Board of Adjustment

PRESENT: Bruce Duckworth, Chair, Robert Roloff, Halsey Sprecher, Richard Vogt, Linda White

STAFF PRESENT: Gina Templin, Dave Lorenz, Lance Gurney

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 Roloff.
Motion carried 5-0.

The Board adopted the agenda for the September 25, 2003 session of the Board on a Motion by White, seconded by Sprecher.
Motion carried 5-0.

Motion by Roloff, seconded by Vogt to adopt the August, 2003 minutes.
Motion carried 5-0.

COMMUNICATIONS:

Roloff spoke of a telephone call regarding the saw mill application and advised him to attend the meeting to address his concerns to the full board.

APPEALS:

A. SWS, LLC, Jeff Schluter, Agent, (SP-32-03), requesting a special exception permit pursuant to s.8.07(2)(a) and 8.08(3)(a) to authorize filling and grading within 300 feet of a navigable water and the clearing in excess of 25% of the shoreline as part of a new subdivision development and the granting of a variance pursuant to s.8.06(2)(d)3 to allow for the construction of boathouses on existing slopes of more than 20%.

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. He then presented the board with Exhibit III,3 a letter in opposition.

Duckworth asked when the pictures and video was taken. Lorenz stated about 2 weeks ago.

Duckworth asked if a red tag was issues on the property and to explain Exhibit III,1. Lorenz explained which red tags were issued and why and reviewed the Exhibit with the board.

Mr. Lance Gurney, Director Planning & Zoning, appearing as interest may appear, explained the PUD process on this development and what it entails versus a regular condo plat. He also spoke of the waiver of the setbacks for the boathouses on that development to protect the shoreline. He then clarified what was approved by the PZLR committee and what the board should address today. Lots 1,2, 15 and outlot 2 had filling and grading performed on them outside of the scope of the project as discussed. In regards to tree cutting, Lots 1,2,3,10,11,12,15 and outlot 1, most was underbrush removal, however lots 15 and outlot 1 had tree removal over and above underbrush removal.

Duckworth asked when the committee granted the waiver for the side lot, did they grant a waiver for the size of the boathouse? Gurney stated that each units boathouse can not exceed the maximum limit of 640 sq ft per structure. Duckworth asked if this is being looked at as a condo project not per lot, separate lots. Gurney explained the condo procedures and PUD procedures.

Roloff asked Gurney to review the lots in which the grading went beyond the scope of the project as it was presented to PZLR committee. Gurney stated on lots 1,2,15, and outlot 2.

Vogt asked if the Planning & Zoning office reviewed the plans for the roads and stormwater system. Gurney stated they did as well as having the assistance of the Engineer from the Land Conservation Department.

Mr. Jeff Schluter, Agent, appearing in favor of the request, stated that it is a condo project, but the people that purchase the lots will own them. The grading that occurred, specifically on those lots, there was brush removal on outlot 1 and lot 1, on lot 15 there was excavating done and trees removed there, but the rest of the trees on those lots, were largely just underbrush.

Duckworth asked if he could give them the plans that the county asked for so the board could address that first. Schluter stated he did not have a specific plan to cut, but asked to cut some of the trees on outlot 1 and his understanding of that was asking to cut more than 25% to cut on those specific lots, but does not have a plan to do that.

Duckworth asked about the filling and grading. Schluter stated that there is more grading on lot 15, and there may have been fill into outlot 2 in conjunction with that, but they excavated down on Lot 15, but within the 300 feet. Duckworth asked for the plans. Schluter stated he has plans being developed, but can not present them to the board.

Duckworth asked what was given to the construction people for plans. Schluter stated the filling and grading were just inside the plat.

Duckworth asked about the boathouses. Schluter stated they are limited to 10 boathouses on the shoreline and they will be similar to a duplex situation, as they are on the lot line so 2 lots can share 1 boathouse. They will be constructed with concrete and a deck on top of the boathouse.

Duckworth asked about the size. Schluter stated about 30x30, two boathouses together. Duckworth verified that they are planning to build a 900 sqft boathouse.

Duckworth asked why the property is unique. Schluter stated it is unique because of the boathouse situation and slopes. When the property was purchase the idea was to maintain all the trees they could, except for what had to be removed for homes. The total property is a slope.

Duckworth asked if this property is sloped more than other properties in the area. Schluter stated that was correct.

Duckworth asked about unnecessary hardship. Schluter stated that the boathouses could only occur if there were the possibility of digging into the banks and trying to create a fairly high-end community.

Duckworth asked about protection of public interest. Schluter stated that it would be a much cleaner look from the lakeside and the restrictions and covenants require to keep the shoreline very clean.

