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Holland plan commission recommends zoning amendment critics say could curtail Board of Appeals reviews
Summary
On Aug. 4 the Town of Holland Plan Commission unanimously recommended adoption of Ordinance 2025‑Draft(E), a zoning-code amendment clarifying that administrative officials make zoning interpretations; residents warned the change would limit appeals to the Board of Appeals and effectively push disputes to circuit court.
The Town of Holland Plan Commission on Aug. 4 recommended that the Town Board adopt Ordinance 2025‑Draft(E), a proposed amendment to Chapter 330 of the town zoning code that the commission said clarifies which town administrative officials make official zoning interpretations.
The proposal drew sustained criticism from residents during a public hearing, who argued it would reduce local appeal options and force costly circuit court litigation. Resident David Valenti said the amendment "seems that this would gut the BOA of their power to judge an interpretation by this group and prevent citizens from challenging their legal decisions or interpretations," and urged the commission to defer Section 2 of the draft until a pending appeal to circuit court is resolved.
Chair David Huenink defended the draft as a clarification of administrative roles. He said the intent is to make clear that interpretations would be made by the Town Building Inspector and the Town Zoning Administrator and cited state law and the town code’s existing appeal provisions, noting the Board of Appeals retains statutory powers under Wis. Stats. 62.23(7)(e)7.b and the town code’s Section 330‑97.
Several residents and commenters pressed the commission on the practical effect of the change. Scott Siemon argued the crucial distinction is whether an action is administrative and therefore appealable, not merely who performs it. Amy Scott and David Valenti asked the commission to defer Section 2 until the court resolves an existing appeal related to N2047 Pine Beach Road South; Amy Scott said there was "no rush to change this right now if it is stripping the citizens of their ability to solve things more reasonably than taking it to court."
Town Zoning Administrator and Plan Commission Clerk Janelle Kaiser described the zoning‑administrator role and confirmed she works out of the Town Hall; Chair Huenink said the draft adds that position to relevant code sections because the role did not exist when some provisions were written.
Despite the objections and requests to defer, the commission voted unanimously to recommend the Town Board adopt Ordinance 2025‑Draft(E); the commission noted the draft is consistent with state statutes and that, if adopted by the Town Board, it would be renumbered as Ordinance 2025‑05. The recommendation now moves to the Town Board for final action.
