Board of Adjustment Meeting Minutes

DATE: February 24, 2005 Session of the Board

PRESENT: Bruce Duckworth, Chair

Ben Malin

Halsey Sprecher

Richard Vogt (8:55 a.m.)

Linda White (8:39 a.m.)

STAFF PRESENT: Gina Templin, Steve Sorenson, Dave Lorenz, Matt Bremer, Lance Gurney

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

Duckworth called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 8:30 A.M. The Board met with members of the Planning and Zoning office staff to review procedures and issues the staff have identified over the last year.

The Board adopted the agenda for the February 24, 2005, session of the Board on a Motion by Sprecher, seconded by Malin. Motion carried 3-0. White and Vogt absent at this time.

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 Malin. Motion carried 3-0. White and Vogt absent at this time.

Lance Gurney, Director of Planning and Zoning discussed issues on variances and suggestions the staff have received from legal counsel based on the minutes and decision letters and what kind of direction needs to come from the Board. He referred to past cases and potential litigation. Gurney suggested to the Board that when giving their motions they need to discuss the reasons and rationale behind their motion and clearly articulate, rather than having staff try to figure what they meant.

White verified what Gurney was asking for the board to do in reference to not only variances but special exception permits as well, and for approvals and denials.

Gurney then reviewed the staff report that is assembled for the Board. He discussed how it used to be done versus how it is done now and stated that with the Board's help, the office needs to find a happy medium. There are things staff are missing in their reports, but want to make sure they stay concise and don't contain a lot of info that isn't needed. He also advised the Board that staff will return to the process of reviewing each appeal as a full staff during their bi-weekly staff meetings.

Gurney then discussed issues staff is having with enforcing decisions made by the board and the problems they run into when facing an "open" time frame. Board members and staff continued to discuss enforcement and it was decided that staff would include timeframes and general enforcement practices within the conditions listed in the staff report and it is up to the board to either approve/deny a request with the conditions, change the conditions or drop a condition(s).

The Board briefly discussed the noticing policy for appeals.

Steve Sorenson then asked the Board what their preference would be when applicants refuse to work with staff to bring a completed application to the Board for review.

After long discussion with staff and Board, Duckworth asked staff to draft a policy for the Board to review that includes the requirements for procedures to apply to the Board of Adjustment. The Board also asked for a separate application and requirements for a Variance and Special Exception permit rather than combining all together on one application.

Motion by Sprecher, seconded by White to adopt the January 27, 2005 minutes.

The Board recessed at 9:10 a.m. and will reconvene in the County Board Room to immediately begin the public hearings for the day.

The Board reconvened at 9:15 a.m.

The Chair introduced the members of the Board, explained the procedures and the order of business for the day.

COMMUNICATIONS:

None to report.

APPEALS:

A. Keith Goerks, Baraboo Concrete Co., Inc., (SP-05-05). The applicant is requesting a special exception permit pursuant to s.7.05(2)(k)19 to authorize the renewal of a special exception permit to operate a mineral extraction site. The property is located in the Agricultural District, on real estate described as: part of the NW¼, SW¼ and the SW¼, SE¼, Section 22, T12N, R6E, Town of Baraboo, tax parcel 002-0692, 0718, 0719 and 0723.

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 if there had been any complaints on the pit in the last 5 years. Lorenz stated he is not aware of any.

Duckworth asked if any concerns were brought up at any site visits or if any state agency has had any problems with the site or owners/operators. He also asked if the owner/operator has filed all necessary paperwork associated with the operation of this site. Lorenz stated he is not aware of any issues with a state agency and the owner/operator has filed all paperwork that is required.

Mr. Robert Brown, appearing in favor of the request answered questions that were previous asked of Lorenz. Brown stated that he has never had any contact from a state agency about complaints or issues. Duckworth asked if he has any issues with the conditions of the 1999 decision before the board. Brown stated he does not.

Duckworth asked about the relationship with the Town. Brown stated there is a good relationship with the Town and there should be a letter of support in the exhibits.

Ms. Darlene Hill, Town Chair of Baraboo, appearing in favor of the request, stated that at their February meeting, upon the recommendation to approve the request of their plan commission, they moved to approve the request of the owner/operator.

Duckworth asked if the Town has ever received any complaints. Hill stated they have not.

Mr. Larry Volz, appearing in favor of the request, appearing as Supervisor of the area of the request, stated that he is in favor of the request and has never received any complaints.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:30 a.m. and the Board went into deliberation.