White asked how many other boathouses are within the area. Schluter stated close to the property there is one, as far as the rest of the lake, he doesn't know.

Roloff asked about the special exception permit for grading and tree removal and why it was done prior to the special exception permit. Schluter stated that he wasn't involved with that so he can't answer it, but feels it was a determination of what was brush and what was trees.

Roloff asked about the grading. Schluter stated what looks like grading was actually clean-up. He also explained what happened on Lot 15.

Roloff asked who makes the decisions to grade and remove trees and if projects are not typically stated without proper permits. Schluter explained.

Vogt asked if this was developed as a plat to begin with and what was the chronology of how the process took place. Schluter stated it was a single purchase with the intent to develop it and the plan was brought to the county to get to the plat, which was approved by the County. The plat had clearing and grading issues as far as the roads and such. Vogt clarified that the filling and grading was not addressed on the plat at all. Schluter stated that was correct.

White asked if he has experience on other projects that addressed the need for special exception permit, etc. Schluter stated he has not.

Mr. Steve Wynand, appearing in opposition, presented copies of the letter that Mr. Lorenz presented to the board. He read and reviewed that letter.

Mr. Lawence Heft, appearing in opposition, stated he agrees with Mr. Wynand, but also spoke of the fact that only in Sauk County can you build without approvals or adequate building, grading and driveway permits and can't believe that he didn't realize he didn't need the permits, simply based on state law.

Mr. Richard Grant, Town Chair of Merrimac, appearing as interest may appear, stated that he would answer any questions the board has and the process that allows for this development began about 2 years ago and gave history on the applicant going through the PAD process for the Town. He stated the allowance of the boathouse would be the dimension necessary to fit two watercrafts, but did not address it in regards to square footage. He also stated that the vegetation on that property was what you could classify as undesirable vegetation and at least 50% of lake owners have boathouses. He concluded by talking about viewing the area in reference to stormwater run-off and found failures on the stormwater control devices and explained those failures.

Duckworth asked about discussions with the owners and grading near the water needed a county permit. Grant stated that with all construction that takes place in the Town, they make every effort to bring to their attention that it is possible that their activities would require review from the County Planning & Zoning office. Duckworth asked about the 35 foot rule. Grant stated that information is left up to Sauk County.

Vogt spoke about Exhibit III,1 and questions referring to the existing Bay Road. Mr. Grant explained.

White asked about the length of the road towards Highway. Grant stated approximately ¼ mile from Highway 78 to the property line to begin this subdivision. White asked if the town would be upgrading the rest of the road. Grant explained.

Roloff asked about the grading that took place outside of the road grading, was that coincidental to the removal of wells, desk, etc. Grant stated that he has noticed that in many instances on these lots, and removal of the structure material, you would definitely disturb greater than the 30% or what is allowed.

Mr. Lance Gurney, reappearing, readdressed the plat process with the development. He also went back to the filling and grading of lot 1,2, 15 and outlot 2, had nothing to do with removing of structures on those lots. He also mentioned that there was a stop work order issued on the lot where the house was built, with a fine issued, and spoke of the fill that was on the lot and his disappointment with not getting plans, which were expected by the Planning & Zoning office as well as the Board. He further reviewed the filling and grading and tree cutting. He then spoke of the approval of the plat and what was suppose to be undisturbed areas per the plat, which was to be lot 7 all the way through lot 30. He then read statements made in the development application when the county reviewed the plat in reference to tree removal and filling and grading. He also addressed the boathouse issue and that the plan does show that the boathouse is 30x30 sharing a common wall.

Roloff asked if there was a waiver to approve the building of the boathouses to build in slopes of excess of 20%. Gurney stated they can not provide a waiver for the Board of Adjustment.

Mr. Steve Wynand, reappearing in opposition, asked what the applicant is asking permission for on which lots. Duckworth stated Mr. Schluter has not presented plans for any tree removal or filling and grading, so the board can not answer that question. Wynand asked about the grading for just one lot or the entire shoreline. He concluded by stating that the erosion control measures have not prevented sediment going into the lake and how is he going to protect the lake to fill and grade for the boathouses. Duckworth stated there are no plans submitted referring to those questions.

Seeing as no one else wishes to speak, Chair Duckworth closed the public portion of the meeting at 10:25 a.m.

Duckworth reviewed the request and the ordinance and asked that the request be handled separately and not jointly.

Special Exception Permit for Tree Cutting: Motion by Duckworth, seconded by White, to deny the request based on the applicant not providing the board with plans for tree cutting or shrubbery removal or following the requirements set by the ordinance for such request. Duckworth also request the applicant to provide the board with a cutting plan and all work to cease until this plan has been presented to the board.
Motion carried 5-0.

