Aboretum Dispute is truly NIMBy

Neighborhood Association’s Dispute Not about Protecting Environment; But Protecting Own Backyard

Driving through the UW Arboretum on a crisp Sunday afternoon in fall, surrounded by amazing colors and fresh off a Badger football win, you are hit with a simple realization: there really is no better place to live than right here in Madison.

Unfortunately, this year my perception of this pristine area has changed a bit. If you continue on your drive through the Arboretum, you will come to something quite ugly. In this adjacent “Forest Park” neighborhood sits tattered real estate signs, as well as “Protect the Arboretum – Oppose the Developers” signs.

You see, I am the “developer.” While this area remains one of the most beautiful neighborhoods in Madison, a nasty wind is blowing in the form of an ugly land use fight.

Back in January, my partners and I bought a home and three adjacent lots at a fair price from a longtime resident and supporter of the Arboretum. The zoning at the time of purchase, as it’s been since the 1930s, allowed for construction on these sites.

We have proposed building two homes on these three lots. Since that time, it has become very apparent that the Arboretum Homeowners Association – with many UW professors listed as members, are ready to do whatever it takes to ensure no one else has an opportunity to do what they once did: build a home for their family in one of the most premier areas of Madison.

We have followed every channel to the letter of the law and have already been granted our zoning permits. Their trump card? Making claims that these two homes will destroy the Arboretum and Lake Wingra.

One of their biggest assertions is the two new septic systems will further tax the environment. What isn’t being discussed by this group is that the majority of their septic systems are outdated, some as old as 60 years. I shudder to think what these are doing to Lake Wingra.

And while they clearly don’t want our two homes built, it seems there is no issue with building if you already live in Forest Park. If you listen closely, you can hear the drone of power tools, as a house across the street from our lots (and closer to the lake) is undergoing an extensive remodeling job.

Realizing that we are in compliance with all county zoning laws and plan to build two homes that will meet Wisconsin Energy Star Standards and be eco-friendly, they’ve now attempted to change those laws and make them retroactive.

The proposed legislation they are trying to pass will affect over 1,800 property owners in Dane County. Most of those property owners have no idea this will impact them.

It’s time for honesty on this issue from the Homeowner’s Association. This isn’t about the environment and it’s not about protecting the Arboretum. It’s about protecting their view of the lake and what’s in their own backyard.

Reason Has Prevailed

Dane County Supervisor Kyle Richmond has issued the following press release:

Ordinance Amendment 10

It seems the efforts of everyone to help those Dane County Board Supervisors who felt using the system to change the rules in an effort to please the few have paid off.

Let's be vigilant and make sure this doesn't "almost" happen again.

Thanks again to everyone who helped defeat this measure.

Yet Another Attack on Private Property Rights

Town of Perry (Southwest Dane County)-


In yet another attack on private property rights comes a story from southwest Dane County and Perry township.

Seems a land owner (Sean Timmons) came to the town land use commission, applied for a conditional use permit for the ability to create a kennel in which to house and train hunting dogs. Was granted his conditional use and started to move forward with his plans.

At that time some of the neighbors, allegedly stirred up by Town Board Chair and Dane County Supervisor, Pat Downing, decided this wasn't a good use of his property and have now asked the Perry township board to rescind their decision.

For more details on this visit the following link Residents: Area May Go to the Dogs

To date the only member of the Perry Town Board to want this rescission is Chair Downing. Board members Roger Kittleson (my father) and Larry Price have held their ground and continue to believe their initial decision was correct.

Kudos to them!

What's next:

This issue will be in front of the Dane County Zoning and Land Regulation committee tonight, October 24 at 7:30 in Room 201 of the City-County Building.

Neighborhood Conservation Districts? What's Next?

A moratorium on any construction within the city of Madison?

Tonight, the Madison Plan Commission will hold a public hearing on their newest idea to limit construction and growth within the hallowed walls known as the city of Madison.

The idea known as the creation of "Neighborhood Conservation Districts" is a bad one! If passed in it's current form it will allow a group of neighbors to create what's know as "Neighborhood Conservation Districts" in which the "district" will have the ability to dictate such building items such as size and scale, look and features, etc....

