July 23, 2014 at 2:10 p.m.
Wash area decision delayed (10/17/2008)
Zoning Board of Appeals
By By STEVE GARBACZ-
An appeal to the Zoning Board of Appeals for permission to install a hog trailer washing station north of Portland was delayed until next month after an hour-long meeting Thursday night.
Randy Brotherton filed an appeal on the original decision delivered by Jay/Portland Building and Planning stating the zoning ordinance would not allow him to build a trailer wash area at a 3.5 acre property at 1451 West 400 North. Several issues surrounded the original decision, including the property not being zoned as commercial and setback limits for lagoons.
Brotherton wants to install a bay where he could spray out up to seven hog trailers for a company he's working with. The facility would have a fine screen to catch any solid waste while the remaining water would drain into a raised retention area.
Brotherton argued the bay would not be run as a commercial operation, since he would only be washing the trailers on lease to the company. He also pointed out that there would be insignificant amounts of solid waste in the retention pit since almost all of the manure would be caught by the screens. The pit would have built up walls around the outside to ensure no runoff would enter it and cut the risk for overflow during heavy rain.
"We can only afford three and four-tenths acres," said Randy Brotherton. "I'm not trying to step on anyone's toes. That's the land we have and that's the land we want to use."
"All the water that makes it out to the pond is nearly clean," said Shaun Brotherton. Since there will never be any hogs at the site and the pond will no be holding any manure, the Brothertons argued the installation could not be considered the same as a waste lagoon.
The Brotherons added that having a personal facility would add convenience, since other washing facilities either close early or give precedence to their own contracted trucks.
But since the Brothertons are paid $70 per truck washed, some discussion came up as to whether washing one truck for payment could be considered a commercial operation.
Several neighbors showed up at the hearing to speak against the installation.
"That's serious business to me to have the manure pond overflowing," said Mike Landers, who said heavy rains cause water to drive down onto his property and was concerned the retention area would spill over. "This is not the right spot for it."
"I'm here to use the ground that I have, to spend the least amount of money I have to, to get the job done," said Randy Brotherton.
Randy Brotherton asked the board to grant him a continuance so he can consult with legal counsel. He also said he had never received information about the ordinances cited in the denial letter from planning director Bill Milligan.
The board granted the request for continuance and will meet again with Brotherton on Nov. 20.[[In-content Ad]]
Randy Brotherton filed an appeal on the original decision delivered by Jay/Portland Building and Planning stating the zoning ordinance would not allow him to build a trailer wash area at a 3.5 acre property at 1451 West 400 North. Several issues surrounded the original decision, including the property not being zoned as commercial and setback limits for lagoons.
Brotherton wants to install a bay where he could spray out up to seven hog trailers for a company he's working with. The facility would have a fine screen to catch any solid waste while the remaining water would drain into a raised retention area.
Brotherton argued the bay would not be run as a commercial operation, since he would only be washing the trailers on lease to the company. He also pointed out that there would be insignificant amounts of solid waste in the retention pit since almost all of the manure would be caught by the screens. The pit would have built up walls around the outside to ensure no runoff would enter it and cut the risk for overflow during heavy rain.
"We can only afford three and four-tenths acres," said Randy Brotherton. "I'm not trying to step on anyone's toes. That's the land we have and that's the land we want to use."
"All the water that makes it out to the pond is nearly clean," said Shaun Brotherton. Since there will never be any hogs at the site and the pond will no be holding any manure, the Brothertons argued the installation could not be considered the same as a waste lagoon.
The Brotherons added that having a personal facility would add convenience, since other washing facilities either close early or give precedence to their own contracted trucks.
But since the Brothertons are paid $70 per truck washed, some discussion came up as to whether washing one truck for payment could be considered a commercial operation.
Several neighbors showed up at the hearing to speak against the installation.
"That's serious business to me to have the manure pond overflowing," said Mike Landers, who said heavy rains cause water to drive down onto his property and was concerned the retention area would spill over. "This is not the right spot for it."
"I'm here to use the ground that I have, to spend the least amount of money I have to, to get the job done," said Randy Brotherton.
Randy Brotherton asked the board to grant him a continuance so he can consult with legal counsel. He also said he had never received information about the ordinances cited in the denial letter from planning director Bill Milligan.
The board granted the request for continuance and will meet again with Brotherton on Nov. 20.[[In-content Ad]]
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