DATE: September 22, 2005
PRESENt: Bruce Duckworth, Chair Robert Roloff, Vice Chair Halsey Sprecher Richard Vogt Linda White
STAFF PRESENT: Gina Templin 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 9:03 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 White.
Motion carried 5-0.
The Board adopted the agenda for the September 22, 2005, session of the
Board on a Motion by Vogt, seconded by Roloff.
Motion carried 5-0.
Motion by White, seconded by Vogt to adopt the August 25, 2005 minutes.
Motion carried 5-0.
None to report.
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.
Mike Debelak, applicant, appearing in favor of the request stated that this is a common project and will be used for the Highway 12/I94 interchange. He also spoke of the timing planned for the project and the time crunch they will be experiencing.
Duckworth asked about damage to the highway. Debelak stated that the DOT will video tape the road and compare the condition of the road from prior to the project and then after they are done. If anything is needed they would get together with the town and take care of any maintenance that is needed through the bid item in the contract.
White asked about how many truck loads will be taken from the site. Debelak stated that depending on where the project is, you’ll see 20-25 loads an hour for a couple days and then when they do their hand pours, which he described, there would be 2-10 loads an hour.
Duckworth asked why the location is ideal for the plant. Debelak stated because the raw material is accessible there and you don’t have to haul anything to and from the site and all the material is processed ready to go and the asphalt operation being located there as well won’t affect the public any differently.
Duckworth asked what the plant removal will be. Debelak stated that the plant will be moved and taken away by June of next year. Duckworth asked about extra time to temporarily store the plant there. Debelak stated it would not be stored there.
Vogt asked about the timing again. Debelak stated that the town proposed giving the plant until July, 2006 incase of bad weather.
White asked about hours of operation being in the contract. Debelak stated that the town suggested 6 a.m. -7 p.m. M-F, and Saturday 7 i.e. until 3 p.m. Duckworth confirmed that the town conditions were acceptable to the applicant. Debelak stated they are acceptable.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:20 a.m. and the Board went into deliberation.
White stated that the vagness needs to be removed from Condition C. Vogt stated removing it all together as it is described in the DOT contract already.
Motion by White, seconded by Sprecher to approve the request with the
conditions listed by Planning & Zoning, in addition to the hours of
operation as testified and suggested by the Town (Exhibit IV,3), as well
as complete removal of the plant by July, 2006, and eliminating condition
C from the staff recommendations.
Motion carried 5-0.
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 how the applicants did with the first permit they got. Lorenz stated that the first permit had a clause that only provide a certain amount of time to complete the project, which is why they are here. He also stated that he is not aware of any complaints.
Duckworth asked about the setbacks and whether or not they are met. Lorenz stated that the department discussed what is the side yard versus what is the rear yard and explained what determination the department came up with.
Duckworth asked about the Town Board’s opinion on this request. Lorenz stated that in Exhibit IV,1, an email that was received from the Town Clerk in favor of the plan as presented to them.
White asked about the 3 sites for the proposed mound system and if they would be selecting just 1 of those sites. Lorenz explained what those areas are for and each mound is addressing the proposed phases of expansion.
Roloff asked about Exhibit II,4 and the future storm retention area and when that would be necessary. Lorenz stated that will have to be referred to the applicant.
Sonny Hyde, applicant, appearing in favor of the request, stated that addition construction is just to provide the option for a larger worship and education facility because of the growth of the congregation.
White asked about the parking area. Hyde stated he believes there is parking for 40 vehicles is currently, with the next two phases, they will be able to have parking adequate to allow for 300 worshipers, which under code, 40 stalls would suffice.
Roloff asked if the parking area would be hard surfaced. Hyde stated eventually it would be, which is why they are taking precautions to water run-off, etc.
Roloff asked what phase the storm retention would become a reality. Hyde stated he isn’t aware of when it would be needed and are thinking about putting that in right away, rather than putting it in when they think they’ll need it.