Duckworth reviewed the request and the ordinances. He stated that under the ordinance and the time frame, asked the board to renew the application for 10 years versus 5 years because of their relationship with the Township and them doing everything the Board has asked of them and feels they should reward businesses for doing things well.

The board discussed if that was allowed. White stated she agrees with changing the date of expiration.

Malin asked if change of ownership makes the permit void. Duckworth stated he doesn't see in the request that a change of ownership would terminate the permit and feels they are protected under #15 - enforcement and violations and feels this condition would offer the public protection if there is a change of ownership.

Sprecher feels that the Town should have been allowed to discuss having the permit for 10 years verses 5.

Malin asked if there are any criteria for extending the permit. Duckworth stated that his criteria is based on having great performance by the owner and having had no complaints in the last 10 years.

The Board asked the Town Chair to reappear and state her opinion on increasing the permit to 10 years versus 5. Ms. Hill stated that 10 years would be wonderful and stated that any change should be adopted by the full board and asked for some allowance to have the entire board consider the change.

Duckworth asked if the Board would approve granting a 10 year permit based on the approval of the Town Board. If the Town Board does not approve the permit goes back to 5 years.

Motion by Duckworth, seconded by Vogt, to approve the request with the conditions listed by Planning and Zoning with the change of permit expiration going to 10 years versus 5 years, subject to the approval of the Town of Baraboo. If the Town Board does not approve, the permit expires after 5 years. Motion carried 4-1, with Malin in opposition.

B. Carol Clement-Stanton, Russ Hansen (Agent) (SP-07-05). The applicant is requesting special exception permits pursuant to s.7.08(2)(b)4,10,13,17, and 20 to authorize the construction of a 200 unit campground with an amusement arcade, a miniature golf course, a volleyball court and a residence for the operator. The property is located in the Recreational-Commercial District and described as part of the E½, NE¼, Section 22, T13N, R5E, Town of Dellona, tax parcels 006-0441 and 0444.

Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request. Mr. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.

Duckworth asked about the condition relating to storm water. Lorenz stated it is illegal to revert storm water into the wetlands.

Duckworth asked about the developers agreement and covenants and asked about their status. Lorenz stated that he does not know if they have been recorded or not, and a new copy had been supplied by the applicant because of mistakes.

Duckworth asked if this was required by the County Board in order for them to rezone. Lorenz stated he does not know.

Mr. Russ Hansen, appearing in favor of the request, spoke of the restrictive covenants and that they were required to rezone the property that addressed the county concerns and stated that the only change was to the legal description of the land. He stated that he didn't believe it needed to be signed, but agreed to it and stand by it today.

Duckworth asked about #2 on Exhibit II,16, and Exhibit II,20 shows that they are going against #2 on Exhibit II,16. Hanson stated that is correct, however it is other structures such as the swimming pool and such, but no buildings. He also spoke of a redesign because of where the wetlands are located.

Duckworth verified that the buffer zone will have no activity done in it. Hansen stated that is correct.

Duckworth asked the applicant to talk about #6 on Exhibit II,16. Hansen stated that the operation will be on going from April 15 to October 15 with no winter storage of trailers.

White asked what is estimated for the fill rate of the campground. Hansen stated that the numbers they've received from the Wisconsin Dells area study, is that they would be about 30% full for the area, more on weekends than during the week.

Vogt asked if there were any projections into the future. Hansen stated that he has none other than for 2004, which is 75-80% on the weekends and less than 10% on the week days.

White asked if there are provisions in the operational plan for visitors to people registered in the campground. Hansen stated they have not made up rules to that yet.

Duckworth asked about the request for an arcade, which is not shown on the plans. Hansen stated it is part of the "Rec Room" building, and will be done in there.

Duckworth asked about the store and what they will be selling. Hansen stated they will sell minor camping supplies, food supplies, etc. Duckworth asked about liquor sales. Hansen stated they have not applied for a liquor permit at this time.

Duckworth asked about sports field night lighting. Hansen stated they will have sports fields, but will not have night lighting. Duckworth verified if the applicant wants the Board to address or not address in the motion. Hansen stated they don't feel they will need it. Duckworth verified with Hansen that he understands the Board will make its decision without considering the night lighting in the request. Hansen stated he understood.

Duckworth asked if all sites will be served with electricity and water. Hansen stated not all sites will be served.

Malin asked if they will prohibit things being brought into the campground such as hard alcohol. Hansen stated they would prohibit it as they are not running a party place. They may allow beer, but nothing else.

