DATE: July 28, 2009
Committee Members Present: Cassity, Ashford, Gaalswyk, Netzinger, and Lehman.
Others Present: Mark Steward, Mary White, Dave Tremble, Marty Krueger, Chad Brown, Brian Simmert, Dave Gawronski, Alene Kleczek, Mark Beisbier, Jim Birkemeier, Jr., Jim Birkemeier, Sr., Helen Birkemeier, and other interested citizens.
Chairman Cassity called the meeting to order at 9:00 A.M.
Staff certified compliance with open meetings law.
Agenda: Motion by Lehman, seconded by Netzinger to move item 6d up after Communications and postpone Baraboo Range Protection Program until more information is available. Motion carried, 5-0.
Motion by Gaalswyk, seconded by Lehman to approve the minutes from the July 14, 2009 Committee meeting. Motion carried, 5-0.
Public Comment: None
Communications: Gaalswyk reported he had been contacted regarding a holding tank for the Palmer Farms property. Joe Prem, Chair for the Town of Franklin, had discussed this situation with him. This property was adjacent to the Village of Plain's industrial park. Holding tanks are not allowed for new construction except with BOA approval. A mound system could be installed. This may be cost prohibitive. Their choices are an alternate system, appeal to the BOA, town sanitary district or annexation to the village. Staff is working with the owner and this should be added to the agenda for the next meeting.
Marty Krueger then appeared regarding rentals on Lake Redstone. He had received an e-mail from Malave who is renting out his house. Malave requested a meeting with county officials and the Town of LaValle. Krueger met yesterday with Mark Steward, Steve Sorenson, Alene Kleczek, Cal Brey and Joe Pratner on this issue. The town will be discussing this situation at their August meeting. Malave would be available for a meeting next Tuesday.
The next item to be discussed was the Mark Beisbier Planned Unit Development (PUD) conditional use permit. Brian Simmert appeared and gave a background of the request. He indicated the wrong 40 was shown on the map. This permit would cover 37 acres. The conditional use permit standards were read by the secretary and answered to the affirmative. Additional standards were read. Findings of fact and conditions were reviewed. Motion by Ashford, seconded by Gaalswyk to approve the conditional use permit as requested. Motion carried, 5-0.
Planning and Zoning vouchers were then reviewed. Motion by Gaalswyk, seconded by Ashford to approve the vouchers in the amount of $5,982.70. Motion carried, 5-0.
Discussion followed on the 2010 Census. Krueger reported that a count committee to oversee the 2010 Census has already been set up, except for a representative from the City of Baraboo. $3,000 has been allocated for this item. The Committee signed a resolution detailing this arrangement back in April. This was a way to get local people involved.
Public hearing called to order by Chair at 10:00 a.m.
The first petition to be heard was Petition 8-2009, a request by Joseph and Betty Valley to rezone lands out of the Shoreland-Wetland District according to Section 8.10 Shoreland-Wetland District (5) Rezoning of lands in the Shoreland-Wetland District. The land affected by the rezone includes: A parcel of land located in the NE ¼ of the NE ¼ of Section 4, T12N, R4E Town of Reedsburg, Sauk County Wisconsin. Total fill area encompassed 1.61 acres more or less.
Brian Simmert, Planner, gave a background report on the request. The consequences of not approving this request would be that the structure, which already existed, would need to be moved. The town issued a permit for the structure. At that time, it was not clear that the county had jurisdiction also.
Joseph Valley, owner, appeared. He stated they had gotten approval from the township. Two years later the county noticed that fill had been placed in the wetlands. The Department of Natural Resources and the Army Corps of Engineers had approved the project. The county permit is the final ok needed to bring the property into compliance with county codes. The property was not shown on the map as wetlands when the project was started. There is a shared easement on property. When asked if they planned to build a residence on the property, Valley responded not now. All they wanted was a machine shed.
Seeing no one else wished to speak the Chair closed the public portion of the hearing at 10:25 A.M.
Motion by Gaalswyk, seconded by Lehman to approve the rezone of the property out of the Shoreland-Wetland District. Motion carried, 5-0.
