Board of Adjustment

Minutes (61 KB)

PRESENT: Richard Vogt, Chair Robert Roloff David Allen Linda White

ABSENT: Henry Netzinger

STAFF PRESENT: Gina Templin Dave Lorenz Mark Steward

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 9:05 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. Certification accepted on a motion by White, seconded by Allen. Motion carried 4-0.

Motion by Roloff, seconded by White to adopt the agenda for the September 23rd meeting. Motion carried 4-0.

Motion by Allen, seconded by Roloff to adopt the minutes from the August meeting. Motion carried 4-0.

COMMUNICATIONS:

None to report.

APPEALS:

A. Jason Schluter Construction LLC (SP-18-10) requesting a special exception permit to authorize filling and grading within 300 feet of Lake Wisconsin for the construction of a new residence.

Dave Lorenz, Environmental and Zoning Specialist, appeared and provided the history and background of the request and reviewed the staff report provided to the Board and Applicant, as well as photos and a video of site.

White asked about the drainage ditch and the location on the property. Lorenz stated the drainage ditch runs right through the center of the lot.

Jason Schluter, Agent, appearing in favor of the applicant, stated that the main concern is how the water will be handled on the lot and asked the Board to review Exhibit II,4, the highlighted site plan and pointed to a yard drain collecting water between the house and garage, as well as the water coming from the driveway being redirected to a french drain, and confirmed for the Board that this is what they plan to do at this, but is an actual plan of another site. He also spoke of using the proposed retaining walls and erosion control of silt fence, as well as silt sock and the placement of such.

Vogt asked about the area that is outlined on the exhibit is the area that will be disturbed. Schluter stated that is correct.

White asked for confirmation none the trees/vegetation to be disturbed. Schluter stated that the trees on the outline of the house will be the ones to be removed, but the rest will remain.

Vogt confirmed that the water will remain on Lot 11. Schluter stated that is correct.

Vogt asked if he spoke to the Township. Schluter stated he did attend a town meeting.

Roloff asked about no comment being made. Schluter stated that they did not have a comment for the Board, however there was no objection at the meeting.

The Board discussed the area previous to all the development.

Jack Schluter, appearing in favor of the request, stated that there are a couple of piles of dirt that they will try to vegetate yet this year, but do have tarps to cover the piles until it can be started. He also stated it is easy to contain the water runoff because of the swales and the way the house is designed allows the main drainage ditch to contain. The design allows them to keep the grading to a minimum and allow the natural contour of the land to remain.

White asked if all the remaining fill will be hauled off site. Schluter stated the y will use most of it, but any extra will be hauled off site.

Vogt asked if they have applied for a land use permit. Schluter stated they have applied for the land use permit, but they still have items to submit before the permit can be issued.

Seeing as no one else wished to speak, Chair Vogt closed the meeting at 9:30 a.m.

Vogt stated that he feels the plans are very well laid out and the main concern is the drainage and the plans seem to address it.

White feels the plan is very well done and a lot of thought has been put into to be sure it is done right.

Roloff feels the plan addresses the ordinance requirements.

Motion by White, seconded by Roloff, to grant the special exception permit for filling and grading within 300 feet of Lake Wisconsin for the construction of a new residence, with the conditions recommended by Planning and Zoning. Motion carried 4-0.

B. Matt Elsing (SP-19-10) requesting a special exception permit to authorize filling and grading within 300 feet of Lake Wisconsin and the clearing of more than 25% within 35 feet of the Lake.

Dave Lorenz, Environmental and Zoning Specialist, appeared and provided the history and background of the request as well as photos and a video of site. He then provided recommendations by staff if the request is approved.

White asked about slopes and vegetation. Lorenz explained that more information should be provided by the Applicant and the Department has not received any information other than what was provided to the Board.

Vogt asked about Exhibit II,3, if that is all that is received on the retaining walls. Lorenz stated no other information has been provided.

Matt Elsing, Applicant, appearing in favor of the request and presented Exhibit VIII,1, 2 and 3. A site plan, a site plan for replanting and a site plan that has been signed off by neighbors. He then presented Exhibit VIII,4, a site plan showing the area of disturbance with contours. He then stated that he has owned the lot for several years and is basically doing this for an erosion control plan, as there is a fairly large swale running through the property and with all the rainfall the last couple of years, there is a lot of erosion going on, even though it is hard to tell because of the vegetation. His intent is to fill in and redirect water going through the swale, put riprap into and save some of the soil from going into the lake.

Vogt asked about the riprap along the lake. Elsing stated that was there when he purchased the lot.

Vogt confirmed there is a high bank to the north. Elsing stated where they are flattening it out is where it is at the 20% slope. And restated that right now the intent of this permit is to address the erosion control problem.

