DATE: February 26, 2004 Session of the Board
PRESENT: Halsey Sprecher, Acting Chair, Richard Vogt, Linda White,Ben Malin, Alternate, Dave Wernecke, Alternate
STAFF PRESENT: Gina Templin,Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Sprecher called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M. He 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 White, seconded by Vogt . Motion carried 5-0.
The Board adopted the agenda for the February 26, 2004 session of the Board on a Motion by Vogt, seconded by Malin. Motion carried 5-0.
Motion by Vogt, seconded by White to adopt the December 18, 2003 minutes. Motion carried 5-0.
COMMUNICATIONS:
Phone call from Elaine Kosh to White. White suggested putting concerns in writing to the board, which they have.
APPEALS:
A. Walter and Lorna Klitzke, SP-01-04, requesting a variance pursuant to s.7.05B(3)(d) to allow an existing residence and building to be split from the farm, located in an Exclusive Ag District.
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.
White asked about the double-wide trailer that is on the property and if that is for a relative of the farmer. Lorenz stated there is not a double-wide on the property.
Malin asked about the building the line goes through, refered to as the garage, but the plat refers to it as a shed. Lorenz stated that it is a shed and shop used as a garage - it is strictly an accessory building.
Wernecke asked if the property owner understands about the destruction of one of the buildings. Lorenz stated that they do understand that they will be considered as a nonconforming structure and to be rebuilt in the same place would need a variance from this board.
Vogt asked about the garage behind the house. Lorenz stated it is a 2 car garage. Vogt also asked about the minimum size of a parcel created from farm consolidation. Lorenz explained.
Walter Klitzke, applicant, stated he purchased the farm in 1973, rented the house and has never lived in the house, and the buyers have lived there for 22 years. He then provided a background of the farm, buildings and workable fields. His family decided rather to continue to rent the property they would sell the house, shop and garage separate from the farm so the existing renters could stay and they could continue to farm the land.
Wernecke asked about the well and septic agreements if they were recorded. Klitzke stated they aren't yet, but will be.
White asked about the when the shed was built if it was their intent to purchase the property. Klitzke stated that the renters have always had interest in owning the property.
Malin had questions about Exhibit II,14. The board discussed and concluded that information they were referring to was for Alvin Klitzke. Lorenz explained.
Vogt asked about the rest of the farm. Klitzke stated that he sold his existing farm to his son who is running the farm and he built a retirement house down the road from this farm and would like to continue to farm the land and utilize the buildings.
Wernecke asked how the owner arrived at what they were splitting off. Klitzke stated that they went to the property line to the north and enough to the west for room to replace septic system and the put the line splitting the buildings that are used by themselves versus the present renter.
White asked if they were thinking about selling it, why put the garage there. Klitzke stated that when the shed was built 20 years ago they had no intention of selling the property. White asked if there was an agreement if the renters moved out what would happen with the shed. Klitzke stated that it was built without an agreement on good faith. He also stated that they will have the option to repurchase the property if this approved and the new owners wish to sell.
Linda Borleske, appearing in favor of the request, stated that it is in the best interest of both parties to have the variance and the building in question can be better used by the farm than for the potential buyer. It will also be a hardship for Mr. Klitzke to have to remove the buildings and stated that the town is in favor of the request.
Mr. John Dietz, speaking in favor of the request, stated he and his wife are the current renters of the property and when the shop was built there was no intention at that time to purchase the property. He also explained the history of the relationship with the owners and spoke of the agreement to repurchase the property if they decided to sell, as well as an agreement to purchase the rest of the farm if the Klitzke's ever decided to sell the remaining farm.
Seeing as no one wished to appear, Sprecher closed the public portion of the hearing at 9:35 a.m.
Wernecke spoke of the unnecessary hardship clause and it seems that it meets the standards of a variance on all the other standards and meets the intent of farm consolidation.
Vogt stated he agrees with Wernecke, but feels the unnecessary hardship is still a gray area here. He believes it meets every other aspect of the variance requirements.
Malin asked if redrawing the line around the shed, wtih a possible lease-back arrangement for the shed, might be a workable alternative to avoid the set-back problem, although this would probably result in less than a one acre plot. Vogt stated you could go around it by adding land here or there or cutting around buildings, but why would you want to do that. Malin also stated his opinion that the destruction of a perfectly good building by moing it, to satisfy a set-back requirement for this particular situation, is no doubt included in the common-sense definition of "unnecessary hardship".
Malin also spoke of the problem of the variance for when the property is sold. Lorenz explained that the variance goes with the property, not the owner.
