Colfax seeks legal opinion for subdividing 1009 University
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by LeAnn R.Ralph
COLFAX — To subdivide — or not to subdivide?
That was the question facing the Colfax Village Board at the April 10 meeting concerning 1009 University Avenue.
Several village board members asked for clarification about the property involved in the request to subdivide.
The property with the address of 1009 University Avenue is right next to the old nursing home and has two four-plex units that were completed several years ago, said Lynn Niggemann, village administrator-clerk-treasurer.
When the units were being planned, Niggemann said she and Rand Bates, director of public works, had made the developer aware there was not enough room to subdivide the two units into two separate properties according to the requirements included in the village’s ordinances.
The subdivision ordinance requires each lot to have street frontage, and to meet the ordinance requirements, there would have to be 200 linear feet along the street to divide the property in two so that each has 100 feet. The property only has 110 feet total along the street, Niggemann said.
For those who have driven past the four-plexes on University Avenue, you will recall that one unit is along the street, and the second unit has been built to the north, directly behind it.
The developer sold the property to a couple, and the couple is now in process of getting a divorce, and they want to divide the property into two properties, Niggemann said.
One property would be 11,824 square feet, and the other property would be 14,306 square feet, she said.
The square footage would meet the village’s subdivision ordinance, but the street linear feet would not be sufficient according to the ordinance’s requirements, Niggemann said.
The property also would need an easement to share the driveway, she said.
Sewer and water
In addition to concerns about a maintenance agreement to provide guidelines for the shared driveway, other concerns include the water and sewer.
There is one line going in from the main that splits to serve the two buildings, and one line would be going through the other owner’s property, so who would be responsible for maintenance of the water line and the sewer line if there were two owners? Niggemann asked.
Instead of just one variance, there would need to be many variances requested and approved to make a minor subdivision possible so there are two properties instead of one, she said.
Whose problem?
Niggemann said she did not like the idea of trying to split the property into two properties and noted that the issue would have to go before the village’s zoning board of adjustment for the variances.
“I don’t love the idea … their problem is not our problem,” Niggemann said.
If the variance is formally requested, the village board will have to say “yes” or “no,” she said, noting that the final paperwork has not yet been received for a subdivision.
The variance request procedure also requires notifying the nearby property owners, Niggemann said.
“It’s a mess,” Bates commented.
The village could say that the variance request “is not looking good” because of the village’s ordinances, Niggemann said.
Village trustee Margaret Burcham suggested having the village’s attorney review the variance request and the villages ordinances for a formal opinion.
Village Trustee Gary Stene agreed that the village should have an attorney’s opinion.
The Colfax Village Board unanimously approved sending the variance request to the village’s attorney for an opinion on how it would fit with the village’s ordinances.
In addition to Burcham and Stene voting in favor of the motion, Village President Jody Albricht voted in favor, along with Village Trustees Cary Davis, Anne Jenson, Jeff Prince and Jen Rud.
Trustee vacancy
Jeff Prince was on the ballot in the April 4 election for both village president and village trustee.
Prince will serve as the village president, which will leave one trustee position open, Niggemann said.
The village board has the option of publishing an ad in the newspaper seeking people who would want to fill the trustee position and to submit a letter of interest, she said.
Someone had stopped in at the village clerk’s office a while back about serving on the village board, and Niggemann said she would contact that person and let him know how to apply for the position if he was still interested.
The Colfax Village Board unanimously approved a motion to publish an advertisement in the newspaper seeking letters of interest for the open village trustee position.
Fund balances
Niggemann reviewed the amount of money set aside for the various designated funds and the decreases to certain other funds.
The village board approved the adjustments so that the numbers can be reported to the auditors for their audit of the village’s finances for 2022.
The 2022 budget included an additional $3,000 for the clerk-treasurer’s equipment fund, which had a budget adjustment of $925.22, for a total adjustment to the fund balance of a $2,074.78 decrease.
As of December 31, 2021, the clerk treasure’s equipment fund had a balance of $4,801.
The 2022 budget included an additional $8,000 for the police squad vehicle replacement fund.
As of December 31, 2021, the police squad vehicle replacement fund had a balance of $10,305.21.
The 2022 budget included an additional $10,000 for the street equipment fund.
As of December 31, 2021, the street equipment fund had a balance of $153,399.36.
The 2022 budget included an additional $1,000 for the park mower fund, with a $3,100 decrease to the fund balance.
As of December 31, 2021, the park mower fund had a balance of $12,159.40.
The 2022 budget included an additional $800 for the cemetery fund.
As of December 31, 2021, the cemetery fund had a balance of $5,863.47.
The 2022 budget included an additional $42,709 for the street improvements fund, with a decrease of $218,674.61.
As of December 31, 2021, the street improvement fund had a balance of $175,965.61.
Other business
In other business, the Colfax Village Board:
• Learned that Colfax Police Chief William Anderson had withdrawn his training request for the Law Enforcement Management Conference in Hayward from April 17 to April 20. Police Chief Anderson did not know when the funerals would be held for the two police officers shot and killed in the line of duty in Barron County on April 8 and did not want to commit to the conference, Niggemann said.
• Approved having Prince take the Board of Review Training. One board member must be trained for Board of Review every year, and the training is good for two years. Many of the village board members have already taken the Board of Review training, and Prince volunteered to take the training this time around.
Following a closed session on wages and salaries of village employees, the Colfax Village Board did not take any action in open session.