PRESENT: Bruce Duckworth, Chair Robert Roloff Halsey Sprecher Richard Vogt
ABSENT: Linda White
STAFF PRESENT: Gina Templin Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Chairman Duckworth called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:05 A.M.The Chair 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 byRoloff, seconded by Vogt.Motion carried 4-0.
The Board adopted the agenda for the July 24, 2008 session of the Board on a Motion by Sprecher, seconded by Vogt.Motion carried 4-0.
Motion by Vogt, seconded by Sprecher to adopt the June 26, 2008 minutes.Motion carried 3-0, with Roloff abstaining.
COMMUNICATIONS:
None to report.
APPEALS:
A. Jama and Thomas Graves, SP-11-08, requesting a variance to authorize the location of a residence built within the minimum road setback.
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.
Duckworth asked if the original permit was included in the staff report.Lorenz stated there is nothing in the packets, but it is in the file here if needed.
Sprecher asked if we have heard from the Town.Lorenz explained that the Town has reviewed the request, but gave no recommendation.
Roloff asked for clarification for the need for the variance.Lorenz explained.
Duckworth asked how close they are to the road.Lorenz stated that the garage is 19 feet too close to the road.The board reviewed Exhibit II,3.
Chair Duckworth ruled the variance to be an area variance and asked the applicant to talk about the 3 requirements for a variance.
Jama Graves, applicant, appearing in favor, addressed the public interest and feels that the granting of the variance would not be detrimental to the public interest, but would help the public interest and the slope issues that exist now for neighbors would actually be repairs.She stated that the unnecessary hardship in keeping this a residential use is the best use of the lot and to have to move the house to meet setbacks would create sloping and more water issues than what exist now. She also spoke of the physical limitations of the property in moving the entire house with the slope, water issues and placement of septic, etc.
Duckworth asked when the house was purchased.Graves stated they purchased the residence in the spring of 1999.
Roloff asked when they became aware of the setback issues.Graves stated they were made aware when a survey was completed in 2006.They survey was actually done when another house was built in the area and then when family decisions made them look into expanding the existing home.
Duckworth asked if she has spoken to the Town Board.Graves stated they do have their application in with them and an application for a variance with the Town.She did speak of talking to Tim McCumber about the request and has no indicated any issues himself, but he is simply helping them through the process.
Vogt asked about the plans for the addition and what will happen to the existing garage.Graves stated it would be converted into a bedroom and a garage will be rebuilt as part of the addition.
Vogt, referred to Exhibit II,10, and asked about the addition of the new garage and asked if it is all within the setback.Graves stated that is correct and all additional building will be within the required setbacks.
Vogt asked about the proposed addition being more than 50% of the value of the house, and if the setbacks were what they were, the addition would have been much less.Graves stated that is correct, because of the setbacks, they had to change their plans and the expansion and expenses are much greater having to work within the setbacks.
Seeing as no one else wishes to speak, Chair Duckworth closed the public portion of the meeting at 9:28 a.m.
Duckworth reviewed the request and the ordinance.
Roloff stated he doesn't feel this application for a variance is against the public interest, the street is not a through street, but ends in 2 cul de sac's, there are unique property features that were addressed in the applicant testimony relating to water and slope issues.The discovery of the non-conforming structure was done on their own and forthright, when they did not build the house.To modify or move the house would be an extremely unnecessary hardship to impose.
Duckworth stated he agrees with Roloff, in that the house was built by a prior party, with a permit, however the house placement was an accident in being too close to the road.He also feels it is an unnecessary hardship and unreasonable hardship for the Board to insist they move the house back 11 feet and the public interest would not be served by that requirement.He stated that the unique limitation would be in the way the home was built, and not by these applicants.
Vogt stated that the additional expenses and the 50% issue just to meet the setbacks.
Roloff stated that with or without the addition, they house would still need a variance and their addition is completely in all the required setbacks.
Sprecher spoke of the issue with the Town not having their meeting yet and making a decision.
The Board spoke of the letter of support and the Town providing written documentation and having it scheduled for a meeting in August.
Motion by Roloff, seconded by Vogt, to approve the request with the recommendations listed by Planning & Zoning, as the public interest has not been affected, if anything improved by dealing with slope and water issues, the street not being a through street, but ending in a cul de sac, unique property features include the slope and water issues, the house being pre-built by other owners in the wrong location and the hardship being unnecessary and unreasonable to require the applicants to move the home 11 feet just to build an addition that will meet all required setbacks.Motion carried 5-0.
B. Dan Mundth, SP-12-08, requesting a special exception permit to authorize construction of a pond within 110 feet of a property line.
Dave Lorenz, Environmental and Zoning Specialist, appeared and explained which area of the property that the board will be making a decision on.He then gave the history and background of the request and 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 asked if there was a stream located in the area.Lorenz stated there is a stream, but would not be considered navigable from a spring that will flow into the sedement pond.
