Board of Adjustment Minutes

DATE: November 18 , 2004

PRESENT: Acting Chair - Robert Roloff, Halsey Sprecher, Ben Malin, Richard Vogt, Dave Wernecke

STAFF PRESENT: Gina Templin, Dave Lorenz

OTHERS PRESENT: See individual appeal files for registration appearance slips.

Roloff 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 Sprecher, seconded by Vogt. Motion carried 4-0 with Malin abstaining.

The Board adopted the agenda for the November 18, 2004 session of the Board on a Motion by Vogt, seconded by Sprecher. Motion carried 5-0.

Motion by Sprecher, seconded by Vogt to adopt the October 26, 2004 minutes. Motion carried 3-0, with Malin and Wernecke abstaining.

COMMUNICATIONS:

None to report.

APPEALS:

A. Judd Maxwell, Glenville Timberwrights (SP-51-04) requesting a special exception permit per s.7.10(2)(b)7 to authorize the location of a sawmill on the same premises for more than 10 days.

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.

Judd Maxwell, application, appearing in favor of the request, stated that the process was very involved and had the town very involved from the beginning. His intentions are to clean the property up.

Malin asked about the ban saw to be used and if there is any coolant to be used. Maxwell stated that the next person will have to address the question, as he will be the one to use it.

Malin also asked about the noise from the work to be done. Maxwell stated they have addressed noise, but the next speaker to speak on the decibel levels and such. He also stated that they intend to insulate and address noise issues within the building.

Wernecke asked if the applicant agrees with the conditions put on the request by the Town Board. Maxwell stated both he and the operator of the mill agree with the conditions placed by the Town.

Tom Holmes, appearing in favor of the request, stated he is the tenant for the property and owns Glenville Timberwrights and stated that the mill to be used is a woodmizer, horizontal ban saw and run off the power that exist rather than a desiel engine and the fluid level should be at a minimal or less. The decibel levels have been 75 to 80, standing right next to it. He then spoke of other equipment to be used and the decibel levels of that equipment as well.

Malin asked what the state standards are. Holmes stated he isn't sure on that but would assume it would fall well under the state standards, and spoke of other things that will be done to the building itself to address any noise problems.

Roloff asked if the decibels were standing next to the machine or outside of the building. Holmes stated that it would be standing right next to the machine. He also spoke about the conditions listed by the Town and complying to their recommendations.

Malin asked about the coolant and if it is all self contained into the machine. Holmes stated it is all self contained.

Vogt asked about expansion. Holmes stated that they don't plan to expand other than hiring a couple employees, maximum 6-8.

Seeing as no one wished to appear, Roloff closed the public portion of the hearing at 9:25 a.m.

Roloff reviewed the ordinance and the request.

Motion by Sprecher, seconded by Malin, to approve the request with the conditions listed by Planning & Zoning and the Town of Greenfield. Motion carried 5-0 .

  1. Carl & Patricia Barrett (SP-52-04) requesting a special exception permit to authorize filling and grading within 300 feet of Lake Wisconsin.


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.

Roloff asked about the grading and if it was from the construction of what has been done so far on the house. Lorenz stated it was not, as the grading for the house is covered under the permit for the house, the grading is to be done closer to the lake to level and control water run-off onto the adjacent lots.

Wernecke asked about the leveling for the boathouse down by the water, in s.8.06(2)(d)3, and asked what the interpretation of that is. Lorenz stated they are taking out a permit to modify the slope for an area down by the water and future use may be for a boathouse.

Malin asked about previous history of application for this particular thing, yet there is a letter from the Town of Merrimac that it is an appeal. Lorenz stated that in looking into the background, the department looks to see if any other request were granted or denied on the property.

Patricia Barrett, applicant, appearing in favor of the request, stated that they have owned the property in a couple of years and as far as an appeal, nothing had been applied for prior to applying for the building permits. The history is that the property has sat as a lone wooded area since it was platted. She also stated that one corner of the area will be sloped for a boathouse, but would have to be done whether a boathouse is put in or not because of the drainage from the culvert across the road. The purpose would be to adjust the slope to adjust the runoff to run down the bank rather than onto the adjacent property because of the construction of their home. She then addressed the planting plan that was submitted to the board, which would help retention on the lot.

Wernecke asked about the plans submitted by the contractor, the direction of the drainage doesn't seem a whole lot different. Barrett stated they will be using the same drainage, but will be redirecting some around on the south side because the house will change some of the direction as well.

