PRESENT: Bruce Duckworth, Chair, Robert Roloff, Halsey Sprecher, Richard Vogt, Linda White
STAFF PRESENT: Dave Lorenz, Matt Bremer, 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 Chair introduced the members of the Board, explained the procedures and the order of business for the day. 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 Vogt, seconded by Sprecher.
Motion carried 5-0.
The Board adopted the agenda for the August 28, 2003 session of the Board on a Motion by Vogt, seconded by Sprecher.
Motion carried 5-0.
Motion by Vogt, seconded by Sprecher to adopt the July 24, 2003 minutes.
Motion carried 5-0.
COMMUNICATIONS: None to report.
APPEALS:
Ardell Schmidt, (SP-28-03). The applicant is requesting a special exception permit, pursuant to s.7.02(2)(n)1, to authorize the continued operation of a lodging house. The property is located in the Single Family Residential District, on the following real estate described as: S847A Christmas Mountain Rd., lot 92 of the First Addition to Christmas Mountain, part of the SE ¼, SE ¼, section 11, T13N, R5E, Town of Dellona, tax parcel 006-0978.
Mr. Matt Bremer, 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. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Chair Duckworth asked if they were meeting those conditions now. Mr. Bremer stated that they were to the best of his knowledge. Mr. Duckworth also asked if the Planning and Zoning Office had received any complaints on this lodging house within the last five years and Mr. Bremer responded there were none that he was aware of.
Mr. Ardell Schmidt, owner, appeared in favor. He stated that they had started renting the house in 1996 and Sand County handles the rental. He also stated that they had not received any complaints from the neighbors, property owners association or town board. He said the rental is used approximately 80 to 90 days a year.
Mr. Vogt asked about the length of stay and where the owner lived. Mr. Schmidt responded that it is usually rented on a weekly basis, with a 2 night minimum. There were 3 bedrooms and they preferred to rent to families. The owners live approximately 2 hours away.
Mr. Duane Brooks, Dellona Town Board Chairman, appeared in opposition. He stated that town policy was not to approve these rental units primarily because of clientele. Also, the town board was not aware of a special exception permit being granted to the Schmidts five years ago. Mr. Duckworth stated that he did remember this specific petition.
Ms. White asked how many people have approached the town board for rental permits in the last five years. Mr. Brooks responded four or five and they have been denied.
Mr. Roloff asked if this was an ordinance and Mr. Brooks said it was town policy. Mr. Roloff said that the town could still deny the request even though the county approved it.
Ms. Robin Goodman then appeared as interest may appear. Ms. Goodman had general questions regarding rental properties and was referred to the Planning and Zoning Office.
Ms. Julie Schmidt then appeared in favor. She stated that they had two permits. The first was for two years and the second was for five years. She said this was the first time they knew they had to get permits from the town.
Seeing no one else wished to speak the Chairman closed the public portion of the hearing at 9:20 A.M.
Mr. Roloff stated that this is an allowed use as far as the county ordinance is concerned and we have granted others in the county so this is not an unprecedented request. Mr. Sprecher said it was quite likely that this use was approved prior to the town taking a stand on rental units.
The Board asked Mr. Brooks when the town policy was put in place. A Board member who was in attendance stated it was 2000 or 2001. Mr. Vogt stated that he understood there were condos and other multi-family uses in this area. Mr. Brooks said these were time share units and are within the subdivision.
Ms. White asked if the town policy requires a permit from the town or just approval. Mr. Brooks said approval was needed.
Ms. White questioned the order to be followed, is it the town first and then the BOA? Mr. Duckworth stated that the owner could go to the Board before they get town approval, but the Board tries to support the town board's decision. Mr. Roloff said the Board tries to support the town, but not enforce their policies.
Mr. Schmidt appeared again and stated they have been renting this unit since 1994. Mr. Vogt asked if there was another property in the same area that was rented out by someone else. Mr. Schmidt responded that there was. Ms. White asked if there were any single family residences in the area. Mr. Schmidt stated yes and that the Board had received letters of approval from them.
Discussion followed regarding how the town could enforce their requirements after the County had approved it. Mr. Duckworth said that the Board should only be concerned about County issues.
Motion by Sprecher, seconded by Vogt to approve the special exception permit to authorize continued operation of a lodging house.
