Filed: 9/15/09

Richland County

Office of the Zoning Administrator

Courthouse

181 West Seminary Street

Richland Center, WI 53581

608-647-2447

www.co.richland.wi.us/departments/zoning

Richland County Board of Adjustments Meeting Minutes

September 3, 2009

Item # 1 The board meeting was called to order by Chairman Sebranek at 1:00pm. Those present or who signed up to speak were Tina Marshall, Kelly Pauls, Randy Heims, Tom McGlynn, Gilly Moe, Allen Rippchen, Dennis Dosch, Sandy Schmelzer, Alex Christianson, Harriet Pedley, with Cheryl Dull taking minutes..

Item #2 Motion by Moe, seconded by Heims, to approve the publication and agenda. Motion carried.

Item #3 Motion by Rippchien, seconded by McGlynn to approve the August 6, 2009 meeting minutes. Motion carried.

Start of Public Hearing 1:01.

Item # 4 The board heard a petition from Brook Pauls to request a variance to the requirement of one seconday accessory structure in the Residential-2 zoning district to two secondary accessory structure in Section 32 of Buena Vista Township.

Discussion: Mr. Pauls’ mother sold her property where the proposed structure is and they want to move it to their property. Sandy Schmelzer, a neighbor, asked if the building will be seen from their property. Kelly Pauls told them that they would not so Schmelzer stated she was not opposed. Kelly Pauls brought in the township letter with her and stated the township reviewed the petition and approved their request on August 13, 2009. The structure in question is 40 x 35. Pedley inquired about the unique property limitation as being “none” on the form that was turned in. She stated that there actually is a unique property limitation in this instance as the township zoned this property in the early 1980’s as Residential-2 where only one secondary structure is allowed. The Pauls’ own 6.04 acres in this area and the minimum parcel at that time was one acre. Assuming that the parcels created in this area would be one acre, normally there would not be enough area for a secondary structure. The Paul’s stated that they need to get their collector cars, boat, motorcycle, 2 snowmobiles, plow, 4-wheel ATV under cover and can’t do that with the structures that exist. They stated on their form that no harm would come to the public since they own enough land that most of the neighbors would not see the proposed structure nor would they have to create a new driveway on their property. Pedley stated that no other neighbors were heard from

After hearing the testimony and reviewing the provided information from the petitioner and the zoning office there was a motion made by Moe, seconded by Heims to approve the petition and allow 2 secondary structures on the property with all members voting in favor for the same reasons. Motion carried.

Item # 5 The board heard a petition from Dennis Dosch to request a variance to the required setback of 70 feet to construct an accessory building on a town road to 33 feet; a 37 foot variance in Section 30 of Marshall Township

Discussion: Dosch stated he wants to construct a 32 x 38 garage. The proposed setting would be 37’ off the road right of way which does not meet the 70’ setback requirement. Dosch stated that a garage is a permitted use in his zoning district and because of problems with the property, he has no other choice as to its location. The unique property limitation closeness of his existing septic system and an area that is a natural drainage way for water coming across Elm Tree Lane. He stated in his paperwork that this area would take an enormous amount of fill. He provided the board with a map of the property along with photos showing the limitations of the property.and there is currently no garage on the property. He also stated that Elm Tree Lane is a dead end road and he is the only year round resident that occupies a home on that road. Pedley stated that no neighbors were heard from.

After hearing the testimony and reviewing the provided information from the petitioner and the zoning office there was a motion made by Rippchien, seconded by McGlynn to approve the petition to allow a garage to be built 33 feet from the centerline of Elm Tree Lane, a 37 foot variance with all members voting in favor for the same reasons. Motion carried.

Item # 6 The committee heard a petition from Robert Rizzo to request a variance to the required 35 acres in the Agriculture/Forestry zoning district to 30.6 acres in Section 36 of Willow Township.

Discussion: The Rizzo’s were represented by Tina Marshall of Marshall Real Estate. She stated the Rizzos own 243 acres and there is an offer to purchase for Parcel “B” on the plat of survey provided. Parcel “A” is property owned by the St. Paul’s Lutheran Cemetary and this property ended up being larger than the Rizzo’s thought. Parcel “C" is the parcel in question. The DOT purchased land from the Rizzo’s when they improved Highway 154 which leaves them with a separate parcel. It is the intent to put the 30.6 acres on the market but because it is less than 35, the variance request is necessary. Presently, the land is not developed but if someone were to buy it, they would either need a variance or a rezone for it to be a buildable site. This request if for parcel size. Dave Legal is buying 36 acres. Moe stated the town does not have a problem with the request because if it remains in the Agriculture/Forestry district it cannot be split anymore. Pedley stated no neighbors were heard from.

After hearing the testimony and reviewing the provided information from the petitioner and the zoning office there was a motion made by Moe, seconded by Heims to approve the petition to vary the parcel size of Lot “C” on the provided plat of survey from 35 acres to 30.6 acres with all members voting in favor for the same reasons. Motion carried.

Item # 7 Vodak vs. BOA – Pedley has not heard anything new from corporation counsel. The appeal has to be heard but it may take up to 2-3 years for that to happen.

Item # 8 Term limits will change to 3 years after the next County Board meeting. Pedley has a lead on a new person (Steve Schmitz) to fill an alternate slot on the Board of Adjustments. Pedley stated there will be a resolution going to the September county board session officially changing the terms of the existing board members.

Item # 9 Judy Elliott will be coming to the next meeting with a variance request to the distance a dog kennel can be from a neighbor. The zoning committee has issued a conditional use permit for the kennel with one of the conditions being a variance approved.

Item # 10 Motion to by Rippchien, second by McGlynn to adjourn at 1: 44 pm. Motion carried.