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Board of Adjustment
Calendar Date:
Meeting Information
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SAUK COUNTY BOARD OF ADJUSTMENT
MEETING NOTICE/AGENDA
DATE: Thursday, May 25, 2023
TIME: 9:00 a.m.
PLACE: County Board Room/Gallery
West Square Building
505 Broadway, Baraboo, WI
A quorum may be present consisting of members of the Aging & Disability Resource Center and Veterans Service Office Committee; Board of Health; Economic Development Committee; Executive & Legislative Committee; Extension Education, Arts & Culture Committee; Finance Committee; Health Care Center Board of Trustees; Highway Committee; Human Services Board; Land Resources and Environment Committee; Law Enforcement & Judiciary Committee; Personnel & Insurance Committee, and Property Committee. No governing body will exercise any responsibilities, authority, or duties except for the Board of Adjustment. It is possible that a quorum of County Board members will be at this meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the County Board pursuant to State ex re Badke v. Greendale Village Board, Wis 2d 553, 494 n.w.2d 408 (1993), and must be noticed as such, although the County Board will not take any formal actions at this meeting. It is also possible that there may be quorums of other County Board Committees present, although those committees will not take any formal action at this meeting.
REASON FOR MEETING: REGULAR
SUBJECTS FOR DISCUSSION:
1. Call to order and certify compliance with open meetings law.
2. Adopt agenda
3. Adopt minutes of previous meeting – April 27, 2023
4. Communications
5. APPEALS:
- SP 08-23. Granting renewal of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S5761 Coleman Rd, located in part of Section 14, T11N, R6E, Town of Baraboo, as further described in Petition 08-2023. Tax parcel 002-1307-10700, owned by Vladimir Skurla.
- SP 09-23. Granting renewal of a special exception permit pursuant to s. 7.036(5)(i) to authorize the operation of a lodging house. This property is located on real estate described as: E3957 Prouty Road, located in part of the SW ¼, NE ¼, Section 03, T10N, R3E, Town of Bear Creek, as further described in Petition 09-2023. Tax parcel 004-0412-00000, owned by Shelly Anders and Patsy McClusky.
- SP 10-23. Granting of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S5775 Coleman Rd, located in part of Section 14, T11N, R6E, Town of Baraboo, as further described in Petition 10-2023. Tax parcel 002-1307-10900, owned by Vladimir Skurla.
- SP 11-23. Granting of a special exception permit pursuant to s. 7.036(5)(i) to authorize the operation of a lodging house. This property is located on real estate described as: S895 Meffert Road, located in part of the SE ¼, SE ¼, Section 12, T13N, R2E, Town of Woodland, as further described in Petition 11-2023. Tax parcel 044-0272-00000, owned by Jonathon and Katie Woolever.
- VAR 12-23. Granting a variance pursuant to s. 7.144(3) / 7.043 of the Sauk County Zoning Ordinance, to vary the vegetative screening requirement for mobile tower/service facilities. The property is located on real estate described as: E11758 County Rd DL, located in part of the W ½ of the SW ¼ Section 12, T11N, R6E, Town of Baraboo, as further described in Petition 12-2023. Tax parcel 002-0348-20000, owned by Louise Crisman.
6. Discussion and possible action on decision on petition 07-23, Jason and Kendra Schluter appeal. This appeal pertains to the interpretation of Sauk County Code s. 8.016(3) and (8). The appeal is associated with land described as Lot 1, Weigand’s Bay Assessor’s Plat, including tax parcel 026-1127-00000, Town of Merrimac, Sauk County, WI, and owned by Jason and Kendra Schluter. The Board may adjourn into closed session pursuant to Wis. Stat. s. 19.85(1)(a) to deliberate concerning this matter, which was the subject of a judicial or quasi-judicial trial or hearing before the Board. Upon adjournment of the closed session, the Board will reconvene into open session and may make a decision on this matter and continue its meeting agenda.
7. Next meeting date – Thursday, June 29, 2023
8. Adjournment
COPIES TO:
Board of Adjustment Members Applicants County Clerk LRE Staff Town Clerk/Chair Web
DATE NOTICE MAILED: Thursday, May 18, 2023 PREPARED BY: Land Resources & Environment Department
NOTE: Any person who has a qualifying disability that requires the meeting or materials at the meeting to be in an accessible location or format should contact Sauk County (608-355-3269 or TTY 608-355-3490) between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday, exclusive of legal holidays, and at least 48 hours in advance of the meeting so that reasonable arrangements can be made to accommodate each request.
