Rushford Zoning Committee Minutes

Wednesday, July 27, 2011

 

Committee & Board members present:  Tom Jackson, Larry Hildebrand, Dean Kaderabek, Jan Clausen, Fred Kasten, Tom Egan, Jerry Schoonover, Pat Kafer. Peggy Hendricks; also present for all or part of the meeting:  7 additional persons per attendance record on file.

 

Tom Jackson called the Public Hearings to order at 7:00 pm. 

 

Public hearing for Michael & Cheryl Haedt.  Fred Kasten read the public posting.  Michael & Cheryl Haedt, 1174 Division St, Green Bay is requesting a zoning change from A-1 to A-2 on Parcel #022 0196 located at 4435 Poygan Ave, Omro WI.  This is for Lot 2 on a CSM of 5.1970A, where they are selling off the farmstead and keeping the rest in A-1 for agricultural.  That will be Lot 1 on the CSM for 24.02A.

 

Motion by Dean Kaderabek, 2nd by Larry Hildebrand to recommend to the Board to rezone Lot 2 on the CSM  from A-1 to A-2, which shows Parcel # 022 0196 being divided.  Motion carried.

 

Public hearing for Clair & Ruth Retzlaff.  Fred Kasten read the public posting for Clair & Ruth Retzlaff, 4924 County Trunk F, Omro, WI.  They are requesting a zoning change from A-1 to A-2 for parcel # 022 0082.  This would be for Lot 1 of a CSM which is 3.228A with Lot 2 of 38.273A staying as A-1, as divided by the CSM.  Fred Kasten stated that he was told this was a 3.2A parcel and should be rezoned A-3 instead of A-2 since it is under 5A.  It was advertised A-1 to A-2.  A new tax parcel will be issued to Lot 2, which will stay A-1.  Fred Kasten asked if there is an easement for the property in the back and Mr Retzlaff stated there is.

 

Motion by Tom Egan, 2nd by Jan Clausen to recommend to the town board to rezone Lot 1 from the CSM which divided parcel # 022 0082 from A-1 to A-3 if the posting is done and meets the legal requirements.   Motion carried.

 

Public hearing for Tom Schroeder.  Fred Kasten read the public posting for Tom Schroeder, 3143 County Rd E, where he is asking to rezone Parcel #022 1489 which is located at 3095 County Road E, Eureka, to be rezoned from C (Commercial) to R-1 (Residential).  A map was available that showed the Eureka Assessors Plat changes.  The building on the lot is non-conforming.  Under new State Statues, a non conforming building  may be improved and remodeled without a dollar limit as long as the footprint was not changed.  The overhang is over the property line, but the building itself is just inside the property line on the east side and the west side is right on the property line.  The question of the zoning committee members was who actually owned the alley.  After the assessors plat was done, tax parcel 022 1489 and Lautenschlager property has total access to the right away.  That is 48’ 11”.  The board was wondering where a septic tank would be located.  The Riley property west of the parcel in question does have a holding tank directly behind the building. 

 

Fred stated that the real question is what the future of downtown Eureka is.  Our existing comprehensive land use plan has these properties commercial.  The probability of development in downtown Eureka is unlikely with the small lots and maybe our land use plan should be amended.  Dean stated that these lots are zoned commercial and there is no place for parking.  He asked if this was a predominant residential area and Fred stated it was.   Dean asked if he built vertical on the original foot print, if he would be issued a building permit or if he would need a variance.  Tom Egan stated all he would need is a building permit from the Town. 

Terri Wagoner stated that Tom Schroeder has been non conforming in his actions.  Things that have been asked by the town, has not been done.  She asked if this could be tabled until he starts conforming to what the town has asked him to do.  Dean Kaderabek said that the board is only looking at this one parcel that is bought before the committee.  They cannot take any other properties into consideration.  This is only on parcel #022 1489.  Fred explained that all permits and site plans for electrical, sanitation, etc would have to be obtained before construction can be started.  He would have to ask the neighbor for access if needed, but that is not the towns concern.  A building permit for a different owner of the parcel in question had been issued at a previous time.  

 

Tom Egan stated that this is a piece of property that has sat in Eureka for a long time and we have someone who wants to fix it up.  Because of past history it will be watched.  But rather having it sit empty, he would like to see it fixed up and be able to bring in some income.  He feels that down the line most of the small properties downtown Eureka will be used for residential.  Tom Schroeder has his sanitary permit; the state inspector has been in and told him what to do as far as heat, electrical and the plumbing.  He feels it should be used for something instead of sitting and rotting away. 

 

Terri Wagoner stated that she feels that these properties will be rented to people that are not desirable for the town and feels that these will all be slum lord properties.  Tom Egan stated that legally you cannot deny someone from renting a place just because you think they are not desirable. 

 

Tom Egan asked if it had to be rezoned to R-1 to have a residence.  Fred Kasten stated that he could get a Conditional Use permit for a residence on a Commercial zoned property.  Fred commented that he feels this building and lot could be a nice 1 bedroom apartment and feels that in the next 10-15 years, development in Eureka would be along the river, not on County Hwy E.   He does not feel a business like Kwik Trip will be coming to Eureka.  He can see businesses such as antique stores, farmers market, etc.  He feels there is not enough parking area for any businesses to be developed in downtown Eureka. 

