Richland County

Office of the Zoning Administrator

Courthouse

181 West Seminary Street

Richland Center, WI 53581

 

ZONING COMMITTEE MEETING MINUTES

April 4, 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, Betty Havlik, Harriet Pedley, Mary Storms, Ellen Stittleburg, Drago Stittleburg, Melvin & Marietta Mishler, Charles Perkins, Kenny Anderson and Dale Bender.

 

Item #2            Motion by Clausius, seconded by Havlik to approve the agenda and publication.  Motion carried.

 

Item #3            Motion by Marshall, seconded by Clausius to approve the minutes of the March 7, 2005 meeting.  Motion carried. 

 

Start of Public Hearing 9:03 a.m.

 

Item #4            The committee heard the petition of Ellen Stittleburg, owner and Drago Stittleburg, buyer to rezone 3.04 acres from Agriculture/Forestry to Residential-2 in Section 20 of Westford Township.  Ellen Stittleburg stated that Drago, her son, who runs the farm, lived in a mobile home until last October when it was destroyed by fire.  Drago owns 120 acres on the lower side of the road and Ellen owns approximately 153 acres on the upper side of the road where the farm buildings are.  Ellen would like to sell Drago 3.04 acres on the north side of County II where the farm buildings are so the children would not have to cross the road.  There has been a soil test complete and a mound system has been approved.  Clausius stated that it makes sense to have all the buildings on the same side of the road.  The Town of Henrietta sent a letter that they had no problem with the request.  A brief discussion followed between the board and the Stittleburgs.  Motion by Clausius, seconded by Havlik to approve the petition to rezone 3.04 acres from Agriculture/Forestry to Residential-2 in Section 20 of Westford Township and pass it to the next county board session.  Motion carried. 

 

Item #5            Motion by Rasmussen, seconded by Clausius to table the petition of Henry Maslach to rezone 10 acres from Agriculture/Forestry to Agriculture/Residential in Section 12 of Richland Township as Maslach was not present.  Motion carried.

 

Item #6            The committee heard the petition of Tom Shields (THS Development, LLC) seller, and Steve and Donna Hoth, buyers to rezone approximately 20 acres from Agriculture/Forestry to Agriculture/Residential in Section 11 of Eagle Township.  Shields stated that he has approximately 65 acres and that the Hoth’s want to buy approximately 40 acres that joins their parcel.  The remnant parcel of 25 acres where the improvements are is the parcel in question. Pedley provided a letter from Eagle Township with their approval.  There is an existing driveway and address established.  Discussion between the committee and Shields followed.  Motion by Marshall, seconded by Clausius to approve the rezoning of approximately 25 acres from Agriculture/Forestry to Agriculture/Residential in Section 11 of Eagle Township and pass it to the next county board meeting.  Motion carried. 

 

Item #7            The committee heard the petition of Melvin and Marietta Mishler to obtain a conditional use permit for a family farm business, wholesale/retail bulk food, in Section 4 of Henrietta Township.  Pedley stated that she and Melvin have both been trying to reach Amy Bender of the Department of Ag and neither has had any luck getting a response back.  Pedley stated that she contacted DATCAP and they sent a list of requirements that the Mishler’s will have to meet.  Mishler stated that they intend to sell non-perishable items, more dry ingredients than anything.  A wholesale distributor will bring products and they will be stored on site.  Verlin Coy, Chairman for the Town of Henrietta, contacted Pedley and stated the Town had no problem with this request.  A 2000 gallon holding tank will be required to accept the waste from the structure.  The permit will also include an affidavit saying if their use gets greater than 150 gallons per day, they agree to install an absorption area. Mishler stated that he had talked to Grace Clark, from DATCP approximately a year ago who said that an outhouse was sufficient to provide sanitation for their customers.  Mishler stated also that it would only be family members working at the business.

           

            Conditions placed on family farm business:

 

1.      All state (especially DATCP) and local permits shall be obtained prior to                      commencement of business.  A copy of all state permits shall be sent to the zoning             office and attached to the record.

