DATE: January 25, 2007
PRESENT: Bruce Duckworth, Chair; Halsey Sprecher; Robert Roloff; Richard Vogt; Linda White
ABSENT: None
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 9:04 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 White.
Motion carried 5-0.
The Board adopted the agenda for the January 25, 2007 session of the Board
on a Motion by Sprecher, seconded by Vogt.
Motion carried 5-0.
Motion by White, seconded by Roloff to adopt the December 21, 2006 minutes.
Motion
carried 4-0 with Vogt abstaining.
None to report.
Chair Duckworth determined that the variance request 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.
Laurel Allen, applicant, appearing in favor of the request. Duckworth explained to Allen what she needed to testify to for the requirements of a variance to be granted.
Allen stated the house was built prior to the regulations and could not foresee health problems, which makes the house almost unusable. Where they would like to add onto the home is currently a deck and there are no outstanding features such as a wetland, etc., on the property. She also stated that she had the neighbor’s sign that they are ok with the project, however all adjacent neighbors are seasonal. She stated that she does not feel they would be encroaching on the land to cause any harm, which is why they didn’t go to the north, because that hill is stable.
Duckworth asked what the unique physical limitation is of the property. Allen stated that she doesn’t know that it is different from the other properties. It is a sloping hillside, rural area. The lot is large enough to have room for the addition without encroaching on anyone and can’t see that there would be any limitations to add to the home.
Duckworth asked what unnecessary hardship would be. Allen stated that because of her arthritis, the stairs are very narrow and when they built the home 30 years ago, they didn’t anticipate health problems. The bedroom on the main floor would be converted to a bathroom/laundry room/closet and a hallway to the proposed bedroom, so that everything would be on one level.
Roloff asked if they have explored a stairway lift. Allen stated that they have and 32” is what they would need to install one of those and still have the stairway be useable.
White asked if the stairs are next to each other. Allen explained the plan layout of the home.
White asked if they looked at the possibility of putting the two stairs together to make them wider and moving the stairs going down. Allen explained the layout of the house that would make that difficult.
White asked what the plan is for the stairway outside. Allen stated the stairs located between the driveway and the home on the north, the stairs would be eliminated and a walkway on the gradual slope would be used.
White asked about the permit to do an addition in 1991. Allen stated they were granted a variance to go back on the property, and described what was done versus what they were granted a variance for. She also stated that the garage was set back 75 feet so they were in compliance with that.
Roloff asked if they looked into any other possibility for access to the second floor or changing the stair layout. Allen stated there are rooms above there so they would only have about 27 inches of passageway and the lift would require 32” so you could use the lift and the stairs at the same time.
Vogt asked about the stairs between the garage and the house. Allen stated those stairs can be avoided by going around on the east side of the property using a gradual path leading to the deck. She concluded by stating the land has been in their family for 80 years and it would be a definite hardship to have to leave.
Roloff asked if the Town of Merrimac had a finding on this request. Lorenz stated that the Town did not make a recommendation.
Allen reappeared and stated that when Mr. Grant filled out the form and signed he stated he abides by the Boards decision, since they have ruling in the Shoreland District.
Seeing as no one else wished to appear, acting Chair Duckworth closed the public portion of the hearing at 9:27 a.m. and the Board went into deliberation.
White stated these are tough issues, the property is not harming public interest, the property does have unique property limitations, but is having a hard time finding the hardship and explained her thoughts on that.
Duckworth stated he has a difficult time seeing how any request to increase a house above the 750 sq. ft. would be met under the rules of a variance, as the ordinance states that is the maximum is 750. He spoke of the 1990 set of rules and increasing up to 50% of the value. He also stated that he agrees that he doesn’t see how any of the three requirements will be met, but understands the difficulty with the stairs.
Sprecher stated that they are considering a non-conforming home and if they keep adding to it, he is wondering if the neighbors who signed or approve of the request understand what a non-conforming home is, and has a hard time seeing where any of the 3 requirements are met.
Roloff stated that as far a hardship, remodeling could be done so that everything they need is on that level, so there is an alternative.
Motion by White, seconded by Roloff, to deny the request as it does not
meet the standards required to approve a variance. Public interest is protected,
the property has some uniqueness, but a hardship is not proven, as the
hardship testified does not prevent them from continuing the use the house.
Motion
carried 5-0.
No one is here to represent the next case. The Board determined to go onto “C” on the agenda while they thought about what to do about the Saccomanno hearing.
C. Jeremy Williams, (SP-03-07), a special exception permit to construct a pond within 110 feet of a road or property line. This property is in the Agricultural District, described as: part of the NE ¼, NE ¼, section 20, T13N, R2E, Town of Woodland, tax parcel 044-0399.
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.
Jeremy Williams, applicant, appearing in favor of the request, stated that he did not go to the meeting at the township, but didn’t hear that they had any problem.
Duckworth asked what kind of problems this project will cause for the neighbors. Williams stated he doesn’t feel it will create any problems.
White asked how long he feels this would take to fill up. Williams stated he doesn’t know, but there is about 35 acres that will run off into this area.
Sprecher asked about the run off over the dam and house is that handled. Williams stated that the overflow setup was laid out by General Engineering on the plans and explained what is shown on the plan.
Roloff stated that there is a culver that will manage the water in the pond and the concrete overflow will handle the extra. Williams explained.
Duckworth stated he just had the dam designed, but didn’t have much input into it. Williams stated that he told General Engineering what he needed and then they designed it.
Duckworth asked who was going to build the dam. Williams stated it would be Krause.
