PRESENT: Bruce Duckworth,Halsey Sprecher, Ben Malin, Richard Vogt, Linda White
STAFF PRESENT: Lance Gurney, Mary White, Dave Lorenz
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 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 Vogt, seconded by White. Motion carried 5-0.
The Board adopted the agenda for the March 24, 2005, session of the Board on a Motion by Sprecher, seconded by Vogt. Motion carried 5-0.
Motion by Vogt, seconded by Sprecher to adopt the minutes from the February 24, 2005. Motion carried 5-0.
COMMUNICATIONS: None
APPEALS:
A. Pam & Doug Halverson, (SP-11-05). The applicant is requesting variances pursuant to s. 8.06(1)(c)2 and 8.05(3)(c) to authorize the removal of an existing nonconforming cottage and then build a new residence within the minimum road setback on a substandard lot. The property is located in the Shoreland District, on real estate described as: S7630 All Brite Rd., lot 4, All Brite View, part of the SE ¼, SE ¼, section 3, T10N, R7E, Town of Merrimac, tax parcels 026-0841.
Dave Lorenz, Environmental and Zoning Specialist appeared and gave the history and back ground of the request. He then reviewed the photos and video of the site. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board. Sprecher asked how wide the road was at this property. Lorenz responded it was 50 feet on the recorded plat.
Pam Halverson, owner, appeared. She explained the unnecessary hardship was the lot was too small to maintain proper setbacks. She explained that the way the structure was not livable due to major safety features, electricity, part of the structure was rotting and the roof was sagging. The approximate cost of the repair would be about $40,000.00. She said that Grothman and Associates had redesigned a new structure, but couldn't meet road setbacks. There were other structures in the neighborhood that were within the setback distance. A new structure would improve the neighborhood and it could be used all year around. The Committee reviewed Exhibit II-6 and questioned if the new structure would completely cover the building envelope as shown. The Committee reviewed setback distances as proposed. Malin asked if a variance would be needed if the existing structure was just replaced, not enlarged. A variance would still be needed. Vogt asked if there were any plans by the town to widen the road. This was a dead end road and there were not any plans on widening by the town at this time. The proposal was not officially presented to the town because the owner had been told to take it to the county first.
Ed Osowski appeared in favor. He stated the current house was very small and it was on a dead end road with little traffic. The Committee discussed how other homes in the area were situated.
Bud Domagata appeared in favor. He stated this project would be an improvement to the neighborhood.
Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 9:35 A.M.
Duckworth stated that this request was not contrary to public interest. This was an old subdivision and the new structure would meet both water and sideyard setbacks. The new structure would be safer and would add to the tax base of the town. Motion by Duckworth, seconded by White to approve the variance with the conditions as stated by the Planning and Zoning Office with the exception of changing the time period for completion from one to two years. Malin asked if the Town of Merrimac would have any approval authority. They have been notified and did not choose to submit any decision. Motion carried, 5-0.
B. SWS, LLC. and Lawrence & Jeanette Meade, (SP-12-05). The applicant is requesting a special exception permit pursuant to s. 8.08(3)(a)1 to authorize filling and grading on slopes of more than 20% to level an area between two lots. The property is located in the Shoreland District and described as: lots 12 & 13, Lake View Estates, part of the SE ¼, NW ¼, section 8, T10N, R7E,Town of Merrimac, tax parcels 026-1284 & 1285 .
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. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
White asked how SWS, LLC had done on completing other projects and what was the reasoning for this request. She also asked what would be needed to build a boat house on this lot.
Brad Boettcher, representing SWS, LLC appeared in favor. Boettcher explained that he was standing in for Ron Steiner of General Engineering. He stated that there would be a minimum disturbance to the lot in creating a boulder wall. There would be no impact to the water as the work was not going up to the water's edge. Boettcher was asked what he was planning on doing with the dirt removed from the site. He stated that it would either be placed on lots 12 or 13 or removed from the site. The proposed retaining wall would be 3 to 4 feet high. Duckworth requested Boettcher to supply accurate measurements for the project. Water access was briefly discussed. There would not be any steps going down to the water.
Tree cutting along the water was also discussed. Boettcher stated that the trees that had already been cut were cut prior to the subdivision being developed.
Seeing no one else wished to speak the public portion of the hearing was closed at 10:05 A.M.
Motion by Vogt, seconded by Sprecher to approve the special exception permit to authorize filling and grading with conditions as required by the Planning and Zoning Office. Motion carried 4-1, with White in opposition.
C. James & Lora Jones and SWS, LLC., (SP-13-05). The applicant is requesting a special exception permit pursuant to s. 8.08(3)(a)1 to authorize the filling and grading on slopes of more than 20% to level an area between two lots. The property is located in the Shoreland District on real estate described as: lots 15 & 16 Lake View Estates, part of the SE ¼, NW ¼, section 8, T10N, R7E, Merrimac, tax parcels 026-1287 & 1288.
Dave Lorenz, Environmental and Zoning Specialist appeared and gave the history and back ground of the request. He then reviewed the photos and video of the site. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Brad Boettcher appeared in favor again. He stated that this was a similar project as the Committee had just reviewed. Duckworth asked if they were going to grade down to the water line. Boettcher answered no. Duckworth asked about the dirt that was being moved. Boettcher stated that if it was not going to be used on the lot itself, it would be removed.
Seeing no one else wished to speak the public portion of the hearing was closed at 10:25 A.M.
Motion by Vogt, seconded by Sprecher to approve this special exception permit with conditions as stated by the Planning and Zoning Office. Motion carried 4-1, with White in opposition.
