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Board tables variance petition after petitioners fail to appear; staff cites unpermitted structure and township zoning changes
Summary
The Board of Adjustment tabled Docket BOA 03-19-26-01 (petitioners Jake and Edna Shetler) for 60 days because the petitioners were not present. Staff reported the structure was built without a permit, lies within 1,000 feet of a neighboring feedlot, and is sited on Class I–III soils; St. Charles Township returned an acknowledgement form with "no comments" and is pursuing its own zoning authority.
The Winona County Board of Adjustment voted March 19 to table Docket BOA 03-19-26-01 and extend the decision deadline by 60 days after the petitioners, Jake and Edna Shetler, did not appear at the hearing. The petition requests variances to allow a single-family dwelling within a required 1,000-foot setback from a neighboring feedlot and to site the dwelling on Class I–III (prime) soils instead of Class IV–VIII soils, citing Winona County Zoning Ordinance Sections 8.5.1(1)(c) and 10.4.7(6). The motion to table was made by Ed Walsh, seconded by Amy Cordry, and recorded as a unanimous vote: "Yes - All."
Planner Olivia Stroinski presented site location maps, site plans and photos and told the Board the structure had not been permitted prior to construction. She reported that the township acknowledgement form from St. Charles Township had returned "no comments." Assistant County Attorney Steve Kranz told the Board the County’s enforcement policy is to "bring violations into compliance" rather than prefer punitive measures; he said more punitive measures are not always supported. Board members discussed septic and driveway considerations, alternative placements, and the implications of St. Charles Township pursuing its own zoning and permitting authority.
Because the petitioners were not present, the Board voted to table the matter to allow the petitioners to appear and for staff to gather additional information. The minutes record staff will send a letter requesting the petitioners' presence at the next Board of Adjustment meeting and that staff attempt contact ahead of the later Planning Commission meeting scheduled the same day.