Don't get me wrong. I'm a huge proponent of planning and development done is a way to maintain an integrity of an area. What worries me most is we will be giving that ability to legislate or dictate away from the professionals on our city planning and development staff and dropping it into the hands of untrained neighbors.

Please, please, please contact your city Madison Common Council member to get more information or voice you opinion on this.

Show up tonight:
City of Madison Plan Commission
5:30 p.m.
Madison Municipal Building (215 Martin Luther King, Jr. Blvd.)
Room 260

Plan Commission Agenda

Proposed Ordinance

What's Next?

Committees Decide to Not Make a Decision

October 18, 2006

With over 3 hours of public comment regarding Ordinance Amendment 10 to Chapter 11 of the Dane County Zoning Ordinance the joint committees of Zoning and Land Regulation and Environment, Agriculture and Natural Resources chose not to take action on OA 10.

Per my records, the turnout of concerned Dane County residents was tremendous. Tremendous and one sided. 19 residents spoke against the Ordinance Amendment, 7 spoke in favor. There were 52 residents in attendance who registered opposition to the Ordinance Amendment and 9 who registered in favor. This places the attendance tally at 71 (82%) against Ordinance Amendment 10 and 16 (18%) in favor.

I believe our concerns were heard. I believe heard loud and clear.

In fact, much to the credit of some of the Dane County Supervisors who serve on these committees they are rethinking their positions regarding OA 10. Supervisor Patrick Miles, who represents residents with property on Lakes Waubesa and Kegonsa (District 34) spoke about the need for more time to have all questions posed by many of those who spoke, answered. He suggested ways of addressing the issue of water quality and environmental protection in the shoreland areas with ideas such as creating incentives for those property owners in shore land regions for improved storm water management as well as creating opportunities to address the concerns of impervious surfaces during design and construction in these regions vs. restricting any construction. He also stated that he felt "this wasn't the right time for this amendment" and that we should work with the State of Wisconsin as they work toward the passage of revisions to NR115 (NR 115).

Supervisor Rich Pertzborn, chair of the Zoning and Land Regulation committee, who represents District 36 (District Map) commented about the need to protect land rights vs. concerns about the environment and how we strike that balance.

What amazed me most was the lack of leadership, understanding and direction from Ordinance Amendment lead sponsor and Environment, Agriculture and Natural Resources committee chair,Kyle Richmond. He represents District 27 (District Map) which is part of the town and city of Madison. Supervisor Richmond drafted this Ordinance Amendment without garnering input from the staff of Dane County Planning and Zoning. A department in county government, which in my opinion, is one of the best in the entire state of Wisconsin. Why a county board supervisor, whom I believe has very little if any formal education in land use and planning, (resume )felt QUALIFIED to draft such an amendment is beyond me. The fact that he chose not to utilize staff on this tells me he doesn't make good decisions when it comes to altering county ordinance. The fact that he hooked other County Supervisors into his game is disappointing. The fact that those others now realize what happened is encouraging.

Bottom line, this Ordinance Amendment ALMOST PASSED into county law at the Dane County Board of Supervisor's Meeting on September 21, 2006. If it wasn't for the efforts of many great people, this would have been the case.

WE CAN'T LET THIS ALMOST HAPPEN AGAIN!

We need to be vigilant on all workings of the Dane County Board of Supervisors. We need to continue to watch their agendas (County Board Home Page) and be certain what is being walked through the committees is good for Dane County, it's citizen and especially property owners.

A huge thank you needs to go out to the many who rallied around this issue. The Wisconsin REALTORS Association, Vicki McKenna and Brian Schimming of WIBA-AM, the following Dane County Board Supervisors who didn't let the county get taken for this ride:

Supervisor Duane Gau
Supervisor Vern Wendt
Supervisor Eileen Bruskewitz
Supervisor Dale Suslick
Supervisor Gerald Jensen

Also, the concerned members of the Yahara Lakes Association who, as stewards of our lakes and rivers truly have concern about the health of our waterways but understand that happens in many other ways than simply limited the rights of property owners on or near our lakes and waterways.

