DATE: October 22, 2009 Session of the Board
PRESENT: Rich Vogt
Robert Roloff, Secretary
Fred Halfen
David Allen
ABSENT: Linda White
STAFF PRESENT: Gina Templin
Steve Sorenson
Mark Steward
Dave Lorenz
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Chair Vogt called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 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 Roloff, seconded by Halfen. Motion carried 4-0.
The Board adopted the amended agenda for October 23, 2009 meeting on a Motion by Vogt , seconded by Halfen. Motion carried 4-0.
Motion by Roloff, seconded by Allen to adopt the September 24, 2009 minutes. Motion carried 2-0 with Halfen and Vogt abstaining.
COMMUNICATIONS:
None to report.
APPEALS:
A. Michael & Margeret Kessenich (SP-43-09), special exception permit to authorize a drinking and eating establishment in which liquor and/or malt beverages are served or sold, play/sports fields with night lighting and a campground.
Steve Sorenson, Assistant Zoning Administrator, appeared and provided a revised staff report and 2 letters (which were read into the record) received by the Department in regards to the request, as well as a floodplain map showing the property in question. He then gave the history and background of the request as well as photos and a video of site. He also provided information submitted by the Town for recommendations of conditions if approved.
Vogt spoke of the town recommendations and the staff report of recommendations. Sorenson stated that if the Board applies conditions to the permit, the Department needs what is necessary to follow through and make sure those conditions are met.
Vogt asked about a plan of action for any disturbances and issues. Sorenson stated the applicant should have a policy in place to handle any issues so that the Department or the Police do not have to be called.
Roloff asked about including the Town/Plan commission conditions into the Department conditions. Sorenson stated that we would like those conditions to be included.
Halfen asked about the citations that have been issued. Sorenson explained the citations.
Halfen asked if there is an effort at settling that. Sorenson stated they have a court date set, however he asked that these issue be settled by today.
Vogt asked about the previous camping permit violations. Sorenson explained that he was notified that he did not have the permits to camp, but held an event and had camping.
Halfen asked about the process of notifying landowners of the meeting and the request. Sorenson explained the notice process. Halfen stated he has an issue with that and feels if they are requesting outdoor bands the Department should have noticed people further out.
Mike Kessenich, applicant, appearing in favor of the request, stated that he is not requesting anything that hasn't been done in the past. Said that for car shows or war reenactments people have camped. He feels that the night lighting is the only new request and feels it makes it more convenient for customers. He addressed the campground abilities for those that have a wedding reception where people drink and don't want to drive.
Vogt asked what kind of camping. Kessenich stated tents, motor homes, etc, but no sewer connections or dumping stations will be used, however there are 4 port-o-potties onsite.
Roloff asked about getting a camping permit. Kessenich stated that this is the first he has heard of this and feels it is unnecessary. He spoke of the camping that will be agreed.
Roloff stated it is part of the county ordinance and believes that anytime a property owner allows camping on private property, they need a permit.
Vogt asked if this was something that has been happening in the past. Kessenich stated that he has owned the bar for 2 years and he has only had 2 events where he needed a camping permit.
Vogt asked for remodeling on the bar and it is actually within the highway setback, which makes it a nonconforming structure. Kessenich stated the addition is on the back of the building and that makes it ok.
Vogt asked about the concern from previous meetings about the music and the longevity of the music and night lighting and the campground issues and asked how he is looking to address those issues. Kessenich stated he will cut the music off by 12:30 and it will only be a Friday or Saturday night and never during the week. He stated that the Town does not have a noise ordinance so it is all up to him when he wants to shut off the music. He stated he is a quiet bar and the majority of his patrons are 35 + in age and does not get into loud music, only blue/jazz, pop-rock, country and is a milder format. He stated after bar time there can be no drinking on the premises and he does have the ability to watch over the ground with from inside the bar and does have a lift where one person can sit with a radio and if there are any problems with people getting into trouble, that is how they can see that.
Vogt stated that the county will require a security plan for handling issues to address the trespass issue and noise issues. Kessenich stated that he does have a plan, only 1 campfire, no drinking after bar time and other measures to make sure there are no issues. He said he does have someone there all night to keep an eye on things.
