Sauk County Board of Adjustment

SAUK COUNTY BOARD OF ADJUSTMENT

                                                  May 24, 2016 Session of the Board

 

PRESENT:                  Dan Kettner, Vice Chair

David Allen
Henry Netzinger

Nick Ladas
 

ABSENT:                    Linda White, Chair

 

STAFF PRESENT:     Brian Simmert

                                    Gina Templin
                                   

 

OTHERS PRESENT:  See Registration slips

 

Acting Kettner 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 Netzinger .  Motion carried, 4-0.

 

The Board adopted the amended agenda for the May 24, 2016 session of the Board on a motion by Netzinger, seconded by Allen.  Motion carried, 4-0.

 

The Board adopted the minutes from the April 28, 2016 Board of Adjustment meeting on a motion by Netzinger, seconded by Ladas.  Motion carried 4-0.

 

COMMUNICATIONS: 
None.

 

DISCUSSION AND POSSIBLE ACTION ON AN APPEAL POSTPONED AT A PREVIOUS HEARING.

 

Motion by Ladas, seconded by Allen to bring SP-07-16 back for discussion.  Motion carried, 4-0.

 

Motion by Ladas, seconded by Allen to reopen public hearing to hear from the Applicant.  Motion carried, 4-0.

 

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

 

Bill Hetzel, application, appearing in favor of the request, spoke of his privy plan, wastewater plan and the cabin rules.

 

Allen asked where he got the information for the size of the tank.  Hetzel stated he got that information from Steve Sorenson.  He stated Sorenson suggested welding 2 55 gallon drums together for a septic tank.

 

Kettner asked about scheduled inspections from Sorenson.  Hetzel suggested a 6 month trial inspection  and then up to a couple of years up before a permanent permit gets issued.

 

Allen asked where this is noted that this is on a trial bases and how often it is inspected.  Hetzel did not answer.

 

Brian Simmert, Conservation, Planning, and Zoning, appearing as interest may appear. 

 

Ladas asked about a building considered to be a lodging house suggested with a privy and all wastewater and everything else to be captured and placed in a tank to be pumped only once a year, is this considered proper when it is a lodging house.   Simmert stated he is not familiar with the case, but without looking at the permit, he considers 250 gallons to be on the low end, and recommends looking at the sanitary permit application to verify that number.     He did suggest if they are not able to locate the information, staff would revisit and make sure it is acceptable.  He referred to Exhibit II,16 which is part of a privy.

 

Kettner stated waste water from the structure could not be disposed of any other way than in the tank.  But he is not seeing an approval, but simply a drawing for the plan.    Simmert apologized as he is filling in for staff, and nothing was provided on the septic.

 

Netzinger stated the size of the tank does not concern him as long as it is being pumped when it needs to be pumped.

 

Kettner asked if they put in the language that the tank be pumped out as needed, would that take care of that issue. 

 

Netzinger stated he is having problems coming up with the variance issues.

 

Bill Hetzel, reappearing, stated he wants the permit so that he and his friends can stay the night in there and does not intend to rent it out that much.   He doesn’t feel he will get children or dogs and most likely no women and will most likely be hunters and such and doesn’t feel he will be able to charge very much.  He is mostly applying for a permit for to allow his friends to stay overnight.

 

Kettner spoke of the variance requirements that need to be met.

 

Hetzel spoke of the book of photos.

 

Kettner reviewed the hardship, unique characteristics and no harm to public interest and asked Hetzel to speak to those issues.  Hetzel stated he did not understand.

 

Kettner stated there are unique characteristics on the property.  Ladas spoke of the structure originally being a hog house and now going to a lodging house.

 

Hetzel stated the structure is on a foundation and there is a rock formation so the building cannot be moved.

 

Kettner stated it was zoned agriculture and it was used as agriculture and it is now looked at as being converted into a residence and can they grant that variance within the setback from the road.

 

Allen stated he doesn’t feel that the structure is a safety issue due to the bank located there.

 

Brian Simmert, reappearing, explained the zoning, which allows the use in the agricultural zoning.

 

Kettner asked if this was a personal use and not a lodging house would this be permitted if he allowed it other to use it, would he need the special exception permit.  Simmert stated he would need to research it, but explained the definition of the lodging house.

 

Marty Krueger, Chair of the Sauk County Board, appearing as interest may appear, stated there seems to be a number of questions on the case, the staff who worked the case, Steve Sorenson, who was referenced in the case, is not here, and there are several questions regarding this case.  With the amount of questions unanswered to this Board, would asked that this case be postponed with all these questioned identified and given to staff and himself so these questions can be answered.

