Board of Adjustment

3-35-10 Minutes (12 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
March 25, 2010 Session of the Board



PRESENT: Rich Vogt, Chair
Linda White, Vice-Chair
Fred Halfen
David Allen
Ron Lestikow, Alternate
Dave Wernecke, Alternate

STAFF PRESENT: Dave Lorenz
Mary White

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

Chair Rich Vogt called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M., with Wernecke sitting in. Lestikow was not in attendance at this time. 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 hearings. The certification of notice was accepted on a motion by Allen, seconded by Halfen. Motion carried, 5-0.

The Board adopted the agenda for March 25, 2010 meeting on a motion by White, seconded by Halfen. Motion carried, 5-0.

Motion by White, seconded by Wernecke to adopt the February 25, 2010 minutes. Motion carried 3-0 with Vogt and Halfen abstaining.

Wernecke recused himself and Lestikow filled in.

COMMUNICATIONS: None

APPEALS:

A. Double K.D. Ranch, Inc. (SP-03-10) a special exception permit to authorize the relocation of a campground. The property is described as: E12442 County road W, part of the SE, SE, Section 6, T11N, R7E, Town of Greenfield.

Dave Lorenz, Environmental and Zoning Specialist, appeared and provided the history and background of the request as well as photos and a video of the site. A recommendation with conditions was given, if the request is approved. White asked if this use was "grandfathered" in. Lorenz stated it was.
Vogt stated that basically what they needed to do was move a part of the campground out of the floodplain. White asked if this would put them in compliance with the ordinance. Lorenz stated that it would.

Ken Cady, applicant, appeared in favor. He wished to clarify that the total campground was 15 acres with 2.81 acres to be moved out of the floodplain. This property has already been rezoned. This request was not an expansion as much as a relocation. Screening was discussed. The trees have already been ordered.

White asked about the ownership of the campground. Cady explained that ownership is by Cady, LLC which is actually Carla and Ken Cady with their parents having life tenancy.
Cady stated this was a family campground and he had always lived there. White asked if the campground owns the campers. Cady responded that they are privately owned. White asked if there had been any complaints by the neighbors. Cady stated there had not been.

Vogt asked Cady if he had any problems with the conditions worked out with the Town of Greenfield. Cady questioned the fact that they had to return every five years to have the permit renewed and was this required of every other campground. Vogt said the Town of Greenfield Planning Commission had requested that. Cady could come back in five years to see how things were working out. Cady stated there had been no problems in 45 years.

Lestikow questioned exhibit II-12, #8, screening. Would this be all along County Road W? Cady stated part of it was already screened. They had 375 trees on order to be placed between the campground and road. The trees would be delivered on April 29, 2010. The Town of Greenfield was agreeable. Type and size of tree was discussed. Lestikow asked who would be policing the screening. Cady stated they would monitor it and he assumed the County would.

David Wernecke appeared as interest may appear. He was on the Town of Greenfield Planning Commission and wanted to reaffirm the Town's conditions. He stated that this process took 8 months because they were not getting the information they requested from the applicant. He said that the applicant had verbally agreed to provide for another access point to the emergency parking area. This would be used if there was a flood and they needed to relocate campers. They only have one access point to this area shown as "storage" on the plan. The access would go through existing sites. Halfen asked why this wasn't included with the Town's conditions. Wernecke stated the applicant would affirm in time for the board meeting. Wernecke also stated the five year renewal period was advisable in this case. White asked if there was a lot of public comment at the meetings. Wernecke responded, no.

Cady wished to address this item. He said there had been no public comment on issues. He had a conversation with Steve Sorenson regarding addition of another access for emergency parking. It was agreed to at that time that this would be added. Cady needed to decide where the logical place would be for another roadway. Vogt stated this access would not necessarily be a roadway. The use of sod was discussed. Halfen stated sod would be worthless during heavy rains. Cady agreed to make arrangements.

Terry Turnquist, Town of Greenfield Chair, registered in favor.
Seeing no one else wished to speak the public portion of the hearing was closed at 9:45 A.M.

Vogt stated this project has been thoroughly discussed with the Town and County. The applicant has a good plan with the addition of a second access point for the emergency parking area. White stated telling the applicant to use sod or gravel on this access would be micro-managing. She said she didn't believe that needed to be added as a condition. Halfen stated sod would not stand up in emergency situations like heavy rain. White stated most of the units will be out of floodplain danger and the end of the roadway would be grass anyway. She didn't see this as a heavy use area. Vogt also stated the use would not be that frequent. White pointed out that it was the applicant who testified that the additional emergency access was planned though the location hadn't been decided on. Because the access was part of his testimony, the applicant would be held to installing it.

