DATE: September 23, 2009 Session of the Board
PRESENT: Linda Wite, Acting Chair
Robert Roloff, Secretary
Dave Wernecke
David Allen
ABSENT: Rich Vogt
Fred Halfen
STAFF PRESENT: Gina Templin
Steve Sorenson
Mark Steward
OTHERS PRESENT: See individual appeal files for registration appearance slips.
Acting 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 Wernecke . Motion carried 4-0.
The Board adopted the amended agenda for September 23, 2009 meeting on a Motion by Roloff , seconded by Allen . Motion carried4-0.
Motion by Roloff, seconded by Allen to adopt the August 27, 2009 minutes. Motion carried 4-0.
COMMUNICATIONS:
None to report.
APPEALS:
A. LL JBP, LLC (SP-38-09) requesting a special exception permit permit to authorize the renewal and expansion of a contractors storage yard.
This request has been postponed until the October BOA meeting.
B. Dan & Brenda Gussick, (SP-39-09) requesting a special exception permit to authorize the filling and grading on slopes of more than 20% while constructing an addition to a residence.
Steve Sorenson, Assistant Zoning Administrator, 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. Sorenson then added additional recommendation to be if the permit is approved, would be (e) west property line flagged for the contractor, (f) all disturbance proposed above the wall shall stay at a minimum, and (g) aggressive silt fencing and a water collection system such as a drywell or surface retention.
Wernecke asked if there is a permit already submitted for the proposed expansion. Sorenson stated the contractor will apply once the hearing has been finished.
Wernecke asked about the steep slope on the expansion. Sorenson confirmed that the expansion is going on slopes greater than 20%. He provided addition information on the building process.
Wernecke asked where on the lot a retention area would be allowed. Sorenson referred to Exhibit II,9 and stated that there is one proposed on this exhibit to handle the runoff from the driveway, however there could be another drain in the area north of the holding tank to get surface water into the groundwater and retain on the site.
Roloff asked about the additional conditions, lettered E,F, and G. Sorenson confirmed.
White asked who would be responsible for the design of those provisions. Sorenson stated the homeowner and contractor should address it in their permit application.
Lloyd Charles, appearing in favor of the request for the applicant, stated that the driveway is already there and the water does run towards the home right now, but even if the driveway is sloped it will be better than what they have right now. He stated that Zobel has been hired to do the digging and put the walls in.
White asked how many trees will be removed. Charles stated that they don't intend to remove a lot.
White asked about the paved driveway putting more water onto the neighbor's property. Charles stated he does not believe the runoff will adversely affect the neighbor and feels that the pitched drive will address the water runoff.
White asked if there is room for a grassed area next to the property line. Charles stated because it is wooded, there is no grass.
White spoke of the water runoff due to the driveway paving. Charles believes the driveway will be sloped properly to address water runoff.
Wernecke stated according to the site plan, if you crown the driveway you will put water immediately onto the neighbors property. Charles continued to explain.
Wernecke asked about the runoff that is collected from the roof of the proposed addition. Charles stated they would dig a hole and direct the water there.
Bob Leonard, appearing in favor of the request, stated he has been to the property once or twice, but feels this would only be an improvement.
Seeing as no one else wished to appear, Acting Chair White closed this portion of the hearing at 9:35 a.m.
Roloff stated the Town of LaValle approved the project.
White stated they have a good plan and agrees with Planning & Zoning's additional request of conditions.
Motion by Roloff, seconded by Wernecke to approve the special exception permit with the conditions listed by Planning and Zoning, as well as the additional conditions E-G as provided above, subject to the approval of Planning & Zoning. Motion carried 4-0.
C. Pace Farms LLC (SP-40-09) requesting a special exception permit to authorize the location of a duplex.
Steve Sorenson, Assistant Zoning Administrator, appeared and gave the history and background of the request as well as photos and a video of site, he also referred to minutes from the Planning Zoning and Land Records committee meeting, labels as Exhibit VII,3 and 4. He then recommended conditions to be considered on the request if the appeal is approved. He spoke of concerns he has with the septic system, which has been maintained regularly, but with the change of use from a single family home to a duplex, he requests a verification of the septic.
Wernecke asked what a future owner would be required to do if the acreage with the duplex would like to be reduced. Sorenson stated to make that less you would have to go back and rezone.
White explained that one of the reasons for the rezoning is that duplexes are not allowed in Exclusive Ag Zoning.
David Pace, applicant, appearing in favor of the request, stated that the property was a duplex when it was purchased, and the property is a legal nonconforming property. He also addressed updates to be made to make the duplex compliant with state code as well as future plans for the property. He also stated they have never had a problem with the septic system and doesn't feel there is no need to address the septic.
