Board of Adjustment

DATE: June 26, 2008

PRESENT: Bruce Duckworth, Chair Richard Vogt, Vice Chair Halsey Sprecher David Wernecke, Alternate Ron Lestikow, Alternate

ABSENT: Linda White Robert Roloff

STAFF PRESENT: Dave Lorenz Mary White

OTHERS PRESENT: See individual appeal files for registration appearance ships.

Duckworth call 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 Wernecke, seconded by Vogt,
motion carried 4-0.

Motion by Wernecke, seconded by Sprecher to adopt the agenda for the June 26, 2008 session of the Board.
Motion carried, 4-0.

Motion by Vogt, seconded by Halsey to adopt the April 25, 2008 minutes.
Motion carried, 4-0

COMMUNICATIONS:

None to report.

Ron Lestikow joined the board at 9:05 A.M.

APPEALS:

A. A special exception permit pursuant to s. 7.06(2)(b) to authorize the location and operation of an automobile repair business. This property is zoned Rural Community, on real estate described as S8297A Denzer Road, part of the SE ¼, NW ¼, Section 10, T 10N, R5E, Town of Honey Creek, tax parcel 020-0616, owned by Randy Hager.

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.

Lorenz spoke of a letter from Brian Simmert stating that this use was compatible with the town's comprehensive plan. Duckworth questioned the letter stating it is assumed the use is compatible. Lorenz answered he didn't know.

Duckworth asked if the Board received anything back from the town. Lorenz stated that the town supported the change to the Rural Community district in February, but no new communication on this request.

Randy Hager, owner, appeared in favor. He stated that the town approved it. He stated that this was a part time business. Wernecke asked what is described by part time. Hours of operation are from 6:00 P.M. To 10:00 P.M. Monday, Wednesday and Thursday and 8:00 to 5:00 P.M on Saturday. Duckworth asked how waste materials were handled. Hagar stated a professional company comes and picks it up once a year. Duckworth asked if he works on air conditioning units, the owner stated no. Vogt asked if a permit was needed from the state for waste removal. Hagar stated, no. Duckworth asked if it would be a problem if the hours were restricted. He works on his own equipment 7 days a week. He also works for the co-op as a full time job. Sprecher asked if any of the neighbors had concerns. Hagar responded, not that he knew of and the neighbors knew what he was doing.

Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 9:20 A.M.

Discussion followed on hours. Wernecke stated that conditions needed to be set on hours. Duckworth stated town board could expand hours as appropriate.

Motion by Vogt, seconded by Sprecher to approve the permit as requested with conditions set forth by Planning and Zoning, and also any state permits necessary be acquired . It should be up to the town to increase hours as they deem necessary.
Motion carried, 5-0.

B: Union Pacific Railroad Co., (SP-06-08) a special exception permit to authorize the continued operation of a quarry. The property is described as part of the SE ¼, NW ¼, and the N ½, SW ¼, Section 28, T12N, R5E, Town of Excelsior.

Eric Hansen, Pinnacle Engineering, representing the applicant, appeared in favor. He is a consultant for Union Pacific.. High points of request were reviewed. There would be on infrastructure changes made. Operation will continue to run as is. Hours of operation are 6-8:00 P.M. Monday through Friday and 6-2 :00 P.M.on Saturdays. The reclamation plan was reviewed

Duckworth asked if an operator has been selected. Hansen responded, no. It will be based on an interview process of a contract company.

Virgil Kasper representing the Pink Lady Transit Commission, appeared in favor. He stated there were 14 people employed at the quarry and produces one of the best products in the nation. He supported reopening the quarry for economic reasons.

Don Licht, representing the Reedsburg Industrial Commission, appeared in favor. He stated that the quarry is a benefit to Sauk County and the whole rail system.

Richard Goddard appeared in favor. He gave a brief history of the quarry and rail line.

