Wednesday, July 09, 2008

Wisconsin Ranked 37th in Best Places To Do Business

I'm not surprised, but many might be. Wisconsin, according to a CNBC poll, is ranked 37th in a Best Places to do Business Poll.

37th? Out of the 50 states we aren't even ranked in the top 1/2. Why is this? I have my theories, our overreaching public legistlative bodies would rank right up there for 1. How about issues such as quality of work force, cost of doing business, the economy, etc... We didn't even hit the top 5 states for quality of life.

Guess what state was ranked #1. TEXAS.

Wednesday, June 18, 2008

SHORELAND AND RIPARIAN MANAGEMENT PLAN


Here we go again. Just to confuse the issue, Dane County, in it's infinite wisdom is now trying to expand their reach with regard to "shoreland" and "riparian" property owners.

The new plan being proposed is even more broad reaching than anything having to do with the current Ordinance Amendment 2 in that if it is passed, it will affect not only "shoreland" owners in the towns throughout Dane County but also all cities and villages.

Currently we estimate this to impact a MINIMUM of 44,000 properties within Dane County.


Those watching this have asked for an economic impact study to be completed on this. This first request was made earlier this year and as yet to be acting upon.

HOW DO THEY NOT SEE WHAT THE ECONOMIC IMPACT WOULD BE TO THIS?

Here's the point, all of those 44,000+ properties, if this passes, would be deemed "non-conforming use". This becomes an issue for resale, improvement to the property and truly limits each property owner's property rights.
As I receive more information on this, I'll be certain to post it here. We are focusing our resources to get the word out about this.

Tuesday, June 03, 2008

Minutes From ZLR Meeting May 27, 2008

The minutes of the marathon Zoning and Land Regulation meeting are now published. Here's teh excerpt dealing with O.A. 2


"19. Ordinance Amendment No. 2, 2008-2009: Amendment Chapter 11, Regarding Lot Size and Coverage in the Shoreland District.

  • IN FAVOR: 11 members of the public spoke in favor of the ordinance amendment with and additional 11 members of the public registering in support.

  • OPPOSED: 8 members of the public spoke in opposition of the ordinance amendment with an additional one member registering in opposition.

STAFF: DNR letter dated March 18, 2008 in regards to the ordinance amendment.

TOWN: No town correspondence.

Motion by Matano / Hendrick to amend the proposed ordinance amendment to reduce the lot
coverage found under line 18 to 10%; Motion failed, 2-3 (nay: Jensen, Miles, and Solberg)

Motion by Miles / Jensen to recommend approval; motion carried, 3-2 (nay: Hendrick and Matano"

A Letter to Friends of Lake Kegonsa

Eric Frey, a Lake Kegonsa property owner and a passionate advocate for the rights of all who own property in the shoreland zone forwarded the following to me:

URGENT -
SHORELAND PROPERTY RIGHTS ARE IN JEOPARDY

In the Dane County Code of Ordinances, shoreland district property is defined as 1,000 feet from a lake (Lake Kegonsa) or 300 feet from a river or stream. If your property is located in this area and is “substandard” (defined as less than 20,000 square feet (unsewered), or 15,000 (sewered) and less than 100 feet wide at the building setback line), your ability to build, remodel, or rebuild your home has been restricted by County and Board of Adjustment (BOA) actions over the last two years.

The sale of all Dane County lake property has also been impaired as a result of these actions and the need to disclose this current situation with substandard lots is required for sellers. All “grandfather” provisions for smaller properties (more than 90% of all Lake Kegonsa properties) have been taken away. Any changes being considered with properties on substandard lots must now go through an extensive and possible costly variance process with no guarantees of obtaining a building permit. The opportunity to apply for a variance is simply no substitute for a vested right to build, rebuild, or remodel on your own property.

A Progressive Dane political movement is pushing many of the Dane County Supervisors to stop or slow down any and all development around Dane County lakes under the guise of protecting clean water. We all can do more with our properties to control runoff. However, the two biggest issues that affect Lake Kegonsa water quality are 1) storm sewer runoff from high density areas like the City and 2) farmland runoff. In 2008, cities are only required to filter 20% of all storm waters, so visualize the impact the City of Madison has on a water body. Many of the public works staff contacted are not sure how they get to the 40% requirement by 2013, but others still want to take your lake property rights away. Over the last two years, Eileen Bruskewitz, a shoreland property owner and County Board Supervisor, has almost single handedly tried to reinstate the grandfather provisions we once had with our highly taxed, substandard lots. This past week, Ordinance Amendment No. 2, which she sponsored along with Sup. Patrick Miles, successfully passed the Dane County Zoning Committee and will go before the Dane County Environment, Agriculture and Natural Resources Committee (EANR) on July 17th.

Although OA No. 2 doesn’t fix all properties, it goes a long way in fixing properties that equal or exceed 7,500 square feet and are at least 50 feet wide at the building setback line. This improves property rights for approximately 90% of all lake properties that are smaller than 15,000 square feet (sewered). OA No. 2 needs to pass the EANR committee so it can be forwarded on to the full County Board. If OA2 fails at the EANR Committee, we face an uncertain future with the Board of Adjustment.

There is another attack on our lake properties from the Lakes and Watershed Commission with their “Shoreland and Riparian Management Plan” followed by the proposed changes to “NR115 – Wisconsin’s Shoreland Management Program”. We are heading into a new paradigm shift and all lake property will be the target of future restrictions that will impair values and cost us additional dollars. If you don’t think values have been hurt by all this uncertainty, call a realtor or look at some recent sales that were for significantly less than the beginning asking price or prices from two to three years ago. Also, the number of properties for sale speaks for itself. Why am I paying so much in real estate tax dollars?

