DATE: March 22, 2007
PRESENT: Richard Vogt, Vice Chair Halsey Sprecher Robert Roloff Linda White David Wernecke
ABSENT: Bruce Duckworth, Chair
STAFF PRESENT: Gina Templin Dave Lorenz Matt Bremer Mary White
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Vogt 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
White seconded by Sprecher.
Motion carried 5-0.
The Board adopted the agenda for the March 22, 2007 session of the Board
on a Motion by Sprecher, seconded by Vogt.
Motion carried 5-0.
Motion by White, seconded by Vogt to adopt the February 22, 2007 minutes.
Motion
carried 4-0 with Roloff abstaining.
None to report.
A. Mike and Kelly Schmidt (SP-06-07) requesting a special exception permit to authorize filling and grading on slopes of ore than 20% to repair an eroded shoreline.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and the property, and explained the process in which the suspension followed.
Michael Schmidt, applicant, appearing in favor of the request, explained the property and details of what the project would include.
Vogt asked how far the erosion problem continued along the shore.
Wernecke questioned how this project is going to be carried out. How can department enforce the code. Schmidt stated that erosion control will be removed and replaced each day. Site will be monitored.
Exact location of the proposed wall was discussed. Amount of fill needed was reviewed.
Roloff questioned if the DNR permits have been issued. Schmidt stated that they were. He also stated that they have also received approval from the town and riprapping will be the first part of the project. Mr. Roloff requested that the DNR permit be given to the Planning and Zoning office.
Larry Volz, appearing in favor of the request, stated he represents the Town of Delton and that they voted to support the request.
Templin replaced White as recording secretary at this time.
Seeing as no one else wished to appear, acting Vice Chair Vogt closed the public portion of the hearing at 9:35 a.m. and the Board went into deliberation.
White stated the project seems like a thought out projects and feels it is a good start. Roloff agrees that the project is well thought out and the applicant has received and researched the necessary permits.
Motion by Roloff, seconded by White, to grant the special exception permit
for filling and grading with the conditions recommended by Planning & Zoning.
Motion
carried 5-0.
B. Carol Clement Stanton, Russ Hansen, Agent (SP-07-07), a special exception permit to authorize the construction and o9peration of a 200 unit campground.
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.
Wernecke asked about Section 13, which includes night lighting. Lorenz stated he believes that is removed, however he has not heard from the applicant if it is back in there. Wernecke stated that he understands that the application has it in and make the board notice that the application is back in.
White asked what the difference is between this application and the one that was granted in 2005. Lorenz stated the application is similar, however, their timetable was about to expire and they ran into issues.
Vogt stated he understands that this is an extension of the old permit, however they are applying for a new permit.
Russ Hansen, Agent for the applicant, appearing in favor the request, stated that they have changed the restrictive convents, which he reviewed, including #1, #6, and spoke of the decision letter from the Board of Adjustment which required certain conditions. He then spoke of a letter of credit, and provided a copy, which is Exhibit IX, 1, as well as preparing a schedule of events, Exhibit IX, 2, which includes the construction schedule and opening date of May of 2008.
Patrick Clary, Vierbicher & Assoc, appearing in favor of the request, stated they have been working on the engineering and environmental issues of the campground, and stated that all his permitting including the chapter 30 and the permit for the road construction is still up to date and ready for the construction.
Paul Bremer, appearing in opposition, presented Exhibit X, 1 –13, which is a petition/letters signed by 21 people in opposition to the project, and stated that he lives in the area where the campground is proposed and representing the people that signed the letter. He stated they were here with the prior request and spoke of the lack of efforts and permits for the project and their largest concern was that the project was under funded and not done properly. He also stated that he reviewed the staff report of 2004 and concerns of the roads, that it was against the existing land use plan and not properly set up for fire and ambulance. He then spoke of the road shape and them not being able to handle the heavier RV’s and such. He also spoke of the discrepancy of the Town board versus the feelings of the Town Chair, and the worry of neighboring property values decreasing, which was verified by realtors, and the fire and ambulance response times and the issues the town is currently having with services. He stated there were over 35 people at the board meeting concerned about this issue and the surrounding neighbors have been against this proposal from the start and asking the board to deny the request, based on him having the chance to do it, he failed and that is the exact issue of why they were against it in the first place.
