Board of Adjustment

DATE: August 20, 2009 Session of the Board

PRESENT: Richard Vogt, Chair

Robert Roloff, Secretary

Linda White, Chair

Fred Halfen

David Allen

ABSENT: None.

STAFF PRESENT: Gina Templin, Dave Lorenz, Mark Steward, Brian Cunningham

OTHERS PRESENT: See individual appeal files for registration appearance slips.

Chair Vogt 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 White, seconded by Roloff. Motion carried 5-0.

The Board adopted the agenda on a Motion by Halfen, seconded by Roloff. Motion carried 5-0.

Motion by White, seconded by Roloff to adopt the July 23, 2009 minutes. Motion carried 5-0.

COMMUNICATIONS:

None to report.

APPEALS:

• The Kraemer Co. (SP-29-09), a special exception permit to authorize the renewal and expansion of an existing quarry.

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

Bob Jewell, The Kramer Co., applicant, appearing in favor of the request, stated that the renewal is for 5 years, but would like to request 10 years and has met with the Town of Woodland to recommend approval, with the 10 year limit in that as well. He also stated that they have had no complaints, have an active NR135 permit on the site and after the hearing if approved would modify the plan to incorporate the additional site. He then spoke about blasting and the requirements for that, dust control, noise control, and the vegetative buffer.

Roloff asked if any reclamation has been done on the active portion of quarry. Jewell stated they really haven't, but explained that once the material is gone, they will start reclaiming along that wall, which would happen in 2 years or so.

Vogt asked about the runoff and little dam that is shown in Map 2 of the Kraemer packet. Jewell state that is an existing pond that has been there for some time on lands owned by Polk's. He also stated that as long as they continue to keep the high wall and buffer, storm water will stay within the quarry confines and not impact the pond.

Roloff asked how long the quarry could operate with the expansion. Jewell stated that for the total site, possibly 30-40 years.

Halfen asked about permits being required from the DNR for the site and/or pond. Jewell stated there is one which they hold and explained what it is for.

Vogt asked if they are satisfied with condition A recommended by Planning & Zoning. Jewell stated they are ok with the recommendations.

Vogt asked if there have been any complaints. Jewell stated he has spoken to the Town Board and the County and no complaints have been received.

Halfen asked about the difference between the 5 year and the 10 year permits. Lorenz appeared and explained the history of the Board opting to have a 10 year permit instead of 5 year if no issues have arisen with the site and/or operator.

Paul Neiderberger, appearing as interest may appear, stated that their property adjoins the quarry on the north side and he is in favor of it and just wanted to clarify that the rules are the same as they have been and just wants to make sure that the hours of operation and blasting rules still apply for the expansion. He stated they have been a great neighbor and they did take responsibility if any damage happens.

Seeing as no one else wished to speak, Chair Vogt closed this portion of hearing at 9:32 a.m.

The Board discussed the request.

Halfen asked if a bond has been posted for reclamation. Templin stated a bond is posted.

White spoke of changing condition A to state that the permit shall be given for 10 years, versus 5 years. She also stated that the applicant has done a good job providing information and that everyone seems to find The Kraemer Company to be a good neighbor.

Motion by White, seconded by Roloff, to approve the special exception permit with the conditions from SP-04, with condition A being changed to 10 years, and the conditions recommended by Planning and Zoning. Motion carried 5-0.

B. Plum Valley Investments LLC (SP-30-09) requesting a special exception permit to authorize a riding stable, academy, and campground.

Dave Lorenz, Environmental Zoning Technician, appeared and gave the history and background of the request as well as photos and a video of site. Also stated he submitted additional information, Exhibit VIII 1 and 2, a sanitary permit and the staff concerns of existing soil conditions on the site. He then recommended conditions to be considered on the request if the appeal is approved.

Vogt stated there seems to be a lot of facilities out there that were not part of the original farmstead and he presumes it was Ag before and then rezoned. Lorenz stated that was correct and explained the permitting process for Ag buildings.

Vogt stated that these facilities were built without permits and then the use wanted to be changed. Lorenz stated that the zoning was changed to have the riding stables and the campground.

