DATE: May 24, 2007
PRESENT: Bruce Duckworth, Chair Richard Vogt, Vice-Chair Halsey SprecherRobert Roloff Dave Wernecke
STAFF PRESENT: Dave Lorenz Mary White
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
Sprecher, seconded by Wernecke.
Motion carried 5-0.
The Board adopted the agenda for the May 24, 2007 session of the Board
on a motion by Vogt, seconded by Roloff.
Motion carried 5-0.
Motion by Sprecher, seconded by Roloff to adopt the April 26, 2007 minutes.
Motion
carried 5-0.
None to report:
A. Charles & Laurel Allen, (SP-16-07), variance to expand an existing house within the minimum shoreline setback exceeding the maximum square footage allowed. The property is described as: S7240 Camp Lake Wisconsin Rd., lot 15 Camp Lake Wisconsin, section 36, Town of Merrimac.
Dave Lorenz, Environmental and Zoning Specialist, gave the history and background of the request and property, and concluded with the staff recommendation of conditions if the request is approved. The Board viewed the video.
Duckworth asked how close the house is to the water. Lorenz stated it was within 26-50 feet from the water. Duckworth asked if the ordinance has changed since the BOA issued a variance in 1990. Lorenz responded that the provisions are still the same. Duckworth questioned whether 50% of the value of the structure was involved. Lorenz stated that provision was in the Floodplain Ordinance. Wernecke asked if there is a public access just east of the property and if lots to the east and west were developed. Lorenz responded that there was a public access and the adjacent lots were development and set back.
Richard Cross, of Cross, Jenks and Maffei, appeared in favor representing the owners. He stated
unnecessary burden could be defined in various way. The expansion will be to the rear and will not be visible from the lake. He sited health concerns as a reason for the request. He also stated the request does not violate the purpose of the ordinance which is to protect the shoreline. This request does not expand the use of the property. Duckworth asked why this was considered a nonconforming use. Cross stated it was too close to the water. Duckworth responded the County Board indicates a nonconforming use is not to be expanded. Cross stated that expanding the first floor is a minor change in the structure. Duckworth said that Sauk County limits expansion based in distance from the water. A similar case in Washara County was discussed. Vogt asked if they still intended to maintain a small deck. Cross responded they would. Regrading the site may be needed. Expansion of the roof line and structure footprint were discussed. Wernecke asked if interior changes had been investigated instead of a variance to make the house more accessible.
Seeing no one else wished to speak, Chair Duckworth closed the public portion of the hearing at 9:40 A.M. and the Board went into deliberation.
Duckworth stated that the variance given in 1990 was based on a 50% structure value and has now been changed to square footage. Duckworth reviewed the ordinance briefly. He stated nonconforming structures are viewed at temporary structures. Vogt said the public interest is not being effected by this request. Wernecke asked if this was a reason for granting a variance. He stated there was a large living room that could be expanded into for the bath and kitchen. Roloff said that hardship needed to be balanced with negative aspects to the public. This addition is not any closer to the lake or property on either side. Vogt said the idea of nonconforming structures in the ordinance is to eliminate it after a time and he speculated that expansion would extend the life of the structure. Roloff stated that the lot itself is a unique physical limitation. Sprecher asked if there was a lot of work needed outside to make it handicapped accessible.
Motion by Roloff, seconded by Vogt to grant a variance pursuant to s.8.06(2)
and 8.09(1)(i) to authorize the construction of an addition to an existing
residence within a shoreland setback. Roloff stated that the public interest
is protected, the addition is no closer to the lake or sideyards and while
the hardship of the applicant is nebulous it is significant and warrents
granting the variance. Roll call vote taken, Vogt - yes, Roloff - yes, Sprecher
- no, Wernecke - no, Duckworth - no.
Motion fails, 2-3.
B. Summer Oaks Condominium Association, (SP-17-07), a special exception permit to authorize the clear cutting and replanting of more than 25% of the shoreline of Lake Wisconsin. The property is located in the shoreland protection district and described as: Summer Oaks Condominiums part of the NW ¼, NW ¼, sec. 17, Town of Merrimac.
Mr. Lorenz gave a brief history and background information on the request along with conditions set by the Planning and Zoning Department if the request is approved.
Duckworth asked when was this project was done. Lorenz stated department was made aware of it in late winter of this year. Mostly invasive species were removed and they did not disturb the grade. Duckworth asked if there were any “before” pictures. The Board viewed the video.
Wernecke asked if there were any citations issued. Lorenz answered yes. Wernecke asked if there will be shielding from the water. Lorenz answered they left mature trees in place and with the planting plan that area should be shielded. Roloff asked if the seeding has been done, Lorenz responded that the project had been halted until after the Board decision.
Gerald Hoff, President of Summer Oaks Condo Association, appeared in favor. Duckworth asked if the plan was prepared before or after they started. Hoff responded after the project was started. The planting plan was reviewed. Hoff stated that all of the project was within 35 feet of the water. Seeding will be done by 1st of July. He stated the shrubs to be planted will supply some shielding. Vogt asked if there was any earth moving work to be done and Hoff responded, none.
Hoff reaffirmed that the stumps would be retreated and the area will be seeded. Shielding was discussed further. Hoff stated that the County staff had been very helpful.