Duckworth asked why RV's will be allowed to be serviced by a sanitary system. Hansen stated that most RV's only have a 3 day tank and will be better for them to hook right into a septic system versus having to find a dump site to empty them.

Duckworth asked what additional services this will require from the Town or County. Hansen stated the only extra services would be for the fire department and police calls, however they have agreed to maintain the roads and septic system themselves. He also stated the work that is done to bring power in will be paid for by the property owner, and discussed turn lanes that would be the responsibility of the owners.

Duckworth asked where the nearest campground site is from this site. Hansen stated Christmas Mountain is the nearest at about a mile and a half down Coon Bluff Road and that there are approximately 27 campgrounds in the Wisconsin Dells area.

Duane Brooks, Town of Dellona Chair, appearing in favor, stated that the Board did approve the request and feel that it has been studied and good work has been done and all the permits are in place or started. He also stated that the covenants were part of the agreement to rezone the property and doesn't see why this would create any more county services than any other development.

White asked if they are going to change the Town's land use plan to allow for this kind of development, which currently does not allow for any new development. Brooks stated that on the next page it states they will allow them.

Carol Clement-Stanton, appearing in favor of the request, stated that the land has been in her family since 1947. She is on a limited retirement and this would be some type of security for her and is trying to do this in a way that is beneficial rather than destructive.

Duckworth asked about the operation of the campground by Russ Hanson and the land owned by Ms. Stanton. Stanton stated the business will be run and owned by Mr. Hanson, but the land will be owned by her.

Vogt asked how much more land is adjacent to the 80 acres to be developed. Stanton stated that she owns 200 acres and the adjacent land is owned by her, the other is Highway P and the other side is owned by someone else.

Vogt referred to Exhibit VI,2 and asked if the 40 acre parcel north of the Highway P and Beaver Creek Subdivision is owned by her. Stanton stated she owns property to the left and to the north of the 80 acres.

Vogt asked if there are plans to expand this operation. Stanton stated none at this time.

Mr. Franklin Brey, appearing in favor of the request, spoke of the storm water runoff and detention basin to collect all runoff from the site, the water will go to the wetlands, but will be detained before it gets there. He also spoke of the traffic study and future build out of the campground and there was a recommendation for a turn lane on Highway P - however that was prior to reducing to 1 driveway access rather than 2.

White asked if there is an agreement with the County for the developments of the turn lane. Brey stated there is not an agreement to the best of his knowledge, however if the Board requires that, they would file a permit app with the County to show the construction of the turn lanes and receive their approval on that.

Duckworth asked why the unit sites are served by sewer. Brey stated that they want to accommodate the RV units that would stay for 1 to 2 weeks at a time and not have to move their unit once they are set up to go to a dump site.

Vogt asked about the covenants and a single sign to be installed at the entrance, but it doesn't give the size of the sign and if there will be other signs along Highway P and how cluttered it will look. Brey stated he can't speak to that as they have not gotten to the detail of signage. However, with the 400 foot setback, it will not be obvious that there is a campground there and the need for a sign, but is not aware of any dimensions.

Mr. Paul Bremer, appearing in opposition to the request, presented Exhibit VIII, a letter in objection. Mr. Bremer then read the letter and stated that there are hundreds of people in opposition to the project and was ignored by the Town Board, and also spoke of the split votes at the Planning and Zoning Committee and County Board.

Vogt asked if there were any petitions signed. Bremer stated they were presented to Planning and Zoning Committee at least twice.

Malin asked where he resides. Bremer stated he lives in Beaver Creek subdivision. He also spoke of having a travel trailer and the need for a long stopping distance and feels the road and drive provided in the plans is not adequate for pulling into the driveway and doesn't feel that the RV sites are large enough.

White verified that the objection isn't 100% of the project? Bremer stated that they were 100% in objection to it, however the Town Board granted a blanket rezoning, so if a campground wasn't approved, they have the ability to put in a commercial business. He also spoke of the fact that the property taxes weren't paid for 3 years and the owner/operator has filed bankruptcy.