Vogt asked who was on the petition. Bremer stated that the letter he presented is property owners that were off the notice that the Board sent to the neighboring property owners. Vogt asked how many of them have a home in the area. Bremer stated he believes everyone but one person has a residence near the proposed project. He explained that they were ignored at the Town level and feels their concerns were also ignored at the last BOA meeting.
White asked what kind of funding would be required. Bremer stated that he did his research in 2004 and came up with a number of $1.2 to $1.4 million. White stated his letter of credit is for $1.6 million. Bremer asked about the 5 year permit and feels it should be for a shorter amount of time. He also spoke of the opposition when the property was rezoned to be able to apply for the project.
Wernecke asked about the zoning of the property allowing for this type of use. Bremer stated that they were opposed to the rezoning and it was even tough at the county board level, only passing by 1 vote. He stated that he doesn’t feel you could find a neighbor to come here and speak in favor.
Michael Lew, appearing in opposition, stated that he doesn’t care of there is a letter of credit, but his concern is that for owning the property for 10+ years, since the last application, there have been new homes built and all neighbors are opposed to this project. He spoke of noise issues, night lighting, camp fire smoke pollution, not to mention a fire that gets out of control with all the forest and loss of homes, and concluded with the fact that county road p is not a flat road, and the entry for that road is on the crest of county road p. He also spoke of construction and a detour last year and the increased traffic on that road provided for several instances where crashes could have occurred and adding a large slow moving vehicle. He also stated if this project is approved, they will have to sell their property and other neighbors have said the same thing.
Vogt asked about the zoning and the area around there zoned recreational. Lew stated he doesn’t know what it is zoned and there are no recreational uses around there and there are only single family residential homes there.
Paul Bremer reappeared, stated that nothing is being rezoned for recreational commercial around there and spoke of the rezoning that took place in July of 2004. He also spoke of the Vet office on Highway H, and the permit that if that is not a vet clinic it has to resort back to Agricultural, and the concern of whether or not there is a campground there, what will be allowed, and how to make them revert back to Agricultural use.
Vogt asked when it was rezoned. Bremer stated that is was rezoned in July of 2004.
White asked about the traffic. Bremer stated Coon Bluff Rd and Lyndon Rd will be the roads to be traveled, and spoke of the terrible shape of the roads currently. He provided Exhibit XI,1, a copy of the map used in the staff report for the rezoning.
Russ Hansen, reappearing in favor, stated that the access to the campground is mostly Highway P and is made to handle 20,000 cars a day and currently handles around 5,000 cars a day and have proposed to build ramps into and out of the campground at their own cost. He also stated that many of the issues he brought up were looked at during the rezoning process and feels many of his issues are only personal opinion and nearly all of the property on Beaver Creek road is rental property. He then spoke of the truck with a water tank on it to use in case of a brush fire, and spoke of 50 letters of support of the rezone of the property and spoke of being happy with the 2 year permit versus the 5 year permit. He confirmed that they are not requesting the sports lighting and the bypass lanes and doesn’t feel they need them because Highway P traffic has been reduced, doesn’t feel people will use Coon Bluff Rd, stated that Christmas Mountain is all zoned Commercial and feels his campground should generate more cash to fix the roads. Reassured the board that if approved, it would be done and open for business by May, 2008.
Lew reappearing in opposition, stated that he used to be on the other end because of his job that had him showing up to apply for or get approval for these kinds of issues and stated that the applicant is not telling the board the truth and never did address the issues of concern once the campground is built. He continued to speak of the dangers of the road and the increased liability of accidents based on the blind spot that the crest of the hill creates. He also stated that the road is flat directly in front of his, place, the road is not flat.
Hansen reappearing in favor, spoke of concerns those in opposition had. He stated that there was research done and the smoke will not be a problem, traffic will not be a problem and that he never stated to the board that there was rental property in the Beaver Creek subdivision.
Seeing as no one else wished to appear, Vice Chair Vogt closed the public portion of the hearing at 10:20 a.m. and the Board went into deliberation.
Vogt stated that the rezoning that was done in 2004, this project has been festering for 3 years now, it was approved 2 years ago.
White stated when it was approved the first time, passing lanes were required and feels it is valid the concern of people using township roads.
Wernecke stated it was rezoned by the wisdom of the town board and county board, and can question whether it was a wise decision in the past, does this development meet the conditions of a special exception permit.