White asked about heating efficiency that had to be submitted to the state and that says there is one unit there and not two. Pace stated it had to do with square footage. He continued to explain the use of the duplex and history of it.
Wernecke asked who initiated the process for the rezone and special exception. Pace stated someone drove by and witnessed two mailboxes. He stated that they had to go in front of the township due to the duplex, so the Town initiated the process.
White asked if there was any opposition at the town hearing or county board hearing. Pace stated the neighbor to the south stated it would set a precedence.
Linda Borleske, appearing in favor of the request, representing the Town of Reedsburg Plan Commission and representing Ed Brooks, Town Chair. Borleske explained the process that has taken place to get the property into compliance and the recommendations forwarded from the Town to the County and explained there is a restriction on the deed to the property.
Seeing as no one else wished to appear, Acting Chair White closed the hearing at 11:05 a.m.
The Board reviewed the request and the ordinance. Allen asked about the septic.
Motion by White, seconded by Allen , to approve the special exception permit with the conditions listed by the Planning and Zoning Department and the septic be periodically inspected and if there is an issue, the septic will be replaced at that time. Motion carried 4-0.
D. David Roecker (SP-41-09) requesting a special exception permit to authorized a proposed agricultural related business.
Steve Sorenson, Assistant Zoning Administrator, 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 considered on the request if the appeal is approved.
Wernecke asked if there are any waterways near or running to the property. Sorenson stated there are none any in the area and he is on a dead end road.
Roloff asked about plumbing. Sorenson stated if they do want facilities in the office, they would be required to get a permit for the reconnect and conversion of the office and septic hooked up to the office.
White asked at this point there is no restroom facilities in the office that is known. Sorenson stated that is correct.
Wernecke asked about disposal of oils and such. Sorenson stated he is unaware of what repairs are being done and would be a question for the applicant.
David Roecker, applicant, appearing in favor of the request, stated that he would like to operate a farm business at this area to fix farm equipment and sell He stated he farms the property and would like to get into sales and service as well. There will not be any employees in the beginning but possibly 1 or 2 down the road of the business is successful enough. He did state there is no bathroom in the office, but plans on using the house facilities until there comes a time for the need of one. He also spoke of signage and equipment storage and the plan for equipment visibility. He also requested that the permit to be good for as long as he operates the business, baring there are no violations.
White asked about the address given and who is in the homes on the property. Roecker stated that both homes are rented, however, one will be vacant and he will take occupancy in the near future.
White asked about the permit process starting. Roecker stated that Planning & Zoning sent a letter stating that he was not in compliance.
White asked how he will make the decision between "junk" and "junk equipment". Roecker stated that if the equipment is whole and working condition, that will be salvageable.
Wernecke asked about the disposal of lubricants and such. Roecker stated that having it be just himself there is not enough to create a problem, but it will be disposed of properly and will be contained.
Wernecke asked how it is disposed of now. Roecker stated that the waste oil is put into a barrel and gives it to someone to burn in a furnace. He stated that he does more equipment repair than engine repair.
Jerome Tourdot, appearing as interest may appear, stated that they are not opposed to the permit, but the fine line between equipment and junk and just stated that they don't want a junkyard next door.
Steve Sorenson, reappearing, stated that if the Board wishes to remove the 5 year expiration, the Department would be ok with the permit going with the ownership of his property, with the violations having the ability to revoke the permit.
Roloff spoke of condition B stating no outside storage of junk and how it is monitored. Sorenson stated that there is an annual inspection to the property to make sure it's neat and tidy and the items that are not selling are being scrapped out.
Seeing as no one else wished to appearing, Acting Chair White closed the hearing at 10:20 a.m.
White stated that she feels the one thing that determines junk is how the area is taken care of around it, such as weeds or sitting in the same place all the time. She also stated she doesn't feel any additional traffic or dust and congestion.
Allen stated he feels the area is a good place to put a business such as this. He also had a concern on what is junk and what is salvage, but feels the annual inspection is a good thing.
Motion by Allen, seconded by Wernecke, to approve the special exception permit with the conditions listed by Planning and Zoning, removing the 5 year time limit, but allowing the permit to be valid with the ownership under Mr. Roecker, however with 3 violations of the permit will revoke the permit, as well as the staff making an annual inspection. Motion carried 4-0.
E. Donald Jackson & Beverlee Nelson (SP-42-09) requesting a variance to allow the replacement of a boathouse and a special exception permit to authorize filling and grading on slopes of more than 20% .
