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HomeMy WebLinkAboutBoard of Adjustment 08-27-1998 . _ l - - - - _ - - : _ ~ - ' r AGENDA ST. CROIX COUNTY r 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, August 2l, 1995 TIME: 8:34 a.m. LOCAT[ON: Government Center, Hudson, vllisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNF[NISHED BUSINESS: OLD BUSINESS: NEW BUSINESS: See Attachment OTHER: ANNOUNCEMENTS AND CORRESPONDENCE: POSS[BLE AGENDA ITEMS FOR NEXT MEETING: .ADJOURNMENT: agenda not necessarily presented in this order} SUBMITTED BY: St. Croix County Zoning Office DATE: August 19, 1998 COPIES TO: County Board Office County Clerk Committee Members News Media~Natice Board *CANCELLATIONSlCHANG ESlADDlTIONS i r7 I I PUBLIC HEARING The St, Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 27, 1998 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the followin a eats to the St. Croix County Zoning Ordinance. An on-site investigation will be made g PP of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 11.292}~c} 1. Restrictions on Filling and Grading APPELLANT: Ruth S. Hussl Gary Zappa LOCATION: Government Lot 3 & 4 in Section 23, T30N-R19W, Town of St. Joseph 2. ARTICLE: 22fi~89} Nonmetallic Mining and Reclamation APPELLANT: Gillis Farmsl TCD Demolition, Inc. LOCAT[ON: The NE 114 of the SE 114 of Section 13, T29N-R18W, Town of Warren 3. ARTICLE: 11.15~fi}~o}. Livestock operation in excess of one animal unit per acre. APPELLANT: Emerald Dairyl John Vrieze LOCATION: The N 112 of the NE 114 of the NE 114 of Section 22, T30N-R1 fiW, Town of Emerald 4. ARTICLE: 11.64~c}2. Variance to Class C Highway Setback APPELLANT: Peter L. and Lori Durand LOCATION: Government Lot 3, in the SW 114 of the NE 114 of Section 30, T30N-R18W, Tvwn of Richmond II Ail interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office ofthe St. Croix CountyZoning Director, Hudson, vllisconsin at X115} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment _ _ _ i BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES August 2l, ~ 998 This meeting was recorded by Northwestern Court Reporters} The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Nick Golz, Julie S eer, Dick King, Brian Wert and Rich Peterson were present. Chairperson Speer believes P this to be a properly noticed meeting. Staff included: Jim Thompson, Zoning Specialist and Debbie Murphy, Administrative Secretary. Motion b Kin , second b Peterson to adopt the agenda. Motion carried. Y 9 Y Motion b Golz second b Kin to approve the July minutes as written. Motion carried. y Y 9 The Board set the next meeting date as September 25,1998. Chairperson Speer asked the members of the Board if they had any objection to the starting time for this meeting always being 5:30 a.m. The Board was all in agreement that the start time should be 5:34 a.m. every month. CORPORATION COUNSEL REPORTI UPDATE ON V1OLATlONS AND LITIGATION . I! It was noted that Corporation Counsel, will be available today if needed. OLD BUSINESS Jim Thompson informed the Board that there is no old business today. NEW BUSINESS Chair erson Speer welcomed everyone in attendance and gave a brief overview of how the Board of P Adjustment meeting is conducted. Thompson read the public hearing notice as published: PUBLIC HEARING The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, August 2l, 1998 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the followin appeals to the St. Croix County Zoning ordinance. An on-site investigation will be made 9 of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: 11.292}~c} 1. Restrictions on Filling and Grading APPELLANT: Ruth S. Hussl Gary Zappa LGCATIGN: Government Lot 3 & 4 in Section 23, T30N-R1.9W, Town of St, Joseph 2. ARTICLE: 22689} Nonmetallic Mining and Reclamation APPELLANT: Gillis Farmsl TCD Demolition, Inc. LOCATIGN: The NE 114 of the SE 1I4 of Section 13, T29N-R18W, Town of Warren 3. ARTICLE: 11.156}~0}. Livestock operation in excess of one animal unit per acre. I APPELLANT: Emerald Dairyl John Vrieze LOCATION: The N 1l2 of the NE 114 of the NE 114 of Section 22, T30N-R16vv, Town of Emerald 4. ARTICLE: 17.64~c}2. Variance to Class C Highway Setback APPELLANT: Peter L. and Lori Durand LOCATION: Government Lot 3, in the SW 114 of the NE 114 of Section 30, T30N-R18w, Town of Richmond 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, vvisconsin at X715} 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Peter and Lori Durand Peter and Lori Durand, being duly sworn, state that they are the owners of the property. They are asking for a variance from County Road A to construct a 28 x 50 foot garage, They cannot meet the setback because of the grade of the land and the location of the drainfield. They went over the map of their property with the Board. There are mature trees on