Vogt stated if you deny it, what are you saying to the town board and county board.
Roloff stated there is a permitted use for a property rezoned for it, and doesn’t feel the merits have changed, except for to approve it, and feels that he is in favor of this.
Wernecke questioned the night lighting address in Section 13 and to understand that if voting to approve, that will not get included.
Motion by White, seconded by Sprecher, to approve the request, with
the conditions listed by Planning and Zoning, changing the
permit renewal to 2 years versus 5, and to not allow any printed advertising
material to promote the use of Town Roads, and night lighting will not
be included with this permit.
Motion carried 5-0.
The Board recess until 10:35 a.m.
C. The Kraemer Company LLC, (SP-08-07) a special exception permit to authorize the continued operation of a quarry.
Dave Lorenz, Environmental and Zoning Specialist, appeared and presented a letter from Richard Dana asking for the Board to delay the hearing for 60 days. He then 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 any areas of the pit are reclaimed. Lorenz deferred to Matt Bremer, as he deals with the reclamation on the quarries.
Wernecke asked if any violations of the site or documented complaints on the area. Lorenz stated none that he is aware of.
Vogt asked about the request to delay for 60 days. Lorenz stated that in the past a person was notified, however, he was not notified for this years. The property is located across the road from the mine, but is not contiguous, which is why he was not selected to be notified and explained that by statute, you must notified all parcels contiguous to the property, and that requirement had been met for this hearing. Vogt asked if he had officially complained prior to this. Lorenz stated he doesn’t know and you would have to ask him.
White asked about the staff report and concerns raised in the letter asking for a delay. Lorenz stated he feels the concerns may be questions with the staff recommendation.
Roloff verified that the meeting was legally noticed.
Motion by Sprecher, seconded by Roloff, to deny the request of Exhibit
XIII,2, a letter from Richard Dana for a 60 day delay in today’s
public hearing.
Motion carried 5-0.
Mr. Dick Marino, applicant appearing in favor, provided background of the property and operation of the site and the 2005 permit was only for 2 years, so that the coordination of the site could be done, as there were 2 permits on 1 property, so the renewal today will allow for the 2 permits to become one and operation on this one site. He also spoke of DNR permits that they have to operate in that site and that the entire sight will never be quarried as there is no adequate rock on some of the property. He also stated that they reviewed the conditions listed by the county and stated that they agree with all the conditions. He spoke of the neatness of the property, security with a locked gate, limited visibility of the site, and the need for quarries and the materials and asked for the boards support of the 10 year renewal and the coordination of the timing on their permits.
Roloff asked if Planning and Zoning has been out to inspect the operation. Marino stated that Matt Bremer goes on site for blasting, but they are allowed on site at any time and can and have made visits without informing the company that he would be onsite. He also stated they notify P&Z and adjoining neighbors of blasting. Roloff asked of any issues while blasting. Marino stated that no issues that he is aware of.
Roloff asked about the bonding on the property. Marino confirmed that they do hold a bond on the property and is adjusted when more property is added.
Roloff asked about the relationship with the Town and fixing any Town roads. Marino stated they have a very good relationship with the Town of Freedom and has always fixed anything they asked for.
Roloff asked about DNR permits. Marino explained.
Roloff asked about the hours of operation and if there is any problem operating in the constraints of the special exception permit. Marino stated he has no problems with the hours of operation, however they operated on July 4 th, 2 permits ago, however, feels that issue was taken care of. Nothing during the last 5 year permit however.
Roloff asked if the reclamation had been started during the 5 year period. Marino stated work has been done, but nothing was submitted to the county for reclamation approval. He explained that they are going into the floor versus opening up the walls, and the footprint will remain close to the same.
Roloff asked about the timing of reclamation. Marino stated that they have nothing specifically in place, but it will be done.
Sprecher asked how much life/material is left in the property. Marino stated there is a lot of life and material at this site.
Sprecher asked about a closer site to get material. Marino stated that Rock Springs is the closest quarry, however most of it is quarried for rail. Sprecher asked about future openings. Marino stated that it has gotten a lot harder to open new quarries.
Wernecke asked about the 2005 permit, nearly 130 acres available versus 225 acres. Marino stated that they did release some of the area because the owner put it in a DNR program.
