Filed: 10/6/09

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

October 1, 2009

Item # 1 The Board of Adjustments committee meeting was called to order by Chairman Larry Sebranek at 1:00 pm. Those present or who signed up to speak were Verlin Coy, Maureen Hall, Ed LaBatt, Marilyn Marshall, Marilyn Meeker, Terry Sebranek, Vivian Kadousek, Judy Elliott, Allen Rippchen, Gilly Moe, Randy Heims, Tom McGlynn, Chairman Larry Sebranek, Harriet Pedley, with Cheryl Dull taking minutes..

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

Item #3 Chairman Sebranek asked if there were any corrections to the minutes of the previous meeting. Hearing none, Chairman Sebranek declared minutes approved as mailed.

Start of Public Hearing 1:02 pm.

Item # 4 The committee heard a petition from Maureen Hall to request a variance to the required parcel size of 2 acres in the Residential-2 zoning district to 1.5 acres in Section 16 of Eagle Township.

Discussion: Maureen Hall stated the property is for sale and is split by County Hwy E. The one parcel is 1.5 acres to the east of the road and there is a 34 acre parcel west of the road. It has been for sale for some time and she decided to list her property separately. She has an offer on the house which is on the 1.5 acre parcel. Pedley explained the ordinance section that deals with land being split by a road. The property on both sides of the road has to have been under separate ownership before the township adopted county zoning. On this particular instance, that is not the case, therefore, it doesn’t meet that section of the ordinance and for the 1.5 acres parcel to be split it has to be rezoned and receive a variance to the parcel size since it doesn’t meet the ordinance requirement of at least 2 acres. Pedley also stated that the 34 acres would have to be reviewed for the same ordinance provision and it may have to receive a variance to the parcel size if someone wants to develop it. Pedley also stated that no neighbors were heard from

Motion by Moe, seconded by Rippchien to approve petition with all members voting aye for the same reasons. Motion carried.

Item # 5 The committee heard a petition from Calvin & Joyce Sebranek to request a variance to the required parcel size of 2 acres in the Residential-2 zoning district to 1.17 acres and also request a variance to the rear yard requirement of 40 feet in the Residential-2 zoning district to 23 feet all in Section 24 of Marshall Township. Terry Sebranek, the son of Calvin & Joyce, representing his parents, explained that when his parents first bought property it was this 1.17 acres. They have since purchased over 400 acres. They would like to refinance their home and the bank is requiring this property to be zoned correctly. The minimum is 2 acres; therefore, they are requesting the variances.

Discussion: Larry Sebranek requests to abstain from this voting on this petition since Calvin Sebranek is his brother. He also turns the gavel over to Vice-Chairman, Tom McGlynn. Terry Sebranek stated that there is a survey for 1.17 acres that does not include the road right of way. Rippchien pointed out the questions were not filled out and the board normally will not hear a petition without that completed. Motion by Heims, seconded by Rippchien to table this petition until the end of the meeting and give Terry Sebranek time to fill out the necessary paperwork.

Motion by Heims, seconded by Rippchien to bring the Sebranek petition back on the table at 1:53 pm. Motion carried. Larry Sebranek again states he will abstain from voting and hands the gavel to McGlynn. Terry stated again that this request stems from his parents’ financial institution. The bank would like to go with the description of the 1.17 acres since it already exits. They are attempting a rate lock but the property needs to be rezoned and they can’t do that without the variance request being approved first. Pedley stated that a letter was received from the township approving the rezoning. No neighbors were heard from.

Motion by Heims, seconded by Moe to approve the petition. Motion carried with all members voting in favor for the same reasons.

Item # 6 The committee heard a petition from Edward & Cheryl Labatt to request a variance to the requirement of a secondary structure not being more than 70% of the living space of the primary structure in a residential zoning district. The request is a variance from 845.6 allowed square feet to 960 square feet all in Section 4 of Richland Township.

Discussion: Labatt stated he wants to build a garage larger then allowed on the property. The house is 1208 sq ft which means the garage is only allowed to be 845 sq ft. They are requesting a 115 sq ft larger than the allowed. Pedley stated there were no neighbors heard from. The board members reviewed the paperwork, drawings and photos provided.

Motion by Rippchien, seconded by Heims to approve petition with all members voting aye for the same reasons. Motion carried.

Item # 7 The committee heard a petition from Judy Elliott to request a variance to the requirement of 1,320 feet from a residence (under separate ownership) to a kennel to 730 feet in Section 16 of Orion Township.

Discussion: Pedley explained to the board members that Marilyn Marshall and Donald Davis are both neighbors within the 1320 foot range. Elliott went before the zoning committee to request a conditional use permit for a kennel and the approval of this variance was one of the conditions. Elliott presently has a contract with Richland County and other municipalities as their “dog catcher”. Marilyn Marshall, a member of the Richland County Zoning Committee, is here to speak as to the petition as a neighbor. She stated she is attending to discuss her concern about the barking dogs. Marshall stated she thinks if Elliott were to insulate her shed it would help. She also stated that even 1,320 feet would probably not be far enough away and that she cannot enjoy being outdoors because of the barking. Sebranek asked her why she voted in favor of the conditional use permit and Marshall stated she voted yes at the time of the zoning meeting because she didn’t feel it would do any good to vote no. Heims asked Marshall if there were any other problems of which she stated there have been problems in the past with dogs coming over at night. McGlynn asked Elliott about the number of dogs she has now. Elliott stated she has12 dogs that were picked up from the City and County and she has 12 of her own. She also has 4 liters of puppies right now. She explained there is a 7 day hold before they can be advertised so people can claim them. After that period she works with the BRATS program to transport dogs from her farm to be adopted so there is a constant change of the amount of dogs she has on her property. Moe asked about the maximum allowed as stated on her license. Pedley informed the board that there is no state law that requires a license. There is pending legislation, which has a good chance of passing that includes regulations including the number of animals that can be kept and spaying, neutering, and immunizations. Kadousek, Elliott’s mother, stated that Elliott has done this for years with no noise complaints. Sebranek stated that barking dogs is a major complaint of his but is aware the County needs a place to put stray dogs.

Motion by Moe seconded by McGlynn to approve the variance request as long as the conditions listed on the conditional use permit are met. Motion carried with Moe, McGlynn and Rippchien voting in favor and Heims and Sebranek voting no.

Item # 8 The committee heard a petition from Marilyn Meeker to request a variance to the requirement of building a primary structure on a residential lot before a secondary structure is built to building the secondary structure first in Section 34 of Henrietta Township.

Discussion: Meeker explained to the board members that the lot in question is a lot just north of where they live. They had previously purchased this lot and removed all the junk and debris placed there by the previous owner. They would now like to build a shed on the property. Sebranek questioned if someone bought this lot in the future if a house could be built there. Pedley stated that a small house could be built but another variance to the 70% rule would have to be obtained. Pedley stated that 27 neighbors were sent a notice and no one was heard from. Verlin Coy, the Town of Henrietta chairman, stated he didn’t feel the township had any objections.

Motion by Heims, seconded by McGlynn to approve the petition with all the members voting in favor and all for the same reasons. Motion carried.

Item # 9 Vodak vs. RC Board of Adjustment Case #08-CV-203

Discussion: Pedley presented a brief from Attorney Ben Southwick concerning the case for the board members review. Pedley stated that the case may be heard at the Court of Appeals soon than we thought.

Item # 10 Nothing else to report.

The next regular meeting is set for Thursday, November 5, 2009 at 1:00 pm. Motion by McGlynn, seconded by Moe to adjourn at 2:05 pm. Motion carried.