County Zoning Agency MINUTES June 17, 2004 Meeting 6:00 PM. Courthouse Annex Auditorium Elkhorn, Wisconsin

Transcription

1 County Zoning Agency MINUTES June 17, 2004 Meeting 6:00 PM Courthouse Annex Auditorium Elkhorn, Wisconsin The meeting was called to order by Chairman Kuhnke at 6:00 p.m. Roll call Committee members present included Chairman Kuhnke, Vice-Chairman Russell, Supervisors Hilbelink, and Greg Holden. Supervisors Stacey and Goebel arrived at 6:15 and 6:25 p.m. respectively. County staff present Land Use and Resource Management Department Director Michael Cotter and Associate Planner Matt Weidensee. Public in attendance Roger Garite, Pell Lake; Robert Tilton, Lake Geneva; Kenneth Held, Burlington; Kyle Ide, Burlington; David Cleven; Fran Cleven; Diane L. Schuchardt; John Osborne; Kathy Kramer, Burlington; Steven Steinhoff, Eagle; Robert Mardak; Gene Kovacs, Delafield; Vera Brooks, Delavan; Cathy and Steve Durkin, Delavan; James Durkin, Bristol; Dan Napientck, Eagle; Mark Borst, Lake Geneva; Stanley Muzatko, East Troy; JPC, Whitewater; Christine T. White, Madison; Bill Gnatzig, Roberts, WI; Barbara Goodnough; Bill Knickrehm, Town of Richmond; Laura Triebold, Town of Whitewater; Cliff Gnatzig, Whitwater; Tom Marshall, Town of Richmond; Susan Christiansen, Town of LaGrange; Patrick G. Lewis, Town of East Troy. There were four agenda withdrawals as follows and these items will be scheduled for the July 15, 2004 public hearing: Concetta Gerambia and Daniel Hurzeler, Town of Bloomfield, Rezone and related Conditional Use Thomas C. Yakes (Town of Delavan, App.), Town of Delavan, Conditional Use Michael and Mary Pautz, Town of Troy, Rezone Supervisor Hilbelink and Greg Holden moved approval of the agenda as amended. The motion carried 4 0. Chairman Kuhnke recommended postponement of the first item, which was an amendment to the Walworth County 2020 Land Use Plan and the 2000 Walworth County Park and Open Space plan regarding the Ice Age Trail, until Director Michael Cotter arrived. The County Zoning Agency minutes of May 6, 2004 and May 20, 2004 meetings were approved on a vote of 4 0 on a motion and second made by Greg Holden and Supervisor Russell. Associate Planner Matt Weidensee explained the public hearing procedure to the audience.

2 County Zoning Agency Minutes, June 17, Kenneth Held, Town of Lyons, Rezone 1.56 acres of A-1 to A-4 and Ken Held (Kyle Ide, App.), Conditional Use for an asphalt maintenance/coating business on lands proposed to be zoned A-4, Ken Held (Richard Huffar dba Alden Pallets, App.), Town of Lyons, Conditional Use for a pallet reconstruction business on lands proposed to be zoned A-4, and Kenneth Held, Conditional Use for off-season storage facility on lands proposed to be zoned A-4 (TAPE I, ) This site is 1.56 acres of land located in Section 9, Town of Lyons. The proposed use of the site is to create a pallet reconstruction business, an asphalt coating company, and an off-season storage facility. There is no Town decision as yet. It was staff s understanding that one of the businesses located on the site is a car repair shop. This repair shop was not mentioned in the applications. This use would require a separate conditional use and would not be allowed in the A-4 district. Staff also indicated that per a copy of a letter from the Wisconsin Department of Commerce, the asphalt tank located on site is not registered. The letter indicates that the tank is not in compliance with venting, containment, building setback, and collision protection standards of the State. Staff recommends that the storage tank be required to comply with the State standards as a condition of the conditional use permit if granted. Staff has indicated that the applicant has been burning waste materials from the pallet company on site. In addition, materials have been stored outside on the property. Burning of materials on site may be a violation of local burning regulations. The plan must be amended to show any outside storage areas that would be associated with the pallet business. Kenneth Held appeared before the committee. He said he wants to make use of the farm buildings he has. He said he will appear before the Lyons Town Board in July. Greg Holden asked if the car repair was still a part of the request. Mr. Held said no. Mr. Held said he owns the remaining A-1 land, which is approximately 75 acres. He said the pallet and asphalt coating businesses are currently being run. The request is to correct a zoning violation. He said there would be approximately eight employees in the businesses. He said the leftover pallet wood is ground up for wood chips. A letter in favor of the request was received from Nicole Weyrauch who lives on Hospital Rd. Speaking in opposition was Kathy Kramer who is a neighbor to the west. She said Mr. Held went before the Lyons Town Board about three months ago and was voted down. She said she does not want to live next a factory, that it is very noisy. She said she does not think the buildings are up to code as far as running a business. In rebuttal, Mr. Held said the zoning he tried to apply for before was for the auto repair, or M-1 zoning. He said he has since changed to A-4. He said there s a porta-pottie on the premises. Amendment to the Walworth County 2020 Land Use Plan and the 2000 Walworth County Park and Open Space Plan in regard to removing that portion of the Ice Age Trail running on the east, west, and south sides of Whitewater Lake. (TAPE I, ) Michael Cotter explained that this item is a proposed removal of the Ice Age Trail running on the east, west, and south sides of Whitewater Lake in a letter dated March 9, 2004 from Christine Thisted, Executive Director of the Ice Age Park & Trail Foundation. Ms. Thisted appeared before the committee and stated that the controversy is not doing the trail any good. They need willing participants. Mr. Dave Cleven, whose property the proposed route would cross, cited many reasons his family does not want the trail to cross their property from possible vandalism, trespassing, etc. Tom Marshall, developer and owner of Marshall Heights Subdivision, also said he is in favor of removing the trail. He said his subdivision is an up-scale subdivision and wants it to be private. Bill Gnatzig also spoke against the trail saying his parents passed away a few years ago and the family is trying to settle the estate. He said they not only are asking for the Ice Age Trail name