Wernecke asked about the permit condition of the Weitzel property tonnage maximum and what is expected to take out. Marino stated that the tonnage limit was put on there for the political expediency, as most material was coming off another property. With one permit a 75,000 ton limitation would be problematic. Wernecke asked how much had been taken out if you put the two properties together. Marino stated because of the slow years it has been around 30,000 tons. The limit of 75,000 would limit their operations if larger jobs came across and the market place limits them, as this site typically is used for local work and want the ability to bit the project out of this quarry.
Vogt asked what most of the material goes for. Marino stated that it is used for the local market with road gravel.
Vogt asked if it is quartzite and the same quality as the Martin Marietta site. Marino stated it is basically the same material.
White asked about 5A, a map that shows areas marked for timeframe and if they expect the material to be run out in 10 years. Marino stated they are just marking the anticipated phases and it will always be based on the market.
Wernecke asked about the western part of the Weitzel site, as you get into the later years, will there be a direct sightline from County Road PF. Marino stated he isn’t sure about the site line from Highway PF, it is wooded right now, but really can’t answer based on the later years.
Wernecke spoke of the proposal by Planning & Zoning asked for the permit based on the 2000 permit rather than the one in 2005 and asked what the difference is. Marino stated the 2005 permit has the 75,000 tonnage limit, but all the hours of operation are basically the same, and the 10 year approval.
Harold Dallman, Town of Freedom Chair, appearing in favor of the request, stated that this issue was brought up to a board meeting in February, a legally posted meeting, and provided the town with the same application that is the same as what is before you. He noted that there is a board member that is a Klingenmeyer, who excused himself, and the board approved the application as presented, with 3 members in favor out of the 5.
Roloff asked about the road conditions and them working with the Town. Dallmann stated that the road is in good condition and the Kraemer Company has agreed to pay for improvements to the road and the road had been seal coated, paid for by the Kraemer Co. The only maintenance they do on that road is plow snow and mow the ditches, they do everything else, and have a good working relationship with them.
Wernecke asked about the Town Board discussion, and if they talked about the tonnage limit. Dallmann stated they did not discuss it, but they approved it as it was presented to them.
Jim Lampman, appearing in opposition of the request, stated that in 2002 they spoke about the quarry issue and at that time, they set the 75,000 limit and they thought that it was for the entire quarry, not just for one side. He also spoke of hours of operation.
Wernecke asked about the copy of the Town Board minutes. Lampman provided a copy of the Town Board minutes.
Greg Prosser, appearing in opposition, spoke of just finding out about the meeting and they have been vocal opponents against the quarry since, had they had more than 24 hours notice, she would have been able to be here and make more of a presentation such as what they did in the past. He then read a letter from his wife in opposition of the request. He also spoke of his own issues such as them being inactive for 40 years, his feeling that his property rights are being taken from him and they were there prior to the quarry.
White asked about the complaints that were spoken about, where they went. Prosser stated that they would issue them to Planning & Zoning, however they have not registered complaints within the last 2 years. He then stated that if they had proper notification, if Kraemer’s were good neighbors, they would have made it a point to have them on the notification list. His opposition reasons have not changed, and are all the same as they have been stated in the past. Feels 5 year permit is more acceptable than a 10 year permit. He continued to explain how he felt his property rights were being neglected.
Vogt asked how many acres are owned. Prosser said about 5 acres.
White asked what his #1 issue is. Prosser stated his property rights should be considered. White asked which property rights are being violated. Prosser stated his biggest concern is the trucking, traffic & noise from crushing.
David Gibbs, appearing in opposition, stated if no limit is imposed, an alternate route should be considered, as well as a 5 year permit versus 10 years. Also feels the Board should do their own site inspection.
Vogt asked how far from the site their residence is located. Gibbs, stated they are 1370 feet east of the quarry and the thing that affects them the most, is the crushing noise, but that has been cut down and is more tolerable.
White asked about the route being changed and asked him to show where a road could come out and who’s property it would have to cross to get there. Gibbs stated it would have to be investigated.
Dick Dana, appearing in opposition, stated he lives about a ½ mile from the quarry and stated that many people are opposed to the scale of the quarry and explained his issues. He then passed out a map showing red dot of where people live that were opposed to the quarry 2 years ago. Feels this is a legal issue and explained to the Board several times that he is prepared to litigate this entire matter.