Joe Michels appeared in favor. He is the former manager of the quarry. He stated that the quarry was trying to run as a good neighbor. Duckworth stated he was pleased with the working relationship between the community and quarry.

Harlan Behnke, President of the Village of Rock Springs, appeared in opposition. He stated that Martin Marietta had been a good operator. He felt Union Pacific should be required to name an operator before the permit is given. He was also opposed to deepening the quarry due to impacts on well water levels. He stated the problems weren't caused by the quarry or the railroad, but the trucks, taking material out, that caused a problem. He also stated that a blast at noon on Thursdays rocks the area. He questioned how much reclamation could be done with one million dollars. He said that truthfully the majority of people in the village were against the quarry.

Laurie Hasenbalg appeared in opposition. She lived next to the quarry. If Martin Marietta intended to continue operation why did they let the permit expire. She was concerned because no operator was named. Union Pacific could bring in who ever they desire. Martin Marietta was a good manager. She would like to see the hours should be shortened. She was concerned about possible expansion. She would like to see shorten hours, an operator designated, a blaster named and a local contact person named. She distributed a petition from local residents requesting careful consideration by the Board in granting this permit, see exhibit X-1. She requested that the permit be denied or tabled at this time. Duckworth asked what hours she had in mind. She stated 8-5 during the week with no weekend hours at all.

Vogt asked that the ground water issue be addressed..

Karl Zenk, Geologist, representing union Pacific appeared. He conducted hydrogeologic tests on the site. He reviewed the type of stone and rock in the quarry and how it relates to ground water. Water in the quarry comes from surface run off or seeps from the walls. He stated there was no hydrogeologic connection between the quarry and the river. Vogt asked if Zenk had ever talked to the village about their well concerns. He responded, not specifically. He said 30 wells were checked and found to obtain water from other sources. Duckworth asked Zenk, in his professional opinion, will deepening the quarry affect the municipal well. Zenk answered, no.

The hydrology of the area was discussed further. Sprecher was concerned about effects on water quality and the discharge of unfiltered or run off water into the Baraboo River.

Wernecke asked about settling ponds. Zenk stated they received no notices of violations and are required to report regularly. Wernecke asked if he was aware of any adjacent well problems or ground water issues. Zenk replied, no. The only one he was aware of was a well owned by Leroy Peterson that gets water from Baraboo quartzite. He actually gets the water before it gets to the quarry.

Vogt stated that back in February there was an issue about blocking the highway in excess of 10 minutes. Wernecke asked if the reclamation plan meets with state standards Duckworth stated that the reclamation plan wasn't under BOA jurisdiction, but the Planning and Zoning Department.

Vogt asked about blasting issues and hours of operation. Eric Hansen, Pinnacle Engineering and representing the Union Pacific, appeared. Operation hours were discussed. Vogt asked about a problem with blasts at noon. Wernecke asked who the operator was and Hansen replied there wasn't one at this time. Wernecke asked about a local contact person. Hansen responded that had been Joe Michels.

Lestikow stated that they should have an operator lined up and asked why not. Hansen stated they wanted to get the permit first. Lestikow stated that would have helped eliminate some of the people's concerns. Wernecke asked if interfacing with the community would be considered in the bid selection. Hansen stated that would be a factor.

Vogt asked if Martin Marietta had to submit a bid every five years, Hansen responded, yes. Duckworth asked if there was someone to talk about blasting. Don Munzel appeared.

Vogt asked about the noon blast that had been mentioned earlier. Munzel stated that they didn't do any blasting between noon and 4:00. They blasted about every week and a half.

Vogt asked if they alert the community. Munzel stated not the community but do contact the county and one person from Planning and Zoning goes out to check the blast. Duckworth asked when they blasted within the last year. Munzel gave the date and times of blasts. He also displayed a graph that should blasts were within specified state limitations.