What's Next?

Zoning and Land Regulation Committee
Meeting Tuesday, October 24, 2006 7:30 p.m. Room 201 City County Building

Environment, Agriculture and Natural Resources Committee
Meeting Tuesday, November 7, 2006 Time and Location: To Be Determined

What Can You Do?

1) Contact your Dane County Board Supervisor Supervisors List and let he or she know that you want this amendment stopped! You might be impressed how impactful a phone call, letter or e-mail from a constituent can go a long way in a Supervisor making good decisions.
2) Write a letter to the Editor of the regional papers Wisconsin State Journal or The Capital Times and your local weekly publications.
3) Speak with anyone you know about this whether or not they are shore land property owners. This isn't simply a shore land issue, it's really a property rights issue.

Behavorior of Adults who Don't Agree with our Plans

Attached to today's posting are copies of the sign riders "created" by those opposed to the project being planned in the Forest Park plat near the UW Arboretum.

These riders were attached to the "For Sale" signs posted on the 2 buildable lots in this subdivision.

Along with the photos included in this post, someone has felt the need since last winter to continually damage and in some cases destroy the "For Sale" signs legally posted on property owned by my company, GCK Investments, LLC.

I understand that some believe we shouldn't have the right to do what we're planning on these 2 buildable lots. If current zoning didn't permit what we're proposing, they would have a valid arguement.

Current zoning does permit construction of 2 homes on this land.

Another arguement is that we are simply "money grubbing profiteers" who don't care about the environment but simply care about profit. I admit, we are a for profit company. Our hope is to create 2 homes for 2 new residents in this great location on what is considered and "in-fill" location.

Infill development is closely related to the principle of smart growth. Infill development involves building and developing in vacant areas in city centers or urban settings. This promotes the betterment of these city centers and leaves rural areas and open spaces undeveloped. Advocates state that infill development can reduce traffic congestion, save open space, and create more livable communities.

The Forest Park plat truly meets the qualifications of infill as defined.

My construction company is a Wisconsin Energy Star ( www.energystar.gov) and Green Built Home ( www.greenbuilthome.org) firm. We utilize the most eco-friendly technologies in the homes we design and construction. We utilize 2006 technology in all of our practices including storm water management and septic systems. Many of our neighbors in this subdivision are using septic systems installed as many as 60 years ago. How can that possibly be environmentally sound?

Bottom line, what we are proposing to construct, have the legal right to construct and plan to construct are 2 homes that will not impact the environment of the UW Arboretum any more or less than those homes being occupied by those choosing to vandalize or property, trespass and harass us.

I'm incredibly disappointed that many of these people are esteemed educators within our University of Wisconsin.

I can't prove that these are the same individuals using childish tactics to lash out at us, but it would seem to be a possibility.

Dangerous Precedent Proposed as Arboretum Neighbors Attempt to Legislate to Keep Anyone Else out of their Neighborhood

Dane County Zoning Committee Public Hearing Tomorrow for Ordinance Amendment

Ever since residents of the Forest Park neighborhood adjacent to the UW Arboretum discovered that two homes were to be built in their neighborhood, they have decided that no step is too far to prevent the construction.

This includes proposing an amendment to Dane County Zoning Ordinances that would negatively impact over 1,800 homeowners and thousands of parcels of land around Dane County.

Tomorrow night, the Dane County Zoning and Land Regulation Committee and Environmental, Agriculture and Natural Resources Committee will hold a public hearing on this Ordinance Amendment on October 18, 2006, at the City-County Building beginning at 5:30 p.m. in Room 210.

“This has gone on long enough and we encourage citizens to attend this meeting to let their views be heard,” says Darren Kittleson, the local builder who owns the lots. “You can’t attempt to legislate retroactively when things don’t go your way. We have been in compliance with all zoning laws and have every right within the law to build these two eco-friendly homes.”