Mark Setzke, appearing in favor of the request, stated that he is the contractor on the project, spoke of the grading of the slope from about 22% to just under 20% and the proposed boathouse would be in a sense dropped into the grade, and not altered. He addressed the grading on the site and stated it will stay as close to what it is and simply try to contain the water runoff from the lot on the lot.

Malin asked about the drainage pattern around the house and if it was on the permit. Setzke stated that was correct and he had the department come out and visit them on the site and discussed what would be needed and what was the best way to do what they had planned. He also notified the board that they are not here because they failed to do something, they are here because of their plans to do something.

Wernecke asked about the runoff from the culvert and if it is a separate issue than preparing the land for the boathouse. Setzke stated they are 2 separate issues.

Roloff asked if the neighbors will also have work done on their property from the project on the applicant's property. Setzke stated that all work will be done on the applicants property and all water runoff will be contained on the applicants property and the neighbors are very cooperative with access onto their property if need be.

Seeing as no one wished to appear, Roloff closed the public portion of the hearing at 9:50 a.m.

Roloff reviewed the ordinance and the request.

Vogt stated he doesn't see any problem with it.

Wernecke asked about the issue between the grading for the water and the grading for the boathouse. The board discussed.

Wernecke asked to separate the two issues and vote on them separately, but isn't sure if that can be done. He stated that he has a problem with granting a request for something that could circumvent the ordinance.

Vogt asked how you could discuss what could be done in the future or may not be done, and grant or deny the request based on something that may happen in the future.

Motion by Vogt, seconded by Sprecher, to approve the special exception request with the conditions listed by Planning & Zoning and to follow the plans submitted in Exhibit II, 6- II, 10. Motion carried 4-1 with Wernecke in opposition .
  1. Consumers Co-op Oil Co, (SP-53-04), requesting a special exception permit per 23.07(2)(b)2 to authorize the construction of a 150' radio tower to replace an existing tower that was knocked down.


The Board ruled that the variance to be discussed would be considered an area variance.

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.

Roloff asked about the significance of the county constructing another tower at this site in a different location that has received waivers, allows for co-location, and would not need to come before the board of adjustment. Lorenz explained.

Wernecke asked if the applicant's tower has already been replaced and what is the significance of the county's plan. Lorenz stated that the county is asking for a tower that meets all standards of the county ordinance, which would be on the same parcel. He also discussed that the county would be purchasing property for the town, but is not aware of anything following through.

Wernecke asked how close the guy wires are to the adjoining properties. Lorenz stated that we have dimensions to tower itself, but nothing was submitted for the wires.

Roloff stated that the setback has been changed to twice the amount of the tower height. Lorenz stated that is correct, and that can be reduced with waivers from neighbors and the Zoning Administrator.

Dan Baun, applicant, appearing in favor of the request, stated that they have operated the tower for the last 20 years, and Sauk County emergency management has used the tower for their emergency needs in the past. He also spoke of the property owner leasing the property and in the process of clearing out the tree line, clipped a guy wire and the tower came down and negotiations start with the county in replacing the tower and since they could not come to an agreement with the county negotiations stopped. He also stated he was not aware that a permit was needed to re-erect the tower and built one. As far as the county's tower goes, he is unclear as to what their intentions are.

Malin asked if the tower has to be that high and could that tower serve the co-ops needs if it was shorter and fall within the ordinance. Baun stated that he would be surprised if their height above ground would be under the minimum requirements of the ordinance and they simply used the same height of the tower they had. Malin asked about the unnecessary hardship. Baun stated that the hardship they have is that an inadvertent action is their hardship as well as the dollars incurred on the project and replacing the tower and does not see any way they can put up a tower of any height below what they have that will work.

Roloff stated that the discussion of what the county may or may not do is a good point, but shouldn't be discussed because right now it is all speculation. What the board needs to address is that the applicant had a tower, it got knocked down and for the applicant to replace it a variance is needed and the board needs to focus on the requirements for a variance. He advised the applicant to speak of public interest and property limitations.

Vogt asked about the parcel to the north. The applicant explained.

Wernecke spoke of the hardship issues and what the board needs to consider. Baun spoke of moving the tower and felt it would create a larger problem moving it somewhere visible.

Vogt referred to Exhibit VI,2, tax parcel map showing the area and verified which property is owned by the applicant.

Sprecher stated that after looking for the application for the county tower, they are not putting it on-top of another building, there will be land purchased for the tower.

Roloff asked the applicant to address protecting the public interest. Baun stated he has talked to the adjacent property owners and it is purely ag out there and wide open fields and they have no issues or concerns at all with having a tower there.

Malin asked if he has anything from the neighbors that show their support. Baun stated the letters are included in the packet that the board has.