2.      Hours of operation – Mondays through Fridays 8 a.m. to sunset (Business to be closed Saturdays and Sundays).  

 

            Motion by Clausius, seconded by Havlik to grant the conditional use permit with the above conditions in place.  Motion carried.

 

 

Item #8            The committee heard the petition of Charles and Phyllis Perkins, owners and Dennis Perkins, buyer to rezone approximately 11 acres in Parcel #1 from Agriculture/Forestry to Agriculture/Residential and approximately 20 acres in Parcel #2 from Agriculture/Forestry to Agriculture/Residential both in Section 10 of Dayton Township.  Perkins stated that the farm of 170 acres was his wife’s home farm.  They want to sell approximately 11 acres with the improvements to their son Dennis.  Charles & Phyllis would like to build a new home on another parcel of approximately 20 acres.  Their intent is to sell portions of this farm to all of their children in the future.  Havlik stated that the Perkins had been to the township regarding a driveway but nothing was discussed about the rezonings.  Rasmussen stated he would like to have more details about what their plans are.  Perkins stated that the survey had just been completed last week.  Dale Bender, who is a neighbor, stated he has concerns about the farm being divided down into smaller lots and he does not want to see a dirt bike track on the property.  Bender is also not in favor of a mobile home being put on the site.  Dennis Perkins stated he does own a 16 x 80 mobile home and the home on the 11 acre site will needs to be razed.  Pedley stated that a conditional use permit will be required in the Agriculture/Residential district in order to bring in a manufactured home of less than 24 feet wide.  Motion by Rasmussen, seconded by Havlik to table the Perkins petition until they have appeared before the Dayton town board.  Motion carried.

 

Close Public Hearing 9:50 a.m.

 

Item #9            Ithaca Township Rezoning – Section 6, 7.982 acres from Agriculture to Agriculture/Residential for Bruce Kitsembel.  Anderson stated that the Town of Ithaca has approved the request for Kitsembel.  Motion by Clausius, seconded by Marshall to pass this rezoning on to the next county board session.  Motion carried.

 

Item #10          Comprehensive Planning – Pedley advised the committee of the next meeting which will be April 6 from 7:00 p.m. to 9:00 p.m. in Conference Room 2 of the Richland County Courthouse.  Pedley also stated that the minutes of all the previous meetings will need to be approved at the next zoning committee meeting.

 

Item #11          Friends of Richland County vs. Richland County – Pedley brought the committee up to date on the lawsuit.   Pedley stated that Attorney Yde still wants to depose Mr. Kramer and Mr. Shields. Pedley will keep the committee updated as things progress.

 

Item #12          Line item changes in 2005 budget – Pedley stated that $4,060.00 was budgeted in the 2005 budget for a color laser printer.  After checking on the price of replacement cartridges she found the cost to be exorbitant.  Another smaller printer can be purchased for less money.  Because of this, there will be surplus dollars in that line item.  Pedley asked that $500 be transferred from the new equipment line to computer software so ArcView 9 can be purchased.  This software is needed as an update to our existing ArcView software and is required by MSA our mapping consulting firm.  Motion by Clausius, seconded by Havlik to approve the line item change of transferring $500 from new equipment to computer software.  Motion carried.

 

Item #13          Zoning Violations – Pedley stated that there are 2 violations, both in Dayton Township.  One is Art Luttig and the other is Dan Doerr.  Pedley will be contacting both individuals to get the offenses taken care of. 

                        Pedley also stated that she is having trouble with Marion Weglarz, who has the winery in Orion Township.  Pedley has been in contact with the highway department about the signs that Weglarz has placed in the road right-of-way.  The highway commissioner had sent him a letter telling him to remove the signs that were in the road right of way.  It appears he has ignored that letter since Weglarz has been putting more directional signs on the county roads showing the way to the winery.  Pedley also stated that Weglarz has placed signs all of these signs without permits.   

 

Item #14          Report from zoning administrator –   Pedley stated that she has handed out a sample conditional use permit application using an imaginary business.  She would like the committee to look over the handout and make any suggestions. We can discuss it at the next meeting.

 

Item #15          The next regular meeting will be held on May 2, 2005 at 9:00 a.m.  Motion by Clausius, seconded by Marshall to adjourn.  Motion carried.