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Minute of the Richland County Zoning Committee Meeting
October 5, 2009
Item # 1 The Zoning committee meeting was called to order by Chairman Rasmussen at 9:00 am. Those present or who signed up to speak were Dion & Cora Puzon, Donald Olson, Terry Sebranek, Maureen Hall, Gary Kerschner, Carol Clausius, Bob Holets, Virginia Wiedenfeld, Marilyn Marshall, Richard Rasmussen, Harriet Pedley, with Cheryl Dull taking minutes.
Item #2 Motion by Holets, seconded by Wiedenfeld, to approve the publication and agenda as amended. Motion carried.
Item #3 Moved by Holets, seconded by Wiedenfeld to approve the September 3, 2009 meeting minutes. Motion carried.
Start of Public Hearing 9:03 am.
Item # 4 The committee heard a petition from Maureen Hall to rezone 1.5 acres from Agriculture/Forestry to Residential-2 in Section 16 of Eagle Township. CUP: Yes No X
Discussion: The Township approved 1.5 acres to be R-2 but would not approve livestock. Maureen went before the BOA on October 1 for a variance from the required 2 acre parcel to 1.5 acres of which is was approved. Pedley stated that a letter of approval has been received from Eagle Township and that 5 neighbors were notified and no one replied. The approval letter noted they did not approve of the initial variance request to the Board of Adjustments to change the zoning to Agriculture/Residential and allow farm animals. Since that time, Hall has agreed to request the rezoning to the Residentia-2 zoning district. Pedley explained that Hall has attended the Board of Adjustments hearing where she requested a variance to the parcel size of 2 acres down to 1.5 acres. That request was approved on October 1, 2009.
Motion by Holets to approve, seconded by Clausius to approve the rezoning request and pass it to the next county board session. Motion carried.
Item # 5 The committee heard a petition from Dion Puzon to rezone 6.4 acres from Residential-2 to Agriculture/Residential in Sections 2 & 11, T8N, of Buena Vista Township.
Discussion: Puzons stated they want to keep the goats that they rescued but their property is not zoned to accept farm animals. They have enough acres to rezone to the Agriculture/Residential zoning district that does allow farm animals. Pedley stated that they would be allowed 4 animal units on their 6.4 acres and that a goat is .1 animal units there they could keep 40 goats. They have 11. Puzon stated they went before the township with no objections although the Zoning office has not received any notice of the meeting. Clausius questioned if the goats were fenced in of which the Puzons stated that 4 acres of their 6.4 acres are fenced for the goats. Rasmussen stated he has received 2 phone calls from people opposed to live stock in this area and also he received a complaint of someone else in that Residential-2 district that has horses.
Donald Olson, the next door neighbor, spoke of concerns of ground water contamination and manure management. His well is only 25’ deep of which they have never had tested. Pedley stated that most wells by Spring Green, also a sandy area are contaminated due to heavy use of herbicides. Pedley stated she can have the water tested and that the results brought back to the committee. Olson is also concerned with the horses on the other side which would mean they will be the only Residential zone in the middle of agricultural use. He also has concerns of the smell. Puzon stated that the property where the goats are is lower than both Olson’s and Puzons homes. Cora Puzon stated there are only 11 goats and they are spayed and neutered so there will be no more goats.
Holets questioned the zoning of the property with the
horses. Rasmussen thought this was the property where the bait shop was located
which Harriet stated is zoned commercial. Wiedenfeld would like to see the
water tested before making a decision.
Holets asked how the manure was handled of which Puzon stated they put
it on their garden which they have been farming organically for quite some
time.
Motion by Rasmussen, seconded by Holets to table this until the water is tested
at both residences, the zoning on the horses has been investigated and the
Puzon’s have provided the committee with the written approval from the
township. Motion carried.
Item # 6 The committee heard a petition from Calvin Sebranek to rezone 1.17 acres from Agriculture/Forestry to Residential-2 in Section 24 of Marshall Township.
Discussion: Terry Sebranek, son of Calvin is speaking for his parents who are on vacation. This is the homestead of the Sebranek’s which was originally surveyed in 1977 when 1 acre was legal for a residential lot. Since that time they have purchased over 400 acres. This is being rezoned for banking purposes only. The bank has requested that this 1.17 previously described parcel is the area concerning the loan request and does not want any more land on the mortgage. Pedley stated that the Sebranek’s attended the Richland County Board of Adjustments to ask for a variance from the required parcel size of 2 acres down to 1.17 where it was approved. The township sent a letter approving the request and no neighbors were heard from.
Motion by Wiedenfeld, seconded by Holets to approve the petition and pass it to the next available county board session. Motion carried.
Close Public Hearing at 9:34 am
Item # 7 Ithaca zoning – Wiedenfeld, representing the Ithaca Zoning Committee is proposing to amend their Zoning Ordinance to increase the dollar amount from $1000 to $5000 concerning when an inspection is necessary for improvements. Any amendment from a town zoning ordinance requires county board approval and therefore needs to be presented by a county committee. Wiedenfeld will ask the town board chair to attend the county board session in case anyone has any questions. Motion by Holets, seconded by Clausius to send the proposed amendment to the next county board session. Motion carried with Wiedenfeld abstaining.
Item # 8 & 9 Farmland preservation and DATCP training - Pedley stated it was a full house at the training session with Holets, Clausius, and Wiedenfeld attending. Twelve counties were represented. Pedley learned that farmers that live in an unzoned town will get the same level of tax credit that they get now through their existing agreement but once the agreement expires they will not receive any tax credits. Pedley will go back to Richwood town board and discuss this again. Conversion fees will start on January 1, 2010. The conversion is based on soils from the Department of Revenue who is using our old soil survey. There will be many questions concerning the conversion fees charged because of this disconnect. The zoning office is working with the DOR to remedy the situation. If the zoning committee feels the county should circumvent the conversion fee then the committee needs to come up with a plan and a time line to get the ordinance amended before January 1, 2010. The changes would have to be ready and complete for the December county board. Wiedenfeld feels it is worth working on for the residences of the county. Motion by Wiedenfeld, seconded by Holets to have Pedley rewrite the ordinance to comply with the new Chapter 91 and have it ready for the county board session in December. Motion carried.
Item # 10 Zoning violation – Pedley will check on the horse issue in Buena Vista Township concerning the Puzon rezone. Travis Ferguson called again concerning the ongoing situation in Gotham. Ferguson stated he would find out more information.
Item #11 a. 2010 Budget. Pedley stated the 2010 budget has been to Finance and stated it not go well because she was not aware that the Finance Committee only wanted the offices to reduce the health insurance line item by 15% to create some kind of leverage with the unions. They appeared to be unconcerned about the balance of the line items. They were also not interested in using increased revenues to apply to any budget overages. The Finance committee approved the budget as presented with the decrease of the 15% in health insurance and used the balance of the budget in the “Working Budget #1” column.
b. Scarpetta property – The January, 2009 minutes state that Scapetta requested two rezones in Akan Township. The first parcel of 21 acres was surveyed and passed at county board. The second parcel, where the original homestead is still needs a survey and the house removed by September 1, 2009. The committee reviewed a letter from Scarpetta who stated he is out of work and has no money to complete the requirements concerning the second rezoning. Scarpetta is asking to take the compliance costs (survey, after-the-fact permit and removal of the old house) out of the proceeds from the sale of the property. Pedley will contact Scapetta and discuss his options.
Item # 12 The next regular meeting is set for November 2nd at 9:00 am. Motion by Clausius, seconded by Wiedenfeld to adjourn at 10:45 a.m. Motion carried.