Board of Adjustment


DATE: January 26, 2006

PRESENT: Bruce Duckworth, Chair Robert Roloff, Vice ChairHalsey SprecherRichard VogtLinda 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 9:02 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 Roloff .
Motion carried 4-0 (White absent).

The Board adopted the agenda for the April 27, 2006, session of the Board on a Motion by Roloff, seconded by Sprecher.
Motion carried 4-0 (White absent).

Motion by Vogt, seconded by Roloff to adopt the March 26, 2006 minutes.
Motion carried 5-0 (all Board members present).

COMMUNICATIONS:

Duckworth spoke of a letter the board received regarding the Ethanol Plant.

Lorenz stated he has received communication from the Town of Franklin re: SP-17-06 which will be entered into the record during that part of the hearing.

APPEALS:

Chair Duckworth has removed himself from the Board for this hearing and Roloff has taken over as chair.

Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and the property and stated that the Planning and Zoning staff feel that all permits were legally issued after extensive research of the property. He then reviewed the photos and video of the site.

White asked if there were any complaints on the site. Lorenz stated he isn’t aware of any.

Mr. Michael Byrnes, applicant, appearing in favor of the request, referring to Exhibit VIII,1 a map showing the quarry site and stated that part of the renewal will also include an expansion of 10 acres where someone lived on property they own, however that house is now vacant and they will start mining that area. He explained the Phases and the intentions of the reclamation permit and that they intend to create farmland behind them as they go.

Roloff asked about the stormwater that is collected in the retention basins. Byrnes stated that the water goes into the retention basin and all they are retaining is the rain water and it seeps away naturally through the groundwater.

Vogt asked about the photos and the pile of black material near one of the plants. Byrnes stated that is reclaimed blacktop and will be reused for road material and stated that one is the processed pile and the other one shown is the large pile that is ready for crushing.

Sprecher asked about the conditions listed in the last special exception permit and if they are ok. Byrnes stated they are fine.

Seeing as no one else wished to appear, acting Chair Roloff closed the public portion of the hearing at 9:20 a.m. and the Board went into deliberation.

White stated that they are doing a good job and looks like a nice clean site and feels going for a 10 year permit would be ok and consistent with what they have done with other quarries.

Motion by White, seconded by Sprecher, to approve the request for a special exception permit with the conditions listed by Planning & Zoning, for 10 years.
Motion carried 4-0.

Duckworth rejoins the Board.

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.

White asked if this was a hind-sight permit. Lorenz stated that is correct.

Duckworth asked if the silt fence was put up before or after our office was contacted. Lorenz stated he was unsure.

Roloff asked what would happen if they denied the request. Lorenz stated if the board denied the request they would have to restore the property to it state prior to the construction.

Mr. Darren Bochler, applicant, appearing in favor of the request, stated that Meister Log and Lumber were the ones that logged it and put it in their hands to do the project properly. He spoke of the road along the river that was existing and that the contractor stated they would have to widen it. He also spoke of the silt fence that was put in place by him and the winter activity that damaged some of it, however he is working on improving it. He then spoke of revegetating the site.

Vogt asked about Exhibit II,5, the conservation plan map and asked for clarification on the yellow line. Bochler stated the yellow line is a property line. Vogt asked about the acreage shown and verified that it is all his property. Bochler stated that was correct. Vogt asked about the trail where the contractor went in and where is the river. Bochler stated is the west property line and meanders along the river. He continued to explain the map and verified the section in question is the one that lies along the river.

Roloff asked when he plans to have the reseeding and mulching finished. Bochler stated he should have it completed in the next few weeks and have just been waiting for it to get dry enough to work it.

White asked how it came to his attention that he would need this permit. Bochler stated he was contacted by someone from the DNR.

Sprecher asked if it was going to be necessary to improve the silt fence. Bochler stated it is and he intends to do that first.

Duckworth asked what he means by working the property. Bochler stated he would just work up the soil so that the see takes.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:41 a.m. and the Board went into deliberation.

Motion by Roloff, seconded by Sprecher to approve the request for a special exception permit with the conditions listed by Planning & Zoning, with a change to condition C to state “…by the end of May, 2006.”
Motion carried 5-0
.

The Chair ruled that this is an area variance.

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

Vogt asked about the when the house was built, the location of the holding tank and the wetlands. Lorenz explained.

Sprecher asked if it was necessary to have a permit for the footbridge. Lorenz stated it is not.

Sprecher asked if there were other types of buildings like this along the road. Lorenz stated there are not any on LaValle Road.

