Board of Adjustment Meeting Minutes

April 28, 2005 Session of the Board

PRESENT: Bruce Duckworth, Chair

Ben Malin, Robert Roloff, Richard Vogt, David Wernecke

STAFF PRESENT: Gina Templin, Dave Lorenz, Matt Bremer

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 Roloff, seconded by Vogt. Motion carried 5-0.

The Board adopted the agenda for the April 28, 2005, session of the Board on a Motion by Malin, seconded by Vogt. Motion carried 5-0.

Motion by Vogt, seconded by Malin to adopt the March 24, 2005 minutes. Motion carried. 4-0 with Roloff abstaining.

COMMUNICATIONS:

Duckworth spoke of a copy of a letter from Planning and Zoning to a previous requestor about their lack of erosion control as directed by the Board as a condition of their approval.

DISCUSSION, POSSIBLE ACTION OF WRITTEN POLICIES AND PROCEDURES:

The Board reviewed new applications and a town's submittal letter, as directed by the Board during their February meeting.

Wernecke asked about the Town acknowledgement form and what requirements could be put on the towns to inform adjacent landowners. Duckworth explained.

Motion by Roloff, seconded by Wernecke to approve new forms and direct Planning and Zoning to start incorporation. Motion carried 5-0.

APPEALS:

A. Gene and Shirley Harms, (SP-17-05), requesting a special exception permit pursuant to s.7.10(2)(b)7 to authorize the renewal of a permit to operate an agricultural related business (the sale of used farm equipment).

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.

Vogt asked about the permit issued in 1995 and why its been so long since they've come back. Lorenz stated he believes there was a permit issued in 2000, however no file can be found.

Duckworth asked if he is in compliance with the conditions that are listed. Lorenz stated that he is for the most part. He stated no fence has been constructed to store salvage material and he has not removed all non-agricultural material from the display area.

Malin asked if the equipment was set back 110 feet from the road. Lorenz stated he would estimate that he was in compliance with the setback.

Wernecke asked about the recommendation about the sale and display of farm related equipment. Lorenz stated there is equipment there that is not farm related equipment that does need to be removed.

Vogt asked about the screening requirement. Lorenz stated that only fencing for the north side for salvage material.

Gene Harms, applicant, appearing in favor of the request, stated that he is asking to renew the permit for another 5 years and hopefully this will be the last request. He also feels they do a service to people who can't afford higher priced equipment.

Duckworth asked what is being done with the equipment that is being junked out. Harms stated he takes it to a salvage place in either Portage or Dane.

Duckworth asked if the anti-freeze and oil are properly disposed of. Harms stated they do the best they can with that.

Malin asked if that type of work is done in the display area or if it is done in a barn or something. Harms stated it is usually done outside, but otherwise taken to the person that does the repair work.

Wernecke asked if he agrees with the recommendation of the Planning & Zoning Department in terms of this permit. Harms stated he does agree with them.

Duckworth asked if he has received any complaints from the Town Board or anyone. Harms stated he has not and went to the Town Board and they approved it.

Darlene Hill, Chair Town of Baraboo, appearing in favor, stated that the Town needs Mr. Harms and his business, as he deals in small inexpensive farm equipment.

Duckworth asked if the town received any complaints. Hill stated they have not.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:23 a.m. and the Board went into deliberation.

Malin requested incorporating the conditions of the 1995 decision.

Motion by Duckworth, seconded by Wernecke, to approve the request with the conditions listed by Planning and Zoning, as well any additional conditions from the 1995 decision. Motion carried 5-0.

B. Darrell Klingenmeyer, etal and The Kraemer Co LLC, requesting a special exception permit pursuant to s.7.05(2)(k)19 to authorize the renewal of a permit to operate a mineral extraction site.

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 an adjacent quarry owned by a different owner but operated by the same company. Lorenz stated he is unsure, but Mr. Bremer could answer that.

Duckworth asked about the operation of the quarry done per the standards in their previous decision letters. Lorenz stated he believes they have but suggested asking Matt Bremer.

Wernecke asked about complaints. Lorenz stated to ask Bremer.

Matt Bremer, appearing as interest may appear, stated they have been working within the conditions of the decision letters and he has inspected their site many times. He also stated that there is an adjacent quarry with separate entrances and two distinct properties under 1 operation, and under 2 different BOA applications.

Roloff asked if he has received any complaints. Bremer stated he has only received questions and no problems with blasting.

