Richland County

Office of the Zoning Administrator

Courthouse

181 West Seminary Street

Richland Center, WI 53581

608-647-2447

 

RICHLAND COUNTY ZONING COMMITTEE

MEETING MINUTES

March 6, 2006

 

Item #1            Rasmussen brought the meeting to order at 9:01 a.m.  Those present were Richard Rasmussen, Betty Havlik, Carol Clausius, Bruce Wunnicke, Harriet Pedley, Mary Storms, Joe Mueller, Robert & Melanie Paravala, Jim Miller, Jim Lewis, Joe Mast and Dave Unbehaun.  Marilyn Marshall was absent.

 

Item #2            Rasmussen asked if the agenda had been posted properly.  Pedley stated that the agenda had been properly posted on the bulletin board in the basement and also published in the Richland Observer for 2 weeks.  Motion by Havlik, seconded by Wunnicke to approve the publication and agenda.  Motion carried. 

 

Item #3            Motion by Wunnicke, seconded by Havlik to approve the February 6, 2006 meeting minutes.  Motion carried.

Start of Public Hearing 9:03 a.m.

 

Item #4            The committee heard the petition from Jim & Mary Dawn Miller to rezone 2.58 acres from both the Agriculture/Forestry and Industrial Districts to the Commercial District in Sections 25 & 36 of Eagle Township and obtain a conditional use permit for a small industrial establishment.  It was explained to the committee that one acre has been zoned industrial since 1986.  Industrial zoning does not allow for a dwelling where as commercial zoning does.  Miller has sold off approximately 8 acres of cropland to his neighbor leaving this 2.58 acre parcel.  The property sold is zoned Agriculture/Forestry and will be attached to the neighbors existing farm.  Miller stated he makes pallets and lathe for businesses.  He operates now from 5:00 a.m. to 3:00 p.m. and does not work a double shift and is not planning to expand his current operation.  Sometimes lumber is delivered after hours, but arrangements have to be made for this.  Pedley stated that the Commercial Zoning District would actually fit his use better.  Wunnicke stated that this rezoning would actually be a cleanup to what originally took place.  Conditions for the permit were discussed.  Miller stated there is already screening on the property that is a fence between the buildings.  Miller stated that he puts the lumber behind the fencing as soon as possible.  Waste is controlled by giving the sawdust to neighbors and supplying the cut ends to the public for free and if excess builds up it is burned in a pit.   Motion by Wunnicke, seconded by Clausius to approve the rezoning of 2.58 acres from both Agriculture/Forestry and Industrial to Commercial in Sections 25 and 36 of Eagle Township.  Motion carried.  Next the conditions were established:

 

1.      Maintain current screening

2.      Continue with practice of eliminating sawdust and scrap wood

3.      No materials to be piled between barn and road for extended periods of time

 

Motion by Havlik, seconded by Clausius to approve the Conditional Use Permit with the above conditions.  Motion carried.  This petition will be taken up at the March 21, 2006 county board session. 

 

Item #5            The committee heard the petition of Dennis Jax, buyer and Haunacres, LLC, sellers to rezone approximately 1.5 acres from the Agriculture/Forestry district to Commercial district in Section 36 of Richland Township.  This parcel is proposed to be added to the 1.81 acre parcel already zoned Commercial. Wunnicke made a motion to table this request because it could be within the Extraterritorial Zone of the City of Richland Center as was suggested to him by Corporation Counsel Ben Southwick.  Wunnicke stated that the County and City are both stating that they have jurisdiction and to be on the safe side he feels it should be tabled until this is settled.  He would like to see a written opinion on this matter before continuing.  Pedley explained that she has been in contact with Attorney Southwick and explained to the committee what the statutes say.  There was much discussion between the committee members as to who has jurisdiction.  The City does have an Extraterritorial zoning committee but there has been no public hearing changing the boundaries of the ET map.  Joe Mueller, who is the manager of the new company owned by Jax, stated that he had been in contact with Pedley back in October and feels that the county is the one that has the jurisdiction.   Joe stated that if the request is tabled everything will be continued to be at a stand still and they cannot begin plumbing for the new tank or anything else.  He stated that at this time they are hauling product from Sauk City to deliver to the customers of this area and they have to pass the cost on to them.  There was not a second to Wunnicke’s motion to table.  The committee, Mueller and Dave Unbehaun, one of the owners of Haunacres, continued the discussion.  After much discussion motion by Rasmussen, seconded by Clausius to approve the petition to rezone 1.35 acres from Agriculture/Forestry to Commercial in Section 36 of Richland Township.  A roll call vote was taken – all committee members present voted yes to the rezone request.  Motion carried.  This petition will be taken up by the county board on March 21, 2006.  Wunnicke stated that he would like Pedley to have Attorney Southwick prepare a written opinion on the jurisdiction before the next county board session. 