SAUK COUNTY BOARD OF ADJUSTMENT
Thursday, May 25, 2023
County Board Room/Gallery
West Square Building
PRESENT: R. Meier, D. Allen, J. Evert, J. Phephles (9:02)
ABSENT: R. Klitzke
OTHERS PRESENT: L. Wilson, B. Simmert, R. Meyer, W. Christensen, T. Hillmann, M. Krautkramer, V. Skurla, J. Woolever, S. Hemsted, L. Crisman, J. Schluter, L. Konopacki
Call to order and certify compliance with open meetings law
At 9:00 a.m. Chair R. Meier called the meeting to order and introduced the members of the Board, explained the procedures and order of business for the day. LRE Staff certified that the legally required notices were posted for the scheduled public hearings
Adopt agenda
Motion by Allen / Evert to adopt the May 25, 2023, Agenda. Motion carried, unanimously.
Adopt minutes of previous meeting – April 27, 2023
Motion by Phephles / Allen to adopt the minutes from the April 27, 2023, BOA meeting. Motion carried, unanimously.
Communications
No communications were reported.
APPEALS:
Chair Meier announced the process for the public hearing portion. Public hearing called to order at 9:04 a.m.
R. Meyer read the public hearing notice for SP 08-2023.
SP 08-2023. Granting renewal of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S5761 Coleman Rd, located in part of Section 14, T11N, R6E, Town of Baraboo, as further described in Petition 08-2023. Tax parcel 002-1307-10700, owned by Vladimir Skurla.
T. Hillmann was sworn in and presented the staff report, background, and history. T. Hillmann noted that the Town of Baraboo Plan Commission and Town Board recommended approval of the special exception permit without any further input. Sauk County LRE recommended approval of the special exception permit with the additional conditions mentioned.
Applicant, Dmitri Kostiuk, was sworn in and provided information regarding the request to authorize the operation of a lodging house at S5761 Coleman Rd.
Randy Puttkamer, Town of Baraboo supervisor and Plan Commission member, spoke in favor of approval of the renewal of a special exception permit to authorize the operation of a lodging house located at S5761 Coleman Rd.
No public comment in opposition or interested party.
Seeing no one else wished to speak, Chair R. Meier closed the public hearing for this appeal and the Board went into deliberation at 9:10 a.m.
Motion by Allen / Phephles to approve SP 08-2023 granting a special exception permit to authorize the operation of a lodging house based upon the findings of fact and conclusion of law; with modification to recommended conditions as noted within the staff report. Motion carried, unanimously.
Motion by Evert / Phephles motion to table item SP 09-2023 until the applicant arrives.
R. Meyer read the public hearing notice for SP 10-2023.
SP 10-2023. Granting of a special exception permit pursuant to s. 7.036(5)(a) to authorize the operation of a lodging house. This property is located on real estate described as: S5775 Coleman Rd, located in part of Section 14, T11N, R6E, Town of Baraboo, as further described in Petition 10-2023. Tax parcel 002-1307-10900, owned by Vladimir Skurla.
T. Hillmann was sworn in and presented the staff report, background, and history. T. Hillmann noted that the Town of Baraboo Plan Commission and Town Board recommended approval of the special exception permit without any further input. Sauk County LRE recommended approval of the special exception permit with the additional conditions mentioned.
Applicant, Dmitri Kostiuk, was sworn in and provided information regarding the request to authorize the operation of a lodging house at S5775 Coleman Rd.
Randy Puttkamer, Town of Baraboo supervisor and Plan Commission member, spoke in favor of approval of the renewal of a special exception permit to authorize the operation of a lodging house located at S5775 Coleman Rd.
No public comment in opposition or interested party.
Seeing no one else wished to speak, Chair R. Meier closed the public hearing for this appeal and the Board went into deliberation at 9:24 a.m.
Motion by Phephles / Evert to approve SP 10-2023 granting a special exception permit to authorize the operation of a lodging house based upon the findings of fact and conclusion of law; with modification to recommended conditions as noted within the staff report. Motion carried, unanimously.
R. Meyer read the public hearing notice for SP 11-2023.
SP 11-2023. Granting of a special exception permit pursuant to s. 7.036(5)(i) to authorize the operation of a lodging house. This property is located on real estate described as: S895 Meffert Road, located in part of the SE ¼, SE ¼, Section 12, T13N, R2E, Town of Woodland, as further described in Petition 11-2023. Tax parcel 044-0272-00000, owned by Jonathon and Katie Woolever.