Wernecke asked if Planning and Zoning is keeping track of well monitoring. Bremer stated he is not required to keep up with the well monitoring, but at the same time he has never received a complaint on them either.

Dick Marino, the Kramer Co. LLC, appearing in favor of the request.

Duckworth asked how this request is different from the request from 5 years ago. Marino stated the request shouldn't be changed. He also addressed surveys and well monitoring that was done and they are on file for review. He then discussed some of the background of the quarry operation and working with the Planning and Zoning office in regards to making sure there is no violation to the conditions of their previous approvals. He also discussed meeting with the Town Board and their request to change the hours of operation to match the Weitzel property hours of operation, which they will do.

Malin asked about the depth of the quarry. Marino stated that on Exhibit II,5, the lower level goes down to about 15-20 feet and the upper bench goes down another 70 feet, and they can go deeper if necessary.

Malin asked how deep can you go before the ground water is affected. Marino stated the ground water in that area may not have been mapped yet, but the groundwater goes through fizzers there and cannot operate the quarry in a wet environment. Off the top of his head, he can't tell you how deep the groundwater is.

Duckworth suggested looking at Exhibit II,18 which describes the depth of the next 10 years of their operation.

Vogt asked, referring to Exhibit II,19-21, the pond on the north side with 875 elevation, what is that pond? Marino stated that pond had been originally designed by the original operator as a holding pond for the water from their wash operation and it is not used by them and they have other settling ponds that can be used away from that area.

Malin asked about berms put around the storage tanks. Marino stated those storage tanks are for fuel just for the operation, put a berm around them and fill up their equipment from them and they are just a couple hundred gallons on an elevated stand.

Wernecke asked about Exhibit II,19 and how close to the property line the west quarry will be coming. Marino stated that if you look at the west line, some of the west quarry extends over the line onto property they have a lease on for another operation.

Wernecke asked about Exhibit II,18 and if that is towards eventual reclamation of the site. Marino spoke of the NR135 plan that is filed with the county that reviews all reclamation activities and there is ongoing reclamation in the area and have worked with the landowners and the county to confirm all reclamation plans.

Roloff asked about the letter from the Town Board in reference to operation hours and then conditions from the previous permit under item #13 and does operations include maintenance. Marino stated that maintenance is a separate entity for them and so that everything is consistent, they would use all of the hours for all of the different segments that come from the Weitzel permit and use those hours versus the hours that have been requested here today. Drilling 6-6 mf, blasting 8-4, mf, loading and trucking 6-9 mf, 6-12 s, crushing and processing from 6-6 mf, 8-12 sat and then maintenance is 24 hours on Monday through Saturday.

Roloff clarified that they would make both special exceptions the same as far as hours. Marino stated that is right and at the time of the Town Board meeting they had already submitted their material to the county.

Wernecke asked about the water thing being a requirement in the 1990 permit, but not the 2000 permit and asked if they have plans to do another baseline of that. Marino stated that in that case they've never had any problems with the wells and don't anticipate any problems and should their be any problems, they would address it individually.

Duckworth asked about complaints, violations, or concerns from any governmental agencies that oversees the operation. Marino stated he is not aware of any, however they met with the DNR concerning water issues, but that was just for storm water discharge issues, but never any official citations or anything like that.

Duckworth asked if he has been made aware of any other concerns. Marino stated he has not been.

Wernecke asked about Exhibit III-4, #15, in terms of the ongoing reclamation activities and have you been successful in maintaining sod cover. Marino explained that it is a review process that is done once an area is deemed reclaimed and they are not into that phase yet, but in their NR135 permit it addressed that more completely. Ongoing reclamation right now consists of stockpiling and getting it ready.

Wernecke stated then at this point, your ongoing reclamation process hasn't started yet. Marino stated that is correct.

Roloff asked if there have been any complaints about traffic and trucking. Marino stated one of the neighbors called about trucks going too fast, and believes they addressed that. He stated that if any trucks violate their speed limit, they deal with it.

Mr. David Gibbs, appearing in opposition, stated that he requests that the board brings the Klingenmeyer and Weitzel pits be brought together as in the hours of operation and the limit of extraction.

Malin asked how much you think this should be limited to. Gibbs stated he doesn't know.

Malin asked if you limit it, what does that achieve for you. Gibbs stated that prevents it from getting too big. Malin also asked where his property is in relation to the site. Gibbs stated he is 1,370 feet away from the pit (as marked on the east side of the map).

Roloff asked when you suggest an amount of material be brought in line as the same as the Weitzel property, are you asking for the overall amount or the same amount for each property. Gibbs stated that he would like the overall amount used.