What do we do from here? First, we all need to call our County Supervisors and express our concerns, and ask them to get OA No. 2 through EANR (Pat Miles, 838-6866 and Donna Vogel, 873-8863). Next, we need shoreland district property owners to attend the EANR Committee and show support for OA 2 on June 17th and again when the full County Board takes up this ordinance (sometime in July).

I urge you to join us for the EANR June 17th meeting (5:45PM at the City Counting Building) and look forward to speaking with you regarding this very urgent matter. Feel free to call me in the evenings or talk to the board members of FOLKS.

Sincerely,

Eric Frey
Lake Kegonsa Property Owner

Tuesday, May 27, 2008

UW Arboretum Neighbors...Do as we Say, Not as we Do

I just got home from a meeting of the Dane County Zoning and Land Regulation Committee. The hot topic tonight was the proposed Ordinance Amendment 2 dealing with lots in the Shoreland Zoning District. Specifically changes to Dane County Zoning Ordinances Chapter 11.

What I found amazing is that the group that seems to be leading the charge on becoming more restrictive on what can be done with lots within the shoreland zone are those folks who live near the UW Arboretum in a small pocket of homes called the Forest Park Plat in the town of Madison.

This small enclave is approximately 60 homes built from the late 1930's until the mid 1980's and falls between Vilas Zoo and the beltline in a small pocket abutting the UW Arboretum.

It's a beautiful and tranquil piece of Madison most don't know about. Heavily wooded, very little traffic except for bike riders and runners and overlooking the southern shore of Lake Wingra.

In addition, these 60 some homes are all served by private septic systems to handle each home's waste removal. Septic systems in the center of the city of Madison, on the shores of Lake Wingra. How can this be in this day and age? It's simple, this group of homeowner's have refused to participate in the cost of bringing municipal sewer into their neighborhood.

I find it ironic that they are the same group that seems to turn out in force when it comes to dealing with the property rights of other Shoreland District property owners. They lead the charge of not allowing these other owner's do improve their lots arguing the environmental impact of such development.

What about the environmental impact of failing septic systems with 1000' of shoreland in and around Lake Wingra? Almost every other landowner near shoreland has been required to bring municipal sewer to their homesites. Around Lake Kegonsa and Lake Waubesa this has happened. Many times in a much more rural setting than the Forest Park plat.

It's time we focus on this hypocrisy of these "elitists" for what they really are trying to do.

Friday, April 06, 2007

New Zoning Administrator Named

Dane County Executive Kathleen Falk announced that she has filled the vacant seat of Zoning Administrator yesterday. See the related story in the Wisconsin State Journal here.

I don't know much about Roger Lane but hopefully the additional of someone on staff in this department will help move all issues forward regarding the Zoning Department for Dane County.

Time will tell.....

Sunday, April 01, 2007

Here We Go Again!


Just when I thought this fight regarding private property owner rights and county government was at bay there's a new ordinance amendment floating through the channels that would take away the grandfather clause of any substandard lots in the shoreland district for EVER!

In a bold move, Sup. Bruskewitz has proposed an amendment to Ch. 11 of Dane County zoning ordinance stating that substandard lots in a shoreland district may be used as a building site. This passed through the Zoning and Land Regulation committee on a 2-1 vote last week.

Sounds good right? Wrong. The fear is this amendment will see an amendment added to change the word "may be used as a building site" to "may NOT be used as a building site". This may happen when this amendment comes before the full Dane County Board. The next meeting of the Dane County Board is slated for Thursday, April 4 at 7 p.m. As of today there's nothing regarding this amendment on the agenda. The next meeting will then be April 19 at 7 p.m.

Saturday, March 03, 2007

Let the Fight Begin

For those following the process I've gone through in getting "approval" to build 2 homes on lots purchased near the UW Arboretum in January 2006, you might know we've been granted the variance requests we were pursuing on February 22, 2007.

Time to celebrate right?

Wrong, this is just the beginning of a larger battle. 1 week prior to the variance hearing in front of the Dane County Board of Adjustment, my business partners and I filed suit in circuit court against the Dane County Board of Adjustment. Some might think now that our variance has been granted, we should drop this suit. This is not our intent. Let me explain why.

The basis of the suit is over a decision the BOA made in November 2006 which now requires any and all property owners who fall with in the Shoreland Zone (within 1000 feet of navigable lakes, rivers, streams) must now request a variance for any type of improvements being done on their land if their lot is considered "substandard" by current zoning code. For this purpose, a substandard lot is one that is less than 15,000 sq. ft. in size if the lot is serviced by a municipal sewer system or 20,000 sq. ft. if the lot is serviced by a private septic system. For some context on how large these sq. ft. requirements are for a sewered lot it would need to be 100x150 feet in size to meet the minimum requirements. The 20,000 foot requirement for a lot serviced by septic would be NEARLY 1/2 Acre in SIZE .

Needless to say, our expectation is this will affect well over 1000 property owners in Dane County and could even be greater than that.

So here's how it now works. You own property which is now considered a substandard lot. You decide you'd like to add on to the home to create more living space for you and your family. Your addition doesn't exceed any setback requirements, lot coverage maximums, etc... You make a trip to Dane County Zoning to apply for a zoning permit to start your project. You are now told you must file for a variance request with the BOA. This filing has a deadline of approximately 1 month prior to the next meeting to be placed on the agenda AND you must pay a filing fee of $350. Let's say you missed the deadline for the next meetings agenda, you must wait nearly 2 months to have your variance request heard!

Now you're starting to get mad because it seems the rules have changed and you had no idea that this had happened. Welcome to the world of Dane County land use politics!

This is the reason we're continuing with our lawsuit. I would invite anyone interested to let me know if you'd like to be included in the suit as we've already had other interested parties join in.

You can reach me at 608-662-9501 or e-mail darren@idcnet.com