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Waupaca County Board sides with LND Enterprises in greenhouse permit appeal
Summary
On July 14, 2022 the Waupaca County Board of Adjustment voted 5-0 to grant LND Enterprises LLC' appeal of a Planning and Zoning Director enforcement decision over a greenhouse that staff says was permitted in error in 2012; the board indicated rezoning could be a remedy for remaining issues.
The Waupaca County Board of Adjustment voted 5-0 on July 14, 2022 to grant an appeal by LND Enterprises LLC challenging the Planning and Zoning Director's enforcement decision about a greenhouse on the company's property at E5763 County Road B in the Town of Little Wolf.
Candace Bauer, Land Use/Code Enforcement Specialist, told the board the parcel was rezoned to Rural Industrial-General (RI-G) in 2010 and that a permit for the greenhouse issued in 2012 was an administrative error because greenhouse and garden-center uses are not permitted in RI-G. Bauer said the county can correct the error under applicable case law but suggested a rezoning to RC-N or RC-G, plus a Comprehensive Plan amendment and land use permit, as a possible remedy.
Attorney Anders Helquist of Weld Riley, representing property owners Joseph and Amy Starr, argued the greenhouse was lawfully permitted in 2012, has vested rights after years of investment, and that revoking the permit now would be an injustice. "There have been no issues or complaints since," Helquist said. Joseph Starr told the board the greenhouse could not reasonably be moved because it is staked and contains electric conduit.
Board members agreed there was no deception by the property owners. P. Leder said the error appeared to have been made by a county employee; G. Marx said the owners had acted in good faith to obtain proper permits. Vice-Chair D. Johnson moved to grant the appellant's appeal; G. Marx 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's action means the Board of Adjustment sided with LND Enterprises on the greenhouse permit issue; staff had previously said the greenhouse was not a permitted accessory to the parcel's primary industrial use. Board members noted that if additional uses on the parcel are to remain, a rezoning process or land-use permitting would be the appropriate follow-up.
The hearing record shows the board granted the appeal and took a break at 6:23 p.m.; no further vote was taken on the greenhouse matter after the motion passed.
