Richland County

Office of the Zoning Administrator

Courthouse

181 West Seminary Street

Richland Center, WI 53581

 

ZONING COMMITTEE MEETING MINUTES

December 5, 2005

 

Item #1            The zoning committee meeting was called to order by Chairman Rasmussen at 9:00 a.m.  In attendance were Richard Rasmussen, Marilyn Marshall, Carol Clausius, Bruce Wunnicke, Betty Havlik, Harriet Pedley, Mary Storms, Bill Schroeder, Chad Genshaw, Darrin Crook, Jane Ewing, Twyla Gillingham, Dan Parduhn, Ann Greenheck, Jim Lewis, Lance Gurney, Mark Higgs, Kenny Anderson, Jim Moest, Milton Sprecher, Tom LaBudde, Michelle Bassett, Bernard Easterday and Greg Greenheck.

 

Item #2            Pedley stated that the agenda had been posted on the bulletin board and published in the newspaper.  Motion by Clausius, seconded by Marshall to approve the agenda and publication.  Motion carried.

 

Item #3            Motion by Havlik, seconded by Marshall to approve the November 7, 2005 and November 14, 2005 mailed minutes.  Clausius stated that the minutes of November 7th need to be amended to read beauty salon instead of beauty saloon.  Motion carried.

 

Start of Public Hearing 9:03 a.m.

 

Item #4            Rasmussen called for the public hearing to begin regarding the creation of an overlay zoning ordinance for the Tri-County Airport.  Lance Guerny, Sauk County’s Planning and Zoning Director, explained that this ordinance will cover the same area as the existing Height Limitation Ordinance that was adopted in 1994.  Guerny also explained the zones that are proposed and pointed them out on the map provided.  Zone 1 is the Airport Runway District and the most restrictive.  Only structures that are necessary to the functionality of the airport are allowed here.  Zone 2 is the next restrictive zone and is in the flight pattern of aircraft approaching and departing the airport.  Zone 3 is the Moderate Impact Runway Approach & Departure District.  This district allows any permitted use in the underlying zoning district except those that are specifically prohibited in this section.  Zone 4 is the Noise Control Overlay District. This district is the Noise Control Overlay District.  It’s purpose is to minimize the conflict between allowed uses and the noise generated.  Zone 5, Height Limitation Overlay and the least restrictive, covers the exact area that was previously adopted.  This district was created to protect the airport’s approaches.  The following people gave testimony:

 

Milton Sprecher:   Said that the airport continues to take more and more from him whenever they want and is wondering when it will all stop.  He stated that to the east and west of the airport there is irrigated lands, north is the bluffs and south is cropland.  He stated that he cannot irrigate this area as well as his other land because of the restrictions. He explained that the airport has been there for a long while and these changes have been implemented over time. He stated that the airport has not helped the Village of Lone Rock, as the Village has been losing businesses over the years.

Tom LaBudde:  Stated he is not against operational growth but as far as he can tell what the airport is doing is an invasion of his civil liberties.  He stated, like Sprecher, that the airport is taking and taking and no one is getting any compensation.  LaBudde also wondered by what statutory means the airport can continue taking of the land.

 Mark Higgs, Tri-County Airport Director:  Explained federal aviation involvement in requiring a land use plan for each airport.    He stated that funding will not be withheld without a plan but those airports with a plan will receive the funding first.  Clausius asked if they airport was expanding and Higgs answered no.  Higgs stated they are looking at is safety issues. There are more crashes on take-offs and landings and they want to make sure there are no additional obstructions in this area.  Discussion followed concerning rebuilding structures if they were destroyed. 

Michelle Basssett:  Stated that she had previously asked if they could rebuild on their two parcels of 10 acres and ¾ of an acre.  Gurney stated that what exists now as a lot of record would be considered rebuildable. 

Ann Greenheck:   Spoke and stated she is pro airport but she wanted the committee to be aware that they are giving Sauk County all the rights to issue permits and the appeal process.  There was much discussion between all present regarding this process.  Gurney stated that the person wanting a permit in Richland County would first go to the zoning office in Richland County.  After the permit is complete, it would be sent to him for review.  It would then be returned to the Richland County Zoning office for their approval or denial.  Discussion then proceeded concerning the appeal process.  It was felt that Sauk County shouldn’t be the only county to dictate the appeal process.  It was felt that since it is Sauk, Richland and Iowa Counties that all 3 should be involved in the process. 

Greg Greenheck:   Remarked that he is on the Lower Wisconsin Riverway Board and he was wondering what kind of time frame is being looked at if a person needed the permits from all three regulatory agencies.  Gurney stated that he felt thirty (30) days should be enough time to complete all of the permits.

 Discussion followed and Rasmussen stated that to make things more clear that some changes will need to be incorporated.  Pedley will be meeting with Sauk and Iowa counties to discuss what changes need to be implemented.  Pedley stated they will look over the testimony from today and she, Gurney, corporation counsel and others will be working on getting the amended ordinance to the zoning committee and county board by the January session.  At 9:55 a.m. Rasmussen closed the public hearing for the Tri-County Airport Ordinance. 

 

Start of Public Hearing for Petitions at 9:57 a.m.