Vogt asked if these are paid security people. Kessenich stated it is not, it is himself and whoever he gets to help him. He also said he has a security system inside the bar.
Vogt asked about parking and if there will be parking allowed on the highway. Kessenich stated it has been historic that people park on the shoulder of highway PF.
Vogt stated there was no discussion in the Town meetings. Kessenich stated it's a non issue because that is how it has historically been. He also stated that he is looking into purchasing land across the highway, but right now that is on hold.
Vogt asked if he has read through the conditions listed and asked if he can meet them. Kessenich stated he made the agreement with the Town board and can follow through with those conditions. He also addressed the citations for the camping and would be giving some slack because of the economic conditions.
Allen asked if alcohol is served outside and how you contain minors from getting into the events. Kessenich stated that no minors are allowed into the events and has people checking id's at all entrance locations.
Halfen asked about the event from 4 th of July. Kessenich stated that he believes about 60-70 people. Halfen asked what he feels he needs to succeed. Kessenich stated that it would be 3-400 people. Halfen asked if he feels that 4 port-o-potty's are sufficient for all those people. Kessenich feels that between the restrooms inside the port-o-potties are sufficient. He also spoke of adding 2 new restrooms in the bar addition.
Halfen spoke of the parking issues on Highway PF with the highway commissioner and he does not have any issues with the parking.
Larry Phelps, appearing in favor of the request, stated he is representing the Town and stated that they tried to come up with a compromise and feel this could be a potential positive for the town and serve as a social setting for the town.
Vogt stated they are trying to respect the opinions of the people that in opposition, but what is the Town's sense of the general feeling from the Town's residents. Phelps stated that most of the members of the Town are comfortable with it and he wasn't aware that there are still problems with it.
Vogt asked about the outdoor bands and they would be restricted at 1 a month. Phelps stated that is correct stating he can have 1 a month.
Halfen read from the ordinance and speaks of air, water and noise pollution and disagrees that there is nothing in the ordinance about noise pollution. Phelps stated that it was brought up but they felt that the intent of the ordinance for industrial machinery and such and not for the bands and feel that they are giving up a few nights of noise pollution.
Halfen asked if the planning commission notified the neighbors. Phelps stated that they did their standard noticing of placing in a public place, but he feels that is inadequate and spoke of an email list that is set up for informal distribution of plan commission meetings.
Vogt spoke of the Department staff report spoke of violations and complaints and asked if they are working with the county if complaints are given. Phelps stated that the plan commission doesn't hear much of the complaints, but the fact that there were complaints suggests the late degree from town.
Roloff spoke of the campground permits referred to and he read from Ag district.
Laurie Lindell, appearing in opposition, stated that she is one of the property owners closest to the tavern right around the surrounding corn fields and stated that she has nothing against the bar owner but feels that he needs to respect the neighbors and with the outdoor bands, those will be disturbing, but when you have the speakers pointing to your house, its going to be disturbing, but 1 special event a month they will deal with. The camping however will make much larger issues and people park not only on PF, but on Granite Drive as well and there are issues out there and don't feel that people will adhere to the regulations of the camping.
Halfen asked about the previous events that have been held there. Lindell stated that the first event they had the bands going until nearly 2 in the morning and fireworks were shot off all during the night.
Vogt asked if the conditions through the town is sufficient or if the biggest concern is for camping. Lindell stated it is the camping. She also spoke of getting a ticket for her dogs barking in the country so there is a public/noise ordinance.
Vogt asked how far away she is from the bar. Lindell stated she is not even ¼ of a mile away from the bar and there is a corn field that separates her home from the bar property.
Sorenson reappearing.
Vogt asked about needing or not needing a camping permit. Sorenson stated that if the camping is approved today, a normal campground is required to get a state license. If he is not getting a state license, then the Department requires the local permit.
Vogt asked if this is in the ordinance or if this is a condition. Sorenson stated this is for special events.
Roloff stated he understands the camping conditions in the Ag ordinance are the ones he would like as the conditions, if the State license is not applied for and granted. Sorenson stated that was correct, and he stated that he needs reports showing that the septic is properly serviced after each event that the port-o-potties were serviced.
Halfen stated that the ordinance does address loud and rowdy behavior and the surrounding land owners issues are covered.
