Board of Adjustment

September 24, 2020 Board of Adjustment meeting minutes (132 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
September 24, 2020  Session of the Board

PRESENT: Linda White, Chair
Brian Peper
Jim Mercier
Jamie Phephles
ABSENT: David Allen

OTHERS PRESENT: B. Simmert, G. Greve, G. Templin-Steward, B. Cunningham, Others:  See registration slips.

 
At 9:02 a.m., Chair White called to order the session of the Sauk County Board of Adjustment. The Chair introduced the members of the Board, explained the procedures and the order of business for the day. Staff certified that the legally required notices were posted for the scheduled public hearing.  The certification of notice was accepted on a motion by Mercier, seconded by Phephles.  Motion carried, 4-0.

Motion by Mercier, seconded by Phephles to adopt the agenda.  Motion carried, 4-0.

Motion by White, seconded by Mercier to adopt minutes from the August 27 meeting.  Motion passed, 4-0.

Communications: None

APPEALS:
A.  SP-08-20  Granting of a variance pursuant to s. 7.064(4) to remove the requirement for a vegetative buffer on a kennel operation proposed by Brenda and Dustan Thompson. This property is located on real estate described as the NW ¼, of the SE ¼ and the SW ¼ of the SE ¼  of Section 9, T9N, R3E, and including CSM 2763, Lot 1, Town of Bear Creek. Tax parcel identification number 004-0152-10000 and 004-0155-00000, owned by Dustan and Brenda Thompson.

Templin-Steward presented the staff report, exhibits and videos of the property.

B. Thompson, applicant, appeared and described the kennel operation as one raising small dogs for customers to purchase.  They are kept mostly in the house and let outside to play behind the house. 

As no one else wished to speak, the public hearing portion closed at 9:23. 
 
Motion by Mercier, seconded by Peper, to grant a variance removing the requirement of a vegetative buffer, conditional on approval by the Town of Bear Creek. Motion passed, 4-0. 

B.  SP-09-2020. Granting of a special exception permit pursuant to s. 7.036(5)(h) to authorize the operation of a lodging house. This property is located in a resource conservancy zoning district, on real estate described as: S5680 Neuman Rd, part of the SW ¼, SE ¼, section 9, T11N, R7E, Town of Greenfield, and as further described in Petition 09-2020.  Current tax parcel identification number 018-0318-00000 and owned by Sally Frings.

Cunningham presented the staff report, exhibits and video. Applicants have worked with neighbors to address the issue of feeding neighbors’ horses.  The Town of Greenfield has not given approval until the issue is resolved regarding horses on the neighboring property. Cunningham read the conditions for approval.

D. Lenzendorf, applicant, appeared. He explained that he believes the horse issue has now been resolved.  The neighbors have horses that can reach the fenceline between properties and they don’t want people to feed or bother them.  They want to be sure there’s enough of a barrier to deter a child from getting to the horses. The plan is to grow vegetation along the neighboring property and erect wire fencing. Applicant has also installed motion sensor lights and signs to deter people from entering that area of the property.  The Town of Greenfield Planning Commission will meet again on October 6 and is likely to approve the plan now that the neighbors have reached a solution.  

S. Frings, applicant, appeared in favor, stating another lodging house is located approximately 500 yards away from her property.

As no one else wished to appear, the public hearing portion of the appeal closed at 10:01.
White stated the applicants need to create a list of emergency contacts, located within 15 minutes of the property, who would be available to call in case of problems that arise at the house when the owners aren’t there.

Motion by Phephles, seconded by Peper to approve a special exception permit for the lodging house with conditions as presented and that the Town of Greenfield approves it and that the house rules state there will be no noise after 10 p.m.  Motion carried, 4-0.

C.  SP-10-2020.  Granting of a variance pursuant to s. 7.098(2) reconstruct a new home/shed within the highway setback to County Rd C, proposed by Stephanie Cummings. This property is located on real estate described as the W ½, of the SE ¼ of Section 8, T9N, R5E, currently described as Black Hawk Assessor’s Plat, Lot 47 (new CSM proposed), Town of Troy. Current tax parcel identification number 036-0628-00000 and owned by Stephanie Cummings.

Templin-Steward presented the staff report and videos. She stated the Town of Troy has approved the request. 

