DATE: April 26, 2007
PRESENT: Bruce Duckworth, Chair ,Richard Vogt , Vice Chair, Halsey Sprecher, Robert Roloff, Linda White
ABSENT: None.
STAFF PRESENT: Gina Templin,Matt Bremer
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 9:00 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 Roloff.
Motion carried 5-0.
The Board adopted the agenda for the April 26, 2007 session of the Board on a Motion by Vogt, seconded by Roloff .
Motion carried 5-0.
Motion by White, seconded by Vogt to adopt the March 22, 2007 minutes.
Motion carried 4-0 with Duckworth abstaining.
Bremer spoke of information received from the Town of Franklin via fax this morning for the SP-13-07, which was presented to the Board prior to the meeting starting.
A. Thomas Block (SP-11-07), a special exception permit to authorize filling and grading to construct a driveway, located in the Shoreland Protection District.
Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request and the property, and concluded with the staff recommendation of conditions if the permit is to be approved.
Duckworth verified that the DNR has issued a permit and has inspected the property to determine it is not a wetland. Bremer stated that is correct, as well as inspections by County staff to determine the wetlands.
Thomas Block, applicant, appearing in favor of the request, stated that the existing culvert is too small and he has a permit from the DNR to install a larger culvert about 150 feet west of the existing culvert and then will remove the older culvert.
Sprecher stated he asked for permission to build a shed and if that will be built first. Block stated the access will be taken care of prior to any building.
White asked how big the parcel of land is. Block stated his land is 77 acres, but that side of the valley is about 37 acres that they have looked at.
White asked if the drive will be through pasture land. Block stated the land was used as pasture land in the past, but he is unsure of exactly what it was used for.
White asked if the plan is to leave that as open land. Block stated they do plan to leave that open.
Vogt asked about the size of the culvert and the erosion control plan calls for a larger culvert. Block confirmed that the old culvert is 48 inches and he did get approval from the DNR to use the same size culvert rather than go smaller.
Vogt asked if it will be buried below the stream bed. Block stated the permit calls for it to be 4-6 inches below the bottom of the stream bed.
The board discussed the completeness of the application and how nicely done the information is that was provided.
Bremer reappeared. White asked if the Town of Woodland has a comprehensive plan. Bremer stated he believes they are working on it. White asked if zoning could provide more descriptive information from the plan so that they don't need to read the entire thing to see if it complies.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:15 a.m. and the Board went into deliberation.
Duckworth complimented the applicant for having a complete plan, having all the specific permits and involvement and waiting until the board has met to start the project..
Motion by Duckworth, seconded by Roloff, to grant the special exception permit for filling and grading with the conditions recommended by Planning & Zoning.
Motion carried 5-0.
B. Pro-scapes Landscaping, Jerry Maj, (SP-12-07), request a special exception permit to authorize the construction and operation of a contractors storage yard, within commercial zoning district
Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
White asked if this was an "oops I got caught, now I need a permit". Bremer referred to the applicant.
Vogt asked if there is another business adjacent to it. Bremer stated there is a competing business just to the west of the property.
Roloff stated this property was previously used as a storage yard for his business. Bremer stated that is correct. He said that we are mostly looking at the concrete storage, as the other cranes and storage is there previously belonged to Labansky.
White confirmed that it is all zoned commercial and that the screening is different for commercial than it is general ag. Bremer stated that is correct.
Roloff stated that the Town of LaValle asked that the storage bins be screened from view of Highway 33 with vegetation. Bremer stated yes, that is exhibit II,4.
Duckworth asked which tax parcel we are looking at. Bremer referred to VI,2, the aerial photo and explained the location.
Duckworth asked how many acres that is. Bremer referred to the applicant.
Duckworth asked if the permit is to operate all of this as a contractor storage yard. Bremer stated that the only part in question is the outside storage bins. There is a permit in place already for the business.
Roloff spoke of the previous use. Duckworth asked if the use is permitted.
Bremer explained to the Board that the only thing in question here is the bins for the outside storage.
The Board confirmed that the property is zoned commercial and built the building for the business and everything is permitted and legal, but this hearing is just for the bins themselves. Bremer stated that is correct.
White asked if the business will be in sight of the homes across the highway. Bremer stated that the specific items they are looking at for today, it would be difficult to see them from those homes. If they expanded to the far east end, it would be visible from those homes.