Seeing as no one wished to appear, Roloff closed this portion of the hearing at 10:35 a.m.

Roloff reviewed the ordinance and the request.

Malin suggested discussing the variance first.

Malin stated that financial considerations are not an element for approving hardship, however it is the operation of the business that meets the unnecessary hardship.

Vogt stated he doesn't feel it was a self-create hardship.

Wernecke stated that self imposed hardship is not that an accident occurred, but the fact that the company did not check into the ordinance as to what the requirements were and that would be a self imposed hardship in that they didn't research that. He also stated that the guidance they've had, which he read to the board and feels it meets the spirit of the standards of the ordinance.

Roloff stated that the unnecessary hardship is not the cost incurred in rebuilding the tower, but it is also the difficulty of trying to run a business as well as a hardship for all the patrons who the co-op serves. He also spoke of the public interest protected and if the adjacent properties were schools, playgrounds, residences, or other businesses, the board would be negligent in granting variance because public interest would not be protected. But because it is ag fields the public interest is protected.

Vogt stated they are in need of a tower somewhere and if they move it, they are taking several acres of ag field out of production for another use, and believes the public interest is not affected.

Malin feels the general public is not affected at all.

Motion by Roloff, seconded by Malin, to grant the variance and special exception permit request with the conditions listed by Planning & Zoning. Motion carried 5-0.
  1. Kenneth & Margie Sebranek (SP-54-04) requesting a special exception permit per s.7.03(2)(n)1 to authorize the operation of a lodging house.

    Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He also informed the board that the applicant had withdrawn his application at the town board meeting and then submitted a letter to the Planning & Zoning Department stating he was going to withdraw, and then decided last night that he would like to move forward with 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.

    Roloff asked if this is a request to continue to operate a lodging house. Lorenz stated there has not been any request or approval to operate a lodging house and has been run as a lodging house without the permits and the office responded to complaints and notified the owner that they were in violation of the ordinance and needed to apply to the Board.

    Joe Fisher, agent for the applicant, appearing in favor of the request, stated that he is the applicant son-in-law and stated that the owner bought the property and secured a license from the state for renting the house out for tourist. He then spoke of the letter that was received from Steve Sorenson and started the process for the special exception permit, attended a town board meeting last week and during that time felt overwhelmed because of the number of people that were there that were opposed to it and became aware of some of the problems that occurred from renters. At the town board meeting they realized the neighbors were speaking against and took the request from the town board and decided to continue through with this. He also spoke of the complaints they heard and the intent to protect the rights of the neighbors

    Malin asked if any owners are on site. Fisher stated they are not.

    Wernecke asked about the difference between short term rentals versus long term rentals. Fisher stated because they like to use the property themselves and because of the close proximity of the Dells.

    Fisher also addressed some of the issues that the neighbors brought up at the town meeting and stated that it is apparent that many references were in regard to one main group, such as trespassing, using property and boats that don't belong to them, loudness and vulgar language. He stated that they addressed garbage and recyclable issues, the fire pit not left unattended, outside activities, lake access, parking, outside noise and quiet hours after 10 p.m.. He also discussed the benefit to the community in the business it would generate for local businesses and does not see it as a public safety issue with traffic.

    Malin asked what the license is for. Fisher stated that it is for a "tourist house" and inspections are done by the state.

    Kenneth Sebranek, applicant, appearing in favor of the request, stated that they wanted extra income to pay the taxes and other expenses, and wanted to try the idea out. He stated they don't want to rent it out because they like to use the property themselves and eventually plans to move there.

    Marc Henderson, appearing in favor of the request, stated that ever since the property was purchased from Mr. Sebranek, he has no problems, and he is the closest neighbor and haven't had an issue.

    Vogt asked if he is aware that the property is being rented. Henderson stated that people outside of his own family, he is not aware when it will be rented out.

    Vogt asked about any problems. Henderson stated that he did notice a large group that was still outside about 2 a.m. carrying on once only.

    Roloff asked about vegetation. Henderson explained.

    Malin asked how close his house is to the applicants. Henderson stated the houses are about 150 feet apart.

    Roloff asked if he rents his house out for a lodging house. Henderson stated he has not, but is not opposed to it.

