Board of Adjustment

DATE: October 25, 2007 Session of the Board

PRESENT: Richard Vogt, Vice Chair - Acting Chair

Robert Roloff

Halsey Sprecher

Ron Lestikow

Linda White

ABSENT: Bruce Duckworth

STAFF PRESENT: Dave Lorenz

Gina Templin

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 9:02 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 Sprecher. Motion carried 4-0.

The Board adopted the agenda for the October 25, 2007 session of the Board on a Motion by Sprecher, seconded by Roloff. Motion carried 4-0.

Motion by Roloff, seconded by Sprecher to adopt the September, 2007 minutes. Motion carried 3-0 with Vogt abstaining.

COMMUNICATIONS:

None to report.

APPEALS:

A. D. L. Gasser Construction (SP-33-07). Appeal withdrawn by the applicant prior to the hearing today.

B. Darren Bochler, US Cellular (SP-34-07), a special exception permit to authorize the location of a new 250 foot telecommunication tower, located in a Resource Conservancy 35 district, Town of Freedom .

Dave Lorenz appeared and presented the history and background of the request and reviewed the photos and video of the site then concluded with the staff recommendation of conditions to be placed on the request if approved by the Board.

Linda White joined the Board at this time.

Tom Bethea, Agent for US Cellular, representing the land owner, appeared in favor of the request, spoke of existing antennas, the operation of cellular towers and the inability to collocate additional antennas on towers within the county for the service to be supplied by this requested tower. He also presented Exhibit VIII 1-3, maps showing coverage in the area of the proposed tower, used to analyze the site.

Vogt asked if they are expecting other companies to carry antennas for other companies. Bethea stated they would expect other companies to site antennas on this tower.

Vogt asked if they have talked to Sauk County Emergency Government about collocation and such. Bethea stated he has not, but stated there is no other existing facility to put their gear on, and Emergency Management could benefit from having a tower located on this property for their own use.

Roloff asked how close the nearest residence is other than the Bochler's. Bethea stated there are houses north and south of the nearest road, but they are quite a distance away and will even be very difficult to see this tower from those residences.

White asked if he appeared at the town board meeting and if there were any other residents there discussing it. Bethea stated he was at the meeting, but it was very slimly attended and does not recall any opposition at all.

Sprecher asked if any other site was researched. Bethea stated that they did look at nearly a half a dozen property owners about leasing a site and out of those 3 different footprints were submitted to the radio engineers and after their study, this was the site that was the most suitable. He also said their lease hold is about 100 feet square and they will be taking very little land out of ongoing agricultural use.

Sprecher asked about the driveway going to the tower. Bethea stated that it is an existing farm field driveway that they themselves will improve for use.

David Baumgarten, Town of Freedom Supervisor , appearing in favor of the request, stated that they are not opposed to the request and spoke about the property, the town's comprehensive plan and the request by land owners located in the Town to have more adequate cellular coverage.

White asked if the Town has heard any negative comments. Baumgarten stated he has not.

Seeing as no one else wished to appear, Acting Chair Vogt closed the public portion of the hearing at 9:30 a.m. and the Board went into deliberation.

Roloff stated that in terms of public safety it is important to have adequate coverage and the site has been investigated thoroughly.

Motion by Roloff, seconded by Sprecher, to grant the special exception permit to authorize the location of a 250 foot communication tower, with the conditions provided by Planning & Zoning. Motion carried 4-0, with White abstaining for not hearing the entire appeal testimony.

C. Vernon Hershberger, (SP-35-07), a special exception permit to authorize an agricultural related business, the sale of produce and agricultural related items to families with an annual membership. Property is located in the Exclusive Ag District.

Roloff asked for clarification on the building to be used as the store. Lorenz confirmed.

Lestikow asked about any sign issues. Lorenz stated there are no signs on the site yet, but they will have to follow setbacks, location requirements and size issues, but that could be taken care of in house with a permit.

Mr. Vernon Hershberger, applicant, appearing in favor of the request, stated that they are having a large demand from families with concern about where their food comes from. He also spoke of the ability to create jobs for family within the store.

Vogt asked what will be sold. Hershberger stated that it would be food products, produce, meat, cheese and honey, as well as poultry products.

Vogt asked if this will be a coop and asked for clarification on the annual membership type business. Hershberger stated it would not be a CSA, but people buy a membership, sign a waiver for liability reasons and then come to the farm and get products from the farm.

Vogt confirmed the fee is not set up like a coop. Hershberger stated it is not similar to a coop, but a fee to be able to purchase products from the store.

Vogt asked about other products such as crafts items, but mainly just food. Hershberger stated they will be doing wall hangings that will go towards funding their own school.

Vogt asked how many members they anticipate for the store. Hershberger stated they have a list of interested people, and feel they will have roughly 75 - 100 families, but they will also do shipping of produce.

Vogt confirmed that they are not just looking at local, but all over. Hershberger stated that was correct.

Vogt asked about the membership growing and be too large to handle on the farm and what future plans would be. Hershberger stated he plan on having it be a family business and it will stay on the farm for the family employment.

White asked about electric refrigeration for the meat products and a telephone for emergency services. Hershberger stated they do have both of those.

Roloff asked about how someone gets information if they are interested in being members. Hershberger spoke of the paperwork they would require from those interested.

Vogt asked about the township and if the County Highway Department has any concerns about access and increased traffic on State Highway 23. Hershberger stated in his letter of explanation they have a large driveway that could handle up to 10 cars at once, but do not anticipate more traffic than that at once. Vogt mentioned concerns of parking on a state highway.

