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Board of Appeals
Thursday, May 17 2012
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that on Thursday, May 17th, 2012, at 7:00 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the application of Don & Denise Palkovich for a Conditional Use Permit to conduct a automotive repair shop and used car dealership on a 1-acre parcel located at W4559 Lakepark Drive (Sandy Beach Road Business Park), in Section 31 in the Town of Taycheedah, Fond du Lac County, Wisconsin.

The hearing is open to the public. Interested parties are encouraged to attend. Town Board members may be in attendance.

Brenda A. Schneider, Town Clerk



MINUTES

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Thursday, May 17th, 2012, at 7:00 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by Don & Denise Palkovich, to operate an automotive dealership and repair shop. Members present were Chairman Gale Burg, John Buechel, Tom Friess, Jason Meyer and Jerome Bord. The hearing was recorded and Secretary Brenda Schneider took notes.

The Chairman Burg called the public hearing to order at 7:02 pm.

The Secretary read the hearing notice.

Don & Denise Palkovich were sworn in. Their testimony and responses to questions were as follows:
Wisconsin Dept. of Transportation forced the Palkovichs to relocate their business due to the planned reconstruction of the Hwy. 23 and CTH UU intersection.
Don's Dealership License cannot be transferred to a different parcel without municipal approval.
Don needs to reapply for his license.
He operates at low volume, no more than four or five vehicles for sale at a time.
He is semi-retired. He buys and sells vehicles as a hobby. He is currently restoring an MG Midget for himself.
Without the dealership license, he cannot attend the wholesale auctions.
The Palkovichs did not realize that his business would require special handling in a business zoned district.
His Dealership License would not allow him to run a salvage yard, nor the selling of parts.
He won't have anything stored outdoors.
He will be the only mechanic working out of the building.
He operated at the Hwy 23 site for more than 30 years.
Denise operates a design and sign business. She has half of the building and Don has the other half.
Don noted that the State prohibits the sale of vehicles with the intent to profit unless licensed as a dealership.
He buys vehicles at the wholesale auction, repairs as needed, and then sells them.
He is not planning to do any mass advertising, such as the Action Advertiser. Don noted that the DOT requires a small sign at the location. His current sign notes hours as by appointment only.
Don added that occasionally, vehicles come into D'Signs for lettering. In most cases, the vehicles are released by the end of the day. On rare occasions, a vehicle may be left outdoors overnight.
The asphalt work and landscaping will be done in the next couple of weeks. It has been delayed due to wet weather.

Joe Schumacher, owner of W4531 Lakepark Drive, was sworn in. His testimony was as follows:
He is opposed to the permit for an auto repair business.
This type of business creates a junkyard appearance. Don responded that Mr. Schumacher's caution is unwarranted. He does not plan to create unsightly conditions. Don requested that Mr. Schumacher address any issues with him in the future.
Mr. Schumacher referred to attorney letters sent to the Palkovichs regarding the need to store things out of site. Don responded that they have been in the process of relocating; which started late last fall. He added that the asphalt and landscaping work would be completed in the next couple of weeks.

Troy Rademann, N5561 Windview Court, was sworn in. His testimony was as follows:
He works for Bomier Properties and is in attendance as an agent for R.A.M. Investments, Inc.
He was the agent that sold the lot to the Palkovichs late in the fall of 2011.
May 17th, 2012 Board of Appeals 2.
Don & Denise Palkovich: Conditional Use Permit


R.A.M. asked him to present their letter in opposition to the Conditional Use Permit. R.A.M. is concerned about the repair and retail sale of vehicles on the lot. They are also concerned that granting the Permit would set precedence. He stated that the request would not be in the spirit of the bylaws and restrictive covenants for the business park.
Mr. Rademann read the letter for the record. (Exhibit A)
When questioned by a Board member, Mr. Rademann stated that he was not aware of the Palkovichs intent to operate vehicle repair and retail sales business. He added that the Palkovichs were provided with a copy of the restrictive covenants before the sale was finalized.
Board member John Buechel questioned if there was a possibility that the Palkovichs were mislead. Mr. Rademann took offense with the question and refused to respond. Denise Palkovich added that all parties were well aware of the activities conducted at their well-established Hwy. 23 business. Secretary Brenda Schneider reminded the Board of Appeals that they are not responsible for the enforcement of restrictive covenants and that their charge is to administer the Town's Zoning Code. She added that the Palkovich's request is allowed on the property under a Conditional Use Permit.


Tom Friess moved to approve the Conditional Use Permit, for a term of five years, under the following conditions:
Conformance with Section 13-1-66 of the Zoning Code,
Lights shall be mounted on the building and shall shine downward,
Hours of operation shall be 8:00 am to 5:00 pm Monday thru Friday,
Demolished vehicles may not be stored on the site,
Additional parking area shall be upon the Board of Appeals review and approval,
Waste materials may not be stored outdoors,
The number of vehicles for sale at any given time may not exceed five, and
Vehicles to be repaired must be stored indoors with the exception of clients delivering or retrieving vehicles after hours.

The motion was seconded by John Buechel. Roll call vote:
Jason Meyer aye
John Buechel aye
Tom Friess aye
Jerome Bord aye
Gale Burg aye Motion carried unanimously.

John Buechel moved to adjourn the public hearing at 7:52 pm, seconded by Tom Friess. Motion carried (5-0).



Attest____________________________________
Brenda A. Schneider
Town Clerk






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