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Board of Appeals
Thursday, December 17 2015
TIME: 6:00 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

TOWN OF TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

ZONING BOARD OF APPEALS

PLEASE TAKE NOTICE that on Thursday, December 17th, 2015, at 6:00 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the application of Michael & Julia Kreuziger for a Conditional Use Permit to operate a Bed & Breakfast on their property located in the Lot One (1) and Outlot One (1) of Certified Survey Map No. 3514 as recorded in the office of the Fond du Lac County Register of Deeds in Volume 19, pages 73-73A; located in a part of Lots 23, 24, 25 of J.W. Briggs Plat of Linden Beach and a part of Fractional Government Lot 4, Section 17, Town 16 North, Range 18 East, Town of Taycheedah, Fond du Lac County.

The property address is N8504 Linden Beach Road.

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 6th day of December, 2015.

Brenda A. Schneider
Secretary, Board of Appeals



MINUTES

TOWN OF TAYCHEEDAH
BOARD OF APPEALS
CONDITIONAL USE PERMIT
MICHAEL & JULIA KREUZIGER
DECEMBER 17, 2015
6:00 P.M.
TAYCHEEDAH TOWN HALL

Members present: Chairman Jerome Bord, Erv Karls, Jason Meyer, Tom Friess and John Buechel. Also present: Clerk Brenda Schneider and 17 interested persons.

The Chairman called the hearing to order at 6:02 pm. The Secretary read the notice, recorded the hearing and took notes.

Chairman Bord announced the rules to be used for the hearing. Motion by Erv Karls, second by John Buechel, to approve the rules. Motion carried (5-0).

The purpose of the public hearing was to consider issuing a Conditional Use Permit for a Bed & Breakfast requested by Michael & Julia Kreuziger for property located at N8504 Linden Beach Road.

Julia Kreuziger was sworn in. Her testimony and responses to Board of Appeals members' questions were as follows:

The Kreuzigers have had contacts from people interested in renting their property during EAA and the PGA.
They were not aware that a permit was needed to rent their house out for a couple of times a year.
They have no intention of making it a full-time, year-round rental business.
Rental of the property is beneficial for area businesses.
They will not put up any signs.
There would be no major changes to the property.
The property complies with the guidelines for a Conditional Use Permit.
They have secured the necessary State and County Permits.
They are aware some of the neighbors are against the idea. They promise to address and remedy any issues that should arise. If not remedied, the renters will be asked to leave.
The caliber of people willing to pay the premium that they will charge are not usually trouble makers.
As for traffic on the road, if the house was filled with a family big enough to fill the house, there would be just of much traffic, if not more. She believes they and rental guests would use the road less than most people that live on the road because they go to Florida various times throughout the year.
The rental portion of the home is four bedrooms.
They will limit the rentals to no more than 8 guests.
The rentals would be one week per month.
It is doubtful that they would rent it over the winter.
They prefer to rent to families.
The owners plan be present whenever rented.

Testimony is support of the Conditional Use Permit:

Jodi Steffes, N8450 Minawa Beach Road, was sworn in. Her testimony was as follows:
She lives one beach to the south.
Several families have spent weekends at the house, such as during EAA. They spent money at local restaurants and gas stations, etc.
Renters have been pilots, doctors, and dentists.
They have come from other states and countries to enjoy our area and Lake Winnebago.


Board of Appeals
December 17, 2016
Page 2

Kim Laws, 845 Country Club Lane, was sworn in. Her testimony was as follows:
She has been present at times during rental visits.
The visitors have been appreciative. They saw it as a privilege to stay in a quiet, respectful area.
The renters were affluent.
The Kreuzigers have been selective in their process of approving renters.

Testimony is opposition of the Conditional Use Permit.