Greg Prosser, appearing in opposition, stated that he is the nearest property owners to the entrance of the Klingenmeyer quarry and were there before the site operation began and feels their property rights have been infringed on since 1990 and feels their property values have been affected. The dust from the quarry operation and the trucking gets bad when they are going full force. Also feels the dump trucks coming up and down the road are dangerous and the empty trucks are typically going faster than 35 miles an hour. He then showed a map of all the quarries in Sauk County.

Malin asked if reducing the operating hours will address some of the problems? Prosser stated their hours of operation were the same as 2000 and there was so much opposition to the quarry they addressed the hours.

Malin asked about the road. Prosser stated that Kraemers' widened the road and upgraded it.

Wernecke asked if they have filed complaints with Planning & Zoning. Prosser stated they only did once last year.

Matt Bremer, reappearing, mentioned to the Board spoke of the confusion of single operation and dual properties, the Weitzel portion of the pit is not noticed and not under review at this time. If the hours want to be reviewed that is fine, but nothing can be addressed.

Mr. Dick Dana, appearing in opposition, stated that he feels this is an administrative mess and presented Exhibit IX,1 which is his version taken from Sauk County ordinances and feels that quarrying in the Baraboo Hills is in violation. He also presented Exhibit X, 1-4 which shows property owners affected by the quarrying activities and these people that signed this petition in 2003 that had to deal with the Weitzel/Boll quarry pit, not this particular petition, but feels that most of them probably still feel the same as they did back then. He then presented Exhibit XI, 1, which is the Highway 33 expansion that used tonnage from the site. He also presented Exhibit XII, 1 an article speaking about high-speed rail from 2003 and the fear that of this site becoming a great big industrial operation.

Malin asked if the people behind the petitions were aware of the density of quarry operations when they bought their properties. Dana stated they didn't know about the quarries.

Vogt asked about Exhibit X, 1 and what the red circle are. Dana explained.

Wernecke asked if the operation should be at the same scale as the Weitzel/Boll as far as hours of operation and then tonnage. Dana stated that is correct, however he would also request this permit is only good for 2 years and then combine the two site.

Malin asked how the limit number was arrived at and what he would propose for the extraction limit. He asked why propose a number and how you arrived at that number. Dana said he isn't sure and would prefer the number be limited to 10 if he had his choice.

Mr. Harold Dallman, appearing as interest may appear, stated that he's heard talk about property rights and is beginning to wonder weather or not the property rights of the owners are being infringed upon on trying to stop the operation of this on their property. He also stated that as far as the people on the map that was presented, roughly half of the township is not in the Baraboo Hills and they are not opposed to it. The Board made their decision based on the number of people they represent, versus just listening to those opposed to the trucks and the beeps. He also stated that the town uses the material from that site and feels it would be a burden to the town to go to someone else's backyard to get the materials for their roads and don't want to pay the excess fees associated with going somewhere else. He then stated that the Kraemer's have been very good operators and worked very well with the town.

Vogt asked about Granite Drive and if it is a true road. Dallmann stated it is a dead end road and isn't much over a mile and ½ long, which they take care of themselves and maintain.

Wernecke asked about the hours of operation request from the Town Board and did they consider or discuss the scale of the operation. Dallmann stated that their opinion of the hours of operation decision was made based on not being able to tell which quarry pit they were in and felt that it should be consistent to avoid a lot of confusion based on which site they were in. He then stated that no discussion of the scale of material took place.

Vogt asked about Exhibit X,1, and looking at the clusters of residences, are these adjacent to existing quarries. Dallmann stated they are mostly up on the hill and not directly next to the pit. He also stated he has talked to town residents about the blasting and they stated they can hardly hear it. For those living right next to the pit, they could hear it. He also stated that other than the ones complaining here today, he has received no complaints.

Laurie Lindell, appearing as interest may appear, stated that she lives pretty close to the quarry as well, and did call the Kramer Co in regards to the trucks going too fast. She also suggested making a road come out onto Highway PF and said that the Kramer Co calls 2 days before the blast and the day of the blast and are good about making sure they are aware of what is going on in the quarry. She then stated that she built a brand new house there and did a blasting test, go through your house to determine if any damage has been done because of blasting and will come out if any damage has been done.

Vogt asked where she lives in reference to the quarry. Lindell stated that she is the only house on the right hand side of the road right before the quarry, which is about 1,850 feet away. She also spoke of the pond flooding up to their driveway.