the east side of the property near the road and this will block the view of the garage from the road. Mr. Durand will mark the lot lines so that the i Board can look at them when they come out to view property. The following exhibits were introduced by Thompson: . II Exhibit 1: Application for the 39 foot variance from County Road A Exhibit 2: Staff report Exhibit 3: Letter from the Town of Richmond in support of the application Exhibit 4: Copy of the half section map showing the property with the buildings Exhibit 5: Copy of a hand drawn plot plan Exhibit 6: Packet of photos of the property Exhibit 7: Copy of hand drawn plot plan Exhibit 8: Copy of Certified Survey Map showing dimensions of the property The Board will visit the site. Ruth Huss! Ga Za a Ruth Huss, John Huss, Peter Kramer and Gary Zappa were all sworn in, Zappa explained the reason for the a lication. The ro ert is on Bass Lake and they are asking to do some filling and grading pp P P Y on the site where the garage will be built. They also have some work to do on the bank. Zappa went overthe contours of the structure and explained thatthe structure will be above grade and that is a very minimal chance of any erosion. Thompson introduced the following exhibits: Exhibit 1: Application for filling and grading Exhibit 2: Staff report Exhibit 3: Copy of site plan and topographic map showing slopes and ordinary high water mark of Bass Lake 2 I' Exhibit 4: Erosion Control Plan -Thompson went over this plan with the Board and pointed out - retaining wall Exhibit 5: Structural design of retaining wall Exhibit 6: Copy of letter from Eunice Post to Ruth Huss Exhibit 7: Certified Survey Map of Lot 7 Exhibit 8: Copy of .designs by the architect It was explained that the new structure is for a guest house. The Huss's own the adjoining lot also. They would like to start the project as soon as possible. They are aware that they need to fill out an application for the DNR. Eunice Post, of the DNR, stated that she needs to review the application and see if it meets the codes. After her review, it has to be put out to public notice for 30 days. The Board will visit the site. Gillis FarmslTCD Demolition Inc. Bill Liddle, being duly sworn, states that he owns~TCD Demolition and that they have a demolition site in Warren. He is asking for an expansion of that operation. There is a tremendous amount of new building being done in this .area, and the landfill is filling up to capacity. He currently has a 50,000 cubic - foot site, was approved for an additional 50,000 cubic feet this year, and is asking for another 150,000 cubic feet, for a total of 250,000 cubic feet. The Town of Warren has recommended approval of this application with certain conditions. Liddle stated that thiswill beenough room forthe next? years, and possibly up to 15 years. Jack Tritt, being duly sworn, stated that he is with the Wisconsin Department of Natural Resources. He explained that there has not been a formal application submitted to the DNR yet, but they have had some discussions with Liddle. Mr. Liddle added that he wants to get approval from the county for the expansion before he goes to all of the expense of getting the state permits that are required. Steve Bishoff, being duly sworn, is an engineer for the project. He went over the map of the sites and the expansion with the Board. They plan to do this project in phases of 50,000 cubic feet at a time. When one pit is full, it will be capped. The pits will be clay lined and storm water controls are in place. The ground water will be monitored. The leachate tank on the site will be a double walled tank. The DNR approves ofthis type of tank. Liddle added that after a site is closed, it needs to be monitored for 40 years. Jim Ainklin, being duly sworn, is with, Ayres Associates. He stated that the soils are silt and siltlclay. The have ood information gathered on the groundwater flow. He went over the well construction y 9 detail with the Board -Exhibit 11. The sulfate levels have been a little high in same areas due to the gypsum in the sheetrock. The levels, however, have not been in the dangerous levels. It was explained that the clay liners being installed will take care of any future problems with this. It was also stated that the new wells will need to meet the DNR standards for NR 141 and the DNR is responsible for making sure that all requirements are being met and the site is being operated properly, Rick McMonagle, being duly sworn, is the Executive Director for the Kinnickinnic River Land Trust. He stated his concern with this project being so close to the Kinnickinnic River. He has concerns about the chemicals that are in building materials, and that they will affect the river. Jim Ainklin, being previously sworn, stated that the project is 1200 feet from the river, and