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October 12, 2017 BOA

MINUTES OF BOARD OF APPEALS MEETING
Appeals Board
Town of Janesville, Wisconsin
October 12, 2017

Posted:  Monday September 25th, and October 2nd, 2017 at the town
office, Lion's Quick Mart, Consolidated School.  
Members Present: Archie Henkelmann, Dan Braukhoff, Thomas Thostenson,
Tom Fuller, Ginger Manwell, Brad Adee, and Secretary, Clerk Fewell.
Others present:  Town Attorney Jamie Olson, Court Reporter Jodi
Lubkeman, and 26 members of the public.
Meeting called to order, by Archie Henkelmann at 6:00 p.m., followed
by the Pledge of Allegiance, in the town hall, 1628 N. Little Court,
Janesville, Wisconsin 53548

Clerk Fewell read aloud the Application request for Porsche L. Kettle
hut to have 2 additional horses on her 2 parcels on A-3 land. She is
allowed to have 6 horses as the total for both parcels is 6.34 acres.
She would like to maintain with the 8 horses she presently has now.
Planning and Zoning Committee denied the request, and it was then
recommended to the Town Board, they too also denied Porscheís request
for the 2 extra horses. That is why we are here October 12, 2017 for
the Board of Appeals. All the Board member have been sworn in and
Clerk has the oaths on file. Clerk has posted this request in the 3
public places and in the Gazette as a class 2 notice, 1 on September
25th, 2017 and 1 on October 2nd, 2017. Archie has stated that the
Planning and Zoning and Town Board members may be present as provided
by the open meetings law. At this time Archie has asked the applicant
to present her request: Archie has asked that each person speaking to
come up front, get sworn in and speak loudly for the recording.
Porsche L. Kettelhut, 2320 N. Dani Dr. thanked everyone for being here
tonight. Also thanked her Attorney Chase Horn, he is here pro bono.
Porsche stated she was asking for a ďtemporaryĒ variance (first I
heard of this). She said she made a mistake in not understanding how
many horses she could have on the property. She said that she is a
501C horse rescue, right to life horse sanctuary. She rescues horses
that are in jeopardy in being killed. About 2 years ago she had other
rescue places contact her and ask if she could take two more, she said
sure I have room. She has 2 senior horses well into their 20s that
will not live much longer so she took the two. She said the math that
she did was incorrect for having this many horses. She said that she
is over by 1.66 equines per acre. A mistake that she made. She said
she was sorry and not once did she wish to be non-compliance with the
Town Ordinance. One of the horses that was brought in from the kill
pen had just had a baby they told her the colt was taken from the
mamma and sold so when she came to Porsche and her teets were full she
thought mamma would dry up that was not the case and on June 11 2016 a
baby was born. Horse was rebreed at the kill pen or before she got
there so that put her over on horses as well. Prior to Zazooís birth
her 30-year-old died from cushings disease again she thought she has
room for a couple more all the horses. Porscheís a safe haven for the
horses the rest of their lives. These are the only 6 horses and 2
ponies at no time am I looking to have any more so when I say Iím
looking for a ďtemporaryĒ variance that means that I uh, all the
horses have medical issues she is also sponsored by the public which
means she takes in donations for these rescues. The horses have
medical disease not something that people can catch. Here is a little
back ground on the horses, Velvet Ė does not like people she is the
biggest mare she has scar tissue all the way down from her throat to
her breast area. That was from rope, tied and pulled on she is not a
good match for anybody she will chase people out of the pen, she
respects Porsche. Then there is Tikki her son suffers from an eye
issue keratitis that will cause blindness he will always be a risk for
this to return. Then there is April has a Stifel issue in her hip, she
walks and drags and she has to hop to get in back into place. She will
never be able to be ridden. They have regular vets that take care of
the horses they perform surgery if needed right there. Classy has
muscle loss on her throat, you can feel her esophagus really bizarre
she will always be in jeopardy if she ever gets kicked there it could
kill her. Also she has severe liver damage unfortunately this will
shorten her life a lot.
Then there is Windy is 25 years old has exceeded the life expectancy
of a horse of 20 years, she has melanoma cancer on the right side if
her neck, itís a lump and it is growing. Hate to say it she could die
from old age also.
Then there is Kaia she came off the meat truck, has severe anxiety,
that some horses will paw when they are nervous
This is so dramatic that she will strike out and put someone in
jeopardy and get hurt. She bites and has an understanding with Porsche
that she does not bite Porsche. She is anxious and overactive. And
Sonny came on the same truck with Kaia, Sonny was so severely beaten
her ribs are still sticking out on her sides they are broken the vet
said that there is nothing they can do for her at this time. She will
never be able to be ridden or have a saddle on 
Page 2 