 

Dean Kaderabek made a motion to recommend to the town board to rezone parcel #022 1489 from from C  (Commercial)  to R-1 (Residential)  for the following reasons:

·         It is in a residential neighborhood

·         Parking and infrastructure is inefficient to sustain a commercial activity.

Tom Egan 2nd the motion.  Motion carried. 

 

Amendment of Conditional use permit for Jim & Peggy Hendricks, parcel # 022-043002

Tom Jackson explained that the site on the property where they wanted to build was in a navigational stream area.  Peggy had the DNR come out to do a determination and the DNR stated that they would lift the navigational stream, for they did not find proof that it was such.  She is requesting to amend the motion so they could build a new building instead of using the existing structure.  The motion that was made and approved is as follows:

 

 

Ø  Requested was permission to manufacture distilled spirits for legal beverage consumption on A-2 property.  The zoning committee approved the Conditional use permit with the following conditions:

 

·         Use the existing structure on the south side of the property for business activity

·         Will be reviewed 1 year after startup

·         Retain county, state and federal permits and town permits if required.

Pat Kafer abstained from voting. 

Motion by Schoonover, 2nd by Egan to approve the Conditional use permit for Jim & Peggy Hendricks, 3570 N County Road K, Omro, Parcel # 022-043002 to manufacture distilled spirits and go along with the recommendations of the zoning committee.  Tom Egan stated that they would need to get a building permit for when they start remodeling the existing building they will be using.  Motion carried by 2, one abstained. 

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Peggy Hendricks stated the DNR was out on July 6th and stated they would lift the navigational stream on the parcel in question and the two parcels adjourning.  She has not received the DNR’s determination yet, but would like to be able to start work as soon as it is received and changed at the county level.  She would like the previous motion amended to say that activity would take place in a new building on a new site location.  Fred Kasten asked if a new site plan would be filed and it was stated that one would be.  The building will be a 30x40. 

 

Dean Kaderabek made a motion to revise Condition #1 on the Conditional use permit issued to Jim and Peggy Hendricks to be recreated and read:

                The activity will take place in a new building as depicted in the site plan. 

Motion 2nd by Larry Hildebrand. 

Tom Egan asked if the neighbors were notified.  Peggy Hendricks stated that she informed them, but she did not send them a letter.  Motion shall include that all adjourning land owners will be notified by letter before the next town board meeting.  Motion carried. 

 

Old Business:   Fred Kasten asked if we have all the information to draft the no wake ordinance.  Dean Kaderabek has it all drafted, but he is waiting for the buoy coordinates for Delhi.  Tom Jackson talked to Steve Allen and he said he would get these for us.   It is thought that the work on the Locks will start in August and that they will not be needed for this boating season of 2011.  Pat Kafer asked if there was a reason why Delhi has buoys.  It is thought these are not approved by the Corp of Engineers and the DNR has no record of these.  No one knows who puts these out and why they are put out.  No one swims in the area and it all has rock and seawall on the properties so there is no erosion.  He also feels Omro has gone way over board on their no wake.  The Wolf River has no wake from Friday at midnight till Sunday at midnight.  Dean stated that the board can strike or eliminate Delhi coordinates if they wish.  It is hard to give coordinates of the buoys in Delhi to someone if no one knows who to give them to.  

 

Dean Kaderabek will report on the duel zoning at the next meeting.  He has 125 pages of everyone’s zoning for the Town of Rushford and will have to sort through those to see who has duel zoning. 

 

Tom Egan feels that we should update our planning -zoning book.  He feels that in the next budget, money should be put aside to have this done.  Fred Kasten said that at the end of this year, the county will have their comprehensive zoning updates done and there will be good references for our use.  Dean says a lot of towns are re-visiting their ordinances and hiring professionals to make sure they are according to the law and easily administrated.  We should include the wind and solar and things that are happening today.  Dean stated that we could either spend the money and update our book or send a letter to the county and go under county zoning.  By law, after the county does an update on their comprehensive zoning, a town has an option to get or out of county zoning for one year.  Dean feels a complete rewrite should be done.  The costs would be between $15,000 - $30,000.  Dean Kaderabek will get us some numbers and people who do this.  Tom Egan feels it would be a great idea, for it would save the zoning committee and the town board a lot of time and headaches. 

 

New Business:  Patsy Pomplun stated that she had talked to Fred Kasten a couple of months ago and asked if they needed any special permits from the Town if they wanted to dig a pond.  Fred stated that they did not.  The Pompluns have gone to County zoning and they have signed off.  They have gotten an erosion permit to dig a pond and she wants to know for sure that there are no town rules or permits to follow and obtain.  They are out of DNR and county jurisdiction.  The Town does not have anything in their ordinances for ponds.  It was said maybe we should have a $250 pond permit when we redo our ordinances! 

 

Motion by Kaderabek, 2nd by Jackson to adjourn the meeting at 8:40 pm

Respectfully submitted by Peggy Hendricks, Clerk