BOARD OF ADJUSTMENT

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Thursday, August 26, 2021 - 9:00am

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PDF icon Agenda BOA 8/26/2021 (74 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
MEETING NOTICE/AGENDA
                                                 

DATE:            Thursday, August 26, 2021
TIME:            9:00 a.m.

PLACE:         County Board Room/Gallery

                        West Square Building

                        505 Broadway, Baraboo, WI

 

This meeting is open to the public. However, in light of the COVID-19 pandemic, members of the public may wish to watch the meeting on streaming video which can be found on the County’s webpage at https://www.co.sauk.wi.us/meetings. No one should attend the meeting if they are experiencing COVID- or flu-like symptoms, have a fever, sore throat or recently experienced a loss of taste or smell.

 

 

REASON FOR MEETING:  REGULAR

SUBJECTS FOR DISCUSSION:

 

1.   Call to order and certify compliance with open meetings law

2.   Adopt agenda

3.   Adopt minutes of previous meeting – July 29, 2021

4.   Communications

5.   APPEALS:

a. Petition 12-2021.  A petition to consider a variance request pursuant to s. 7.098(2) of the Sauk Count Zoning Ordinance, for approval of locating a structure approximately 9.44’ into the road right of way setback of County Road WC.  The request is associated with land described as part of the SW ¼ of the NW ¼ of Section 39, Township 09 North, Range 04 East, including tax parcel 032-1482-00000, Town of Spring Green, Sauk County, WI.

 

b.  Petition 09-2021. To hear and decide an appeal pursuant to s.7.149(2)(a) of the Sauk County Zoning Ordinance where it is alleged that there is an error in any interpretation, order, requirement, decision, or determination made by the zoning administrator or any administrative official in the enforcement, administration, or interpretation of this chapter or of Wis. Stat. § 59.69.  This appeal pertains to the interpretation of Sauk County Code s.7.014: Exclusive Agriculture Zoning District, s.7.026: Use Table Key, and s.7.052: Home Based Business, Secondary Standards, as these sections pertain to accessory uses and home occupations within the Exclusive Ag Zoning District.  The appeal is associated with land described as part of the SW ¼ of the NW ¼ of Section 05, Township 09 North, Range 06 East, including tax parcel 028-0116-00000, Town of Prairie du Sac, Sauk County, WI.

 

6.   Next meeting date – Thursday, September 30, 2021

7.   Adjournment

 

COPIES TO:

Board of Adjustment Members           Applicants          County Clerk    LRE Staff              Town Clerk/Chair           Web                    

 

DATE NOTICE MAILED:  Tuesday, August 17, 2021     PREPARED BY:  Land Resources & Environment Department
 

 

NOTE:  It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information; no action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this matter. 

 
Any person who has a qualifying disability that requires the meeting or materials at the meeting to be in an accessible location or format should contact Sauk County (608-355-3269 or TTY 608-355-3490) between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday, exclusive of legal holidays, and at least 48 hours in advance of the meeting so that reasonable arrangements can be made to accommodate each request.

PDF icon 8/26/2021 Meeting Minutes (76 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
Thursday, August 26, 2021 
                                                           

PRESENT:                  Linda White, Chair

                                    Brian Peper

                                    David Allen

                                    Jamie Phephles

                                    Robin Meier

           

ABSENT:  None.                    

                                     

OTHERS PRESENT:   L Wilson, B. Simmert, G. Templin, L. Digmann, M. Lohse, B. Desmond

 

At 9:05 a.m., Chair White called to order the session of the Sauk County Board of Adjustment. Staff certified that the legally required notices were posted for the scheduled public hearings.  Motion by Allen, second by Meier to accept the certification for the public hearings. Motion passed 5-0.

 

Motion by Meier, second by Allen to adopt the agenda.  Motion carried, 5-0.

 

Motion by White, second by Peper to adopt the minutes from the June 29, 2021 meeting.  Motion passed, 5-0.

 

Communications:  None.