Vogt asked about the contour map and the location of the swale. Elsing explained.

Roloff stated it looks like there will be a 40 x 40 foot area flattened out in the middle of the present waterway and then put an 8 foot retaining wall around 3 sides of it and leave the lake side open. Elsing confirmed that is correct.

Roloff asked about the water runoff after construction. Elsing stated they are going to redirect the water into a riprap area.

Vogt asked about the south wall and not entering the drainage pattern. Elsing stated they have other means there.

Roloff reviewed the water runoff and redirection of the water around the north retaining wall and then into the riprap area and the water will not then go across the 40x 40 flat area. Elsing stated that is correct.

Roloff asked about the material of the retaining walls. Elsing stated it would be made out of boulders.

White asked if the wall is one wall or many. The Board discussed the water runoff. White asked if this will be stacked stairstep type wall. Elsing stated that is correct.

Roloff asked what the flat area will be used for. Elsing stated they will seed the area and use it for an area to stop when boating.

White asked if they plan to put a boathouse on the property. Elsing stated they do not have any plans for a boathouse.

White asked about the tree removal and replanting plan. Elsing stated much of the trees have been washed away and the root system is not there.

White asked how the look of the lot will change and if the area has lots that are flat and no vegetation or natural. Elsing stated the neighboring lot has the entire lot seeded.

Vogt asked about the Exhibit VIII,2, replanting plan and if this is what is there or what will be planted. Elsing stated that the tree species is what is there now and will be replanted.

White asked if the dots on the Exhibit are new trees, and not trees that are being retained. Elsing stated they are all new trees and none of the trees will be retained, but will replant the species that is there now.

Vogt asked if those are the trees and everything else is all shrubbery. Elsing stated there used to be more trees, but much of it is already eroded away.

White asked about the 8 foot retaining wall and being intrusive from the lake side and what type of screening will be done. Elsing stated they have no plans for screening the wall.

Roloff spoke of the ordinance allowing 25% of trees cut, but this request is for about 50% of the shoreline. White stated even more than 50% will be cut. Elsing stated he is trying to save as much as they can, but still address the erosion problem.

Roloff asked if the vegetation will remain as it is to the north. Elsing stated that area will be undisturbed.

White asked if he has a problem putting screening in front of the wall, on the flat area, that will make the wall look natural from the lake. Elsing stated he can put in some screening.

White asked where the house would be located when a house would be built. Elsing stated a house would be about 150 feet from the water.

Allen asked about the area where the retaining wall is if it is a dry area. Elsing stated it is not a wet area and the bottom of the grading area is about 2 feet above the water elevation.

Allen confirmed that all the erosion is coming from the upper side. Elsing stated that is correct.

Dennis Elsing, appearing in favor of the request, stated that he supports the proposal to prevent the erosion. He also gave a history of the property.

Vogt asked about the south lot has been cleared and there is a house there. Elsing stated that there is a house there and there are many trees there which conceal the house from the lake.

Vogt asked between where the flat spot will be located and where you will put a house, if there are a lot of trees in-between there. Elsing stated there are a lot of trees in there.

White asked how the plans compare to other properties, such as tall retaining walls, long retaining walls, large flat spots, etc. Elsing stated that all lots are vegetative.

White asked if his own lot has vegetation on it. Elsing stated that they maintain the vegetation, but do have an area of clear cut, as well as a retaining wall about 9 feet tall.

Matt Elsing, reappearing in favor, suggested that the concern on the retaining wall, as the neighbor also has a retaining wall and will not be uncommon for the area.

Seeing as no one else wished to speak, Chair Vogt closed the meeting at 10:05 a.m.

Vogt stated he felt there are a good set of plans that provides the Board with a better picture of what is happening and feels that his only concern is how much of the vegetation along the shoreline will be taken out, but any house that will be built will be far enough away from it.

White feels the more of the natural brush and green look that is removed the more intrusive something looks.

Motion by Vogt, seconded by White, to approve the special exception permit for the filling and grading and tree cutting, along with the conditions provided by Planning & Zoning. Motion carried 4-0.

C. Mike Pings (SP-20-10) requesting a special exception permit to authorize the construction of two ponds within 110 feet of a property line and filling and grading within 300 feet of a navigable water.

Dave Lorenz, Environmental and Zoning Specialist, appeared and provided the history and background of the request as well as photos and a video of site. He then provided recommendations by staff if the request is approved.

The Board asked for clarification of the location of the ponds and the location of navigable water way.

White asked if a permit was applied for for the 2nd permit and that is how the first was found. Lorenz stated he is not sure, but the area was inspected by staff and DNR, and permit questions were raised for a 3rd pond.

