Board of Adjustment

DATE: August 28, 2008

PRESENT: Richard Vogt, Vice Chair, Acting Chair

Robert Roloff, Halsey Sprecher, Linda White, David Wernecke, Alternate

ABSENT: Bruce Duckworth, Chair

STAFF PRESENT: Gina TemplinDave Lorenz

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

Acting Chairman Vogt 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 by Wernecke, seconded by White. Motion carried 5-0.

The Board adopted the agenda for the August 28, 2008 session of the Board on a Motion by Roloff, seconded by Wernecke. Motion carried 5-0.

Motion by Roloff, seconded by Sprecher to adopt the July 24, 2008 minutes. Motion carried 4-0, with White abstaining.

COMMUNICATIONS:

Roloff spoke of 3 letters regarding SP-15-08, special exception permit to allow the renewal of 2 lodging houses on Lake Redstone. The letters were all in opposition of the granting of the special exception permit.

Wernecke spoke of the letter from Maureen Harrell and also spoke of the Greenfield Planning Commission reviewing the first appeal.

White also spoke of a letter from Maureen Harrell.

APPEALS:

A. US Fish and Wildlife Service (SP-13-08) requesting a special exception permit to authorize the location of ponds within 110 feet of a property line and filling and grading in the shoreland district as part of a wetland restoration project.

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.

White asked if any information was received by the Township or the Planning Commission on the request. Lorenz stated all materials received were included in the packet.

Vogt spoke of Exhibit IV, 1 a letter from John Vosberg, Engineer for Sauk County Land Conservation Department. Art Kitchen, US Fish & Wildlife Service, applicant, appearing in favor of the request, stated that the summary of the project was adequate and provided more background information, and mentioned that wildlife recreation will be open to the public and the organization is in the process of developing the plans to restore the property as much as possible to its pre-settlement landscape. He also spoke of flooding issues and plans to address such issues. He then spoke of the Town Plan Commission meeting that was attended and was approved, as well as by the Town Board.

Vogt asked about the neighboring properties. Kitchen stated that Bob and Wendy Jobe own property along the west boundary and stated that the restoration project will impact their land. He also noted that they have signed the documentation and are partners in the project, and support it. He stated that along the northeast boundary there is a drainage ditch that separates properties to the north and east of this parcel, but no work will be done in that area that will impact any property owners there. He also spoke of a gas pipeline in the location, but have been working with the company.

Wernecke asked if he has a copy of the plan that the Jobe’s signed off on. Kitchen stated he has a copy of the plan that they signed, however if the Board needed something more formal, they could get that. He then provided Exhibit VIII,1 a copy of the plan signed off by Wendy Jobe.

Serge Koenig, Sauk County Land Conservation Dept, appearing in favor of the request, stated that the project is similar to those brought to the Board in the past and has been assisting the applicant with the logistics and such and feels that the project will benefit Sauk County.

Wernecke asked what kind of impact the project will have on flooding issues. Koenig stated it would be difficult to describe it without running some model. He did state that when wetlands are restored, they typically act like a sponge and assist water in getting to the river. However, it’s hard to tell how much.

Ms. Joan Litscher, appearing in opposition, owns a neighboring farm and feels it is beautiful land if they can keep the Baraboo River out of it. She feels they don’t need another lake/pond and they are putting farmers out of business along the Baraboo River and will make it more difficult for the ones that would like to stay in agriculture production.

Vogt asked where the property is in relation to the project. Litscher stated that she is downstream from the project.

Roloff asked if she feels this would add to the amount of water in another event similar to that event in June. Litscher stated that property would be a big sponge, but if there is already water there, then where will that other water go?

Vogt, referring to Exhibit VI,1, showing where the Litscher property is.

White asked if she has seen any plans of the project. Litscher stated she has not seen anything and isn’t sure what else you could visualize other than more water.

White spoke of the projects of this type and how they may slow down the water getting into the river.