Special Exception Permit for Filling and Grading: Roloff asked if the previous motion included the work of filling and grading be ceased as well until the plan is provided. Duckworth explained his motion. The board discussed the filling and grading request and the lack of plans for restoration of what work has already been done. Duckworth feels the request is for what work has already been done for Lots 1,2, 15 and outlot 2. Vogt asked if the board feels the work that has been done there is satisfactory.

Motion by White, seconded by Vogt, to deny the filling and grading request based on no plans being submitted to the board.
Motion carried 5-0.

Variance request to build the boathouses on slopes of 20% or greater: Duckworth feels the testimony provided did not meet the criteria of the variance. Motion by Duckworth, seconded by Roloff, to deny the request because they do not meet the variance requirements. The board discussed further the variance requirements set by state law.
Motion carried 5-0.

The board recessed until 10:45.

B. Sauk County Parks (SP-33-03), requesting a special exception permit, pursuant to s.8.08(3)(a)3, to authorize the filling and grading of more than 4,000 square feet on slopes of less than 12%. This project includes the construction of a beach at White Mound Park.

Dave Lorenz, Environmental and Zoning Specialist, gave the history and background of the request and 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. Joe VanBerkel, Sauk County Land Conservation Department, applicant, stated they will relocate the beach because of the wind length going to the east from the existing beach and getting sediment deposition on the beach from the winds. He then gave a background of the lake and the park. He spoke of the material of the beach, the plants, the riprap which will be eliminated, etc.

Duckworth asked if the beach is within a wetland area. VanBerkel stated there are cattails on the one edge of the beach, but it is not a documented or named wetland.

Duckworth asked about the size. VanBerkel stated it was 8-10,000 sq.ft.

Duckworth asked what will be done with the material to grade off. VanBerkel said it would probably be used as cover on the existing beach, but haven't decided on specifics.

Duckworth asked if they hold a permit from the DNR to do the underwater work. VanBerkel stated it has been applied for, but not received yet at this time.

Seeing as no one wished to appear, Chair Duckworth closed the public portion of the hearing at 10:50 a.m.

Duckworth reviewed the request and the ordinance.

Vogt stated he is familiar with the White Mound Beach and stated it is in need of great repair or relocation. Motion by Roloff, seconded by Sprecher to grant the special exception permit with the conditions listed by Planning and Zoning. Motion carried 5-0.

Linda White has left the board for the next application because of personal interests.

C. Linda and Gerald White (SP-34-03), requesting a special exception permit pursuant to s.7.05B(2)(b)4 to authorize a third residence on a farm for an employee of the farm.

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.

Duckworth asked when the shed was built. Lorenz explained that as an operating farm, a permit would not be required for an ag building. Duckworth also asked about the Town Board. Lorenz stated he has not heard anything from the Town.

Duckworth asked if the applicants have a permit to change the structure into a 3rd home. Lorenz stated they have made application, however a permit can not be granted until after the hearing today.

Ms. Linda White, applicant, appearing in favor of the request, stated that she is doing this as a citizen and not a board member. She then reviewed the history of the request and the layout of the storage shed, as well as the long term use of the building, and construction of the shed to utilize as a home and then back to a storage shed.

Roloff asked if the building is occupied. Ms. White stated it is temporarily occupied, however there is no running water or amenities of home.

Duckworth reviewed the testimony. Ms. White verified her testimony and explained in further detail.

Duckworth asked about the Town Board meeting. Ms. White stated it was the second Monday of September and the minutes support the 3rd residence request.

Vogt asked about the septic system. Ms. White stated the trailer uses a privy.

Duckworth asked how many acres are owned. Ms. White stated 500+ acres and the location of the shed is within a 20 acre parcel. She also reinstated that as soon as the people move out the building will be returned to a storage shed.

Sprecher asked about a drain in the floor. Ms. White stated that the drain is underneath the floor that the Amish put in over the cement floor and spoke of no requirements for a drain in a farm building. She also stated she is surprise to see the letter from the adjacent land owner with questions.

Seeing as no one wished to speak, Chair Duckworth closed the public portion of the meeting at 11:10 a.m.

Duckworth reviewed the ordinance and request.

Duckworth stated he felt he would be more comfortable if they had the minutes from the town meeting.

Motion by Roloff, seconded by Sprecher, to approve the request with the conditions listed by Planning & Zoning. Sprecher stated he has reservations based on the fact that someone is living within the structure already.
Motion carried 3-1, with Duckworth in opposition.

