DATE: November 19, 2009 Session of the Board
PRESENT: Rich Vogt, Chair
Linda White, Vice Chair
Robert Roloff, Secretary
Fred Halfen
David Allen
STAFF PRESENT: Gina Templin
Steve Sorenson
Mark Steward
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 Halfen. Motion carried 5-0.
The Board adopted the agenda for November 19, 2009 meeting on a Motion by Halfen, seconded by White. Motion carried 5-0.
Motion by Halfen, seconded by Allen to adopt the October 2009 minutes. Motion carried 4-0 with White abstaining.
COMMUNICATIONS:
None to report.
The Board discussed the 2010 meeting schedule. Motion by Roloff, seconded by Halfen to adopt the 2010 schedule. Motion carried 5-0.
APPEALS:
• Shifflet Investments LLC (SP-44-09) requesting a special exception permit to authorize filling and grading to complete the landscaping for a proposed restaurant, bar and banquet facility.
Steve Sorenson, Assistant Zoning Administrator, appeared and provided a revised staff report and 2 letters (which were read into the record) received by the Department in regards to the request, as well as a floodplain map showing the property in question. He then gave the history and background of the request as well as photos and a video of site. He also provided information submitted by the Town for recommendations of conditions if approved.
Vogt asked about hearing anything from the Township. Sorenson stated he has heard nothing.
Vogt asked about approval of erosion plans and if what was submitted is acceptable and what the department is looking for. Sorenson stated the plan that was submitted is a good plan and are not looking for anything additional.
Terry Shifflet, applicant, appearing in favor of the request, spoke of the history and background of the property, as well as all the amenities of the site. He also addressed all the improvements that have been made to the site and reviewed his request. He then addressed the permits he has received from the DNR, the erosion control permit, the Lower Wisconsin Riverway Board permits.
Vogt asked if he has attended the town meeting. Shifflet stated he has been to several of them.
Vogt verified the DNR permits have been secured. Shifflet stated he has received all the permits.
Roloff asked what the outcome of the November Town meeting was. Shifflet stated they didn't even bring it up.
The Board confirmed that the only item they are addressing is the filling and grading request, not the building request.
White asked about any concerns that Planning and Zoning placed on the request. Shifflet stated he does not have any problems with the conditions.
Halfen asked about existing trees. Shifflet explained that some trees will be removed, but he is working with the Lower Riverway Board to have a new planting plan for the river bank, which will take place once the building is up.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 9:30 a.m.
The Board reviewed the request and the ordinance as it applies.
Motion by Roloff, seconded by Halfen, to approve the special exception permit to allow the filling and grading with the conditions set by Planning. Motion carried 5-0.
• James Abbey, Marion Abbey Revoc Living Trust (SP-45-09) requesting a special exception permit to authorize filling and grading on slopes of more than 20%.
Steve Sorenson, Assistant Zoning Administrator, appeared and provided an amended staff report, a letter from the Town of LaValle regarding the appeal and an air photo of the property. He then gave the history and background of the request as well as photos and a video of site and a list of conditions recommended if the Board chooses to approve the permit.
Vogt asked about the existing silt fencing and why that was placed. Sorenson stated there is a grass waterway in that location and the owners did some tree cutting, as well as having some problems during the flooding last year.
Vogt asked if Exhibit L1 from the Bruce Company is adequate enough for erosion control or if additional information will be required. Sorenson stated that this exhibit does show erosion control measures.
Vogt asked about the drainage and retention pond. Sorenson explained.
Roloff asked about the relationship between this project and the next hearing (SP-44-09). Sorenson stated that the following hearing is owned by the same owner, but is planning on being sold to the applicant (Heffron) for future development.
Vogt asked about Outlot 3, near the shore (referring to L1), and asked what that is. Sorenson stated he believes that is a steep slope and they are intending to break up the slope and create a flat area.
Jim Abbey, applicant, appearing in favor of the request, spoke of the history and background of his family and the property. He also stated that they have contacted the County and the Township and have been going through the process with all them and intend to build a home on lot 44 and correct run off and slope issues on lot 44 and lot 3. He also spoke of the rain gardens and addressing the water runoff.
White asked if the Bruce Company will be responsible for the erosion control or if the contractor will take care of that. Abbey stated that the contractor will take care of that.
Vogt mentioned that the erosion control will be required from the Department.
White state it looks like a responsible plan. Abbey asked if the permit be issued to him, to his trust.
Vogt asked how that would work in stating it is nontransferable. Sorenson stated in the motion mention that it also includes Jim Abbey through the trust.
Amy Sausen, The Bruce Company, agent for the applicant, appearing in favor of the request, spoke of the erosion control and plan presented (L1) and explained the materials to be used in the project. She then addressed the rain gardens in detail, as well as retaining walls to be used and the seeding materials.