Dick Marino, reappearing in favor, stated that when they appeared at the town board, they were aware of the conditions that had been put on the other property, they avoided any type of limitations, because if they had a limitation on the other property, the remainder could be taken from the other property. They are opposed to limitations because that would put them at a competitive disadvantage and no other sites in the county are restricted with limitation and don't feel you should single them out. He also stated that the Town is very happy with them and have worked well together. He then stated that the reason they are in that quarry is that they have to go where the rock is and spoke of the Sauk County 20/20 plan, and felt that it was necessary to go to existing operations rather than going to new and that is what they have tried to do. The marketplace decides on how much one uses at any given point and stated he has not seen any of the outlines submitted. They have an existing operation, there has always been a quarry there and whether it is small today that is up to the marketplace.

Duckworth spoke of 3 concerns. One is the trucks traveling too fast on Granite Road. Marino stated they have talked with the Town, they have posted speed limits inside the quarry, and have tried to talk to the Sheriff and who-ever and have no problem with stopping these people and giving them tickets. If anyone sees a truck speeding or has a problem with how they are driving, get their name and number and call them and it will be addressed.

Malin asked how the trucks are paid. Marino stated the trucks are paid by the hour, so there is no need to speed.

Roloff asked about jake-brakes. Marino stated that he would be fine to put up a sign stating no drake-brakes, and they are for the purpose of emergency braking only. If people do not follow their rules, they will not be allowed in their quarries.

Duckworth asked about the Klingenmeyer quarry to adopt the same hours of operation that are on the Weitzel quarry. Marino stated he has no problem with the hours of operation.

Wernecke asked about the scale of the operation and what is the anticipation of the scale of operation. Marino stated at this point, they are unaware of what the state, county or townships have in plan. He also stated that as far as the high-speed rail, the tracks, bridges and culverts are not designed to handle a large-scale operation out of the quarry and there would have to be millions of dollars put onto that line to be put to use. It is made for a steam locomotive out of North Freedom. He also stated that if you put restrictions on limits, that seems as if it is a penalty and they are not going to take out a large amount of material, just to do it. They will take what the marketplace requires. When they agreed to limiting the material on the Weitzel property, it was limited because it was a small piece and simply wanted some continuity to handle the operation of the overall site. It wasn't a problem, because if they needed anymore, they could go into the Klingenmeyer property.

Malin asked about planning. Marino spoke of the comprehensive plan for the township and the planning involved, which the quarry is included in as the township wants the quarry and wants the use of the quarry.

Vogt asked about II, 19, and the materials there in the east quarry. Marino stated there is a lot of sandstone cover right now and it is a reserve they can use and would be more expensive to use. However, the sandstone will come into play during the reclamation of the site. He also stated that part of the quarry gets a lot interest from educational groups.

Vogt asked about Mid-Continent railroad and is there any thought of upgrading where you could haul out of there for a staging area for trucks, rather than trucks coming into. Marino stated that Mid-Continent has talked about being able to handle heavier traffic and the large costs associated with that upgrade and it has never gotten off of the planning stage.

Malin asked about contracts with haulers and them obeying rules of the roads and site. Marino stated he does not know if it is in the agreements with them, but when they hear of any type of concerns about speed, they do contact the drivers and correct the problem. He stated that the best thing anyone can do if they have a problem with the truck, get the number of the truck and the name on it and they will address it. They can't do anything, if no one calls them about it.

Wernecke asked about the way the operation has run so far, what the range of minimum to maximum operation would be, which includes township, county and state uses in the area. Marino stated what is going to happen in the future, they can't estimate based on towns, county, state and federal budgets - at one time they could be limited because of money available. He can't project and give a number because its really up to the marketplace and budget shortfalls. He also spoke of putting them at a competitive disadvantage.

Chad Taylor, appearing in favor of the request, stated that in terms what the county zoning ordinance says, it does not say what he believes it says. The ordinance itself does not say shall, these are considerations of what the board should look at. They are considerations only, and do not require what Mr. Dana says they should require. He has not presented any evidence that proves what he stated. The Kramer company has to operate under laws, under tests and under standards that have to be done. Instead of hearsay you need to listen to what the County says about the operation, what the local Town Board says about the operation, what the state says or doesn't say about the operation. He also addressed why the 20/20 plan recognized this site. He then addressed the tonnage limit and no other sites that have this disadvantage and the people that asked for the tonnage limit, which is an arbitrary number, they couldn't state a purpose. If you restrict it, you need have a number that is with a purpose of that number being in place. He concluded that this is for a renewal, not anything new.