Motion carried 5-0.
The next hearing started at approximately 9:40 A.M. and concerned:
Lake Virginia Management District, Mary Clay Agent, (SP-29-03). The applicant is requesting a special exception permit, pursuant to s. 8.08(3)(a)1, to authorize filling and grading on slopes of more than twenty percent within 300 feet of a navigable waterway, as part of the rehabilitation of the Lake Virginia Dam. This property is located in the Shoreland District on the following real estate described as: part of the SW¼, SW ¼, section 8, T12N, R5E, Town of Excelsior, tax parcel 010-0488.
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the 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. Joe Dorava, a professional engineer representing the Lake Virginia Planning District, appeared in favor and explained the project. He stated that the lake will be completely drained. Excess spoil material would be taken off site.
Mr. Duckworth asked if they were planning to do anything with the bottom of the lake. Mr. Dorava responded that they would wait until the lake was drained to decide if any dredging was called for and if necessary come back for permits for that project.
Mr. Roloff asked when they planned to start the project. Mr. Dorava said they were waiting for DNR permits and he estimated it would take 10 to 15 days to drain the lake. Revegetation would be completed next summer.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 9: 50 A.M..
Motion by Sprecher to approve the request with the conditions as set by the Planning and Zoning staff recommendations except for changing the completion time from one year to two years. Mr. Vogt requested that the statement "no trees, bushes or shrubs to be planted on the dam" be added to the conditions. Ms. White asked about the date of dredging. This approval does not cover dredging if needed. Motion amended by Sprecher to approve the request with conditions as listed by Planning and Zoning with completion time changed to two years and that no shrubs, trees or bushes be planted on the dam. Motion seconded by White.
Motion carried 5-0.
The next public hearing was started at 9:55 A.M. concerning:
Joan & Howard Lenerz, (SP-30-03). The applicant is requesting a variance and a special exception permit pursuant to s. 8.06(d)3 and 8.08(3)(a)1 to authorize the construction of a boathouse on slopes in excess of 20% and for filling and grading on slopes of more than 20% within 300 feet of a navigable water as part of a proposed new single family residence. This property is located in the Shoreland District, on real estate described as: lot 3 Zander Farm, part of the NW ¼, NE ¼, section 25, T10N, R6E, Town of Prairie du Sac, tax parcel 028-0965.
Mr. Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. The Board viewed a 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 that this request is also covered by 8.08(3)(d) which includes the area between 300 and 1000 feet land ward of the ordinance high water mark of a lake, pond or flowage.
Mr. Larry Lenerz , agent for the owners, appeared in favor. He further explained the request.
The Board reviewed the topographic survey of the lot. Mr.. Duckworth questioned where the fill for this project was coming from. Mr. Lenerz responded that it would be taken from the basement excavation and also there was a nob in the driveway that would be removed.
Mr. Duckworth asked about water run off on the edge of the driveway. Mr. Lenerz said the roadway would be lowered and this should lower the amount of run off.
Mr. Duckwork stated that it looked like water was being diverted onto the neighbor's property. He also asked about the retaining walls and Mr. Lenerz explained that boulders would be used. He stated that there was no erosion on the lot at this time because it was heavily vegetated.
Mr. Vogt was concerned about the drainage and Mr. Lenerz stated they could put in a catch basin if necessary, but he did not feel there was a lot of water moving in any direction.
Mr. Duckworth then asked about the boathouse and exactly what the hardship was. Mr. Lenerz said the slope was too great and they needed the boathouse to protect the boats from weather damage.
Mr. Duckworth asked about the other lots in the area. Mr. Lenerz responded that they were the same. Therefore, this situation was not unique to this lot.
Mr. Howard Lenerz, owner, appeared. The shoreline where the boathouse will go is about 20% slope and they were very concerned about erosion.
Seeing that no one else wished to speak, Mr. Duckworth closed the public portion of the hearing at 10:25 A.M.
Mr. Vogt again expressed his concern about drainage onto the adjacent lots. Mr. Roloff asked if the drainage problems could be alleviated by having a professional engineer and landscape architect design the plans. Mr. Duckworth did not think this was necessary.
Mr. Duckworth suggested modifying the plans and having the Planning and Zoning Department review them.