Her back because of the broken ribs. So that will give you a basic
idea of the horses it is sort of like a Hospice. Porsche does not have
stalls for the horses but she has 4 large shelters so the horses can
move more freely. Horses have colic and 75 feet of digestive tract and
they need to move approx. 30 miles a day in order to keep the tract to
flow freely. A lot of horses in stalls have to have oils and special
things to keep things moving because their body isnít doing it
naturally. Porsche reads a letter aloud that she received from a vet
that cares for the horses, the vet is Amanda Maijer. Also she reads
aloud a letter from a vet that was recently out at Porscheís stating
that all 8 horses on the property are at appropriate body conditions,
weights or scores and have appropriate housing, food and water supply,
both of these vets are from different places. That is why Porsche is
asking for the boards mercy if this gets turned down 2 would have to
be picked to be put to sleep, and that will be very hard to do. Horses
are a herd animal and they bond for life. Porsche has a team of ten
that help care for the horses and 7 of them are here tonight. She
asked them to stand. That is the end of Porscheís testimony. Chairman
Henkelmann opens the floor for those in favor of this request. Each
speaker will have 2 minutes and must stand and be sworn in state name
and address.
Mary Webster: she is a friend of Porscheís and has visited her many
times. She donít see any problem and thinks the horses are well taken
care of. Jamie Mae: Porscheís daughter she said that the horses are
like family and are really cared for. It is a decent amount of space
because there are also 2 ponies. She hopes that the board would let
them stay. Alli Grover: she met Porsche a long time ago and she told
me so much and taught me so much with these horses. Separating the
horses would break our hearts and the horses as well, they are well
cared for. Nathan Snyder: Porscheís son he stated he has a bond with
these horses and it would really be sad if they were separated, they
have always been a part of the family. Chairman Henkelmann asked if
there was anyone else to speak in favor, hearing none he opened to
those speaking against. Michael Jacobson: I live directly northeast of
Porscheís property he hears a lot about the care of the horses and
that is great. We all have a personal responsibility to care for our
animals that is expected of us. But we are here to talk about the
changing of a property to having 8 horses. We live in a subdivision
and we have covenants, we need to talk about the neighbors. We have
limits on sheds and how many outbuildings we have. If you have a
healthy horse / colt move the healthy one to a new home, someone who
could enjoy it. If youíre a rescue that would not be a place for a
healthy one. There are waterways and ground that hold water is the
subdivision. Horses create fecal matter and urinate that runs off onto
other properties. So what I am saying is this property is not adequate
for that many horses. Six horses or only six large animals on the
property. Thank you. Tom Thostenson: reads a letter from Michael
Vogel: He is adjacent to Porscheís property and is opposed to her
request for more than six horses on the Kettelhutís property. She has
had more than six horses for more than a year. The township should
give no credence to an owner who violates the rule and the requests
permission to violate the rule. Also she owns 2 separate lots of which
are each approximately three acres in size. Secondly, Porsche is
asking for grace from the township and her neighbors in making this
request. Yet her actions toward her neighbors have not been gracious.
Michael Vogel ask that her appeal be strongly denied. Chairman
Henkelmann has pictures from Greg Neumann who is the property owner
adjacent just east of Porsche. The pictures are from his back yard
through the fence to the horse yard. Six horses are almost too many, I
cannot have my windows open because of the stench of horse urine and
excrement. Very unsanitary. Chris Dodge: Building inspector for the
Town of Janesville, variances according to the Town zoning ordinance
should be based on unnecessary hardships. Not self Ė imposed
hardships. No special circumstances exist. No special topography or
unusual lot configurations exists. The Town zoning ordinance is the
community standards that bind the Town together. Based on all these
factors, this variance should be denied based on its lack of merit.
Thank you. 
Peggy Augustine: Town Treasurer gave a little history on the parcel,
Porsche called both Linda and I at the Town Hall to find out if horses
could be placed on the property before her house was built. The map
hanging in the Town Hall at that time was in correct and said that
their property in that subdivision was zoned rural residential. Linda
and I just from being in the office had thought this was zoned A-# and
that horses would be allowed, so we got a hold of the County and got
the map straightened out. We contacted Porsche and explained, yes, you
can have horses on the property but not until the house was built.
Porsche was clearly explained that we do our own zoning. We are not