Vogt asked by granting this permit, will that authorize them to make improvements that when the Amish family leaves and they decide they want to put in water, etc., can they do that? Duckworth stated that this is a permit for a 3rd residence, which goes on forever.

Linda White returned to the board for the remaining petition requests.

D. Walter Moeller, Gary Barbknecht, Agent (SP-35-03) requesting a special exception permit pursuant to s.8.08(3)(a)1 to authorize filling and grading on slopes greater than 20% within 300 feet of a navigable water as part of the construction of a single family residence.

Mr. Gary Barbknecht, agent for the applicant, appearing in favor of the request, explained where the filling and grading would take place. He also spoke of the intent to keep equipment off of the area after it is finished. The material will be hauled away and bring in clean sand.

Duckworth asked about Exhibit II,4 and the benchmarks. Mr. Barbknecht explained. Duckworth asked about the retaining wall on the property line. Mr. Barbknecht stated that is where the septic will sit and will build a wall around it and use the same material to fill. Duckworth asked how tall the wall will be and how close to the property line it will be. Mr. Barbknecht stated it will be 5 feet tall and 5 feet away from the property line and will be built out of natural stone.

Duckworth stated that they normally require that you don't divert onto the neighboring property. Mr. Barbknecht stated they can do that.

Duckworth asked if he has had experience building on slopes this steep. Mr. Barbknecht stated he has.

Mr. Walter Moeller, applicant, appearing in favor of the request, stated that the rock walls will be made out of the stone that they will dig out from the property and he took all the little trees out of where the driveway is, but has replanted them and will try to keep the project as natural looking as possible.

Seeing as no one wished to appear, Chair Duckworth closed this portion of the meeting at 11:30 a.m.

Motion by Duckworth, seconded by Vogt, to approve the request with the conditions listed by Planning and Zoning and the added condition that water will not be diverted to the neighboring property.

E. Craig Hamilton and Richard Sander (SP-36-03) requesting a special exception permit pursuant to s.8.08(3)(a)1 to authorize the filling and grading on slopes in excess of 20% within 300 feet of a navigable water in order to reshape and repair a shoreline and construction a driveway to an existing residence.

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. The board reviewed the photos in further detail. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.

Lorenz asked if the Sanders house was located within 75 feet of the water. Lorenz stated that was correct.

Duckworth asked about a french drain. Lorenz explained what one was and any regulations with one.

Mr. Craig Hamilton, co-applicant, appearing in favor of the request, provided Exhibit VII,1, a detailed map of the project. He continued to explain the project of filling and grading an area of 35 feet wide and 20 feet deep, materials to be used and removed, water drainage, etc.

Mr. Richard Sander, co-applicant, appearing in favor of the request, stated that the filling and grading is necessary in order to get down and do the riprap shoreline and a french drain was recommended by the contractor and accept drainage per Steve Sorenson in Planning & Zoning.

Duckworth asked if all work is further away from the water than what the house is. Mr. Sander stated that was correct.

Duckworth asked where the filling and grading will be done, referring to Exhibit II,13. Mr. Sander stated they will fill and grade toward the road, not on the other side of the house, nor near the water, with the existing timbers to be replaced with natural stone.

Duckworth asked about the other adjacent owner and water runoff. Mr. Sander stated the water runoff to the neighbors is the reason for the french drain.

Vogt asked about Picture #3 and if those were the landscape timbers to be replaced. Mr. Sander stated that was correct.

Mr. Richard Grant, Town Chair of Merrimac, appearing in favor, stated that the Town is in support of the portion of the application that allows for the filling and grading.

Mr. Craig Hamilton, reappearing, stated that there are a number of other drives in the neighborhood that are similar and this drive would not be unique in that sense.

Mr. Ron Behn, appearing as interest may appear, spoke of the parking areas on the adjacent property and if they run over the rock walls that are there that they repair them and don't weaken the areas that exist. He also spoke of water runoff.

Vogt verified the parking areas and retaining walls that Mr. Behn spoke of.

Seeing as not one wished to appear, Chair Duckworth closed this portion of the meeting at 11:57 a.m.

Duckworth reviewed the ordinance and request.

Motion by Roloff, seconded by Sprecher, to approve both special exception requests (Hamilton & Sander), with the conditions listed by Planning & Zoning, and add the condition that water runoff will not be increased onto the neighboring property as a result of these projects.
Motion carried 5-0 on Hamilton, and Motion carried 5-0 on Sanders.

The Board recessed until 12:05.

F. Troy Zietlow (SP-37-03) requesting a special exception permit pursuant to s.7.10A(2)(b)7 to authorize a sawmill to be located on the same premises for more than 10 days.

