Shelter permit decision may come Monday

New Beginnings expected to be on council’s agenda

By Kellen Olshefski

Correspondent

After more than a month of waiting, the hotly debated New Beginnings domestic abuse shelter might make its way before the City of Elkhorn Common Council to determine whether or not it will receive a conditional use permit.

Following a vote of 3-3 by the Plan Commission on July 11, it was recommended by Mayor Howie Reynolds to pass the topic along to the Council for discussion without a recommendation from the commission.

While it had yet to be confirmed – likely because the agenda had not been approved as of press time, City Clerk Cairie Virrueta said earlier this week the plan is for the topic to be on Monday’s Council agenda.

The proposed location for the new shelter is at 20 N. Church St., in downtown Elkhorn across from the Walworth County Government Center and the Elkhorn Police Department. It would also be within walking distance to the library, coffee shops, consignment stores, schools and restaurants. The building was previously owned, operated and used by Aurora Health Care and would be donated to New Beginnings, contingent upon the permit being approved.

The proposed shelter would have five suites, according to plans revealed last month, and be able to house 12 to 20 women and children for approximately five days to two weeks, Association for the Prevention of Family Violence (APFV) Executive Director Heidi Lloyd told the plan commission last November.

 

Shelter supported; location challenged

While many in the community seem to be welcoming of a domestic violence shelter, the proposed physical location has received staunch opposition from some local residents.

Earlier this year, a petition to reject the conditional use permit had been circulated and presented to the plan commission with 62 signatures, 90 percent of which belonged to Elkhorn residents living within a close proximity of the proposed shelter, including nine property owners who live on Church Street.

This petition stated that while signers were in support of a domestic violence shelter in Elkhorn, they could not support the proposed location, as they were concerned that the use for emergency, short-term housing would pose a safety and hazard risk to the residents of the neighborhood. It stated the shelter – in that location – would “significantly impair the values of nearby residential properties and would generally be harmful and adverse to, and wholly inconsistent with, the existing, single family residential character of the neighborhood.”

Concerns raised by Elkhorn residents include the possibility of abusers and perpetrators coming into the neighborhood in search of victims housed at the shelter. But some advocates argued when the Walworth County Sheriff’s Office, jail and courthouse were located across from the proposed shelter site, known criminals were “coming and going” on nearly a daily basis and “walked the sidewalks” following their release from jail without issue.

Additionally, advocates for the shelter have argued that moving the shelter to a location outside of a residential area, as has been suggested by opponents, is not ideal, either. Placing shelter victims where they and their families wouldn’t have access to parks, libraries, shops and other amenities would only continue the isolation experienced by victims. Lloyd said isolation is the means by which many of the victims were controlled in the first place.

 

Zoning also questioned

When the topic finally comes before the Council, community opposition isn’t the only hurdle advocates will have to be prepared to confront.

According to Wisconsin Act 67, conditional use permit applications can only be rejected if there is substantial evidence of facts and information other than personal references or speculation.

“We are guided by state laws and ordinances. It does require us to make decisions based on substantial evidence. You should be looking for evidence,” Dan O’Callaghan, the special legal council appointed for the July 11 Plan Commission meeting, explained.

People at the meeting, however, had differing opinions as to whether or not the shelter would meet the zoning requirements.

“It is a legal issue. We have zoning rules of what fits in the city and what does not. The site plans are incorrect… Let’s change the zoning and ordinances (first),” said Elkhorn resident Michael Roberts said.

Zoning Administrator Bonnie Schaeffer said at that meeting the office and social service is a permitted use and that the overnight stay element of the shelter would be similar to a residential and multi-family use.

Plan commissioners voted in a 3-3 tie when the it came to approving the conditional use permit, though Reynolds then suggested passing the CUP application on to the council for a decision. That motion passed by a 4-2 vote.

Check mywalworthcounty.com later today for a guest opinion piece and three letters related to New Beginnings and the council’s impending decision.

Correspondent Cathy Kozlowicz contributed to this story.

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