Roloff stated that other than the mention of camping there is nothing in the plans that show where it is going to take place. Lorenz stated that on Exhibit VIII, 1 the soils test shows there are some places designated there.

White asked if that is the location of the trailer parking. Lorenz stated that is how he understands it.

White asked if Exhibit VIII, 1 replaces Exhibit II,3. Lorenz stated it is supplemental.

Roloff asked if there are state rules regarding campgrounds. Lorenz stated he believes so but is not sure what they are.

Halfen asked about the sanitary information on Exhibit III,4. Lorenz spoke of issues with the permit application that was received in 2007.

Vogt asked about the problems on the septic. Lorenz stated there are concerns on possible wetlands.

Halfen asked about the number of campsites and sanitary facilities to service the campers. Lorenz stated that Brian Cunningham will address those concerns.

Brian Cunningham, Sauk Planning and Zoning, appearing, stated that he was onsite in 2007 and also about 2 months ago and there are wetland soils present on site, and referred to Exhibit VIII,1, and showed pits that were dug for a septic system and then if you look where the trailer parking is located, it also references that A+4 soils exists, which meets the definition of wetland soils and wetland hydrology and according to DNR rules and Sauk rules, you can not fill the wetlands and explained what would be needed to place any fill there. He also request a wetland delineation to be done. He stated that the permit was just delivered on Monday and did advise the property owner of needing more information if wetland soils existing. He also spoke of the NRCS Department using different wetland delineation standards than the DNR and County use. He also spoke of previous wetland existing and they have been drained or dredged. He also explained the Clean Water Act and the rules that the County follows. He also stated that in 2007, it was not being pastured at the time and the wetland plants were regenerating themselves. He verified that before any permits can be issued, a wetland determination would have to be made.

Vogt questioned, looking at the permit, and why its before them, and what can be done with the permit. He referred to Exhibit VIII,2, page 3, showing the wetlands and the previously converted wetlands. He then referred to Exhibit VIII,1, the soils test site plan showing the different borings and septic and asked where it falls. Cunningham stated that it is in that area based on the soils test showing there is not even 1" of soils suitable for a septic system, which would mean wetland soils.

Roloff asked if the Board grants the special exception permit is granted, the issues with the wetlands would still have to be resolved before they could they proceed. Cunningham stated that is correct.

White asked about the sizing of the septics. Cunningham spoke of the sanitary being proposed and stated that there is concern from the staff because you have campers won't have a dump station. They don't need one and if they follow the standards they have in place they will be fine, but right now they are not designing the system for the dump station.

Vogt verified they have a sanitary permit. Cunningham explained they have an application into the office, not a permit issued.

Vogt spoke of the permit issued in 2007. Cunningham stated that they have changed the plans and location of system and they are no longer going with this option, which is why they have submitted a new sanitary permit application.

Vogt confirmed that they had the permit and it was never built. Cunningham stated that is correct, as the proposed system is a larger system.

White stated that the new permit is for a house, employees, floor drains and 20 camping units. Cunningham stated that is correct.

Vogt confirmed the difference between the two permits and stated that the only other issue before the project can move forward is the issue of the wetlands. Cunningham stated that is correct and it won't be known until a wetland delineation can be done.

White asked if a septic is there. Cunningham stated there is a tank installed and they are using it as a holding tank and to use it as a correct septic, they should have the drainfield installed as quickly as possible.

Roloff asked if they do hold the event that they are considering, will they be required to have portable toilets and how big is the existing tank. Cunningham stated he isn't sure and that the tank is a 1600 gallon tank.

White asked if the tank is considered a legal septic. Cunningham stated it is not.

Richard Schlough, applicant, appearing favor of the request stated that when they first started it was going to be their residence and the ag buildings would be for their own use, but as other people wanted to use their facility and ride and board with them and have horse shows. He stated they did get behind the ball and didn't realize everything that had to be done to keep it legal. He also stated that he worked with the DNR on the wetlands and established it through the grazing plan with NRCS and admitted that it is wet out there. He spoke of the septic issue of the 20 sites at 26 gallons a day and intend to build a shower house.

White asked if there will be flush toilets. Schlough stated they will have flush toilets.

