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Meeting Minutes of the
August 3, 2009
Item # 1 The Zoning
committee meeting was called to order by Chairman Rasmussen at 8:59 AM. Those
present or who signed up to speak were Charles Ray, Judy Elliott, William
Dupuis, Jude Elliott, Mayor Larry Fowler, Marilyn Marshall, Bob Holets,
Virginia Wiedenfeld, Carol Clausius, Jim Mercer, Chairman Richard Rasmussen,
Item #2 Motion by Marilyn, seconded by Clausius, to approve the publication and agenda. Motion carried.
Item #3 Chairman Rasmussen declared the minutes of July 20, 2009 approved as presented.
Start of Public Hearing 9:03 AM.
Item # 4 The committee heard a petition from City of Richland Center to rezone 11 acres from Agriculture/Forestry to Industrial in Section 6 of Buena Vista Township
Discussion: After an inquiry from Rasmussen, Pedley explained that the area of the Sextonville Airport that is owned by the City of Richland Center was originally zoned by the township and she did not know why the entire area was all zoned Industrial at that time except that a good portion of the property is and has been used as farmland. According to one of the aerial photos provided, there were numerous airplane hangers on the property that are zoned Agriculture/Forestry. Elliott told the committee there were existing hangers in this area that were previously removed. He stated that when they came to get a permit to build another new hanger, they found it was zoned incorrectly. Chairman Rasmussen asked why the city was not rezoning everything now. Pedley told the committee that there is prime farmland surrounding it. Jim Mercer, a neighbor, was present with concerns of planes flying over his house instead of the runway like they should. Mercer was neither for nor against the petition. Elliott stated that he had attended the town board meeting where it was approved.
Moved by Bob, seconded by Carol to approve the petition and pass it to the next county board session. Motion carried.
Item # 5 The committee heard a petition from William Depuis for a Conditional Use permit for a wind energy system in Section 24 of Henrietta Township.
Discussion: William Dupuis told the committee the height of the wind system is 60’ with 4” to 20’ going to 3” at 20’ and 2” for the last 20’ and also will have guy-wires. It will be designed to tip for maintenance. The Dupuis do not have electricity at their property and have opted for solar panels for power which works well except for some winter days. The wind energy system will have 1000 watt output. Pedley informed the committee that Verlin Coy stopped in the office and stated the township had no problems with the permit. Only one neighbor on the list was heard from to state he did not live there anymore.
Moved by Virginia, seconded by Bob to approve petition with the conditions that the tower be 60 feet and that if the tower were to fall the entire 60 feet would be on the property he owns. Motion carried.
Item # 6 The committee heard a petition from Judy Elliott for a Conditional Use Permit to place a dog kennel on her property of 35 acres in Section 16 & 17 of Orion Township
Discussion: Judy Elliott provided the committee with a plan where she gave the history of her present business of a kennel called Richland Area Rescue. She presently has a temporary contract with the Richland County Sheriff’s Department as the county’s dog catcher. She also takes in strays from the City of Richland Center and the Village of Muscoda. She works with various groups to assist her in the adoption of these animals. There has been a considerable amount of information provided including stipulations from a veterinarian. There is a network of groups that transport the dogs back and forth to assist in the adoption process. Elliott provided a map of her property that shows how much area she has to house the dogs. She stated she has approximately 40 to 60 dogs on the property at any given time. She has an area of 13 X 25 to house the puppies and another shed 30 X 40 where she keeps her other dogs. Elliott stated that this shed has a big open door on one end and a window with a fan and she will be installing another window in the future. Elliott told the committee since March she has sent 33 dogs to other shelters and since May she has picked up 32 from the County. She also stated that she is proposing to keep the contracted dogs at the location of her parent’s home for the 7 day holding period. The Kadousek’s live on Indian Creek Drive. Because of the contract, Sheriff Darrell Berlin asked a local veterinarian, Dr. Bradford, to view the property. Berglin, Pedley, Bradford and John Annear from the City Police Department visited the site. Since then, Bradford has made some recommendations to the county on the size and condition of the kennels. That list was provided to the committee. The following were statements from some of the adjoining neighbors heard from:
1.Charles Ray expressed his concerns on how to monitor animals to stay on the property. Noise has not been a concern for Ray although there is a concern on the distance to a neighboring house.
