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

June 4, 2007

 

Item #1            Rasmussen called the meeting to order at 9:00 a.m.  Those present were Richard Rasmussen, Marilyn Marshall, Bruce Wunnicke, Carol Clausius, Betty Havlik, Harriet Pedley, Mary Storms, Jill & Dave Coleman, Richard Eberle, Ryan Keegan, Kevin Cooke, Loren Cook, Bobbie Jo Dobbs, Shawn Underwood, Bill Hall, Jerome Durst, Claudia, Berres, LeRoy Wooley, and Steve Chupp.

 

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

 

Item #3            Motion by Havlik, seconded by Clausius to approve the minutes of the May 7, 2007, zoning meeting as mailed.  Motion carried.

 

Start of Public Hearing 9:02 a.m.

 

Item #4            The committee heard the petition of Ryan & Valerie A. Keegan, to rezone 2.13 acres from Agriculture/Forestry to Residential-2 in Section 5, of Eagle Township.  Keegan reported he had not been to the Eagle Town Board yet and asked that the matter be tabled until the July meeting.  Motion by Havlik, seconded by Marshall to table the petition of Ryan & Valerie A. Keegan, to rezone 2.13 acres from Agriculture/Forestry to Residential-2 in Section 5, of Eagle Township until they have been to the town of Eagle board.  Motion carried.

 

Item #5             The committee heard the petition of Jill Coleman to obtain a conditional use permit to allow a tavern in Section 8 of Buena Vista Township.  Pedley stated that there were approved building plans prepared by Blackhawk Engineering available for review.  The Coleman’s stated that their plans are to refurbish the building inside and out and add a new cooler area.  They have attempted to sell to various buyers and each time the buyers have backed out so they have decided to reopen the bar on their own.  They pointed out on the approved plans where the addition will be located and they also stated that there will be a video room for surveillance equipment.  Wunnicke asked what the capacity of the building was.  Coleman stated that it is 230 persons.  Wunnicke stated concerns that there does not seem to be enough parking stalls available for that capacity.  The building is 4,999 square feet with parking in front and along the sides of the building and there is also available over flow parking to the east of the building in a small field. Coleman stated that they are having reground blacktop brought in to enlarge the current parking area.  The current septic is a 4000 gallon holding tank and a 1000 gallon grease trap that services the building.  Pedley stated that the holding tank was designed for 63 patrons and 3 employees.  They plan on using paper service for the food service. The Coleman’s have been in contact with Economic Development regarding financial help. They would like to do something similar to Rockton Bar with their Sunday barbeques.  Bill Hall, a neighbor, asked question concerning problems that have arose at this location in the past such as after-hour drinking in the parking lot, parking along Hwy 14, littering, noise, cars being driven across neighbors lawns to name a few.  Coleman stated that they do plan on dealing with the problems but until they happen there is nothing they can do. Coleman stated that if necessary a fence could be constructed to help the noise and to keep vehicles off neighbor’s lawns. Rasmussen inquired about the liquor license.  Coleman stated they are attending the June town meeting.  After continued discussion between all parties regarding the business, Wunnicke stated he would like to see a more definitive description of their plans for the business, such as, look and clientele of the business, signage, hours, types of meals they plan on serving now and in the future.  Motion by Havlik, seconded by Clausius to table the conditional use permit request to allow a tavern in Section 8 of Buena Vista Township until additional information is obtained.  Motion carried. 

                                                                                                               

Item #6            The committee heard the petition of Kevin Cooke to rezone 14 acres from Agriculture/Forestry to Agriculture/Residential in Section 12 of Eagle Township.  Cooke stated that he owns 120 acres and wanted to refinance and the bank will only take the house and small acreage.  He intends to put part of the land in a forestry program and he will continue his hobby farm operation on the remaining acres.  Township has approved his request.  Pedley stated she had heard from a couple of neighbors and after they heard the reason for the rezone request had no objection to the request.  Motion by Wunnicke, seconded by Marshall to grant the rezone request of 14 acres from Agriculture/Forestry to Agriculture/Residential in Section 12 of Eagle Township and pass it to the next county board session.  Motion carried.  The next county board session is June 19th at 7:00 p.m.

 

Item #7            The committee heard the petition of Loren & Diane Cook to rezone 1.2 acres from Agriculture/Forestry to Commercial and obtain a conditional use permit for an auto service station and maintenance facility and to rezone the remaining 11.7 acres from Agriculture/Forestry to Agriculture/Residential in Section 5, of Marshall Township.  Cook explained to the committee that he has opened a business repairing vehicles.  It started out with him just working on family and friends vehicles but has expanded and he wants to get the proper permits at the town and county level to be in compliance.  Pedley explained that the parcel is 12.9 acres and it existed prior to zoning.  The town had zoned it Agriculture/Forestry, but now that he needs to rezone a portion to commercial the balance of the parcel also needs to be changed to meet the county requirements.  Jerome Durst, town chairman for Marshall, stated he has received no formal complaints but people are wondering what is being done with the used oil, anti-freeze and oil dry.  He stated that the township is working on their on comprehensive plan and wonders where this type of business is going to fit into the county plan.  He stated that Marshall Township actually tabled the request until they had some answers from the county and the county plan on comprehensive planning.  Steve Chupp asked why the remaining acreage can’t be left agriculture/forestry and not changed to agriculture/residential which would allow for an additional home if the parcel was divided.  Chupp also mentioned that another local person wanted to use an old barn in her business, but she was going to have to install bathroom and have running water to meet state requirements.  He questioned if Cook needs these requirements also.  After discussion between the zoning committee, Cook, and the town board, there seems to be unanswered questions on what needs to be done to meet all requirements.  The following items need to be resolved – 1) what are federal, state and local requirements; 2) what are DNR requirements; 3)  Town of Marshall approval also needs to be granted.  Motion by Clausius, seconded by Havlik to table the petition until the above questions have been answered and resolved.  Motion carried.

