Board of Adjustment

SAUK COUNTY BOARD OF ADJUSTMENT

                                               August 28, 2014 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 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, 5-0.

 

The Board adopted the agenda for the August 28, 2014 session of the Board on a motion by Kettner, seconded by Allen.  Motion carried, 5-0.

 

The Board adopted the minutes from the July 31, 2014 session of the Board on a motion by Ladas, seconded by Netzinger.  Motion carried 4-0 with White abstaining.

 

COMMUNICATIONS:  None.

 

APPEALS:

 

A.        Gerald Wittmann (SP-12-14) requesting a variance to create a new lot with existing buildings housing livestock within the minimum required setback to property lines.

 

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 concrete shown in the video and if that was where the new building was going.  Lorenz was unsure and deferred the question to the applicant.

 

Ladas asked about the property and everything is in complete compliance and the variance is only required if the CSM is allowed.  Lorenz stated that is correct.

 

Ladas asked about any natural impediments requiring the csm to be drawn in this fashion.  Lorenz stated the only slope is between the buildings and the road.

 

White asked about which setback line is requiring the variance.  Lorenz explained the setback for the building housing livestock.

 

Robert Wittmann, representing applicant, appearing in favor of the appeal, spoke of the history of the farm and the reason for the request.  He explained the CSM process, the building of the structures, the sale of the land and purchasing of equipment.   He also explained that the concrete shown on the video is to go with the milking parlor.

 

White asked how many animals it will house and if it will expand.  Wittmann stated it will house 150 and he would be able to expand in the future and double the size to the west.  White asked if the expansion will need a variance as well.  Wittmann stated in the future he would like the be the owner of the entire property.

 

White asked about other options researched.  Wittmann explained the options looked into and the issues he ran into.

 

Ladas asked about this being an area variance.  White stated this is an area variance.

 

Wittmann spoke of the terrain of the property and the only place to build the new building is where the flattest spot is located.

 

White asked about the arability program.  Wittmann explained.

 

White asked about the selection of the shape and border lines of the parcel of the csm.  Wittmann explained that the lines went through the buildings and allowed for road access.

 

White asked if it will have a separate road access or use the existing access.  Wittmann stated it will use the existing access to the highway, but would have additional access if ever needed.

 

Gerald Wittmann, applicant, appearing in favor of the request, spoke of the process of the farm and splitting off the farm, as well as the grant and the options that were looked into besides doing the CSM.

 

White asked if there is only one house on the property.  Wittmann stated there is only one house on the side where this barn is located.

 

White asked if there are any other plans to build any other homes on the farm.  Wittmann stated there are not.

 

Kettner stated for all purposes this is a temporary type of situation.  Wittmann confirmed.

 

Netzinger reviewed the timeline. Wittmann confirmed.

 

White asked about the legal requirements of the grant and the ownership requirements.  Wittmann explained that the two sons are involved and Robert will hold 51% interest in the property.

 

White asked about future stipulations.  Wittmann stated he would have no issues with limitations.

 

Robert Wittmann, reappearing in favor, spoke of the changes in the grant and explained the process.

 

Dave Lorenz, reappearing.

 

White asked if they would be able to remove the CSM lines down the road.  Lorenz explained there would be ways to put this all back together.

 

White asked about a variance and the appeals process.

 

Robert Wittmann, reappearing, referred to Exhibit IV,2, the letter speaking of a manure structure, and stated there is no manure structure and stated that he thinks the concerned citizen may think that the concrete structure and earth may be one, but it is not.

 

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

 

Netzinger feels that the hardship is the building was started in good faith with a contract with the government and then they changed the rules in the middle of it, as well as the applicant having a disability and this will allow him to continue farming.

 

White spoke of options on approving the variance.   White feels it serves many purposes that the Board is trying to support in the county when it comes to farming and businesses and family.  Compliance with the ordinance produces a hardship because the government changed the rules.  It is unique due to the program and it also does what the ordinance supports for the neighborhood so she feels it qualifies for the variance.