Vogt spoke of the fax from Linda White.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 10:35 a.m.
The Board deliberated each issue separately.
Motion by Vogt, seconded by Halfen, to allow the special exception permit to allow the eating/drinking establishment with a liquor license with the conditions listed by Planning & Zoning. Motion carried 4-0.
The Board then discussed the sports field/night lighting request. Halfen spoke of any conditions set by the Town Board on night lighting restrictions.
Motion by Allen, seconded Roloff, to approve the special exception permit to allow play/sport fields with night lighting, along with the conditions set by the Planning and Zoning Department and Township. Motion carried 4-0.
Halfen stated he agrees with the Planning Commission in that it is good for the town, but he is concerned with allowing an activity, permitting an activity and monitoring and activity that is going to put a burden on the county and we are dealing with a land owner who knowingly violated the ordinance and the neighbors have not been properly notified. He is also concerned about the number of people that he is planning for the events. One is 60, he plans on 300, how do they not know it's going to 3,000 and provided an example of the Harley Ride. He spoke of other issues in the area about outdoor bands and that there is already a problem in the county with people being disturbed by outdoor music. He has requested that this be tabled until people can properly be noticed.
Vogt disagreed and feels the Board's hands are tied as well and they can't address all these issue with what is before them.
Steward appeared and advised the Board that they can make conditions as they fit and did speak of what was in the ordinance. He also addressed the issue of over 1,000 people needs a permit through the county board for large assembly.
Vogt asked if they can make the conditions, but it isn't in the ordinance that says they need a special exception permit to do it. Steward stated that can be done.
Halfen asked that the motion include a condition to obtain a special permit to hold outdoor music events. Halfen feels that the Board is allowing something to happen that will potentially get out of control and can't support this motion.
Motion by Roloff, seconded by Vogt, to approve the special exception permit to allow the camping, with the conditions set by Planning and Zoning and Township, as well as the additional condition that the applicant follow the requirements set with camping, as stated in the Agricultural Zoning District, the permit shall not be transferrable and will expire in 5 years with the ability to renew at that time. Motion carried 3-1, with Halfen in opposition.
B. LL JBP LLC (SP-38-09) requesting a special exception permit to authorize the renewal and expansion of a contractors storage yard and warehousing.
Steve Sorenson, Assistant Zoning Administrator, appeared and provided an amended staff report, a letter from the Town of LaValle regarding the appeal and an air photo of the property. He then gave the history and background of the request as well as photos and a video of site and a list of conditions recommended if the Board chooses to approve the permit.
Halfen asked about the existing driveway. Sorenson stated he is unsure how long it is has been there.
Roloff asked if this is recommended for a period of time or if this is transferrable. Sorenson stated he did not specify a time because of the 3 strikes rule and is asking for it to be non-transferrable.
Halfen asked if the neighbors by the cemetery were notified. Sorenson stated they were notified.
Steve Blakeslee, applicant, appearing in favor, spoke of the property history and background as well as reviewing all other permits that have been received for work that has been done on the property. He also stated that the current contractor storage yard is zoned agricultural and has a buffer and will continue to operate. However the new contractor storage yard on the south end of the valley, which is zoned commercial, for the stock pile area, which will be removed within 3 years.
Vogt referring to the color map marked "B", shows an area where minerals will be extracted from and then will be hauled and moved to site A. Blakeslee stated that is correct.
Blakeslee then spoke of the mini-warehouse buildings to be built. Roloff confirmed that is zoned commercial. Blakeslee stated it was.
Vogt asked about the letter from the Town of LaValle and two different letters. Blakeslee stated that when he met with the Planning Commission, they discussed a 3 step application, but he did not go to the Town Board meeting and they failed to discuss the storage sheds, therefore it wasn't included in the letter.
Vogt asked about the conditions sent from the Plan Commission of LaValle to the Town Board and confirmed he is aware of those. Blakeslee stated he is and has a copy of the letter.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 9:35 a.m.
Motion by Halfen, seconded by Roloff, to approve the special exception permits with the conditions listed by Planning and Zoning and the Town of LaValle Board and Plan Commission and the permit is nontransferable. Motion carried 4-0.
Meeting adjourned.
Respectfully submitted,
Robert Roloff,
Secretary