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HomeMy WebLinkAboutBoard of Adjustment 05-22-2000 C AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, May 25, 2000 TIME: 8:30 a.m. LOCATION: Government Center, Hudson, Wisconsin CALL TO ORDER: ROLL CALL: DOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: ELECTION OF OFFICERS: UNFINISHED BUSINESS: OTHER BUSINESS OLD BUSINESS: NEW BUSINESS: See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: May 15, 2000 COPIES TO: County Board Office County Clerk Committee Members News Media/Notice Board *CANCELLATIONS/CHANGES/ADDITIONS PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 25, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.14(6)( i). Request is to operate a livestock business to include 1350 heifers. APPELLANT: John Neumann LOCATION: The SW '/4 of the SW 1/4, Section 20, T28N-R17W, Town of Pleasant Valley. ADDRESS: 222162nd Street, Hammond, Wisconsin 2. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.14(6)( i). Request is to operate a livestock business to include 200 dairy cattle. APELLANT: Ter-Ray Farms/ Robert and Wendi Lanting LOCATION: Located in the SW '/4 of the NW '/4 and the NW '/4 of the SW '/4, all in Section 15, T30N-R17W, Town of Erin Prairie. ADDRESS: County Road T, New Richmond, Wisconsin. 3. ARTICLE: Special Exception request for a temporary occupancy permit in the Ag/Residential District pursuant to Section 17.70(3)(c)3. Request is to live in a temporary travel trailer while constructing principle residence on the parcel. APPELLANT: Donald and Shelly Droppo LOCATION: Located in the NE '/4 of the NE '/4 of Section 33, T30N-R19W, Town of St. Joseph ADDRESS: 60th Street, Hudson, Wisconsin 4. ARTICLE: Special Exception request for a permit to locate a substation in the Ag/Residential District pursuant to Section 17.15(6)(1). Request is to allow an electrical distribution substation for Dairyland Power Cooperative on a parcel zoned Ag/Residential. APPELLANT: Dorwes Farms, Inc./ Dairyland Power Cooperative LOCATION: SW '/4-NW'/4, Section 36, T29N-R18W, Town of Warren ADDRESS: 140th Street, Roberts, Wisconsin 5. ARTICLE: Special Exception request for a permit for filling and grading on slopes of 20% or more in the Shoreland District pursuant to 17.29(2)(c)1. Request is to construct a machine crossing and access road in the Shoreland District of Pine Lake. APPELLANT: Harold Gelderloos LOCATIOIN: NE '/4-NW '/4, Section 6, T29N-R16W, Town of Baldwin ADDRESS: 1190 Highway 63, Baldwin, Wisconsin 6. ARTICLE: Special Exception request for a permit to allow a contractor storage yard in the Ag/Residential District pursuant to Section 17.15(6)(d). Request is to store equipment related to the owner's excavation business. F APPELLANT: Michael and Connie Crotty LOCATION: SW'/4 of the SE '/, Section 22, T30N-R19W, Town of St. Joseph ADDRESS: 652 Valley View Trail, Somerset, Wisconsin A 7. ARTICLE: Special Exception request for a commercial use in a Commercial District to operate a craft shop pursuant to Section 17.18(1). APPELLANT: Rick Schwertel LOCATION: NW 1/4- NE 1/4, Section 10, T29N-R19W, Town of St. Joseph - ADDRESS: 1099 County Road A, Hudson, Wisconsin 6' 8. ARTICLE: Special Exception request to operate a small custom slaughterhouse in the Agricultural District pursuant to Section 17.14(6)(k). Request is to operate a family custom cleaning, butchering, facility from the property. APPELLANT: John and Jeniffer Vang LOCATION: SW '/4-SE '/4 and the SE '/4-SE '/4, Section 32, T29N-R16W, Town of Baldwin ADDRESS: 6082301h Street, Woodville, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer,Chairperson St. Croix County Board of Adjustment X BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES May 25, 2000 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Tom Rose were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Deb Zimmermann, Administrative Assistant and Greg Timmerman, Corporation Counsel - Motion by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as June 22, 2000. The starting time will be 8:30 a.m. The meeting will be held in the County Board Room at the Government Center. Motion by Golz, second by King to approve minutes from the April meeting. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel is present today. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 25, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.14(6)( i). Request is to operate a livestock business to include 1350 heifers. APPELLANT: John Neumann LOCATION: The SW'/4 of the SW 1/4, Section 20, T28N-R17W, Town of Pleasant Valley. ADDRESS: 222162 nd Street, Hammond, Wisconsin 2. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.14(6)( i). Request is to operate a livestock business to include 200 dairy cattle. APELLANT: Ter-Ray Farms/ Robert and Wendi Lanting LOCATION: Located in the SW '/4 of the NW 1/4 and the NW '/4 of the SW '/4, all in Section 15, T30N-R17W, Town of Erin Prairie. ADDRESS: County Road T, New Richmond, Wisconsin. 