 

Appeals:

Chair White introduced the members of the Board and explained the procedures for the day.

 

Petition 12-2021.  A petition to consider a variance request pursuant to s. 7.098(2) of the Sauk Count Zoning Ordinance, for approval of locating a structure approximately 9.44’ into the road right of way setback of County Road WC.  The request is associated with land described as part of the SW ¼ of the NW ¼ of Section 39, Township 09 North, Range 04 East, including tax parcel 032-1482-00000, Town of Spring Green, Sauk County, WI.

 

Templin appeared and provided the staff report and analysis of the request.

 

Shannon Porter, applicant appearing in favor gave a background of her business.  Meier ask Porter if the kiln would be replaced. Porter explained that the kiln may be reconstructed.

 

Ashley Pfannensteil, Artist for Wilson Creek Pottery appearing in favor, discussed the importance of the project.

 

Chair White ask if there was anyone who wished to speak.  White closed the public portion of the hearing and the Board went into deliberation at 9:18 a.m.

 

Motion by White, second by Phephles to approve the variance to locate a structure approximately 9.44’ within the road right-of-way setback of County Road WC based upon the Findings of Fact and Conclusion, subject to LRE staff conditions.  Moton carried 5-0.

 

Petition 09-2021. To hear and decide an appeal pursuant to s.7.149(2)(a) of the Sauk County Zoning Ordinance where it is alleged that there is an error in any interpretation, order, requirement, decision, or determination made by the zoning administrator or any administrative official in the enforcement, administration, or interpretation of this chapter or of Wis. Stat. § 59.69.  This appeal pertains to the interpretation of Sauk County Code s.7.014: Exclusive Agriculture Zoning District, s.7.026: Use Table Key, and s.7.052: Home Based Business, Secondary Standards, as these sections pertain to accessory uses and home occupations within the Exclusive Ag Zoning District.  The appeal is associated with land described as part of the SW ¼ of the NW ¼ of Section 05, Township 09 North, Range 06 East, including tax parcel 028-0116-00000, Town of Prairie du Sac, Sauk County, WI.

 

The LRE Department is being represented by Sauk County Corporation Counsel, Brian Desmond.  

Brian Desmond, representing the LRE Department provided a memorandum and attachments to the Boards of Adjustments.  Desmond presented the report and analysis of the request.  Board members questioned Desmond regarding his report.

 

Jared Walker Smith, Boardman and Clark LLP, representing the applicant presented Urban’s case.

Smith provided additional exhibits to the Board of Adjustment for his argument.  Board members questioned Smith regarding the information provided.   

 

George Urban, applicant, presented his testimony. 

 

Desmond provided rebuttal to Smith’s and Urban’s presentation and requested that Gina Templin, LRE staff, who worked with Urban be allowed to provide testimony.  Board members agreed.

 

Templin discussed the violation, town involvement, and ordinance requirements. 

 

Rick Manthe, Stafford and Rosenbaum, representing the Board of Adjustments connected via phone conference.  White requested guidance as what questions the Board was to be making findings for.  Manthe explained.

 

Tom Brennan, Monona State Bank, appeared to support of Urban.

 

Mike Stafford, Cory Oil, appeared to support of Urban. 

 

White asked if there was anyone wish to speak. Chair White closed the public portion of the hearing and the Board went into deliberation at 12:51 p.m.

 

Motion by White, second by Allen that the building is not being used as permitted through the original land use permit, but the use in question is classified as an agriculture related business which would permit the property owner to make application for a conditional use permit the through LRE Committee; and with the recommendation that should the conditional use permit be approved, a condition be placed upon the approval that the permit is non-transferrable.  Motion carried 4-1 with Meier voting no.

 

Next meeting date – Thursday, September 30, 2021

Motion by Peper to adjourn, second by Allen.  Motion passed, 5-0.  Meeting adjourned at 1:17p.m.

Respectfully submitted,

 

David Allen, Secretary

Sauk County West Square Building
505 Broadway
Baraboo, WI 53913
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