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December 19, 2005 Lisowski Variance Minutes



TOWN OF LAMARTINE

Board of Appeals

Variance/Special Use Permit Hearing
Petitioner: Ed Lisowski

December 19, 2005

6:30 PM
Lamartine Municipal Building Meeting Room



The Clerk made introductions.



The following members on the Town of Lamartine Board of Appeals were present at this meeting—Chairman Greg Michels, J. Peter Braun, Roger Searl, Mike Pittler and Harold (Bud) Guenther.

Also present at this meeting were petitioner Ed Lisowski, possible property buyer and Duane Schneider, property owner, along with several members of the township.



With notices having been properly posted and published Chairman Greg Michels called the meeting to order.



The Clerk read the letter of intent. The letter stated Mr. Lisowski was requesting Special Use Permit (SUP) to operate an auto mechanics business on residentially zoned property in the township. If he were granted a SUP he would move forward and purchase 1.44 acres of land located on the NW corner of West Clark Road and CTH Y. (SW ¼ of the NW ¼ of Section 35, T. 15N. –R. 16E., Town of Lamartine, Fond du Lac County. Duane Schneider owns the property. Mr. Lisowski would like to construct a 60 X 90 shop with a residence for himself upstairs, and a fenced in area in the back of the shop to store cars, parts, etc. out of view. The letter further stated that he (Lisowski) currently operates an automotive business in the Town of Lamartine in a residential area and has not received any complaints from neighbors or the town.



Greg Michel’s asked the petitioner if there were any additional comments to add to the letter of intent. Ed stated that he had heard comments regarding noise and junk being a concern. He explained that the building would be constructed with split faced block similar to the new town hall/fire department with attractive downward lighting on the outside of the building. All cars, parts etc. would be kept inside or in the fenced in area.



There were no opinions offered from Fond du Lac County Planner Sam Tobias or the Town Building Permit Issuer Pete Michels.



Chairman Michel’s asked if there were any comments from the audience. Patrick Yanke of N5171 CTH Y spoke against allowing an automotive shop in a residential area. He noted concern that people in this neighborhood were unaware of this meeting taking place. Chairman Michel’s explained that all state statues were abided by with this meeting being published in the newspaper and posted on the town’s three posting boards in the time framed dictated by law.

Bonnie Scherer of N5224 CTH Y also noted concern at having such a business in a residential area. Jerry Milton of N5219 CTH Y stated that he really did not have a complaint against the automotive shop but was concerned with the whole process of the town being able to issue a Special Use Permit for whatever may be requested and inquired as to what guidelines the town follows when considering these types of request.

Larry Conger, W7902 Forest Ave Road, Marc Sobotta, W7870 East Clark Road and Paul Dercks, N5143 CTH Y both spoke in favor of the automotive shop. John Rixen, W7966 stated that he had no problem with the automotive shop in a residential area as long as it did not look like a junkyard and things were kept behind doors or in fenced in areas.



A lengthy discussion took place regarding this variance request.



Chairman Michel’s explained that the Board of Appeals needed to consider stipulations what the owner/operator must agree to. If the owner/operator did not agree the SUP would not be issued and the automotive shop could not be operated on this piece of property.



The Board of Appeals created the following conditions that would have to be agreed to for Mr. Lisowski to operate an automotive shop in a residential area.



Ø Operating Hours: 7:00 Am to 8:00 Pm Monday thru Friday and 8:00 Am to 1:00 Pm Saturday. The shop doors would have to be closed if any work was done after hours.

Ø Noise: No Excessive noise

Ø Junk: No unsightly, junkie appearance

Ø Tires: All tires to be stored out of sight

Ø Aesthetics: Berm and Shrubs to be built and placed along CTH Y

Ø Special Use Permit to be reviewed every three years by the Town Board

Ø The business would also be subjected to Semi annual inspections



Roger Searl made a motion that the Board of Appeals vote on the granting of a Special Use Permit as spelled out in the minutes. Bud Guenther seconded the motion. Chairman Michels explained that a YES vote would allow the business and a NO vote would not allow the business.



Let the record show that 5 paper ballots were cast with the following results: YES—1 vote and NO—4 votes.

Greg Michels—NO, Mike Pittler—YES, Harold (Bud) Guenther—NO

Roger Searl—NO and John Potratz—NO.

The Board of Appeals voted 4 to 1 to not issue a Special Use Permit therefore an automotive shop operating in a residential area would not be allowed and the request would be denied.



Roger Searl seconded by Pete Braun made a motion to destroy the ballots. Motion carried.



With no further business to discuss, Bud Guenther made a motion to adjourn the meeting. Roger Searl seconded the motion. Motion carried.



Respectfully Submitted,



Jill Randall, Municipal Clerk

TOWN OF LAMARTINE





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