that the State 3 n Y code allows for this. He further stated that this part of the river very rarely has any water in it and has very little flow. Dick King added that he has never seen any water in this part of the Kinnickinnic. Ainkiin stated that the elevated sulfate levels were found in the well to the norkh, not to the south as McMonagle thought. That is the furthest well from the river. Steve Bishoff, being previously sworn, stated that the DNR does inspect these projects and the engineers have to sign off on the designs and follow all DNR and state requirements. . The following exhibits were introduced: Exhibit 1: Copy of application Exhibit 2: Staff report Exhibit 3: Letter from the Town of Warren in support of the applicatian, along with a Resolution stating conditions Exhibit 4: Rough scale plan of the site showing current site and proposed sites. Exhibit 5: Copy of location map Exhibit 6: Topographic map showing site location Exhibit l: Copy of topographic cap showing ground water flow Exhibit 8: Intermediate size construction and demolition landfill engineered features Exhibit 9: Copy of cap system for landfill. Exhibit 10: Copy of regional groundwater map Exhibit 11: Copy of well construction details Exhibit 12: Groundwater elevations for existing water The Baird will visit the site. Recessed at 10:10 a.m. Reconvened at 10:20 a.m. Vrieze Farms Jahn Vrieze, being dulysworn, is the applicantand is asking to exceed animal units peracre fora large dairy in the Town of Emerald. He would like to have up to 1200 milking cows and will be purchasing approximately 20 acres for the site. He is buying the acreage from the Mike and Kay Dorwin and will rent approximately ~ l90 acres to spread the manure. Vrieze stated that is 50°/a more land than he needs totake care ofthe manure thatwill be generated. He plans on having 1 manager live on the site and 2 herdsman will be living near the site. Vrieze went on to explain that approximately 200 dry cows will be housed at a farm in Eau Galle. All of the calves that are born are sold at birth and will not be housed at this site. There is a 590 Management Plan in place. A gravity flow manure system will be installed. Jim Thompson handed out a copy of the plan for the buildings and the manure system for the Board to review. This manure system can store the manure for upto ayearand is designed by Tiry Engineering. Vrieze plans to spread the manure in October and the cooler weather should help control the odor. The manure will be immediately incorporated into the graund. The building that has been designed is about 800 feet long. This type of barn works best forthe lay of the land. The roof line will be straight and the front will have brick and stucco so that it will have a nice appearance. Vrieze stated that he has had a lot of positive comments from people in the area on his plans for the dairy. The Department of Natural Resources has been out to the property and has looked at the plans. If Vrieze gets approval from the Board today, he will be submitting his permit application to the DNR. 4 - - I: r. ' I Land and Water Conservation has reviewed the application. Their main concern is thattheywould like written in the 59o Plan that if there is any change in the crop rotation on the property, they are to be notified so the Plan can be chan ed. It was also noted that Dorwin must comply with the 590 Plan for g the agreement to be valid. Vrieze stated that he would like the feed trucks to enter the property off of the side road and the milk trucks off of Count Road G. He does not see this causing any type of problem in the area. There will Y be approximately 30 people working, at this facility. There will be part time and full time help. Vrieze informed the Board that there will not be any building started until winter, although they would like to put some asphalt in on the site to store corn silage on it over the winter. Barbara Nelson, being duly sworn, states that she lives in the Town of Emerald and is an immediate nei hbor of this property. She listed her concerns as being environmental, odor, noise from the 9 operation and trucks and economic, in that she believes their property values may decrease due to this facility. She is asking the Board to look at how close this business is to other homes in the area. Gary Klinger, being duly sworn, is a neighbor renting property next to this proposed facility. He stated his concerns as being traffic, noise and water contamination. He is not opposed to farms, just one this large. Dave Anderson, being duly sworn, lives in the Town of Emerald. He stated his concerns about the facility with regard to water quality, regulation of crop rotations and land values. He stated that there are sink holes in the area and that concerns him. Edward Joseph, being duly sworn, has purchased