Mr. Lance Gurney, appearing as interest may appear, stated that the declaration of covenants, surfaced during the rezone process to make sure we get what is being presented, and should the Board consider this for approval, he requests that added to the conditions, a signed and recorded version of the covenance be done before any approvals or permits be issued. He also stated that a condition be added that all camping units be removed from the site by October 16 th of each year. He then spoke of storm water regulations and NR151 take effect and would like assurance that the plan adheres to those regulations. In response to Mr. Bremers concerns, the Board could ask for a letter of credit to be given which shows that if the project is started, there are finances to ensure that the work can be completed to a satisfactory level. He then spoke of the petitions in opposition during the rezone process and the hope that the buffer would eliminate some of the use issues the neighbors had and confirmed that the land use plan contradicts itself.

White asked about the original permit for 200 sites and asked if it has changed since they have received the application. Gurney stated he has not totaled up the number of lots.

Duckworth asked about Exhibit II,20, which states 156 total sites - phase 1. Gurney stated that when it was considered, the proposal was conceptual and discussed what the office looks at during the rezone proposal.

Duckworth asked if the Board can require restrictive covenants. Gurney stated yes, specifically since they have been promised as part of this proposal.

Duckworth asked who would enforce the items in the covenants. Gurney stated the owner and the Planning & Zoning office.

Vogt asked how much of the property adjacent to or in 1 mile ratio to this is zoned recreational. Gurney stated nothing within a 1 mile radios, however the Town of Dellona has numerous acreages in Rec/Rec-Commercial acreages, primarily Christmas Mountain.

Vogt spoke of the residential subdivisions. Gurney stated that there are clusters of residential lots and subdivisions.

White asked about Phase 2. Gurney stated that perhaps the northern 40 acres. He then spoke of the wetlands and Beaver Creek around the property which would make any expansion completely separate from the current project.

Mr. Russ Hansen, reappearing in favor, stated that his bankruptcy was related to his divorce and is no longer in effect. He also spoke of the road sketched in to allow for the other sites, and there will be no Phase 2, referring to Exhibit II,20 showing the dotted road that presses up against the wetlands, where the additional sites would be placed.

White asked what type of sites would be located there. Hansen stated that they would be rustic sites as they would not be given sewer.

White asked about finances. Hansen stated they have them and would provide a letter of credit.

Duckworth asked how the land ownership and business ownership will work. Hansen explained that the land will be leased to him/his company by his mom/her company and used as collateral for the loan.

Malin asked for a timeline. Hansen stated that upon approval and the permits from Planning and Zoning they could start building structures and work on the sites during the summer. The front part would be done and then work on sites throughout the summer, rent out the sites during the weekend that were available and then work on the sites during the week when no-one is there and feels all work could be done by June/July of 2005.

Malin verified that the finances are available to complete the project. Hansen stated there are finances available to complete and will have the permits applied for once approval is given.

Malin asked again if they are sure they will not run out of money half way through the project. Hansen stated that it will cost around $1 million to complete the project and the bank will provide the financing for the project to completion. He also confirmed that the sketched in road and additional 40 sites will be completed this year as part of the final project as well.

Mr. Bill Johnson, appearing in favor of the request, stated that he represents the company that will be an investor in the project and the construction company that will be in charge of building the project.

Seeing as no one else wished to appear, Duckworth closed the public portion of the hearing at 10:40 a.m. and the Board went into deliberation.

Duckworth reviewed the ordinance and the request, with the applicant withdrawing the outdoor lighting, but can be debatable.

White stated to protect the public interest, the Board needs to put something in for a roadway plan on Highway P, working with Sauk County Highway Dept to get a plan together for turn lanes and adequate access. She also stated she would like a letter of credit provided.

Duckworth asked if it will be acceptable that Planning and Zoning get some type of letter/improvement permit from the Highway Department.

Vogt asked if this was addressed at the Planning and Zoning Committee and/or County Board. Sprecher stated there was a letter from the Highway Department regarding traffic.

Vogt stated it is obvious that this proposal has been kicked around a lot and has gone through several boards to get this far.

Duckworth stated that the county and the service providers stated they don't see an increase to the services they already supply or having significant injury to the public health and safety.

White asked if there is a note stating what Planning and Zoning wanted included in the conditions. Duckworth reviewed the requests that were made by Gurney.

Motion by White, seconded by Sprecher, to approve the request with conditions listed by Planning and Zoning, plus the added condition(s) of requiring a letter of credit for the completed project costs, turn lanes on County Highway P to access the property, at the expense of the campground owners, the project must be completed within 2 years and the covenants must be signed and recorded at the Register of Deeds Office, and must be changed to show that all units are removed by October 16 th each year before any permits are granted and construction begins. Motion carried 5-0. No action was taken on the outdoor lighting as that part of the request had been withdrawn by the applicant.

