DATE: November 16, 2006
PRESENT: Halsey Sprecher Robert Roloff, Acting Chair Linda White
ABSENT: Richard Vogt Bruce Duckworth, Chair
STAFF PRESENT: Gina Templin Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Roloff called the session of the Sauk County Board of Adjustment (BOA)
to order at approximately 9:10 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
White, seconded by Sprecher.
Motion carried 3-0.
The Board adopted the agenda for the November 16, 2006, session of the
Board on a Motion by Sprecher, seconded by White.
Motion carried
3-0.
Motion by White, seconded by Sprecher to adopt the October 26, 2006 minutes. Motion carried 3-0.
Dave Lorenz stated that he has received a letter from the Town of Troy re: the petition for SP-39-06 and presented that to the Board.
This item will be addressed at the end of the hearing.
Roloff declared that the variance to be considered is an area variance.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and the property. He then reviewed the photos and video of the site and concluded with the staff recommendation.
Mr. Martin Liebert, applicant, appearing in favor of the request.
Roloff advised the applicant of the requirements of a variance that must be testified to.
Liebert asked if everyone had a chance to review the letters sent and stated that he has brought the project manager and the landscape artist that have both worked on the project. He then stated that whatever was done on the property as seen, was done with the intention of meeting the requirements that the board is looking for. He didn’t feel that the retaining walls are structures as they are part of landscaping and his intention was to control the erosion on the land which is where the suggestion of using concrete for the wall. He felt that use of the natural rock within the cement is more pleasing to the eye and is safer than using just natural stone, as well as providing longevity of the wall.
White asked what the understanding was for the permit of the boathouse. Liebert stated that the permit was just for the construction of the boathouse and not for the grading or landscape.
Sprecher stated he felt that the retaining walls were more cosmetic than for use and asked if there were any other alternatives to minimize erosion, other than the decorative walls. Liebert stated that he was advised to build the walls in that way and would not have added the cosmetic expense if he didn’t feel it was important to do that.
Roloff asked about the Town Acknowledge form and asked if he has gone to the Town to get the opinion and/or approval, and on the form, the item is on the town agenda for Nov 16 and asked the applicant when he went to the Town Board for the request. Liebert stated that his only communication has been with Planning & Zoning at this time. He also stated that the submission of the landscaping was because the intention is to build a home once the landscaping and boathouse were completed.
White asked how he came to find out that he needed permits for this. Liebert stated that Planning & Zoning inspected the site and was notified by phone call.
Rick Ehle, appearing in favor of the request, stated that he is the project manager for the applicants companies, and got involved ½ way through the project for the boathouse and spoke to Planning & Zoning and the Merrimac Town Chair the day after staff had been on site trying to resolve the issues. He also stated that they build retaining walls out of both stone and timbers, but feels there is nothing stronger with less maintenance than concrete and does not feel that covering that with rocks for looks is not in violation at all. He also spoke of seeding the ground immediately.
White asked about the unique physical limitations of the property. Ehle stated that he has not looked at other site around the property and their intention was purely aesthetics.
White explained that one of the conditions of the variance is that the property had to be unique in some way and that there would not be any other options. Ale stated that would be a question for the landscaper.
Tim Neuberger, appearing in favor of the request, stated that he is a state licensed landscape artist and that the walls were built to make the property look as natural as possible. He also spoke of the grading reducing the slope to help with any other erosion. The concrete walls with the stone face is to help with the longevity and helps to keep the retaining wall on a smaller scale.
White asked if the walls are connected into the boathouse. Neuberger stated he does not know.
White asked if the walls were just recommended by him and then someone else takes over. Neuberger stated that is correct.
Lance Gurney, Director of Planning & Zoning, appearing as interest may appear, stated that he was the initial contact and Richard Grant is the one who called in the possible violation on the property. He made the initial inspection and then passed it onto staff. He asked the Board to review Exhibit II, 11, the landscape map. From the video, currently the property has been restablized with seeding and mulched and in looking at the landscape plan, their intention is to remove the stabilization that they have done and do more landscaping and wants to know if they are going to remove the sod, put the shrubs in and replace that with bark or what material. The material used on the slopes that they have testified as steep, could end up in the water. He then spoke of the board and how to proceed with the fact that they are short and with a variance request, 3 of the 5 members have to approve the request. If the Board decides to approve the variance request, all 3 have to approve.
White asked if they could table the request. Gurney stated they could, but he is not the one to suggest.
Roloff clarified that it is a majority of the full board, and not the majority of the quorum that is actually in attendance.
Sprecher asked about postponing the decision until the other members of the Board can review the testimony. Gurney stated he can’t answer that, as it is a legal question and feels that the only people allowed to vote on the request are the ones who were present for the testimony.
White stated that their choice is to approve, deny or table. Gurney stated it is.
