Board of Adjustment *Amended

BOA 6/30/2022 Minutes (77 KB)

SAUK COUNTY BOARD OF ADJUSTMENT
Thursday, June 30, 2022 

PRESENT:                  David Allen

                                    Robin Meier

                                    Jamie Phephles          

                                    Jim Boda

ABSENT:                    None                                                              

OTHERS PRESENT:  L. Wilson, L. Digmann, G. Templin-Steward, T. Hillmann, B. Simmert

At 9:01 a.m., Secretary Allen called to order the session of the Sauk County Board of Adjustment and introduced the members of the Board, explained the procedures and order of business for the day. Digmann certified that the legally required notices were posted for the scheduled public hearings.  Motion by Allen, second by Boda to accept the certification for the public hearings. Motion passed 4-0.

Motion by Meier, second by Phephles to adopt the amended agenda.  Motion carried, 4-0.

Motion by Meier, second by Phephles to adopt the minutes from the May 26, 2022 meeting.  Motion carried, 4-0.

Communications:  None.

Board of Adjustment training: Statewide Webinar/Center for Land Use Education, July 18, 2022

6-7:30 p.m.

Templin-Steward explained the The Board Adjustment training provided by the Center for Land Use Education, College of Natural Resources, University of Wisconsin, Steven Point.  Templin-Steward stated she could forward the webinar information to each of the board members.

APPEALS:

SP-11-22.   A request for 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, filed by Yahara Materials on behalf of Elsing Farms LLC.  The property is located on real estate described as: part of the NE¼ of the SE¼, part of the SE¼ of the SE¼ and part of the NW¼ of the SW¼, of Section 8 and 9, Township 9 North, Range 6 East, including parcels 028-0194-00000, 028-0197-00000 and 0280217-00000 (haul road access only), Town of Prairie du Sac, Sauk County, WI.

Templin-Steward appeared and provided the staff report and analysis of the request.

Robin Loger, applicant appeared in favor of the request.

Seeing as no one else wished to appear, Secretary Allen closed the public portion of the appeal and the Board went into deliberation at 9:17 a.m.

Motion by Phephles, second by Meier to approve the Special Exception Permit to authorize the continue operation of a non-metallic mining site, one acre or greater and a Non-Metallic Mining Reclamation, filed by Yahara Materials on behalf of Elsing Farms LLC with the recommended conditions. Motion carried, 4-0.

Petition 12-2022. A petition to consider a variance request pursuant to s. 8.011 and s. 8.016 of the Sauk Count Zoning Ordinance, for the modification to the location and size of legal non-conforming retaining walls within the minimum shoreland setback. The variance request is associated with land described as part of the NW ¼ of the NE ¼ of Section 09, Township 10 North, Range 07 East, tax parcel 026-0878-00000, Town of Merrimac, Sauk County, WI, owned by Adam and Lynn Blonsky.

Hillman appeared and provided the staff report and analysis of the request.

Meier asked if the surrounding properties are similar as far as the topography and slopes to the lake. Hillmann explained.  Phephles asked if the application is not for replacing in the current structure in its current footprint. Hillmann verified the application is to modify the existing structures.

Steven Swenson, Landscape Architect for the Bruce Company, representing the applicant. Swenson explained that Hillman explained they needed a variance for each wall because these are existing structures in the setback and if they have to be replaced, they cannot go any closer to lake than it already is.  Swenson stated they had a professional survey done and provided Exhibit G which showed the existing walls and stairs vs. the proposed walls and stairs, not being proposed any closer to the body of water.  Hillmann made them aware with the changes in the wall that it would be adding impervious surfaces to the site and would require mitigation. Swenson stated they involved Quam Engineering to come up with mitigations solution, which was a rock trench that meets the requirements which does not discharge right into the lake, offsets the additional impervious surface, so it becomes a net 0. Swenson states the hardship is the public safety of the walkability of the steps, the current walls are failing, soil loss that is going into the lake.  The proposal is to remove all existing structures with a natural stone walls and eliminate the erosion.

Phephles asked what the problem would be if the walls were not connected. Swenson stated there would be gaps and there would be erosion between the walls.

Adam Blonsky, applicant, appearing and requested to replace what is there.  Blonskey proposed to connect two walls to prevent erosion since there is a 4 or 5 ft drop in elevation in that area and replace the existing stairs due to safety issues.   

Lynne Blonsky, applicant, appearing in favor of the request.

Swenson reappeared, providing an exhibit showing larger photos of the site.

Meier asked Hillmann if it is an option to allow some of these wood walls to be replaced with stone walls or is it an all or nothing. Templin-Steward came forward and explained.    

See as no one else wished to appear, Secretary Allen closed the public portion of the appeal and the Board went into deliberation at 9:46 a.m.

Motion by Phephles, second by Meier to deny the variance request for modification to the location and size of retaining walls within the shoreline setback due to lack of proving unique property limitations and hardships existing on the property.  Motion carried 4-0.

Next meeting date – Thursday, July 28, 2022

Motion by Meier, seconded Boda to adjourn at 9:52 a.m.  Motion passed, 4-0.

Respectfully submitted,

David Allen Secretary