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Board of Appeals
Tuesday, June 9 2009
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that on Tuesday, June 9th, 2009, at 7:30 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the application of Susan Fiebig and Lindsey Bovinet for a Conditional Use Permit to operate a Bed & Breakfast on their property located in the SW 1/4 of the SW 1/4 of Section 21 and the SE 1/4 of the SE 1/4 of Section 20 in the Town of Taycheedah, Fond du Lac County, Wisconsin. The property address is W4099 Kiekhaefer Parkway.


The hearing is open to the public and interested parties are encouraged to attend. A quorum of the Town Board members may be in attendance.

Dated this 28th day of May, 2009.

Brenda A. Schneider
Secretary, Board of Appeals


MINUTES

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Tuesday, June 9th, 2009, at 8:40 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by Susan Fiebig and Lindsey Bovinet, to operate a bed & breakfast on their property located at W4099 Kiekhaefer Parkway. Members present were Chairman James Rosenthal, John Buechel, Barb Bertram, Tom Friess, and Gale Burg. The hearing was tape-recorded and Secretary Brenda Schneider took notes. The Chairman called the public hearing to order. The Secretary read aloud the public hearing notice.
Susan Fiebig was sworn in. Her testimony and responses to Board of Appeals questions were as follows:
• Ms. Fiebig requests a permit to convert their guest house into a one-unit bed & breakfast.
• The guest house has a master bedroom, full dining room and kitchen and 1.5 bathrooms.
• She intends to serve breakfast only.
• The guest house is located on a 3.5 acre landscaped parcel that includes trails and sculptures.
• They do not plan to make any changes to the property.
• The proposal conforms to all regulations in the district.
• There are no existing water pollution issues.
• The unit would serve a maximum of two visitors. They may add a pull-out couch for use by a child or two.
• She is leaning the advertising toward a romantic getaway for couples.
• She is working with major businesses for use by conference attendees and business travelers.
• They had initiated the process of changing the zoning to allow for an art gallery along with a bed & breakfast. They chose to withdraw the rezone request.
• There is a possibility of converting Lindsey’s studio in the lower level into additional units.
• She would expect no more than 1-2 additional vehicles into the property when the unit is rented.
• She plans to offer the unit for rent year-round.
• The building is served by an onsite septic system that also serves the main home.
• The structure is located on a separate lot.
• She plans to erect an 8 square foot sign beyond the right-of-way in the stone wall along their driveway. The parameters in the ordinance for a sign permitted for a home occupation were discussed. A condition can be included in the permit for signage.

Member Barb Bertram read aloud the definition of a bed & breakfast contained in Section 13-1-71(b). The definition reads as follows: “Bed and Breakfast Establishment” means any place of lodging that provides four (4) or fewer rooms for rent for more than ten (10) nights in a twelve (12) month period, is the owner’s personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast. At issue is whether or not the guest house qualifies as the owner’s personal residence or whether or not it can be considered occupied by the owner.

Barb Sotelo, W 4106 Kiekhaefer Parkway, has researched the Administrative Code regarding bed & breakfasts. She noted that the Code also states that the bed & breakfast shall be the owner’s residence. She asked whether it made a difference that the building is on a separate lot. Chairman Rosenthal interpreted the building to be technically occupied by Lindsey when he is in his studio during some portion of the day. He added that the Code states the building must be the owner’s residence; it does not state that the building must be the owner’s primary residence.

Frank Alaniz, W4115 Kiekhaefer Parkway, commented that based upon Chairman Rosenthal’s interpretation, the lower level could not be converted into additional units without causing the owners to eliminate their occupancy of the structure. Mr. Alaniz also questioned the advertising of the property. Chairman Rosenthal responded that the proposal to the Board is for a bed & breakfast. He added that Fiebig’s advertising plan is beyond the Board’s authority and that Fiebig/Bovinet must accept the art studio in the lower level and the bed & breakfast in the upper level, if approved. Fiebig commented that her

June 9th, 2009 Board of Appeals 2.
Fiebig/Bovinet dba: Moondance Bed & Breakfast Conditional Use Permit

graphic artist had posted some advertising for an art studio, gallery and bed & breakfast on the internet. She will instruct him to adjust the ad by removing the reference to a gallery.

Board of Appeals discussion:
 Whether or not the proposal meets the definition of a bed & breakfast. Chairman Rosenthal restated his interpretation. The Board discussed varying opinions of the definition.
 The Board discussed postponing to a date specific to allow time for a legal opinion or including a stipulation in an action to approve.

Tom Friess motioned, seconded by John Buechel, to approve the Conditional Use Permit to operate a bed & breakfast with one rental unit under the condition that Attorney John St. Peter concurs that the proposal meets the requirements of Section 13-1-71(b).

Roll call vote:
Barb Bertram yes
Gale Burg yes
John Buechel yes
Tom Friess yes
Jim Rosenthal yes Motion carried.

It was noted that if Attorney St. Peter opines that the proposal fails to meet Section 13-1-71(b), the permit will be denied.

Barb Bertram motioned to adjourn the public hearing at 9:34 p.m., seconded by Gale Burg. Motion carried.


Attest______________________________________
Brenda A. Schneider, Town Clerk











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