 

Item #6            The committee was to hear the petition of Robert & Melanie Paravala, buyers Randy Parish, seller to rezone approximately 5 acres from the Agriculture/Forestry district to Agriculture/Residential district in Section 15 of Eagle Township.  The Paravala’s asked that their petition be tabled until the April meeting as they have not been to the township yet.  Motion by Havlik, seconded by Clausius to table the Paravala petition to rezone approximately 5 acres from Agriculture/Forestry to Agriculture/Residential in Section 15 of Eagle Township until the April meeting.  Motion carried.

 

Item #7            No representatives from High View LLC were present so the petition will remain on the table.  Pedley reported that Moest, of High View LLC, had contacted her and stated that he has submitted everything necessary to Mike Volrath, DNR, for his WPDES permit.

 

Item #8            Motion by Havlik, seconded by Clausius to bring the Mast petition off the table.  Motion carried. The committee heard the petition of Joseph & Mary Ann Mast to rezone approximately 5 acres from Agriculture/Forestry to Agriculture/Residential in Section 14 of Westford Township.  Mast stated that with the new survey he will be keeping 7.42 acres not 5 acres.  The survey showed that Mast needed to deed his neighbor a small parcel of land as part of the surveyed property line went through the neighbor’s house.  Mast is also buying a small parcel from Dave Duren so the land he is selling will have access.  Discussion continued and Mast stated the person looking to purchase the vacant land does not plan on building a home there.  Motion by Wunnicke, seconded by Clausius to rezone 7.42 acres from Agriculture/Forestry to Agriculture/Residential in Section 14 of Westford Township.  Motion carried.

 

End of Public Hearing 10:00 a.m.

 

Item #9            Amendment to the Richland County Land Division Ordinance removing the Extraterritorial Zone of the City of Richland Center from county jurisdiction.   Pedley went on to explain that the City is in the process or has adopted a land division ordinance that will cover the Extraterritorial zone and the City.  Pedley went on to explain that the county needs to amend the Richland County Land Division Ordinance 1.06 Geographic Jurisdiction to read as follows:  The provision of this ordinance applies to all unincorporated lands within Richland County with the exception of the Extraterritorial Zone of the City of Richland Center that is to be determined by an official map.  Motion by Wunnicke, seconded by Havlik to amend the Richland County Land Division removing the Extraterritorial Zone of the City of Richland Center from the county jurisdiction.  Motion carried. 

           

Item #10          Comprehensive Planning – Pedley explained the hand out she had prepared.  She stated that it looks like most of the points that each township would like to incorporate into their plans could be incorporated into the county zoning and that way the township would not have to have separate ordinances.  Pedley stated it looked like most would fit into the Scenic Resources District as an overlay.  She stated that wells and density concerns may have to be addressed by each township.  Wells are currently under DNR.

           

Item #11          Friends of Richland County vs Richland County – Pedley stated that there is nothing to report at this time but will keep committee advised if anything occurs.

 

Item #12          Tri-County Airport Ordinance – Pedley stated that the mapping is finished and now we know where the boundaries are.  We can now work on the text amendments. 

 

Item #13          Zoning Violations – Wunneta Bannister – Pedley stated she has been in contact with Attorney Wilbur.  He has someone coming out to get an estimate on removing the furnace and water heater from the old trailer as both were new last year.  Pedley stated Wilbur also stated he is going to ask the fire department to burn down the old house and trailer, but not sure what their policy is on doing this.  Pedley was advised to have Attorney Southwick continue with any legal process that needs to be done. 

 

Item #14          Report from the zoning administrator:

A.     Dairyland Power conditional use permit – Pedley stated she has reviewed the parcel and the parcel was created prior to zoning so it is a legal non-conforming parcel.  She also read comments that were brought up by Dave Matthes concerning the passage of the conditional use permit.  Matthes is aware that the committee can do nothing more but just wanted them to be aware of this.

B.     Extraterritorial zoning – this has been discussed earlier in the meeting.  Nothing more to report at this time.

 

Item #15          The next meeting will be April 3, 2006 at 9:00 a.m.  Motion by Wunnicke, seconded by Clausius to adjourn.  Motion carried.