White asked if there will only be 20 camping units there and no more than that and asked if it will be tents. Schlough stated people come in with horse trailers with living quarters in them and those will be the units.

White asked if there will be no tents and no camping units during the week. Schlough stated that is correct, only when he holds his weekend large events.

White asked if the residence will be for him or employees. Schlough stated that the home will be used for employees and also a part time residence for him.

Halfen asked where the shower house will be located. Schlough stated he is still working on those plans, but will sit just where the tent was located in the video.

White asked how many events will happen per year. Schlough stated they would like to have an event ever couple weeks for about 6 months out of the year.

White asked how many people and how many vehicles would come to the event. Schlough stated that 20 trailer units to stay, but people will come in and out during the day the events are held, possibly another 20-30 trailers.

White stated she does not see a parking area on any of the exhibits. Schlough stated there is parking through-out and wide roads, but nothing designated at this point.

Vogt, referring to Exhibit VI,3, lot 1 and 2 and Exhibit IV,2 and asked what he all owns. Schlough stated he owns lot and lot 2, and owns a total of 54 acres there.

Vogt asked about expansion into lot 1 because of the wetland limitations. Schlough stated that on lot 1 they intend to build their own residence.

White asked if there was an event scheduled. Schlough stated the event is scheduled for tomorrow.

White asked if there will be other facilities to be used. Schlough stated they will use port-a-potties.

White asked about a well. Schlough stated that the well was put in 2 years ago.

White asked about concessions and if there is a kitchen. Schlough stated the facility will be rented to the club and they will staff the concessions and parking, etc.

White asked with the food associated with this if a commercial kitchen will be installed. Schlough stated they are trying to work that in with the Shower house.

Vogt stated there are still other expansion plans on the site and the Board issue is the special exception permit for the riding stables.

White asked if it turns out that you can't get a legal septic because of the wetlands what are the plans. Schlough stated the plans were approved by the state, but he would have to move the septic onto lot 1, but right now he has no alternative.

Roloff asked if Blakeslee has located places for the drainfield that will work. Schlough stated they have room for 2 septics if the need it.

Halfen stated the wetland issue does not apply to the septic, it's the parking and filling that applies to the wetland issues.

Vogt stated that issue shall be resolved as to where he puts campground trailer parking with Planning and Zoning before anything can happen and if they grant the permit, under condition A he is required to meet that approval before he can proceed. The Board agreed.

Joyce Thornsen, appearing in favor of the request, they want the land taken care of and feels that the applicant has done that and their daughter has worked for him and has been a good opportunity for her.

White asked how close she lives. Thornsen stated she lives about 3 miles.

White asked how close the nearest home is. Thornsen there is a house across the road that people live in part time.

White asked about the neighbor thoughts. Thronsen stated she feels it is positive.

Lee Meffert, appearing in favor of the request, stated that he is a Supervisor for the Town of Woodland , and the Town Board has supported the project from the beginning and he only had 1 complaint about music being kept down.

Paul Niederberg, appearing as interest may appear, spoke of a board he is on representing Chamber of Commerce's in this area, and has spoken to the applicant about a good economical opportunity for the area.

Joyce Thornsen, reappearing in favor, stated that the place is very beautiful.

Seeing as no one else wishes to appearing, Chair Vogt closed the hearing at 10:15 am.

Roloff stated that all the concerns the Board has will be addressed in Condition A in the Planning and Zoning recommendations.

Motion by Roloff, seconded by White, to approve the special exception permit with the conditions listed by Planning and Zoning. Motion carried 5-0.

C. Lake Redstone Protection District & The Town of La Valle, (SP-31-09), requesting a special exception permit to authorize filling and grading within 300 feet of Lake Redstone .

Vogt asked if you could launch a boat there now. Lorenz stated you could not launch a boat, but the Town and the Sheriff's Department have a boat tied to the pier now.

Eric Henningsguard, General Engineering, representing the Town of La Valle and the Lake Redstone District, stated that there was a design done previously by a board member that was set to be at the Board in April, but pulled that application and hired the Engineering firm and did their studies and developed the design that they see today. He explained the plans.

Vogt, referring to Exhibit II,4, and where the old boat launch was compared to what they are planning now. Henningsguard explained the plans.