White asked if that is a separate parcel around the buildings. Bremer stated it is one contiguous parcel.
Mr. Jerry Maj, applicant, appearing in favor of the request. Duckworth asked if he owns that land. Maj stated he does not own the land, but he has an option to purchase. He also stated that he started the project last fall and built a building and prepared the area to store materials associated with the landscaping business.
Duckworth asked if he has a permit for the buildings. Maj stated he does have permits.
Duckworth asked if he is purchasing the entire lot and what the future plans area. Maj stated they will build the entire property which is approximately 5 acres and at this time the owner will move the stock piles and equipment to his own property.
Roloff verified that he will move that machinery and materials behind the business that is TnT Excavating. Maj stated that is correct.
Duckworth asked what is to be done with the land once that material is gone. Maj stated that they plan to add another storage building and shop for the equipment.
White asked if any storage of materials will be taking place behind the building or where Labansky's material is. Maj stated they currently have landscaping blocks on pallets, but everything else on that end of the property belongs to Mr. Labansky.
White asked if the owner informed him that he needed a special exception permit. Maj stated he did say that he would need a permit, but since he still owns the land, he thought his permit would cover the project.
Duckworth asked about the retail business. Maj stated the building that exists is a small office and has an open floor plan for a showroom.
Duckworth asked what kind of equipment is owned to haul and install the material. Maj stated that they own 2 skidsteers, a couple trailers and trucks. Duckworth asked where they will be located when they are not in use. Maj stated they will be parked outside until the shop is built to move them inside.
White asked what kind of plants is planned to screen the property. Maj stated he is planting 5-6" pine trees to start with for screening along the road. White asked if he plans to do the screening for the full lot. Maj stated he was asked to plant the pine trees between the highway and the concrete bins.
Duckworth asked if he has given any thought where they will be planted. Maj stated that there is a few trees already and will try to plant them on the edges of both parking lots.
White asked if Don used that to get rid of some of his waste for storage. Maj stated he can't answer as he was not here.
White asked about where the township asked him to plant his screening. Maj stated that the town asked him to plant them just between the highway and the concrete bins.
Roloff stated that he thinks the rubble that was put in there was for erosion control for the waterway that is located in the area.
Duckworth stated he is just curious where the trees will be planted or where the town states he should plant them. Maj stated he will plant them between the rubble and the concrete storage area.
Duckworth referred to the material shown in the photos. Maj explained and stated he feels that he has improved the property already and have cleaned the property up and is trying to keep it in order and not an eyesore.
Linda Sammons, appearing as interest may appear, stated she is the mother of the owner of Prestige Landscaping and stated she is concerned because this business is open and her son had to wait until the special exception permit was issued.
White stated that he doesn't own the property and if Mr. Labansky has a permit, he has to come in and apply on his own to get the permit. Sammons stated that Maj is operating the business not Mr. Labansky. White stated that Labansky is the owner of the land and Maj needs the permit and approval in his name and explained if her son sold his property, the new owner would have to come in and apply for a special exception permit.
Bremer reappearing. Sprecher asked for an explaining why this was brought to the Board and if he does more if he has to come back. Bremer stated that as best he can understand, in a Commercial District, which this is, it allows for the lawn and garden supply, greenhouses, sales and indoor storage are allowed with a permit, so it is only the outside storage of material that requires the special exception permit.
White asked if it would be wise to use this permit for the entire 5 acre lot so that no one draws a line in the dirt saying you can't cross the line. Bremer stated that the bins are what triggered the appeal, but it would be difficult to enforce it if you drew a line in the dirt around the bins.
Roloff stated that if the special exception permit is granted for the bins and you want to put in more, the permit allows him to put them in, and doesn't feel you can say you can put in bins here and not bins here. The previous owner had all kind of equipment and building material already located in the property.
Vogt stated what he is getting a permit for is what is already displayed in the application for those storage bins, would he have to come back if he wants to expand his storage to the east side or other contractors materials, would he be required to get another permit for that material.
Bremer stated from the enforcement perspective, the area that is in place is what is triggering the application, but without putting an addition condition, the board would be approving the contractor storage yard for the entire area.
Sprecher asked if there was a violation or fines on the permitting process. Bremer stated he would be subject to additional fees for building prior to having the permit.
Duckworth asked if Don has a land use permit or special exception permit. Bremer stated he would have to look that up.