Roloff asked about alternative locations for the garage. Lorenz stated because of the location of the well and septic and access because of the wetlands, there really isn’t an alternative location.

White asked if the wetlands is unique to this property. Lorenz stated there is a couple lots to the east and the one to the north that has wetlands.

White asked if putting this closer to the road would create a hazard. Lorenz state that his personal opinion is in that this is a straight stretch of road, 25 mph speed limit and not a lot of traffic, doesn’t feel it poses a great risk to the public.

Vogt asked about the drainage and where it enters into the lake. Lorenz stated it enters into the lake near the boat landing.

Mr. Kurt Andreseason, applicant, appearing in favor of the request, explained his project, the traffic along the road and presented Exhibit VIII,1 a photo of a lot that has a similar situation. He also spoke of the walking bridge and that he did take out a permit for that.

Roloff spoke of the letter of support from the Town and that a driveway will have to be put in. Andreseason state the drive is already there and had the approval of the town as well.

Duckworth asked about the unnecessary hardship. Andreseason stated the hardship would be the storage, safety, theft from the vehicles, the hail storm damage. Duckworth asked the safety of what. Andreseason stated the safety of the vehicles and personal belonging.

Duckworth asked if the house would be unusable if the garage was not built. Andreseason stated it would not.

Duckworth asked if it is possible to live in Wisconsin without a garage. Andreseason stated it is possible.

Vogt asked about moving the site and the distance from the road increases as you move farther to the east and if he could move. Andreseason explained the limitations on the property that would prevent him from moving the garage.

White asked about storage elsewhere. Andreseason stated the house is on the cement slab, so there is no basement storage and there is a small storage shed for lawn mowers, etc., but other than that, there is no storage.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:06 a.m. and the Board went into deliberation.

White asked how many garages would have gotten variances to be within the road limits. Duckworth stated that there are some, but most of them were given before the last Supreme Court ruling.

Roloff suggested that some were given on Lake Redstone within the last year or two.

White stated she feels he meets the qualification for unique property interest an the public safety, but not sure on the hardship.

Sprecher stated that he feels a garage in Wisconsin is almost necessary to complete a home.

White stated the Board can’t state that though because of previous denials.

Roloff stated that he feels the applicant has as much of a hardship as previous applicants have had that were approved. He also spoke of the limited traffic on that road.

White stated she applauds the applicant for getting all the permits first and the complete application that was provided.

Motion by Roloff, seconded by Vogt, to approve the area variance, with conditions listed by Planning & Zoning, because the applicant has shown that he meets the 3 criteria for the variance, which is shown in Exhibit II,2, as well as the climate in Wisconsin and that he will be a permanent residence.
Motion carried 3-2, with White and Duckworth in opposition.

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 stated that the date should be changed to December 2010. He also asked if the area was going to be explained or if things are just going slower than they thought. Lorenz stated that the are not expanding.

Duckworth asked if there have been any complaints on the site. Lorenz stated there have not been.

Vogt asked if there is any indication of how far the site lies above the Baraboo River. Lorenz stated he is unsure.

Duckworth asked about the Town Board. Lorenz stated the Town did approve their request.

Dennis Plantenberg, application, appearing in favor of the request, addressed the timing of the site and explained the problems they had with extracting the sand and felt that 5 years is plenty for the permit and hopes to be done in 2 years. He also stated that the river is about ¾ mile away and there is about 15 foot difference between the property and the river bed and the property never floods.

White asked how long he has owned the property. Plantenberg stated that they have owned it since 1984.

Duckworth asked if there are any complaints from the neighbors. Plantenberg stated he has not heard any.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:23 a.m. and the Board went into deliberation.

Vogt stated this is just continuing the operation they had before.

Motion by Vogt, seconded by Sprecher, to approve the special exception permit for 5 years, along with the conditions listed by Planning & Zoning.
Motion carried 5-0.

The Board took a short recess.

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 spoke of the parts of the quarry that is grandfathered in and the parts that are to be heard today. Duckworth asked about water run off and complaints. Lorenz spoke of the detention pond along the southern edge of the Jackson quarry and being on site after rain and that the pond was working as it was meant to. He also verified that the office has not received any complaints on the site.

Mr. Bob Jewell, agent for applicant, appearing in favor the request, stated that they do have approval from the Town of Franklin and at the meeting, the owner that had complained about run off in the past, did speak in favor of the request.

Roloff asked about the last conditions from the 2001 permit and the Town. The Board discussed the conditions requested by the Township and their Planning Commission to be included in the special exception permit.

