Public Hearing for Conditional Use Permit

Public Hearing for Conditional Use Permit

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PUBLIC HEARING

CARL NOSSER

CAMPGROUND

July 10, 2007

Chairman Willingham called the public hearing to order at 3:57 P.M. Members present were Willingham, Schneider, Mai, Costello and Taylor. The purpose of the hearing was a conditional use request to allow a campground on the following described real estate:

Lot 4 and lot 5 of River View Hills in the SW ¼ -NE ¼, Section 31, T33N, R6W.

Town of Willard

Property owner: Carl Nosser

N9416 CTH H

Sheldon, WI 54766

Steward read the notice of public hearing, which was posted per the requirements of a Class (2) notice. The property owner, DNR and town clerk were notified by Certified Mail and the neighboring property owners within 500’ were notified by First Class Mail.

Willingham apologized for the late start of the meeting. He also stated this is the second hearing on this matter and asked people to please keep their comments brief. Willingham then asked for anyone present to speak for the request. Jonathan Fields who is from Ladysmith spoke in favor. He has heard concerns about the property being a junk hole. Carl won’t let it be run down. Carl would make sure adults and children would have safe access to the water. He feels the campground would be a great thing.

Willingham asked for anyone against. Jodi Doucette is a land use attorney representing a neighboring property owner. When her client purchased the property, it was sold for single family residential use. She did not buy property to be next to a business. This use will have significant detrimental impact on the value and use of the lot for her client. Doucette brought up a concern about sufficient parking for the 31 proposed sites. The only way to accomplish enough parking would be to pave the property. The neighboring owner plan to build and doesn’t want to be next to a business. She also was concerned about adequate lake front property for the 31 sites. Before the issue came before the Zoning Committee, people have already been using neighboring properties. There has also been illegal parking on the road right-of-way and private property. If this proposal is approved, her client may consider filing a lawsuit.

Ron Moore was present to speak in favor. Moore stated he has been doing business with Carl since 1975. People talk about people in campgrounds like they are 2nd class citizens. He has met very nice people in campgrounds and he has been supporting tourism since 1992. Moore pushed for the room tax to promote tourism in RuskCounty. Not everyone can afford to own a waterfront lot.

Bob Wiltrout stated he was present at the first meeting, so he decided to drive by the lot. Wiltrout stated if he owned neighboring property, he would be very upset. He stated he is a camper and he wouldn’t want to use this site. It would take so many conditions to mitigate this use. We can’t legislate aesthetics, but we can tell when something isn’t right.

Carl Nosser spoke in favor. He plant to set up for seasonal and park model sites. They wouldn’t be sites for someone to stay for one night.

Lois Allanson spoke against. She said she attended this meeting to express concerns about public safety and welfare. The Zoning Committee needs to consider the constant crossing of CTH D to the lakefront. This alone should be enough to deny the request. The property was divided to be residential. The steep hill does not lend itself to the location of a campground. Highway authorities are concerned with the hard surfaces involved on the hillside. There are strict issues regarding boating and mooring. Could the well for this use affect the water table? Many residents have requested that the properties remain residential. Please keep the neighborhood safe and vote no.

Fern Kinney was presented representing Jim Wojcik who is a neighboring property owner in favor of the proposal.

Vern Denzer read a letter from Pat Wojciuch who is opposed to the campground. (letter in file)

Jason Gillis said the property is zoned shoreland and the committee has the power to look at the concerns and can put conditions on the permit to protect the area. He is in favor of the proposal with the committee using conditions.

John Styczinski, Jr. spoke in opposition. He cited the steep hillside and the fact that the property was divided for single family housing. There have been violations in the past that weren’t addressed. Not a good place for a campground.

Jimmy Boy Edming said it won’t be a campground; it will be an RV park. He feels it is an awesome opportunity and he welcomes any business as long as it is legal. Edming said this is the second meeting he has been to regarding this matter and if a businessman wants to start a business, we should welcome it.