Tim Neuberger, reappearing in favor, stated that the walkway will go around the area to be landscaped would be the wood edging to divert water, weed barrier that will be underneath the bark and the plants to go in there will be perennials and groundcover wild flowers. Eventually the bark will be completely covered and you won’t see it. He also suggested putting mesh down over the bark to keep it in place.
White stated that she is not familiar with all the species. Neuberger stated they will be using native prairie plants and will spread and cover the entire area.
White asked how much of the area will have bark. Neuberger stated that all the areas inside the walkway area will have bark, but after the vegetation takes hold, you will not see the bark.
White asked what they plan to do with the grass that is there now. Neuberger stated they will cut it out and it is setup to minimize any water coming into the area.
Sprecher asked to hear from Planning & Zoning. Gurney reappeared.
Sprecher asked if they approve this variance how this will affect future variances. Gurney stated they did have discussions with the owner and they had 2 choices, remove the walls because they are in violation, or apply for a variance.
White stated she feels that this is the best for the erosion, but they still have to meet the 3 requirements for a variance. Gurney stated that he has concerns with the planting plan.
Liebert, reappearing, asked the board to consider the request and feels they can demonstrate utilizing professionals to agree that what was done, in the long term is the best for that site and no where in the ordinance does it say that you can’t utilize both materials to minimize erosion and cosmetically make it blend into the environment.
Roloff stated that when the board goes into deliberation on the variance request, they have to answer 3 question by statute and explained what those standards are.
Liebert stated that without having a dictionary in front of him to define hardship, his interpretation of that is the longevity of the wall. He also asked if the responsibility as the landowner, an accident of someone running onto those rocks or gets hurt, this is a hardship and he is trying to prevent that. He felt public interest was served because he is controlling erosion. The unique property is that the steepness of the hill is unique and controlling erosion.
Seeing as no one else wished to appear, acting Roloff closed the public portion of the hearing at 10:06 a.m. and the Board went into deliberation.
Roloff suggested dealing with the Special Exception request first and then deal with the variance.
Sprecher stated he doesn’t feel comfortable acting on it until the Town has a chance to act on it at their meeting. He suggested postponing the decision until after that.
White stated that she does not agree and while the job was well done, the standards for a variance were not met, specifically the requirement of an unnecessary hardship. She also addressed that there is nothing unique about this property compared to surrounding properties. Because it does not meet 2 out of 3 of the criteria, she can not vote yes.
Roloff stated that he feels the 2 should be voted on separately because the standards are different, which is his reasons for handling them separately.
White stated that she shares Lance’s concerns on the planting plan.
Roloff stated that the work that has been done “as is”, is grass and what was provided is a plan that what they want to do with the landscaping regarding the retaining walls and explained how he is looking at the issue.
Motion by Roloff, seconded by Sprecher, to approve the request for the
special exception permit for filling and grading, with the conditions listed
by Planning & Zoning.
Motion carried 2-1 with White in opposition.
The Board then discussed the variance request. White referred to her previous statement regarding the variance request.
Motion by White, seconded by Sprecher, to deny the request for the variance
because the testimony given for the request does not meet the criteria
for a variance, being hardship or unique property limitations.
Motion
carried 3-0.
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.
Dennis Frye, applicant, appearing in favor of the request, stated that their intent is to start a business on their own, which they feel would fit well on the existing property. They value the country living and looking to preserve the look of their historic home and renovate the barn to preserve the look of the homestead.
White spoke of the ordinance which they are applying for the request under and asked the applicant to address the “….other available locations” part of the ordinance. Frye stated that would mean they would move into town and purchase an alternative location and yes there are options, but renovating their own property, and the economic part of this, it allows them to start their business within their economic means of doing so.
White then spoke of the cottage industry requirements and read from the ordinance. She asked how this is something that is produced by the cottage industry and suggested this not like producing rugs or harvesting apples, etc. Frye stated this is more of a service, as far as rebuilding a diesel engine, a turbo charger, fuel system, type thing and is more of a machine shop and working on the components and is more of a service type work.
White asked about the percent of business that will go to each of the markets listed in the application. Frye stated that most of the business will be in repair of tractors and such for farmers, but as time develops the performance line will increase and become a 50/50 type business between general repair and the performance line of the business.
White asked about how many vehicles or pieces of equipment will be around. Frye stated that his average will be 2 pieces up to 5 pieces and mostly everything would be kept inside, but if something were to be stored outside, there is an area by the barn that is out of site.