3. ARTICLE: Special Exception request for a temporary occupancy permit in the Ag/Residential District pursuant to Section 17.70(3)(c)3. Request is to live in a temporary travel trailer while constructing principle residence on the parcel. iI APPELLANT: Donald and Shelly Droppo LOCATION: Located in the NE '/4 of the NE '/4 of Section 33, T30N-R19W, Town of St. Joseph ADDRESS: 60th Street, Hudson, Wisconsin 4. ARTICLE: Special Exception request for a permit to locate a substation in the Ag/Residential District pursuant to Section 17.15(6)(1). Request is _ to allow an electrical distribution substation for Dairyland Power Cooperative on a parcel zoned Ag/Residential. APPELLANT: Dorwes Farms, Inc./Dairyland Power Cooperative LOCATION: SW '/4-NW'/4, Section 36, T29N-R18W, Town of Warren ADDRESS: 140th Street, Roberts, Wisconsin 5. ARTICLE: Special Exception request for a permit for filling and grading on slopes of 20% or more in the Shoreland District pursuant to 17.29(2)(c)1. Request is to construct a machine crossing and access road in the Shoreland District of Pine Lake. APPELLANT: Harold Gelderloos LOCATIOIN: NE '/4-NW '/4, Section 6, T29N-R16W, Town of Baldwin ADDRESS: 1190 Highway 63, Baldwin, Wisconsin 6. ARTICLE: Special Exception request for a permit to allow a contractor storage yard in the Ag/Residential District pursuant to Section 17.15(6)(d). Request is to store equipment related to the owner's excavation business. APPELLANT: Michael and Connie Crotty LOCATION: SW '/4 of the SE '/4, Section 22, T30N-R19W, Town of St. Joseph ADDRESS: 652 Valley View Trail, Somerset, Wisconsin 7. ARTICLE: Special Exception request for a commercial use in a Commercial District to operate a craft shop pursuant to Section 17.18(1). APPELLANT: Rick Schwertel LOCATION: NW 114- NE 1/4, Section 10, T29N-R19W, Town of St. Joseph ADDRESS: 1099 County Road A, Hudson, Wisconsin 8. ARTICLE: Special Exception request to operate a small custom slaughterhouse in the Agricultural District pursuant to Section 17.14(6)(k). Request is to operate a family custom cleaning, butchering, facility from the property. APPELLANT: John and Jeniffer Vang LOCATION: SW'/4-SE '/4 and the SE '/4-SE '/4, Section 32, T29N-R16W, Town of Baldwin ADDRESS: 608230th Street, Woodville, Wisconsin All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment John Neumann Eslinger explained that this request is to exceed the number of animal units per acre for manure waste. The applicant was granted approval from the Board of Adjustment in 1998 to expand the number of dairy heifers raised on site to 750 heifers. The applicant 2 is asking to expand the herd to allow the number of dairy heifers raised on site to be 1350. The applicant has been working with Zoning and the Land and Water Conservation Department on the waste management plan. There is some information that has just recently been received from the applicant that still needs approval by the Land and Water Conservation Department. The Town of Pleasant Valley has been sent a complete application and has recommended approval of the request. Eslinger explained that the DNR does not require a permit on this application, as it does not exceed the required animal units per DNR standards. The standards for animal units at the DNR level, N.R. 243, is different than the county standards. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application and narrative with attachments Exhibit 3: Letter from Jeanne Calhoun, DNR, stating that no WPDS permit is needed. Exhibit 4: Letter from the Town of Pleasant Valley recommending approval 1 Exhibit 5: Letter dated May 18th from the LWCD outlining concerns Exhibit 6: Letter from John Neumann responding to LWCD letter John Neumann, being duly sworn, explained his request to the Board. The animals are brought to him at about 200 pounds, and he raises them for the owner, and then returns them after they reach around 1,000 pounds. He believes he has been in compliance with all county requirements since 1998. Neumann informed the Board that he believes he has fulfilled all requirements that have been asked of him by the county. He found out about the concerns from LWCD on Saturday, and this did not give him very much time to respond. He has spoken with LWCD about this and they are aware that he did not have much time to respond. Dave Sander, being duly sworn, is with the Land and Water Conservation Department and has been working with Neumann on this project. He agrees that there is a problem with the time that it takes to review these applications, as the LWCD only has about 2 weeks total for their review. The LWCD is looking at the process and how they can remedy these problems. Sander believes that any issues that have not been addressed can be worked out the Neumann and he feels confident that these issues will be taken care of. The Board will visit the site. Ter-Rae Farms— Robert and Wend! Lantina Eslinger explained that this application is similar to the Neumann application. Lanting's are asking to exceed animal units per acre. Eslinger further stated that this 13.2-acre parcel is unique, as it was created through a farm consolidation. There are buildings on the property that are currently not occupied. Lantings want to get into farming and have contracted with surrounding landowner to rent property for spreading. They plan to have approximately 200 dairy cows. The Land and Water Conservation Department has reviewed this application and the 590 Nutrient management Plan. There is no review Y required b the DNR due to the size of the operation. q The Town of Erin Prairie has recommended approval of the application. 