Kittleson also stated that many of the 1,800 landowners have no idea that this ordinance amendment is being proposed or how it will impact them.

“The Arboretum Neighborhood Association has said our septic will harm the environment; yet many of the 56 homes in the Forest Park neighborhood have systems close to 60 years old that could be leaching into Lake Wingra. They clearly don’t want any more homes built, yet as we speak, an extensive remodeling is going on just down the street from where these lots are located,” he said. “Tomorrow night’s committee is one more way they are proving they don’t care who they affect in Dane County, as long as they protect their backyard view.”

Kittleson has followed every channel to the letter of the law, applied for all necessary permits and has already been granted necessary zoning permits.

“At every opportunity the facts have been terribly misrepresented by the neighborhood association,” he said. “Their actions in recent months have proven that they will stop at nothing to keep out any other families in this premier neighborhood.”

Kittleson concluded, “It is my hope this committee will see pass the antics and selfish desires of this association and do the right thing for all Dane County residents, not just those living in the upscale areas. This isn’t about two homes; it’s about setting a dangerous precedent that could impact every resident of Dane County.”

The Truth About Forest Park Controversy

The Simple Facts about the Forest Park Neighborhood Controversy
Double Standard of Arboretum Homeowners Assoc. Offends All Dane Co. Landowners

1. Issue: The UW Arboretum Neighborhood Association does not want two new homes built in the Forest Park neighborhood, as well as the remodeling of an existing home adjacent to the UW Arboretum. They are claiming that any new construction or remodeling projects will hurt the environment.

Fact: A building permit was issued on 8/24/2006 for an existing home literally across the street from the proposed site of the two new homes. The extensive remodeling which is currently underway on this existing home, which is actually closer to Lake Wingra, includes the addition of a two car garage, an additional bedroom, additional bathroom and deck. It seems construction under their terms is ok, but not for anyone else. This clearly is a double standard and not the way Dane County operates.

“Clearly this group has no trouble with construction on their neighbor’s homes and on their terms. If they did, they would have vehemently opposed this extensive remodeling job at 2601 Arboretum Drive,” said Darren Kittleson. “They are just opposed to the homes they don’t like or want in their neighborhood. This is a neighborhood filled with UW professors and intellectuals who clearly feel they have a right to dictate who lives in this pristine area. Dane County residents should be outraged at their elitist actions.”

2. Issue: The neighborhood association has stated that the septic systems of any new construction would tax the environment and hurt Lake Wingra.

Fact: Many homes in the neighborhood have aging septic systems, including some thought to be over 60 years old. Even Ronald Kalil, a prominent UW professor and the head of the neighborhood association on his website, states “…the capacity of the land in the unsewered segment of the Arboretum Neighborhood to filter waste water is being stressed by the existing septic systems. Adding three new septic systems likely will increase the leakage of contaminants into the soil, compounding the adverse affects on the UW Arboretum and Lake Wingra that already may be underway.”

There has been no discussion in the press from the neighborhood association about replacing their aging septic systems. According to the “Water Supply in Dane County” report by the Dane County Regional Planning Commission, failing septic systems are cited as a main cause of elevated nitrate levels. On the contrary, any new homes built will have state-of-the-art systems that are not leeching into the environment.

“The neighborhood association appears more than willing to fight to stop two new homes from being built, but is unwilling to do their part to stop their polluting of Lake Wingra with aging septic systems,” said Kittleson.

“If they were true guardians of the lake, then they would do whatever possible, be it new septic systems, hooking up to City of Madison sewer, or as we proposed to Kevin McSweeney, the Director of UW Arboretum, creating an association-wide covenant that would put in place regulations for building size, materials and green space.”

“The neighbors know full well it is not about the protection of the environment,” he continued. “The issue is they don’t want these two homes going up and blocking their view of the lake.”

3. Issue: Because other routes have failed, the neighborhood association is attempting to change Dane County Zoning Ordinances to prohibit these two homes from being built. The amendment proposed would impact over 900 parcels of land and over 350 land owners.

