Rushford Zoning Committee Minutes
Wednesday, June 29, 2011

Committee members present: Tom Jackson, Larry Hildebrand, Dean Kaderabek, Jan Clausen, Fred Kasten, Jerry Schoonover, Pat Kafer. Peggy Hendricks

CSM approval for Cole Sandstrom was on the agenda, but it was not ready in time for the meeting. Tom Egan explained that CSM approval does not have to come before the zoning committee.

Mike Haedt, 4435 Poygan Ave, Parcel # 022 0196 is asking for 5.197A out of a 30A parcel. He would like to have this zoned A-2 and has a CSM for this parcel. Fred asked why it was not 5A and he replied that Tom Egan told him that it would have to be over 5A to be zoned A-2. He requested 5.5A and after it was drawn up with road right away, etc, it ended up at 5.197A. Tom Egan stated that it is written in our books that a parcel has to be over 5A to be able to have animals without a Conditional Use permit. If we want to restrict the number of animals and consider land use for animals, then our code should be re-written. The density of animals is controlled by the state and the county with the animal nutrient program.

Tom Egan made a motion to recommend to the Town board to rezone 5.197A, parcel #022 0196 from A-1 to A-2, rural agriculture, once the zoning application is completed, submitted and paid. Dean Kaderabek 2nd the motion. Motion carried. This will have to have a zoning hearing on July 27, 2011 and will go to the Board in August.

Public hearing for Don & Joyce Gabrilska, Parcel # 022 0072 to rezone from A-1 to A-2. They would like to sell the land and have it re-zoned to A-2 to have more flexibility on the parcel. It would still be used for agricultural. The Town will have to find out if there are any conversion fees when going from A-1 to A-2 before this is sent into the county. Motion by Tom Egan to recommend to the board to rezone Parcel #022 0072 from A-1 to A-2, but do not send the zoning application into the county until we find out about the penalties. Larry Hildebrand 2nd the motion. Motion carried with 5 ayes – 1 nay. 

Mrs. Gabrilska asked why there was a nay. Dean Kaderbek stated that there are two vacant lots to the north and the town tries to protect prime farmland.

Public hearing for Tom Schroeder, parcel #022 120701. This parcel was duel zoned by the town and that does not agree with our comprehensive plan. It is zoned A-2 and R-1. The request is to have it all zoned R-1. Fred Kasten stated that since this is a town error, Mr Schroeder would have to pay for the publishing costs, but not the zoning change charge. If there are other properties in the town that are duel zoned, there will be a zoning hearing for the parcel along with a scheduled zoning committee meeting. Peggy did not have the map of all the other properties that are duel zoned, but Mr Schroeder did fill out a zoning change application for this parcel, so it was scheduled for this evening, for there was already a zoning committee meeting scheduled. 

Terry Wagoner stated that Tom Schroeder expressed interest in swapping land with them, so she would like to hold off on the zoning change, for if they did swap land, she would want it zoned A-2 instead of R-1, for they own the lot behind that, and that is zoned A-2. Mr Schroeder requested that he wants to follow through with the application. He has applied for a sanitary permit for this parcel.

Fred stated that small village lots are not A-2 lots and should be zoned R-1 or Commercial. This is a non conforming lot and the closest fit to a zoning district is R-1. 

Pat asked if you have R-1 property, can you put up an accessory building before a residence and the answer is no. It was asked if you could have a garage with a house on top and Fred stated you could if it met all the restrictions including the height restriction. There is a 75’ set back on a county or state highway. All other permits would be required, such as your sanitary permit. 

Dean Kaderabek made a motion to recommend to the board to rezone the entire parcel # 022 120701 to R-1. It is the closest fit to any of our zoning districts. Tom Jackson 2nd the motion. Tom Egan abstained from voting. He stated he is at odds with Mr Schroeder, for he has been told to take the pipes out of the lot and that is not done. There are vehicles there that are not licensed. There are other things going on in the town that Mr Schroeder is not conforming to. Motion carried. 

Tom Egan told Mr Schroeder that he has been working on a building with no permits. He has told him to stop building, stop the electrical work and he is still working on the building. There is a garage on Quarry Road that was told to come down for it was built too high. He has been told there are sanitary permits applied for these properties and has a hard time working with someone if they will not listen when is told to stop work and get his permits. The next step will be a cease & desist order, going to the Town attorney and file citations. A plan has to drawn up and it has to be inspected. There are no permits posted in plain view and nothing can be done until these permits are obtained. 

Old Business: Tom Jackson talked about animal permits. He was wondering if we should drop discussing issuing animal permits instead of Conditional Use permits. Dean stated that we should not be issuing Conditional use permits for A-2 properties. Our ordinance will have to be amended referring back to the State Statues with animal units. It can also be amended saying 1 acre will be used for home and utilities. The rest can be used for animal units. 

Pat stated that we do not have anything in our ordinance stating that penalties will be issued if permits are not obtained and posted for building. We do have issuance of penalties in our ordinance that we can enforce for being in violation of non compliance – Section 2.073. Tom Jackson said a Cease & Desist order should be issued to Tom Schroeder. Dean asked if we should consider issuing occupancy permits in the town. 

Discussion on why the cell tower work was stopped. They did not have storm water, soil & erosion permit, so they had to stop work. Pat Kafer asked why Rick Tritt who is moving a lot of ash and non ferrous material does not need to apply for a permit. 

Peggy Hendricks read the email from Danielle Zarling she received regarding her neighbors fence which was acted on at the June Board meeting. Pat Kafer said he knew the fence was moved after the survey was taken to be put on the new lot line. Tom Egan said that when it was grandfathered, it should have been where it was previously. Peggy Hendricks stated that when she sent the letter to the property owners, it was written exactly what the town board had said at the board meeting. The Board voted to leave it the way it was, for our ordinance has conflicting wording on fence placement which will be rectified when we go though our ordinances. Pat Kafer said he felt the fence should go back 2’ from the lot line. This was already acted on by the Board. The attorney did state that we do have conflicting wording. In other towns, the fence has to be on the lot line. It is a cyclone fence and the question is if it can be maintained on both property owners’ side. 

Fred Kasten asked if the alley by Langebergs and Schroeders is a right away or if it was changed by the Eureka’s Assessors Plat. 

Pat Kafer asked the clerk if she could contact WTA and ask if we need an attorney to amend town ordinances. 

Tom Egan informed us that the planning office has moved to 112 Otter St in Oshkosh. The number is 232-3344 and the GIS office is 232-3340.

Peggy Hendricks read two memos she received concerning rescheduling of County Zoning meetings. 

Tom mentioned that a resident on a 3A parcel on Wayside Drive had 1 ˝ A of tillable land. Fred had worked up that land until a couple of years ago, for she had built a shed and planted a row of cedar trees on the property line, so Fred did not work the land this last spring. She received a land use penalty from the County and did not know why she received it. The classification of the land was changed by Larry Timm, so the County sent the penalty. She had a chance to discuss this at the Board of Review, but she received the notice after the fact.

Motion by Clausen, 2nd by Kaderabek to adjourn the meeting at 9:25 pm

Respectfully submitted by Peggy Hendricks, Clerk