2026.06.30 Board of Zoning Appeals Agenda and Packet - Training Session

AGENDA BOARD OF ZONING APPEALS MEETING RICHFIELD VILLAGE HALL 4128 HUBERTUS ROAD HUBERTUS, WI 53033 June 30, 2026 5:00 P.M. Pursuant to the requirements of Section 19.84, Wis. Stats., notice is hereby giren ofa meeting of the Village of Riclifield Board o_f Zoning Appeals, at which a quorum of the Village Board may attend in order ro gather infomwtion about a subject which they ha\'e decision making responsibility. The meeting 1-rill be held at the abol'e noted date, time and location. Notice of Village Board Quorum, (Chairperson to announce the following if a quorum o_( the Village Board is in attendance at the meeting: "Please let the minutes reflect that a quorum o_(the Vif/age Board is present and that the Village Board members may be making commen ts under the Public Comments section of the agenda, during any Public Hearing(s) or if tire rules are swpended to a/lo,-1· them to do so.") 1. Call to Order/Determination of Quorum 2. Verification of Open Meetings Law Compliance 3. Roll Call 4. Pledge of Allegiance 5. Approval of Minutes a. February 3, 2026 - Training Meeting b. February 3, 2026 - Regular Meeting 6. Training Session Conducted by Attorney John Macy 7. ADJOURNMENT - The Board of Zoning Appeals will adjourn and then reconvene for a second meeting at 6:00 p.m. on Tuesday, June 30, 2026. A separate agenda for that meeting will be posted in accordance with State Statutes. Additional explanation of items on the agenda (Communication Fo1ms) can be found on the village's website at www.richficldwi .gov. Notification of this meeting has been posted and/or published in accordance with the Laws of the State of Wisconsin. It is prissible that members of and possibl y a quorum of members of other governmental bodies of the municipality may he in attendance at the above stated meeting to gather infonnation ; no action will be taken by any governme ntal body at the above sta t~d meeting rither than the governmental body spccilically refen·ed to above in this notice. ReqLLests from persons with disabilities who need assistan ce to paiticipate in this meeting or hearing should be made to the Villag e Cler-k's office at 628-2260 with as much advance notice as possible.\ Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 5:00PM 1. Call to Order Chairman Gallitz called the meeting to order at 5:00PM. 2. Verification of Open Meetings Law Compliance Administrator Healy stated the meeting was noticed and posted according to the law. 3. Roll Call In attendance were In attendance were Chairman Brian Gallitz, Board Member Jerry Wold, Richard Schlei, Lisa Becker, and Dick Gellenden. Also Present: Village Administrator Jim Healy, Administrative Services Coordinator Brad Calder and Village Attorney John Macy. 4. Pledge of Allegiance -~- 5~ApprovalofMinute~ a. November 10, 2025 - Regnlar Meeting Motion by Board Member Schlei to approve the minutes from November 10, 2052, as presented. Seconded by Board Member Gellenden. Motion carried unanimously by voice vote. 6. Training Session Conducted by Attorney John Macy Attorney Macy and the Board ofZoµing Appeals reviewed applicable Wisconsin State Statutes and case law governing variances. The discussion included a commitment to provide additional training prior to future hearings to further support the Board in its decision-making role. The training centered on the three-part test established under Wisconsin law, which places the burden on the applicant to demonstrate all required criteria. SpecificaUy, a variance may be granted only upon a showing of Ullllecessary hardship, that the hardship arises frolll l!llique property limitations specific to the parcel, and that approval of the variance would not be contrary to the public interest. Attorney Macy supplemented the discussion with practical examples to help Board members better understand their responsibilities and ensure variance decisions are made in accordance with applicable legal standards. 7. ADJOURNMENT The Board of Zoning Appeals adjourned at 5:50 PM. Respectfully Submitted Brad Calder Administrative Services Coordinator Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM 1. Call to Order Chairman Gallitz called the meeting to order at 6:00PM. 2. Verification of Open Meetings L11w Compliance Village Administrator Healy stated that the meeting notice had been posted at all three (3) U.S. Post Office buildings, Village Hall and online. Additionally, proper Class II Public Notice was published in the West Bend Daily News. 3. Roll Call In attendance were In attendance were Chairman Brian Gallitz, Board Members Jerry Wold, Richard Schlei, Lisa Becker, and Dick Gellenden. Also Present: Village Administrator Jim Healy, Administrative Services Coordinator Brad Calder and Village Attorney John Macy. 4. Pledge of Allegiance 5. Recess and reconvene to g11ther additional information at property located at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: VlO _ 084400C Chairman Gallitz entertained a motion to recess and reconvene at the property identified by Tax Key: Vl0 084400C. Motion by Board MemberGellenden to move to recess at 6:04PM to travel to 970 Middle Ridge Dr; Seconded by Board Member Wold; Motion passed without objection. Admin.istrator Healy stated there is to be no discussion_ of the details of the case on the way to or from the site. It was also asked that there be no "side conversations", as all conversations must be heard by all in attendance. - Motion by Board Member Becker to move to reconvene at 6:10PM at the property located 970 Middle Ridge Drive; Seconded by Board Member Gellenden; Motion passed unanimously by voice vote. Motion by Board Member Wold to move to recess and reconvene at 6: 15PM; Seconded by Board Member Gelleden; Motion passed without objection. 6. Reconvene at Village Hall Chairman Gallitz called for a motion to reconvene the meeting. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Motion by Board Member Gellenden to reconvene the meeting at 6:23PM; Seconded by Board Member Wold; Motion passed without objection. 7. Upon motion duly made, seconded and approved by a roll call vote of the members present at the meeting, the Board reserves the right, prior to the hearing or dnring the hearing, to adjonrn into "Closed Session," pnrsuant to Section 19.SS(l)(g), Wisconsin State Statutes, as needed to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, specifically the hearing on the request for a Variance by Kristin Lewis, petitioner and resident, for the property owned by Richard and Jean Lewis, for the property located at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: VlO _ 084400C. The Board did not go into closed session under this agenda item. 8. The Board will return to open session to take action on those matters discussed in closed session -·----and/orcummence-or-continue1:he-hearing-on1:he-request-for-a-Variance-by-ltlistin-bewis, - ----- --- - --­ petitioner and resident, for the property owned by Richard and Jean Lewis, for the property located at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: VlO ...:084400C. No action was taken under this agenda item as·the Board did nof go into closed session under agenda item 7. 9. PUBLIC HEARING AND ACTION regarding a petition from Kristin Lewis to obtain a Variance for a reasonable accommodation from Section l70A(2)(17.14) of the Village Code Keeping of Household Livestock, specifically ducks and geese in the RS-2 Zoning District, by Kristin Lewis, petitioner and resident, for the property owned by Richard and Jean Lewis, for the propertylocated at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: V10_084400C. a. Annonncement of Proceedings Chairman GaHitz gave a brief introduction and opened the public hearing. b. Presentaj:ion by Zoning Administrator Administrator Healy gave his presentation regarding the petition for the variance at 970 Middle Ridge Drive. Administrator Healy's presentation followed the information presented in the Communication Farm drafted for the meeting. Chairman Gallitz asked the members of the public present if any of them wish to speak during the public hearing and if so could they state their name and address for the record as well as take an oath regarding their testimon. The following members of the public gave their name and address. Ms. Kristin Lewis, 970 Middle Ridge Dr (Petitioner) Mr. Llyod Lewis, 970 Middle Ridge Drive Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Mr. Tom Lewis, 600 Kreuser's Ridge (Son/Power of Attomey for Property Owners) Mrs. LaDonna Kleiss, 984 Middle Ridge Drive Mr. AJ Cairns, 958 Middle Ridge Drive Mrs. Patricia Wolters, 1000 Middle Ridge Drive Administrative Services Coordinator Brad Calder, 4128 Hubertus Road Chairman Gallitz asked all of those wishing to speak to stand and raise their right hand. The members of the public listed above stood and raised their right hand. __ Chairman Gallitz swore in the members of the public. All of the members of the public stated "yes" following Chairman Gallitz swearing them in. c. Board Member questions Chairman Gallitz asked if there were any questions from the BoaniMembers for Administrator Healy. There were no questions from the Board Members. d. Presentation by Applicant Chairman Gallitz thenopened the floor for Applicaht, Ms. Kristin Lewis, to present her petition for the vanance. Ms. Lewis presented her petitio11.for a variancl". Ms. Lewispointed out that her request is for an individual need. She saidisasking fora narrow accommodation for a disability related need. She continued by speaking itboutthe Village's standard for keeping of household livestock. Ms. Lewis stated she is not looking to relocated the animals on the property and that the coop would be addressed in a future approvaljfthe variance is granted.