Duckworth asked if there are any new homes built by the quarry. Jewell presented Exhibit VIII,1 a map showing where the homes are located near the quarry, and stated that the newest home is off the northeast corner 1080 feet off the Burnmester property and she is an employee of the Kramer Company and is the scale operator for the pit.

Duckworth asked if there are any conditions in the 2001 letter that they would like changed. Jewell stated they feel the conditions are fine.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:48 a.m. and the Board went into deliberation.

The Board discussed the property owner that had complained previously about water runoff, which had spoke in favor of the request and highly of the work the Kramer Company has done while at the town board meeting.

Motion by White, seconded by Roloff, to approve the special exception permit, for 10 years, with the conditions listed by Planning and Zoning and include the conditions listed in Exhibit IV,4, letter from the Town Board.
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.

White asked about the location of the septic tank and the mound. Lorenz explained.

Vogt asked about the previous variance that was granted and it not being constructed. Lorenz explained.

Mr. Mike Mossman, applicant, appearing in favor of the request, stated that the house is old and needs upgrades to be able to live in it. He also stated there is no other way to expand, than that side of the house. The road is in one direction and the septic in the other. He spoke of the business they run out of the home and the lack of the space for that. He then addressed the safety aspect and stated it is 25 mph on the road, it is straight and limited use. He also stated they have the approval of the town board and the neighbors.

White asked if this is the same design that was brought to the Board before. Mossman explained.

White asked if there is a reason you can’t shift the addition 5 feet instead of for convenience. Mossman stated he would refer that the contractor, but it is for convenience and the design of the house and so the 2 nd story of the home would shade the garden.

Duckworth asked what the unnecessary hardship would be. Mossman stated that the basement steps are a safety hazard and they need the space for offices.

White asked if the house is livable the way it is. Mossman stated it is livable.

Vogt asked about the basement planned under the addition. Mossman stated there will be a new basement, with the old stone foundation there. Vogt asked about the doorway into the existing basement. Mossman stated as you look toward the addition, there will be a door to stairs that will go down into the basement and you can access the old basement or the new basement from that.

Vogt asked if the utilities would moved to the 1 st story. Mossman stated that is correct and the basement would then be used for storage and a root cellar.

Vogt asked if the rest would be used for office space or living space. Mossman explained what the addition would be used for.

Mr. Mike Wipperfurth, appearing in favor of the request, stated he is the contractor that drew up the plans for the addition, and spoke of moving the addition back further and explained the legal issues for code regulations on the basement steps. He also stated that this would be a completely new basement and explained how it would be built, but would not have any bearing on the old sandstone wall, which also involves pushing it out. He then spoke of the living room access and location and spoke of the previous request that was denied by the Board. He continued to speak of the code violations the house currently has that needs to be corrected.

Vogt asked about the east outside wall. Wipperfurth stated that some parts of the wall will be rebuilt, but some of the old wall will be exposed if it is in good enough shape. He continued to explain the construction of the addition.

Vogt verified that there would be post and beam along the wall to support. Wipperfurth stated that was correct, but they don’t know what the find once they take off the siding.

White asked about the design and explained what has to be looked at for a variance. Wipperfurth explained more the design.

Roloff, referring to Exhibit V,2, asked if it is possible to shift that 5 feet to the north and the reason it would be a hardship to do that would be for engineering issues. Wipperfurth stated that is correct, but also because of the drainage problems they already have.

Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 11:26 a.m. and the Board went into deliberation.

White stated that she doesn’t believe this request meets the hardship qualification and doesn’t understand why it was granted by the Board previously. She stated preference for living space is not a hardship, nor is providing shade for a garden a hardship.

Sprecher stated that the hardship was the safety factor of the house and doesn’t believe there is any ill effect of the structure and you won’t be coming out any further than the existing building.

White stated that her only question is if there is another way to keep the addition out of the setback. She also spoke of consistency.

Duckworth stated this is one of those cases where he doesn’t understand why the county and state would care because of the layout of these small villages that aren’t a “village”.

White stated she doesn’t feel the lot is unique and whether or not it makes sense, they have to apply what is there.

Vogt spoke of compliance of the house ever being in compliance.

Sprecher stated that the local officials approve it and he can live with that.

Vogt spoke of the precedence.

Roloff stated hardship is a very difficult concept to quantify and in the past the Board has granted variances when he didn’t see a hardship. He also said that it seems that Boards have been given a little bit of leeway in granting variances and spoke of the previous variance that was just granted.