Herb Messer, appearing in opposition, stated that he lives on a hill overlooking the valley and has seen the flooding happen a number of times, the drainage ditches have been blocked off, the drainage takes longer and spoke of current flowing of the river into the land from flooding and feels by putting this into a wetland, its not going to take water as well as if it is cropland.

Art Kitchen, reappearing in favor. Roloff is asking about the concerns of Mr. Messer and Mrs. Litscher and asked him to respond. Kitchen stated that it is generally recognized that wetlands typically slow water and allow for a natural process of drainage versus drainage ditches and tiling which does not have the ability to store water. He continued to explain how wetlands could help in flooding issues.

Wernecke asked about the land at one point being a wetland. Kitchen stated in the original land survey records, much of that land was wetlands.

White asked what the date is on those records. Kitchen stated that is was prior to 1900 and presented Exhibit VIII,2, the public land survey document showing original field notes and plat map.

Roloff asked Wernecke about the Greenfield Plan Commission review. Wernecke stated that he is the Chair of the Plan Commission and spoke of that meeting, as well as the use fitting with the Comprehensive Plan.

Vogt asked about any opposition at the Town meeting. Wernecke stated there was none.

Joan Litscher, reappearing in opposition, spoke more about the flood in June and the land holding more water.

Sprecher asked if someone could explain the difference between surface water and ground water.

Art Kitchen, reappearing in favor, stated that the water table can vary seasonally depending on the river levels and stated that their are devices on the property for groundwater monitoring, but does not have results of that, but do not believe the groundwater will rise due to the restoration.

Roloff asked about any experience with similar affects on groundwater, before and after. Kitchen stated that the water table is dictated by the River, and don’t anticipate an increase in the water table in that area due to the restoration. He stated the low areas will have a projected 2 feet of water in them.

Vogt asked how often the previous owner actually got crops off of this property. Kitchen spoke of drainage tile installed years ago, and tried to improve drainage with additional tiles, but in recent years was having a tough time making a profit on that crop land.

Herb Messer, reappearing in opposition, stated that previous owners know it floods, but when they do get a crop, they have excellent crops.

Seeing as no one wished to appear, Acting Chairman Vogt closed the public portion of the hearing at 9:45 a.m.

Vogt reviewed the request and the ordinance. He also stated that he has worked with projects like this over an extended period of time and knows the Baraboo River well. He spoke of the size of the drainage area, the flooding, the potential flooding damage, the slope of the river from Portage to Baraboo and on up. He spoke of the flood issues that would be addressed, flood storage, groundwater and such. He appreciates the concerns about it.

White stated as a farmer she is very sensitive that taking crop land out of production, but feels there is a time when taking crop land out of production would be an advantage and can serve the public better by not being cropped.

Wernecke stated that the application is for the construction of a pond within 110 feet of a property line, not whether the entire project is a good project.

Motion by Vogt, seconded by Roloff, to grant the special exception permit for a pond within 110 feet of a property line, as well as the filling and grading within excess of 4,000 sq. Ft., with the conditions recommended by Planning and Zoning. Motion carried 5-0.

B. Ardell & Julie Schmidt (SP-14-08) requesting a special exception permit to authorize the renewal of a permit to operate a lodging house.

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 spoke of Exhibit IV,2 which list the conditions that the Planning & Zoning Dept are recommending. Lorenz read into the record.

White asked to add the words, the applicant or “agent” of the applicant added to letter “e”.

Vogt asked if there are any complaints registered with the office on this property. Wernecke asked what it takes for a complaint to get to the Planning & Zoning office. Lorenz stated the Sheriff’s Dept does not report to the Planning & Zoning Office. Wernecke stated that if someone registers a complaint with the Sheriff’s Dept the office of Planning & Zoning won’t know about it.

Vogt spoke of the use for lodging rentals and what the nature of the neighborhood is. Lorenz stated that the subdivision is mostly all single family, however Christmas Mountain has a large area of uses.

White asked if there are other lodging houses in this area. Lorenz stated not that he is aware of.