3 The following exhibits were introduced: I" Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments Exhibit 3: Manure Disposal Agreement Exhibit 4; Site Map— Certified Survey Map Exhibit 5: Letter from Land and Water Conservation Dept. Wendi Lanting, being duly sworn, explained that they would like to run a 200-cow dairy on this property. They would milk approximately 120 cows, and the remaining animals would be young stock. They have sold their farm in Rice Lake, and are in the process of buying the farm at the present time. They plan to just milk cows and will not raise any crops. Lanting stated that they have sufficient storage on the site for the manure and they have contracted for land for spreading. Rose had a question on the language in the Manure Disposal Agreement. Timmerman explained that this agreement covers what is required by the County and the remainder of the agreement is between the Lantings and Ter-Rae Farms, Inc. If there is a change in the agreement with regard to acreage to use for spreading, the County needs to be notified. Dennis Mitchell, being duly sworn, states that he is the owner of the property. The Lantings would like to milk cows on this farm, and Mitchell's have the land and the crops to be able to work with the Lantings to make this operation possible. The Board will visit the site. Donald and Shelly Droppo Fisher presented the staff report to the Board. This request is fora one-year temporary occupancy permit to allow the applicant to live in a travel trailer on their property while their home is being constructed. Shelly Droppo, being duly sworn, is the owner of the property. They already have their building permit and sanitary permit for their site. They will obtain a reconnect permit when necessary. Droppo explained that this trailer will not be removed from the property after construction of the home is completed, as it is a travel trailer that they use for camping, and they will be storing it on the site. The zoning staff agreed that this is fine. Droppo further explained that they are keeping some of their personal belongings in a semi-trailer on the property until the home is completed. The Town of St. Joseph has recommended approval of this application. The Board will visit the site. Dorwes Farms. Inc./ Dalryland Power Eslinger informed the Board that this application is for a permit for an electrical distribution substation on a 2-acre site in the Ag/Residential District. Eslinger went over the site plan with the Board. The surrounding properties are mostly agriculture. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments 4 Exhibit 3: Letter from the Town of Warren recommending approval Exhibit 4: Site plan of the project William Woodman, being duly sworn, is representing Dairyland Power. He explained that the substation is for St. Croix Electric and is needed to meet the load requirements of this area, due to the growth in population. Fisher asked about screening around the structure. Woodman stated that they would put up screening, but it would need to be something small, as it will otherwise interfere with the power. Mark Pendergast, being duly sworn, is representing St. Croix Electric. They will be working with Dairyland Power on this project. He explained that with the continued growth in this area, the substation is very important, and this location is an ideal area for this structure. They anticipate completion by early fall. - Pendergast stated that there will be a 10-foot high fence around the structure with barbed wire at the top. They will continue to work with the Town of Warren on this proposed substation. The Board will visit the site. Harold Gelderloos Eslinger explained that this application is for a permit for filling and grading on Pine Lake and for access and machinery crossing to the property. The Wisconsin Dept. of Transportation has been notified of this application, but has not responded. The Town of Baldwin was sent a copy of the application, but has not sent any comments. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments Exhibit 3: Site plan for machinery crossing and access road—designed by St. Croix County Land and Water Conservation Dept. Eslinger informed the Board that the DNR and the Land and Water Conservation Department have reviewed. Zoning has received preliminary approval from both of these agencies. Eslinger went on to explain that the stream being crossed is not navigable. There is only water in it when the snow melts or when there is a very heavy rain. Harold Gelderloos, being duly sworn, gave the Board the background on this property. He and his family have decided to develop a wildlife habitat with prairie restoration on this property and a hardwood forest. They have a fair amount of frontage on Pine Lake. He stated that the crossing is needed to be able to safely access the property. They are currently traveling on the shoulder of Highway 63 to access the area, and feel that it is unsafe due to the heavy amount of traffic on that road. The request is also to do some filling and grading. Any grading that is done will be seeded with prairie seeds and native flower habitat. They have received preliminary approval from the D.O.T. and NSP. They needed approval from NSP, as one of the sites(site 2) is located within the NSP easement. Gelderloos stated that he has not appeared before the Town of Baldwin, as he was not aware that he needed to. He believed that this was a county issue and he has been 5 working with Zoning and the Land and Water Conservation Department. He has spoken with the Town Chair. Joe Hurtgen, being duly sworn, is the Chairman for the Town of Baldwin. He is opposed to this application, as it has not been before the Town for their approval. The Board will visit the site. Michael and Connie Crottv Eslinger informed the Board that his application is for a contractor's storage yard in the Ag/Residential District. The request is to store machinery on his property that he uses for his business. He is currently storing machinery on the property, and has not obtained a permit to do so. He has been working with the Town and the County to remedy this and come into compliance, by getting this permit. The Town of St. Joseph has recommended approval of the application. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments, including a list of equipment to be stored on the site. Exhibit 3: Letter from the Town recommending approval Michael Crotty, being duly sworn, is the applicant. He gave the background on his business. He recognizes that he needs to clean up the yard and store his equipment inside. Crotty stated that he has a building to store equipment and will only have his own equipment on site. The Board will visit the site. Rich Schwertel/ Kim Beer Fisher explained that this application is for a commercial business in the commercial district. Applicant is requesting approval to operate a craft shop on an existing commercial site. Fisher went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments Exhibit 3: Letter from the Town of St. Joseph recommending approval of the application. Kim Beer, being duly sworn, is the applicant. She explained that this site was a store at one time and is still zoned commercial. Beer has read over the proposed conditions listed in the staff report and has no problem with them. She has had a state inspector out to the property and has a list of conditions that need to be met. She is willing to do this. Beer is aware of the parking requirements for a commercial site and will work with zoning on this issue. There are currently residents living in one-half of the building, and they are aware of this proposed business. Beer stated that there will not be a large volume of people at the property at one time, due to the nature of the business. The Board will visit the site. 6 The Board recessed at 10:15 a.m. The Board reconvened at 10:25 a.m. John and Jeniffer Yang Eslinger explained that this application is for a slaughterhouse in the Agriculture District. This use is listed as a special exception use in this district. According to the ordinance, slaughterhouses shall not be located less that 700-feet from any lot line shared with property upon where a dwelling may be located. Eslinger gave the background on the application. The Vangs came into the zoning office in the fall of 1999 to inquire what it would take to put in a slaughterhouse and what was required to do so. Zoning has worked with the applicant and been in contact with state agencies on this application. Eslinger went over the staff report with the Board. He explained that this request is for a custom slaughterhouse where the applicant will sell animals to the public and will provide the slaughtering service if the customer wishes. The facility for the slaughterhouse was designed by a licensed architect and approved by the Department of Commerce. The proposed slaughterhouse facility also complies with the required 700-foot setback as the applicant has paperwork demonstrating that he will purchase adjacent land, should the Special Exception be granted. There will be no cultural ceremonies from this property. Eslinger went over the proposed conditions that were listed in the staff report. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative and attachments, including site plans Exhibit 3: Letter from rendering waste hauler, National By-Products, Inc., Berlin, Wisconsin Exhibit 4: Letter from the Department of Commerce approving the building plans Exhibit 5: Letter from the Town of Baldwin, dated November 16, 1999, approving the holding tank for the slaughterhouse. Exhibit 6: Letter from the Department of Agriculture Exhibit 7; Letter from the City of New Richmond-Certificate of Sewage and Effluent Waste Disposal Exhibit 8: Purchase agreement for property Exhibit 9: Letter from the State of Wisconsin approving mound system Exhibit 10: Letter from the Department of Commerce for plumbing for slaughterhouse Exhibit 11: Letter from the Department of Commerce delaying decision on HVAC system until June Exhibit 12: Signed letters opposing the slaughterhouse operation John Vang and Seng Yang, being duly sworn, state that they are the applicants. Seng gave the background on this application in detail. He first stated that they have not been back to the Town, as they believed they already had approval, based on the November 17th letter from the Town of Baldwin. Seng further explained that this will be a family owned slaughterhouse and they have been working with the county and the state to permit it properly. This will not be anything like what happened in the slaughterhouse in Hugo, Minnesota that created so much publicity. They will be selling the animal to the customer and provide services to the customer if they choose to use the facility. 