Mr. Troy Zietlow, applicant, appearing in favor of the request, stated he feels there is confusion in regard to the photos and the log storage near Ableman Road, that isn't part of his property and they are not his logs. He then referred to Exhibit II,4 showing his log storage and operation. He stated that this is a portable mill and the majority of his cutting is not on his property.

Duckworth asked if it is a gas/diesel powered mill. Mr. Zietlow stated that was correct.

Duckworth asked how long he has operated the saw out of this area. Mr. Zietlow stated since 1999.

Duckworth asked how this would negatively impact the neighbors. Mr. Zietlow stated he does not feel it will impact the neighbors.

Roloff asked if he is here because of a complaint. Mr. Zietlow stated that is correct, however no one has ever made him aware of the complaint.

Duckworth asked about the waste after the cutting is done. Mr. Zietlow explained that the slabs are used for wood burners and the sawdust is used for bedding of farm animals.

Duckworth asked what the percentage of the month he uses the sawmill at home. Mr. Zietlow stated about 20%.

Duckworth asked about truck traffic. Mr. Zietlow stated that he does not have semi trailers coming in and what is sawed at home is what neighbors bring in to have cut.

Duckworth asked if he has talked to the Town Board. Mr. Zietlow stated he talked to Bob Cassity, but he is not aware of the Town Board having a meeting and voting on it.

Sprecher asked about the storage shed. Mr. Zietlow stated the majority of the lumber is his and is sold.

Vogt asked about future plan for expansion. Mr. Zietlow stated he just plans on carrying on as he has an no plans for expansion.

White asked if he has employees. Mr. Zietlow stated that he has no employees.

Seeing as no one wished to appear, Chair Duckworth closed this portion of the meeting at 12:20 p.m.

Motion by Sprecher, seconded by Roloff, to approve the request with the conditions listed by Planning & Zoning.

Vogt asked about expansion plans, restrictions, etc. The Board discussed applying limits and/or restrictions to the special exception permit.

White asked if the permit was for Mr. Zietlow or if it went with the property.

Sprecher would add that the permit be for Mr. Zietlow and sale of the property would require the new owner to reapply. Roloff agrees.

Motion carried 5-0.

Duckworth stated the board has a written request from the Director of Planning & Zoning in regards to SP-32-03. The Board reviewed the request and discussed.

Duckworth stated his intentions were to place the entire project placed on hold until the proper plans were submitted by the applicant, but did not intend for the current home being built to be placed on hold.

White stated it was her understanding of the motion as well, as she voted on it.

Sprecher asked about the lots that may not be affected by the 35 foot rule for clearing on the shoreline.

Vogt stated that the board needed to see a plan, which they didn't have for what was being proposed.

The board discussed the difference if the lots were owned by separate land owners versus one project, as submitted during the hearing.

Gurney stated that this subdivision was recorded, so the lots legally exists as separate entities and spoke of issues with identifying lots because of the Treasurer's Office. He also spoke of what it was meant in regards to tree cutting. The issue at hand is that he did remove excess trees on the 9+/- lots.

Duckworth stated that he believes that the motion was that the tree cutting and filling and grading on any of the lots until he develops a plan and gives it to the board.

Roloff agrees that that is what the motion said and what he voted on, that it only pertained to the lots within the 300 / 35 foot rule.

Sprecher stated that is the way he understood the motion and how he voted on it.

Vogt stated that he understood it that way and was hung up on the fact that there were no plans and the applicants went ahead without going through the process and without a plan of restoration or landscaping plan for compliance, is why he voted to deny the application.

Gurney asked if a lot owner came in and applied for filling and grading for a particular lot, could they get a permit for that without waiting for Schluter to provide the plan to the Board.

White stated she would hope that Schluter would look at it and have the property owners supply their own plan. She does not like the blanket idea or the fact that the applicant stated he didn't know he needed to do this.

Duckworth stated that the consensus of the board is that he can't fill & grade or tree cut on any of the lots within the 300 foot water rule. He is the owner. If there is a new owner, that owner can apply for the filling and grading.

Vogt stated that anything that Schluter owns, there will be no filling, grading or tree cutting until the board sees a plan, however once he does not own it, the new owners will have to apply.

The board then discussed the shrubbery issue as well. Anyone outside of the 300 foot rule, are not under the jurisdiction of the board.

Duckworth stated that Planning & Zoning needs to tell the applicant that they can not fill and grade on property within 300 feet of the water and no tree cutting or removal within 35 feet.

The Board adjourned at 12:50 p.m.

Respectfully submitted: Halsey Sprecher, Secretary