Wernecke asked if the Planning and Zoning Department received a notice or mailing list, as required in the conditions. Lorenz stated he does not know, but is assuming they received it.

Ardell Schmidt, applicant, appearing in favor of the request, stated that he has been doing the short term rental and have hired Sand County to handle the management. He did state that Sand County is called versus the calling of him, as owner. He also spoke of other homes that used to do the lodging houses, but they are not allowed anymore, but this lodging house was grandfathered in by the Town. He did state that the Town was in approval of the request and that there have been no violations or problems that they know of.

Vogt asked how far he lives from this property. Schmidt stated that he lives 2 hours away. Wernecke asked how much time he spends there yearly. Schmidt stated about 3-4 weeks, weekends at a time.

Vogt stated his occupancy is more in the summer time. Schmidt stated mostly June, July and August and then some weekends in the fall and winter time. About 180 days a year.

Roloff confirmed that the grandfathering of the lodging house is by the association’s rule, not the County’s rule. Schmidt stated that is correct.

Sprecher asked how much communication is had with Sand County foundation. Schmidt stated they have a lot of communication so that they know when they can use it, they also make calls for maintenance on the home as well.

Sprecher asked if they have received any complaints from neighbors. Schmidt stated they have not received any that they know of.

Alan Lawrence, appearing in favor of the request, representing Sand County Foundation, referred to Exhibit II,10, which speaks of the issues that are addressed at the time guest register at Sand County and if these conditions are broke, they will be evicted without reimbursement. He spoke of an answering service and there is zero tolerance by Sand County.

White asked if they notify the owners when any complaints come in. Mr. Lawrence stated he does not know. Roloff asked if any complaints have been received on this property. Mr. Lawrence stated he is not aware of any.Vogt asked about Christmas Mountain security service. Mr. Lawrence stated he is not aware for sure. Mr. Schmidt, reappearing in favor, stated that Christmas Mountain does have their own security service, however renters know they are suppose to call Sand County.

Mr. David Rasmussen, appearing in opposition, stated that he moved to Christmas Mountain 12 years ago as a residential area and was not aware at the time that there were lodging houses in the area, and spoke of the people renting are the problems and can been seen in the Sheriff’s Reports. He also spoke of a “Roscoe” renting his home out.

Vogt asked about any specific violations of the special exception conditions. Rasmussen stated he has not seen any violations of that nature.

Julie Schmidt, appearing in favor, applicant, stated that a petition has been signed for approval. Renters do not get private pool fees and such and spoke of the convances with the association. She presented Exhibit VIII,3, a copy of a petition that was submitted back in 1998 with SP-14-98.

Seeing as no one wished to appear, Acting Chairman Vogt closed the public portion of the hearing at 10:25 a.m.

Roloff stated this is an allowed use by County ordinance and there have been no complaints.

Motion by Roloff, seconded by White, to grant the special exception permit for the renewal of a lodging house with the conditions recommended by Planning and Zoning, in addition to “e” insert “or agents for the applicants”, renewable after 5 years. Motion carried 5-0.

The Board recess for 5 minutes.

The Board reconvened.

C. Alan & Anne Lawrence (SP-15-08) requesting a special exception permit to authorize the renewal of a permit to operate a lodging house on Lot 1 & 2 Raven Addition to Lake Redstone.

Vogt asked about the conditions for this are the same conditions that were read into the record for SP-14-08.

Sprecher asked about any other lodging houses in the Lake Redstone area. Lorenz stated only an illegal one exists.

White asked if lodging houses in this area are allowed in the Comprehensive Plan. Lorenz stated he is unaware of the Comprehensive Plans.

White asked about the Sheriff’s Department reports and what constitutes a documented violation. Lorenz stated that the report would have to come from the Sheriff’s Department. He also stated he is unaware of the violations and they could be occurring when the Department is closed or on weekends and mentioned trying to coordinate with the Sheriff’s Department to be notified of these violations. White asked if these would be considered documented violations. Lorenz stated we would.