under Rock County zoning. One large animal per acre, horse, and pig
all that was explained before the house was even built, before horses
were brought to the property. Thank you. Chairman Henkelmann calls
Linda Fewell, clerk to testify. Porsche did come in and ask me how
many animals she would be allowed to have and this was ďafterĒ the
house was built. I told her sheís allowed to have one large animal per
acre in the Town of Janesville. She did mention having more, wanting
more and I did state no that she could not, only six. Thank you. Tom
Fuller asked the clerk the timeline of that? Linda stated that the
house was built. She didnít have any horses at that time except for
the two she came with. Porsche Ė rebuttal, we had looked around for
horse property because I had already had the two older mares to begin
with, and I knew I was going to continue with rescuing. She in fact
did contact Linda, by phone at that time I lived almost an hour away
and asked if I can have horses on that property and she did indeed say
yes, one large farm animal. Porsche did not realize that there was a
definition put in another part, toward the end of the ordinance.
Porsche said she could not get an answer out of what one large farm
animal is from anyone form the the Town. Porsche asked attorney Olson
about the definition and she didnít know, nobody did. Porsche went to
the County and talked to someone there who described the definition of
one large farm animal to her and a horse was equivalent to four Ė
tenths of a large farm animal. So if you go by that rule then she
still has room for more. A large animal is it a dog? Is a pig a large
animal? A steer verses a goat, one large farm animal. Trees are good
for the horses, I leave the trees there because they use them to
scratch and eat the bark. As far as excrement goes, I have cans from
Johnís Disposal I clean out the shelters and the pastures. We have a
big 1500-ton cart with our lawn tractor and pick up the poop and it
goes into the Johnís Disposal cans. As for the neighbors Mike Vogel
allowed his kids to run quads from 9 in the morning until almost
midnight every day. It was so bad I started to develop anxiety. My
husband & I went over to talk to the Vogelís and see if we could work
this out. I was hoping to set up a schedule with them so I could get
2-4 hours of sleep during the day, they were not willing to work with
me. I then came to the Town Hall and they said I should call the
Sheriffís department. The neighbor that ripped out the trees just to
the east of our property that costs approximately $52,000 worth of
damage. There is no run off, we have a slight grade in the back of our
house and we have a berm there. There are 3 horses on the parcel
adjacent to Greg Neumannís property. There is no way poop and pee and
all this stuff is bothering him. Greg Neumann was yelling at
Kettelhutís telling them to get off their own property. She is trying
to defend her property and her family is upset. Attorney Chase Horne
speaking on behalf of Porsche, he recognizeí s that there might be
differences between neighbors here and what he would urge the Board to
do is separate that from the decision that they are making at this
meeting, about whether or not to grant a variance. The board has heard
from neighbors who say this is unsanitary and 2 letters from certified
vets who say her herd is healthy and not unsanitary. Kettlehutís feel
they are over by 1.66 animals and are seeking a limited variance not a
permanent one, to allow these horses to continue their lives. There
will not be harm to the public, but there will be harm to the
petitioner to A Right to Life under these horses. Attorney Chase Horne
is doing this for Porsche on a pro bono basis. The major objection to
going from six horses to eight is the smells and the problems of 331/3
percent horse manure. Porsche may take care of it now, but we would
grant an exception, a variance, on this one property which is really
two properties because it is two 3 acre properties. Whether it is a
temporary or limited variance it runs with the land, but they would
agree to keep the variance with the people not the land. Letter from
Derek Combs was read aloud by Chairman Henkelmann, then he read a
letter aloud from Robert Conner. Then Board member Thomas read aloud a
letter from Tom Davidson. And finally a letter from Vicki Hargreaves
was read aloud by Thomas. Chairman Henkelmann asked if anyone else had
anything. Chris Dodge the Town Building Inspector, he would like to
encourage the board to put aside any emotional issues and focus on the
strict and literal interpretation of the Town of Janesville zoning
ordinance which is a community based standard that has been
established for a long time. The issues are is there a hardship? Is it
self- imposed? Or is there a hardship created by topography, a
government action or a unique shape of property: which once again, it
meets none of that criteria. Itís the duty of this Board to enforce,
to consider those three topics, and those three only. All other things
are peripheral. Itís a community standard. All these people writing
letters from other places, they donít live here, people here have a