White stated that the Township board has supported this issue in the past, if you hold County offices completely responsible, do you hold the town board responsible for this too. Dana stated he does and complained about how things are posted and complained about how the town represents him and continuously stated that they will make this a legal issue and haul everyone into court.
Michael Lasceski, appearing as interest may appear, his questions are more for the Kraemer company, but asked what a special exception permit is what all quarries apply for and could that be contrasted to a general permit. Vogt explained the difference between a general permit and a special exception permit. White also explained how a specific use request would work. Lasceski also asked what length of time is given for a quarry. The board explained. Lasceski asked how many loads maximum per day could you haul out of the quarry if you wanted to. He figured out that the tonnage could be taken out in as little of 20 days. He also talked about his thoughts on better communication.
Dave Sullivan, appearing as interest may appear, stated he lives about 1 mile east of the site, and suggests to the board to put themselves in the shoes of the people that. However, he himself has not had any problems with the quarry.
Matt Bremer, Sauk County Planning & Zoning, appearing as interest may appear, stated that when he took his position, we had 44 mines and since have closed or in the process of closing 7 mines, and this is the only mine within our county that has any tonnage limits assigned to it or any portion of it.
Vogt asked how often he gets out to inspect. Bremer stated he does informal inspections on every mine that does not have a blasting history. Stone quarries have a blasting requirement that make that inspection easy and does that inspection at that time and in the “comments” areas of this report is where he adds any issues. But confirmed that he has no comments on this quarry and this site has always met the legal requirements of blasting.
Wernecke asked if he received any complaints. Bremer stated he did not receive any complaints on this site in the last 2 years.
Vogt asked if the reports are available to show his comments. Bremer stated in the stone quarries the blast reports are available.
Vogt stated he has nothing negative to report. Bremer stated that is correct.
Sprecher asked how many quarries in the county do blasting. Bremer stated it is a 50/50 split between stone quarries and the other quarries. He explained some of the state definitions of a mine.
White asked if there is any reclamation going on at this site or any issues with groundwater and such that would be of some concern. Bremer stated a long time ago, there were issues about the settling ponds, which was investigated by the DNR and found not to be an issue. He then addressed the reclamation and how that is addressed in a stone quarry. He spoke more about the reclamation in the county, the fees assessed and how reclamation is typically done in a stone quarry.
Vogt asked if the DNR inspects these quarries as well. Bremer stated if they do, he is not aware of it.
Vogt asked if any negative reporting has been done by the DNR. Bremer stated he has not.
Wernecke asked about the acreage discrepancy. Bremer spoke of the quick claim deed, the reclamation acreage and bond, showing that 80 acres removed. He continued to explain what his responsibilities are when it comes to the quarries in the County.
Bob Jewell, appearing in favor, agent for the Kraemer Company, stated that the total acreage should be 143 acres on the Klingenmeyer property and 10 acres for the Weitzel property - the 225 acres should be replaced with 153 total acres. He also stated that he gave the presentation to the Township and that he made mention twice during that presentation that the maximum tonnage be removed and the Town voted on the presentation.
White stated that the only difference of hours of operation between the two quarries is that the Weitzel pit can operation from 8 am until noon on Saturday. Jewell stated they would like the hours to be consistent on both and the tonnage be removed.
White asked what the hours would be, either no operation on Saturday or allowed 8 until noon on Saturday. Jewell stated crushing is only done during the week, but they would like to allow for trucking on Saturday, as it is now. He also spoke of beauty being in the eye of the beholder – where do you put these operations.
Vogt asked about the mid-continent rail. Jewell stated that as far as he knows, the line is not suitable for material hauling, but is used as a small line for hauling passengers for tours.
Vogt also asked about looking at a different entrance/access point. Jewell stated, at this time, they have not.
Vogt asked about the rail right of way. Jewell stated they have not talked to them yet. He also stated that as far as the public announcements for the meetings, the proper agencies are going to make those contacts.
Dick Dana, reappearing, stated that Lance Gurney told him that there are now more quarries extracting rock than there were before. He also spoke of the Baraboo Hills.
Seeing as no one else wished to appear, Vice Chair Vogt closed the public portion of the hearing at 12:20 p.m. and the Board went into deliberation.
Roloff stated he would like to see the permit be for 5 years versus 10. Sprecher stated if there is any violation, they can be closed down and have to come back, why limit them. He stated he lives next to a quarry, understands what its like to live next to a quarry.