Pauline Moulton said she owns property 4 lots to the east of this parcel. She presented a petition of land owners who oppose this RV park and want to keep the area residential.

Terry Nussberger is an attorney representing the Nossers. He said he has received the staff recommendations. He is concerned about the road condition. What does “hard surface”
mean? Nussberger said the crosswalk would be the highway department responsibility. Nussberger explained that over Memorial weekend, the Nossers allowed 3 family members to camp on the property. He felt the owners would need expert testimony if they wanted to say their land value would be affected. Nussberger said Carl Nosser contacted the township and received their signatures.

Charlie Senn is an attorney representing the Town of Willard. Senn stated the township is not in favor of this campground. The township states the plan before the committee was not presented to or approved by the town board. This area has been divided for single family residential use. People may not invest in a lot or build a home next to a 31 unit campground. Property owners are allowed to testify to the value of their property. The direct neighbors feel it is a bad proposal, the people here speaking in favor don’t live there or have property there. Please listen to the people directly affected.

Jodi Doucette spoke about the character of the area. When people purchased their land, it was residential. She was concerned that before they have an approval, the developer is backing away from the conditions and putting the cost of improvements on the public.

Terry Nussberger said Mr. Nosser just received a copy of the Town of Willard letter in which they withdrew their approval. Nussberger said the town had a copy of the plan well before the June 5 hearing. Regarding the staff recommendations, Mr. Nosser is not saying he won’t pay, but that he needs the Highway Committee or Town Board approval.

Charlie Senn stated there was no plan submitted to the Town of Willard when they were asked to sign the application. They saw the plan at the June 5 hearing.

Willingham stated the committee may change the application to require that township minutes are included to show what action the township has taken on a request.

Ron Moore said he is in a campground and doesn’t worry about people stealing and doesn’t lock his camper.

Mary Jane Nelson, who is the Town of Willard Clerk, stated that Mr. Nosser came to a town board meeting and wanted signatures for 3 campers so it could go to the zoning office. The town was not aware of the plan before the committee tonight when it signed the application.

Joan Olynick said people gripe about campgrounds. She stays in a campground in Texas and they get together and have cook outs.

There being no further testimony, Chairman Willingham closed the public hearing at 4:41 P.M. to reopen the zoning meeting.

ZONING MEETING

Taylor asked Steward for other staff recommendations on the last 4 campgrounds approved by the committee. He wanted to see what the standard conditions were and what conditions were special to the Nosser request. Willingham read a letter submitted by Ed Wundrow, Highway Commissioner.

Schneider felt the 2-mile distance was a mute point. He is concerned about the compatibility, erosion, and safety issues. The Town of Willard has revoked its approval. Willingham has Steward explain the process if the zoning committee and town board disagree on a matter. Steward explained the process of the mediation board. Steward commented that the Town of Willard had signed the application, but now had sent a letter asking the committee to deny the request. Steward stated he didn’t know whether the town was withdrawing their approval or not. Charles Senn who drafted the letter on behalf of the township confirmed that the intent of the letter was to inform the zoning committee that the signatures were obtained through misinformation and that they did not approve of the application before the zoning committee.

Costello stated he was concerned about aesthetics, safety and the neighborhood. As a town chairman, he received a call from a Grandmother who wanted a “slow down kids are here” sign. Costello said the river is very attractive to children, and as a child he would have crossed the road also. He doesn’t feel a tunnel would solve anything. It is a gamble he is not willing to take. He doesn’t have anything against the Nossers personally.

Willingham stated that a fence and walkway may address the safety concerns, but a tunnel would be too low and may hold water and an overpass would be prohibitly expensive. Taylor questioned the number of accidents at Ardees and Wards with people crossing the road.

Motion by Costello/Mai to deny the permit based on safety concerns, compatibility with surrounding land use and erosion potential. Motion carried 4-1.

Yvonne Johnson, Secretary

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NOSSER CAMPGROUND