7 I Seng explained the layout of the building, stating that three separate kill rooms are required in the proposed facility to insure against contamination of the meat. The number of animals killed per day that was listed is just a guess. They do not anticipate that amount every day. All killing of the animals will be done inside the building and all waste will be disposed of properly, according to what is required. The animals are killed properly according to laws, and it is done in a very humane way. There will not be any cultural ceremonies done on the property. The Vangs will keep all fences maintained and the building would be screened properly and according to what is required of them. Chan Zuber, being duly sworn, is in the business of designing and manufacturing kill floors for operations like the proposed slaughterhouse. He has worked in this field for 30 years and has worked all over the world. Zuber went on to explain how the animal is killed. He further stated that this procedure is used by all slaughterhouses, both large and small, and reiterated that it is a humane way of killing an animal. Zuber added that the Wisconsin Department of Ag is very well respected all over the country, and the proposed slaughterhouse has to get approval through this department to operate. This facility would be a very modern plant and is absolutely no comparison to the Hugo plant in Minnesota. Corporation Counsel, Greg Timmerman, asked Seng Yang about how they will control noise, and odors. Yang answered that all waste products will be disposed of properly and anything being picked up by rendering companies will be kept in containers in large coolers inside the building. All animals will be killed inside the building. There will be no smoke used at the site. Roger Hetchler, being duly sworn, is the realtor that has been involved in the selling of this property. The Vangs have run a market in California for 22 years and he believes that they are the type of people that follow the rules. He reiterated that this application should not be compared to the incident in Hugo. That property was located within the City limits, and had numerous violations. David Kemp, being duly sworn, is with the Wisconsin Department of Agriculture and is the Food Safety Supervisor. He stated that the Vangs contacted him last fall and Kemp met with them at the site to go over requirements for this type of operation. The steps that need to be taken are all in order. Kemp went on to explain that all operations as the proposed operation fall under the same requirements. The are all inspected the same. The operations in Woodville, Plum City, Deer Park and Amery have the same requirements. The Vangs have followed all appropriate state procedures. Joe Hurtgen, being previously sworn, stated that he is the Chairman for the Town of Baldwin. The Town of Baldwin does not recommend approval of this slaughterhouse, as he believes that they did not go through the proper channels for approval from the Town. Kathy Sandvig, being duly sworn, presented the Board with signatures of people opposed to the slaughterhouse. The following people were sworn in and stated their opposition to the application: Donald Fenner, Bonita Speers, Lee Hanson, Janet Hanson, Art Jensen, Judy Lee, Gerald Peterson, Kevin Klinkhammer, Mike Haller, Cynthia Deringer, Tom Sandvig, 8 Robert Otis, Shelly Schmit, Ken Singerhouse. The concerns of this group were as follows: Not compatible with surrounding uses, noise, number of animals butchered per day, property values, odor, groundwater contamination, transporting meat across state lines (Wisconsin/Minnesota), increased traffic, affect on environment, waste disposal/ management, distance of slaughterhouse to adjoining properties, screening of facility, cultural ceremonies. Chairperson Speer closed comments from the public. The Board will visit the site. The Board recessed at 12:35 p.m. to view sites. Decisions The Board reconvened at 3:35 p.m.. to render Decisions. John and Jeniffer Yana A motion was made by Rose, second by Peterson to deny the special exception request for a slaughterhouse in the Agricultural District. Discussion held. Roll call was taken with two members voting in favor of denial, three members voting against denial. Motion failed. A motion was made by King, second by Golz to table a Decision until further information is gathered and the Board has a chance to have the following issues addressed: 1. Submit an updated purchase and sale agreement for the adjacent land to be purchased. The existing purchase and sale agreement describes the land to be purchase as the following: Starting at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 5, Township 28 North, Range 16 West, thence South 131 feet East 997 feet thence North 131 feet, thence West feet to point of beginning, subject to easements and road right-of-ways of record....(Containing approximately 4 acres) This is in conflict with the site plan submitted by Stephen Thiesing, Architect. The site plan reveals this area as being 170 feet by 997 feet. You must prove that you have a legal, current purchase and sale agreement. THIS MUST BE CLAIMED TO SHOW THAT THE REQUEST COMPLIES WITH THE PROVISIONS OF THE ZONING ORDINANCE. 2. Provide a copy of the state approved sanitary plans for the facility to handle the domestic wastewater. The plan should include the following; mound location, effluent piping, septic tank placement, well location, and the slaughterhouse facility. 3. Provide a copy of the Department of Natural Resources approved plans for the grease inceptor and holding tank to handle the industrial wastewater from the slaughterhouse facility. 4. Describe the methods taken to prevent noise pollution from the facility. How will noise pollution be prevented or reduced? 5. Investigate alternative sites. Were other commercial and industrial zoned properties considered when locating this facility? 