White asked what the difference would be for a previous special exception permit versus a land use permit.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 9:50 a.m. and the Board went into deliberation.
Duckworth feels that the bins are the only issue is incorrect, but feels the outside storage of other material and equipment should be included.
White stated you can't zone part of the parcel without doing the whole thing. Duckworth stated we aren't talking about zoning, but a special exception permit and feels they can require them to mark off where the outside storage will be.
Vogt stated there will be equipment and material that will be moved after the closing takes place.
White asked what is the difference in this case between a land use permit and a special exception permit in this case. Duckworth stated a land use permit is issued by Planning & Zoning and a special exception permit is issued by the Board of Adjustment.
Vogt asked if they can put a condition on the applicant that the outside storage is for the evidence presented at the hearing only and any further development for outside storage on the parcel would require the applicant to reapply.
Sprecher stated that he feels the LaValle board approved the entire parcel and doesn't feel that they should apply addition conditions and feel that they should allow him the ability to expand.
White stated that if they drew lines around it, to do anything else would require him to come in and apply to get permission to something they already allowed him to do.
Motion by Roloff, seconded by Vogt, to approve the special exception permit
requested for the construction and operation of a contractor's storage yard
on the entire parcel, with the conditions listed by Planning and Zoning
and the additional stipulation made by the Town of LaValle for screening.
Motion carried 5-0.
C. James Jenson (SP-13-07), requesting a special exception permit to authorize filling and grading to construct a driveway, located in the Shoreland Protection district.
Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Duckworth stated that since it is not going to cross the creek it doesn't need a permit for the culvert. Bremer stated that is correct, however the DNR was on site and inspections were made.
Duckworth asked if this crosses any wetland areas. Bremer stated it does not.
Duckworth stated the Township asked the drive to be located as close to the creek as possible and asked if that will change the DNR's opinion. Bremer referred to Exhibit IV,3 and the driveway line is outlined and stays out of the area of concern. Duckworth asked what the other markings represent.
Vogt, referring to Exhibit IV,3 and spoke of the flood hazard area on the maps and that is an approximate delineation of the floodplain. He also stated that the white house shown in the video and map is shown in the floodplain. He continued to explain the study and the applicant receiving a LOMA for approval to build on the property.
Vogt and White spoke of the request made by the Town of Franklin and what their intentions may have been in making that recommendation and how that pertains to what is shown on Exhibit IV,3. Bremer also explained his interpretation of what the Town is requesting.
Duckworth asked if the request to put it closer to the creek, if that would be in violation of any of the county shoreland rules. Bremer explained. The Board continued to discuss.
Mr. James Jenson, applicant, appearing in favor of the request, stated he is putting in a road for future plans to build a residence.
Duckworth asked if he has any problems with the Town of Franklin conditions. Jenson stated he does not have any problems with that.
White asked if it can be moved closer to the creek. Jenson stated he doesn't feel it will be an issue.
Duckworth asked he will be doing the work himself or hire a contractor. Jenson stated he will hire a contractor.
White asked when the residence will be built. Jenson stated it will depend on the sale of his house.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:25 a.m. and the Board went into deliberation.
White compliments the Town of Franklin for providing the board with complete information.
Motion by White, seconded by Vogt, to approve the request, with the conditions listed by Planning and Zoning.
Motion carried 5-0.
The recessed until 10:30 a.m. The Board reconvened.
Roloff spoke of the tabled case and the concerns that were raised and the Engineer is present, and has an appointment and asked if the Board could consider if they need to hear from the Engineer or if the plans will suffice. Vogt stated he feels the plans will supply with the information they need and doesn't feel he needs to hear from the Engineer.
• Louis Heitke, Serge Koenig, Sauk County Land Conservation Department, Agent, requesting a special exception permit to authorize the construction of two wetland scrapes in Exclusive Agriculture Zoning.
Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request. He then reviewed the photos and video of the site. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Roloff asked how far this scrape is from the property line. Bremer referred to the applicant/agent, but stated it is within 110 feet. White referred to Exhibit II,2.
Serge Koenig, agent for the applicant, appearing in favor of the request, stated that the project should have no negative affects on the neighbors.
White asked if the scrapes will be filled by rain water. Koenig stated it will be filled by rainwater and groundwater. It has been filled in over the years with sediment, so they will remove that and get it back to its natural state. They are also proposing to restore the vegetation in the process and DNR permits have also been applied for and approved.
