PRESENT: Bruce Duckworth, Chair, Robert Roloff, Halsey Sprecher, Richard Vogt, Ben Malin
STAFF PRESENT: Dave Lorenz, Mary White
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Chairman Duckworth called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M. The staff certified that the legally required notices had been provided for the scheduled public hearing. The certification of notice was accepted on a motion by Sprecher, seconded by Vogt. Motion carried 5-0.
The Board adopted the agenda for the June 26, 2003 session of the Board on a Motion by Vogt, seconded by Sprecher. Motion carried 5-0.
Motion by Roloff, seconded by Vogt to adopt the May minutes. Motion carried 5-0.
The Chair introduced the members of the Board, explained the procedures and the order of business for the day.
COMMUNICATIONS:
None to report.
APPEALS:
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
The Board reviewed the photos and Mr. Duckworth noted that the site was planted in corn. Mr. Roloff asked if the trees were planted as a screen. Mr. Lorenz stated he thought they were and they would remain untouched.
Mr. Duckworth questioned how deep they planned to go and Mr. Lorenz answered not more than 5 or 6 feet.
Mrs. Margaret Sprecher, property owner, then addressed the Board. She stated the exact size of the site was 6.21 acres. She explained that they will be leveling and replanting as they go and the sand would be hauled off site. It would not be stockpiled.
Mr. Malin asked how long this project would last. Mrs. Sprecher stated that it would be done within 5 years. They planned to farm around the site and continuously re-seed the area. Mr. Vogt asked if this was a recently created land feature, Mrs. Sprecher answered no. She also said the neighbors had no problem with the project. Mr. Duckworth wondered on how they would control access to the site. Mrs. Sprecher said they lived at the site.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the meeting at 9:20 A.M.
Motion by Roloff, seconded by Sprecher to approve the special exception permit, as requested by Gerald and Margaret Sprecher, to allow the location of a mineral extraction site with conditions as recommended by Planning and Zoning. Mr. Duckworth noted that the conditions do not require a bond. Mr. Lorenz stated that the ordinance covers the bond requirements.
Motion carried 5-0.
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Setbacks in exclusive agriculture districts were discussed.
Mr. Greg Klitzke appeared and briefly described reasons for splitting the farm and why certain lines were placed where they were. Mr. Duckworth asked about easement ownership. Mr. Klitzke explained that one was for his residence and the other was for his brother. Mr. Klitzke stated that it was approximately 23 feet from his residence to his parent's garage. Some of the existing structures would be removed.
Mr. Alvin Klitzke then appeared in favor. He stated that Greg would eventually like to buy the farm. but found that the farm could not be divided and maintain proper setbacks.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 9:45 A.M.
Mr. Duckworth stated that this was a unique property. He doesn't see any way to meet setbacks without tearing down buildings which would be an unnecessary hardship and still wouldn't solve the problem. He would vote in favor.
Mr. Roloff concurred with Mr. Duckworth. In addition the Town of Baraboo Planning Committee had approved the request on June 17, 2003.
Motion by Duckworth, seconded by Roloff to approve the variance request by Alvin and Victorien Klitzke with conditions as recommended by Planning and Zoning. Motion carried 5-0.
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Mr. Larry Lenerz, building contractor, appeared in favor. He had designed a house to fit on the lot.
Mr. Duckworth asked how far the existing house was off the paved road. Mr. Lenerz answered about 35 feet. Square footage of the structure was discussed and how much footage would be left if the proper setbacks were maintained.
Mr. Duckworth stated that this was a unique lot. Mr. Lenerz stated the problem was worse because the lot is on an inside curve.
The location of Gruber's Grove Road was discussed and the fact that it is not located properly. Mr. Malin asked if the road was in the right place, would the owners need a variance. The answer was "no" they would not.
Mr. Duckworth asked how far the structure was from the water. Mr. Lenerz responded approximately 55 feet.
Mr. Terry Maschman, owner, appeared in favor. He stated that they were not aware of the road location when they purchased the lot. He contacted the neighbors and they had no problem with the Maschman's proposal.
Mr. Roloff asked if Grubers Grove Road was a through road. Mr. Maschman stated that it was not and his property was about 100 feet from the end of the road.
Mr. Duckworth asked if they had tried to buy the lot to the south. Mr. Maschman said they owners were not interested in selling.
Mr. Lorenz appeared again to explain the averaging procedure for determining setbacks.
Mr. Duckworth called for anyone else that wished to speak. Mrs. Maschman had registered in favor, but did not wish to speak.
The public portion of the hearing was closed at 10:15 A.M.
Mr. Roloff stated that there were unique property limitations and the variance request was only regarding the road setbacks and if the road was where is was supposed to be this situation would not even exist.
Mr. Sprecher explained the old process that was used to designate road locations.
Mr. Roloff made a motion to authorize the construction of a new residence within the minimum setback of Grubers Grove Road with conditions as specified by Planning and Zoning. Mr. Roloff wanted permits obtained within 2 years. Motion seconded by Sprecher. Motion carried 5-0.
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Mr. Duckworth stated the Board was only to be concerned about rear yard setbacks.
Mr. Doug Dettmann, owner, appeared and stated that he needed to expand the living area of the residence. He stated he had owned the parcel for about 10 or 11 years.
Mr. Duckworth asked if Mr. Dettmann had contacted the town board. Mr. Dettmann responded that he thought he needed to get Board of Adjustment approval prior to contacting the town board. He had contacted his neighbors and they had no problems with the proposal.
Mr. Dettmann stated that he planned to remove the existing garage which was about 12 or 15 feet from the rear lot line.
Mr. Malin asked if the septic system was large enough for the addition. Mr. Dettmann responded that he was not adding any bedrooms.
The size of this lot compared to others on Terrytown Road was discussed. This is probably the smallest lot in the area.
Seeing that no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 10:45 A.M.
Property uniqueness was discussed.
Mr. Roloff stated that he thought the board had approved a similar situation for a residence that had been destroyed by fire about a year ago. Some lots were made unbuildable when the zoning was changed.
Mr. Roloff felt the purpose of the zoning change was not to create unbuildable lots. Mr. Duckworth stated that the structure was there before the zoning was changed.
Mr. Roloff asked if the owner had talked to his neighbor regarding possibly purchasing more property. Mr. Dettmann stated that this was not a viable alternative.
Mr. Sprecher asked again if Mr. Dettmann had contacted the town board.
Motion by Roloff, seconded by Malin to grant the variance with conditions as specified by Planning and Zoning and that the existing garage be removed prior to construction of the addition. Motion carried 5-0.
Board of Adjustment adjourned at 10:50 A.M.
Respectfully submitted: Halsey Sprecher, Secretary