Duckworth wanted to discuss the hours of operation. David Griffin, General Director of Maintenance Away for Union Pacific, appeared. He stated that they needed to do emergency maintenance at some odd hours and wanted the quarry hours to stay the same.

Sprecher asked if there were less hours would they lay off people. Griffin responded that he was not qualified to answer. Sprecher stated that they had a good relationship with Martin Marietta. Wernecke asked why they allowed the permit to lapse. Griffin stated Union Pacific was going through an evaluation process. This quarry was one of the things for review and they just didn't get everything done.

Lestikow asked about certain months for full operation. Griffin said generally March through October. Vogt asked who owns the rock. Griffin responded that it belonged to Union Pacific.

Wernecke asked if a representative from the Town of Excelsior was here. Bob Cassity, Town of Excelsior chair was there representing the town. He preferred shortening the hours so people could enjoy the country. He stated the town was not unhappy with the quarry at this point, but he didn't want that situation to change. The Town did not want to lose the jobs. He suggested 6-8:00 P.M. for operational hours. Maintenance could be done on Saturday if necessary. At some point in time the town would like to see the quarry close.

Vogt asked about truck traffic. Trucks haul out the by products and go through Rock Springs. Traffic is intense. There is a road out the back way that has been shut down. Maybe it could be reopened. Harlan Behnke reappeared. He stated that trucking is not part of the quarry operation.

Wernecke requested someone respond to limiting hours on operation. Joe Michels appeared. He stated they did not run all the hours of the permit. Vogt asked if it would be an inconvenience to load the railroad and then off load to a truck. Michels said finding a distribution point would only cause more problems. He said they used to use the back road for trucking, but the Village restricted this. Duckworth asked what problem would it be to operate until 5 instead of 8:00P.M. Emergency operation hours could be added by Planning and Zoning.

Michels stated they could live with shortened hours. Wernecke asked if running on Saturday meant actual operations or maintenance. Michels stated they didn't work many Saturdays, but it was there if they needed it. The trucking is stopped by 4:00. He noted that back up alarms are loud, but they regularly check mufflers and noise controls.

Laurie Hasenbalg appeared again. Noise was discussed. She stated that Martin Marietta would have the contract if the railroad wanted them. There is no guarantee who would be selected.. Martin Marietta were professionals. She again requested the petition be tabled.

Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 11:05 A.M.

Duckworth stated that the Board didn't know who the operators would be and there had been unfortunate operators in the past. The new operator may bring their own crew with them.

Vogt stated it could be tabled but that puts Union Pacific in a difficult position to secure a bid. To permit it with conditions is the best we have to work on. Duckworth stated they couldn't withhold a decision because of a lack of an operator. Halsey stated that Planning and Zoning could be sure that the operator was legitimate. Vogt said that the quarry was there before some of the adjoining property owners. Sprecher stated that some of the problems were just part of the business.

Duckworth made a motion, seconded by Vogt to grant a special exception permit with the same conditions as stated in SP-02-98 and that the permit be granted to Union Pacific which is nontransferable.
Motion carried, 5-0..

C. Sauk County, (SP07-08), a special exception permit to authorize a governmental use, a firearm practice range for the Sauk County Sheriff's Department. The property is described as E8975 B Evergreen Lane, part of the NE ¼, SE ¼, Section 15, T12N, R5E, Town of Excelsior.

Duckworth asked who is applying for this permit. Lorenz stated it wasn't clear. Wernecke asked if the range will only be used by the Sheriff's Department. Lorenz stated this also wasn't clear..

Chip Meister, Chief Deputy with the Sauk County Sheriff's Department, appeared in favor. He stated that it was the Sauk County Range Association, which is made up of several municipalities, was the petitioner. He gave a background of the association. Their site is presently located at the landfill. Vogt stated that the BOA had previously approved a site for the Sauk Prairie area. Wernecke asked you will have access to the range and who determines who can use it. Meister stated that there was a range master in charge. Municipalities are charged per officer. Swat teams as well as DNR use it also. Lestikow questioned the hours. Meister stated it is the Tuesday and Wednesday of the second week of the month..