Seeing as no one else wished to appear, Chair Duckworth closed the public portion of the hearing at 10:40 a.m. and the Board went into deliberation.
Motion by Roloff, seconded by Vogt, to approve the request for the construction of two wetland scrapes, with the conditions listed by Planning and Zoning.
Motion carried 5-0.
• Mark Fuller (SP-14-07) requesting a special exception permit pursuant to s.8.08(3)(a)1 to authorize filling and grading on slopes of more than 20% within 300 feet of the Wisconsin River.
Matt Bremer, Environmental and Zoning Specialist, appeared and gave the history and background of the request, then reviewed the photos and video of the site. Bremer concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.
Duckworth asked if all the walls were within the setback requirements. Bremer stated he is not sure.
White asked if the house had a permit when it was constructed. Bremer stated that it is the filling and grading that they did that was the violation and citations have been issued. White stated that zoning didn't get all the information they needed or did the owner just ignore the information. Bremer stated he would let the Board ask that of the applicant.
Bremer stated if you look at item IV,3, that is the information Corporation Counsel, Mr. Fuller and Steve Sorenson went through prior to this hearing. White stated he admitted to it, but is not sure if it is ignorance or simply ignoring the requirements.
Duckworth stated that there are several packets missing information this time around from Planning & Zoning and it is important for the board to know information from any permits that have been issued.
Mr. Mark Fuller, applicant, appearing in favor of the request, stated that he built the house as an intern project and went through the building process and stated he understands why people rent apartments. He stated he was unaware of the issues and stated that his contractor secured all the permits and he never informed him of the requirements for filling and grading.
White asked if this person is here today. Fuller stated he is not.
Sprecher asked who issued the building permit. Fuller stated there are different agencies that issue permits.
White asked if he owns this house. Fuller stated he does.
Duckworth asked why Zoning had to take him to court to agree for him to come here. Fuller stated he was unaware of what he to do and didn't understand what they wanted and left it up to the contractor to fix it.
White asked about the 20% before or after. Fuller stated he has no knowledge of the filling and grading.
Duckworth asked if he wrote a thesis on this project and if he is going to include the violations. Fuller stated he will.
White asked if he has the understanding that it is the slopes prior to construction, not after and if anything else is done on the property, he will apply before he starts. Fuller stated he does and will.
Duckworth asked how far away from the property line the retaining wall is. Fuller stated he doesn't know and again stated the contractor did this and he doesn't have any knowledge of setbacks.
Motion by Duckworth, seconded by Roloff to table the request until more information is provide on wall A to verify setbacks from the property line and where the well is located, plans from the land use permit for the house.
Motion carried 5-0.
Motion by White, seconded by Roloff to remove SP-03-07 from the table.
Motion carried 5-0.
F. Jeremy Williams (SP-03-07), a tabled request for a special exception permit to construct a pond within 110 feet of a road or property line.
The Board reviewed the case and the reasons why the request was tabled.
Vogt stated he reviewed the plans and the specification and it is what he was looking for when the request was first made. General Engineering has now supplied the information he was looking for.
Duckworth asked if anyone on the Board wanted to speak to the applicant or the Engineer.
Mr. Jeremy Williams, applicant, appearing in favor of the request, stated that Crouse Excavating would be following the plans and building the pond.
White asked who is going to make sure the plans are done right and who will be doing follow ups. Williams stated that he is trusting the excavator to build the pond correctly.
White stated that if problems happen with the pond at a later date, there will be a lot of issues as to who is responsible and suggests to the applicant to make sure someone is responsible for the oversight and management of this project.
Seeing as no one else wished to appear, Vice Chair Vogt closed the public portion of the hearing at 11:00 a.m. and the Board went into deliberation.
Motion by Vogt, seconded by White, to approve the request for a pond, as submitted with the plans from General Engineering, with the conditions listed by Planning and Zoning.
Motion carried 5-0.
Duckworth spoke of the mission statement for the Board of Adjustment as part of the 2008 budget. The board discussed. Duckworth stated he proposes that he will provide the Board with a mission statement, as well as the original one, for the Board to review and accept.
The Board adjourned at 2:35 p.m.
Respectfully submitted: Robert Roloff, Secretary