Halfen asked about the existing trees on lot 3 if they will remain. Sausen stated that all trees there will be remaining as tree removal has already taken place up to this point.
Vogt asked about clearing near the retaining wall. Sausen stated she doesn't believe there are any trees in that area to begin with and is very open.
Howard Kozelka, appearing in favor of the request, stated that he is in favor of the property being developed, however there are some near the water where the trees will tear out the shoreline with the roots and asked if they could remove them, but leave the stumps.
Roloff stated that while it is a concern, the Board needs to address the grading and erosion.
Halfen stated that he agrees however if the trees fall, there is an erosion control problem.
James Abbey reappearing, stated that there are 3 trees in question, 2 are sloped off the land, one is on the embankment. The leaning trees will be removed as part of the program and the other tree is a floater and did not come off of their land and is unsure how to address it.
Sausen reappearing, stated she did not notice the trees because they are on the far north end of the lot.
Phyllis Jesse, appearing as interest may appear, stated she is the adjacent neighbor to the lake lot and stated that the water runoff would be coming towards their property. She stated she felt the floater log is probably holding their shore together. She also spoke of concern on the outlot 3 and the work to be done there and where all the water runoff will happen.
Vogt spoke of the requirements attached to the permit is that they do not increase or put any water runoff onto your property and the project will be monitored by Sauk County Planning and Zoning, and suggested them to talk to the owners and agent and have them explain the drainage pattern that will be established as part of the plan.
Dennis Jesse, appearing as interest may appear, asked a question about the boundary of the lot and if there will be any soil or the wall being filled in near that lot line where he has a retaining wall and is concerned that resloping could bury his wall.
Sausen stated that the plan shows existing contours. The proposed contours meet up to the existing contours before they get to the Jesse's wall, at least 8 feet before the line.
Halfen is concerned about creating a drainage way down the driveway and is concerned that the water coming off the road, a gravel drive, and could run near that wall and pile up in that area. He also stated the plan looks responsible, but in his experience, the plan shows a man made drainage way.
Vogt stated the drainage pattern does not indicate that it will impact the Jesse's property.
James Abbey reappearing, stated they had the Bruce Company address wall and stated the water comes down naturally and slopes away from the Jesse's property and put in a swale to help make sure it does not happen and feels they have addressed it very carefully.
White asked how long this will take. Abbey stated he would like a 5 year permit because they cant control the economy.
Halfen stated he does have any issue with Lot 44, but does have concern on Lot 3 and asked if an Engineer was involved in the design. Abbey stated the Bruce Company was involved.
Sauen reappearing stated she works with landscape designers and architects, but not an engineer, but surveyors, architects and designers.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 10:35 a.m.
Vogt stated that the professional landscape architects are licensed. Halfen disagreed as they are not licensed in stormwater or drainage and this design is brining two areas of drainage and feels there is an issue that will be a problem down the road and would like to see a professional Engineer engaged in this and design it in such a way that water and runoff will not go onto the neighboring property.
White stated that Sorenson has been onsite and seems comfortable with the request. Halfen stated Steve is not a professional engineer.
Vogt feels the slopes will be flatter than existing, a drainage swale that will carry water to a detention basin and feels the runoff will be addressed.
Halfen asked that the request be tabled or in a motion that the plans be reviewed by a professional engineer.
White asked that all land use permit be within one year of the date of hearing and asked how long the permits are good for. Sorenson explained.
Motion by Halfen, to approve the special exception permits with the condition that a professional engineer has been consulted to verify that no water runoff will be placed on the neighbors property, s listed by Planning and Zoning. Motion fails due to lack of a second.
Motion by Vogt, seconded by White, to approve the special exception permit with the conditions listed by Planning and Zoning, as well as giving the applicant 2 years from the hearing date to secure all permits, versus 1 year. Motion carried 4-1with Halfen in opposition.
• Daniel Heffron, Agent, Marion Abbey Trust, Owner (SP-46-09) requesting a special exception permit to authorize filling and grading on slopes more than 20%
Steve Sorenson, Assistant Zoning Administrator, appeared and provided a revised staff report and 2 letters (which were read into the record) received by the Department in regards to the request, as well as a floodplain map showing the property in question. He then gave the history and background of the request as well as photos and a video of site. He also provided information submitted by the Town for recommendations of conditions if approved.
White asked about the filling and grading near the lake shore versus filling and grading to build the home. Sorenson explained.
White confirmed the Board is addressing the filling and grading near the water.
Dan Heffron, applicant, appearing in favor of the request, spoke of the modification of the transferrable issue being addressed to include the new owners of the lot, which his Todd and Linda Taylor. He suggested that the permit be granted to the chain of title, which is the Abbey trust, Heffron as agent and the new owners. He also stated he is comfortable with the conditions listed by Planning and Zoning, separate from the transferrable issue.
Halfen asked about the grading and trees to be removed. Heffron stated that there are not any trees in the grading spot that will be removed larger than 3 inches, but mostly considered brush or scrub trees.