Arlen Ostreng, Edge Consulting Engineers, appeared in favor. He was the engineer that designed the replanting plan. Shielding of structures was addressed. Area would be replanted with shrubs, grasses and wildflowers.
Roloff asked how grass seeds would be spread. Ostreng stated an erosion mat would be tacked in place. Wernecke asked if there were exact locations for the shrubs. “Appropriate” shrubs were discussed as well as shielding considerations.
Richard Cross registered in favor.
Seeing no one else wished to speak, Chair Duckworth closed the public portion of the hearing at 10:27 A.M. and the Board went into deliberation.
Vogt stated the trees would have to be considerably tall trees to shield
the structures. Motion by Vogt, seconded by Roloff to approve the special
exception permit to authorize tree cutting and shrubbery removal (as completed)
and replanting in excess of 25 percent of the shoreline within 35 feet of
Lake Wisconsin with conditions as recommended by Planning and Zoning.
Motion
carried, 5-0.
C. The Water’s Edge Group Inc., (SP-18-07), a special exception permit to authorize filling and grading to landscape the lots around a cul-de-sac. The property is described as; lots 2,4,5, and 8, Third Addendum to Water’s Edge Condo, part of the NW ¼, SW ¼, sec. 19, Town of Merrimac.
Dave Lorenz, Environmental and Zoning Specialist, gave the background and history of the request, along with conditions as specified by Planning and Zoning if this request is approved. Board viewed the video.
Duckworth asked if there were any wetlands in the area. Lorenz responded, no. Wernecke asked about storm water runoff on adjoining properties and if the lake could be considered adjoining property. Lorenz stated he didn’t believe the lake was considered property.
Tom Pinion, representing the Waters Edge Group, appeared in favor. He reviewed the project. There would be no additional storm water other than what had been planned on. Duckworth asked about location of retaining walls. Natural and boulder retaining walls would be constructed. Fill and grading for the homes was discussed.
Deane Brabender registered as interest may appear, but did not wish to speak.
Seeing no one else wished to speak, Chair Duckworth closed the public portion of the hearing at 10:50 A.M. and the Board went into deliberation.
Motion by Duckworth, seconded by Wernecke to approve a special exception
permit to authorize filling and grading of six lots on Sunrise Cove Court
with conditions as recommended by Planning and Zoning.
Motion carried,
5-0.
10:50 A.M. Richard Vogt recused himself from the hearing.
D. Richard & Joanne Vogt, (SP-19-07), a special exception permit to authorize the operation of a cottage industry (a bed and breakfast). The property is zoned Exclusive Agricultural and described as: S10284 Dead End Rd., lot 1 CSM 2403, part of the SW ¼, NW ¼, sec. 9, Town of Franklin.
Dave Lorenz, Environmental and Zoning Specialist, gave the history and background of the request along with conditions set by Planning and Zoning should the request be approved. The Board viewed the video.
Richard Vogt, owner, appeared in favor. He started this use in 1996. The Town Board was approached and they had no issues. The business is run on a reservation only basis and from the middle of June to the middle of October. He has state permits. The ordinance has been changed to allow this use in an exclusive agricultural district. Neighbors have no objections. The Town Planning Committee and Town Board have approved this use.
Seeing no one else wished to speak, Chair Duckworth closed the public portion of the hearing at 11:03 A.M. and the Board went into deliberation.
Motion by Roloff, seconded by Sprecher to approve a special exception permit
to authorize the location and operation of a cottage industry, with the
conditions as recommended by Planning and Zoning with the exception of c.
The length of this approval to be 10 years instead of 5.
Motion
carried, 4-0.
11:05 A.M. Vogt rejoined the committee.
E. Mark Lundell, (SP-20-07), a special exception permit to authorize the construction of a pond within 110 feet of a property line. The property is located in the RC-5 zoning district and described as; E7813 Skyline Dr., part of the SW ¼, NW ¼, section 32, Town of Excelsior.
Dave Lorenz, Environmental and Zoning Specialist stated that Mr. Lundell could not be here for the hearing but Mr. Richard Knight would speak on his behalf. Lorenz gave the background and history of the request along with conditions recommended by Planning and Zoning should the petition be approved.
Wernecke asked if a DNR permit was required. Lorenz answered he wasn’t sure but they may require a dam permit.
Richard Knight appeared in favor. He stated the pond and dam had been designed by Land Conservation. The pond would be fed by small springs and there was no stream channel. The owner owns approximately 100 acres in the area. This property is about 1/8 mile from the town road.
Ron Edwards appeared in favor. He stated he had no problem with pond almost being on the property line. His only concern was that pond may effect him building a home on his property at some future date. Lorenz stated that shouldn’t be a problem.
Ownership of adjoining parcels was discussed. The Town Board had approved the location.
Seeing no one else wished to speak, Chair Duckworth closed the public portion of the hearing at 11:27 A.M. and the Board went into deliberation.
Motion by Wernecke, seconded by Sprecher to approve the special exception
permit to authorize the location and construction of a pond within 110 feet
of a property line.
Motion carried, 5-0.
The Board adjourned at 11:30 A.M.
Respectfully submitted: Robert Roloff, Secretary