S. Cummings, applicant, appeared and explained the plan to raze the old buildings and build a new home in order to care for her mother-in-law. The septic system would be in the way if she didn’t create a new CSM.  She submitted Exhibit I, signatures of support from 36 neighbors in favor of the variance.

R.Hillebrand, co-applicant, appeared and stated he would like to remove the eyesore and build nice building.

The public hearing portion of the appeal ended at 10:27. 

 
Committee discussed. Motion by White to approve the variance with the change that the setback be 25 feet from the right-of-way.  Peper seconded. Motion passed 3-1 (Mercier).  
Motion by White/Phephles to re-open the public hearing on the matter. Motion passed, 4-0.
Cummings reappeared and showed photos of a nearby pole shed and the Town Hall with the same setback as the request. 

The public hearing closed again at 10:35. 

Previous motion to approve the variance with the 25-foot setback was withdrawn. 
Motion by Peper, seconded by Mercier, to approve the variance as originally presented.  
Motion passed, 4-0. 
 
D.    SP-11-2020.  Granting of a Special Exception Permit pursuant to s. 7.038(1)(i) of the Sauk County Zoning Ordinance to authorize the continued operation of a non-metallic mining site, one acre or greater and a Non-Metallic Mining Reclamation Permit pursuant to s. 24.05 of the Sauk County Non-Metallic Mining Reclamation Ordinance, proposed by Yahara Materials. A combined hearing on the special exception permit and reclamation plan will be held.  The non-metallic mining operation is located in an Agriculture Zoning district, described as:  Part of the NW ¼ of the NW ¼, NE¼ of the NW ¼ and the SE¼ of the NW¼ of Section 22, Township 5 North, and Range 3 East, including parcels016-0461-00000, 016-0462-00000, 016-0464-00000 and 016-0466-00000, Town of Freedom, Sauk County, WI.

Templin-Steward presented the staff report and video. 

R. Loger, applicant representing Yahara Materials, appeared and explained that Yahara Materials was contacted by the landowner in spring to operate the quarry.  Yahara is working with the LRE office to comply with conditions.  The quarry has been in operation for many years, previously under operation by the Kraemer Company. The Town of Freedom approves and Yahara is just, waiting for the stormwater management to be complete.  

J. Lentz, representing Mid-Continent Railway, appeared out of concern that stormwater protection be considered as part of application process in order to protect the railroad tracks.  Kraemer had done a good job of addressing stormwater quality and MCRM would like that to continue with Yahara. 

The public hearing portion of the appeal closed at 11:06 a.m. and reopened at 11:08, following a question from the Board about times blasting would occur.

Loger reappeared to say blasting would only occur Monday-Friday, 8 a.m. to 4 p.m. and usually only occurs 3-6 times per year. Drilling occurs between 6 a.m. and 6 p.m.  Hours of operation are described in their operational plan. 

The public hearing portion closed at 11:10 a.m.

Motion by White, seconded byPeper to approve the continued operation with conditions as presented. Motion passed, 4-0.

E.  SP-12-2020.  Granting of variance(s) pursuant to s. 7.098(2) and s. 8.011(2) to allow a deck/stairs, as built, within the road right of way setback to Hilton Drive and the OHWM of Wilson Creek, proposed by Kyle Jorgenson. This structure is located on real estate described as the NW ¼ of the NE ¼ of Section 2, T8N, R4E, Town of Troy. Current tax parcel identification number 036-0016-20000 and owned by Kyle Jorgenson and Michelle Anderson.

Templin presented the staff report and additional Exhibits H-L. 

K. Jorgenson, applicant appeared and stated he uses the building for storage of equipment and camping supplies. He built the deck and stairs after expanding the old hayloft door for better access to the second-floor storage. He does camp on the property and will obtain permits in the future, in order to do so.

The public hearing portion closed at 11:35 a.m. 

Motion by Mercier, seconded by White to deny the variance, with a compliance deadline of Dec. 31, 2020, to remove the deck and stairs from the existing structure. Motion passed, 4-0. 

The next meeting date is Thursday, October 29, 2020.

Motion to adjourn by Mercier, seconded by White. Motion passed, 4-0.  Meeting adjourned at 11:54 a.m.

Respectfully submitted,

David Allen