Steve Sorenson, Assistant Zoning Administrator, 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 considered on the request if the appeal is approved. He also stated that the plans suggest a concrete patio, which is not allowed in the setback, however they could use natural stone, crushed stone, mulch or a combination of those. Additional condions should be (e) shall maintain all the setbacks and use natural stone on the retaining walls and the rock can not tie into the riprap, (f) the washed stone cobble buffer be a vegetative buffer except for in front of the boathouse and the buffer shall be maintained through its life. He spoke of the 3 trees in Exhibit II,8 the elms that need to be removed as part of the construction, they shall be replaced with a tree at least 4-8 feet tall. Condition (g) shall be all the deck and tie materials need to be disposed of properly. The existing 20% slopes have been created by the boathouse and the original natural slopes can not be determined on this site.
White asked if this is considered to be a boathouse built on grades more than 20%. Sorenson stated he is considering that because they are moving the boathouse into the slope.
Wernecke asked if it would be difficult to determine if the boathouse would be a nonconforming structure. Sorenson stated that is correct.
Roloff asked about Exhibit II,6, the existing boat house showing an approximate grade of 20% +/- . Sorenson stated the slopes are around 12% in that area and that is because of the filling and grading that has been done previously.
White asked how that is reconciled with the rules that say you can't build a boathouse on slopes of more than 20%. Sorenson explained.
White asked how erosion is going to be minimized during construction. Sorenson stated he is waiting to hear how they plan to do that.
Roloff asked about the 20% slope, referring to photo 1. Sorenson stated most of that photo is 12%, but right near the boathouse is where the 20% slope is.
White stated if they didn't have the door that and it was filled in, they wouldn't have a problem. Sorenson stated that is correct.
White asked about the size of the boathouse and if there are issues there. Sorenson stated that the size is compliant. Sorenson stated that is correct.
White spoke of the variance request being an area variance.
Ron Zeman, appearing in favor of the request, spoke of the boathouse and if the entrance to the boathouse you would have less than 20% slope and would be no problem putting the door on the other side. He also spoke of using stamped concrete and feels the owners should be allowed to use it.
White asked if the request size of the boathouse will be taken down to 640 feet to be in compliance. Zeman stated it will be reduced to 640 square feet.
Wernecke asked for the specific size of the boathouse as it is listed at 3 different dimensions and asked for the specific dimensions. Zeman stated they would like to get both boats inside and out of sight but will stay in the 640 square feet. Wernecke stated a new drawing will need to be submitted then because the ones that have been submitted are too large. Zeman stated they will submit another drawing to make the boathouse comply with the 640 feet requirement.
White spoke of the issues of using concrete versus the natural stone and protecting the natural resources.
Wernecke also spoke of it not being an issues of beauty, but a protection of resources.
Roloff spoke of the special exception permit for the grading and the old boathouse going away and then the area was reshaped to 12%, then a variance would not be needed for the new boathouse.
Don Jackson, applicant, appearing in favor of the request, stated that they purchased the property in 2005 and everything is preexisting to their ownership. He continued to provide the background and history of the property and suggested that they will be in full compliance.
White asked if they would have a problem with withdrawing the variance request and just applying for a special exception permit. Jackson stated they would be willing to do that.
White provided addition conditions, such as the natural stone allowed in the shoreland area, the vegetative buffer and that the materials be removed and disposed of offsite and asked if there are any problems with those. Jackson stated that he is unsure of what a vegetative buffer means (White explained) and clay pavers would be the first choice, but doesn't feel those are allowed, but understands the stamped concrete is not allowed.
White complimented the applicant on complete plans.
Wernecke asked about screening and the planting plan that has been submitted. Jackson stated that they do not plan to take down the tree on the north side of the boathouse, but the one elm that is right where the boathouse is moving into would come down and the next one is dying and then there is one more tree that is diseased which will be removed. He did state that the smaller healthier trees will be relocated. He stated that their intention in the buffer areas are low vegetation.
Beverlee Nelson, applicant, appearing in favor of the request, stated that she really doesn't want flagstone, but would like to come up with something that would be a little more smooth. She also spoke of cleaning up the water and the decline in the quality of the water.
Roloff asked about the approval of the special exception permit for the filling and grading and then not applying for a variance. Sorenson stated that is correct. He stated they could remove the old wall and old boathouse and reshape the slopes and then in the future build the boathouse without the variance.
Wernecke asked about the reshaping of the slope. Sorenson stated that everywhere there is a structure will be pulled out and regrading will be done.
Don Jackson, reappearing, stated he would like withdraw their variance request for a boathouse.
Seeing as no one else wished to appear, Acting Chair White closed the public portion of the hearing at 11:15 a.m.
Motion by White, seconded by Roloff, to approve the special exception permit for filling and grading with the conditions listed by Planning & Zoning, with the additional requirements noted as E-G as reviewed above and a new plan shall be submitted that meets the requirements of all conditions and the plan shall be approved by Planning & Zoning. Motion carried 4-0.
Meeting adjourned.
Respectfully submitted,
Robert Roloff,
Secretary