The next item for hearing was a request by William & Shirley Brown to change the zoning of property from a Resource Conservancy 35 to a Commercial District to allow for the future needs of a retail business (PaPa Bears Northwoods Store) The land to be affected by the proposed rezone is: A portion of Sauk County tax parcel number 002 0661-00000 being remnant Lot 1 of Sauk County Certified Survey Map 2589 located in the NE ¼ of the SE ¼ of Section 21, T12N, R6E, Town of Baraboo, Sauk County, Wisconsin. It is expressly intended to describe that portion of Lot 1 CSM 2589 lying between the westerly limits of Lot 1 CSM 4591 and the proposed easterly right-of-way line of USH 12.
Simmert appeared and gave the background of the request and recommendation of approval.
William Brown, owner, appeared in favor. He gave more background information. This was the third time Brown had been before the committee requesting a rezone. This was the final rezone request on property he owns. He always tried to comply with county regulations and make the property look better. He has 8 employees.
Seeing no one else wished to speak the public portion of the hearing was closed.
Motion by Gaalswyk, seconded by Ashford to approve the rezone as requested. Motion carried, 5-0.
The last petition to be heard was a petition to amend the Sauk County Zoning Ordinance, Chapter 7 of the Sauk County Code of Ordinances. The amendment, seeks to provide a greater level of clarity with which to administer the zoning code as it relates to signage setbacks and regulation of sawmills, and in the case of camping, provide an updated set of regulations that are consistent with State Code.
There are three segments to the request. They will be taken one by one.
The first item for discussion was sawmills. Steward appeared and gave the background and how sawmills had been treated in the past. There currently isn't a definition of a sawmill. He explained the intent of the amendment. The changes were discussed. Biofuel manufacturing was briefly discussed. It was suggested that the Committee should be looking at a complete rewrite of the entire ordinance. The term "parcel" was discussed as well as the total wording of the definition.
Alene Kleczek appeared. She asked the Committee what their intent of the wording was. They wanted a land owner to be able to harvest trees from their own property. The language of the definition was discussed.
James Birkemeier appeared. Definition of "facility" was questioned. Farmers doing custom work for neighbors was also questioned. He had numerous suggestions for alternative wording.
Helen Birkemeier, property owner, appeared in favor. The landowner is often not the owner of the mill. She stated there is a big difference between the landowner sawing logs from his own land and commercial mills. She suggested two different definitions.
James Birkemeier, Sr. Appeared in favor. He explained the difference between a wood miser saw and the old versions.
Kleczek appeared again and offered an alternative wording to definitions. This was discussed at length.
Lehman stepped in as Chair at 11:35 A.M..
Krueger appeared and stated that the committee's job was to provide language or changes to the ordinance that they all agreed on. The language on this amendment appeared to be a problem before it came to public hearing. Now was not the time to be questioning the wording. This should have been done at a regular committee meeting.
Motion by Ashford, seconded by Gaalswyk to refer this item back to the Committee. Motion carried, 5-0.
The next item for discussion was an amendment regarding signs. Steward appeared and explained the proposed amendment. It was suggested that there should possibly be a separate section on signs in the ordinance. Setbacks and right-of-way were discussed. It was noted that the word "medium" should be changed to "median."
Dave Gawronski appeared. He stated that this ordinance is the most restrictive he knew about. Right-of-way lines were discussed. He questioned the additional setback. He suggested that a five foot setback would be acceptable. The 20 foot and 50 foot setbacks were excessive.
Seeing no one else wished to speak the public portion of the hearing was closed at 12:00.
Motion by Cassity, seconded by Ashford to adopt the ordinance. This motion was lost.
Motion by Gaalswyk, seconded by Ashford to change the 20 and 50 foot setbacks from the right-of-way line to five (5) feet. This is on all classes of highway and all sizes of signs. Netzinger stated this was not addressing safety issues. Netzinger would like this amendment to go back to committee. Further discussion followed. Motion carried, 5-0.
The next item was an amendment to the camping language of the ordinance. Steward appeared and explained the wording closely follows state code. Camping permits would still be required.
Seeing no one wished to speak on this matter, the public portion of the hearing was closed at 12:15.
Motion by Gaalswyk, seconded by Cassity to approve the camping amendment. It was noted that Supervisor Endres had concerns on this subject. Discussion followed. Motion carried 4-1 with Netzinger in opposition.
Motion by Ashford, seconded by Gaalswyk to approve the minutes of the July 6th Committee meeting. Motion carried, 4-1 with Netzinger abstaining.
Motion by Netzinger, seconded by Gaalswyk to adjourn. Motion carried, 5-0.
Respectfully submitted,
Judy Ashford, Secretary
Notes by mary white.