Supervisors ask if existing lots are grandfathered

By Robert Cloud

A zoning committee member who voted for an ordinance amendment after the May 5 public hearing changed his vote when the amendment came before the Waupaca County Board Tuesday, May 17.

Terry Murphy, who represents Iola on the county board, said the zoning committee was “coerced into passing the ordinance” during the hearing.

The amendments regarding off-site commercial parking were unanimously approved at the May 5 committee meeting.

The other four county supervisors who are also zoning committee members voted in favor of the revised ordinance at Tuesday’s county board meeting.

The ordinance amendments passed by a vote of 16-10.

Supervisor Fred Zaug, New London, questioned Andrew Phillips, zoning’s outside counsel on this issue, regarding the amendments’ impact on other businesses.

Zaug noted that Clear Water Harbor in King and the Iola Old Car Show have provided offsite parking for many years. Their offsite parking lots would be in violation of the revised ordinance.

“I think we’re opening up a can of worms,” Zaug said.

Supervisor Pat Craig asked if businesses that already have offsite parking lots that do not meet the new requirements would be grandfathered.

Phillips said the facts for each particular situation would have to be reviewed.

“They would have to be using the parcel according to the law in the first place,” Phillips said. “We had offsite parking just happening. It was never permitted under the plain terms of the zoning code.”

Zaug made a motion to delete part of the amendment that requires offsite parking to be within 500 feet of the property it serves.
Zaug’s motion died due to the lack of a second.

“With the passage of this amendment, we’re going to discover that the fat lady hasn’t sang yet,” Supervisor Jack Penney, Lind, said.

In addition to Murphy and Zaug, Richard Rohan, Michael Whitman, Joe McClone, Jack Spierings, Bill Jonely, Carl Kietzmann, Bob Flease and Dona Gabert voted against the amendments.

Voting for the amendment were Craig, Penney, Dennis Kussmann, Dick Koeppen, Darrell Handrich, Lee Much, James Nygaard, Gene Sorensen, Joyce Boyer, Mary Kay Poehlman, Gerald Murphy, Bob Ellis, Dave Johnson, David Neumann, Wayne Wilfuer and Gary Barrington.