White asked if we should consider this packet to be complete since there is a possibility that this permit would have been revoked based on this information. Lorenz stated that is correct, however the Department has never received these notifications.

Roloff asked if the Department has ever received complaints from neighboring property owners. Wernecke asked if when we get letters like this if the Department follows up with the Sheriff’s Dept. Lorenz stated we have not in the past, but that can be perused.

Vogt spoke of time and date of violations according to the letters and the police reports that were made.

Alan Lawrence, applicant, appearing in favor of the request, stated that he is the owner of the two properties and representing Sand County Foundation. He also stated that these properties have been in the rental program since 1989 and 1992 prior to the establishment of the special exception permit. He stated that there is no reason why the neighbors should be disturbed and do not condone that behavior and have an established procedure with the Board, and call the Sheriff’s Department and call Sand County so the issues can be addressed. Fireworks are not allowed on the property but can’t help it on July 4th. In general he doesn’t feel there are noisy parties going on all the time.He stated that he doesn’t feel renters are in violation for carrying a rifle on the property and should be able to carry a rifle if they choose.He stated that the neighbors have the Sand County telephone number if the need to call.

White asked that the management office was called and was aware of the complaint of the fireworks at night and stated that the complaint was required to notify the county of the issue, per their decision letter. Lawrence stated that he was not aware of it, even though he is an owner, but not involved with the operations.

Roloff spoke of the previous case in Christmas Mountain, that the neighbors within a ½ mile of the property, they are notified of the lodging house by Sand County. He also asked if neighbors have been notified in this area. Lawrence stated that he has notified all neighboring property owners every year. He also stated that it is possible that neighbors have not been notified this year.

Wernecke asked if it is the practice of the Sand County Foundation to submit the proper paperwork to the Department. Lawrence stated he does not.

Vogt asked if he attended the Town meeting. Lawrence stated he was not aware of the Town holding a meeting relating to this and no one attended.

Vogt asked how the Town put it on their agenda. Lawrence stated he does not know and could be because the County notified them. Vogt referred to Exhibit IV,1. He suggested they simply acted on the public notice that went out from the county since no one was notified the meeting was happening.

Maureen Harrell, appearing in opposition, stated she owns the property at S1391 E Redstone Dr, and heard the last gentleman say that he didn’t know it was going to be on the Town agenda, neither did the neighboring property owners, who would have attended the meeting and shown up in opposition and feels that the Towns recommendation should not impact the decision today. She also provided some background on the property, purchased in 1994. She spoke of weekly and nightly renters that are not concerned about the safety and well-being of the neighbors, late parties, large groups of people, loud stereo blasting, over-parking, firecrackers, fire arms explosions, etc., as well as firecrackers being thrown at people. She also presented copies of the advertising for the lodging house and the lack of honor system for compliance. She stated that neighbors have lost faith in the process because of notifying the Board in opposition in the past and provided copies of letters in opposition from 2003 hearing. She also spoke of past decision letters and what constitutes a violation. She also stated that she has never received a letter from Sand County or the Lawrence‘s since 1994. (Exhibits presented are VIII,1,2 and 3 - advertisements for rentals “BirdBranch”, Exhibit VIII,4,5 and 6, advertisement for “Treehouse” rental, Exhibit VIII, 7 and 8, letters in opposition to 2003 special exception request, Exhibit VIII, 9, 10, 11, and 12, the decision letters in 1996 and 1998 in respect to the special exception with conditions, which were part of the application packet in 2003 and Exhibit VIII, 13, a view from an inspection made by County Staff.)

Roloff asked if she has ever been contacted by the Lawrence‘s or Sand County. Harrell stated she has never been contacted. She also spoke of problems with mail this year, she has never received correspondence from Sand County or the Lawrence‘s since 1994.

Sprecher asked if she has ever talked to the neighbors about having contact with Sand County. Harrell stated the neighbors have called Sand County but there has not been empathy to our concerns. She also spoke of an inspection by Planning and Zoning staff about damage to the property noted in such inspection.

