Oneida zoning orders Bangstad into immediate compliance

After filing two citations and alleging continued noncompliance with permit conditions by the Minocqua Brewing Company, the Oneida County zoning director has issued an order for owner Kirk Bangstad to come into immediate compliance.

If he doesn’t, zoning director Karl Jennrich says he will head to the zoning committee to recommend amending, suspending, or revoking Bangstad’s administrative review permit (ARP), Jennrich wrote to Bangstad on August 29.

The permit for Bangstad’s E. Front Street retail location prohibits outdoor seating, but, according to the zoning department, Bangstad has continued to provide such seating in violation of the condition.

The department first cited Bangstad on August 4, after sending an August 2 email to Bangstad’s attorney at the time, advising him of the ongoing violations. The county filed the citation in court August 10 for a non-traffic ordinance violation for violating permit conditions and requirements. 

The court date is scheduled for September 19, unless Bangstad pays the citation or otherwise does not contest it. The bond amount is $452.50. As of September 2, it has not been paid.

In an August 4 letter advising Bangstad of the citation, Jennrich wrote that a July 29 staff on-site inspection from Highway 51 found outdoor seating that consisted of chairs, coolers, and a portable awning.

“On August 1, 2022, staff conducted an on-site inspection from Highway 51 and East Front Street and observed patrons utilizing the outdoor seating area,” Jennrich wrote.

Also in that August 4 letter, Jennrich said he believed Bangstad knew the seating was a violation of the permit.

“The department believes through multiple discussions with your consultants and yourself that you are aware outdoor seating was not approved through [the administrative review permit] and were also informed as early as August of 2021 of the need to obtain a conditional use permit if you wanted to have outdoor seating,” he wrote.

On August 15, another email was sent to Bangstad’s attorneys providing background information about the ARP and again advising that the department believed there were still permit violations.

“I have had no contact by Mr. Bangstad or his attorneys after the citation was issued,” Jennrich wrote. “It was sent to Kirk Bangstad, [his address], via affidavit of mailing. The letter and citation has not been returned ‘undeliverable.’” 

Since the first citation was issued, Jennrich wrote, staff took pictures on August 12 of two tents being used for outdoor seating.  

“I state to the both of you the department is getting pushed by the actions of your client to have to take enforcement action pursuant to Chapter 9,” he wrote. “That includes citations for a date specific violation or I have the ability to take the continued violation of ARP to the Planning and Development Committee pursuant to Chapter 9, Article 8 specifically 9.82 (D) for them to amend, suspend or revoke the permit.”

On August 19, the department issued a second citation for the ongoing violations. It was filed August 23, also for $452.50. The court date is set for October 3, unless the citation is paid; as of September 2, it wasn’t.

By August 29, things weren’t any better, Jennrich wrote in the letter to Bangstad dated that day.

“Since that time the department has documented five occasions that outdoor seating is still being provided to the customers of the Minocqua Brewing Company contrary to [ARP] condition #6: no outdoor sales, displays, storage or activities of any type allowed,” Jennrich wrote.

And, Jennrich wrote, there appeared to be other violations, too, including that the dumpsters be screened from view, as well as violations of the permit’s parking conditions. Those require a minimum of six parking spaces, each with a minimum width of nine feet and a minimum depth of 20 feet.

The town is waiving a five-foot setback along the east lot line, provided a curb is installed along that lot line. There must also be one-way traffic flow and signage to indicate one-way traffic flow.

In his August 29 letter to Bangstad, Jennrich included the process by which the county could revoke the permit. After Jennrich gives notice to the committee of violations, the committee can, at its discretion, hold a public hearing to consider amending, suspending, or revoking the permit.

In the letter Jennrich advised that Bangstad needed to act quickly, or he would take that step toward revocation.

“Please be advised that if you don’t immediately come into compliance with the conditions of the administrative review permit the department is left with no other options, but to recommend to the planning and development committee to amend, suspend or revoke [the ARP] because of your noncompliance with the provisions of the permit,” he wrote. “You are hereby ordered to bring the administrative review permit into compliance immediately including discontinuing providing outdoor seating to your customers.”

The two citations represent two separate violations, but in his letters to Bangstad, Jennrich informed him that he could be fined for each day he continues the violations.

“Please be advised that each day this situation continues may be considered a separate and distinct violation for which this department may seek injunctive relief and/or forfeitures on Oneida County circuit court,” he wrote.

Bangstad has also been attempting to have the town discontinue what he calls an abandoned right of way adjacent to his property.

On August 23, he sent an email to Minocqua town chairman Mark Hartzheim requesting that the town discontinue the parcel.

“It is no longer a needed right-of-way, and therefore should be discontinued and relinquished to the owner of the abutting property, namely myself,” he wrote. “Seemingly a formal petition, in which you have provided an actual form for property owners to fill out, needs to be acted upon at some point.”

Richard Moore is the author of “Dark State” and can be reached at richardd3d.substack.com.