Roloff asked about the watershed and how far up the shore they went. Henningsguard stated roughly 250 acres comes in at Mourning Dove bay and also spoke of particle settling.

Roloff asked about the sediment that is there and where it is coming from. Henningsguard stated it is coming from the open site here and the watershed. He continued to explain.

Halfen asked about the proposed riprap and runoff. Henningsguard responded and referred to Exhibit II,5 and mentioned a drainage way that comes in from the north and the east and that water before ran along the old boat launch and they are directing that into the prairie.

Vogt stated they are going to try to keep that sediment trap cleaned out periodically. Henningsguard stated that he has brought this up at several meetings that it requires ongoing maintenance and monitoring.

Cal Brey, Chairman for Town of LaValle , appearing in favor of the request, stated that their role in this is to refurbish the boat landing which is used for the launch that is used for their protection of the Lake Redstone district and intend to continue to use it strictly for law enforcement and emergency services.

Vogt asked if this will be a public boat landing. Brey stated it is not intended to be used for public use. He also stated that the DNR uses that location to launch their boat.

Roloff stated that as a citizen from the Town of LaValle , resident of Lake Redstone and a member of the Board complimented them for having an Engineering firm take the project on hand. Brey stated it was better to have it engineered rather than take the risk of putting it on the schedule when it wasn't quite ready.

White stated it is a good project and should solve a lot of problems.

Jim Mercier, appearing in favor of the request, spoke of the project and the issues caused from the flooding of last year and they are trying to keep the lake as clean and beautiful as possible.

Warren Frank, appearing in favor of the request, stated they are working with the DNR for permits.

Seeing as no one else wished to appearing, Chair Vogt closed the hearing at 10:41 a.m.

The Board reviewed the request and the ordinance.

Motion by Vogt, seconded by Halfen, to approve the special exception permit with the conditions listed by the Planning and Zoning Department. Motion carried 5-0.

D. Don & Katie Pfaff (SP-32-09) requesting a special exception permit to authorize the location and operation of a proposed machine shop.

Vogt asked about the commercial district and other uses in the area. Lorenz stated there is a mechanic shop to one side and a veterinary shop on the other and the property has been zoned commercial for some time.

White asked if they choose to build in the future if that would be covered under this permit. Lorenz stated that if they built another building they would need a permit, but to put the operation in a different building on site, it would not be an issue as far as this request.

Roloff verified that if they built another building for this use, they would need a land use permit, but the special exception is in place to allow this use.

The Board discussed putting a condition on the permit if they did build another building to come back to the Board.

Halfen asked about any waste products. Lorenz stated it is a small machine shop and he manufactures small parts for other people.

Halfen asked if they are using any solvents or chemicals. Lorenz stated he doesn't believe so and it is strictly a machining operation.

Katie Pfaff, applicant, appearing in favor of the request, stated that they started up the project when her husband lost his job due to the economy and had the opportunity to do his skill for himself rather than trying to find a job for another company. She also stated that he does small technical work for several companies. She addressed the waste product, which is a water based solution and they have a company that will come pick it up and recycle it. She explained that the machine is very compact, not environmentally hazardous.

Vogt asked about employees. Pfaff stated it would just be her.

Vogt asked about future expansion. Pfaff stated she would love that, but there are no plans right now and if he would get to a point where he would move forward, they do have 15 acres of commercial property, they do have the room to build a shop, but its taking everything they have to do what they are doing now.

White stated this is a very creative use of skills in light of the down turn. Pfaff stated that they get a lot criticism for trying to start now during this time.

Seeing as no one else wished to appearing, Chair Vogt closed the hearing at 10:55 a.m.

The Board discussed the request and ordinance.

Vogt stated he doesn't see why they would need to come back if they decide to expand to another building. Roloff stated that those concerns are covered in Condition A.

Halfen suggested making their intent clear.

Motion by Halfen, seconded by White, to approve the special exception request, and add the condition that the applicants will return to the Board of Adjustment if additional buildings are to be constructed for the sole purpose of expanding the machine shop business. Motion carried 5-0.

Meeting adjourned.

Respectfully submitted,

Robert Roloff,

Secretary