Don Weiland, N8512 Linden Beach Road, was sworn in. His testimony was as follows:
He lives in the first house to the north.
He is strongly opposed to the Bed & Breakfast.
B&B activity on a lake is substantially different than off of a lake. They tend to spend more time at the property. B&B visitors normally use the property as a hub; they go into town, out to EAA, etc. But on a lake, most of the activity takes place at the site.
Some days he has seen 8 or 9 men stay at the Kreuziger's overnight.
He's seen families as large as maybe 12.
Children are attracted to the Lake.
The lots are 66' wide. The activity at the Kreuziger's is 70-90 feet away from his property.
The kids are outside by 9:00 making a lot racket that goes on most of the day.
The Kreuzigers have kayaks, paddles boats and volleyball available.
The people that are there are on vacation. They like to party. They gather around the fire ring and drink.
He and his wife normally go to be around 9:30. In the summer, when you live on the Lake, you open the windows to the bedroom in the summer. You enjoy listening to the waves hitting the shore and feeling the breeze off of the lake coming thru the windows.
Most the time it is hard to get to sleep due to the talking. Many times the talking extends to late into the night; sometimes past midnight. Once there was noise until 2:30 am. Neighbors 3 to 5 doors north of him can hear the people talking. He is the first house north; he hears everything they say.
If he wants to watch TV at night. He can see them; they can see him. He has to close the blinds. It's very uncomfortable with 8-10 people on the beach able to see him in his livingroom.
This is more than a B&B. It's more like a resort. If there are kids there, the noise goes on from 9 am until the wee hours of the morning.
It's a violation of his privacy and his comfort. He will not tolerate it.
His opinion is if they can get $700 per night; they will accept more than one rental per month.
Most of the residents of the beach are between 65-87 years old.
When he came to the area, it was a very nice, quiet, private and secluded beach.
He's had to request children leave his pier for fear of getting hurt.
They've lost their privacy; their comfort zone. It will only get worse.
They conducted a survey of the extreme south end of Linden to access Road up to and including the Deuster house. It included 12-13 homes. Everyone is opposed and will not tolerate it. Some have been there more than 30 years.
He presented three letters in opposition from neighbors unable to attend.

Jeff Scarf, N8490 Linden Beach Road, was sworn in. His testimony was as follows:
He read aloud a letter, on behalf of him and his wife, in opposition.
When there is a gathering on the patio, there is undoubtedly much more noise than normal.
They moved away from Schmitty's to get away from noise. It was a living hell.
A B&B could impact property values. It may be more difficult to sell a house next door.



Board of Appeals
December 17, 2016
Page 3

They enjoy the Kreuzinger's company and are happy to have them as neighbors, but they are opposed to the business operation.
When they built their home on Garden Drive, Schmitty's was a marina. Then it became a tavern. He fears the same thing will happen here.
He disagrees with bringing business into a residential neighborhood.

Bill Nettelhorst, N8516 Linden Beach Road, was sworn in. His testimony was as follows:
He lives two doors north.
He's opposed to the B&B and asked for denial of the permit.
Kreuzigers rented the house out in 2014.
They tolerated it until after the third time it was rented.
Neighbors got together May 23, 2014. He submitted a copy of a letter, dated May 23, 2014, from six neighboring homes to the Kreuzigers. Bill read portions of the letter aloud.
Their website appeared to be a business of renting. They asked that all of the reservations noted on the website be cancelled.
He checked into Town regulations but they still wanted to handle the matter themselves.
There was one prepaid rental at the time. The neighbors agreed to allow the rental per the Kreuzigers request.
It has been extremely uncomfortable. It's noisy. And they don't like it.
He can see the fire pit from his bedroom. He has to close his windows and his blinds.
He presented a picture of the private road. The easement says it's 20-feet wide but it is really 11-12 feet wide. They all pay for it. There's a lot of traffic. There's little kids. There's a tennis court and trampoline on the opposite side of the road. The kids bolt across the road.
Every single house, with the exception of one owner that they couldn't get ahold of, are opposed.
He submitted a letter in opposition from George and Mary Ann Winter.

Rose Mary Ries, N8520 Linden Beach Road, was sworn in. Her testimony was as follows:
She's married to Chuck.
They have lived on the beach for 40 years.
They are three houses from the Kreuzigers.
Everything she wanted to say has been said.
The road is 11-12 foot car path. It's a gravel road that goes thru each lot. They pay for all of the repairs.
Children are running around.
She is concerned about the impact of the B&B on property values.
She is concerned about liability in relation to the pier.
They are also very uncomfortable about the B&B.

Dian Winter, N8530 Linden Beach Road, was sworn in. Her testimony was as follows:
She also agrees with all of the testimony presented in opposition.
She is also concerned about safety issues. The children do not look for cars.
Visitors arriving by boat may not know about the sandbars and may not use it in a safe manner.
Asked if the Permit would stay with the property if sold. Chairman Bord responded it would not be transferable.

Bob Ramstack, N8592 Linden Beach Road, was sworn in. His testimony was as follows:
He is the Secretary/Treasurer for the Linden Beach Road Association.
It is a private road. Every property owners pays dues for the maintenance of the road.
He is concerned about increased road damage due to increased traffic.
A lot of people are on fixed incomes. They complain about the current dues.

Board of Appeals
December 17, 2016
Page 4

Pamela Bullington, N8516 Linden Beach Road, was sworn in. Her testimony was as follows:
She stands with her neighbors in opposition to the B&B.
The community is a tight-knit group. They resolve issues themselves.
Past renters were loud.
They doubt future rentals will be different than the previous ones.



