Sauk County Board of Adjustment

SAUK COUNTY BOARD OF ADJUSTMENT

                                                 April 28, 2016 Session of the Board

 

PRESENT:                  Linda White, Chair
Dan Kettner, Vice Chair

David Allen
Henry Netzinger

Nick Ladas
 

ABSENT:                    None.

 

STAFF PRESENT:     Dave Lorenz  

                                    Gina Templin
                                   

 

OTHERS PRESENT:  See Registration slips

 

Chair White called the session of the Sauk County Board of Adjustment (BOA) to order at approximately 9:00 A.M.  The Acting 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.  The certification of notice was accepted on a motion by Allen, seconded by Kettner .  Motion carried, 5-0.

 

The Board adopted the agenda for the April 28, 2016 session of the Board on a motion by Netzinger, seconded by Ladas.  Motion carried, 5-0.

 

The Board adopted the minutes from the March 26, 2016 Board of Adjustment meeting on a motion by Kettner, seconded by Allen.  Motion carried 4-0, with White abstaining.

 

COMMUNICATIONS: 
None.

 

APPEALS:

 

A.        Mariana Turlakova (SP-06-16) requesting a special exception permit to authorize the operation of a proposed lodging house in the Town of Baraboo.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site and verification that the Town of Baraboo recommending approval of the special exception permit.  He then recommended conditions to be placed on the appeal if the request were approved.

 

White asked about any calls or concerns about any of the other lodging houses in the area that have been permitted.  Lorenz stated there have been none that he is aware of.

 

Tom Kuester, applicant, appearing in favor of the request stated that he is representing the owner.

 

White asked about the rental agreement and cabin rules being different about the guest accounts.  Kuester stated there are 4 bedrooms so it would be for 8-10 guests.  White verified that the rates would be for a maximum of 10 guests.  Kuester stated that is correct.

 

Kettner asked about the restrictions of campers and tents.  Kuester stated people stay in the houses and do not stay outside.  Kettner stated he didn’t see that in the cabin rules.

 

Ladas mentioned that it is listed in #3, Exhibit II,5.

 

White mentioned previous conditions of other lodging houses that were approved in that area.  White asked if all those conditions are acceptable to this applicant.  Kuester stated they would be acceptable.

 

White asked how many nights in the past year the lodging houses in the area have been rented out.  Kuester stated they have been rented roughly 60% but it would be mostly on the weekends and to mostly families and they have not had one issue.  Kuester stated he is the main guy out there and he has not had one issue.

 

Randy Puttkamer, representing the Town of Baraboo and Plan Commission, appearing in favor of the request, provided a brief  history of the area and the background behind allowing lodging homes in the area.

 

White asked if the Town put thought into if a leasing company comes in and tries to purchase the homes.  Puttkamer spoke of the covenants providing some type of protections.

 

White asked if there is any interest in other areas of the township.  Puttkamer stated they have not, as the area provides the most suitable use.

 

Kettner asked about the percentage of the development permitted as lodging homes.  Puttkamer believes this is the 5^th in the development.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 9:25 am. 

 

The Board discussed location, support from the Town, additional conditions and the length of the permit.

 

Motion by White, seconded by Netzinger, to approve the special exception permit to authorize the operation of a lodging house for 5 years, with the conditions from Conservation, Planning and Zoning, as well as the additional conditions from the previous lodging house (notice to the neighbors and office, contact information, 10 p.m. quite time, no tents, ).    Motion carried 5-0.

 

B.        Bill Hetzel (SP-07-16) requesting a variance and a special exception permit to authorize the repair and operation of a proposed lodging house in the Town of Bear Creek.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.    He then recommended conditions to be placed on the appeal if the request were approved.

 

White asked how far the nearest residence is.  Lorenz stated they are about ¼ mile in one direction and ½ mile in the other.

 

White asked about the use.  Lorenz stated it was previously used as an agricultural structure and not used for human habitation, as the Department has no record of permits for any cabin or residential use.