White stated there is a public need, however, part of protecting the public is to allow them to have a voice. She stated that the Kraemer Company does have pits that are for 10 years, but no one has shown up for those pits.
Vogt asked what about the tonnage. Sprecher stated no limit should be put on a tonnage, as no other quarries have a limit on them.
Roloff stated if you put that with a 5 year limit, and they have not exceeded that limit, it gives them a shorter limit window of time, maybe in 5 years there will be a better notion of what the need is for gravel, however, he agrees with Sprecher that there is not a need to put a limit on them because of experience.
Vogt stated that the one quarry does not have any limits on it now. Wernecke stated that the town thought the limits were placed on the entire operation. He also stated that he feels it should be a 5 year permit for public interest and if they are going to take the recommendations of the planning & zoning department, that the hours of operation need to be updated and realigned, a section needs to be removed, but feel the tonnage limit is sufficient. He suggested using the conditions under Section 3 – 9,10,11,12 and 13. Section 3, 11 (a) be changed to 6 a.m. to 6 p.m. to be in align with the more recent timing, d allows for 6 a.m. to 11 p.m. for maintenance, but others allow for 24 hours. One 3-12, under #14, the more recent language for that is the reclamation to comply with NR135 and Chapter 24 SCCO. (Take language from 3-7 #14) which would go in place of 3-12, #14. He then suggested what is missing from the document is the issue of setting maximum limits for tonnage and if they were going to agree to that, they would have to add #17 to the document and insert that language.
Roloff stated he is not in favor of limiting the tonnage.
White stated she has a hard time making this pit different from all the other pits in the county and they really haven’t had any issues with people coming in.
Motion by Wernecke, seconded by , to approve the request, with the conditions listed by Planning and Zoning referring back to sp-24-00, with changes to hours of operation as discussed above, changed to section 14 as discussed and with the addition of section 17, which a maximum allowable tonnage of 75,000 tons calculated on an annual basis, with permit to be renewed in 5 years. Motion fails due to lack of a second.
Motion by Sprecher, seconded by Roloff, to approve the request, with the
conditions listed by Planning and Zoning referring back to SP-24-00, with
changes to the hours of operation as discussed above, changes to section
14 as discussed above, and said permit being granted for 5 years, at which
time the applicant/agent will reappear before the Board of Adjustment for
renewal.
Motion carried 4-1 with Wernecke in opposition.
The Board decided to break for lunch for 45 minutes.
The Board reconvened at 1:30 p.m.
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 there are lodging houses anywhere else in the area? Lorenz stated none that he is aware of.
Vogt asked how far away this site is from the mini-golf area. Lorenz stated it is probably a city block from County Road DL where the entrance to the park is.
Wernecke spoke of map 6,2, behind and to the east of there, is that a platted subdivision and are those single family as well. Lorenz stated it is a platted subdivision, and in the photograph from 2005, it looks as if only 1 building exists there, and it is zoned single family.
Vogt confirmed this is a single family residential district. Lorenz stated that is correct.
Robert Anderson, applicant, appearing in favor, stated that he purchased the land to build a log house and then sell it, however it won’t sell and he is stuck with a piece of property that he can’t sell and wants to recuperate some of the money until he can sell it. He does not intend to do this on a long term basis, this is only a temporary measure to help him make the mortgage payments.
White asked about clientele. Anderson stated he would use Sand County Services out of Wisconsin Dells and people contact them to look for rentals.
Vogt confirmed he lives in Reedsburg and built on speculation to turn a profit and did not intend to live there. Anderson stated that was correct. He also spoke of Sand County managing the property, his wife and he will do all the maintenance on the property and intends to leave it on the market to sell it. He also spoke of rules assigned to the property and the off street parking, as well as the security for the park patrol.
Vogt spoke of the letter received from the Town of Baraboo in favor of the property, along with some restrictions on the property and asked how he feels about the restrictions the town suggested. Anderson stated he has no problem with the restrictions.
Wernecke asked why he did not look into simply renting the property. Anderson said the ordinance does not allow him.
White asked about the management informing what the typical lodging house is. Anderson said it is typically 2 weeks per month and 2 weekends per month from Memorial Day to Labor Day and they are not renting it out by the weekend and require them to have a minimum of 3 nights stay.