vested interest in the community. Thank you. Michael Jacobson, again
she has already acknowledged, that she has waste bins to remove waste.
So already we stated the fact that we have an issue. 
Peggy Augustine: would like to point out the Planning and Zoning and
Town Boards made their decisions based on what the rules of the Town
are, not necessarily the fight of friction between neighbors. In the
Planning and Zoning minutes it says right in their notes that the
manure was not being put into cans. It was being mowed and spread
across the property. We just renewed our contract with Johnís Disposal
and itís for household waste. Ití not supposed to be used for animal
excrement, especially to the tune of eight horses. Thank you. Jonathan
Kettelhut:
Porscheís husband I work for Waste Management. I dump a doggy day care
place. Right after that I dump a restaurant, and then I go right over
and dump an apartment complex. It all goes to the land fill in the
same place. In the Town of Middleton Iíve got cans that are for farms,
and there are cans in Janesville. This whole waste natter is just
smoke blown in your face. They donít know what they are talking about.
Look up the laws. Michael Jacobson: Thereís also regulations on that
as well. Thatís why we have laws. Porsche brought up Kelly Cusick
stating how many horses she has, Kelly has 27 horses on the 18 acres
of her property. That is comparing apples to oranges if you ask me,
states Linda Fewell. Her horses are not in a subdivision and far from
any oneís back yard.  David Rebout: Kelly got a CUP but she did have
to get rid of some seven horseís bases on her CUP conditions. And she
does not live, like Linda said, in a subdivision. Jamie Mae: said that
she and her brother play in the yard all the time. There is no extreme
smells. Chairman Henkelmann asked anyone else? Linda Fewell I doní
find the poop is an issue personally that way. The real Issue in this
whole thing is she broke ordinance and she wants us to give her a
variance. If she would never had the extra horses, I donít care how
she got them, we wouldnít be sitting here tonight trying to fix
something she did to herself. Thatís how I feel. She created her own
hardship, she knew the rules before she got them. Thank you. Chairman
Henkelmann: closes the public hearing at 7:42pm. Attorney Olson, just
wanted to point out what she is asking for is a use variance to permit
the landowner to put property to an otherwise prohibited use, which
means two additional horses above the six allowed. There are three
statutory criteria so thereís a 1, 2, and 3 that all need to be
discusses and a finding made when you make your determination. And
Attorney Olson will need to know what it is to put together a Finding
of Fact in reference to this. Ginger Manwell: I simply donít see a
hardship, unique physical properties, I am not aware of any. Variance
didnít mention any. She talked about being good property for horses, I
donít see anything there. Harm to public interest, I think we have
that ordinance for a reason. Six horses, one per acre and the
neighbors clearly donít like it or want it. Clearly she cares about
the horses and takes good care of them. And there would a hardship for
the horses, obviously, but thatís not, I donít mean to sound cruel,
but not our concern. Chairman Henkelmann: I will read from the
ordinance ďThere must be exceptional, extraordinary, or unusual
circumstances or conditions applying to the lot, parcel, structure use
or intended use that do not apply generally to other properties and
uses in the same districtsĒ so there is nothing unusual. Tom
Thostenson: I think we should stick with the ordinance as written. One
horse per acre. Dan Braukhoff: thereís nothing here that substantiates
any reason to allow this. Tom Fuller: I would agree with some earlier
statements that itís unfortunate, but it turned out to be self Ė
imposed hardship as opposed to something that was forced or change was
made, so an oversight to get to this point still doesnít qualify
change in an ordinance. Brad Adee: this doesnít have anything to do
with how you take care of your animals or anything to do with the
animals. It has to do with the letter of the law. Me for one, I donít
like the 55 mile per hour speed limit, but I have to abide by it or
Iím in violation. The ordinance is the same way. Those are laws of the
Township lives by: and, due to that I make a motion to deny. It
doesnít meet any of the three criteria that are required by law.
Ginger Manwell: seconded. Chairman Henkelmann: I canít accept your
motion though. Jamie Olson: you are the alternate. Ginger Manwell made
the motion to deny Dan Braukhoff I will second, the motion was made
and seconded to deny the application of Porsche Kettelhut. All those
in favor of the motion say aye (all responded aye) those opposed say
no. Hearing none motion carried on voice vote. Dan Braukhoff: I will
make a motion to adjourn. Tom Fuller: seconded. Chairman Henkelmann:
we stand adjourned.


(Adjournment at 7:55 p.m.)









Respectfully submitted by 
Linda Fewell, Town Clerk   

Archive

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