 

Item #5            The committee heard the High View, LLC, Jim Moest owner, petition for a conditional use permit for a large volume breeding or feeding operation in Section 10 of Eagle Township.  Moest spoke and said he and three others farmers purchased the farm previously owned by Seghers where a high volume hog operation used to be.  He stated they were not increasing the acreage or the number of structures on the farm.  When the LLC purchased the farm at auction they were under the impression that all permits were in place.  Later, when in contact with Mike Volrath from the DNR they found out that the necessary permits were not in place and there were no county permits.  Moest stated he has been working with the DNR and the county to get everything in place.  Kenny Anderson, from land conservation, was in attendance and stated that Moest has been working with their office and Sam Skemp of NRCS to get the required permits and paperwork in place for the nutrient management plan and manure storage.  Soil tests are being done on the land that the manure will be spread.  It was stated that if they are not enlarging the structures they won’t have to make the manure storage pond larger.  Pedley asked if the storage they have now will get them through the winter and Moest answered yes.  Pedley had spoken with Volrath and he stated that the permits for High View would not be ready for today’s meeting and he would not give her a specific date as to when they would be available.  Moest is hoping to have the necessary permits within the month.  Motion by Havlik, seconded by Clausius to table the conditional use permit for a large volume animal breeding or feeding operation until the necessary permits are received from the DNR.  Motion carried.

 

Item #6            Motion by Clausius, seconded by Marshall to bring the Schroeder/Alan Spring Campground petition off the table from the November 7, 2005 meeting for a Special Use Permit for expansion of an existing campground in Section 6 of Richland Township.  Pedley stated Schroeder had explained to the committee their plans for expansion last month.  The petition was tabled so the committee could get the input from the town board.  Pedley received the minutes from the township and they had no problem with the Schroeder’s plan.  Pedley then went on to explain that the following conditions were discussed: 

           

            1.  Reconfigure campsites to increase number of sites from 23 to 36

            2.  Shower/toilet facilities to be constructed/remodeled to state and local specifications

            3.  Acquire all other state and local permits and provide copies to zoning office

 

Motion by Wunnicke, seconded by Clausius to approve the Special Use Permit for expansion of an existing campground in Section 6 of Richland Township with the above conditions.  Motion carried.

 

Item #7            Motion by Clausius, seconded by Marshall to bring the petition of Bonnie Bailey, owner, Chad Genshaw and Darrin Crook, buyers for a Conditional Use Permit for multi-family dwellings on Lots 2, 3, 5, 6, 7 & 8, Block 21, Sextonville, Buena Vista Township. Genshaw stated that he had contacted Davy Engineering and did not receive much help from them concerning any expansion to the Sextonville Sanitary District.  He then contacted the DNR and received a letter from George Osipoff which stated that there is capacity for additional loading of roughly 15,000 gallons per day of flow.  The letter also stated that it would be unwise for the sanitary district commission to allow development that would “use up” all the excess capacity long before the 20 year period is reached.  Wunnicke stated maybe smaller growth may be the option and that 4 units might be the way to start.  Crook stated he has been in contact in some of the neighbors and their big concerns were that the building was going to be for low income families or maybe a half-way house and none were in favor of either of these.  Pedley stated that setbacks and vision corners may need to go to the board of adjustments for a variance.  Bernard Easterday spoke and he is not in favor of this project.  He stated he was basing his concerns on the comprehensive planning that the township has been working on and he feels that an apartment house is not what they have in their plans for Sextonville.  Easterday stated that single family development is what the plan calls for.  There was continued discussion between the committee, Genshaw and Crook.  There was discussion as to where the driveway will enter off the road, parking and green space.  Marshall stated that a 4 unit building would be an improvement compared to what is there now.  Parduhn stated that the fuel tanks were still in place but Genshaw and Crook stated that they have a letter stating that the tanks have been removed.   Motion by Wunnicke, seconded by Clausius to grant a conditional use permit for a 4-unit multi-family building.  Roll call vote was taken with Wunnicke, Clausius and Marshall voting in favor of the 4-unit building and Rasmussen and Havlik voting no.  Motion carried.  Motion by Clausius, seconded by Wunnicke to place the following conditions:  Motion carried.

 

1.      Acquire the necessary driveway permit from the proper authority.

2.      Developers to meet with the Sanitary Board of the Village of Sextonville to insure that the unit meets their requirements.

3.      Provide adequate parking with no parking (4 spaces) between the front of building and the road.

4.      All state and local permits with copies provided to the zoning office

5.      Attach final plans to permits.

 

Motion carried.

 

Close Public Hearing 11:28 a.m.

 

 

Item #8            Zoning Violations – Pedley stated she had been to Eagle Cave and the soil test has been completed.  A failed system was the result.  Pedley advised the owners that the zoning office needs to know the size of the tank that services the trailer and the public bathroom.   She advised the owners that if the tank is in good working condition it could be used as a holding tank if state plans are approved for such use.  The tank needs to be pumped, the size and age determined.  The Hanke’s were also advised that the trailer was to be removed and was given until May 1, 2006 to comply.

 

Item #9            Report from Zoning Administrator -  Pedley advised the committee that the Friends of Richland County had filed an appeal.  She will advise the committee with updates as they become available.

 

Item #10          The next regular meeting will be held on Tuesday, January 10, 2006 at 2:00 p.m.  Motion by Wunnicke, seconded by Marshall to adjourn.  Motion carried.