White stated that the only fencing on the property is corner markers. Anderson stated that is correct, he also spoke of the sign he is planning on, and a yearly contract with the management company. He also stated that all the neighbors will be presented with a card with his contact information and Sand County’s information on it. He stated he received a letter from one of the neighbors, in favor of the request.
White asked if he would have a problem if this was for a shorter period than 5 years. Anderson stated he would not have a problem and would like to sell the property soon.
Darlene Hill, Chair Town of Baraboo, appearing in favor of the request stated that the applicant came to the town board for the permission to have the lodging house and in all the discussion she heard of today about the Town of Freedom, she explained to the Board what the Town of Baraboo does. She also stated the Town Board is in favor of the applicants request.
Vogt asked if there was any opposition at the Town Board meeting. Hill stated no one came.
Wernecke asked if there was any discussion to him renting this out as a single family house. Hill stated they didn’t talk about it, and only concerns were noise, trash and parking.
White asked if there were any other lodging houses in the Town of Baraboo. Hill stated there are not.
Randy Putkamer, appearing in favor, Town Board and Planning Commission member, stated that a lodging house is a permitted use in that zoning district and they addressed all the issues they felt were pertinent, reviewed the contract to Sand County and felt that the price alone, as well as restrictions, will deter the partying type and also appreciate the fact that he will put his name and contact information out there. He explained that the use must terminate once the property is sold.
Seeing as no one else wished to appear, Vice Chair Vogt closed the public portion of the hearing at 1:57 p.m. and the Board went into deliberation.
White spoke of II,2, speaking of signage not being permitted on the property.
Wernecke stated that having the permit be for shorter period of time that would encourage him to sell the property. White stated it is new to the township, they have no experience with the company, 5 years is a long time to wait.
Vogt stated there are pretty strict conditions on the rental property.
Motion by Sprecher, seconded by Vogt, to approve the request, with the
conditions listed by Planning and Zoning.
Motion carried 5-0.
B. Brian & Jody Woodbury (SP-10-07) to request a special exception permit to authorize the location of a machine shop in a commercial zoning district.
Dave Lorenz, Environmental and Zoning Specialist, appeared and gave the history and background of the request and advised the board that the zoning district has been rezoned to Commercial as of Tuesday, March 19 th. 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 confirmed that the property was just zoned commercial and the surrounding zoning is all ag.
White asked about the Town of Baraboo plan and what this corridor calls for.
Wernecke asked about the business and that the position of planning & zoning is incidental and subordinate of retail business. Lorenz stated this would be considered a service business, as they are fabricating materials, and don’t believe they have retail uses there.
Brian Woodbury, applicant, appearing in favor of the request, stated that he has been in business about 14 years and at their current location for the last 11 years and only ¼ mile from where this property is, and operating as a cottage industry right now and have merely run out of room. He also stated that there would be another 40 acre parcel to the west of them that is zoned recreation-commercial that is being used as a farm field right now.
Vogt confirmed that he is classified as a cottage industry right now and just want to expand your business. Woodbury stated that is correct. He also stated that the neighboring house is his parents house and they own 65 acres around the proposed site.
White asked how tall the building is. Woodbury stated it would be 16’ walls with a 4-12 pitch roof, steel building.
White asked if they will continue to live in the neighborhood. Woodbury stated he would.
Randy Putkamer, Town of Baraboo Board and Planning Commission, appearing in favor of the request stated that the applicant has appeared in front of the Town and Planning Commission boards and he has worked well with the Town in the past, as well as confirming that the town recognized it as commercial future development in their comprehensive plan. He also stated there is no opposition from the neighbors and has accompanied them as to their concerns at the town level.
William Greenhalgh, appearing in favor of the request, stated that he has worked with the applicants on this project, as well as attending all the hearings, and is an instance where the applicants business has been successful enough that it needed to grow and this is an opportunity for him to keep his business local and near his home. He did address the prior permit applied for on this site and the property has been zoned commercial.
Randy Putkamer, reappearing, stated that this property is owned by the Town Chair, but she excused herself from anything that took place on the property at the Town level.
Seeing as no one else wished to appear, Vice Chair Vogt closed the public portion of the hearing at 2:30 p.m. and the Board went into deliberation.
Motion by White, seconded by Wernecke, to approve the request, with the
conditions listed by Planning and Zoning.
Motion carried 5-0.
The Board adjourned at 2:35 p.m.
Respectfully submitted: Robert Roloff, Secretary