Duckworth asked what recommendations he would make to Kraemers to control the truck traffic. Taylor stated that he recommends them to be pro-active, reduce speeds, write it into the contract with penalties, and prohibit use of jake-brakes, have them sign something, and then enforce the complaints.

Roloff asked if it would be helpful if the Town posted signs with speed limits and no jake brakes and a possible ordinance against jake brakes. Taylor stated they could.

Wernecke asked about legitimate reasons for reducing the scale of the operation and feels it would be to control the nuisance factors that come with that. Taylor stated that if you limit the tonnage, you limit the amount of trucks.

Dick Dana, reappearing in opposition, spoke of controlling the scale and his petitions signed of those that want operations limited.

Malin stated that the board has no particular concern for Kraemers profit or their future and they are trying to make the decision based on the information given to them. He also stated he is having trouble with Dana's definition of the best use of land. Dana continued to explained his position.

Vogt asked if there is a breakdown for the options of the survey for those opposed. Dana stated that just about everyone checked the first two boxes, and about 35% checked the last one.

Greg Prosser, reappearing in opposition, spoke again about feeling that his property rights are being affected and his property being devalued.

Seeing as no one else wished to appear, Duckworth closed the public portion of the hearing at 11:25 a.m. The board recessed at this time for a 5 minute break.

The board reconvened at 10:30 a.m. Duckworth reviewed the request and ordinance and went into deliberation.

Roloff stated that the request satisfies the county ordinance on all the measures that were mentioned.

Vogt asked if they can request the town board to put a 35 mile an hour speed limit and restriction against using jakes brakes onto Granite Drive. Duckworth stated they can ask, but they can't require them and spoke of the difficulty to lower speed limits below 45 mph on town roads. They could write a requirement of Kraemers to address that.

Wernecke asked to have the special exception permit to expire at the same time of the Weitzel/Boll properties. The board discussed.

Motion by Roloff, seconded by Malin, to approve the request with conditions listed by Planning and Zoning with the change in the hours of operation as requested by the Town of Freedom to make them uniform with the adjoining quarry operation, with the special exception permit expiring on the same date as the Weitzel/Boll special exception permit, petition number SP-07-02. Motion carried 5-0.

C. Patrick Lomasney (SP-19-05), requesting a special exception permit pursuant to s.8.07(5) to authorize the clearing of more than 25% of a shoreline within 35 feet of a creek.

Wernecke asked about the 35 foot given in the conditions. Lorenz explained.

Wernecke asked if the Land Conservation Department reviewed this project. Lorenz stated not to his knowledge.

Patrick Lomasney, applicant, appearing in favor of the request, stated that many of the trees were dead and presented Exhibit VIII, 1-4 photos of the bank with new growth.

Vogt confirmed that the applicant owns the one side of the creek and the other side is owned by a different property owner.

Malin asked if the trees were cut on the other property. Lomasney stated there were no trees cut on the other property.

Wernecke asked if he will maintain the 35' strip on his own or if he will put it into a program. Lomasney stated he will maintain the buffer strip himself as his property does not qualify for a program.

Duckworth asked what is planned to do with the buffer strip. Lomasney stated he will to see what the board recommends and has not done anything until he gets direction from the board, however his intentions were just to leave it and let it seed itself.

Roloff confirmed that they are just dealing with the tree cutting and not restoration of the creek bank.

Joe Prem, appearing in favor of the request, Town Board chair, representing the Town of Franklin, stated that they would like the buffer strip maintained and believes the trees were mostly dead before they were cut.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 12:04 p.m. and the Board went into deliberation.

Duckworth reviewed the request and the ordinance.

Vogt stated he is familiar with the area in question and there is many dead trees along that bank and the area has had ongoing issues with what to do with that creek for several years now. He also believes the buffer strip is a good idea and feels the cutting would be a benefit to the stream itself.

Motion by Wernecke, seconded by Vogt, to approve the request with the conditions listed by Planning and Zoning with the addition of working in cooperation with Sauk County Land Conservation Department. Motion carried 5-0.

D. David Bindl (SP-20-05), requesting a variance pursuant to s7.18(3)(b) to authorize the remodeling and reconstruction of a milk house (as built) within the minimum road setback.

Duckworth stated that the board determines this variance to be an area variance.

Duckworth asked if any measurement was done so you know where 63 feet from the center of the road falls within the barn.