White stated the community isn’t going to be hurt by it, but what about unique property, which was proven in the last variance request.

Vogt spoke of reconfiguring the design, but it may not be worth it.

Motion by Sprecher, seconded by Vogt, to approve the variance, as the a hardship has been shown with the safety and code issues of the basement steps, the local board has approved it and is not a public safety factor and the unique property limitations from where the septic and well are located. The board spoke of architectural and engineering work preventing an alternate location. Motion carried 3-2 with White and Duckworth in opposition.

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 board discussed the different between being 1000 feet away and 300 feet away from the shoreline.

White asked how far the applicant is away. Lorenz stated if you scale it, its about 800 feet, but if you walk it, it is closer to 1000 feet.

Duckworth verified that parts of the lot are more than 20% and some are less. Lorenz stated that was correct.

Vogt spoke of Exhibit II,4-5-6,

Roloff asked if this was all caused by the building of the house. Lorenz stated that is correct.

Vogt spoke of the house and the landscaping work that is to be done that is in need of the special exception permit. Lorenz stated that is correct, the house is ok, but the landscaping work to be done and the fill brought in for that is what is in need of the permit.

White asked if the fill was brought in or is what came out of the basement. Lorenz stated he doesn’t know and will have to ask the owner.

Duckworth asked for a map showing the 20% slopes. Lorenz referred him to Exhibit II,5, and the owner work with Steve Sorenson on the location of the house.

Duckworth verified that the filling and grading is already done.

Roloff, referring to photographs 3 and 4 and it looks as if the house is built right on the edge of a table where the grades may be less than 20% and then is all the material in the photograph spoil from digging the basement or is it fill for the landscaping?

Duckworth stated he feels Planning and Zoning was deficient in issuing the permit and made adjustments so the first permit could be issued and then the second one had to come here.

Ms. Mary Zick, applicant, appearing in favor of the request, stated that they thought they were going to wait until they were told what was to be done, until the town contacted them and requested the site to be taken care of, so they continued with the project. She spoke of trees to be planted and there is all woods below them.

Roloff asked if the fill was hauled in to do landscaping with. Zick stated it was hauled in.

The Board discussed the project and Duckworth felt that the issues were the cause of Planning and Zoning and could have been avoided.

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

Motion by Duckworth, seconded by White, to approve the special exception permit with the conditions listed by Planning & Zoning.
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.

White asked which cottages were slated for removal. Lorenz referred to Exhibit II,4 showing some cabins that are intended to be removed.

Roloff asked if they are removing the cabins and replacing them with campsites. Lorenz stated he does not believe they are replacing them with campsites.

Roloff asked about the uses and communication from the Town of Baraboo re: the special exception for the campground. Lorenz stated that the applicants did the rezone with the town and the county to provide for these uses.

Duckworth verified that the new cabins built were done prior to this ownership and the new owners rezoned the property to come into compliance. Lorenz stated they are modifying the grandfathered uses there were there and to have those new uses, they needed to rezone to come into compliance and one of the conditions for this operation is that a special exception permit is required as well as the rezone.

Vogt spoke of the property being very large and the exhibits that were turned in don’t show most of the property. He also stated that surrounding the property is a couple subdivisions and asked if those were residential districts, but it was still rezoned. Lorenz stated that was correct.

Ms. Lynn Higgins, applicant, appearing in favor of the request, stated that they are not changing a lot of the uses, but adding some new uses. She explained that Nordic Pines in the campground and cabins and open to the general public, the other side of the property is for private groups.

Duckworth asked what new activities. Higgins stated lighting on the broomball court and games fields, activities in the gymnasium, etc. The others are consistent with campground activities on site in the past.

Roloff asked if the Nordic Pines site will change. Higgins stated it would not other than the removal of some of the cabins and possibly installing some winterized cabins on the cul de sac. She also mentioned that they have been approved by the Town for the rezone and conditional use and have been approved by the county for the rezone.

Duckworth reviewed the request and specifically asked about the rec center. Higgins stated the rec center is the gym/chapel building. Duckworth continued to review the request. Higgins stated that they were suggested to include anything that would take place out there should be listed on the use for the special exception permit.

Duckworth asked if there will be an outside sound system. Higgins stated they will not.

Duckworth asked if they will have motorized go-carts or anything else that makes noise. Higgins stated they will not and intend to keep it quiet and teach about the nature.

Duckworth stated that it will operate pretty much as it did in the past, but just some buildings removed and some built. Higgins stated that is correct.