Motion by Malin, seconded by Vogt to grant the variance with the conditions listed by Planning and Zoning, as well as an amendment to the motion, a condition that there is a recording of the septic, well and access easement agreements, as submitted by Wernecke, seconded by Malin. Motion carried 5-0.
B. Roger and Lillian Hagi, SP-02-04, requesting a special exception permit pursuant to s.7.05(2)(r)21 and a variance pursuant to 7.05(2)(r)21b to authorize the continued operation of a salvage yard within ¼ mile of a county highway, located in an Ag District.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and explained that the variance was granted 5 years ago and doesn't believe the board needs to address at this time, but decided to notice it to be on the safe side and will leave it up to the board. 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.
Ms. Patricia Hagi, applicant, appearing in favor of the request, explained that the building near the road is an office that was requested by the state to do hard plates and temp plates so that they don't have to come to the back of the salvage yard and is more accessible for them.
Vogt asked about the southeast corner and the residence located there, and north along that boundary there is another building which is what? Hagi stated that the building by the carlot was turned into an office/shop to make license plates and then her house is the one located by the southeast corner and the other residence is of the owner (parents). Lorenz then explained the buildings for the board.
White asked about the salvage yard size. Hagi stated that it is actually getting smaller.
Wernecke asked what work has been done with the DNR and S&S. Hagi stated that they come and check the stormwater and have never had any complaints with the DNR.
White asked about the size of the yard and the owners being in retirements. Hagi stated that her parents own the yard and in 5 years they will probably be nearing retirement.
Mr. Duane Brooks, Chair Town of Dellona, appearing in favor of the request, stated he encourages support of this request and has never heard any complaints and have never seen any materials from the road and is a well run business and valuable to the area.
Seeing as no one wished to speak, Sprecher closed the public portion of the meeting at 9:55 a.m.
The board discussed.
Vogt stated that he does not believe the variance has to be acted on. Motion by Malin, seconded by Wernecke that the variance is not needed to be addressed. Motion carried.
Motion by Wernecke, seconded by Vogt to approve the request along with the conditions listed by Planning & Zoning. Motion carried 5-0.
C. Baraboo Concrete Co., BR Amon & Sons, Inc. (Agent), SP-03-04, requesting a special exception permit pursuant to s.7.05(2)(k)19 to authorize the operation of a temporary, portable asphalt plant in an existing quarry.
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.
White asked about the previous use as an asphalt plant.
Mr. Tom Amon, applicant/agent, appearing in favor of the request, stated that the plant is for a highway project that they have under contract. The plant is totally portable and anticipate that the plant would be set up in the fall of the year, rather than the spring and the truck traffic would all go to the north on Pit Road and onto Highway 33, which is the route the current truck traffic uses on the adjacent quarry operations.
White asked about the previous plant. Amon stated it was about 15 years ago.
Vogt asked about the concrete operation and the amount of time its been there. Amon stated that question will have to be answered by Mr. Brown.
Sprecher asked about searching for another location. Amon explained that that they have to look at the type of material and because it is a state contract, it is warranted for 5 years and seemed the most reasonable to set up in a currently plant where aggregate is currently located.
White asked about length of time for the project. Amon spoke of preparation and believes they will be ready for the blacktop in the fall.
Wernecke asked about the length of permit for 1 year is a sufficient amount of time. Amon stated that is fine.
White asked if the plant would be moved by next winter. Amon stated it would be moved out by then.
Mr. Robert Brown, Baraboo Concrete, applicant/owner, appearing in favor of the request, stated that he can answer any questions.
Vogt asked how long the concrete plant and operation have been there. Brown stated that it has been since about 1960.
White asked about complaints from neighbors about truck traffic. Brown stated none that he is aware of.
Ms. Darlene Hill, Chair Town of Baraboo, appearing in favor, stated typically everything goes to the Plan Commission first before the Town Board, so the Town Board has not acted on it yet, however everything she's read seems ok, but noise and destruction of the roads have been a problem and wish to have the roads kept up and feels all the conditions have to be followed "to the letter". She stated there is some concern about the noise on the road because there are residences and the Town has no objection to it because they have done this kind of operation before and have had no problems.
White asked about problems with the road that has not been to the satisfaction of the town. Hill stated that Gasser has always been very good. White asked if the neighbor has been there before the operation. Hill stated that they have been there then moved across the road.
White asked if the notification was by the county. Hill stated that yes the county sent information and usually the applicant gets in touch with the Plan Commission Coordinator.
Wernecke asked when the Town received notification from the County. Hill stated she received notice on January 19th.
Mr. Larry Volz, Supervisor District 13, appearing in favor, asked how many tons of asphalt will be trucked over the road and if any aggregate will be trucked in or if it is on the existing property. He stated that Pit Road is in the Town of Delton and they have always kept up the road really well.
