Office
of the Zoning Administrator
Courthouse
ZONING COMMITTEE MEETING MINUTES
Item #1 The
zoning committee meeting was called to order by Chairman Rasmussen at
Item #2 Motion by Clausius, seconded by Havlik to approve the agenda and publication. Motion carried.
Item #3 Motion
by Havlik, seconded by Clausius to approve minutes of
Start of Public Hearing
Item #4 The
committee heard the petition of Tom Shields to rezone 13.87 acres from Agriculture/Forestry
to Agriculture/Residential in Section 31 of Richland Township. Shields stated that at the time he purchased
the property he thought that it was already zoned Agriculture/Residential. When the survey was received it was
determined that the parcel did not meet the requirements of the zoning
ordinance. The buyer will be purchasing
the whole parcel. Shields stated that
there is already a survey done on the parcel.
Item #5 The
committee heard the petition of Lorraine Mueller & Robert Fouts to rezone 5
acres from Agriculture/Forestry to Agriculture/Residential in Section 20 of
Orion Township. Mueller stated that her
parent’s farm is being divided between her brothers and herself. Robert Fouts would like to improve the home
on the parcel which is something the other family members cannot afford. This request will create a five acre parcel
surrounding the improvements that will be owned solely by Robert Fouts. Mueller handed out a packet of information to
the committee and explained where the parcel is located. The family members will own the remaining 75
and would like to raise beef cattle at a later date. The township approved the request and no neighbors
were heard from. A brief discussion
followed between the committee and Mueller.
Motion by Clausius, seconded by Wunnicke to approve the petition to
rezone 5 acres from Agriculture/Forestry to Agriculture/Residential in Section
20 of Orion Township and pass it to the next county board session on
Item #6 The committee heard the petition of Bruce Hostetler for a Conditional Use Permit for a Farm Family Business in Section 16 of Eagle Township. Hostetler stated that he builds log furniture as a home based business. He had been doing this for the last couple of years. He has no employees at this time. He stated some logs are purchased locally and some are brought in from different states. The logs are stored off site at his father-in-laws. Hostetler is aware that no more than 2 persons who are not members of the resident farm family may be employed in the farm family business. Pedley stated she had not heard from any neighbors. It was asked what types of chemicals are used and Hostetler stated they only use varnish. He also stated that it is not always applied by hand but sometimes it is sprayed on. Wunnicke stated he would like to see a separate area for spraying. Hostetler stated he will be dividing a lean-to in half and half will be used for spraying. Wunnicke stated he would like to see an exhaust fan installed where the varnishing will be done. Hostetler stated that he has been able to control his waste sawdust (a garbage can full per month) so far. After some discussion between Hostetler and the committee the following conditions were placed on the property:
1. All federal, state and local permits need to be acquired.
2. No parking on state and county roads.
3. Need to comply with the ordinance for a sign permit.
4. Install exhaust fan in one half of the lean-to where varnishing is being done.
Williamson,
Item #7 Motion
by Wunnicke, seconded by Clausius to bring the
Item #8 Motion
by Havlik, seconded by Clausius to bring the Bannister petition off the table
from the
1.
Acres to be cleaned up is 9.7 acres in
2.
There will be no abandoned vehicles left on the
property – the abandoned vehicles are to be removed in 30 days from
3.
All tires to be removed in 60 days from
4. Old septic tank to be pumped and properly abandoned.
5. The old mobile home will be removed 15 days after the new one is occupied.
6. Well shall be tested.
7. All power shall be removed from old house.
8. Acquire driveway permit from the Richland County Highway Department.
9. All federal, state and local permits to be acquired.
Louise Jacob, a neighbor, had questions as to who was going to monitor the situation after the new trailer is brought in. Making sure no new abandoned vehicles are brought in or no new tires brought in or any other junk. Attorney Southwick stated that conditions have to relate to conditions being asked for and not all other matters. Attorney Southwick also stated that abandoned vehicles are a township matter and not a county matter. Motion by Wunnicke, seconded by Clausius to grant the conditional use permit to replace a mobile home less than 24 feet wide with a manufacture home of 24 feet or less that has at least 1,000 square feet of floor space with the above mentioned conditions. The vote was 4 in favor with 1 against, with Havlik voting no. Motion carried.
Close Public Hearing
Item #9 Friends
of Richland County vs.
Item #10 Neighbors to Albin Herbeck (Sextonville property) request to speak to the committee – Shawn Freestone appeared before the committee and stated that there is a mess around the Herbeck property and feels that it is a safety and health issue. There was to be a tree barrier installed but Herbeck has removed some of the bushes. Corporation Counsel Southwick stated that the condition the property was in when the town adopted zoned made it a legal non-conforming use. If the Herbeck’s expanded their non-conforming use of the property more than 50 percent the county could have done something. At that time, testimony from the neighbors was needed, but no one wanted to come forward so the county was limited as to what it could enforce. One requirement the county did apply was to provide vegetative screening which was ordered by the court and Herbeck did install. Southwick stated that if Freestone feels there is a health issue he needs to contact Marianne Stanek, the county health officer, to see what she can do. Southwick stated that the committee could direct Pedley to check out the court order to see if it is being complied with. Don Herbeck stated that his father is in failing health and that he has sold off a few pieces of equipment that were located on the site. Herbeck stated that they did pull a few bushes out as they were a hindrance of vision for anyone backing out of the driveway. Herbeck stated that Freestone had cut about 8 feet of branches off the trees. Freestone stated that his intentions were to construct a fence. Herbeck stated they would be willing to split the cost of constructing a fence. The committee agreed that both parties should come to an agreement on this situation.
Item #11
The property where the paintball court is located has now been sold to the Hanke’s son and has a separate deed. The parcel is now of illegal size and illegal use. The owner will be contacted by the zoning office giving him his options.
The Rybarczyk’s asked to be heard by the committee. They stated that sanitary permits had not been issued for additional bedrooms; that the old trailers have been removed and replaced with larger trailers; there is parking on the sides of the road; they questioned if the cabin foundations were to be completed by December 1, 2004 or the December 16, 2004 as they had heard two different dates; and they requested copies of the documents that were handed out to the committee
Item #12 Zoning Violations – No report.
Item #13 Report from zoning administrator – Pedley stated that the cats have been removed from the house on the Friends of Animals property. The garage on the property is going to be used to house the cats during the winter months.
Item #14 The
next regular meeting will be held on