 

White asked about the sanitary.  Lorenz stated currently there is nothing for the sanitary and something would need to be installed.  White asked how that would be handled.  Lorenz explained and also said that questions would need to be asked of the applicant.  

 

White verified that this would also be a change of use.  Lorenz stated that was correct.

 

Ladas confirmed this structure used to be a hog house.  Lorenz stated that is correct.  Ladas asked if there is plumbing or electrical.  Lorenz stated that is correct.

 

Ladas asked if the applicant has provided any information how it will be converted to be used for human habitation.  Lorenz stated no plans have been provided.

 

White asked about what can be done for the waste water.  Lorenz explained.

 

Allen asked about permits.  Lorenz stated the Department does not have any, however, when it was built it may not have required them.

 

Kettner asked when it was started to be remodeled as a cabin.  Lorenz stated permits were not received to be remodeled and was brought to the Departments attention this past summer.

 

Ladas/Kettner confirmed the Town is aware of the application but has not responded.  Lorenz confirmed.

 

Bill Hetzel, appearing in favor of the request, stated he is applying for a variance, stated he was going to remodel for himself, but then decided to make it into a lodging house.  He confirmed it was an old hog house, but he contacted Bear Creek about working on the hog house.

 

White asked if there are bedrooms inside.  Hetzel stated there are. 

 

Hetzel provided exhibit VIII,1, a book of photos. 

 

White asked about an operational plan for the lodging house.  Hetzel stated he is located south of the property and would be interested in renting to people that appreciate nature, however, he did not supply an operational plan.

 

White asked how many neighbors are within a mile of each side.  Hetzel stated there are approximately 8-9 neighbors.

 

White stated this is not a complete application because this doesn’t have an operational plan or sanitary plans.

 

Hetzel stated it would have 2 bunks on each end of the building, heated with wood, 2 solar panels on the roof with batteries, no running water or power to it.

 

White asked what the zoning is.  Hetzel stated it is zoned Ag.

 

Kettner stated he is concerned about waste water used for cleaning or bathing and it still needs to go someplace and there is no plan for it.

 

White stated the hardship is to move the structure and feels it can be to grant it within the footprint that it was in.

 

Allen stated he believes it was already expanded.  Hetzel stated the back wall went off the foundation up to the peak and stated he raised the back wall to 8 feet and then up.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 9:50 am. 

 

White stated she feels there is not enough information in the application to move forward.

 

Motion by White, seconded by Kettner, to postpone the decision until next month until the applicant can come back to the board with information on an operational plan, septic/wastewater plan, notification plan.    Motion carried 5-0.

C.        Steven c. Lozeau (SP-08-16) requesting a variance from the side yard and road setbacks to authorize the location of a detached garage built by a previous owner located in the Town of Woodland.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site, a recommendation from the Dutch Hollow Property Owners Association and approval from the Town of Woodland.    He then recommended conditions to be placed on the appeal if the request were approved.

 

White verified that garage was built by previous owners.  Lorenz confirmed.

 

Kettner verified the plan was submitted that showed the setback would be met back in 1978.  Lorenz stated that was correct, however when it was built, it was not built in the location the plan showed.  Lorenz explained the procedure put into plan to prevent this.

 

Allen asked what prompted this appeal.  Lorenz explained a property owner in the area built in the setback and when he was caught he turned in all structures in the area that were built within the setback.

 

Ladas asked about the plot plan provided with the original permit.  Lorenz explained.

 

Kettner just asked about a structure being setback 10 feet on one side and 15 on the other.  Lorenz explained the ordinance in 1978.

 

White verified the location of the septic, the slopes and a large ditch.

 

Steve Lozeau, applicant, appearing in favor, explained his situation, the previous owners, the slopes, and the location of the garage.

 

White asked if there are any plans to modify or expand the building.  Lozeau stated there are not.

 

Kettner asked about the septic.  Lozeau explained.

 

Kettner asked additional questions about the septic system.

 

Netzinger asked about when the property was purchased.  Lozeau explained.

 

White stated this is an area variance.

