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Plan Commission tables conditional-use permit for solar array after neighbor complaints and attorney review requested

Village of Bonduel Plan Commission · October 21, 2024
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Summary

The Village of Bonduel Plan Commission tabled a conditional-use permit for a solar array installed at 300 N Madison Street after neighbors said they were not notified and called the panels "an eye sore"; staff sent materials to the Village Attorney and noted a possible $344.50 fine for permitting violations.

The Village of Bonduel Plan Commission on Oct. 21 tabled action on a conditional-use permit for a solar-panel array at 300 N Madison Street (Parcel #107-75150-0000) after a public hearing in which neighbors objected to the installation and staff said the permitting process was not followed.

President Russ Gehm opened the public hearing at 6:00 p.m. Director of Municipal Operations Jesse Rankin told the commission the Village ordinance follows State of Wisconsin statutes and was written after the Wenstadt family installed an earlier system on Elm Street in 2017. Rankin said the required application materials — a site plan, building plans and a complete building permit for the full project — were not submitted before installation; instead, Eland Electric received an electrical permit and inspection for the wiring. Rankin also said he had sent the file to the Village Attorney and that the only outstanding paperwork was documentation from WE Energies regarding tariffs.

During public comment, property owner Joel Dobratz said he was not notified before the installation and that "the solar panels are an eye sore to the neighborhood." The Village reported two other complaints from nearby property owners. Applicant Randy Wenstadt told the commission the backyard is shaded much of the day by neighboring trees and the side yard provided the best sunlight for the array.

At the Plan Commission meeting, commissioners discussed options including potential fines for the post-installation permitting. The commission noted the applicant had paid double for land-use and conditional-use fees because those applications were filed after installation, and staff cited the Village Bond Schedule, which lists a possible fine of $344.50 for noncompliance with the ordinance. Citing unresolved items and to allow time for adjacent property owners to petition for a public hearing, the commission voted to table the item. "Motion by Woldt, second by Welch, to table the agenda item until more information and advice is received from the Village Attorney and the time has expired for any of the adjacent landowners to petition for a public hearing regarding the solar panel installation." The motion carried unanimously.

Next steps for the application include the Village Attorney's review and the expiration of the 30-day petition period for adjacent owners; the commission will revisit the conditional-use permit after those items are resolved.