Halfen asked if there is any plan for replanting. Heffron stated there will be and will have that provided with the permit for the residence.
Halfen asked if there will be a building put on the flattened out area. Heffron stated in the future there could be, such is a boathouse, but nothing is proposed at this time.
White asked about the riprap proposed. Heffron stated there would be new riprap placed through a DNR permit.
White asked what the final grade would be. Heffron stated between 8-10%, but much more level near the shoreline.
White asked how this will work to put the special exception permit in a certain name. Sorenson stated Mr. Abbey agreed to have the request under his name and will be responsible for following the conditions.
Abbey requested that the plan be in the name of the trust and it is transferrable one time.
Mark Steward, Director, appearing as interest may appear, stated that the process should be handled in where the permit is granted to the applicant, which is Mr. Heffron, and are approving the plans and the process, not the actual permit. He is not taking ownership from the property owner, the property owner still has to sign the permit. The special exception authoring the filling and grading should be issued to Mr. Heffron on the agent, but the applicant will be the trust through Mr. Abbey.
Vogt confirmed the the Board is issuing the approval to the applicant, but the owner has to fill out the permit themselves and will be signed by the Owner. The special exception permit is not transferrable, but the land use permit is transferrable.
Abbey reappearing, stated that Heffron is an agent of both parties, and feels they are forcing them to work to a particular agent and feels it should go with the land.
White asked who applied and paid for the special exception. Heffron stated he is applied and paid for the fees.
Steward reappearing, explained that the permits stay with the property.
Roloff stated the agent represents the property owner, if there is a violation, the agent is not responsible, the owner is responsible.
Steward reappearing, stated that what is issued should be issued to the land owner and it is a standard condition, it is not a requirement, however any future land owner has to understand that they have to meet the plan that was approved and follow it, and it needs to be clear to the next property owner.
Halfen asked Steward about the timeframe of the permit. Steward stated he does not and it is their right to change it.
White asked about that county permits required to for this approval includes the land use for the house, septic, etc., and she doesn't feel it should be in there. Steward stated many of the permits go hand in hand and this is a way to be sure that all necessary permits be secured within that timeframe and they need to be as complete as possible.
White asked if they change the requirement to have all permits within 2 or 5 years, they know they have all those permits. Steward explained.
Dan Heffron, reappearing. Vogt asked that conditions state that the approval be granted to the trust and only be allowed to be transferred to a subsequent owner. Heffron stated that it is not unusual that they will have a series of contingencies before someone buys it.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 11:25 a.m.
Roloff spoke of the owner increasing the value of the property by getting the permit in advance of selling the property, and feels in the future the owner should implement the permit in the hopes that it increases the value of the property. Or sell as it and the buyer then comes in and gets the permit. He feels that the Board is getting into a possible issue down the road. If you want increase the value of the property, then implement the plan.
Motion by White, seconded by Roloff, to approve the special exception permit, allowing 2 years to get permits from the date of the hearing versus 1 year, and grant the approval to the Marion Abbey Revoc Living Trust and allow it to be transferred only to one subsequent owner, along with the conditions set by Planning and Zoning. Motion carried 5-0.
• Ashok Bhatia (SP-47-09) requesting a special exception permit to authorize filling and grading on slopes more than 20%.
Steve Sorenson, Assistant Zoning Administrator, appeared and provided a revised staff report and 2 letters (which were read into the record) received by the Department in regards to the request, as well as a floodplain map showing the property in question. He then gave the history and background of the request as well as photos and a video of site. He also provided information submitted by the Town for recommendations of conditions if approved.
Vogt asked if additional plans will be required. Sorenson stated he did not have a lot of detail and will need additional erosion control plans.
Roloff asked about the request and to verify what it is for. Sorenson explained.
Jerry Schluter, agent, representing the applicant, explained the owners intent, having a place for the kids to play and that in order to do the work, the house will most likely have to be tore down and it is a nonconforming house
.
Vogt asked about a profile or cross-section of the flat area. Schluter explained.
White asked about the house. Schluter explained the intentions of the house.
Halfen asked if the owners would need to get a new special exception permit for the house project. Sorenson stated that there are 2 retaining walls on the property. One at the water creating a flat spot and then one near the parking area.
Vogt verified what the grading would be. Schluter confirmed the plans.
White asked again about the house. Sorenson stated that what was presented to the Board is what was presented to him and if anything else was planned, he is not aware of it.
Seeing as no one else wished to appear, Chair Vogt closed this portion of the hearing at 11:52 a.m.
Motion by Vogt, seconded by Halfen, to approve the special exception permit with the conditions listed by Planning and Zoning. Motion carried 5-0.
Motion by Allen, seconded by Halfen to adjourn. Motion carried.
Meeting adjourned.
Respectfully submitted,
Robert Roloff,
Secretary