3 County Zoning Agency Minutes, June 17, to be removed, but also that the trail be removed from their property. Laura Triebold, Whitewater, asked if the trail crosses her property, what does she do about her crops, what about animal waste, etc. She said the trail has many ramifications on property owners. Supervisor Goebel asked Mr. Cleven if he would be willing to support an alternate means other than removing the trail from the Land Use Plan and Comprehensive Plan. Mr. Cleven said they do not want the Ice Age Trail or a substitute County trail on their property. Matt read a letter from State Rep. Debi Towns of the 43 rd Assembly District, also in support of removing the trail. Also read was a letter from Richmond Town Chairman Wayne Redenius, referring to a letter of September 9, 2003 from the Town in opposition to the Trail. Kevin A. Hellenbrand (RSV Engineering, App.), Town of East Troy, Rezone 1.8 acres of A-1 to B-2 (TAPE I, ) This is approximately 1.8 acres of land located in Section 3, Town of East Troy. The Town has approved the request. The proposed use of the site is to construct an office/plumbing supply building for the operation of K H Water Specialists. Gene Kovacs from RSV Engineering represented this item, along with the owner, Mr. Kevin Hellenbrand. Mr. Kovacs stated the property is located along County Highway ES, just south of the Elegant Farmer and across from the New Life Community Church. The property is currently vacant, wooded and extremely irregular in shape. There has been no history of farming on the site. He said Mr. Hellenbrand proposes to operate a water softener business and plumbing supply business. He will also have a small showroom. The operation does not deal with hazardous materials and will not be a nuisance to its neighbors. The business operates under normal business hours. The installers would arrive at the business in the morning with their vehicles and pick up their supplies, leave for the jobs, and return home with their same business vehicles. No overnight parking of fleet vehicles would occur on the site. There is no need for any outside storage. Mr. Kovacs said it is compatible with the nature of the area and the surrounding land uses. Mr. Hellenbrand said they would save as many trees as they could on the site. Mr. Kovacs said there are no environmental constraints to deal with on the site. There was no one to speak for or in opposition to this rezone. Richard E. and Joan L. Osborne (Joan L. Osborne, App.), Town or LaGrange, Rezone acres of A-1 to C-2 (TAPE I, 2778 TAPE II, 218) This is approximately acres of land located in Section 33, Town of LaGrange. It is also described as Lot 2 of CSM #2879. The Town has approved the request. The application states the proposed use of the site is to create two buildable parcels. The application also states the land has poor soils and does not meet the definition of prime farmland. Staff indicated that the majority of the parcel contains prime farm soils. Annette Osborne Bjerning represented her parents. Mrs. Bjerning said the purpose of the rezone is for health reasons for her father. She said her parents are looking to build a smaller home farther away from the road. She said three different farmers have farmed it in the last three years and they do not consider it good farmland. She said the soils are poor and produce poor quality crops. There was no one to speak in favor of the rezone. Speaking in opposition was Diane Schuchardt who lives across the street from the Osbornes. Mrs. Schuchardt said she wants to preserve the quality of the farmland and the rural atmosphere. She said she disagrees with Mrs. Bjerning s perception of the land. She said at least 90 percent of the land is prime farmland. She said the bottom part of the parcel is very fertile and is not very sloped and it is unclear what the Osbornes want to do with their property. Also speaking in opposition was Nels Christiansen, who also lives across the street. He said his concerns are very similar to the Schuchardt s and does not want to see further development of the site. Susan Christiansen said the surrounding properties are A-1. Betty Baerwald said she has lived there for 10 years. She said it is a busy highway and the rezone should not be allowed. She said the thistles are over her shoulder and it is prime farmland. It should stay rural. Annette Bjerning was allowed a rebuttal