Malin asked if the Town Board needs to review the request again. Volz stated it does not.
Mr. Norbert Moy, appearing as interest may appear, stated he lives on Fox Hill Road across from the pit and is concerned about the amount of noise and odor. He stated they can hear some noise and what is there now is not offensive and they have never complained, but is concerned about the added amount of noise.
White asked about the lots in the subdivision when they are sold they are aware there is a pit located near them. Moy stated they are and he has never heard any complaints.
White asked if the concrete plant follows their hours of operation. Moy stated they do and they start early in the morning, but he understands that and doesn't feel its a problem.
Mr. Amon, reappearing in favor, apologized for overlooking the township issue. He stated 39,000 tons to haul out and may bring some 5,000 tons of asphalt back to remix. He did speak of a challenge based on the Gasser trucks versus theirs, but the road has been hauled on for many years and don't expect any trouble, but will repair any problems. They have 1 large diesel generator, a smaller generator and 1 end loader. Other than the trucks, that will be the noise. Everything will go north out of the plant and the residences the previous speaker talked about are all to the south.
Vogt asked about standards as far as damage to the road, noise, dust, etc. Amon stated that the noise and dust are addressed and regulated by the DNR. Vogt also asked about the plan of operation. Amon stated the regulations of it being a commercial pit and the DOT jobs and requirements. Vogt asked about responsibility for repair on Fox Hill Road. Amon explained that in their contract with the DOT, everything including the road repair, has to be adequate or the contract won't be concluded.
White asked about grading issues. Amon explained.
Malin asked about the DOT contract and requiring to meet DNR regulations. Amon stated it does.
Mr. Robert Brown, reappearing in favor, explained that they both had a stormwater run off permit with the DNR and explained the operational plan and road maintenance which will be followed by both Baraboo Concrete and Amon.
Seeing as no one wished to speak, Sprecher closed the public portion of the meeting at 10:35 a.m.
Wernecke stated he is concerned about the Town notification. Lorenz explained the Town notification issue and what the county is required to do.
Motion by White, seconded by Vogt, to approve the special exception request with the conditions listed by Planning and Zoning Motion carried 5-0.
D. Jack and Mary Waterman, SP-04-04, requesting a special exception permit pursuant to s.8.08(3)(a)1 to authorize filling and grading on slopes of more than 20% within 300 feet of the Wisconsin River as part of a residential construction project, located in the Shoreland Protection District.
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.
Wernecke asked how many feet from the highway setback is the proposed structure. Lorenz stated that according to Exhibit II,4, the highway setback is 33 feet from the right-of-way.
White asked about the retaining wall/basement foundation that has to be removed and asked if there was a permit. Lorenz stated there was not a permit for the structure that has to be removed.
Wernecke asked if the request is also to consider the verbal intention to till the low area on the property on the other side of the road and is it a drainage way. Lorenz stated it is part of the request and does not feel it is a drainage or output area.
White asked where the fill will come for that. Lorenz stated the owner will have to answer that.
Mr. Jack Waterman, applicant, appearing in favor of the request, stated that there is an existing foundation and in May of 2003 they went to the Delton Building Inspector and was told that they didn't need a county permit and a permit could be obtained through the town and received verbal permission to put an addition onto the existing nonconforming house. At the time they went to get a septic permit from the county, they were informed that they needed to comply with county requirements. To put on the addition, they would have needed 5 variances, which has led them here to apply to fill and grade to build/move structures.
Vogt asked if there is any intent on having a walk-out basement. Waterman stated they are not and have met with the surveyor, DNR and zoning staff and determined floodplain issues.
White asked if this will change the drainage onto the neighbors property at all and the location of the septic. Waterman stated it will not change the drainage and the septic will be located to the northwest of the house.
White asked about neighbors gravel access. Waterman stated it is not the only access to the lot, but the only access to his frontage.
Wernecke asked if he is working with an engineering firm to design the plan for control of erosion or if it is being done by the owners. Waterman stated they have worked closely with Carlson Engineering and Surveying and the builder is from Reedsburg who does a lot of work around Lake Redstone where he has dealt with similar slopes. Wernecke asked if he has any detailed drawings for the site. Waterman stated he does not have a Landscape Architect that has drawn up a plan and according to Carlson when looking at it he is under the impression that the finished product will be very similar to the adjoining lands contour and is planning to keep as natural as possible.
White asked if they have access to driving to the shore or if it is only footpath accessible. Waterman stated it is only by foot.
Vogt asked what is anticipated on how the erosion control will be done and if the owners will present a plan to the county or if the contractor will take care of it. Waterman referred to Exhibit II,4 and the contours and slopes shown on that map.