Duckworth asked what problems this could cause for neighbors. Meister responded it is getting closer to residences and they aren't sure how noise travels. Duckworth asked if it would be open to the public. Meister said it could be open to deer hunters but there were no plans at this time. Duckworth asked if this was the same as they are doing now, just a different site. Meister responded that it was. Wernecke asked if there was always some in charge, Meister answered yes.

Donald C. Pagel appeared in opposition. He stated that this site was closer to his residence and they could hear the shooting now. He was concerned about cattle going through fences.

Nathan Miller appeared in opposition. He was also concerned about the noise. Traffic would be worse. Officers didn't always act in a professional way. They also put targets in the woods.

Lestikow asked how there were disrespectful. Miller responded by the way they drive.

Junior Rose appeared in opposition. He stated they shoot from 10:00 to midnight. There would be more noise and this wasn't something the taxpayers needed to pay for.

Nathan Miller appeared again. He was also concerned about raising taxes. Wernecke asked how many families live on Evergreen Road. Miller said, 9.

Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 11:45 A.M.

Sprecher stated this was a facility that needed to be provided.

Wernecke stated there should be some time limitations. Sprecher said that the way they were doing it now seemed fine. Vogt stated that time limits and possible misconduct would be the associations responsibility to operate facility in a professional manner.

Motion by Sprecher, seconded by Vogt to approve the special exception permit with conditions as set by Planning and Zoning with the deletion of condition C.
Motion carried, 4-1, with Wernecke in opposition.

D. Thomas Meister, (SP-08-08), a variance to authorize the proposed construction of a new cattle shed to replace an existing barn within the minimum required road setback, the property is described as: S 1539 Town Hall Road, part of the NE ¼, SE ¼, Section 20, T13N, R5E, Town of Dellona.

Chairman Duckworth explained that this was for an area variance and explained the qualifications in order to approve a variance.

Thomas Meister, owner, appeared in favor and briefly explained his request. He stated that he would like to replace the structure in the same footprint. He didn't feel there was another good place for it. He said that the Town of Dellona had approved it. It would interfere with work land if it were placed somewhere else. He would need to pour concrete at another place which would be more expensive. Duckworth asked if the shed were moved into another position could he still feed from the bunker. Meister stated he could. This structure was for shelter only. Feeder operations were discussed. Vogt asked if it needed to be placed near the silo. Meister stated no it didn't. Other positions were reviewed.

Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 12:10 P.M.

Duckworth reviewed the three parts to a variance approval; physical limitations, public safety and property owner hardship.

Vogt stated that Town Hall Road is a primary road with possibly more traffic. Public interest could be impacted. The Board was not sure this was a hardship. Duckworth stated that this was one of the applications that they would like to approve. Unfortunately, the county has indicated you can not build within setbacks. There did not seem to be any physical limitations. If the Board did not approval the variance the property can still be used. Wernecke stated that the setbacks are clear and this request doesn't meet the ordinances.

Motion by Duckworth, seconded by Wernecke to deny the variance request because it does not meet any of the three requirements of a variance. Vogt stated it may be different if a function of the barn was related to feeding operations. It was essentially a shelter with a little storage.
Motion carried, 5-0.

The Board took a break from 12:10 to 1:00 P.M.

E. Terrace Custom Builders, (SP-09-08), a special exception permit to authorize filling and grading in the shoreland district to complete the landscaping at a new residence. The property is described as: S1030 W. Redstone Drive., lot 20 Chickadee Addition to Lake Redstone, part of the SW ¼, NE ¼, Section 14, T13N, R3E, Town of LaValle.

Runoff was discussed. Duckworth asked why a special exception wasn't requested when permits were issued. Lorenz stated that the property owners were advised of this requirement at that time. Duckworth asked is the walkway would cause a problem. Lorenz stated it was heavily grassed.