White asked if people that come will assist in growing the food or just pick up what is in the shop at that time. Hershberger stated they will mostly just pick up food, but they will have days where people can take part in activities.

Sprecher asked if this will be required to meet state standards and inspections. Hershberger stated because they are not open the public and members only, they do not have to meet state requirements or subject to state inspections.

Daniel Hershberger, appearing in favor of the request, stated that he is the applicants father and feels he is the visionary behind the request and feels that he is improving the area with this type of request and feels families need individual choices for fresh food, organic produce and the opportunity they can provide.

Vogt asked if they anticipate that members will bring an increased traffic on the state highway to get to this location. Hershberger stated that he feels there will be very little increased traffic.

White asked about family that will be working here, how extended is that. Hershberger stated that there are immediate brothers and sisters, as well as their children, but in the future, there may be times when there is help needed, that someone from their community will help out. It will stay a family type business and if the need for them to grow comes out of this, they would search out an alternate location.

Vogt stated his concern about the safety of people coming to the farm, the truck traffic, and the point where they would have to move the operation to a different, more suitable location where the traffic safety would not be an issue. Hershberger stated that the size that they anticipate, there is good view to exit the driveway and feels it is a suitable place for the traffic.

Roloff spoke of the common agricultural practices that use the road ways. He also spoke of more opportunities for this type of production and operation and asked if there is an association of others that provide the same opportunities elsewhere. Hershberger stated they do not have an organized association, but many communicate about it.

White asked about advertising. Hershberger stated that it will be word of mouth, however they are listed on a nutritional website.

White asked about dairy products to be sold. Hershberger stated they would be selling their own dairy products, which started the idea, and feel its nice that they can pick up other types of foods when they do pick up their dairy products.

White asked if they are selling unpasturized milk. Hershberger stated that was correct.

White asked if all the produce will be located around the building. Hershberger stated they will haul the produce to this site. White asked if people will come to his farm to help harvest the produce. Hershberger stated they would invite people to help plant and harvest, but no sales would be done off of his own property, that it would all be taken to the store property.

Tom Broughton, Chair Town of Westfield, appearing in favor of the request, stated that he feels it is in compliance with their smart growth plan and they classify it as a cottage industry and feel it provides educational opportunities to the public. He also spoke of the visibility each way from the existing driveway and the town has no concern about that.

Vogt asked if the Town had a public hearing. Broughton stated they did and they suggested that the applicant come to the county for a permit. He also stated that no one to his knowledge is in opposition to this request.

White asked Mr. Lorenz if the taking people to another farm for the harvesting of crops, would that be an issue. Lorenz stated that the board is discussing the sales of produce not produced on this property as an ag related business, not necessarily them taking people to another farm to show them how to plant and harvest products, as that is an agricultural use.

Seeing as no one else wished to appear, Acting Chair Vogt closed the public portion of the hearing at 10:05 a.m. and the Board went into deliberation.

Motion by White, seconded by Sprecher, to grant the special exception permit to authorize the location of an agricultural related business for the sale of produce and agricultural related items to families with a members, with the conditions provided by Planning & Zoning and the added condition that no parking by anyone is to take place on State Highway 23 at any time. Motion carried 5-0.

D. Robert Leonard, (SP-36-07), a special exception permit to authorize filling and grading on slopes of more than 20% during the removal of a root cellar and the construction of a garage. This property is located in the Shoreland District.

Sprecher asked about the requirement on the exposed portion of the retaining wall. Lorenz stated that it is located far enough away from the water, so they can use whatever materials will work best in that location.

Vogt spoke of the slope from the easement road to the lake. Lorenz stated that it is quite level from the house to the lake and the root cellar is located in very steep slopes. Vogt stated basically they will be removing the root cellar and building a garage. Lorenz stated that was correct.

White asked if they weren't building a garage would they still need a permit and need to come before the board. Lorenz stated that they would because of the amount of ground they are disturbing and the slope of the land.

Roloff spoke of his own familiarity of the home site and what has been done on the property.

Mr. Robert Leonard, applicant, appearing in favor of the request, stated that there was a farm house a long time ago that was located near that root cellar and the kids all have played in there, but it is getting to be unsafe. They also have to park on the neighbor's property because they don't have room to park their own cars. He also spoke of taking the wall and pushing it back about 20 feet, put drain tile in to handle water drainage.

Vogt asked about a private access road, referring to Exhibit VI,2. Leonard stated it is a private road and there are 6 or 7 other garage located on the hillside along that private drive. He also spoke of the construction plans of removing the existing structures.

Vogt asked about the construction and if dirt will be up against the back wall of the garage or if they will be able to maneuver around the entire garage. Leonard stated his understanding is that the retaining wall will be the back wall of the garage.

Seeing as no one else wished to appear, Acting Chair Vogt closed the public portion of the hearing at 10:23 a.m. and the Board went into deliberation.

Roloff stated that he is familiar with the property but feels it may be an accident waiting to happen and the proposal in front of them fits all the requirements of the shoreland protection ordinance, supports it.

Motion by Roloff, seconded by White, to grant the special exception permit to authorize filling and grading on slopes of more than 20% during the removal of the root cellar and the construction of a garage, with the conditions provided by Planning & Zoning. Motion carried 5-0.

The Board spoke of the November meeting being canceled.

The Board adjourned at 10:25.p.m.

Respectfully submitted,

Robert Roloff

Secretary