Motion by Vogt to approve the special exception for the house with the condition that a new drainage pattern be designed so that the storm water remains on the owner's property and that these new plans be approved by Planning and Zoning. Seconded by Sprecher.
Motion carried 5-0.
The Board then briefly discussed the variance request for the boathouse. Mr. Duckworth did not feel this was a hardship situation.
Motion by Roloff, seconded by White to deny the variance due to the fact that no hardship was shown.
Motion carried 5-0.
The next hearing regarding a request of Jerome Harms started at approximately 10:40 A.M.
Jerome Harms, (SP-31-03). The applicant is requesting a special exception permit pursuant to s.7.05(2)(k)13 to authorize the construction of three ponds within 300 feet of a road or property line as part of a wetland restoration project. This property is located in the Agricultural District on the following real estate described as: part of the SW ¼, NW ¼, section 21, T13N, R5E, Town of Dellona, tax parcels 006-0425 & 0430.
Mr. Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the video of the site. Mr. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Mr. Jerome Harms, property owner, appeared in favor. He explained that he bought the property with the idea of restoring it back into a Wisconsin wetland prairie.
Mr. Duckworth asked if Mr. Harms had contacted the town board. Mr. Harms stated that he had not.
Mr. Carlton Peterson, representing the Sauk County Land Conservation Department, appeared next. Mr. Peterson had designed the scrapes being proposed and explained the details of the proposal. He stated that the spoil to be removed would be spread on a uplands site.
Mr. Sprecher and Ms. White expressed concern regarding water run off from this area. A creek running through the area as well as a stand of pines was noted.
Mr. Duane Brooks, Town of Dellona Chair, appeared as interest may appear. He stated he was concerned with the placement of the scrapes. Mr. Brooks said that scrape A was 150 feet from the town road, the 300 foot rule was put in place for a reason. His concern was whether the town can be assured that the pond will not effect the base of the road by causing a higher water table.
He also wanted approval of scrape C, in writing, from the adjoining property owner.
Another concern was having the 3 ponds so close to the road with no one living there. This could be a dangerous attraction for children. Mr. Brooks also asked what kind of plantings the owner was planning on using. Were they a kind that could be considered invasive. He also questioned the flow of water through an existing drainage ditch. He said the Town was not in total opposition to this project, they just wanted answers to their questions first. Mr. Duckworth asked if the Town had an ordinance regulating ditching and plantings. Mr. Brooks stated they did not.
Mr. Roloff asked if the town was requested the Board to postpone its decision.
Mr. Carlson appeared again to answer some of the Board's questions. He stated that the scrapes are dug below water level and will not increase it. There is a ditch that drains to the south and will not effect the town road. Only native prairie species of plants that were indigenous to the area will be planted.
The time line was briefly discussed. Mr. Peterson stated it would be done in winter with planting in the spring. Mr. Duckwork asked how many scrapes Mr. Peterson had designed. He stated this was the first, but he had supervision with the process.
Ms. White asked what assurances the Town wanted. Mr. Brooks stated he would like to see scrape A moved further away from the town road.
Seeing no one else wished to speak the public portion of the hearing was closed at 11:15 A.M.
Mr. Roloff stated he would like to see the project granted with the conditions as suggested by the Planning and Zoning Office and the whole project approved by the Town of Dellona.
Ms. White asked if only ponds B and C could be approved without pond A.
Mr. Roloff stated that the Board normally supports town boards and would like to see that continue. Vogt said with the drainage and placement of spoil it should drain away from the town road.
Mr. Vogt didn't think this needs to come back to the Board. They should approve it or approve with town board approval. Mr. Roloff asked if it was tabled would the owner have to pay for another public hearing, the answer was no.
Motion by White, seconded by Roloff to approve the project with approval of the town board and with conditions as specified by the Planning and Zoning Department.
The motion was called 2-3, with Vogt, Sprecher and Duckworth in opposition. Motion was lost.
Motion by Vogt, seconded by Sprecher to approve the special exception request with conditions as specified by the Planning and Zoning Department.
The motion was called 4-1, with Roloff in opposition. Motion carried.
The Board adjourned at 11:25 A.M.
Respectfully submitted: Halsey Sprecher, Secretary