Board of Adjustment

SAUK COUNTY BOARD OF ADJUSTMENT
January 26, 2017 Session of the Board

 

PRESENT:                  Linda White, Chair
                                   Dan Kettner, Vice Chair
                                   David Allen
                                   Henry Netzinger
                                   Nick Ladas

ABSENT:                    None.

 

STAFF PRESENT:     Dave Lorenz
                                 Gina Templin

                                   

OTHERS PRESENT:  See Registration slips

 

Chair White 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 Allen, seconded by Netzinger.  Motion carried, 5-0.

 

The Board adopted the agenda for the November 17, 2016 session of the Board on a motion by Netzinger, seconded by Kettner.  Motion carried, 5-0.

 

The Board adopted the minutes from the November 2016 Board of Adjustment meeting on a motion by Kettner, seconded by Netzinger.  Motion carried 5-0.

 

COMMUNICATIONS: 
None.

 

Discussion and possible action on an appeal postponed from October 27, 2016.

 

Motion by White, seconded by Ladas to bring the appeal back to public hearing to take more testimony.  Motion carried, 5-0.

A.        Ali Kauss (SP-15-16) requesting a special exception permit to authorize the location and operation of a lodging house.

 

Ali Kauss, applicant, reappearing, stated that the Town of Westfield recommends the appeal be recommended.  She spoke of safety issues including parking, smoke alarms, carbon monoxide detectors, fire extinguishers, and land lines available.   She also provided a list of operational rules and stated no camping would be allowed and when her father in law passes, the property will be transferred to her and her husband.

 

Allen asked the status of the septic system and if it is separate from the house.  Kauss stated that it is not separate from the main house, but the tank is large enough to handle the extra waste from coop and a reconnect would take place.

 

Ladas questioned about the notification from the Town meeting and the neighbors.  Kauss deferred the question to the Town.

 

Tom Broughton, appearing in favor of the request, stated he is the Town Chair of Westfield, stated the septic system is huge and was most likely put in with the intention of adding all the outbuildings to it.

 

White asked how the Town notified others in the Township that this meeting was taking place.  Broughton stated it was just posted like a regular meeting.  White asked if any other measures was taken or called.  Broughton stated they did not.

 

White asked about other people wanting to do this type of thing and what the town would feel. Broughton stated he doesn’t know what others in the town would think, but he understands it, as his wife operated a bed and breakfast with someone else in Reedsburg.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the hearing at 9:12 a.m. and the board went into deliberation.

 

Netzinger stated someone needs to occupy the residence onsite.  White suggested the permit holder must occupy the residence onsite.

 

Allen suggested that the septic be verified and updated to be compliant with what is taken place.

 

Kettner stated he feels the owners and responsible and can take care of it.

 

White stated this application is solid, but she is also concerned about the notification from the Town and that if they don’t see the few postings, the residents of the towns don’t know what is taking place.

 

Motion by Netzinger, seconded by Ladas, to approve the special exception permit to authorize the proposed location and operation of a lodging house, with the conditions requested by Conservation, Planning and Zoning in addition to the permit holder living in the residence on site.   Motion carried, 4-1 with White in opposition.

 

APPEALS:

 

A.        Mervin Jaech, Ray Zobel & Sons, Inc. (SP-01-17) requesting a special exception permit to authorize the continued operation of a mineral extraction site.

 

Dave Lorenz, Conservation, Planning and Zoning, provided a history and background of the request, reviewed photos and a video of the project and property and concluded with conditions to be placed on the appeal if it is to be granted. 

White verified the operational plan will have to follow the one in SP-01-09.  Lorenz stated that is correct.

 

Kettner asked if they can give the hours of operation that the applicant is requesting.  Lorenz stated they can.

 

Kettner asked about the site being previously used as a landfill.  Lorenz referred the question to Sorenson, but stated that was a previous operator.

 

Ladas asked if this is close to Ox Creek wetland/floodplain.  Lorenz stated it is not part of that.

 

White asked if LaValle notified the Department or the Department notified LaValle.  Lorenz stated LaValle notified the Department they have had no complaints on the site.

 

Ed Zobel, applicant, appearing in favor of the request, stated the sand pit is not noticeable from the highway, as they are working from the reverse side.

 

White asked if they are expanding the footprint over the next five years.  Zobel stated it is expanding, but they are reclaiming as they are expanding.

 

Kettner asked what is the major use of the sand.  Zobel stated the major use is for Lake Redestone and Dutch Hollow residential fill sand projects.  He said the township used to also mix sand out of it for the roads.

 

White asked for the hours of operation on the old permits and if they simply with 7-6 M-F and 7-12 on Saturday would that work.  Zobel stated that is sufficient.

 

Steve Sorenson, appearing as interest may appear, stated he inspects the pit and Zobel does a good job in the mine and the have been reclaiming as they work.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the hearing at 9:35 a.m. and the board went into deliberation.

 

Motion by White, seconded Kettner to approve the special exception permit to authorize the continued operation of a mineral extraction site, with the conditions from the 2009 special exception permit in place, the recommendation from Conservation, Planning and Zoning, and a change in operational hours to 7 a.m. to 6 p.m. on Monday through Friday and 7 a.m. to 12 p.m. on Saturdays.  Motion carried, 5-0.

 

B.        Ryan and Cetus Bass, Ray Zobel & Sons, Inc. (SP-02-17) requesting a special exception permit to authorize the continued operation of a mineral extraction site.

 

Dave Lorenz, Conservation, Planning and Zoning, provided a history and background of the request, reviewed photos and a video of the project and property and concluded with conditions to be placed on the appeal if it is to be granted. 

 

Kettner asked about the top soil.  Lorenz referred the question to Sorenson.

 

Kettner asked if the top soil would be able to be used for pasture and if the depth would be different it was used for crop land.  Lorenz stated he is unsure.

White asked if the old permit would be renewed in September when it was set to expire or as of today.  Lorenz stated it would renew today.

 

Ed Zobel, application, reappearing, stated they haul approximately 4,000 yards a year out of this pit and they leave enough seed bed to grass up so that it can be reclaimed.

 

White asked what the soil type is under the black dirt.  Zobel stated it is clay.

 

White asked about the operational guidelines are not on this pit and don’t include hours of operation.   Ladas spoke of the requested hours of operation.

 

Steve Sorenson, appearing as interest may appear, stated he attended the Town meeting in Winfield and they approved the request, and spoke of similar reclamation and uses.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at 9:50 a.m.

 

Motion by Kettner, seconded by Ladas, to approve the special exception permit, with the additional condition of hours of operation from 7 a.m. to 6pm on Monday – Friday and 7 a.m. to 12 p.m. on Saturday, as well as the conditions recommended by Conservation Planning and Zoning.

 

Motion by Allen, seconded by White, to adjourn at 9:52 a.m..  Motion carried, 5-0.

 

Respectfully submitted,

 

 

 

Henry Netzinger, Secretary