 

Kettner agrees with White and feels an unnecessary hardship agrees in that he has a permitted purpose in place and by not granting the variance, he would be prevented in using it for that permitted purpose.  The property limitations exist and it is more harm to the public interesting in the farming with not allowing this.

 

Allen agrees, however he understands you can use the financial issues in a hardship.

 

Netzinger agrees that a hardship exists and a unique situation exists due to the grant opportunity and the government changing the rules in the middle of the process.  He also spoke of the farming and using up the farm land wisely and the proposed csm addresses the farm operations in the best interest and supports the request.

 

Ladas agrees that public interest and uniqueness is met, but is having issues with the hardship portion of the variance because in his mind is financial.

 

Motion by White, seconded by Allen, to approve the variance to create a new lot within the existing buildings housing livestock within the minimum required setback to property lines with the conditions recommended by Conservation Planning and Zoning, as well as building within the 100 foot line within the parcel is confined to Paul, Robert or Gerald Wittmann and no future owners of the property, and the building condition is specifically to farm/animal buildings only, no residential.  Motion carried 4-1 with Ladas in opposition.

                                                          

B.        Duane Wipperfurth (SP-13-14) requesting a special exception permit to authorize filling and grading within 300 feet of Lake Wisconsin during the landscaping of a new residence.

 

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 surrounding properties have similar slopes.  Lorenz stated that is correct.

 

White asked about the previous owners not building a house and if there were any issues and why the house was not built.  Lorenz stated he is unsure why the house was not built.

 

Netzinger asked about Exhibit II,9, showing the septic field and whether or not the driveway can go over the septic field.  Lorenz confirmed that the driveway will need to be relocated somewhere other than over the septic field.  He stated currently they don’t have a septic system designed yet and this is only a proposed plot plan.

 

Duane Wipperfurth, applicant, appearing in favor of the request, spoke of their request to build a 3 bedroom residence with a walkout basement and to do that they would need to do filling and grading and would need to disturb approximately 3,900 sq. ft..  He stated they will comply with all necessary rules for erosion control and obtain any permits that are required.

 

Kettner asked if the existing retaining wall will be altered in any way.  Wipperfurth stated they will not be disturbing the existing retaining wall, but the ground between the retaining wall and where the house will be going.

 

Kettner asked what will be done to the sides.  Wipperfurth stated they will be putting in retaining walls on the sides that will go down to the existing retaining wall.

 

Kettner asked if the retaining wall will go right to the property line.  Wipperfurth was unsure.

 

White asked he had a ground plan from the developer or the person doing the earthwork showing the slopes.  Wipperfurth stated the surveyor did a pitch plan.

 

White asked about how tall each wall will be.  Wipperfurth stated the walls will start out 6-8 feet tall and then will taper down.

White asked what will be done with the dirt.  Wipperfurth stated it will be hauled out.

 

Kettner asked about the area near the gazebo and shed and if it will be undisturbed.  Wipperfurth stated that is correct.

 

Kettner asked about the line of trees near the front, he would like to see additional plantings of other vegetations other than grass, which is not the best for retaining run off.

 

Ladas asked if the gazebo exists right now.  Wipperfurth stated it does.

 

Seeing as no one else wished to appear, Chair White closed the public portion of the meeting at approximately 10:20 a.m.

 

White stated she has more comfort level when the DNR and the Department is involved in the project.

 

Kettner stated when he looks at the photos of the neighboring properties, the yard seems to be a mono-culture of vegetation, would like to see a variety of plantings and not simply grass.

 

Netzinger stated the plan is straight-forward.

 

Ladas feels the plan is good and they are disturbing as little ground as possible.

 

Motion by Netzinger, seconded by Ladas, to approve the special exception permit to authorize filling and grading within 300 feet of Lake Wisconsin during the landscaping of a new residence,  with the conditions recommended by Conservation Planning and Zoning.   Motion carried 5-0.

 

Motion by Allen, seconded by Ladas to adjourn.  Motion carried.

 

Meeting adjourned at 10:25 a.m.

 

Respectfully submitted,

 

 

Henry Netzinger, Secretary