Julia Kreuziger's comments in rebuttal were as follows:

A lot of what you're hearing is not accurate. They've only had a few rentals prior to learning they needed a permit.
She could remember only one group going down by the fire pit. If the neighbors are having problems with people by the fire pit, it is them. She knows their issues aren't with them because they are not noisy.
They indicated that the whole summer was booked. It was not. She blocked the weekends they wanted to keep for their own use.
It will not be rented often. They intend to rent for EAA and other special events. They expect little activity.
They will only rent when they are home. They also live in Florida.
Because of living in Florida, they use the road far less than the people that live their year-round.

Kevin Steffes, N8450 Linden Beach Road, was sworn in. His testimony and responses to Board of Appeals members' questions were as follows:

He is the President of the Minawa Beach Association.
He appreciated the neighbors' comments but felt they were filled with uncertainty and untruth in regards to their concerns.
There seems to be more activity down Minawa Beach Road due to heavy equipment used during the construction of two buildings on Linden. They had to stop the trucks from using their road. They pay for their road as well.
As far as the boats, no one can control how a boater uses his boat.
The Conditional Use Permit should state that renters should not use piers owned by others.
As for the campfire, there was a gentleman in attendance, who spoke in opposition, was louder than anyone else sitting around that campfire. The owners and their friends, including himself, gather around the fire pit. They are the ones making the noise. Very little noise has come from renters. He takes full responsibility for the noise.
He has been to the house when some EAA people were there. They've met some wonderful people. He did not see them make noise, very little if any. Any noise during that time was them.
The owners and their friends can view into Don's windows whenever they are at the campfire.
This is not a Motel 6. The people that are spending this money are making a lot of money. These are not low-budget partiers.
Some young kid could rent the house next door. There are homes on the beach that are fully furnished and are available for rent that you would have no idea who could rent them. That person could be a whole lot worse than what the Kreuzigers are proposing.
The Kreuzigers are very professional and do a good job at what they do.

Don Weiland, N8512 Linden Beach Road, rebuttal comments to Steffes' testimony were as follows:
He lives next door; Steffes doesn't.
People made noise until 2:30 am one morning.
Board of Appeals
December 17, 2016
Page 5

It doesn't make any difference how much money people make.
He disagreed with most of Steffes' comments.

Kevin Steffes, N8450 Linden Beach Road, rebuttal comments to Weiland were as follows:
The home to the south of him is a vacation home. The owners come to the house to have fun. When it is used, they have campfires, they make lots of noise and their dogs run thru his yard. They party and they have fun. I can't tell them not to make noise on their property. It may not even be the owners visiting. It could be their family or their friends.

Chairman Bord declared the public hearing closed at 7:02 p.m.


Appeals Board deliberations:
The Board is not obligated to approve based upon the fact that the State has issued a permit. The permit means that the Kreuzigers have followed the guidelines as established by the State.
Members discussed a possible one-year term, if approved.
A B&B is acceptable in the Lakeside Residential District per the Zoning Code, with the Town authorized to establish limitations as they see necessary.
Members were concerned about the narrow road and the fact that it is a private road that is paid for by all of the owners.
Everyone puts up with noise. A property owner has no recourse.
The lack of authority to enforcement traffic rules on a private road.

Julia responded that a one-year term would be acceptable. She intends rentals on a minimum of a one-week period, such as during EAA for a 10-day period. They will not rent for weekends only. She noted that she has a set of rules. Some of the rules listed are the 15 mph speed limit. Noise is also address in the rules, as well as acceptable activities. The rules must be followed. A restriction of one week per month would be acceptable; however, there could be a problem if EAA and another special event falls in the same month. A copy of the rules was included in the Board member's packets for reference.

Per the request of an attendee, Chairman Bord read aloud letters in opposition submitted on behalf of George and Mary Ann Winter, Cal Deuster, Bill Mongin and Phyllis Gruenstein.

Chairman Bord declared a brief recess at 7:20 p.m. Session was reconvened at 7:25 p.m.

Chairman Board voiced being sympathetic to long-term residents.

Motion by John Buechel, second by Jerome Bord, to deny the requested Conditional Use Permit for a B&B. Roll call vote:
Erv Karls aye
Tom Friess aye
Jason Meyer nay
John Buechel aye
Jerome Bord aye. Motion carried (4-1).

Motion by John Buechel, second by Jason Meyer, to adjourn the public hearing at 7:27 p.m. Motion carried (5-0).


Attest______________________________________
Brenda A. Schneider, Town Clerk




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