DATE: June 24, 2004
PRESENT: Bruce Duckworth, Chair; Robert Roloff; Halsey Sprecher; Richard Vogt; Linda White
STAFF PRESENT: Mary White; Dave Lorenz; Matt Bremer
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 White, seconded by Vogt.
Motion carried 5-0.
The Board adopted the agenda for the June 24, 2004 session of the Board with the deletion of item 5.C. on a motion by Roloff, seconded by Vogt.
Motion carried 5-0.
Motion by Vogt, seconded by White to adopt the May, 2004 minutes.
Motion carried 4-0, with Duckworth abstaining.
COMMUNICATIONS: None
APPEALS:
Mr. Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed 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.
Mr. Duckworth asked if this was all one parcel and if there were any wetlands on the property. Mr. Bremer responded that it was one parcel and there was wetlands on the property. He refered to correspondence from the DNR that addressed wetland concerns. The exact delineation of the wetlands has not been done. Mr. Duckworth then asked if the location of the road was just an approximation. Apparently flags had been put out but they were no longer on the site.
Mr. Mike Wilson appeared in favor. He explained that he had been looking for property in Winfield to build on. He submitted exhibits VII-2, an engineered plan, and VII-3, an aerial photograph. He briefly reviewed the project and stated that they possibly needed a Chapter 30 permit from the DNR. He stated that Mr. Jeff Schure from the Department of Natural Resources and Mr. Steve Sorenson from the Planning and Zoning Office had viewed the property. The owners had a hydraulic study done and they only planned to build 2 homes.
Ms. White asked if Mr. Wilson actually owned the property at this time and he stated that they have an offer to purchase but had not closed on the property.
Mr. Kurt Muchow with Vierbicher and Associates appeared in favor. He explained that he had been retained to assist with the stream crossing plan. He informed the Board of stabilization and culvert details that were planned for the site. He also reviewed erosion plans and wetlands delineation of the crossing sites themselves. He stated that the Chapter 30 permit application to the DNR has been completed. Mr. Vogt asked if the application has been submitted and he said that it was submitted for review on June 18, 2004, so the DNR hasn't reviewed it yet. There was a discrepancy on the exact size of the culverts. Mr. Muchow stated that the culverts in question were designed to be 72 and 54 inches. He explained that the resizing was the result of the H&H study. Mr. Muchow submitted exhibit VIII-1 of 16 pages which consisted of a transmittal letter and plans for the proposed crossings. Mr. Duckworth asked if Mr. Muchow was only dealing with the crossings and not the entire road. Mr. Muchow responded that was right.
Mr. Leroy Napieralski, appeared in favor.
Mr. Philip Craker, Winfield Town Board Chairman, appeared in opposition. He stated the first that the Town knew about these plans was when Mr. Bremer from the Planning and Zoning Office contacted him. The Town Board was not able to take any action on the project because it was not included on the agenda. Mr. Craker felt that the culverts would be swamped. His concerns were regarding the storm water run off. Mr. Craker stated that there were other options open to get access to the property. Ms. White asked if this was on the agenda for their next town board meeting. Mr. Craker said that it wasn't because nothing official had been submitted to them. Ms. White asked if his concerns were representative of the rest of the town board. Mr. Craker said that it was as well as the surrounding neighbors.
Mr. William Schmitz appeared in opposition. He stated that he had granted the easement that was necessary for access to this property to the previous owner, Mr. Ray Wagner and to no one else. He said that he was not against the houses but he was concerned about the water run off also. He submitted exhibits VIII-2 , VIII-3 and VIII-4 which were photos of damage done after the last normal rain fall. The exact location of the photos was discussed. He suggested an alternative access to the property.
Mr. Matt Filus, surveyor, appeared in favor. He stated that the culverts at Hirst Road are actually 60 inches. Mr. Wilson will be changing the land to a better use. A conservancy type use and water run off was discussed.
Another access off of Long View Road was discussed. Mr. Schmitz stated that an easement would be required for that access also.
Mr. Charles Goad appeared in favor. He stated that the road had been there for 40 years and questioned why now it was designated as wetlands. He said the culverts will be larger and rip rapping and soil erosion controls would be in place. He stated that the cows were creating a bigger problem than 2 houses would. Ms. White questioned Mr. Goad on how long he had previously owned the property. He stated he owned it for about a 1 ½ years. Ms. White asked if there was a deed restriction stating that only two houses could be built. Mr. Goad indicated that there was no agreement but he didn't think that Wilson would have a problem with that.
Mr. Roloff asked Mr. Muchow if this project would increase the amount of water on Hirst Road. He stated that a study was not done on impact of water flows. Ms. White asked if it was safe to assume that the more houses the more water displacement there would be. Mr. Muchow responded that there was a significant difference in quantity and quality of water between overgrazed land and meadow. Obviously more houses increase the amount of runoff, but exactly how much he didn't know.
Mr. Mike Wilson reappeared. Mr. stated that he only meant this property for his private residence. He planned to use some of the property as a conservancy area. He stated that the driveway would be 20 to 25 feet from the creek and his plan was to protect the environment. Ms. White asked if he intended to apply as an official conservancy area. He stated he would be interested in enrolling in some sort of program. Ms. White stated that the Board needed to be concerned about the future use also.
Mr. Craker reappeared. Mr. Craker stated his experience as an engineer was that buildings cause more runoff.
Mr. John Horkan appeared in opposition. Mr. Roloff asked about an easement from Long View Road. Mr. Horkan stated that it would cross his property.
Mr. William Schmitz asked if the owners didn't think there would be more runoff why were they increasing the size of the culverts.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 10:15 A.M.
Mr. Vogt stated that the owners have met the requirements. What happens to the property in terms of more subdivision is not the issue here. They will need permits from the DNR to address the run off issues.
Ms. White stated that subdivision is not in the scope of the Board, but this could be a start of further development. The potential for future division is there.
Motion by Roloff, seconded by Vogt to grant a special exception to authorize filling and grading with conditions as listed by Planning and Zoning Department. Ms. White asked how long it would take to complete the road. Mr. Duckworth responded according to information submitted it would take about a week or two depending on the weather.
Motion carried 4-1, with White in opposition.
Mr. Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed photos and video of the site. Mr. Bremer concluded with the department recommendation of approval with conditions as specified in the staff report.
Mr. Duckworth noted that this project was already completed.
Mr. Moritz appeared in favor. He said they had state permits, but didn't get local permits. Mr. Duckworth asked if this project was professionally engineered. Mr. Mortiz responded that it was. Mr. Mortiz stated that the lake had been drained about 5 years ago. He had down sized the lake and replaced rusting pipes. Mr. Duckworth asked if there would be any damage to other property owners on the lake. Mr. Mortiz said there was none. Downsizing to a small dam, grate covers and filling and grading were discussed.
Ms. Jolene Crowley, Sauk County Treasurer, appeared in favor. She explained that Mr. Moritz had purchased the property from the County for back taxes. She did not realize that town and county permits would be necessary.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 10:40 A.M..
Motion by Vogt, seconded by White to approve the special exception to authorize the repair of the dam and filling and grading with the conditions as specified by the Planning and Zoning Department.
Motion carried 5-0.
The Board adjourned at 11:00 A.M.
Respectfully submitted: Halsey Sprecher, Secretary