Filed: 2/9/09
Office
of the Zoning Administrator
Courthouse
608-647-2447
MEETING MINUTES
February 5, 2009
Item # 1 The Board of Adjustments committee meeting was called to order by Vice-Chairman Tom McGlynn at 1:00 pm. Those present or who signed up to speak were Tom McGlynn, Allen Rippchen, Gilman Moe, Randy Heims, Harriet Pedley, Joe Hackl, and Cheryl Dull taking minutes. Chairman Sebranek was absent.
Item #2 Motion by Moe, seconded by Heims, to approve the publication and agenda. Motion carried.
Item #3 Moved by Rippchien, seconded by Moe to approve the Board of Adjustment meeting minutes from January 8, 2009 as mailed.
Start of Public Hearing 1:01 pm.
Item # 4 The committee heard a petition from Mary Gutknecht to alter parcel size from 35 acres to 30 acres in Sections 29 & 32 of Buena Vista Township.
Discussion: The parcel in question was part of a larger farm owned by the Gutknecht’s. A portion of the farm lies south of County Hwy JJ in the NE ¼ of the NE ¼ of Section 32 and the SE ¼ of the SE ¼ of Section 29. This portion of the farm was then split between two sisters, Mary Gutknecht being one of them. The portion where the original homestead lies now belongs to Mary Gutknecht. Joe Hackl, a builder and representing Gutknecht, stated that Mary Gutknecht wanted to renovate the existing house but Hackl did not think it was salvageable. She now wants to build a new home with the same foot print as the existing one. Pedley stated that she was contacted by with the township by e-mail. There was some confusion with the Planning Commission concerning this parcel since they were thinking it was a rezoning rather than a variance request. Rippchien questioned if there was really 30 acres there as Randy Schmidt, Buena Vista Town Board Chairman, said he didn’t believe there was. Pedley stated there is no Certified Survey Map but the tax bill states 30 acres as well as the deed. Moe stated that since she is proposing to rebuild a house the same size as the one being torn down there should be no change in the landscape of the property and no further burdens to the township. Hackl explained that Mary Gutknecht said she wants it to be as close to the present design as possible and include a new septic and conforming well. Pedley stated that there were no neighbors heard from. After reviewing the maps and addition information provided a motion was made by Rippchien, seconded by Moe. All members attending voted aye for the same reasons.
Motion carried.
Item # 5 Pedley reported on the Vodak vs. Board of Adjustments Case 08-CV-203. Pedley stated that she and Attorney Southwick attended a hearing on 1/12/09. Southwick had filed a Supplement Return on Writ of Certiorari because she, Pedley, had not included the Land Use Permit issued to Schmidt in the official file. The hearing on January 12, 2009 was to give Judge Leineweber the additional information. The motion to dismiss is pending while the judge looks over the record, including the missing document. The issue of the filing date being tardy is still being considered. Leineweber stated during the January hearing that his intention is to agree to the motion to dismiss but will bring his decision back at an undisclosed date. Pedley stated she would keep the board notified of any upcoming court date.
Gilman Moe left a 1:15 pm.
Item # 6 There has been no petitions filed for next month to date. Motion to by Heims, seconded by Rippchien to adjourn at 1:20 p.m. Motion carried.