Fact: When the land was purchased, it was zoned residential, as it has been since homes began being built in this neighborhood in the 1930s. Desperate to do whatever they can to stop the building of two eco-friendly homes that are actually smaller than many homes in the neighborhood, they are attempting to change Dane County’s zoning laws.

“Once again, this group has proven it will do whatever it takes to stop these two homes from being built in their neighborhood. They have seen our blueprints and know we are proposing homes that fit perfectly into the neighborhood both size and material wise,” said Kittleson. “Since they saw we were in compliance with all county zoning laws, they have attempted to legislate this issue and don’t seem to care it will impact over 900 other lots in Dane County. Most of those property owners have no idea this will impact them.”

The Dane County Board of Adjustments will vote on the amendment that will impact these 900 parcels of land on October 26, 2006
The Dane County Zoning and Land Regulation Committee and Environmental, Agriculture and Natural Resources Committee will hold a public hearing on this Ordinance Amendment on October 18, 2006 , at the City-County Building beginning at 5:30 p.m.

4. Issue: The Homeowner’s Association has stressed that the sole purpose of this project is for the profit of the developers.

Fact: Every home in the Arboretum that has sold over the past 20 years has been sold for a profit. To illustrate, a home sold in 1991 on 2510 Marshall Parkway for $250,000, then sold again in 2005 for $803,000. “I think those sitting in expensive glass houses should not be throwing stones,” said Kittleson.

5. Issue: The association is stating that these homes are within 1,000 ft. of shoreland and are on substandard sized lots and because of this, they should not be built.

Fact: Since 1950, under the exact same laws that are in place today, five other homes that meet the same criteria of the proposed homes have been built. If the intention of the current ordinance was to prevent building, these five homes would not have gone upbeen built. In addition, the home undergoing an extensive remodeling on 2601 Arboretum Drive is actually closer to the lake than the proposed site of the two new homes.

“We have followed every channel to the letter of the law, applied for all necessary permits and have already been granted our zoning permits,” says Kittleson. “At every opportunity the facts have been terribly misrepresented by the neighborhood association. Plain and simple, they are not against building in the arboretum. Rather, they are against these two homes being built in their neighborhood. Perhaps they don’t want a home blocking their view. Or even worse, now that they have secured their own spot in one of the most premier areas of Dane County, they don’t want to let anyone else in.”

Are We Really Running Out of Land?

If You Believe the Extremists, the answer is "yes". But the Reality is Far Different.

When you shake out the myths, rumors and misconceptions, the number tell another story. According to Michael King, division administrator for the Community Analysis and Planning Division (CAPD) of Dane County's Department of Planning and Development, Dane County Wisconsin encomposses 1,196 square miles. At the beginning of this century, about 9 percent - roughly 103 square miles - was developed. His projections, made as part of an overall outline for planning and urban development in the area, suggest that another 42 square miles will be developed between now and 2030, bringing the total to 12 percent of the available land.

According to CAPD statistics, in the 30 years from 1970 to 2000, Dane County grew 1.29 percent, adding about 136,000 residents. Projections call for an additional 153,000 new residents to make their homes here by 2030- a growth rate of 1.03 percent.

While Dane County Wisconsin may be one of the fastest growing counties in Wisconsin, it is hardly the subject of a mass migration-if the CAPD numbers are to be believed, the rate of growth is actually slowing.

The myth that by developing new residential neighborhoods we are using up all the valuable cropland and taking away from Wisconsin's rural charm is just that...a myth. Given the county's projections, in 2030, 88 percent of Dane County's land will still be covered in trees, wetlands, corn and soybean fields or some other "green space". Residents of Madison, Wisconsin will still be able to drive 15 minutes in any direction and be "in the country". And, as modern agriculture contineus to bring new crop varieties and technology online, area farmers will continue to generate record yields from fewer and fewer acres of land. The days of planting every square acre available just to bring in a viable crop are long gone. Today's farmer concentrates his or her efforts on their best, most productive acreage to get the highest return on their investment of time and resources.

---Provided by Madison Area Builders Association, September 2006

Post by Darren Kittleson, Principal, GCK Investments, LLC