Sue Keegstra, appearing in opposition, has a home on Lake Redstone, stated that the last meeting where the Town discussed the lodging house and was at that meeting, to her knowledge they did not discuss or know of letters in opposition and they simply stated it had been granted in the past. She also stated that she is the one that lives next to the illegal lodging house and have been fighting 2 years to stop that. They purchased the home because Lake Redstone was for single family use only.

White asked if she is a member of the home owners association and what their stance is. Keegstra stated she is a member and she has spoken to the Board and they are adamantly against lodging homes on the lake.

Vogt asked if there are other residence that own property at this meeting. Keegstra spoke to the Board about her situation but not this particular application.

Vogt asked if the topic was addressed for this application for the illegal lodging house that was before the court. Keegstra stated they voted on whether or not to ok the application to go forward to the Board. She believes that they were not aware of the complaints and issues with this lodging house.

Roloff asked about the Town meeting and asked who represented Sand County or the Lawrence‘s. Keegstra stated it was on the agenda for them to vote and don’t recall anyone representing Sand County or the Lawrence‘s.

Vogt stated that Mr. Lawrence stated he didn’t even know it was on the agenda. Sprecher stated that Planning & Zoning sends a notice to the Town Board so that they have the opportunity to put it on the agenda.

The Board asked to hear from Lorenz.

Vogt asked if he has heard anything about violations. Lorenz stated there have not been anything filed within our department, other than opposition heard after the notice has been out.

Alan Lawrence, reappearing in favor, stated that fireworks are not tolerated and feels that no one has called Sand County. He stated that someone has called Sand County on other issues so the neighbors know the telephone number somehow and feels she should take up any issues with the Realtor she purchased her property from. He concluded that there will be these types of incidents occurring and feels they have regulations in place so they can be addressed.

Wernecke stated that he said it is the nature of the business that there will be problems. Lawrence stated this is correct. Wernecke asked if that is the case, why weren’t the conditions of the previous special exception permits followed, specifically relating to violations. Lawerence stated that procedures are in place and hope that people interpret it reasonably.

Vogt asked who enforces this. Lawrence stated that is the weak link and have to rely on all the neighbors being disturbed. He also stated that who ever is on pager duty for the day.

Vogt confirmed if fireworks were set off, what the procedure would be and asked if there will be a fine. Lawrence stated they will loose their payment if they are evicted.

White stated she is concerned, because he has stated that as an owner, he is unaware of any issues by these neighbors and was unaware of phone calls made to the office. Lawrence stated that is correct and he wasn’t aware of these issues, but maybe his wife was. He also stated that all these calls were made after the event and they can’t stop it.

Maureen Harrell, reappearing in opposition, stated that the problem with Mr. Lawrence philosophy is that he is putting it under the burden of the neighbors to police his property, it is their duty.

Sue Keegstra, reappearing in opposition, stated that she has had to spend her entire time at the lake monitoring renters and the neighbors have had a hard time getting support and have spent hours trying to get the help that she needs to get assistance on her lodging house issue.

Seeing as no one wished to appear, Acting Chairman Vogt closed the public portion of the hearing at 11:40 a.m.

White stated that she was on the Board in 2003 and the people that were there that had issues, she spoke of the documentation and that the testimony and letters document what was asked by the Board in 2003 and claim of the history of similar abuses and is very concerned that the owner and manager are claiming ignorance and it is up to the owners to contact the Department on violations.

Vogt stated it appears there is a real lack of communication in what should go on in a lodging house in this area and what actually goes on and it appears we have had violations, but have not been relayed to the Department of Planning & Zoning.

Roloff stated the County has to revoke the permit, the Board would have to approve or deny it and based on the testimony and documentation that has been received there are a lot of problems within the organization and this significantly impacts the public welfare and safety.

