WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING

MINUTES –MAY 1, 2014

Chm. Loughrin called the meeting to order at 9:05 a.m.  Roll call was taken with the following Roll call was taken with the following members present:  J. Fulcher, J. Beyer, D. Johnson, R. Hoffmann, J. Loughrin and P. Craig, all present.

P. Craig moved and J. Beyer seconded the motion to approve the agenda as presented.  The motion was carried.

P. Craig moved and J. Beyer seconded the motion to approve the minutes from the January 30, 2014 meeting.  The motion was carried.

PUBLIC MEETING:

The purpose of this meeting is for the Board of Adjustment to review briefs and define the scope of the public hearing concerning an Appeal to a Planning & Zoning Committee decision that was made on June 6, 2013 for the following: 

Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel:  Located in the SE ¼ of Sec. 13, Town of Union, lying along Dennison Road, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Non-Metallic Mineral Extraction in an AE (Agriculture Enterprise) District on approximately 160 acres. 

Attorney Ronald Stadler is the representative for the Waupaca County Board of Adjustment and gave a brief summary on the procedure of the Appeal to the Board of Adjustment regarding the Gerald A. & Susan M. Tellock and Roger E. & Geraldine Henschel Conditional Use Permit.

J. Beyer moved and J. Fulcher seconded the motion to go into closed session by roll call vote pursuant to Wis. Stats. §19.85 (1) (a) and (g) to deliberate concerning a case which is the subject of a judicial or quasi-judicial trial or hearing before that governmental body and to confer with legal counsel for who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.  The scope of this meeting will be to address the parties’ arguments on the standard of review.

The Board went into Closed Session at 9:16 a.m.

P. Craig moved and R. Hoffmann seconded the motion to reconvene into Open Session at 9:50 a.m.

Attorney Ronald Stadler recommends the Board conduct a de novo review of the record and listen to issues presented in the hearing and only take new evidence and arguments of counsel.

P. Craig moved and J. Fulcher seconded the motion to APPROVE the recommendation to conduct a de novo review of the record and listen to issues presented in the hearing and only take new evidence and arguments of counsel.  Roll call vote was taken:  J. Loughrin—yes; J. Fulcher —yes; R. Hoffmann—yes; J. Beyer —yes; P. Craig —yes and D. Johnson —yes; unanimous vote to APPROVE the recommendation.  The motion was carried.

WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING MINUTES – MAY 1, 2014

P. Craig moved and J. Beyer seconded the motion to adjourn the meeting at 9:57 a.m.  The motion was carried. 

The Board adjourned.

Respectfully submitted,

Jack Fulcher, Secretary

Waupaca County Board of Adjustment

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cc: County Clerk