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Waupaca County Board of Adjustment grants conditional-use permit for nonmetallic mining near Iola
Summary
The Waupaca County Board of Adjustment voted 5-0 on Oct. 25, 2024, to grant a Conditional Use Permit to Iola Old Car Show Inc. for nonmetallic mining on about 58.75 acres in the Town of Scandinavia, adding a required engine-brake muffler condition and directing counsel to draft the decision for the chair's signature.
The Waupaca County Board of Adjustment on Oct. 25, 2024, voted to grant a Conditional Use Permit (CUP) to Iola Old Car Show Inc. for nonmetallic mining on approximately 58.75 acres in the Town of Scandinavia, with additional operational conditions including a requirement that trucks use engine-brake mufflers.
The board convened at 9:01 a.m. after an on-site inspection of the property on Oct. 16. Atty. Crystal Fieber read the draft Findings of Fact and the Applicable Criteria for the CUP and asked the board to rule individually on a series of required conclusions of law and factual determinations. The record shows votes on multiple checklist items used to evaluate CUP eligibility, compatibility, environmental impacts and consistency with county and town plans.
According to the meeting minutes, the board recorded the application as complete and ultimately found that the proposal met the requirements of the county's Non-Metallic Mining Ordinance and applicable state reclamation statutes. The minutes record that several farmland-preservation criteria were addressed and later recorded as unanimous determinations that the operation "are" or "is" appropriate and will not substantially impair surrounding agricultural uses. The transcript includes split votes on a few compatibility questions during deliberations; the minutes use differing name formats when tallying some votes (see note below on transcript inconsistencies).
Board members discussed operational conditions. Counsel read conditions adopted earlier by the Planning and Zoning Committee (Jan. 23, 2024). Chair A. Richardson suggested adding a condition related to engine braking; B. Abba proposed requiring engine-brake mufflers on trucks. The chair also suggested a California-style backup beeper for trucks, and B. Abba proposed considering a less-intrusive backup beeper as an alternative. Ultimately, P. Leder moved to grant the CUP with the Planning and Zoning Committee conditions plus the additional engine-brake muffler requirement; B. Abba seconded the motion. The board recorded a voice vote of 5 ayes and 0 nays.
After the vote, the board authorized Atty. Crystal Fieber to draft the written decision and authorized Chair A. Richardson to sign it on behalf of the board. The meeting adjourned at 12:33 p.m.
Transcript note on names and tallies: the meeting record contains inconsistent name formats in its vote tallies (for example, the roll call lists a Secretary as J. Fulcher but some vote lines reference ‘‘Secretary J. Penney’’ and several tallies use single names such as "Art," "Jack," "Pill," "Penny" and "Michele"). The article uses the roll-call list of members present for vote attribution where the record gives only a voice tally. The transcript inconsistencies are summarized in the audit section accompanying this article.
What happens next: The attorney was authorized to prepare the written decision, which the chair is expected to sign; the signed decision will be the formal record of the CUP and any enforceable conditions.
