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October 25, 2010 Board of Appeals Public Hearing- A to Z Hydraulic Variance Minutes

Board of Appeals
Variance Hearing
Petitioner: A to Z Hydraulics (Victor & Susan Valentino)
October 25, 2010
6:30 PM
Lamartine Municipal Building Meeting Room

This variance hearing was requested by A to Z Hydraulics (Victor & Susan Valentino) asking for a variance in the 100-foot setback from the center of the road to 50-feet to allow for a building to be constructed. The property is located at W8250 Lincoln Road, in the Town of Lamartine, Fond du Lac County, more particularly described as:

S34 T15N R16E Plat of Village of 7 Mile creek that PT NW ¼ NE ¼ LGY SE of Hwy & W of SD Creek Exc Lot 35 & Exc CSM #625-5-45 & Exc V1316-385 & Exc V1438-323 (734369) in the Town of Lamartine, Fond du Lac County, Wisconsin. The size of the lot is two (2) acres. Parcel #T12-15-16-34-02-002-00.

Present at this hearing were Board of Appeals (BOA) members, Greg Michels, Chairman; Mike Pittler, J. Peter Braun, Bud Guenther, Roger Searl and petitioners Victor and Susan Valentino.

With all notices having been properly posted and published Chairman Michels called the meeting to order. He explained that this meeting would be informal and everyone wishing to speak would be heard.

The letter of intent was read aloud. The letter dated September 24, 2010 requested a variance in the set back from the minimum allowed by the town of 100-feet to the center of the road to 50-feet from the center of the road, to construct a storage building. The letter further stated that the back half of the property is wetlands and a drainage ditch, put in by the county, runs through the center of the property.

Chairman Michels asked the petitioner if there were any additional comments to add to the letter of intent. Mr. Valentino showed a map of the property and building specs to the BOA.

Chairman Michels explained the BOA sends a letter to Fond du Lac County Planner, Sam Tobias and the Town Building Permit Issuer, Pete Michels asking for an opinion on the variance request. The Clerk read an email the Town received from Sam Tobias. The email dated Monday, October 25, 2010 stated that he (Tobias) had looked at the materials sent to him. He check the DNR wetland maps and discussed this property with County Code Enforcement Officer “Spike”. Tobias and Spike have never seen a letter from the DNR stating that the back of this property is DNR mapped wetland. Tobias felt that enforcement of the 100-foot setback easily leaves a substantial portion of the Valentino property developable. He than stated that he had made a quick visit to the property the day of this email and appeared to him that this variance request is after the fact. He saw the prepared building past toward the west side of the property. His final statement is that he did not see any grounds for a variance on this large lot.

Discussion took place as to this area being a DNR wetland or not. It was clarified that the comment made by Tobias regarding the variance request being after the fact was incorrect. The building that he saw constructed was put up a year ago and a variance in set back was granted for this building at that time. Town Chairman Frank Bartzen who was in attendance at this meeting stated that the DNR did establish a delineation line that Valentino could not go beyond. Bartzen further explained that it is not a wetland but a filtration area that has to be kept clear. BOA Chairman Greg Michels asked the facts be established is this a wetland or not. Bartzen stated NO it is no, it is a filtration area that must be kept clear.
No opinion was offered on the request submitted to Town Permit Issuer, Pete Michels.

Further discussion took place regarding the back portion of this property being a wetland. Bartzen spoke with David Jacob who performed the survey on Valentino’s property and he reported that he spoke with Spike at Cty Code Enforcement and he told David that this area was not a wetland.

With no further discussion, Pete Braun made a motion to grant the variance as requested. Harold Guenther seconded the motion.

Chairman Michels called for a vote stating that a YES vote would mean the variance should be granted and a NO vote would mean the variance should be denied. Let the record show that five (5) paper ballot votes were cast with the following results.
Greg Michels— YES, Roger Searl— YES, Mike Pittler— YES, Bud Guenther— YES and
J. Peter Braun—YES. The Board of Appeals voted 5-0 to grant this variance request.

Roger Searl seconded by Mike Pittler made a motion to destroy the ballots. Motion carried

The Board of Appeals stated that the reason for granting this variance request were based on meeting three (3) criteria described in the Zoning Board Handbook – UW Stevens Point Land Use Education Center Pages 23, 24 & 25.
1. Hardship—Cannot build farther off the road due to low land area
2. No harm to the public
3. No neighbors objecting to the variance request

Roger Searl seconded by Harold Guenther made a motion to adjourn the meeting. Motion carried and the meeting adjourned at 7:00 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Municipal Clerk

NOTE: Attached to these minutes is a copy of the survey map by David Jacob dated 9-9-2010.


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