Board of Adjustment

August 2022 BOA Minutes (82 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
Thursday, August 25, 2022 

PRESENT:                   David Allen
                                    Jennifer Evert
                                    Jamie Phephles
                                   James Boda

ABSENT:                     Robin Meier                                                                                          

OTHERS PRESENT:    L. Wilson, B. Simmert, L. Digmann, T. Hillmann, W. Christensen

At 9:00 a.m., Secretary Allen called to order the session of the Sauk County Board of Adjustment and introduced the members of the Board, explained the procedures and order of business for the day. Digmann certified that the legally required notices were posted for the scheduled public hearings.  Motion by Allen, second by Phephles to accept the certification for the public hearings. Motion passed 4-0

Motion by Phephles, second by Evert to adopt the amended agenda.  Motion carried, 4-0.

Motion by Phephles, second by Boda to adopt the minutes from the July 28, 2022, meeting.  Motion carried, 3-0. Evert abstains

Communications:  Evert stated that each of the members received a letter from Tom and Kathy Paperniak pertaining to SP 17-2022

APPEALS:

SP-15-2022. Granting of a special exception permit pursuant to s. 7.036(5)(h) to authorize the operation of a lodging house. This property is located on real estate described as: E12351 County Rd W, located in part of the NW ¼, NE ¼, Section 07, T11N, R07E, Town of Greenfield, Tax parcel 018-0193-20000, owned by Wild Rose Ranch LLC.
Hillmann appeared and provided the staff report and analysis of the request.

Phephles asked if the septic verification was completed or will be completed.  Hillmann stated it will be done as a condition.

Michelle Gillette, applicant appearing in favor of the request stated she complied with requests to date.  

Seeing as no one else wishes to speak, Allen closed the public portion of the hearing and went into deliberation at 9:16 a.m.

Motion by Phephles, second by Boda to approve a special exception permit pursuant to s. 7.036(5)(h) of the Sauk County Zoning Ordinance to authorize the operation of a lodging house based upon the findings of fact and conclusion of law, subject to LRE staff conditions.  Motion passed 4-0.

SP-16-2022. Granting of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S868 Christmas Mountain Road, located in part of the SE ¼, SE ¼, Section 11, T13N, R5E, Town of Dellona, Tax parcel 006-0955-00000, owned by Oleg Manole.  
Hillmann appeared and provided the staff report and analysis of the request.

Oleg Manole, applicant appearing in favor of the request, presented further information regarding the lodging house.

Preston Baus, appearing in favor of the request, stated he is a neighbor of the property and has no concerns with the lodging house.

Seeing as no one else wishes to speak, Allen closed this public portion of the hearing and went into deliberation at 9:36 a.m.

Motion by Evert, second by Phephles to approve a special exception permit pursuant to s. 7.036(5)(a) of the Sauk County Zoning Ordinance to authorize the operation of a lodging house based upon the findings of fact and conclusion of law, subject to LRE staff conditions.  Motion passed 4-0.

SP-17-2022. Granting of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S806 W Redstone Dr, Lot 29 Lake Redstone Goldfinch Addition, located in part of the NW ¼, SW ¼, Section 12, T13N, R3E, Town of La Valle, Tax parcel 024-1731-00000, owned by Janine R. Luz.
Christensen appeared and provided the staff report and analysis of the request.

Allen asked who monitors the holding tank to find out if it is adequate once rented.  Christensen explained.

Christensen handed out Exhibit G to be included as part of the public hearing.

Janine Luz, applicant, appearing in favor of the request stated her intent is to follow all recommendations.  Luz stated the violation was a misunderstanding on her part. Phephles asked if Luz had emergency contacts set.  Luz stated she does have emergency contacts available. Phephles asked what the max occupancy is. Luz stated she was comfortable with having 8 people.

Mary Clay, appearing in opposition, stated her concerns are the noise, parking, trash pick-up, lot lines, holding tank monitoring, and emergency issues.

Christine Schmidt, appearing in opposition, stated her property is next door. Schmidt stated her concerns who the renters are, age of the renters, who is responsible for the renters on the lake.  

Paul Higgins, appearing in opposition, stated the lake is overpopulated already and questioned who is going to enforce any rules and regulations.

Luz reappeared to address some of the concerns. 

Allen asked if the property lines are marked.  Luz stated they are marked.  Phephles asked is the dock is clearly marked so renters know what dock they have access to. Luz stated the dock is marked. Phephles asked if the neighbor that will be managing the property is here today.  Luz stated they were not.

Seeing as no one else wishes to speak, Allen closed the public portion of the hearing and went into deliberation at 10:13 a.m.

Motion by Boda to deny a special exception permit.  Hearing no second to the motion, Allen stated that the motion failed due to lack of a second.  

Motion by Phephles, second by Evert to approve a special exception permit pursuant to s. 7.036(5)(a) of the Sauk
County Zoning Ordinance to authorize the operation of a lodging house based upon the findings of fact and
conclusion of law, subject to LRE staff conditions.  Motion passed 3-1 with Boda in opposition.

SP-18-2022. Granting of a special exception permit pursuant to s. 7.036(5)(i) to authorize the operation of a lodging house. This property is located on real estate described as: E12075A Kessler Rd, located in part of the SE ¼, SE ¼, Section 01, T11N, R06E, Town of Baraboo, Tax parcel 002-0035-00000, owned by Cornelia Schmitz.
Hillmann appeared and provided the staff report and analysis of the request.

Cornelia Schmitz, applicant appearing in favor of the request.  Schmitz stated that she would like the occupancy to
stay at 6 until the flowage is figured out on the septic.  Schmitz handed out Exhibit F to the Board.

Randy Puttkamer, Baraboo Board Supervisor and Plan Commissioner, appearing in favor stated the Town does an
annual review and items will be reviewed.

Tod Fleming, appearing in opposition, stated his concerns are more of an agricultural concern.  Fleming stated he operates a rotational grazing system with beef cattle. Fleming stated he has bulls in his pasture. Fleming is concerned with property lines, that the renters or pets crossing those lines and getting in with the livestock could cause damage to the property and also putting themselves at liability.  

Richard Devine, appearing as interest may appear stated his concerns with having pets and the loudspeakers outside.

Seeing as no one else wishes to speak, Allen closed this public portion of the hearing and went into deliberation at 10:35 a.m. 

BOA members re-opened the public portion of the hearing at 10:36 a.m. to address the pet questions from Mr. Devine. 

Schmitz explained.

Seeing as no one else wishes to speak, Allen closed this public portion of the hearing and went into deliberation at 10:37 a.m.

Motion by Evert, second by Boda to approve a special exception permit pursuant to s. 7.036(5)(i) to authorize the operation of a lodging house based upon the findings of fact and conclusion of law, subject to LRE staff conditions and an additional condition to mark the boundaries of the property. Motion passed 4-0.

Next meeting date – Thursday, September 29, 2022

Motion by Phephles, seconded Evert to adjourn at 10:39 a.m.  Motion passed, 4-0.

Respectfully submitted,

David Allen Secretary