Duckworth asked how this will negatively impact the neighbors. Higgins stated she does not see any negative impact for the neighbors.

Roloff asked how many people they plan on accommodating. Higgins stated that the most they would have at one time would be around 150, but the campground area will have that on a busy weekend.

White asked if they have already added onto the café. Higgins stated they have not started adding onto anything.

Vogt asked about Exhibit VI,2, the map and asked what the large black square on the map represents. Higgins stated she isn’t sure what it is on the map, but that area is just all green space.

Ms. Teena Castle, appearing as interest may appear, stated that she isn’t in opposition, but just concerned and live in the neighboring subdivision and the black area on the map is just a pond. She stated her biggest concern is with the night lighting, and the age groups that are being looked at coming into there and worried about property values.

Duckworth asked what kind of lights they are concerned about. Castle stated the lights with the activities and the number of lights.

Vogt asked if these issues were raised at the town and county meetings for the rezonings. Castle stated she didn’t know and not that she knows of.

Vogt asked if it was well publicized. Castle stated she felt it was and reiterated that her concern was the noise, lighting and the age groups.

White asked if she has issues with it before. Castle stated she has not, but they never had the large groups in there.

Lynn Higgins, reappearing, stated the one set of lights will be up front near the broomball court in the Silverdale area. She stated she isn’t sure about the baseball field, and that would only be a couple lights and then 1 night light on the tubing hill.

Vogt asked about the Nordic Pines and referring to Exhibit VI,2, and the existing campground and cabins. Higgins explained what was there and where green space would be going.

Duckworth asked for clarification how far from Highway DL they will build the campground. Higgins showed on the map where she felt they would not go beyond.

Roloff asked about staffing. Higgins stated they have 15 staff members, but no one lives on the Silverdale property, but they live on the Nordic Pines property, along with one other staff person. She stated that the groups coming in bring their own supervisors and most of the groups are church groups.

Duckworth asked if she would have a problem with the Board restricting the uses on the west side of the tracks to non-camping. Higgins stated they would have a problem with that. She also explained that they wouldn’t be developing into more campground, except for a smaller space by the Nordic Pines existing campground. The open space is used for camping that is used for the Expeditions.

White asked about access to the open space camping area. Higgins explained.

Duckworth asked for restrictions that could verify that campers wouldn’t be by the pond. Higgins stated she could live with camping restrictions within so many feet from the pond.

Roloff asked about the number of people in the two different camping areas. Higgins explained the camping areas and the two different types of camping.

The board discussed the confusion with the lack of plans and that they are considering tabling the request until they get more detailed plans.

Roloff spoke of the group camping area in the Expeditions area and the information, but the general camping is lacking in plans and makes him uncomfortable.

Duckworth stated that what he sees on Exhibit II,4 and 5 is ok, but is the information that isn’t shown on there is what makes him unsure. He stated they have 2 choices, they can approve part of it or table all of it.

Roloff asked what the timelines of the business plan. Higgins stated the campground is set to open in a couple weeks and asked if they could approve what is existing that would work and they would come back with plans for future development and what they are unsure of.

The Board continued to discuss their options.

White asked if they made no decision today, what could they continue to operate? Lorenz stated he would have to discuss that with the director.

Duckworth asked what is located on tax parcel 002-0373-00000. Higgins stated there is a home on there that will be used for some of the summer staff.

Duckworth verified that they are looking at approving the plans shown on Exhibit II,4 and 5, but nothing that isn’t shown on those exhibits.

Brian Simmer, appearing as interest may appear, stated the area that was rezoned was a mixture of 2 zoning districts and explained that process. He also stated that there are a number of existing subdivisions out there, and when those plats were approved, at that time, staff was unaware of the use for recreational use would have occurred and the entire area is located within the Baraboo sanitary district. He stated that as subdivisions come forth, they are required to provide new residence, with provisions in their covenance, that there are recreational uses neighboring their subdivision.

Motion by Duckworth, seconded by White, to approve the Nordic Pines campground and existing uses that are not shown on Exhibit II,5, tax parcel 002-0384-00000, and the items shown on Exhibit II,4, which encompasses the old Silverdale resort, renamed Expeditions Unlimited, the additional lighting, the new cabins, removed cabins, and lighting along the tubing hill, with the conditions listed by Planning & Zoning.
Motion carried 5-0.

Duckworth spoke of the letter from Planning & Zoning identifying who gets notified for pubic hearings.

The Board adjourned at 11:13 a.m.

Respectfully submitted: Halsey Sprecher, Secretary