Lance Gurney, Director of Planning & Zoning, appearing as interest may appear, and stated that he was contacted by the applicant early on, and discussed with the town if it would fit under the existing zoning as a cottage industry or if it should be rezoned. He stated that they went through the Town Plan Commission and Town Board, and using the comprehensive plan, the Town felt that encouraging cottage industry uses rather than rezoning, and using the business plan as presented, as a start up will be an ag related business, and would fit as a cottage industry. He also stated that this will be a 5 year permit, and if there are numerous complaints, the permit can be revoked and have the applicants reappear.
White stated her concern is not with noise, but working with truck pullers or high performance diesel engines, the next step would be to set up a display area and sell this and that and feels that would cross the line of a cottage industry. Gurney stated he has explained to the Fryes that if their business involved that, they would have to consider relocating the business.
Roloff stated that lands zoned in the Exclusive Ag district are quite restrictive of what you can do, but 7.05B(2)(1),6 offers some flexibility. Gurney spoke of the rewrite of the Exclusive Ag ordinance.
Roloff asked about the Town Acknowledgement form and asked if the Town met and made a recommendation. Gurney spoke of Exhibit 8,1, as turned in by Lorenz under the communications part of the meeting.
Seeing as no one else wished to appear, Roloff closed the public portion of the hearing at 10:35 a.m. and the Board went into deliberation.
Sprecher stated he whole heartedly endorses the procedure of taking an old barn and rehabilitating it and using it for something good and this applicant is doing things the right way.
White spoke of the fact that she appreciates that staff will be monitoring the site for compliance.
Motion by Sprecher, seconded by White, to approve the special exception
permit to authorize the location of a cottage industry, with the conditions
listed by Planning & Zoning.
Motion carried 3-0.
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.
Sprecher asked if the permit is for moving of materials and is it on site or bringing in material. Lorenz stated that it looks to him that the material would need to be removed from the site.
White asked if there were similar retaining walls in the area. Lorenz stated he did not see any in the area, but is aware of boulder retaining walls located around Lake Redstone.
Roloff asked about an attachment to go with the Town letter. Lorenz stated that he did not get an attachment either.
Todd Denman, agent for the applicant, appearing in favor of the request, stated that the is the excavator for the project, stated that the Town did approve the request, as he was at the meeting.
Roloff asked if he received an thing from the Town stating it was approved. Denman stated they just signed a piece of paper stating that it was approved, but he doesn’t have it. He also stated that he has spoken to the DNR to dredge out the area that is silted in, yet still has to apply for the permit. They also asked the neighbors next to the property for permission to use their access drive to haul the material off the property. He spoke of the culvert removal and put riprap in place of it and plans on cutting the silt out about 2 feet.
Roloff asked if that was part of the walls. Denman stated that that part of the project must be done prior to when the walls are done and the culvert is on Lake Redstone’s property.
White asked how many trees will be cut as part of the project. Denman stated no trees would be cut, they will go around them.
White asked if he has worked on Lake Redstone before. Denman stated he has. He also addressed the building of the retaining walls and the access material that will be taken for those, will be used on site.
White asked when this project will be done. Denman stated they do plan to do it this fall, will seed and mulch it and put the silt fence back up and if the grass doesn’t establish, they will go back in and seed it in the spring.
Roloff asked about the water runoff. Denman stated the water flow will not change and the water that was there in the end will be the same as it was in the beginning.
Warren Frank, appearing as interest may appear, stated that he has spoke with the Township about their decision and they did approve the project. He also stated that he is on the Lake Redstone protection district and they are in support of anything that will improve the lake and silt run off of the lake. He then spoke of the layout of the bay and how the DNR would permit that project and feels that the Township has responsibility to the area as well, especially with the farms that are located above and the silting that can still happen because of them.
White asked if there is an opinion on the timing of the project. Frank stated that they are surprised that they are still planning on doing the project this fall because no vegetation will be able to be established and spoke of other projects around the lake. White stated her inclination is to give the permit for this spring, rather than for this fall. She also asked about the silt fence used in other projects around the lake that had failed.
Lorenz, reappearing.
White asked if they can approve with a timetable placed. Lorenz stated the board can place whatever conditions on the project they would like.
Sprecher asked about the water runoff. Lorenz stated he has not been out there after a storm event and doesn’t know how much water goes over or through the culverts.
Roloff spoke of his familiarity of the bay and the lay of the land.
Seeing as no one else wished to appear, Roloff closed the public portion of the hearing at 11:10 a.m. and the Board went into deliberation.
Motion by Sprecher, seconded by Roloff, to approve the special exception
permit, with the conditions listed by Planning & Zoning.
Motion
carried 3-0.
Lorenz spoke of the proposed 2007 meeting dates and the need for acting on them at this meeting because of the deadline.
Motion by Sprecher, seconded by White to approve the January 25 th meeting date, and the balance of the meeting dates will be dealt with at that December 2006 meeting.
The Board adjourned at 11:15 a.m.
Respectfully submitted: Robert Roloff, Secretary