property in this area for recreational purposes. He believes he has Post opportunities to sell his land because the dairy may be going in. He is also concerned about how this will affect the water in the creek that runs through his property. John Vrieze, being previously sworn, responded to concerns of neighbors. He said thatthe manure will be disked into the soil immediately to eliminate any runoff problems. The manure will be spread on 3 different farms. There are monitoring devices to be put in place to watch the nitrate levels. The manure its will be desi ned with cla liners and will be designed correctly and installed properly. Vrieze went p g Y on to sa that this t e of business is allowed in this area. The county has stated that they would like y yp , to see this part of the county remain agricultural. The Dorwin s and Vrieze s will be running a family farm together, as this is two families joining resources to run the farm. Mike Cossellius, being duly sworn, states that he feels thata large dairy such as this will affectthe small farmers in the area and the value of the small farms will decline. The following exhibits were introduced by Thompson: Exhibit 1: Copy of application Exhibit 2: Staff report Exhibit 3: Letter from the Town of Emerald recommending approval of the project Exhibit 4: Preliminary construction plans by Tiry Engineering Exhibit 5: operations and Maintenance Plan by Tiry Engineering Exhibit 6: Waste Storage Structure, Facility and Transfer System designs Exhibit l: Engineering Report for Emerald Dairy -summary of pollution Exhibit 8: Copy of NR 243 -Animal Waste Management Plan for the State 5 I i } Exhibit 9: 590 Management Plan The Board will visit the site. The Board recessed at 11:30 a.m. to visit the sites. DECISIGNS The Board reconvened at 1:50 p.m. to render Decisions. Peter and Lori Durand Motion by Overt, second by Golz to deny the application as there is not a hardship. The following vote was taken to deny: King, no; Peterson, no; Golz, yes; went, yes; Chairperson Speer, no. Motion failed. Motion by Peterson, second by King to grant variance. It is believed that there is a hardship, as they cannot meet the setback due to the grade of the land and location of the drainfield. The following vote was taken to approve: King, yes; Wert, no; Golz, no; Petersen, yes; Chairperson Speer, yes. Motion carried. Ruth Hussl Ga Za a Motion by King, second by Overt tv approve application for filling and grading with the following conditions: 1} Applicant toobtain all appropriate permits and approvalsfrom the Wisconsin Department of Natural Resources. 2} Approval from the Town of St. Joseph before construction can begin. 3} Follow plans as presented The following vote was taken to apprave: Peterson, yes; Golz, yes; Wert, yes; King, yes; Chairperson Speer, yes. Motion carried. Gillis Farmsl TCD Demolition Inc. Motion by Petersen, second by Golzto approve application forspecial exception permit for nonmetallic mining and reclamation with the following conditions: 1} Applicant toobtain all appropriate permits and approvalsfrom the Wisconsin Department of Natural Resources. 2} Applicant to come back to the Board previous to opening another 50,000 cubic foot site. 3} Follow Agreement with the Town of warren that was signed on 1113198. 4} Follow plans as presented. The following vote was taken to approve: King, yes; Golz, yes; Peterson, yes; Wert, abstained; Chairperson Speer, yes. Motion carried. Emerald Dai l John Vrieze Motion by Golz, second by Speer to approve application for a special exception permit to exceed number of animal units per acre with the following conditions: 1} Manure applications to be immediately incorporated into the soil. 6 ~ e 2} All required reviews and approvals to be obtained and forwarded to Zoning Office, 3} Land and Water Conservation office to be notified when pits are empty to allow annual ~ inspection of liner. 4} Annual review of 590 Plan by crop consultant with results to be forwarded to Land and Water Conservation. 5} Notify Land and Water Conservation office of any change in crop rotation. 6} Copies of new leases for land in the 590 Plan shall be provided as they are renewed or made part of the area included for spreading. 7} The maximum number of cows allowed under this permit is 1200 dairy cows at the site. 8} An emergency action plan shall be submitted to the Land and Water Conservation office. 9} The permit will not be valid until all Land and Water Conservation conditions are met and DNR approval and permits obtained. The following vote was taken to approve: King, yes; Wert, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Motion by Wert, second by King to adjourn meeting. Motion carried. Meeting adjourned at 2:20 p.m. Respectfully submitted, Debbie Murphy Brian Wert Recordin Secrets Secretary 9 ry l