 

Item #8            The Eberle preliminary plat amendment was presented.  Eberle’s final plat was posted on the board for all to review.  There will be two roads ending in cul-de-sacs to service the proposed 10 lot subdivision coming off County Hwy A.  A letter from the Highway Commission was presented affirming their approved.  The township has approved the roads and will take them over when their specifications have been met.  Claudia Berres asked about the drainage area and retention ponds and how they will be addressed.  Eberle stated the engineers are working on the details and that all federal and state regulations will be met.  Motion by Wunnicke, seconded by Clausius to approve the amendment to the Eberle plat creating a 10 lot subdivision in Section 1 of Dayton Township.  Motion carried.

 

Item #9            The committee heard the final plat for Richard Eberle – Pedley stated that everything looks as if all the questions have been addressed.  Motion by Wunnicke, seconded by Marshall to approve the final plat as presented and pass it to the next county board session on June 19th at 7:00 p.m.  Motion carried.

 

End of Public Hearing 10:25 a.m.

 

 

Item #10          Comprehensive Planning –  Recommend approval of the plan to the county board.  Motion by Clausius, seconded by Havlik to pass the Comprehensive Plan onto the next county board session.  Motion carried.

 

Item #11          Zoning Violations –

a.)    Worden Property in Forest Township. – Pedley explained to the committee that the new owner will be getting a survey done and should go to the next county board session for final approval.  Pedley stated that Attorney Southwick advised that the current owner is now responsible to have the survey done and present it for final approval. 

b.)    Milner Property – Forest – Pedley had prepared a letter and had sent it to Corporation Counsel Ben Southwick for his approval.  To date she has not heard back from him yet and she is not sure if he has sent the letter to Milner.

c.)     Shawn Underwood Property/Gotham (Bobbie Jo Dobbs) –  Pedley stated that she had sent a violation letter to Underwood for having animals on a residential-1 parcel.  Underwood and Dobbs attended the May Zoning meeting and after much discussion the matter was tabled until Underwood and Dobbs attended the township meeting.   There was discussion regarding the pigmy goats, pot-bellied pigs and rabbits that are kept on the property.  Are they farm animals or exotic pets?  Corporation Counsel, Ben Southwick, said that in reviewing the ordinance by looking at 3 H in the Residential-1 Zoning District, it appears that the parties could request a conditional use permit to house animals on their lot.  There was continued discussion by all parties.  Wunnicke stated that Pedley should write a letter to Underwood advising him he needs to apply for a conditional use permit.  There were 3 letters from neighbors received by the zoning office, copies of which were presented to the committee.  All the letters showed opposition to the use of animals on a residential lot.  A phone call from Ross Halverson was received by the zoning office prior to the meeting that he is not in favor of having the animals on the lot.  He has a renter next door to the parties and said that the rabbits have done damage to his property.  Attorney Southwick stated again that 3 H appears to allow animals units in the residential-1 zoned district.  Discussion followed as to how to keep the animals contained.  Better pens and cages and make sure the cages are kept locked so the neighborhood kids can’t get them open and leave them open so the rabbits or other animals can get loose.  LeRoy Wooley spoke on behalf of Underwood and Dobbs and said he has no problem with their pets.  He said it is like a small petting zoo.  Pedley advised Underwood he should call the office and set up an appointment with her to apply for a conditional use permit.

 

Item #12          Report from the zoning administrator – A.)  Jax and Schmitz properties – Pedley reminded the committee that since the City of Richland Center has now decided not to expand their extraterritorial zone, both of the properties need to be addressed by the county.  Pedley stated she will contact Jax to advise him he will need to finish his rezone request of the property he bought from Unbehaun.  Pedley will also contact Schmitz to see what his intentions are for his property.

 

B.)  Gary & Carol Nelson Property in Eagle Township –  They have a 2 acre parcel of land that was rezoned to commercial and a conditional use permit was issued for a tavern/restaurant.  The project was dropped by the proposed buyer.  The acreage was never sold and the Nelsons continue to farm it.  Pedley suggested to the committee that the county return the zoning to agriculture/forestry, which they all agreed was the best idea.

 

Item #13          The next regular meeting will be Monday, July 2, 2007 at 9:00 a.m.  Motion by Wunnicke, seconded by Clausius to adjourn.  Motion carried.