Board upholds county ruling that seasonal lemonade stand and patio entertainment are unauthorized

The Waupaca County Board of Adjustment on July 14, 2022 unanimously upheld the Planning and Zoning Director's decision that a seasonal lemonade stand and a patio entertainment area at E5763 County Road B were not legally established commercial uses under the parcel's Rural Industrial-General (RI-G) zoning.

Candace Bauer, Land Use/Code Enforcement Specialist, told the board the lemonade stand and entertainment patio were added in 2016 without county approvals and that those commercial uses are not permitted in the RI-G district. "They would never have been permitted without a rezone of the parcel as those commercial uses are not permitted uses within that Zoning District," Bauer said.

Attorney Anders Helquist argued on behalf of the property owners that the lemonade stand is a temporary event that runs only certain months and therefore did not require a county land-use permit. He also noted there had been no complaints since the activity began. Zoning Director Ryan Brown countered that because approvals were not obtained in 2016, the uses were never legally established and the property owners should have contacted the Zoning Office to place structures properly.

Board members agreed the lemonade stand is an incompatible use under RI-G and that the County's current ordinances must be applied; Chair A. Richardson and P. Leder noted rezoning could resolve the conflict and Vice-Chair D. Johnson said the lemonade stand could be moved. P. Leder moved to uphold the Director's Administrative Decision; Vice-Chair D. Johnson seconded. Roll-call votes were recorded as Chair A. Richardson ' yes; Vice-Chair D. Johnson ' yes; Secretary J. Fulcher ' yes; P. Leder ' yes; G. Marx ' yes.

The board closed the public hearing at 7:27 p.m. and adjourned the meeting at 7:28 p.m. Board members suggested rezoning or relocation of the temporary operation as possible paths for the property owners to pursue.