C. Lynne Yauchler (SP-08-05). The applicant is requesting a special exception permit pursuant to s.7.05(2)(a) and s.7.03(2)(n)1 to authorize the operation of a bed & breakfast establishment. The property is located in the Agricultural District on real estate described as S1472 McKinney Rd, part of the SE, NE¼, Section 20, T13N, R3E, Town of LaValle, tax parcel 024-0519.

White asked if this was subject to a septic inspection before permits are issues. Lorenz stated it is in the conditions.

Duckworth asked if the owner is required to live on the property to have a bed and breakfast. Lorenz stated they do.

Ms. Lynne Yauchler, appearing in favor of the request, stated that it is a family farm and the grown children are close and right now the house is a 2 family house and would like to turn it into a bed and breakfast. She stated there should not be any impact on the neighbors other than a few cars going down the road and the people coming out there would be interested in the quietness of the setting.

Duckworth asked if they have been to the Town Board. Yauchler stated they had.

White asked if the owners have a permit to have a 2 family home. Yauchler stated she does not have a permit for a 2 family home. She then stated that she has a small apartment, her son and daughter in law have a small apartment and then share the facilities. She also stated that the house has already been remodeled and the septic has been redone.

Duckworth asked if she has read through the ordinance for what the county requires for a Bed and Breakfast and if she can accept those requirements. Yauchler stated she can follow them.

Malin asked about the septic and if it is big enough to handle the new use. Yauchler believes it is big enough. They also spoke of adequate parking.

Sprecher asked how many rooms will be made available for bed and breakfast. Yauchler stated 4 to 5 depending on the demand.

White asked about the length of the special exception permit being 5 years and then back for renewal. Yauchler stated she agrees with that.

Duckworth asked if she knows of anyone that feels this is a bad idea for the area. Yauchler stated she does not.

Mr. Ed Bodendein, appearing in favor of the request, stated that the Town Board approves and supports this request and spoke of the location.

Ms. Karen Geitz, appearing in favor of the request, stated that it will be a great place and well taken care of.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 11:12 a.m. and the Board went into deliberation.

Duckworth reviewed the request and the ordinance.

Motion by Vogt, seconded by Malin, to approve the request with the conditions listed by Planning and Zoning. Motion carried 5-0.

The Board recessed for 3 minutes.

D. Ray Zobel & Sons, Inc. (SP-09-05). The applicant is requesting a special exception permit pursuant to s.7.05(2)(k)19 to authorize the renewal of a special exception permit to continue the operation of a limestone quarry. The property is located in the Agricultural District on real estate described as: part of the N½, SW¼, SW¼, SW¼, Section 19, T12N, R4E, Town of Reedsburg, tax parcels 030-0706, 0707, 0708 and 0709.

Duckworth asked if Planning and Zoning has received any complaints. Lorenz stated the office received 2 phone calls stating that crushing was taking place after hours. He stated that when inspected by staff there were temporary lights and a generator left running to service the lights.

Duckworth asked when Planning and Zoning visited the quarry over the past 5 years, if anything was ever noted. Lorenz stated he is not aware of any.

Duckworth asked if Planning and Zoning has ever been contacted by a state or federal agency and if all paperwork has been submitted by the applicant to operate the quarry. Lorenz stated that no calls have been received by any state or federal agency and they have submitted all paperwork.

Ed Zobel, appearing in favor of the request, stated that they have never had any trouble with the neighbors and have always gotten along with the Township. He spoke of the generator that runs at night to run electric to the facilities and provide security lights and has been that way since 1990 and crushing always take place in January and February and when the crushing is done the generators leave.

White asked about fixing the roadways. Zobel stated they do fix the roads.

Duckworth asked if they have been notified by anyone at the state or federal level and the town board has not complained about anything. Zobel stated he has not.

Duckworth asked about the conditions from the 1999 conditions. Zobel stated the conditions are fine, but it would be nice if they could do a 10 year instead of 5.

Duckworth stated that in the application they are asking for a change in conditions, referring to Exhibit II,2, they are asking for 24 hour maintenance, Monday through Saturday and the permit they are operating under now has a restriction 6 a.m. to 11 p.m. on maintenance. Zobel stated that the previous hours are ok.

Duckworth asked about the generator. Zobel explained the use of the generator and that it is in good shape and is not any nosier than a vacuum in your house.

Malin asked why they wanted to go to 24 hours for maintenance. Zobel explained that night maintenance works better to operate the next day, however, the hours in the 1999 permit are fine.