    Byron Tetzlaff, appearing in opposition, stated that he is also in the Lake Management District, and it is not just one large group, but several situations, and stated that he came out of their house one day and a number of people were walking up and down the shoreline and spoke to them, a number of boats were taken, used on the lake and left where-ever they felt like putting them. He also spoke of an instant when 3 new renters were attempting to take his boat and had confrontations and had to put a chain and lock on the boat, which has never happened in 14 years. He also spoke of the request to be withdrawn at the town board, and welcomed the applicant as a neighbor since it would not be rented out. After the cease and desists was received from the county the applicants still had it rented out. The idea of absentee land lords do not take that much part in the community and would welcome them as a neighbor, but don't like the renters that have been in there.

    Wernecke asked if the area has convenances. Tetzlaff stated that there was a property owners association at one time, but does not exist any more.

    Vogt asked what the position would be if it were a bed and breakfast. Tetzlaff stated he would be opposed to it because of the community that is already there, they would like to see a permanent resident.

    Malin asked about timeshare. Tetzlaff stated there is no timeshare or recreational properties around.

    Marilyn Thiede, appearing in opposition of the request, read a letter that they wrote to the Town Board members from the Lake Virginia Management District board, and that is the first time something like this has come up. She also spoke of the rules the owner is planning to make if the request is submitted and is curious what they would in the area - it is a quiet area, no motors or skiing is allowed on the lake and if they are looking for any type of recreational right on the lake, there isn't any, which opens the door for trouble. She also spoke of Mr. Henderson and his house is away from the water, and the problems are towards the water, which he may not be aware of. She also spoke of by-laws when a property owners association was in place and they did have no renting. Because of this, they will be looking into creating something that will address this.

    Roloff asked about the dissolved property owners association. Thiede stated the attorney suggested just following the state statutes.

    Roloff asked about the Lake Management District. Thiede stated that they are in charge of water quality and issues that affect their area.

    Audrey Sosinski, appearing in opposition to the request, stated that there are many people on the lake that are owned by people who live in Illinois or elsewhere and if this is allowed, it opens this kind of thing up to other people who own property in the district. They have people who have chosen the property there because of the lack of recreation that separates them from Lake Redstone and Dutch Hollow Lake.

    Gail Tassone, appearing in opposition to the request, stated that she is directly next door to the property and nothing personal against the owner, but they have no trespassing signs posted, which does nothing, many people are constantly going into their yard and playing in their yard and as a Realtor, believes it will cause problems with values of property with the homes surrounding. She also spoke of a party that continued until 5:30 a.m. in which they went there and asked the renters to stop the party, which continued.

    Bob Cassity, appearing as interest may appear, stated he is the Town Chair of Excelsior, and the issue came before the town board and listened to testimony for about an hour and had no one supporting the request other than the applicants, and the applicant said to forget the whole thing and they would withdraw the request, however one board member felt it was important that a motion be made to not support the request, and was passed unanimously not to support the request.

    Malin asked if the Town board has a planning/zoning division. Cassity stated they just have the town board and utilize the County planning & zoning.

    Roloff asked about Exhibit IV,1, and in the 2nd to last paragraph, there is not indication that the town board made a decision one way or another. Cassity stated that he went to the town hall and listened to the tapes, which they did make a motion, and the Clerk made an error in typing the letter to the Board. He also stated that the formal minutes have not been prepared yet.

    Wernecke asked if the town board members discussed why they didn't approve it. Cassity stated yes, and the Sheriff was called on at least one occasion, as well as other problems. He also stated it is a quiet community and the renters obstructed the community, the theft of boats, as well as other problems that disrupted the community extremely.

    Joe Fisher, reappearing in favor, stated that he feels one of the problems that precipitated the problems is the low water level of the lake and feels the reason the renters ended up on someone else's property is simply because that is how they accessed the lake. He also referenced the letter from the Sheriff's Dept.

    Malin asked if anyone else directly involved with the property have any experience operating a motel. Fisher stated that he does and owns property that is rented out on a regular basis.

    Malin asked with all the precautions, you still get problem renters. Fisher stated you do. He also spoke of posts that would mark the property line.

    Seeing as no one wished to speak, Roloff closed the public portion of the hearing at 11:50 a.m.

    Roloff reviewed the ordinance and request.

    Malin stated that everyone needs to realize that lodging houses and beds and breakfasts are on the list of things that can be granted in single family area and feels that the applicants in their own experience running cabins can't control the experience and even if you grant it and everyone makes promises you can't control it.

    Sprecher feels the request does not fit the community.

    Vogt stated that he feels it is not a good fit, and the thing that bothers him the most is that if you grant it you set a presence for the whole neighborhood, which has a lot of absentee owners.

    Wernecke read from the ordinance and how the request does mix well.

    Motion by Malin, seconded by Sprecher, to deny the request for a special exception permit for a lodging house. Motion carried 5-0.