6. Contact the Department of Commence and the United State Department of Agricultural to inquire if approval is needed to transport meat from the facility across state lines. Provide documentation of your findings. 7. Identify the number of spreadable acres. 8. Identify who will be responsible for the daily operation of the slaughterhouse facility. 9. The committee encouraged you to contact the town to attend a town meeting. (This is not required by law.) 9 10. Submit a landscaping plan for the slaughterhouse facility. 11. Identify the equipment in the slaughterhouse facility, and identify the equipment the public may use. Will the customers be able to operate the band saws? Are OSHA laws—followed or required to be followed? 12. Identify the maximum number of the customers that are allowed to populate the facility at one time. What is the capacity of the facility? 13. Describe the measures taken to protect the employees and customers health. 14. Clarify the agency that will be responsible for the licensing of the facility. Who will conduct the inspections and how often will the facility be inspected?. Does each kill need to be observed by a licensed inspector? Does this require USDA approval? 15. Traffic congestion —What are the expected volumes? What are the potential impacts on the road? Can this road handle the increase in traffic as related to the facility? Will improvements be needed to the road such as resurfacing, widening, etc....? 16. Describe the disposal methods in detail of the non-edible animal parts. How will the non-edible portion of the animals be stored to prevent a human health hazard? 17. Clarify how ceremonies and rituals will not be performed from the property. The board felt your application was contradictory and you stated there would be no ceremonies on the property and however, the public would populate the building and observe and participate in the slaughtering. The Board of Adjustment shall consider the submittal of the above information, however the submittal of this information shall not constitute approval of the request. This information will be used by the board to make an informed decision to approve or deny this request to operate a slaughterhouse from this property. The following vote was taken to table a Decision: Golz, yes; King, yes; Rose, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. John Neumann Motion by Golz, second by Peterson to approve the special exception request for a permit to exceed number of animal units per acre based on the following findings: 1. The Land and Water Conservation has approved the application with conditions. 2. The Town of Pleasant Valley recommended approval of the application. 3. The use is compatible with other surrounding uses. 4. No objections were raised to the application. 5. The plan for the project has been designed by a professional engineer. 6. Applicant has worked with all appropriate agencies to obtain approvals. 7. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall comply with the engineer designed and approved facility plans as submitted. 2. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. A water test, by a certified lab, is required to establish a baseline for groundwater monitoring. 3. The applicant must secure all town approvals necessary for this project prior to commencing site preparation. 4. The maximum number of dairy heifers kept on site is 1,350. 5. The applicant shall submit an emergency action plan for the manure storage facility to the Zoning Office prior to commencing site preparation. 6. The County shall review the 590 Nutrient Management Plan and conservation plan annually. 10 7. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 8. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 9. Manure applications to be immediately incorporated, if applied to soil less than 200 feet from critical areas such as: open water, wetlands, and drainage ways. 10. The applicant shall submit soil samples (one sample per five-acres) within one year of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 11. The applicant shall limit the winter spreading of nutrients to no more than 30 days on approved sites as indicated in the nutrient management plan. The Land and Water Conservation Department shall approve these sites prior to the site preparation. 12. An erosion control plan shall be submitted and approved by the County within 30 days from the issuance of the Special Exception permit. The erosion control practices must be installed prior to site preparation. 13. The applicant shall document that the runoff from existing animal lots be controlled according to technical guide / best management standards within one year of issuance of the special exception permit. 14. The applicant shall submit a complete site plan with contours, proposed barn elevations, and common benchmarks for review by the County prior to site preparation. 15. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 16. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior to mass transporting of solid wastes and pumping of storage lagoon. 17. The applicant shall notify the St. Croix County Land and Water Conservation Department must be notified when the pit is empty to allow annual inspection of the clay liner. 