2.Marilyn Marshall, a zoning committee member stated she lives next door and sound does travel to her house and that it gets very noisy. She has had animals roaming to her house on occasion which she has had to chase home. She also feels there should be a limit as it is very disturbing to her but especially when she has company.
3. Ryan Keller from the township requested that the township would like it tabled until it comes before the Town Board. Pedley advised the Committee and Keller that a Conditional Use Permit is not required to get approval from the town board even though she does encourage the petitioners to go let their town board know what is being proposed.
There was further discussion concerning the other animals that are on the property. Elliott stated she has 55 horses during the winter and 25 during the summer, 4 geese, 8 chickens, 10 ducks, 7 goats, 15 cats and kittens and 20 calves. Elliott stated she will not be taking in any more horses as it is too expensive to feed them during the winter. Pedley stated that even though a kennel is for domestic animals, the amount of farm animals would reflect on the amount of domestic animals the property could handle. She also stated that the ordinance requires a kennel to be 1,320 feet from another residence under separate ownership. She thought at first the only residence in question would be Marilyn Marshall but now having done a map, it appears that Marshall and Ray residences are within this distance. She stated that Elliott would have to go before the Board of Adjustments and request a variance to that required distance. Pedley also stated that since this kennel is something the county is in need of for their purposes it is important that the conditional use permit be very detailed. Pedley asked if the specifications from Bradford could be met. Elliott stated that she has installed a concrete pad and there will be fans installed and that the shed has doors on both ends.
Elliott advised the committee there are currently 12 kennels that are 5’ x 10’ or 10’ x 10’ and one larger one at 13’ x 25’. Chairman Rasmussen questioned the animal units but there are no maximum animals units in the Agriculture/Forestry district. Wiedenfeld stated she has concerns there is too many animals for 35 acres. Pedley asked Elliott if there was any way to minimize the noise. Elliott stated if she gets the contract she will build an enclosed shelter which will help the noise if she gets a permanent contract with the county. Discussion continued about stray animals that was a concern of the neighbors. Wiedenfeld stated she would like to have a maximum number set on the animals allowed which should include Elliott’s parent’s farm on Indian Creek. Pedley will check with corporation counsel about a conditional use permit being place on the Kadousek farm.
Motion by Wiedenfeld, seconded by Marshall to table the Conditional Use Permit application for further review, allow the township to comment and to bring the petition back at the scheduled special meeting later this month. Motion carried.
Item # 7 Duren petition tabled from the June 1, 2009 meeting. Duren was not present and Pedley told the committee she has not heard from him. The petition will remain tabled.
Item # 8 Discussion: Chapter 91 Farmland preservation. Pedley spoke with Keith Foye from DATCP and explained how to form an Agricultural Enterprise Area. This would be necessary for any farmers in the unzoned townships to gain tax credits. Pedley felt Richwood may be the township that has the most contiguous prime farmland. Pedley will go to each of the unzoned towns and then go to the rest of the towns to explain to the locals how the program will work. She needs to accomplish this by the end of the year when the conversion fees go into effect.
Item # 9 Possible approval of amendments to the Richland County Zoning Ordinance #5: Pedley reviewed where the committee was in the process so far and where we should go next. It is thought that at the next special meeting we can discuss our residential and commercial district. Discussion continued about the necessity of having 2 agriculture/residential district.
Item # 10 Gotham zoning violation: After some investigative work Pedley found both the leads concerning the alleged car repair at the Grau residence were false. She relayed the message to the neighbors of the Grau property that unless some substantial evidence is found that Grau is indeed carrying on a commercial car repair, the county cannot do anything. If the neighbors are having a hard time with the noise then they will have to file a civil suit. Pedley informed the committee that Buena Vista has their own junk car ordinance and would have to deal with those complaints.
Item # 11 Zoning Administrator report: Pedley is requesting an extension for her vacation; she has 2 weeks and a couple of days left from her 2008 vacation time. Motion by Holets, seconded by Wiedenfeld to allow a 6 month extension. Motion carried.
Item # 12 The
next regular meeting is set for Tuesday, September 1, 2009 at 9:00 AM. Special
meeting is set for Thursday, August 20 at 10:00 AM. Motion to adjourn by Bob at
10:55 AM, seconded by