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Iola Sand Pit decision being appealed

Signage opposing the sand pit.

PRESS RELEASE

Faulks Bros. Construction (FBC) and the Iola Car Show (ICS) announced Sept. 21 their intention to appeal to Circuit Court the recent decision by Waupaca County Planning and Zoning Committee to deny their conditional use permit application (for a sand pit operation on Iola Car Show grounds).

At the Aug. 22 meeting of the Waupaca County Planning & Zoning Committee, the staff of the Waupaca County Planning and Zoning Office recommended approval of the CUP along with 28 conditions for approval. The attorney for the county committee also reminded committee members of Wisconsin Act 67. 

“The statute has changed to say that the Zoning Board shall approve an application if the conditions currently or will in the future mitigate any concerns,” she said. “By not approving the CUP with the 28 conditions, this body is not complying with the statute. It is up to this body to be compliant with this statute.”

Representatives from FBC met with ICS staff and Board of Directors following the committee’s decision to discuss the issues, process and next steps. Both parties felt it was important to proceed with appealing the decision, regardless of whether they proceed with the project or not.

“Getting this decision corrected from a legal standpoint isn’t just important for our business, it’s important for all businesses and landowners,” said Jon Faulks of FBC. “It’s imperative that we preserve our legal right to conduct business within the framework of the State Laws and County Ordinances. Waupaca County has some of the best non-metallic mining ordinances in the entire state. They were adopted back in 2015 after nearly two years of discussion and consideration from all sides. Those rules were put in place for everyone’s benefit, and we follow them.”

Joe Opperman weighed in on behalf of ICS: “In addition to preserving our legal rights, this project continues to be important for the future and development of the Iola Car Show. Along with providing a significant revenue stream, the improvements made to the property will help provide needed parking lot improvements and help to decongest traffic throughout the community during the event. Both FBC and ICS are sympathetic to the concerns of our neighbors, but this project is an important one and will ultimately serve the entire community.”