 

Kettner asked if a variance is granted in this case, would this be setting precedence.  White stated you would have to look at each case individually and based on the 3 criteria and each has member has to decide.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 10:12 am.

 

White stated she feels this is a hardship due to oversite from the Department not following up on the permit, the current owner should not have to make good on 40 years of history.  She feels the unique property is the slopes and features of the lot and it would be destroyed if the garage would be moved.  She also feels public interest is met.

 

Ladas feels this property was brought through a realtor and should have been disclosed.  The property is unique based on the slopes and the garage cannot be moved due to the slopes and location of the septic and feels it does not affect public interest.

 

Kettner agrees with all comments previously stated and feels public interest is protected, but being too close to the road is a matter of public safety, but given the line of trees that exist between the road and the structure, does not feel that the garage poses any extra safety hazard.

 

Allen stated he agrees with all the comments previously stated and does not feel there is a danger having it that close to the road.  He also feels that 2 sales later that a property owner has to try to fix something that someone before him should have caught, someone is not doing their job.

 

Netzinger agreed with the previous comments and feels that when the new code was adopted felt that multiple zoning districts should have been adopted and the need for more checks and balance. 

 

Motion by Allen, seconded by Netzinger, to approve the variance, with the conditions recommended by Conservation, Planning and Zoning, with added condition that there can be no changes to the structure (height/width or length).   Motion carried 5-0.

D.        Mid Continent Railroad Museum (SP-09-16) requesting a special exception permit to authorize filling and grading during the expansion of the existing museum.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.    He then recommended conditions to be placed on the appeal if the request were approved.

 

Kettner asked if the proposed new structure is on higher ground than the existing.  Lorenz stated he believes it is on the same level due to new tracks going into it.

 

Kettner asked if the grounds were flooded during the 2008 flood.  Lorenz stated they did have significant damage.  Kettner asked if they would suffer similar fate if there was flood again.  Lorenz stated they would have to have their engineers work with our office on plans for the building to meet requirements, however, the board is not looking at the ordinance.

 

Ladas asked about the Town on their position.  Lorenz confirmed the Town has not provided any opinion.

 

Kerry Knutson, Westbrook Engineers, representing Mid Continent, appearing in favor of the request, stated he is available to answer any questions regarding the plans.  He stated they are working with the Department and the DNR on the floodplain issues.

 

White asked if the museum has arranged for funding.  Knutson stated the museum has an estate that was willed funding and spoke of the phases and referred to Jeff Blum, but a 2016 grading project would be Phase I, Phase II would be construction of the rail and the building.    Knutson confirmed they have funding to grade the site, install erosion control and seed the site until they can obtain funding for Phase II.

 

White asked if they gave 3 years to complete the project that would be adequate.  Knutson stated that would ok.

 

Ladas asked if he has heard from the Town of Freedom.  Knutson stated he attended the Town planning meeting and recommended approval to go to the Town Board.

 

Jeffrey Bloohm, appearing in favor of the request, stated he talked to the Town Chair and he didn’t feel it would be a problem, however, he doesn’t know if the Town officially took action.  He then provided a background of the museum, patron numbers, and staffing.  He also spoke of the flood and building locations.

 

White asked how many cars the building will hold.  Bloohm stated it depends on the shape/length of the cars and explained the possibly 12-16 depending on the cars.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 10:49 am. 

 

White spoke of giving at least 3 seasons to allow for all phases to complete which would give until December 2018 to complete.

 

Motion by White, seconded by Kettner, to approve the special exception permit to authorize filling and grading and grading during the expansion of the existing museum, with the conditions recommended by Conservation, Planning and Zoning, as well as the additional condition that this will expire in December 2018.    Motion carried 5-0.

E.         Pat Rehwinkel (SP-10-16) requesting a special exception permit to authorize the filling and grading on slopes of more than 20% during the construction and landscaping of a new residence in the Town of Merrimac.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.    He then recommended conditions to be placed on the appeal if the request were approved.