    E. The Kohler Foundation Inc. (SP-55-04) requesting a special exception permits per s.7.13(1)(h)4 to authorize the location of an institution of an educational, philanthropic or charitable nature for an art Studio and Study Center.

    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.

    Roloff asked about the 3 portable toilets and if there will be plumbing installed. Lorenz stated he didn't know and it may be difficult to get plumbing in there being the lot is so small and the area does not have good soils that allow for a system.

    Roloff also asked about a holding tank that is used for the residence. Lorenz stated that is very possible. Roloff verified that if there is no plumbing going into the building, no plumbing needs to come out. Lorenz verified.

    Malin asked about an unlimited time for this request is appropriate. Lorenz stated that is something the board can consider if they choose.

    Terri Yoho, Kohler Foundation, applicant, appearing in favor of the request, gave a background and history of the property, restored all the property and art in the building and gifted it to the County and once the County did not want to be the steward of the property, they took it back over, restored the property again and spoke of the Edgewood College intentions. She then spoke of the plans to create a center for the arts that is underserved. She also spoke of working directly with the historical society that will continue to give tours and keep it open on a very minimal basis.

    Vogt asked what kind of facility will be put on the property where the residence sits. Yoho stated that it would be an art studio that would provide bathrooms, a shower, and a loft for an artist to stay if necessary.

    Roloff asked if they ever held religious ceremony's in the building. Yoho stated she did not know if religious ceremonies were conducted.

    Robert Tarrell, Edgewood College, appearing in favor of the request, provided the board with the activities that will take place and what the college's intentions are for the property as well as all the communities, facilities, and area businesses and foundations to be worked with on a continuous basis.

    Donald Degner, appearing in opposition of the request, stated that he wants to retire there and the place has been very quiet and a dry area and said he is not against the plans, but hope they don't come there with a bunch of college kids that run all over town and bring booze, have parties and camp out and have to call the cops and run them out of town.

    Alice Degner, appearing in opposition of the request, stated that there is only about 50 people that live out there and don't have many kids and no problems and don't want to see Valton taken over.

    Wernecke stated a letter was received from the Town in favor of the request.

    Malin asked if there are any problem previously. Degner stated there has not been.

    Terry Wright, appearing as interest may appear, stated lives in the residence across from the painted forest and his biggest concern was parking and people could not get out of their own driveways.

    Vogt asked what would satisfy him if parking would be addressed. Wright stated that parking is the biggest issue and the quiet community and appreciates what the Kohler Foundation has done, but the parking needs to be addressed.

    Vogt asked if the Township has addressed any of these issues. Wright stated he doesn't know.

    Malin asked if there was a meeting. Wright stated there was, but he could not attend because of work.

    Terri Yoho, reappearing, stated that the did have a large open house and people did park along the streets and they did have parking available but people did also park on the street rather than the lots. She also stated parking will be a problem once a year during large open houses, but they would get with neighbors to try to address that before it happens. She also spoke of another example of a project that has been operating for 3 years that has worked well.

    Malin asked the applicant to describe what they are doing again. Yoho explained.

    Roloff asked if there are students that come without the accompaniment of a staff person. Yoho stated only if there is a tour by the historical society.

    Roloff asked about parking. Yoho stated they have parking set up in the Church parking lots that are available.

    Sprecher asked how they communicated the parking was available. Yoho stated they probably did not communicate it as well as they should have.

    Seeing as no one else wished to speak Chair Roloff closed the public portion of the hearing at 12:25 p.m.

    Roloff reviewed the ordinance and the request and if the request was granted, a condition should be added that would deal with the parking issues and have Edgewood College communicate with the Town board to devise a parking plan and then execute that plan whenever an open house is taking place.

    Vogt asked if the Town Board could set something up regarding regulations for parking for events at the facility.

    Sprecher stated that parking in front of driveways is a violation.

    Roloff also suggested adding the condition of the permit being only good for 5 years, so that way if there are problems, they can be addressed at that time.

    Malin suggests that the Town/applicants forward a plan to the county and upon review and approval of the county, the permit be granted.

    Motion by Roloff, seconded by Vogt, to approve the request with the condition listed by Planning and Zoning, and add condition D. that provision for parking and crowd control be worked out between the Kohler Foundation/Edgewood College and the Town of Woodland and the permit will go into effect when that document has been submitted and approved by Sauk County Planning & Zoning. Motion carried 5-0.

    The Board adjourned at 11:56 a.m.

    Respectfully submitted,

    Halsey Sprecher

    Secretary

Respectfully submitted,

Halsey Sprecher, Secretary