18. The applicant shall submit an environmental bond/insurance policy or letter of credit in an amount of $32,500 to the Zoning Department for pumping, hauling, spreading of manure from the manure storage facility. The bond/policy shall also be for the abandonment of all manure storage facilities including all reception pits, transfer system, and storage facilities in the event the operation ceases to exist for a period of greater than 12 months. 19. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 20. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. The following vote was taken to approve: Peterson, yes; Rose, yes; Golz, yes; King, yes; Chairperson Speer, yes. Motion Carried. Ter-Rae Farms/ Robert and Wend! Lantina Motion by Peterson, second by Speer to approve the special exception request for a permit to exceed number of animal units per acre based on the following findings: 1. The existing site was previously a farm operation. 2. The Land and Water Conservation Department has approved the application 11 3. No objections were raised at the hearing 4. The use is compatible with the surrounding agricultural uses. _ 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. A water test, by a certified lab, is required to establish a baseline for groundwater monitoring. 2. The maximum number of dairy cattle kept on site is 200. 3. The applicant shall submit an emergency action plan for the manure storage facilities to the Zoning Office prior to commencing site preparation. 4. The 590 Nutrient Management plan shall be written as a no net increase of nitrogen or phosphorus over the crop rotation prior to populating the site with animals. 5. The County shall review the 590 Nutrient Management Plan and conservation plan annually. 6. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 7. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 8. The applicant shall submit soil samples (one sample per five-acres) within two years of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 9. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 10. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior to mass transporting of solid wastes and pumping of storage ponds. policy o r letter of credit nvir nmental bond/insurance 11. Thea licant shall submit an o ppp Y in an amount of $16,500 to the Zoning Department for pumping, hauling, spreading of manure from the manure storage facility, in the event the operation ceases to exist for a period of greater than 12 months. 12. Any minor change or addition to the project, including but not limited to design of the facility, shall require review and approval by the Zoning Administrator and the Land and Water Conservation Department prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 13. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to theapplicant and an opportunity for a hearing. pp Y g The following vote was taken to approve: Rose, yes; King, yes; Golz, yes; Peterson, yes, Chairperson Speer, yes. Motion carried. Donald and Shelly Droppo Motion by Golz, second by Rose to approve the special exception request for a temporary occupancy permit based on the following findings: 1. The Town of St. Joseph recommended approval of the application. 2. The applicant will be temporarily living in a travel trailer and no need to remove from the property when construction is completed. 3. The spirit and intent of the ordinance will be met. 12 With the following conditions: 1. The temporary occupancy permit is valid for a period of one-year from the date of its approval by the Board of Adjustment. 2. Applicant to secure all required permits, including building and septic permits (reconnection permit)for the new residence. 3. The applicant shall secure all necessary town approvals. 4. The applicant shall have one (1) year from the issuance of the Special exception permit to act on the Special Exception Permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit. 5. Any minor change to the above conditions shall be approved by the Zoning Director. 6. Any major change to the above conditions shall require a new public hearing. 7. Special exception permits may be terminated under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance if the conditions of the decision are not met. _ The following vote was taken to approve: King, yes; Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Dorwes Farms, Inc./ Dairyland Power Motion by Golz, second by Rose to approve the special exception request for a permit to locate an electrical distribution substation and related equipment in the Ag/Residential District based on the following findings: 1. Approval of this application is in the best interest of the public. 2. The Town of Warren recommends approval of the application 3. The use is compatible with surrounding uses 4. A professional engineer has prepared the plans for the project. 5. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall follow the plans submitted in the application. (Maintain building setbacks for all structures) 2. The Zoning Office is to be notified at the start and the finish of the project. 3. The applicant must secure a town building permit prior to commencing site preparation. 4. Landscaping plan to be approved for the perimeter of the fenced area to secure the facility in so far as practical. 5. Any minor change or addition to the project, including but not limited to installation of the electrical distribution substation and related equipment, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 6. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, the applicant will be required to secure a new special exception permit before starting or completing construction on the project. The following vote was taken to approve: King, yes; Peterson, yes; Rose, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Harold Gelderloos Motion by Rose, second by Golz to approve special exception for filling and grading and construction of an access road and machinery crossing in a Shoreland District, based on the following findings: 13 1. Plan presented was designed by the St. Croix County Land and Water Conservation Department. 2. Proposed access to property will be safer for the applicant and the public, as the applicant will no longer be using Highway 63 to access the property. 3. The spirit and intent of the ordinance will be met. With the following conditions: 1. The applicant shall obtain all necessary approvals from the Wisconsin Department of Transportation and Northern States Power Company prior to site preparation. 2. The applicant shall follow the plans as submitted. 3. The applicant shall install silt fence (erosion control measures) prior to commencing grading activities. Removal of the silt fence is required when no longer needed. 4. Work with the Land and Water Conservation Department during these projects to insure that the plans are implemented as designed. 5. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence the access crossings in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the grading/filling and riprap projects. 6. Any minor change (or addition) in expansion of the project shall require a review and approval by the zoning director. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: Peterson, yes; King, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. Michael and Connie Crottv Motion by Peterson, second by Golz to approve a special exception for a contractor's storage yard based on the following findings: 1. The Town of St. Joseph recommends approval of the application. 2. The request is compatible with the surrounding neighborhood. 3. The conditions placed on the permit will limit the size of the storage yard. 4. The spirit and intent of the ordinance will be met. With the following conditions: 1) This approval is for a "Contractor's storage yard" known as "Final Grade". 2) All equipment related to this request shall be stored within the confines of the storage shed as indicated on the site plan, except for the two trailers. The trailers shall be stored immediately north of the of the storage shed, as shown on the site plan. The applicant may only replace/upgrade equipment with similar equipment. The size of the contractor storage yard cannot expand beyond the plan as submitted. EQUIPMENT LIST 1. One single axle dump truck 2. One "Mustang" bobcat 3. One 450 "Case" bulldozer 4. One 1 '/4 rubber tire hoe 14 5. Two equipment trailers (Stored outside) 3) The property shall be kept in a neat and orderly matter. 4) This approval does not include storage of hazardous materials onsite. (This does not apply to chemicals that the applicant may use for personal use) 5) The applicant shall limit the travel-- related to business -- on Valley View Trail from '/2 hour before sunrise to '/2 hour after sunset Monday—Saturday. The applicant should avoid excess trips to and from the property during these hours. 6) No person other than the resident of the principal dwelling may be engaged with the "Final Grade" business. 7) All designated outside storage areas shall be so placed or screened by plantings as not to be visible from Valley View Trail or any residential building other than that of the owner of such yard. 8) The applicant shall have the Zoning Administrator review this special exception permit in two years from the approval date for compliance with this approval (May 2002). 9) This approval does not give the authorization to place a sign on the parcel. All signage must be approved by the zoning department and must strictly adhere to the St. Croix County Signage Ordinance. Maximum size of sign, if approved, can be no larger than 6 square feet. 10) The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence business operation in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 11) Any minor change (or addition) in expansion of the project, including the business, signage, lighting, hours of operation, shall require review and approval by the zoning administrator. Any major change and/or addition to the originally approved plan will go through the special exception approval process, where applicable, as stated in the ordinance. The following vote was taken to approve: King, yes; Golz, yes; Rose, yes; Peterson, yes; Chairperson Speer, yes. Motin carried. Rick Schwertel/ Kim Beer Motion by Rose, second by Golz to table a Decision in this matter until the following issues are addressed: 1. Contact the highway department to look at the access to the site and determine if this will be safe for a commercial business. Highway to submit their findings in writing. 2. Submit a scaled site plan showing parking availability for 6 parking spaces to meet ordinance requirements. Parking spaces to be a minimum of 10' x 20' (200 square feet). The following vote was taken to table: King, yes; Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, yes. Motion carried. A motion was made by Peterson, second by Speer, to adjourn. All in favor. Meeting adjourned at 5:20 p.m. Zicfhctfully submitted: eterson, Secretary Debbie Zimmer a , Recording Secretary 15