By Kellen Olshefski
Editor
The City of Elkhorn Common Council voted in favor of an ordinance to rezone a piece of property off of Highway 67 for use by a landscaping company.
The council voted 5-1 in favor of the ordinance, with Alderman Michael Kluck casting the dissenting vote.
The property at 1522 S. Highway 67, at the intersection of Highway 67 and Grant Street, is planned to be the future site of Terra Yard Creations. Owners Jennifer and Ryan Hanson look to use the site for outdoor sales and storage.
Mayor Brian Olson said at the council’s June 15 meeting the company would be re-purposing the buildings and property for showroom-style sales and servicing contractors and the community with mulch, gravel and more, he said. He said the rezone is needed to allow for outdoor storage bins for these types of products.
Olson said at that time, based on the information received from the Plan Commission, what the company is selling is a bit more high-end and it’s location would draw business not only from the community, but additionally regionally.
Eric Russow, who lives on nearby Meadow Lane, presented the council with a petition from residents in the nearby subdivision containing 139 signatures, of about 240 residents living in the residential area, requesting an “aesthetically pleasing,” fencing around the entire property – such as a 10-foot tall white fence – be added to the conditional use permit to prevent children from being able to access the property.
Russow said residents fear the potential for 40 storage bins on the property would attract children and the 12 shrubs required by the conditional use permit to separate the property from residential properties would not be enough to deter children from entering the property, putting themselves in harm’s way.
Shawn Vorpagel, who lives on Sunny Hill Drive, also near the property, said the request for the fence wasn’t only for trespassing concerns, children playing on piles of mulch, but because of the potential for truck traffic, loaders and general daily traffic that could put children at risk.
Vorpagel also questioned the effect the business would have on property values due to truck traffic and potential dust and odors.
Olson said Monday night a fence as described by Russow was not a possibility, as privacy fencing of that description is not permissible within the City of Elkhorn.
Ryan Hanson took time to address traffic concerns Monday night and said the majority of their traffic would typically be driving smaller vehicles, such as a pickup truck or a mini-van with a trailer, noting an average of 16.3 customers daily over the past three years during their typical season, about March through October.
He additionally noted it would only be one loader, not multiple and while dump trucks do deliver product to them, one delivery of gravel or mulch, as an example, can last upwards of two years with the amount of product being sold.
Alderman Hoss Rehberg noted a facility just down the street from City Hall, asking Police Chief Joel Christensen if they’ve had any issues in the two years the business has been open, being as it is actually in the middle of a residential area, to which Christensen said no.
“Every concern they have brought is what we heard two years ago when that place was going to open up,” he said. “I guess I just look at it on the business owner side, to put up an aesthetically pleasing fence probably will not accommodate keeping the kids out and if you can only go five feet, that’s not going to accommodate what they want anyways because these bins are 8- and 10-feet tall.”
Alderman Michael Kluck said his concern with a fence of this type would also make it so no one would be able to see if kids from the nearby area had snuck in.
“If someone gets over it at night, no one’s going to know they’re there,” Kluck said after questioning whether the business would have video surveillance.
“So, the fence is kind of working opposite of how it’s supposed to be. It’s preventing people from seeing that there’s kids in there.”
Christensen echoed Kluck’s remarks.
“From a law enforcement standpoint, I don’t want a fence that I can’t see through,” he said. “If it’s a business, I want to be able to see what’s going on inside the property. I don’t want a fence that’s going to obstruct our officers’ view into it.”
In looking at the petition, Olson said with not being able to put the style of fence the petition called for, the types they could put up wouldn’t reduce noise or any potential dust residents were concerned with. Additionally, he noted a security fence wouldn’t help with property values.
Rehberg said with the business aiming to bring in high net worth clients, he would hope the property would look somewhat attractive.
“If this place isn’t going to look attractive, how are they going to bring in these people from Williams Bay that are coming to buy their products,” he said.
“That’s the way I look at it too. I don’t think this is going to make the property values go down.”
Ryan Hanson further noted the business is geared more towards homeowners, rather than contractors.
The council passed a motion to approved the ordinance with the conditional use permit, without the inclusion of a fence.
The conditional use permit for the property includes the following criteria:
- the driver area serving the proposed bins shall be paved within one year of conditional use permit approval;
- the existing house shall be razed and the area restored within two years of conditional use permit approval;
- a minimum of 12 shrubs shall be added to the landscape buffer along the east property line in 2015;
- a revised site plan shall be submitted showing three additional parking stalls;
- the hours of operation shall be between 7 a.m. and 6 p.m., Monday through Friday, 8 a.m. and 5 p.m., Saturday, and 10 a.m. and 3 p.m., Sunday;
- the applicant is responsible for planning, design and implementation of the grading plan for the site;
- the project shall be developed in accordance with the approved site plan and plan of operations, with any deviations requiring approval from the zoning administrator and/or Plan Commission.