4 County Zoning Agency Minutes, June 17, in which she stated that although there are several A-1 properties surrounding the site, they are not substandard. She said it has been farmed in the years her parents have owned it. She also stated that those who have rented their land had asked her parents to spend a considerable amount of money on nutrients to make the land ideal. Jozef Gorga, Town of Bloomfield, Rezone.83 acres of A-2 to R-2 (TAPE II, ) This is approximately.82 acres of land located in Section 16, Town of Bloomfield in the Pell Lake Highlands Golf Course Subdivision. The Town has approved the request. The purpose of the rezone is to construct two single-family dwellings. Barbara Goodnough represented the owner and stated the surrounding property is residential. She stated that across the street from the property is some A-2 land that is very low and currently has water on it. Star Center School is also located across the street. She said the property is currently vacant. The surrounding area has homes. There was no one to speak in favor of the request. Speaking in opposition was Roger Garite who said that water runs through his property and the outlet for that water is through the back portion of the subject property. He said he has standing water every time it rains. Rebuttal was done by Robert Tilton who stated that Mr. Garite does pump water from his basement and that with any development that occurs, they have to consider the water. S. Terry Woods, Town of Linn, Rezone 7.68 acres of A-1 & A-2 to A-5 (TAPE II, ) This is approximately 7.68 acres of land located in Section 31, Town of Linn. It is also known as Lot 1 of CSM #3357, and part of Tax Key #I L The Town has approved the request. The owner has agreed to attach a deed restriction to the parcel stating that it cannot be further divided. The existing farm separation parcel has the current shape because the divider at the time of the farm separation wished to have the pond as part of the farm separation. Terry Woods appeared before the committee and stated that he wished to make the property lines straight and provide easier access to the western portion of the property. He said the Township requested the rezone to A-5 with a deed restriction. He said the farm separation was done about five or six years ago. There was no one to speak for or against t his request. Mark Borst, Town of Lyons, Conditional Use for an auto sales and repair business on lands zoned B-4 (TAPE II, ) This is approximately.4 acres of land located in Section 7, Town of Lyons. It is also described as Lots 11 and 14 of Block 3 in the Village of Springfield. The Town has tabled this item for more information. The proposed use of the site is for an auto repair and sales business. The hours of operation will be Monday through Friday 9:00 a.m. 6:00 p.m. and Saturday 9:00 a.m. 4:00 p.m. Outdoor lighting will be used from dusk to midnight Monday through Saturday. Two employees will be on site. There are two existing buildings on site. The owner is proposing to construct a 12 x 60 addition on the north side of the main building and locate a sign along State Highway 36. The project plan must indicate what the existing accessory building at the back of the lot will be used for. The accessory building does not have an access for fire safety due to being parked in by the stalls available for cars that are for sale. This may be a concern of the fire department. Mark Borst appeared before the committee and stated he plans to move his current operation to this facility to have more room. He would like to show 36 cars. He plans on selling the other property. He is changing from wholesale to retail and needs more room. There was no one to speak for or against this item. Patrick G. Lewis, Town of East Troy, Conditional Use for a gun dealership as a home occupation on lands zoned R-1 (TAPE II, ) This is approximately.23 acres of land located in Section 4, Town of East Troy. It is also described as Lot 23 of Fairway Subdivision. The Town has approved the request. Patrick Lewis appeared before the committee and stated that he is applying for a permit to run a gun business out of his home. He had a permit previously, but let

5 County Zoning Agency Minutes, June 17, it lapse due to illness. Greg Holden asked how many guns does he anticipate selling and Mr. Lewis stated two to five per week. The sales will be by appointment only. He said no ammunition is kept in the house. Speaking in favor was Mike Bowman. Mr. Bowman formerly owned property next to Mr. Lewis and he said he was a good neighbor. Mark Rustebakke, Town of East Troy, Conditional Use for construction of a horse barn and residence on a farm separation remnant on lands zoned A-1 (TAPE II, ) This is approximately 36 acres of land located in Section 31, Town of East Troy. There is no Town decision yet. Mark Rustebakke appeared before the committee and stated he would appear before the Town Board. He presented six statements from neighbors approving of the request. He stated he will plant the north portion of the property into pasture. He also said he does not plan to construct a house immediately, but would just like to provide a place for the horses. Greg Holden asked how many horses Mr. Rustebakke was planning on having. He said he has three mares at the present, but may at some point have ten. He will commute to the property and will drill a well. There was no one to speak for or against this request. Vera Brooks, Town of Richmond, Conditional Use for a second residence on a farm parcel for the daughter on lands zoned A-1 (TAPE II, 1417) This is approximately 3.13 acres of land located in Section 2, Town of Richmond. The Town has approved the request. The proposal is to construct a second residence on the farm for the daughter who will care for the mother who required daily assistance and care. Vera Brooks appeared before the committee and stated the land has not been farmed for at least 15 years. She said it is stoney and hilly. She said her daughter helps with her daily care. She said there is no objection from the neighbors. She said the farm is not currently active, that it is in CRP. Speaking in favor was Tom Marshall, a neighbor of Mrs. Brooks. He said there are a lot of rocks on this farm. There was no one to speak against. Chairperson Reports none Staff Reports none Adjournment On motion and second by Supervisors Goebel and Hilbelink, Chairman Kuhnke adjourned the meeting at 8:25 p.m. Submitted by Marie Halvorson/Recorder. Minutes are not final until approved by the committee at its next meeting.