Linda Borleske, appearing in favor, stated that she is the County Supervisor for the area, Town of Reedsburg Plan Commission Chair, and stated that the commission approved the quarry and feels it is an asset to the Township and is included in the Comprehensive Plan and the Town Board request the renewal of the permit for 5 years and feels the Board should consider approving their permit for 10 years.

Ed Brooks, appearing in favor of the request, stated that he is the Chair for the Town of Reedsburg and they did approve the request and has never received any complaints about their quarry.

Matt Bremer, appearing as interest may appear, spoke of the complaints received by Planning and Zoning.

Duckworth asked if anyone has talked to him about the operation of the quarry other than the 2 phone calls and if they give their reports on time. Bremer stated that he has not received any complaints and they do turn in their reports on time. He also stated that he never looked at any payroll records, but spoke to a foreman who guaranteed that no overtime would be paid.

Duckworth asked about inspections. Bremer stated they discuss general operational issues as they arise.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 11:43 a.m. and the Board went into deliberation.

Duckworth reviewed the request and the ordinance and suggested renewal the 2000 decision letter, be extended for 10 years versus 5, but also put in the clause that this year limit is subject to approval from the Town of Reedsburg.

Motion by Duckworth, seconded by Sprecher, to grant the special exception permit request with the conditions listed by Planning & Zoning with the permit expiration years to be set at 10 years, versus five, upon the approval of the Town of Reedsburg. Motion carried 4-1 with Malin in opposition.

E. Kirk Nelson, Matthew Filus (Agent) (SP-10-05). The applicant is requesting a special exception permit pursuant to s.7.10(2)(b)4 to authorize the location of an existing pond within 300 feet of lot lines of a proposed certified survey map. This property is zoned Resource Conservancy District 35 on real estate described as: S6397 County Road PF, part of the SW¼, Section 21, T11N, R5E, Town of Freedom, tax parcels 016-0441, 0443, 0445 and 0446.

Duckworth confirmed the reason for the certified survey map and the request. Duckworth also stated that if all the lands are owned by the same person, it isn't going to cause any hardship to the neighbors because the owners will be the neighbors. Lorenz stated he doesn't know what the ownership of the property will be.

Matt Filus, appearing in favor of the request, stated that he is the agent for the applicant and is the surveyor that prepared the CSM and explained why it was done so.

Duckworth asked the age of the pond. Filus stated that the pond has been there since the 1970's.

Vogt asked if there is inflow and outflow or if it is from an underground source. Filus stated his work was done while the pond was in a frozen state, but did not view any type of outflow for the pond and believes it is merely from groundwater.

Malin asked about RC 35 zoning. Filus explained the farm consolidation rules. Malin asked if the owner was required by anyone to consolidate.

White asked if this is for the purpose of a sale. Filus stated that he believes at some point, lot 2 could be sold, however it is nearly 80 acres. The purpose of the map is for a farm consolidation.

Sprecher asked if the 5 acre lot is connected to a road or easement. Filus stated there is an easement that gives the property access to County PF. He also stated that the Town of Freedom approved the CSM.

Vogt asked if the buildings will be used for a farm operation. Filus stated that he would let the property owner speak.

Mr. Kirk Nelson, appearing in favor of the request, stated that the CSM is an attempt to comply with the farm consolidation guidelines. He also spoke of an outlet pipe and springs located within the pond.

Vogt asked if it is a working farm. Nelson stated it is not, they live in the house and rent out all the farmland and the barn is not used and the shed is used for storage.

Lance Gurney, appearing as interest may appear, stated that he could not approve the CSM because of the setback issues and spoke of the conditions - if the intent is to leave the pond as it is, the conditions don't make sense. However, the conditions were added incase the land owner wishes to excavate the pond in the future, that they obtain the necessary permits and have inspections if need be.

Duckworth verified that the 300 foot setback was the question before the board. Gurney stated that was correct.

White verified that they have a pond and need to approve the lot line.

Mr. Robert Kasche, appearing as interest may appear, asked what the use of the land will be in that area. Duckworth stated they are only looking at the lot line.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 12:03 p.m.

Duckworth reviewed the request and the ordinance and believes that a pond this size will have no impact on the neighbors.

Motion by White, seconded by Sprecher, to approve the request with the conditions listed by Planning and Zoning. Motion carried 5-0.

The Board adjourned at 12:05 p.m.

Respectfully submitted,

Halsey Sprecher

Secretary