Dan Mundth, applicant, appearing in favor of the request, stated that the pond is something he has thought about doing, and now that he has grandsons to use, with a natural spring flowing into the pond and natural wet areas where the pond would be, felt it was a good idea for use ofthe land.He also stated that the neighbor that is closest has been to the site when Planning & Zoning and DNR where at the site and has no problems with it.
Duckworth asked if it will back up on the neighboring property.Mundth stated it will not.
Duckworth asked what is downstream.Mundth stated his residence is downstream.He also stated that there is a creek that it will run to and the land that is there is in CRP.The neighbor also stated his wishes to put in a pond someday down the road.
Roloff asked about the sediment pond that exists and how it took the rain that has taken place in recent months.Mundth stated that it was not able to handle the large amound of rain, and the tube will need to be replaced, but seems to be holding up well.
Roloff also asked about the DNR talking about water temperatures.Mundth stated they have been in contact with the DNR and waiting for a response from them.He also spoke of the springs that are visible this year, but never any other year, as well as the creek.
Roloff asked about the spring.Mundth explained that the spring goes underground and then surfaces downstream further.
Roloff confirmed that the only issue is the property line setback.Mundth stated that is correct.
Duckworth asked if the neighbor provided a letter of support.Mundth stated he does not, but could get one.
The Board discussed the dam and issues that might affect that and determined they have no questions or issues relating to the dam.
Jamie Brandt, appearing in favor of the request, stated he drew up the plans for the pond and would answer any questions if they have any.He also stated they have sent in all paper permit for the proper permits from the DNR and after several calls, still have not heard back from them.He also spoke of the DNR site visit and any concerns they might have.
Vogt asked if they will need a dam approval.Brandt stated he is still waiting to hear back on that.
Roloff asked if the Board approves the special exception, the DNR could trump it?Vogt explained that they would say you can't build it, they may ask that it would be re-engineered.
Duckworth asked about the property to the north.Brandt stated that the property line is at least 15 feet higher with a 4 to 1 slope along the edge and doesn't feel that this water will never affect that property.
Seeing as no one wished to appear, Chair Duckworth closed the public portion of the hearing at 9:50 a.m.
Duckworth reviewed the request and the ordinance.
Vogt stated that Planning and Zoning has put in the conditions to get the proper permits from the DNR and such.
Motion by Vogt, seconded by Sprecher to grant the special exception permit with the conditions listed by Planning and Zoning.Motion carried 4-0.
The Board then discussed special exception permits for filling and grading in the Shoreland Zoning District and any options to modify so that Planning & Zoning could take care of the issues themselves or not issues any permits at all.
Sprecher spoke of communication to the Planning & Zoning Committee get some word from the Board that there is a concern about filling and grading properties that are left open subject to a special exception permit.
Vogt spoke of this being a landscaping/soil conservation/engineering problem and the Board as a body really don't have the expertise to make those judgements whether these designs will work or not and feels the review process should be within Planning & Zoning with the ability to lean on the Soil Conservation Engineer to address more detailed issues.
Duckworth stated he doesnt remember any requests that have been turned down.
Roloff stated that the ordinance requires them to hear filling and grading special exception permits and until the ordinance changes, they can't refuse to hear them.
Duckworth and Roloff agreed that the Board should may recommend that the County Board re-write the oridinance to give the approval of filling and grading issues that the Board would normally hear, be addressed soley by the Planning and Zoning Department.
Roloff suggested the Planning and Zoning Department draft an ordinance revision and bring it to the Board of Adjustment for approval and the request to be sent onto the Committee.
Lorenz spoke of an erosion control ordinance and what could be addressed in there.The Board discussed.
Vogt suggested the levels of review and approval such as a landscape architect versus just an engineer to provide plans to Planning & Zoning.He also asked about the need for a separate ordinance for that or the ability to put into the existing ordinance.He also spoke of information that could be included in the ordinance.
Roloff spoke of criteria that could be used in the existing ordinance as well as additional criteria.He also spoke of the ability to react to issue more quickly and efficently than waiting to come to the Board of Adjustment, as well as it being an engineering standard rather than pubic testimony.
Vogt spoke of the issues of erosion problems, no permits, and the need to have it addressed and fixed properly rather than waiting for the Board of Adjustment.
Roloff also spoke of the plans that have been brought to the Board that were very inadequate with the Board not understanding if that is acceptable or if something more engineered needs to be drawn up.
Motion by Roloff, seconded by Vogt, to request to the Planning and Zoning Department, as well as the Planning, Zoning and Land Records Committee modify the shoreland zoning ordinance to remove the filling and grading special exception permits from the Board of Adjustment review, but to provide erosion control measures and professional review standards in land use pemits to allow Planning & Zoning to issue filling and grading permits upon the completed professional plans submitted by the applicants with such permit to be included within current zoning ordinances.
The Board adjourned at 11:03 a.m.
Respectfully submitted: Halsey Sprecher, Secretary