DC PR&D postpones decision on zoning for United Way of Dunn County
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By LeAnn R. Ralph
MENOMONIE — The Dunn County Planning, Resources and Development Committee has postponed a decision until February 13 on whether to recommend a rezone from General Agriculture to General Commercial for a property in the Town of Menomonie.
United Way of Dunn County is currently leasing the property from WILARL, Inc., and has plans to purchase the four-acre property located on Midway Road west of Menomonie that was previously operated as a bar and restaurant, said Anne Wodarczyk, Dunn County zoning administrator, at the Dunn County Planning, Resources and Development Committee’s January 10 meeting.
United Way of Dunn County is planning to use the property for a meeting facility, banquet and event center, C-3 donation center, as a business office, and as a tavern that will serve both food and liquor to raise funds for the organization, she said.
The property is zoned as General Agriculture, and the request is to change the zoning to General Commercial, she said, noting that the purposes for which United Way plans to use the property are not permitted uses under General Agriculture zoning.
Land surrounding the property is zoned agricultural and has been used for crop production, and land across Highway 29 is zoned for general agriculture and industrial, Wodarczyk said.
The property has been operating under a commercial use for many years, and the proposed rezone is consistent with anticipated commercial development in the area, she said.
Wodarczyk did not provide any background information to the PR&D committee as to how the property previously had been operating as a commercial use under an agricultural zoning.
Town of Menomonie
The closing date for the sale is January 31. Representatives for United Way believed they would be able to present the request for a rezone to the Menomonie Town Board before the PR&D committee’s public hearing on January 10, but they have not yet been able to do that, Wodarczyk said.
Wodarczyk said she had received an e-mail message the previous Friday that United Way could possibly be backing out of the purchase, although the landowner was still interested in a rezone.
There is no state statute or county ordinance requiring an opinion from the Town of Menomonie, but Wodarczyk said she would strongly recommend obtaining an opinion from township officials so PR&D committee members can make an informed decision.
If the Menomonie Town Board disagrees with a rezone granted by the Dunn County Board, the town board can reverse that decision by ordinance, she noted.
Gary Bjork, county board supervisor from Colfax and a member of the PR&D committee, said he would be inclined to postpone an action on the request for a rezone until the committee received a recommendation from the Menomonie Town Board.
Mike Kneer, county board supervisor from Menomonie and a Town of Menomonie resident, agreed that the PR&D committee should hold off on making a decision.
Kneer said Frank Bammert, chair of the Menomonie Town Board, had not yet heard from the applicant about the plans for a rezone.
The applicant must talk to the Town of Menomonie, and a rezone is not needed to purchase the property, he said.
Is there a reason for immediacy on the rezone? asked Diane Morehouse, county board supervisor from Menomonie and a member of the PR&D committee.
There would not be much of a need for a rezone if the buyer is backing out, Bjork said.
Pending purchase
Rich Ellefson, Ellefson Appraisal, said he had been working with United Way for a year on the purchase of the property.
Earl Wildbenberg is the owner of the property, and United Way has said the organization may not be able to complete the purchase because of a shortage of cash, he said.
In addition to his association with WILARL Inc., Wildbenberg is the owner of American Structures out of a Menomonie, which manufactures stainless steel storage tanks.
United Way’s minimum intent is to operate the property as the C-3 Center, and Wildenberg has been renting the property out at a reduced rate to help the organization be able to purchase it, Ellefson said.
In 1993, the property was zone restricted commercial, he noted.
Town of Menomonie
Ellefson said he had contacted the Town of Menomonie in October, had a conversation with the town clerk, and then received an e-mail message from the town chair in November stating the Town of Menomonie is not involved in zoning and that Ellefson must work with Dunn County and the county’s zoning administrator.
The application for a rezone was completed, and a copy was sent to the clerk and the town chair. The zoning administrator said the township must make a recommendation for the zoning change, he said.
The zoning change was not on the Town of Menomonie’s agenda for December, and when Ellefson contacted Bammert, he was told it was too late for the December meeting but that the zoning change would be put on the following agenda, Ellefson said.
The zoning change was not on the Town of Menomonie’s agenda for January, and Ellefson said he received a telephone call from Kent Jackson, town board supervisor, telling him he had not followed the application process.
Ellefson said no one from the Town of Menomonie had previously said anything about a particular application process with the Town of Menomonie for requesting a rezone.
Ellefson said he was told by the town supervisor that he was required to notify property owners within 1,000 feet of the property for which the application had been submitted for a rezone and reiterated that no one from the Town of Menomonie had said a township application was required.
The property, originally zoned for commercial use in 1993, used to operate as Fuzzy’s Bar and Grill, he said.
In 2014, the zoning changed from restricted commercial to agricultural, Ellefson said.
Property owner
Wildenberg said he had been working with Ellefson, United Way and the bank, and had been disheartened to learn the zoning on the property had been changed from restricted commercial to agricultural in 2014-2015.
Wildenberg noted he had served on the Dunn County Board for 13 years, had served on the town board for 13 years, and had served on the land use committee with Kneer.
WILARL purchased the property in 2017 from the Masonic Lodge, had paid cash, and had updated the kitchen to state standards, he said, noting that for property tax purposes, the property was taxed as a commercial property.
Morehouse asked if Wildenberg would lose his investment if the property was not purchased by United Way of Dunn County.
Wildenberg said he would lose some of his investment since he had been charging a lower rent for the past seven months to help United Way accumulate the cash to purchase the property.
If United Way purchased the property in March, would Wildenberg lose his investment? Kneer asked.
If United Way purchased the property in March, Wildenberg said he would not lose his investment.
Public hearing
Although Tom Quinn, county board supervisor from Downing and chair of the PR&D committee, had closed the public hearing at that point, he re-opened the hearing to receive additional testimony from Ellefson for clarification.
United Way had received a commitment from Dairy State Bank on the loan to purchase the property, but the bank’s offer expires January 31, Ellefson said.
United Way would need to re-apply with the bank. The low interest rate was from last October, and interest rates are double now for this kind of property, he said.
United Way may not be able to purchase the property under a higher interest rate, Ellefson said, noting that he had talked to the loan officer at Dairy State Bank, and the loan officer said he had not been notified that United Way was not purchasing the property.
United Way is still looking at ways to fund, but if the decision goes beyond January 31, the bank funding is eliminated, Ellefson said.
The loan is based on general commercial, but the appraisal on the property cannot be completed unless the zoning is commercial, and the appraiser is waiting on the rezone, he said.
Ellefson pointed out that he had documented communication with the Town of Menomonie pertaining to the rezone going back to October.
Dunn County PR&D subsequently decided to take no action on the request for a rezone and to continue the public hearing at the February 13 meeting.
