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Board of Appeals
Thursday, October 29 2009
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that on Thursday, October 29th, 2009, at 6:30 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 addresses are W4099 Kiekhaefer Parkway and W4101 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 16th day of October, 2009.

Brenda A. Schneider
Secretary, Board of Appeals


MINUTES

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Thursday, October 29th, 2009, at 6:30 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 properties located at W4099 Kiekhaefer Parkway and W4101 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.

Lindsey Bovinet was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• Mr. Bovinet requests a permit to convert their guest house into a one-unit bed & breakfast.
• The structure was changed to a guest house for their children.
• The structure has one suite for a maximum capacity of two persons.
• The suite has one bedroom, a living room, a kitchen and 1.5 bathrooms.
• Both of their lots have been combined into one request.
• They live on both parcels.
• When confronted by website testimonials, Mr. Bovinet admitted that the suite has been rented about a half dozen times since the June 9th meeting.

Susan Fiebig was sworn in. His testimony and responses to Board of Appeals questions were as follows:
• Ms. Fiebig has communicated with the Wisconsin Bed & Breakfast Association.
• She has been approved by the State for a Tourist Rooming House and she has an approved County Health Dept. permit. Both the State and the County felt that she was covered.
• The septic tank has been inspected. It is acceptable to serve both structures.
• They never heard, at the June 9th meeting, that they could not rent out the suite after that meeting.
• The lower level has a workshop. They don’t intend to convert it into another rental unit.
• She provides food supplies in the freezer, fridge and cupboards of the suite.
• Ms. Fiebig apologized for allowing guests and stated that she didn’t realize it was improper.

Frank Alaniz, W4115 Kiekhaefer Parkway, was sworn in. His testimony was as follows:
• At the June 9th meeting, he voiced a concern that Fiebig/Bovinet were advertising the B&B. They are running the B&B and an art gallery business. Fiebig stated at the June 9th meeting that she would direct a change in the advertising.
• They were operating the B&B in May; which was before the June 9th meeting.
• He moved to the country to live in the country.
• He’s not sure Bovinet and Fiebig are being honest.
• Attorney John St. Peter opined that the previous proposal does not meeting Section 13-1-71.
• He is concern that without Fiebig and Bovinet in the structure, no one could contact emergency response if needed and there would be no one to intervene if necessary.

Mary Alaniz, W4115 Kiekhaefer Parkway, was sworn in. Her testimony was as follows:
• On the Moondance website there are testimonials written by people who have stayed at the B&B. One comment states that “Susan will treat you to a home-maid breakfast”.
• The Wisconsin Bed & Breakfast Association does inspections prior to the issuance of a permit.
• She verified with Brenda Schneider that the Town has not issued a permit for the B&B.
• The previous request was for one parcel only.
• The ordinance requires residency.
• This appears to be the same request.


October 29th, 2009 Board of Appeals 2.
Fiebig/Bovinet dba: Moondance Bed & Breakfast Conditional Use Permit

Mark Kirschling, W4123 Kiekhaefer Parkway, was sworn in. His testimony was as follows:
• He lives two houses away.
• He has been on the property. It is unique property. They take good care of it.
• He feels the B&B would provide cultural enrichment to the Town. It would be an asset to the community and would provide the Town with exposure.
• Many people in this part of the State rent their homes to EAA attendees.
• Sue has her State permits.
• He trusts that Bovinet/Fiebig will rent to responsible individuals.

Jamie Fiebig, N8186 Lakeview Road, was sworn in. His testimony was as follows:
• He resides behind the B&B property.
• One could argue whether a B&B is residential use or commercial use.
• Non-residential uses near residential property typically do not diminish value or bring in unwanted activity.

Barb Sotelo, W4106 Kiekhaefer Parkway, was sworn in. Her testimony was as follows:
• Ms. Sotelo questioned the specifics of a Tourist Rooming House, and whether or not occupancy was a requirement. Ms. Fiebig responded that the only difference between the two is the residency issue. She added that she is licensed for only one unit and that more units would require amended permits or licenses.

Earl Jewett, W4148 Kiekhaefer Parkway, was sworn in. His testimony was as follows:
• He and his family have lived on Kiekhaefer Parkway for 32 years. They were the first residents.
• They moved to the area because it is truly a very peaceful and unique setting.
• The prospect of a one bedroom B&B in the area does not change their feelings.
• A B&B would be a very unique and quiet contribution to the neighborhood.
• It would enhance the neighborhood.
• Culturally, it would be a welcomed contribution.
• He frequently has out-of-town visitors that could utilize the B&B.