Allen stated the applicant had done everything that had been requested. Lestikow agreed.

Motion by White, seconded by Vogt to approve the special exception permit without requesting another access point to the emergency parking area. The applicant to follow recommendations and conditions as requested by the Town of Greenfield and the Planning and Zoning Department.
Motion carried, 5-0.

B. Gordon & June Jensen, (SP-04-10), two variances to authorize a proposed utility room addition to their existing residence. The property is described as: S5191 State Road 113, part of SW, SW, Section 6, T11N, R7E, Town of Greenfield.

Lorenz appeared and provided the history and background of the request as well as photos and a video of the site. White asked how long the house has been there. Lorenz stated the current owner had been in the house since the 1960s.

Vogt asked if there were other houses that close to Clark Creek. Lorenz said there was one house that had been damaged and abandoned in 2008. Houses to the south were farther away. This house was the closest.

White asked if they were going to change the basement into a crawl space. Lorenz stated that was their plan and it wouldn't be any closer to the creek.

The Town of Greenfield Board hasn't reviewed the request yet, but the Planning Commission had and approved it, 4-0, with certain conditions.

Vogt stated there were two variances requested. White asked if this would bring the property into compliance with Shoreland zoning. Lorenz stated it would. Vogt stated this was a request for an area variance.

Gordon Jensen, applicant, appeared in favor. Vogt explained that with variances three conditions must be met. They are a hardship to owner, the property has unique limitations and that it is not contrary to public interest. Vogt asked why Jensen felt he should be granted this variance. Jensen explained that water had been seeping into his basement since the last flood. He described damage to utilities in the basement and the house and health issues. He dredged the creek in front of the house which helped for a little while, but it didn't stop the leaks. He can't drain the basement because there is no place for the water to go. He stated this was his only option.
Vogt asked if they had problems before the flood. Jensen said occasionally. Vogt asked if they got water on the first floor. Jensen responded, no. The water from the flood didn't get into the house, this was seepage from underground water.

Vogt asked if he was planning on closing off the basement entrance. Jensen stated yes, but there needed to be access to the crawl space. The crawl space would be needed for furnace ducts.

White asked if Jensen had professional people look at the situation. He said he did and Jerry Sprecher would be the general contractor. Sprecher determined that the addition would be large enough for the utilities.

Vogt stated the owner definitely has a hardship. It won't effect the neighbors and he couldn't live in the house without this addition.

Jerry Sprecher, general contractor, appeared if favor. He stated the fuel tank would be removed, the foundation would be leveled up and a small mechanical room would be added. The well is in the basement, so a new well will be drilled. He also stated that the existing breezeway would be the entrance to the mechanical room.

White asked where the access to the basement would be. Sprecher indicated it would be on the back side of the structure.

Vogt stated the issue was not how this would be done but if it meets the three variance conditions.

Halfen asked if the fuel oil tank was rusting. Sprecher stated the legs were rusting, but it was not leaking. The tank would be removed and the owner would be switching to natural gas.

Terry Turnquist, Town of Greenfield Chair, appeared. He stated that this is a unique situation and the issue is to help the owner live out his life in the house.

Vicki Marquardt appeared in favor. She was a neighbor. She described the damage done by the flood. Vogt asked if she had water in her house from the flood. She stated they had sandbagged.

Laurie Lindell, CWCAC, registered in favor, but did not wish to speak.

Seeing no one else wished to speak, the public portion of the hearing was closed at 10:30 A.M.

Vogt stated that looking at the March 18, 2010 Planning Commission memo it appeared that the request met the three requirements of a variance. Halfen stressed that the fuel oil tank must be removed.

Lestikow stated that the owner has a real problem with the mold issue. The owner needed help and the Board should give it to him.

White noted that the addition would not put the structure any closer to the creek.

Allen stated this was a good opportunity to correct the situation.

Motion by Vogt, seconded by Halfen to approve the two variances to authorize the addition of a utility room with conditions as stated in the Planning and Zoning report. Motion carried, 5-0.

Motion by Halfen, seconded by White to adjourn. Motion carried, 5-0.

Respectfully submitted,



Robert Roloff, Secretary