W. Christensen was sworn in and presented the staff report, background, and history. W. Christensen noted that the Town of Woodland Town Board recommended approval of the special exception permit without any further input. Sauk County LRE recommended approval of the special exception permit with the additional conditions mentioned.
Applicant, Jonathon Woolever, was sworn in and provided information regarding the request to authorize the operation of a lodging house at S895 Meffert Rd.
No public comment in favor, opposition or interested party.
Seeing no one else wished to speak, Chair R. Meier closed the public hearing for this appeal and the Board went into deliberation at 9:33 a.m.
Motion by Phephles / Evert to approve SP 11-2023 granting a special exception permit to authorize the operation of a lodging house based upon the findings of fact and conclusion of law; with modification to recommended conditions as noted within the staff report. Motion carried, unanimously.
R. Meyer read the public hearing notice for SP 12-2023.
SP 12-2023. Granting a variance pursuant to s. 7.144(3) / 7.043 of the Sauk County Zoning Ordinance, to vary the vegetative screening requirement for mobile tower/service facilities. The property is located on real estate described as: E11758 County Rd DL, located in part of the W ½ of the SW ¼ Section 12, T11N, R6E, Town of Baraboo, as further described in Petition 12-2023. Tax parcel 002-0348-20000, owned by Louise Crisman.
B. Simmert was sworn in and presented the staff report, background, and history. B. Simmert noted that the Town of Baraboo Town Board preferred maintaining two rows of staggered vegetative screening around the entire perimeter (as per Sauk County ordinances) but was willing to allow for a variance to reduce the distance, both between rows and between trees, to up to half of the distance specified by county ordinances.
US Cellular representative, Shaun Hemsted, was sworn in and provided information regarding the request of a variance of the Sauk County Zoning Ordinance to vary the vegetative screening requirement for mobile tower / service facilities at E11758 County Rd DL. Exhibit I was submitted to the board.
Applicant, Louise Crisman, was sworn in and provided information regarding the request of a variance.
B. Simmert spoke regarding consideration of the proposal of the variance.
R. Puttkamer, Town of Baraboo supervisor, spoke regarding the variance as a precedence being set for future vegetative screenings being removed.
No public comment in opposition or interested party.
Seeing no one else wished to speak, Chair R. Meier closed the public hearing for this appeal and the Board went into deliberation at 10:14 a.m.
Motion by Evert / Meier to deny SP 12-2023 granting a variance of the Sauk County Zoning Ordinance to vary the vegetative screening requirement for mobile tower / service facilities based upon the findings of fact and conclusion of law. Motion carried, unanimously. 3 in favor of denial – 1 in favor of approval.
Motion by Evert / Allen to remove SP 09-2023 from the table and postpone SP 09-2023 to July 27, 2023
Discussion and possible action on decision on petition 07-23, Jason and Kendra Schluter appeal. This appeal pertains to the interpretation of Sauk County Code s. 8.016(3) and (8). The appeal is associated with land described as Lot 1, Weigand’s Bay Assessor’s Plat, including tax parcel 026-1127-00000, Town of Merrimac, Sauk County, WI, and owned by Jason and Kendra Schluter. The Board may adjourn into closed session pursuant to Wis. Stat. s. 19.85(1)(a) to deliberate concerning this matter, which was the subject of a judicial or quasi-judicial trial or hearing before the Board. Upon adjournment of the closed session, the Board will reconvene into open session and may make a decision on this matter and continue its meeting agenda.
Motion by Phephles / Evert to go into closed session to discuss the decision letter. Roll Call Vote: David – Yay, Jamie – Yay, Jennifer – Yay, Robin – Yay. Motion carried unanimously.
Motion by Evert / Allen to return to open session at 10:47am. Roll Call Vote: David – Yay, Jamie – Yay, Jennifer – Yay, Robin – Yay. Motion carried unanimously.
Motion by Evert / Phephles to approve the decision letter. Motion carried unanimously.
Next meeting date – Thursday, July 27, 2023
Adjournment – R. Meier called for a motion to adjourn. Motion by Allen / Phephles to adjourn the meeting at 10:51 a.m. Motion carried, unanimously.
Respectfully submitted,
Jennifer Evert, Secretary