-Shestated that the birds have been secured in their fenced area since the fence was erected. Ms. Lewis testified that caring for the animals and the daily routine assisted in the managemel\t of her conditions. She continued by saying the water from the pool is discharged into the side yard and not into the ditch inJront of the home. The coop uses a deep litter method in the winter and sand in the summer.She expla;inei:I that the refuse from the coop is then used as fertilizer on the property. She continued by saying fcit>d is placed on the ground to replicate natural behavior. The ducks and geese make noise intermittently as geese are alert animals, and why geese are used as sentries in rural settings. Ms. Lewis spoke regarding the letter drafted by Mrs. LaDonna Kleiss her neighbor. e. Board member questions Chairman Gallitz asked if any of the Board Members had questions Board Member Wold asked how long Ms. Lewis had the ducks and geese. Ms. Lewis said she initially got them in 2024. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Board Member Wold asked how Ms. Lewis disposes of the waste. Ms. Lewis stated the waste is used as fertilizer in the garden or grass. Board Member Wold asked how long she has had the enclosure and where were the ducks and geese roaming prior to that. Ms. Lewis said the enclosure was put up in September (2025) and prior to that they could roam the property. Board Member Wold asked if the ducks and geese roamed and left the property prior to that. Ms. Lewis said they possibly could have. Board Member Wold do the ducks and geese produce offspring. ~·~·~Ms.Lewis.they.do.la.y.eggs.bnt.she..does.nutJncubateJhenLRo.chick&..areJ10t.ha1clll:d....Sh~ontinued by __ _ stating that the eggs are consumed for personal use by her and other family members. Board Member Wold asked if eggs are sold or given to non family members. Ms. Lewis said no not at this time. Board Member Wold asked if the ducks and geese reside in the home. Ms. Lewis stated they reside on the property. She said she does allow them to come in the house every now and then. Board Member Wold asked there are any dog or cats onthe property and if so how many. Ms. Lewissaid there are 3 dogs and no cats. Chairman Gallitz asked if any other BoardMembers had questions. Board Member Schlei asked why do you have ducks. Ms. Lewis asked for clarification. Board Member Schlei asked Ms. Lewis why she selected ducks as a support animal. Ms. Lewis stated was not aware in residential zoning, one could not have ducks and geese and could not find anything on the Village Website regarding the keeping of ducks and geese. She explained she got her first order of ducks and geese in spring of 2024 as pets. Since then, they have provided companionship and caring for the animals and the daily routine assisted in the management of her conditions. Board Member Schlei asked how many ducks make a flock. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Ms. Lewis stated she currently has 30 ducks and 5 geese. She continued by saying over time the flock would naturally reduce to 27 ducks and geese. Board Member Wold do you consider your dogs to emotional suppo1t animals. Ms. Lewis said "no". Board Member Wold asked if the dogs are kept in the house or outside. Ms. Lewis said the dogs are kept inside. Board Member Wold asked if Ms. Lewis if her physician visited her property. Ms. Lewis said Hno". Schlei asked Ms. Lewis if she could obtain emotional support from any other type of animal. Ms. Lewis said she could not. Board Member Schlei asked if her doctor specified how much support she needs. Ms. Lewis stated "no" and the letter from her doctor did not specify how many ducks and geese were necessary. Board Member Gellenden asked about the difference in the letter where it refers to animal and animals in plural. Board Member Schlei stated.that there is no signature or license number of the doctor on the letter by Ms. Lewis's doctor. Ms. Lewis said the letter was provided by the doctor electronically. Chairman Gallitz asked how the ducks and geese help give her emotional support from her symptoms. Ms. Lewis said the routine of taking care of them and companionship provides relief from her symptoms. There were no other questions fromthe Board at this time and Chairman Gallitz opened the floor to comments from the public._ -_ f. Input from the Public Mrs. LaDonna Kleiss stated that she and her husband submitted a letter but are concerned about the number of ducks and geese being kept on the property and health-related issues because of this and that this is too many for the property. She continued saying she had witnessed the ducks and geese roaming from the property in the past, with the ducks and geese being in the street and entering her property. Mr. Tom Lewis wanted to address the letter that was written. He asked that property that are zoned RS-2 and under 4 acres and that the Village does not go around and look for violation and that a complaint was filed about the property. He said that he believes the laws are not being applied equally in the Village. As Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM there are other properties zoned similar that have livestock. Mr. Lewis said the letter written by the Kleiss's has inaccuracies as the property is being used as business. There is no business being operated at the property and the Kleiss's have too much time on their hands watching the property. Mr. Lewis said he was not aware of him or his parents ever visiting Kleiss's property for a pool party. Mr. AJ Cairns said they are good neighbors and he lives to the south. Feels the Village should give Ms. Lewis the variance. Said the ducks got into his yard and his dogs played with them. Mrs. Patti Wolters asked what type of precedent would be set if they let these many animals. She said she is trying to relate to a friend of hers who has a dog. Mrs. Wolter also said 30 ducks and geese are a lot and had concerns about that. She asked if these animals are then allowedto enter restaurants or stores. She is also worried about the water quality. She concluded by asking if the birds fly and commenting on the number of foxes in the area. Mrs. Kleiss stated Mr. & Mrs Lewis were at their pool party. Mr .. LLy~d Lewis~statedJhe duck~geese~J.OLfly. SaidJh= are emotional support animals n=o=t __ services animals which are different. g. Board member questions Chairman Gallitz asked if any Board Member had questions. Board Member Schlei asked Mr. Lewis ifhe was saying he sees farm animals in the front yard of other properties in the Village. Mr. Tom Lewis said you see signs in the front yard saying eggs for sale. Board Member Schlei asked if he has seen anywhere in the Village where there is flock of ducks in the front yard. • Mr. Lewis said no but hasn't looked that close and the ducks could be moved to the back yard. Board MembetWold said the requestis to keep the ducks and geese where they are. He asked Mr. Lewis if he has any proof that others are, violating the ordinance. Mr. Lewis said he does not have any other examples. Board Member Schlei askedl'vlrs. Kleiss could explain if she could hear the ducks and geese. Mrs. Kleiss said they hear them from time to time. They have also had to chase them off of their property. They have had to find ways to keep the ducks and geese out of their pool by closing the gap under their fence around the pool. Board Member Wold asked when it is cold how do they keep the ducks and geese warm. Ms. Lewis stated that ducks and geese are very hardy and no supplemental heat source is needed and that a space out of the wind is needed. They have access to the coop 24/7. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Board Member Wold asked if there are any utilities that go into the coop gas and electric. Ms. Lewis said no utilities go the coop and the coop door is battery powered and open and closes on a timer. h. Legal Arguments of the Parties Chairman Gallitz asked if the Administrator Healy would like to make any additional legal arguments. Administrator Healy stated he had nothing further. Chairman Gallitz asked if the Board Members had questions. There were no questions from the Board Members. Chainnan Gallitz asked Ms. Lewis if she would like to make any additional legal arguments. Ms._Lewis_saicldomestic_ducks_and geese_"do_not fly-"~_--- i. Consideration of Any Other Issues Related to the Appeal Chairman Gallitz asked Administrator Healy if he had any additional questions or another items. Administrator Healy stated "no". Chairman Gallitz stated the next step would be to close the Public Hearing. Attorney Macy reminded the Board that once the public hearing closed no additional questions could be asked of the Village or of Ms. Lewis. - -- Chainnan Gallitz asked if any other support animal could provide support. Ms. Lewis stated that she believes ducks and geese are the best option for her symptoms. Chairman Gallitz asked there were any otlier questions. Discussion occurred between Board_ Members, the Village Attorney, Staff and Ms. Lewis regarding potential conditions occµrred. Board Member Wold asked iftheyhilve raised chicks. Ms. Lewis said she has raised chicks from the hatchery but not from their own eggs. Board Member Wold asked how many you have received. Ms. Lewis stated she has received several orders of chicks since 2024. And has no intentions of getting anymore. She got them as pets then became emotional support animals Board Member Wold asked when the ducks and geese became emotional support animals. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Ms. Lewis said it happened in 2024 after she had gotten the ducks and geese. She got them as pets and then they became emotional support animals. Board Member Wold ask Ms. Lewis if she provide any documentation that she has been diagnosed with the conditions stated in the letter from her doctor. Ms. Lewis said "no". Chairman Gallitz asked if there were anymore questions. There were no further questions from Board Members. j. Close Public Hearing Chairman Gallitz asked if there was a motion to close the public hearing. Motion by Board Member Schlei to close the public hearing at 7:36 PM; Seconded by Board Member _ Becker; Motion carrie~unanimousLy hy Yoic~YO.te. -__ ___ ____ _ _ _ _____ __ k. Deliberation Chairman Gallitz gave a brief statement regarding the factors tha_t will be considered in deliberation. Chairman Gallitz asked if the Board Members wished to go into closed session for discussion. I. Upon motion dnly made, seconded and approved by a roll call vote of the members present at the meeting,the Board reserves the right to adjourn into "Closed Session," pursnantto Section 19.85(1)(a), Wisconsin State Statutes, to deliberate concerning a case which was the snbject of any judicial or quasi-judicial trial or hearing before that governmental body, specifically the request for a Variance by Kristin Lewis, petitioner and resident, for the property owned by Richard and Jean Lewis, for the property located at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: V10_084400C. Chairman Gallitz read aloud agenda item 9J. regarding going into closed session. Motion by Board Member Schie! to go into closed session: Seconded by Board Member Becker: Roll call vote: Roll Call: Chairman Gallitz Board Member Wold Board Member Schlei Board Member Gellenden Board Member Becker Motion carried 4-1. Aye No Aye Aye Aye The Board Members, Attorney Macy aod ASC Calder went up stairs to conduct the closed session. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM m. The Board will return to open session to take action on those matters discussed in closed session, and/or deliberate and act on the matter subject to the hearing on the request for a Variance by Kristin Lewis, petitioner and resident, for the property owned by Richard and Jean Lewis, for the property located at 970 Middle Ridge Drive, Hubertus, WI, identified by Tax Key: V10_084400C. Motion by Board Member Gellenden to resume open session; Seconded by Board Member Wold; Motion carried unanimously by voice vote at 8:20PM. n. Announce Decision or Adjourn to a Date and Time Certain for a Decision/Announce Decision o. Direct Staff to Prepare Written Decision and take any necessary action Board Member Wold spoke regarding the use variance and stated that he believes the petitioned (Ms. Lewis) has full use of the property without any other normal restrictions of the R-2 Zoning District. He continued by speaking about there are no unique property limitations and that there is no wetlands in the area or steep slopes. He concluded by speaking about impact to surrounding properUes and the runoff from the property is a hazard to the community. • • Board Member Gellenden said he agreed with Board Member Wold's comments. Board Member Becker said she agreed. Chairman Gallitz added that he felt the applicant never spoke about or submitted materials about the unique prope,ty limitations.· Board Member Gellenden said that there has been hann to public interest as these are unmanageable pets and therefore there is an impact to the surrounding properties and community. Board Member Schlei said he agreed. Chairman Gallitz spoke regarding the accommodation and that household livestock is not a reasonable request, andthe request should be denied. He said the petition did not demonstrate that allowable animals under the Rs~2 District would provide relief for the symptoms. Chairman Gallitz asked if there were any other comments and if not would someone like to make a motion, Motion by Board Member Wold to deny the use variance as the applicant has not met the use variance criteria of unnecessary hardship, unique property limitations and no harm to public interest; Seconded by Board Member Gellenden; Motion carried unanimously by vote. Board Member Gellenden said the reason for denial is what constitutes and emotional support animals and the ducks and geese on the property and the ADA does not have a list of animals that can be emotional support but generally animals that are wild impose a risk or are hard to manage are not emotional support animals. Chairman Gallitz stated that the applicant didn't demonstrate other avenues or specifically what support relief the animals specifically provided. Board of Zoning Appeals Meeting Minutes Village of Richfield 4128 Hubertus Road February 3, 2026 6:00PM Attorney Macy pointed out that there was no discussion as to the number of animals needed to provide relief. Chairman Gallitz stated that is true and why all the animals are need. Administrator Healy stated that the finding of facts and conclusions of law document will be drafted based on these motions. Motion by Chairman Gallitz to deny applicants reasonable accommodation under the Fair Housing Act that reasonable animals would not provide relief; Seconded by Board Member Wold; Motion carried unanimously by voice vote. 10. ADJOURNMENT _Motion by Board Member Wold to adjourn; Seconded by Board Member Becker; Motion_J2fil'sed without objection at 8:31PM. Respectfully Submitted Jim Healy Village Administrator