Vogt asked if General Engineering would inspect when the project is completed. Williams stated he doesn’t believe they will be inspecting anything unless the Board requests that.
White asked about the water level. Williams explained that he isn’t going to do anything right now, but plans to have fish in there, so it will depend.
Vogt asked about the borrow material. William stated they are going to get it from all around the property. They are just going to take whatever they need from the property there and have to haul in from anywhere else.
White asked about the material and if it would be coming from fields that are already tilled. Williams stated it would come from pasture area. White asked about an erosion control plan. Williams stated he doesn’t have one. White asked if anyone has a plan or if they are going to just come in get the dirt and go to it. Williams stated that he is paying them to do it right. White asked who is going to be responsible for fixing the land where the fill will be taken from. Williams stated that would be between him and the excavator.
Roloff asked about Exhibit II,5, if those elevations are above sea level. Williams isn’t sure.
The board stated it is an assumed elevation and an arbitrary number that they came up with for that site.
White asked when he expects this to be constructed. William stated that the excavator can start as soon as he can start depending on the frost in the ground.
Vogt asked if this contractor has built such structures before. Williams stated that they have built ponds before.
Vogt asked about any specifications that go along with the plan, or a layout for specifications for construction. Williams stated he did not get anything.
White asked if the engineer provided any specific plan to keep the dam stable. Williams stated they were just going to take black dirt and go over the clay dam.
Vogt clarified that he has no specifications for the dam from the engineering firm. Williams stated he does not. Vogt explained the specifications that he is looking for.
White explained the problem in not having specifications and future problems that could be incurred. She stated that she is disappointed in the engineer with these plans.
Vogt stated that if this was a small dam and the typical farm pond, generally there are specifications.
Roloff stated the large dam causes concern with the lack of information provided by the engineer.
The board spoke of the liability. Williams stated there is acres of nothing on the other side of the dam and you won’t wash out anyone’s house or road and can only assume if there was any kind of danger, the DNR would be involved.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:55 a.m. and the Board went into deliberation.
White stated she does have enough information.
Vogt stated there should have been specific specifications provided with this engineering plan.
Sprecher asked what kind of information would you request. Vogt stated he would request construction specifications and that needs to come from the engineer or contractor. Vogt explained his position.
Roloff stated that the plans for such a dam should be designed and stamped by a professional engineer to make sure that it meets acceptable standards for design and materials.
White explained her uneasiness with the lack of information provided and suggested tabling the request so the applicant can get more information without having to reapply.
Motion by White, seconded by Vogt, to table the request until the applicant
can provide more information on specification on how the dam will be engineered
and an erosion control plan prepared for the project and the borrow area.
Motion
carried 5-0.
Duckworth determined that SP-02-07 could be heard as the application was signed by the realtor, who is present today.
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 Dog Kennels are typically non-transferable and have a time limit. Lorenz stated that is correct.
Sprecher asked about the possibility of this becoming a commercial business. Lorenz stated that they meet something like a home occupation, but if they grew, then they would have to address a rezone.
Sprecher stated that isn’t specified in this.
White asked if that would be a separate permit running a kennel and a cottage industry. Lorenz stated that would be up to the boards descression, but their request only asked for a kennel, but the letter stated other things.
Roloff asked about the Town of Dellona. Lorenz stated he understands that they have gone to the Town, but has not received anything from them. Roloff confirmed that they are aware of it, but silent on it.
Shawna Marquart, agent for the applicant, stated that they have been working on this for a year and half and explained the applicants background.
Duckworth asked about the Town. Marquart stated the Town has signed off on it, but doesn’t have any documentation.
Duckworth asked if they are going to build buildings out there. Marquart stated they will use the existing buildings. They have 2 house dogs and 5 will be in the kennels. She stated that they are Doberman breed, and the majority of what she does is organic rawhides and currently have local contracts with the pet stores and pet shops.
Duckworth asked if the rawhide is processed at this site. Marquart stated they are not processed here, but are shipped out from here.
Sprecher asked about their request to have a maximum of 15 dogs and doesn’t feel that the building is large enough for that, as well as boarding other dogs. Marquart stated that she feels that is only for watching other friends dogs and feels the building will fit everything they need.
White asked how big the building is. Marquart stated she doesn’t know, maybe 40x60.
White stated that typically they have information such as hours of operation and a business type plan and feels she is sitting high and dry with this request. Marquart stated that they live on site and there are no employees.
White asked about the training classes and how many dogs would be there for that. Marquart stated that the training process if for their own dogs or dogs that they breed. She also spoke of the waiver that they can retrieve the dogs if they are not taken care of by the new owners.
White also asked about parking issues and neighborhood traffic and feels that issuing something would be a 24/7, 365 days a year because there is no operational plan submitted.
Lorenz reappearing stated that he does not know anything about the operation other than the materials that have been submitted and the owners of the property have not had contact with him.
Duckworth asked about how big that building is. Lorenz stated it was probably about 30x50.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:18 a.m. and the Board went into deliberation.
Roloff asked how long this permit would be for. Duckworth stated it is up to the motioner.
Duckworth stated it looks like an ideal spot for a dog kennel.
Sprecher spoke of the timeframe.
White spoke of more specifications because there is nothing about outdoor runs and such and they have held other applicants to more information.
Motion by Roloff, seconded by White, to grant the special exception permit
for a kennel operation, with limited retail and wholesale business, to
be renewed after 3 years, permit is non-transferable, along with the conditions
listed by Planning and Zoning.
Motion carried 5-0.
The Board adjourned at 10:25 a.m.
Respectfully submitted: Robert Roloff, Secretary