 

White asked about the permit before the construction before the house.  Lorenz stated this permit is for the final landscaping.   White asked what the house permit covers.  Lorenz explained.

 

White asked about the mound of excavation around the house.  Lorenz deferred to the applicant.

 

White asked if this includes the stairs or if they exist.  Lorenz stated the stairs are not existing.

 

Ladas asked if the plans were altered  after they were submitted.  Lorenz felt that they were told at the time they would need the filling and grading permit.

 

White stated it looks like they moved a lot more dirt away from the house than what they should have.  She did note they property have erosion control measures.  Lorenz stated it was properly installed.

 

Pat Rewrinkle, applicant, appearing in favor of the request, stated that Lorenz explained well.

 

White asked what the landscaping plans are.  Rewrinkle stated the final landscaping plans are not completed yet.

 

Kettner asked about the stairs.  Rewrinkle stated there will be wood steps going down and there will be fabricated steps out of aluminum.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 11:02 am. 

 

Kettner stated he feels things are being taken care of properly.

 

Motion by Kettner, seconded by Ladas, to approve the special exception permit to authorize filling and grading on slopes of more than 20% during the construction and landscaping of a new residence, with the conditions recommended by Conservation, Planning and Zoning.    Motion carried 5-0.

F.         Brian Dischler (SP-11-16) requesting a special exception permit to authorize filling and grading during the construction of retaining walls to stabilize and eroded shoreline on Lake Wisconsin in the Town of Sumpter.

 

Dave Lorenz, appeared and gave a brief history and background of the property, as well as reviewing photos and a video of the site.    He then recommended conditions to be placed on the appeal if the request were approved.

 

White asked about the erosion control shown in the photos.  Lorenz stated there was runoff into the lake.

 

Kettner asked about the dock shown in the video.  Lorenz stated the one he identified was the  neighbors.

 

White asked if there was space being made for a boathouse.  Lorenz deferred to the applicant.

 

Kettner asked whose boathouse was shown in the video.  Lorenz stated the boathouse identified in the video belonged to the applicant as he owns the adjacent lot.

 

White verified the lot in question is in fact unbuildable.  Lorenz confirmed.

 

White asked again if this is lining up to get another boathouse.  Lorenz stated you are only allowed 1 boathouse per lot.  White stated this is a separate lot.  Lorenz stated it is contiguous and owned by the same owner.

 

Brian Dischler, applicant, appearing in favor of the request, stated that they purchased this lot.

 

White asked what the long terms plans are for this lot.  Dischler stated they may build onto the house if there is space there.  He also spoke of the existing boathouse built on their lot.  Currently they are just trying to spruce up the looks and will match to what is next door.

 

White asked how close the house is to the lot line to this lot.  Dischler stated it is within about 4 feet.  He also stated if he combined the two lots, he would have a buildable lot.

 

White asked if the project will be commercially done.  Dischler stated he will.

 

Kettner asked him to describe what the plan is.  Dischler reviewed the plan for wash stone on the shoreline, a retaining wall of 1 foot block, tree removal.

 

Kettner verified the wall would be natural stone.  Dischler confirmed.

 

Kettner verified no work will be done on the lot the residence is located on, but outlot 12.  Dischler confirmed.

 

White asked how close the tree stump is to the lot line.  Dischler stated it is right in the corner.

 

Kettner asked about plantings.  Dischler stated he is looking to replace the tree with a new tree relocated on the other side of the lot.

 

Ladas asked about rock on the shoreline.  Dischler stated the DNR does not want that.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 11:25 am. 

 

Motion by Netzinger, seconded by White, to approve the special exception permit to authorize filling and grading during the construction of retaining walls to stabilize an eroded shoreline on Lake Wisconsin, with the recommended conditions from Conservation, Planning and Zoning.    Motion carried 5-0.

 

The Board requested that the applicant type their letters.

 

Motion to adjourn by Kettner, seconded by Netzinger.  Motion carried, 5-0.

 

Respectfully submitted,

 

 

Henry Netzinger, Secretary