D. Lindsay Faber, (SP-14-05). The applicant is requesting special exception permits pursuant to s. 8.07(5) and 8.08(3)(a)1 to authorize clearing in excess of 25% of a shoreline and filling and grading within 300 feet of a navigable creek . The property is located in the Shoreland District on real estate described as: E2681 Bluebird Rd., lot 16, Bluebird Springs, part of the NE ¼, NW ¼, section 18, TAN, RE, Town of Bear Creek, tax parcel 004-0273-16.
Dave Lorenz, Environmental and Zoning Specialist appeared and gave the history and back ground of the request. He then reviewed the photos and video of the site. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
White asked how the office found out about this clearing and Lorenz was unclear. The stream bed had not been lowered, banks had been modified and there were no silt fences in place.
Lindsey Faber, owner, appeared in favor. He stated that basically they had pulled dirt back from the stream. There were weeds growing on one side and it was cropped on the other. He said that the banks had been 3 to 4 feet high and were cut down so there should be less erosion now. Entered 8-1 as Exhibit.
Duckworth asked about a silt fence. Faber responded that it was mulched and seeded with rye. Vogt asked what were their original plans for the property. They had planned to crop one side and mow the other. Sprecher asked again about the banks. He stated that the banks had been cut back gradually. Vogt asked why he was planting pine trees. Faber stated that he was told he couldn't mow it so he wanted to plant trees. Gurney appeared and the planting plan was discussed as well as how close to the stream the property could be cropped.
Vogt stated the options would be to plant trees and shrubs or put some of it to wet prairie. The prairie could not be mowed. Malin asked what would be the easiest way to restore the property.
Lindsey Faber appeared again. The type of plantings was further discussed.
Seeing no one else wished to speak the public portion of the hearing was closed at 10:55 A.M.
Duckworth stated that this was an after the fact grading project and just because it was done does not make it acceptable. Duckworth suggested it be put back the way it was because the property owner wouldn't have been given a permit for this project in the first place. White stated that planting the trees in a grid was also not right. Vogt stated the banks would rebuild themselves.
Motion by Duckworth, seconded by White to deny this special exception and within a year to return the slope to what it originally looked like using up and down stream as a model. Vogt stated that the banks up and down stream may not be the quintessential stream banks either. Vogt felt again stated that the banks would rebuild themselves. Malin questioned disapproving the petition and putting conditions on the disapproval. Sprecher agreed with Malin. The motion was called 2-3. The original motion failed. Motion by Vogt, seconded by Sprecher to approve the petition with the conditions as set forth by the Planning and Zoning Office or with a new plan being developed by an outside private consultant in conjunction with the County Conservation Department. Malin stated it should be restored but not necessarily better than it was originally.
Duckworth asked who should approve the plans. It was decided that the Planning and Zoning Office was to approve the restoration with a time limit of within one year.
The next hearing was begun at 11:20.
E. Patrick Frey, (SP-15-05). The applicant is requesting a special exception permit pursuant to s.7.05B(2)(b)3 to authorize the location of ponds within 300 feet of property lines and the road as part of a wetland restoration project. This property is zoned Exclusive Agricultural District on real estate described as: part of the E ½, NE ¼, section 32 and W ½, NW ¼ section 33, T10N, R4E, Town of Franklin, tax parcels 014-1022 & 1051.
Dave Lorenz, Environmental and Zoning Specialist appeared and gave the history and back ground of the request. He then reviewed the photos and video of the site. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Rick Frey, owner, appeared and gave a short explanation of the project. He stated that the Town of Franklin had approved the request, 7-0. Duckworth asked what negative effect the project would have on the neighbors. Frey responded that there was no effect. It will look better and supply more wildlife habitat.
Joe Prem, Town of Franklin Chair, appeared in favor. The Town held a public hearing and notified surrounding property owners. Mosquitoes, wildlife and run off were their major concerns. The Town Board's decision was that the last ditch should be maintained to prevent run off on adjoining property owners's land.
Jen Stewart, Sauk County LCD, appeared as interest may appear. She said the project was done to Department standards and would have no impacts on adjoining property owners.
Seeing no one else wished to speak the public portion of the hearing was closed at 11:40 A.M.
Motion by Sprecher, seconded by Malin to approve the request with county conditions as specified and the applicant is responsible for keeping the lower ditch open as requested by the Town of Franklin. Motion carried 5-0.
F. Duane & Kathy Tinsley, Harlan Olson (agent), (SP-16-05). The applicant is requesting a special exception permit pursuant to s. 8.08(3)(a)3 to authorize filling and grading in excess of 4000 sq. Ft. Within 300 feet of the lake as part of the construction of a residence. The property is located in the Shoreland District on real estate described as: S632 Cheyanne Ct., lot 22 Jay addition to Lake Redstone, part of the NW ¼, NE ¼, section 12, T13N, R3E, Town of La Valle, tax parcel 024-1890.
Dave Lorenz, Environmental and Zoning Specialist appeared and gave the history and back ground of the request. He then reviewed the photos and video of the site. Lorenz concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Duckworth asked if it looked like the previous approved plans were followed.
Harlen Olson, general contractor, appeared in favor. He stated that no fill had been brought in.
Steve Sorenson from the Planning and Zoning Office had contacted Olson regarding grading on more than 4000 square feet. Olson stated that no more fill would be added to the lot. Vogt was concerned about a drainage swale on the property.
Mark Zobel appeared in favor.
Duane Tinsley, owner, appeared in favor and briefly described the drainage pattern.
As no one else wished to speak the public portion of the hearing was closed at 12:05.
Motion by Duckworth, seconded by Sprecher to approve the request with the conditions as specified by the Planning and Zoning office and that the drainage ditch is to be maintained. Motion carried 5-0.
Respectfully submitted,
Halsey Sprecher, Secretary