Vogt asked about renewing it for only 1 year. He also stated that the applicants could reapply if it was denied and shown what was done to clear up issues with the neighbors and the Town Board.

White suggested that the Department needs to assist people to understand what their rights are as neighbors, notify them in writing to what their options are if their are violations.

Sprecher stated that Sand County has not followed the conditions of their original special exception permits.

Motion by Roloff, seconded by White, to deny the special exception permit for a lodging house on Lot 1 and Lot 2 Raven Addition, Lake Redstone. Motion carried 5-0.

D. Kathleen Ziegler (SP-16-08) a special exception permit to authorize the location of a pond within 110 feet of a property line.

White asked about the problem with the property line. Lorenz stated that when it is dried out, it recedes and is more than 110 feet, but when it fills up, then we have a problem with the property line.White asked how the Department became aware of it since it is already there. Lorenz stated he is unsure how that came about.Roloff asked if there is an outlet. Lorenz stated there is not. Roloff asked about the size of the pond. Lorenz stated that they intend to add towards the south and create a larger area, away from the property line.

Wernecke asked about the DNR having involvement. Lorenz stated because it is not near a navigable body of water and the size, the DNR would not get involved.

Tony Rena, appearing in favor of the request, appearing on behalf of the owner, stated that they were on the property clearing horse pastures and noticed that it was a little mucky and brought in the backhoe to dig out the stumps and hit water which has filled in the basin. He stated in its natural state, the pond meets all the setbacks, but when its wet and collects all the water, the pond fills up and swells, which caused them the apply.

Vogt asked about the adjacent neighbor. Rena stated that the adjacent neighbor is a corn field, in which all the water goes into the applicants property.

Vogt confirmed that the pond is lower in elevation than the cornfield and all other neighboring properties. Rena presented Exhibit VIII,1 a photo of the property when the flooding hit.

White confirmed that the pond is spring filled.

Vogt stated that this was found in a natural depression. Rena stated that was correct. Sandy Aspero, appearing as interest may appear, stated that her only concern was that they are floodplain/wetlands down below and when the pond was discovered, they were concerned that it would affect their water.

Vogt confirmed that Otter Creek runs north and south and to the east of Otter Creek is a crop field and property line/fence line. He asked Aspero where the water comes from into the cornfield. Aspero stated she is unsure. Vogt confirmed that from the cornfield, the water runs across County Highway PF. Aspero asked about the affect of the wells.

Vogt confirmed that Aspero’s property is approximately 1,000 feet east of the property and does not own the cornfield.

Seeing as no one wished to appear, Acting Chairman Vogt closed the public portion of the hearing at 12:11 p.m.

Vogt stated that the adjacent owner has been contacted by letter and has not contacted back to Planning & Zoning. He also stated that the flood waters come from Otter Creek.

Roloff stated that the question before them is the 110 feet from the property line. So currently the pond is in compliance.

Motion by Vogt, seconded by Wernecke, to grant the special exception permit for a pond within 110 feet of a property line, with the conditions recommended by Planning and Zoning. Motion carried 5-0.

E. Patsy & Martin McCluskey (SP-17-08) requesting a special exception permit to authorize the renewal of a permit to operate a lodging house.

Patsy McCluskey, applicant, appearing in favor of the request, stated that she lives next to the lodging house and in full view of the property and is used by all women. Roloff asked how many people are on-site during the year. McCluskey stated she is book 39 weekends a year. White asked how many occupants at one time. McCluskey stated that the occupancy is 17 and holds large groups for a place to come to share the quilting hobby.

Vogt asked if they have received any complaints. McCluskey stated she has received none.

Seeing as no one wished to appear, Acting Chairman Vogt closed the public portion of the hearing at 12:26 p.m.

Motion by White, seconded by Wernecke, to grant the special exception permit for the renewal of a lodging house, with the conditions recommended by Planning and Zoning, with the renewal being after 10 years versus 5 years. Motion carried 5-0.

Respectfully submitted,

Halsey Sprecher

Secretary