The first item under Discussion/Action on the April 2 Richfield Plan Commission (RPC) meeting agenda was a possible recommendation to the Village Board regarding the potential audit of a previously granted Conditional Use Permit for the property located at 609 Scenic Road, Tax Key: V10_1161.
This property contains the pit on Scenic Road that has caused residents in the surrounding area to fill the village hall at the March 19th Village Board meeting.
This property contains the pit on Scenic Road that has caused residents in the surrounding area to fill the village hall at the March 19th Village Board meeting.
At the March 5th RPC meeting a letter from the current property owners Richard and Yvonne Holz was read. The RPC packet for the April 2 meeting contain a portion of the letter.
"My father, Lester Holz, leased the property to Wissota Sand and Gravel from 1963 to 1973 via a conditional use permit with, what at the time, was the Town of Richfield. The lease was terminated in 1977, however, to our discovery, the restoration plan set forth in the conditional use permit appears to have not been enforced nor completed. Over the past thirty-eight years we have maintained the site and homestead. Maintaining this property has been challenging since it was not properly restored."
It seems the reading of this letter, hearing other comments in person, and the desire by Danah Zoulek to do a landfill of the pit may have sparked the audit of this property. It also seems the current property owners may not have demanded anything be restored all these years.
The RPS packet continues to note:
While as a Village Staff we certainly cannot control the events that transpired in the early 1970s, we do have the ability now to review the terms and conditions of the original conditional use permit to conduct an "audit" of the property to determine what level of non-compliance, if any, exists on the property as they both have alleged. The Village Plan Commission's authority to authorize such an action comes under Section 70.241, Conditional Use Administration subjection (D)(2):
"When the Plan Commission believes either by observation or by citizen complaint, that a permitted conditional use has been or is being violated, the Plan Commission may convene a Public Hearing as set forth in Section 70.45 giving at least 30 days' notice to the holder of the conditional use permit and advising the permit holder, as well as property owners within 300' of the conditionally permitted use, of the purpose of the hearing which may be to recommend to the Village Board that the conditional use permit then in effect be altered, rescinded or reaffirmed. The Village Board, after receiving the recommendation of the Village Plan Commission, may take action to alter, rescind or reaffirm the conditional use permit then in effect. The Village Clerk shall take the steps necessary to alter or rescind any covenants or other pertinent documents concerning the conditional use which may be on file in the office of the County Register of Deeds."
After much discussion and comments from Danah Zoulek's attorney the RPC voted unanimously to conduct an audit of the conditional use permit at the next RPC meeting on May 7th.
"My father, Lester Holz, leased the property to Wissota Sand and Gravel from 1963 to 1973 via a conditional use permit with, what at the time, was the Town of Richfield. The lease was terminated in 1977, however, to our discovery, the restoration plan set forth in the conditional use permit appears to have not been enforced nor completed. Over the past thirty-eight years we have maintained the site and homestead. Maintaining this property has been challenging since it was not properly restored."
It seems the reading of this letter, hearing other comments in person, and the desire by Danah Zoulek to do a landfill of the pit may have sparked the audit of this property. It also seems the current property owners may not have demanded anything be restored all these years.
The RPS packet continues to note:
While as a Village Staff we certainly cannot control the events that transpired in the early 1970s, we do have the ability now to review the terms and conditions of the original conditional use permit to conduct an "audit" of the property to determine what level of non-compliance, if any, exists on the property as they both have alleged. The Village Plan Commission's authority to authorize such an action comes under Section 70.241, Conditional Use Administration subjection (D)(2):
"When the Plan Commission believes either by observation or by citizen complaint, that a permitted conditional use has been or is being violated, the Plan Commission may convene a Public Hearing as set forth in Section 70.45 giving at least 30 days' notice to the holder of the conditional use permit and advising the permit holder, as well as property owners within 300' of the conditionally permitted use, of the purpose of the hearing which may be to recommend to the Village Board that the conditional use permit then in effect be altered, rescinded or reaffirmed. The Village Board, after receiving the recommendation of the Village Plan Commission, may take action to alter, rescind or reaffirm the conditional use permit then in effect. The Village Clerk shall take the steps necessary to alter or rescind any covenants or other pertinent documents concerning the conditional use which may be on file in the office of the County Register of Deeds."
After much discussion and comments from Danah Zoulek's attorney the RPC voted unanimously to conduct an audit of the conditional use permit at the next RPC meeting on May 7th.
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