Vogt asked if this is in Lake Virginia Lake District. Hyde stated it is. Vogt asked if they would have some say as far as water run off and other issues and if he has spoken to them yet. Hyde stated his communication has been with the Town and not yet with the association.
Vogt stated that he believes the Lake District’s concern would be the run off from the parking lot and roof tops as far as pollutants.
Seeing as no one else wished to appear, Duckworth closed the public portion of the hearing at 9:40 a.m.
Duckworth asked how they can be sure that the Lake District is involved. Roloff stated that in the conditions and the requirement to get all state, county and local permits, they would be required to communicate with them during the permitting process.
Motion by Roloff, seconded by White, to grant the special exception permit
with the conditions listed by the Planning and Zoning Department.
Motion carried 5-0.
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 if the pond hand an outlet. Lorenz stated it did and explained that would be going to the neighboring property to the east.
Vogt asked if the county land conservation office has looked at this project. Lorenz stated he is not aware of.
Roloff asked about the depth of the proposed pond. Lorenz stated that the applicant would need to address that question.
Larry Lenerz, applicant, appearing in favor of the request stated that the deepest part of the pond would be 6 feet deep and explained how the pond would be sized and sloped.
The board and Mr. Lenerz then discussed the culvert and the water run off/flow and possible erosion and will still run onto the neighbors land. They also spoke of grading.
White asked where the excavated dirt will go. Lenerz stated he will place them onsite to taper areas out along the drive.
White asked if he checked with Land Conservation on the project. Lenerz stated he has not.
Vogt asked about the farm drive if it is strictly for farming access. Lenerz stated that is correct.
Vogt also asked about the culvert and the water runoff. Lenerz explained.
Vogt asked if there are any wetlands in the area. Lenerz stated that pond was dug out because they needed fill for something 7-8 years ago, and to their surprise it held water in it.
Vogt verified the applicant never talked to Sauk County Land Conservation. Lenerz stated he didn’t know they existed, but will contact them after this step.
George Alt, appearing in favor of the request stated that if the little retention pond that is there now, would not have been there last year during the rain season, Otter Creek would have gotten a lot more erosion and water run off. He felt that if he can deepen the pond, it will help retain the silt from the creek.
That Biech, appearing in opposition, stated that he is the direct neighbor to the west and he has 2 gulleys in the spring that flows hard and off his hayfield, and went through land conservation and dealt with the water problem the proper way, not through a pond. He also feels if the applicant builds a pond, he will be in the same boat as he was before with the problems he had with his drive and his hayfield.
Duckworth asked where his land is. Biech stated he is located on the west side of where the project is proposed. He is nervous that his pond would create a dam type structure and would retain water onto his property. He then showed the board where his property is located.
Duckworth asked Biech to refer to exhibit II,4 and show where his property is. Biech explained.
Sprecher spoke of the road.
Roloff asked if the concern was the road being raised and the culvert being raised and that affecting the level of the dam.
He stated he is not opposed to it if it is built properly, but he has concerns as a neighbor.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:05 a.m. and the Board went into deliberation.
Roloff spoke of the cattails and possible wetlands and would hate to see Mr. Lenerz set himself up for disturbing a wetlands. Lorenz stated that in dealing with a wetland issue, a wildlife pond or duck scrape is allowed. The only thing you can’t do is fill it.
Roloff is still uncomfortable with the wetland issue and the concerns of the neighbor and feels that the applicant should get the Land Conservation department involved, so that his neighbor can be involved would be a good thing. The fact that we don’t have a plan, those things need to be clarified.
Duckworth asked Roloff to verify if he thinks the project should be put of until these can be verified or make it a condition that Land Conservation Department design and have input into the project. Roloff agreed that LCD should be involved.
Vogt also spoke of the concerns of the pond and have the Land Conservation Department involved and feels the applicant should get technical help on this and can either table the request until he had approved plans from Land Conservation or make it a condition.