Vogt asked about Exhibit II, 4, and the photo of the machine shed and ask how long its been there. Lorenz stated he does not know and it did not appear to be recent.

Vogt confirmed that they did get a permit from the township. Lorenz stated that is correct.

Roloff asked if the new milkhouse was put in the same footprint as the old one. Lorenz stated he believes so, but that question should be asked to the property owner.

David Bindl, applicant, appearing in favor of the request. Duckworth advised the applicant of the 3 standards he would have to address to the board. Bindl stated that public interest won't be hurt because he built this structure on-top of the existing structure. The structure needed to be replaced because they could not haul milk out of that structure. They also addressed water quality and septic problems on the property. He also spoke of issues with moving the milkhouse to another location, which couldn't happen because of setback restrictions to the barnyard per state standards, they couldn't meet setbacks to the creek, and the other side was where a junkyard was located and DNR wouldn't allow it.

Duckworth asked if the milkhouse needs to be attached to the bard. Bindl stated he is unsure and spoke of how they built the milkhouse. He also spoke of conversation he had with the state and laws that were proposed to rejuvenate the farm sector, other pollution problems on the property as well as electrical current problems.

Malin asked about measurements. Bindl stated he measured from the post and the milkhouse, and the milkhouse would be out of compliance by 25 feet.

Roloff asked about changing the character of the neighborhood. Bindl agrees with Roloff that it would not be changed because the milkhouse is located in the very same spot.

Duckworth asked if he spoke to the town board. Bindl stated he did talk to the town board and they told him all was acceptable.

Vogt confirmed that to get the milkhouse to confirm, the entire barnyard and buildings would have to be all redone. Bindl stated that is correct and to get permits from the state for the milk hauling and production, they have setbacks they need to meet from the wells, the barnyard, and the pre-existing junkyard. He also mentioned they took down 2 existing buildings that were 10 feet from the road.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 12:30 p.m. and the Board went into deliberation.

Duckworth reviewed the request and the ordinance.

Duckworth stated this is a good example of a project where a variance is necessary. It would be unnecessary hardship if you have to move the entire operation because of DNR and Dairy standards, as well as setbacks to the stream. The existing milkhouse was replaced in the same position as the old on, so it would not negatively affect public interest, and the town board supports the project. This request meets variance requirements.

The Board had brief discussion about how to inform townships of the county regulations.

Motion by Duckworth, seconded by Wernecke, to grant the area variance with the conditions listed by Planning & Zoning. Motion carried 5-0.

E. Lawrence Mundth, (SP-21-05) requesting a special exception permit pursuant to s.7.05(2)(k)15 to authorize the location of a duplex.

Vogt asked about the zoning change. Lorenz explained the reason for the zoning change.

Lawrence Mundth, applicant, appearing in favor of the request, spoke of the background and history of the property, they live close to the property, limit the amount of vehicles that are allowed, all inside storage. He also spoke of neighbors' support as well as the town board support.

Duckworth asked about the Town Board. Mundth stated they support the request.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 12:47 p.m.

Duckworth reviewed the request and the ordinance.

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

F. Gerald Dallman (SP-22-05) requesting a special exception permit pursuant to s.7.05(2)(k)2 to authorize the location of a contractor's storage yard.

Wernecke asked if the existing operation meets the requirements of the screening. Lorenz stated he does believe he meets that being that its behind all buildings and surrounded only by agricultural property, as well as no complaints about the property.

Wernecke asked about if conditions around the property change, they are required to meet the conditions. Lorenz stated that as long as he meets whatever conditions the board determines as part of the approval, he can continue.

Gerald Dallman, applicant, appearing in favor of the request, stated he runs a small landscape business and needs a spot to park his truck and trailers at night, all other equipment is stored inside and most material is typically has it delivered to the job. He also stated all business is done over the phone or at the project site and no customers come to the home site, as well as no complaints by any neighbors and you can't see anything unless you drive in the driveway and behind the buildings.

Vogt asked about any plans for screening. He said he would have no problem putting up more trees, as there are some smaller trees now.

Mr. Duane Brooks, appearing in favor of the request, Town Chair, stated the Town supports this request and as his next door neighbor, he has no objections either and the land to the west and to the north are owned by him and his brother, so no screening is necessary.

Seeing as no one wished to appear, Duckworth closed this portion of the hearing at 1:00 p.m.

Duckworth reviewed the request and the ordinance.

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

The Board adjourned at 1:05 p.m.

Respectfully submitted,

Halsey Sprecher

Secretary