White explained that the board is looking for a diagram that shows where the silt fences and erosion control measures will be located, etc.
Sprecher and Vogt spoke of the ability and authority that Planning & Zoning would have. Waterman then referred to Exhibit II,4 and explained where some erosion control measures would be taken and what contours would be untouched versus ground disturbance.
White asked if the contractors that built the structures without permits, if they would be handling the construction of this project.
Malin asked about who is responsible if the erosion control fails or if there are problems. Waterman stated he is ultimately responsible and the quality of the work that the contractor has done in the past, he is a good steward of the sites he has worked on and would have to defer to Lorenz.
Vogt talked about the information submitted and the lack of specific plans detailing certain measures.
Waterman spoke of the soil type located on the site and will be hands on himself throughout the project and will make sure that things are done properly.
Wernecke spoke again about the lack of a plan.
Lorenz stated that looking at the proposed contours, it follows the natural part of the land that is out there and spoke on the abilities of the board to list certain things in their conditions and no matter what, the county will inspect the site while the project is underway. He also mentioned that the site will be subject to DNR regulations.
Wernecke asked if DNR regulations spell out the best practices. Lorenz stated that the State has documentation on best practices for building and spoke of permits that Mr. Waterman still needs for his project.
Malin asked if there is something that goes to the DNR that notifies them to look at the site. Lorenz explained the process of the DNR and Department working together.
Malin spoke of the contractor posting a bond so if something does go wrong, it will be fixed.
Mr. Larry Volz, Supervisor for Town of Delton, appearing in favor of the request, spoke of the shoreland protection and the DNR, Planning & Zoning and Corps of Engineers will be in there checking things out. He also say that the Watermans have always been good to their word and do a nice job on their developments.
Seeing as no one wished to speak, Sprecher closed the public portion of the hearing at 11:18 a.m.
White stated that if you don't know what the plan is, you can't tell if it is followed. She asked that condition D be added and an erosion control plan be submitted to Planning and Zoning and be approved before construction begins.
Wernecke asked that the erosion control plan must meet DNRs best practices requirements.
Vogt also stated that the county needs to be satisfied with their erosion control plan and the one that was submitted needs more information located on it - more complete on grading and erosion control.
Malin asked if the board is saying that the application does not have all of what is required and the application does not meet the standards?
Sprecher stated that they are going further than what the board can go. If they want certain requirements it can be put in the conditions of approval or denial.
Motion by White, seconded by Malin, to approve the request with the conditions submitted by the Planning and Zoning Department, in addition to an erosion control plan submitted to Planning and Zoning and approved before work begins. Motion carried 5-0.
E. Richard Meyer, dba Crossroads Trading Post LLC, SP-05-04, requesting a special exception permit pursuant to s.7.09(2)(b)10 to authorize the storage, repair and sales of boats and recreational vehicles in a Commercial Zoning District.
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.
White asked about signage. Lorenz explained.
Ms. Pamela Leonard, applicant, appearing in favor of the request, gave a background of the property and that even though a business operated prior to that the property was not in compliance. She also spoke of improvements that have been made to the property. The house will be utilized as an office for the Marina and no longer a residence. The signs have not had the poles replaced, but the face of the signs have been changed to reflect the business name/change of business.
Wernecke asked if she has a copy of the ordinance for a commercial zoning district. Leonard stated she does.
White asked what is there. Leonard stated that they will have a gun shop and antique shop, the marina, repair and sales. She also stated that they have received approval by the town board.
Seeing as no one wished to speak, Sprecher closed the public portion of the hearing at 11:45 a.m.
Motion by Wernecke, seconded by Malin, to approve the request with the conditions submitted by the Planning and Zoning Department. Motion carried 5-0,
E. Bluegreen Vacation Club Inc., dba Christmas Mountain Village, SP-06-04, requesting a special exception permit pursuant to s.7.08A(2)(b)12 to authorize the construction of a Check-in/Pool facility building, zoned Recreational-Commercial.
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. Carter Arndt, project architect/agent, appearing in favor of the request, gave a background and history of the property.
White asked about structures on the site where the proposed building is to be placed. Mr. Ardnt explained that it is vacant and pretty much located where the previous building had been before it burnt.
Mr. Duane Brook, appearing in favor of the request, stated that the Town is in favor of the request and spoke about traffic flow and offroad parking issues at the site currently.
Seeing as no one wished to speak, Sprecher closed the public portion of the hearing at 11:56 a.m.
Motion by White, seconded by Malin, to approve the request with the conditions submitted by the Planning and Zoning Department. Motion carried 5-0,
The Board adjourned at 11:58 p.m.
Respectfully submitted,
Halsey Sprecher
Secretary