Duckworth discussed the two different options and the timing of them.
White also spoke of money that may be available to help with the project.
Vogt also spoke of the concerns of the neighbor.
Duckworth asked about a condition specifying that the project be designed by the Land Conservation Department and approved by the Planning and Zoning Department.
Motion by Duckworth, seconded by Vogt to approve the request with the
conditions listed by Planning & Zoning, with the added condition that
the project be designed by the Land Conservation Department and approved
by the Planning and Zoning department prior to construction of the project.
Motion carried 5-0.
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.
The applicant did not appear.
Mr. Lance Gurney, appearing as interest may appear, stated that the Peck’s approached the airport with plans to erect a new building, which was in the path of one of the run-ways. He explained the county’s involvement with the Tri-County airport and development near the airport and how this discussion and negotiation of land came to be. He explained that the Sauk County Board of Supervisors voted to allow the sale of land to Mr. Peck and rezoning of land. He also stated that at the Sauk County Board meeting last night the property was rezoned.
Duckworth asked about the road access. Gurney stated it is an access restricted highway and the current access will be used for the existing site and new site.
White asked about clear cutting. Gurney stated that they would not clear cut, but there would be removal of trees. He also explained the resource value of the vegetation located there.
Roloff asked about the easement for the runway and being a no build area on the approach. Gurney stated that is correct. The board verified the agreement and the easement.
Duckworth asked how this proposal will impact the neighbors. Gurney stated he is surrounded by only Sauk County and his own operation, so he didn’t feel it would negatively affect anyone and don’t foresee any problems.
Duckworth asked if the Town and the planning commission has gone along with this. Gurney stated both groups are ok with the request.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:25 a.m. and the Board went into deliberation.
Motion by Sprecher, seconded by White to approve the request with the
conditions listed by Planning & Zoning.
Motion carried
5-0.
The Board recessed for 5 minutes.
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 he knows of any other towers being proposed in that area. Lorenz stated he is not aware of any.
Tim Stieve, Sauk County EMBS, appearing in favor of the request, reviewed the material he submitted and spoke of the survey showing the property lease purchase agreement with the Wittmanns. He stated that because they are proposing to be about 275 feet from the property lines, they do have a signed authorization to be within the 1 tower height of the property lines. He also discussed the town information. He then reviewed the material in the book supplied by his office, Attachments A-F and verified that it is a self supporting tower and all materials would be contained within the fenced in compound.
Duckworth asked if any other towers would be located in the site where they can co-locate on. Stieve stated he is not aware of any.
Roloff asked about other towers. Steive explained that some of the towers are not existing yet, and any towers that may be removed are not shown in the material provided.
Vogt asked why the current Spring Green tower site would be taken down and a new one put up in another location. Stieve explained.
Roloff asked about 3-C in the booklet, where it refers to Attachment G for landowner acknowledgement and it isn’t found. Stieve stated that the acknowledgement wasn’t available when the booklet was made up and it is located in the very front of the booklet.
Roloff asked about the ordinance requirement to have the land revert back to its natural state if the tower is decommissioned and removed. Stieve explained that they will own the property and will abide by any requirements.
Don Stevens, appearing in favor of the request, stated that he is in support of this request and need the communication systems to be approved and have a very poor system in place now and this tower should solve many of those problems. He also stated that there have been no complaints about this tower going up and are awaiting its use. He then stated that Mr. Stieve got a grant for the project.
Vogt asked if Richland County will be able to access this tower. Stevens stated that they haven’t voiced any interest, but they may not even be aware of it.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:55 a.m. and the Board went into deliberation.
Motion by Roloff, seconded by White to approve the request with the conditions
listed by Planning & Zoning and the requirement that all conditions
listed in s.23.09 will be complied with and Planning and Zoning will verify
compliance.
Motion carried 5-0.
The Board adjourned at 11:10 a.m.
Respectfully submitted: Halsey Sprecher, Secretary