 

Seeing as no one else wished to appearing, Vice Chair Kettner closed the public portion of the appeal at 9:42 a.m. and went into deliberation.

 

Ladas stated he felt they should postpone the appeal and write out all the questions that they have, as suggested by the County chair.

 

Kettner asked for further deliberations on whether to approve or deny and what would be a specific question that needs to be answered in order to proceed.

 

Ladas asked what is a lodging house and what is the criteria for a lodging house?  What is a variance and what are the criteria for a variance?   Can the structure be used as a residence only and not a lodging house?

 

Kettner stated he believes this is the definition of a lodging house based on the testimony giving by both the applicant and the staff.

 

Netzinger spoke of hardship and the variance requirements.   He also asked how this compares to all the other hunting shacks in the county and feels we need to postpone this until that is answered.  He feels at this time he couldn’t vote for the request.

 

Motion by Netzinger, seconded by Allen, to reopen the public hearing.

 

Hetzel reappearing, stated he went to the Bear Creek town hall and asked if they need a building permit and the Town told him no and didn’t know he needed a permit from the County.

 

Kettner asked if there is a problem with staying overnight. 

 

Brian Simmert, reappearing, explained that the use changed, which triggered the variance, and that decision needs to come first. 

Kettner asked if this structure was not walled in and was like an open park shelter and his friends used it for limited use could it be used.  Simmert explained the change of use that triggered the need for a variance.  Once you change the form and function.

 

Kettner is concerned with giving the applicant an opportunity to provide the right information.

 

Seeing as no one wished to appear, Vice Chair Kettner closed the public portion of the meeting at 10:05 a.m.

 

Motion to by Netzinger, seconded by Kettner to postpone the decision to June.  Motion carried, 4-0.

 

The Board recessed for 5 minutes.

 

APPEALS:

 

A.        Summer Oaks Condominium Association (SP-12-16) requesting a special exception permit to authorize filling and grading during the construction of sediment controls.

 

Brian Simmert, 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.

 

Pat Dixon, Dixon Shoreline, Agent, appearing in favor of the request, representing the Summer Oaks Condo Association, stated that they have a stormwater runoff issue that comes from the parking lot and downspouts and existing issues with draintile.  He spoke of temporary solution and a long term solution to handle the stormwater out of the draintile, with minimal land disturbance and immediate land coverage. 

 

Kettner asked if there is a limit to the slope dimensions to which this product will stand up and still do its job.  Dixon stated there doesn’t seem to be a limit at this time.  He referred to the photo in Exhibit II,12 and explained how that project was done.

 

Kettner asked if the site will require extra engineering or anchors or stacking.  Dixon stated there will not need extra reinforcement but simply hand shaping them 2-3 feet wide, creating channels and put a permanent erosion blanket down first and then lay the bags down on the existing earth and seed and mix and mulch. 

 

Kettner verified it will do more than just channel the water to the lake, but will also act as a holding pond/sediment pond temporarily.  Dixon stated that is correct, but doesn’t see any type of ponding, as he feels this will seep into the ground immediately, between the plants and fabric.

 

Kettner asked once the system is put into place, how long before the material is covered up.  Dixon stated it is a matter of timing and explained  how long it takes for the seed to germinate and the use of cover crops.

 

Kettner asked what the expected life of the system is before the materials begin to break down.  Dixon stated that the manufacturer of the product suggests up to 200 years, depending on direct sunlight.

 

Kettner asked about wooden railing and fencing replaced with other materials and if all of the areas, including under the stairs, would continue with erosion.    Dixon stated he will not be addressing erosion under the decks, as he has not been contracted to deal with that.

 

Kettner verified the entire erosion problem will be addressed.  Dixon stated that is correct.

 

Ladas asked about the project location in the request.  Dixon explained.

 

Allen asked who he has been working with in Planning and Zoning.  Dixon stated he was working with Steve Sorenson and also worked with Jeff Schure of the DNR.

 

Kettner asked when the condos were built.  Dixon guessed 35 years ago.

 

Dixon spoke of the requirements on the special permits on slopes greater than 20%.

 

Seeing as no one else wished to appear, Vice Chair Kettner closed the public portion of the meeting at approximately 11:00 am. 

 

Netzinger stated he appears this will help with the erosion issues.

 

Kettner stated he would like to see the entire slope managed, but feels that what they are applying for is a step in the right direction.

 

Motion by Netzinger, seconded by Allen , to approve the special exception permit to filling and grading, with the conditions from Conservation, Planning and Zoning.    Motion carried 4-0.

 

Motion to adjourn by Netzinger, seconded by Ladas.  Motion carried, 4-0.

 

Respectfully submitted,

 

 

Henry Netzinger, Secretary