Ron Williams, Terrace Homes agent, gave a history of the lot. Landscaping was stopped during winter and there was damage to the lot because of the weather.

Duckworth asked why they didn't come to the board last year for this permit. Williams stated that the plans were not complete.

Jason Sammons, appeared in favor. He gave the landscaping details.

Vogt asked if it was a natural swale on the west side of the house or are you rerouting runoff.. Williams stated the contractors were not aware of all regulations, but have done everything to comply at this time. Duckworth asked how close to the lake would you be grading and how much will be disturbed. Williams stated they would only be working on what was already disturbed. None of the adjoining properties would be disturbed. Vogt stated that there wasn't a lot of room on the lot.

Seeing no one else wished to speak, Chairman Duckworth closed the public portion of the hearing at 1:30 P.M.

Duckworth stated the county building permit procedures needs to be changed so the property owners know what extra permits are required.

Vogt stated that final grading needs to come to the board and should be part of the application for the house itself.

Motion by Wernecke, seconded by Sprecher to approve the permit to approve the request with conditions as specified by Planning and Zoning, 5-0.

F. Baraboo Concrete Co., Inc. (SP-18-08), a special exception permit to authorize the location and operation of two quarries. The property is described as: S3902 Fox Hill Road, part of the NE ¼, SE ¼, Section 22, T ½, NW ¼, NW ¼, Section 23, T12N, R6E, Town of Baraboo.

Robert Brown, applicant, appeared in favor. He stated this had been a mining operation since 1948. This request was to bring everything into compliance. Duckworth asked if he had problems with any of the conditions. Brown stated no.

The reclamation plan has been in place since 2003.

Wernecke asked about the hours of operation. Brown had no problems with them.

Seeing no one else wished to speak Chairman Duckworth closed the public portion of the hearing at 1:52 P.M.

Duckworth stated that this use had been grandfathered and now needed a permit.

Motion by Sprecher, seconded by Wernecke to approve the request with conditions as specified by Planning and Zoning.
Motion carried, 5-0.

G. Dave Leatherberry, (SP-02-08), a special exception permit to authorize the location and operation of a quarry. The property is zoned Agricultural and described as: part of the E ½. NW ¼, Section 26, Town of Baraboo. This was tabled at the March 27, 2008 public hearing.

Motion by Sprecher, seconded by Vogt to take this item off the table.
Motion carried, 4-1, with Wernecke abstaining.

Wernecke left the committee at this time due to the fact that he was not in attendance at the Leatherberry public hearing on March 27, 2008.

Lorenz stated exhibit X-2, a response from the town, and X-3, an operation and reclamation plan for the Leatherberry pit, were brought in by applicant.

Duckworth read the Baraboo Plan Commission conditions.

Randy Puttkamer, appeared representing the Town Board and also the Plan Commission.

He stated the town has nothing against pit. The nine stipulations were part of the zoning ordinance. The Town Board has not seen what Leatherberry submitted.

On June 9, 2008 the Town Board said it was ok but with those stipulations. If those things are addressed the Town has no other problems.

Dave Leatherberry, owner, appeared in favor. He received closest neighbors' approval and Steve Sorenson reviewed the packet and said everything looked in compliance. The bonds are in place, mortgages in, maps with roads, berms and power boxes are shown. The Board reviewed the maps.

Duckworth asked if Leatherberry could operate under the same conditions as given for the Brown quarries. Leatherberry responded, yes.

Seeing no one else wish to speak , Chairman Duckworth closed the public portion of the hearing at 2:15 P.M.

Motion by Sprecher, seconded by Lestikow to approve with the Leatherberry Pit with the same conditions given to the Brown quarries.
Motion carried, 4-0, with Wernecke abstaining.

The Board adjourned at 2:30 P.M.

Respectfully submitted: Richard Vogt, Vice Chair