Rolland Herzig, W4198 Kiekhaefer Parkway, was sworn in. His testimony was as follows:
• He has also lived on Kiekhaefer Parkway for 32 years.
• Over the years, he has experienced increased traffic on the road even with the road closed barricades.
• He is in favor of the B&B and feels it should be approved.
• He has seen the facilities; it is first class. A completely modern and pretty suite.
• As far as congestion goes, there are 2, 3 or 4 cars parked in each driveway; which doesn’t cause congestion.
• He has been bothered more by house parties in the past. The traffic from the parties has caused congestion, there were cars parked on both sides of the road. There was fireworks and noise. Yet he would never complain about this activity.

Lindsey Bovinet and Susan Fiebig’s rebuttal comments and responses to Board of Appeals members questions were as follows:
• Mr. Alaniz alleged a business operation. The art gallery was part of their original proposal that was denied by the Town Board and has been removed from this request. This request is strictly for the B&B.
• Ms. Fiebig made a home-cooked breakfast for a friend of hers who stayed at the B&B. The State allows her to buy muffins, etc., to serve; she just can’t bake them herself.
• Mr. Bovinet has clients from his business in Fond du Lac that have stayed in the guest house.
• Their children have also stayed in the guest house.
October 29th, 2009 Board of Appeals 3.
Fiebig/Bovinet dba: Moondance Bed & Breakfast Conditional Use Permit

• They have had calls from local friends and neighbors enquiring about their visiting family members staying at the B&B.
• It is a one-family guest house.
• Renters will be allowed to have visitors; however, not overnight.
• They will not allow partying.
• Activities are closely supervised.
• B&B users are older adults who prefer a low-keyed, quiet environment. They are looking for a home to stay in.
• The building has been inspected by the State and has been found to be completely up to Code.
• They supervise and observe what’s going on. They know when their guests come and go. They are very aware of who is there and when.
• They are in the process of installing a surveillance system on the driveway.

Frank Alaniz, enter for following comments into the record:
• Fiebig and Bovinet claimed they weren’t operating the B&B at the last meeting. Yet, the B&B was being operated.
• They won’t be in the home to monitor activities.
• Others can buy a home next to their home and convert it into a B&B.

Board of Appeals members discussions were as follows:
• There was concern that they advertised and rented the B&B without a Conditional Use Permit from the Town of Taycheedah.
• The attorney indicated in his memo dated 10/28/09, that if the B&B has been rented prior to the issuance of a Conditional Use Permit, several violations have occurred.
• If they approve the Conditional Use Permit, anyone else in the Town of Taycheedah could have a B&B.
• They must stipulate that any action by the Board of Appeals does not set precedence.
• The decision at the June 9th meeting was to approve the Conditional Use Permit contingent upon Attorney John St. Peter concurring that the proposal met Section 13-1-71. Legal counsel determined that the original proposal did not meet Section 13-1-71. Yet, they operated the B&B anyway. It was noted that due to communications issues between attorneys; it took several months to get an applicable opinion.
• The Attorney Rosenfeldt advised that there could be forfeiture(s) for violations of the ordinance.
• They had all other State and County permits.
• Two to three neighbors are opposed.
• The consensus was that there should be a penalty. It was agreed that the Town of Taycheedah Constable would have the authority to issue a citation for an ordinance violation.

Tom Friess motioned, seconded by Jim Rosenthal, to approve the Conditional Use Permit to operate a bed & breakfast with one rental unit, the Constable will be directed to consider issuing a citation for a violation of the ordinance pursuant to his authority.

Roll call vote:
Barb Bertram no
John Buechel no
Gale Burg yes
Tom Friess yes
Jim Rosenthal yes Motion carried (3-2).

It was noted that Clerk Brenda Schneider was directed to contact Constable Bill Gius regarding issuing a citation for an ordinance violation.

October 29th, 2009 Board of Appeals 4.
Fiebig/Bovinet dba: Moondance Bed & Breakfast Conditional Use Permit

John Buechel motioned to adjourn the public hearing at 7:40 p.m., seconded by Barb Bertram. Motion carried (5-0).


Attest______________________________________
Brenda A. Schneider, Town Clerk






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