Bonduel Plan Commission tables conditional-use decision for 107 E Green Bay Street

The Village of Bonduel Plan Commission on Nov. 3 voted unanimously to table action on a conditional use permit application for 107 E. Green Bay Street until the applicant provides engineered plans and State-approved drawings.

Commissioners said they had received an email from Brian Noe, a Department of Safety and Professional Services building inspector, outlining the State of Wisconsin's plan requirements and that the applicant, Jason Hutter, has not yet submitted those drawings. Attorney Josiah Stein, representing Mr. Hutter, told the Commission the request was "straightforward and permitted by the ordinance guidelines" and argued the fact-finding form used by the Village could expose the Village to legal challenge.

Members raised utility concerns. Mark Welch noted a 2017 agreement in which Mr. Hutter agreed to connect to Village utilities once a building was no longer vacant, and commissioners discussed whether the Village ordinance requires connection when public sewer or water is available. Attorney Stein said the building predates the connection ordinance and argued it should be ‘‘grandfathered’’ and not required to connect because, he said, the business "does not require water or sewer." Clerk Michelle Marosszek told the Commission they still needed: Mr. Hutter's engineered drawings and plans, the Village ordinance listing conditional use requirements, and advice from the Village Attorney before making a decision.

The Commission also discussed that the property appears to be operating without a conditional use permit. Bob Shest asked what enforcement steps were underway; Clerk Marosszek said enforcement was being addressed but that the Plan Commission did not have authority to enforce permit violations. James (Jim) Hutter, the applicant's father and a village resident, said a walkway historically connected the house and the business and that "water has been shared," adding the building is used only to cool pizza crusts and that "water is not required for Jason Hutter's cooling system."

Motion by Commissioner Robbie Woldt III, seconded by Commissioner Mark Welch, to table the item until engineered plans and drawings are provided carried unanimously. The Commission said it could impose reasonable, measurable permit conditions if it approves the use. The next meeting is to be scheduled once Mr. Hutter supplies the requested materials.