Mike Pings, Agent, appearing in favor, stated that the first pond was constructed late last summer and had a guy come up with a backhoe and took down buildings and just had him dig out the pond while he was there. He also spoke of the ground being tillable ground, however, it is very wet and making a mess in the field, so they felt that a couple shallow water scrapes would fit the area and would benefit the nature. He feels everything can come into compliance with the ordinance.

Vogt confirmed he has been working with Department staff and the DNR. Pings stated he has been speaking to both parties and can conform to the State requirements.

White asked what was done with the spoil of the first pond. Pings stated they did leave the spoil on the current property which is wetlands and understands it has to go.

Vogt asked about the adjacent cornfield and if it is considered wetlands. Pings stated that the soil that needs to be removed from the wetlands will be used for a 3rd pond where an earth dam will be built and would like to the tie the two shallow ponds in with the 3rd pond.

Vogt asked how deep the spoil material is. Pings stated it is black dirt/black clay.

Roloff asked if these are groundwater scrapes and there is no outlet. Pings stated they are groundwater scrapes and there is a depression on both ends, and it was a drainage way. He also spoke of winter damage to nearby culverts.

Roloff confirmed there is an outlet to these scrapes. Pings stated there is and feels it runs to the north, not to the nearby creek.

Vogt, referring to Exhibit II,7, reviewed the buildings located onsite and the water drainage to the north/northwest. Pings confirmed.

They continued to discuss areas are that are farmed on the property.

Sue Prosser, appearing in opposition of the request, provided Exhibit VIII, 1 and 2, a plat map showing the location of the properties and a map from the FSA Office showing both properties. She stated that she feels that her agricultural land would be affected and how it drains. She wants to be able to continue to farm the fields and not be adversely affected by the water from the ponds and such. She also spoke of trouble with trespassing in the area and feels that the Board considers the other properties affected.

Roloff asked if she is concerned about adding water to the property or taking water from the property. Prosser stated she is concerned that the ponding will back up the entire marsh ground where it won’t have the drainage.

Roloff confirmed that it is the ponds close to her property line and not the 3rd pond. Prosser stated the 3rd pond is not a problem as it is on the other end of the property, but the first two ponds are located within 50 feet of her property line.

Vogt asked if her pond has an outlet and if it runs into the creek. Prosser stated that is correct and also spoke of a spring.

Vogt asked which way her own ponds drains. Prosser stated it drains to the west to the small tributary. She also stated she is not a farmer that is not environmentally friendly and has her ground contoured and has it all into hay because of deer and turkey damage.

Mike Pings, reappearing in favor, stated that all the drainage off of the Prosser property runs through their property and will not back up water to her property and feels they are good neighbors and the shallow scrape will help drain her property better.

Vogt asked that the pond that is proposed next to her property will not have an outlet. Pings stated that is correct and they are merely just making a depression.

Roloff suggested a topographical map would have been helpful to the Board.

Roloff asked for Steve Sorenson.

Steve Sorenson, appearing as interest may appear.

Roloff asked about a site visit with the DNR and wonders if there is any drainage to the 2 scrapes. Sorenson stated that there is a large wetland complex to the north and on the applicants property its hard to identify where the drainage is. He stated there is no moving water in the areas of the ponds and is a low spot and feels that once they are scraped off the water will naturally run to them.

Roloff asked there will be no runoff going to the neighbors. Sorenson stated he feels the water will run to the ponds.

Vogt, referring to Exhibit VIII,2, and the line of trees. Sorenson stated that is the stream that DNR has deemed navigable and has classified it as a trout stream. Any other would be considered a water way, but not navigable.

Vogt asked how far the creek goes south. Sorenson stated that Seeley Creek is north and it all flows to Seeley Creek.

Allen asked if the scrapes are designed by someone. Sorenson stated that Land Conservation typically designs these for farmers, but he doesn’t feel any design by them is being done, and the first pond was done without permits.

Allen asked if the first pond meets the criteria. Sorenson stated it meets the criteria however the fill that was placed in the wetlands needs to be removed.

Seeing as no one else wished to speak, Chair Vogt closed the meeting at 10:45 a.m.

Vogt stated that the ponds need a DNR permit and the County has provided recommendations for the permit, but the question is whether this will affect the adjacent property owner to the East and is unsure how that is possible.

Roloff stated that without the topographical map it’s hard to make a call on this and is concerned with the neighbors concerns. He also feels with the testimony of Steve Sorenson he doesn’t feel it will adversely affect the Prossers property.

The Board continued to discuss the potential of affecting the Prossers property.

Motion by Vogt, seconded by Roloff , to approve the special exception permit for two ponds located within 110 feet from a property line and filling and grading within 300 feet of a navigable water and with the conditions recommended by Planning and Zoning. Motion carried 4-0

Motion by Allen, seconded by White to adjourn.

Respectfully submitted: Robert Roloff