HomeMy WebLinkAboutZoning Violation-illegal storage
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208A20 JACKSON ST. OSHKOSH, WI 54901
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CITATION REQUEST
NAME ROBERT A. ROTHENBACK/1800 HARRISON STREET
Violation on the northeast corner of Mufdock Ave. and Harrison Street
PROBLEM/VIOLATION of Section 30-27 Heavv Industrial District which requires a
conditional use permit for any type of salvaqe/iunk yard which is defined as
outside storage of two or more unregistered vehicles. This location contains
approximately35i vehicles.
BRIEF HISTORY/REVIEW Violation/Correction Notice - 10/29/87. After receipt
George from Buy Gosh Motors called and was uncooperative and indicated no
intent to begin compliance by applying for a conditional use permit. Final
Violation/Correction Notice - 12/9/87. On 12/17/87 George from Buy Gosh Motors
called again. He informed me that he felt that no violations exists. I asked
him to give evidence of current registration and licensinq. he refused. He also
indicated he has no interest in applying for a conditional use permit. . He has
no interest in working with us.
(See attachment)
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CITATION REQUESTED BY~ ~~~
**********************************************************************************
CITATION APPROVAL
DIVISION SUPERVISOR ~~ ~~~ ~
CITY MANAGER . . d d
sl3l/8r;
DATE
1'*-
A citation was issued on 2/15/88 for a court review on 3/16/88 at which time
Rothenback entered a plea of not guilty. A trial date was set for 4/11/88.
On 4/11/88 the court found Rothenback guilty of the above referenced violation
with Rothenback paying the stipulation on the same day. On 4/15/88 Rothenback
received a letter from me informing him that payment of the stipulation for being
found guilty does not relieve him of the responsibility to comply with the Zoning
Ordinance. On 4/19/88 Rothenback called at which time I asked him for a time
schedule for compliance. No such schedule has been received as of 5/27/88.
On-site on 5/26/88 indicated that little or no progress has been made relative to
complying with the Zoning Ordinance.
. '
CITATION REQUEST
NAME ROBERT A. ROTHENBACK/1800 HARRISON STREET
VIolatIon on the northeast corner of Murdock Ave. & HarrIson Street
PROBLEM/VIOLATIONOf Section 30-27 Heavy Industrial District which requires a
conditional use permit for any type of salvage/junk yard which is defined as
outside storage of two or more unregistered vehicles. This location contains
approximately 35~ vehicles.
BRIEF HISTORY/REVIEW Violation/Correction Notice - 10/29/87. After receipt
George from Buy Gosh Motors called and was uncooperative and indicated no intent
\
to begin compliance by applying-for a conditional use permit. Final Violation/
Correction Notice - 12/9/87. On 12/17/87 George from Buy Gosh Motors called again.
He informed me that he felt that no violation exists. I asked him to Qive evidence
of currentreaistration and licensina. he refused. He also indicated he has no
intPfPst in' i'lf1plying fOf i'I r.onrlitioni'll II<:;P pPfmit. Hp hi'lsinrlir.i'ltpo no intPfPst
in working with us.
CITATION REQUESTED B~~~~
Z4~8
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*****************************************************************************~k***
CITATION APPROVAL
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DATE#J
DATE J J
DATE 7f'~
DIVISION SUPERVISOR ~~
DIRECTOR OF COl1MUNITY DE7LOPMEN -... . / / -
CITY MANAGER ~~ ~
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CITY OF OSHKOSH
Date 9' -~ -;17
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CITY OF OSHKOSH, CODE ENFORCEMENT DIVISION, 215 CHURCH AVENUE, OSHKOSH, WISCONSIN 54901
VIOLA TION/CORRECTION NOTICE
10/29/87
DATE INSPECTED:
OCCUPANCY INSPECTED
ADDRESS
NORTHEAST CORNER OF MURDOCK AVE. & HARRISON STREET
1800 Harrison Street
OWNERS NAME AND ADDRESS Robert H. Rothenback. 3880 Omro Road. Oshkosh, WI 1)4904
NOTICE DELIVERED/EXPLAINED TO: owner
cc: Bruce Luedtke, Hou~in2 Tn~ppr~nr
TEM it- ORDER FINDINGS OF INSPECTION
1 See 30- 27(B) CONDITIONAL USES of the M-3 Heavy Industrial District,
City of Oshkosh Zoning Ordinance
The above referenced location was inspected and it was found
that a salvage yard/junk yard is being operated without a
conditional use permit.
DEFICIENCIES MUST BE CORRECTED & APPROVED BEFORE CONCEALMENT.
CALL (414) 236-5050 FOR INSPEGTION.
COMPLIAi~CE DATE.
IMMEDIATELY
INSPECTOR.
B.A. ROSKaM
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.
..
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. '
PLEASE NOTE
The attached Violation/Correction Notice sets forth Code Sections
for which violations have been identified. A permit and/or permits
may be required to correct the violation(s) cited. If there are
questions concerning this notice, please contact the Planning and
Research Division, 215 Church Avenue, Room 201, Oshkosh, Wisconsin
54901, or call (414) 236-5059.
Failure to comply with the Violation/Correction Notice may result
in the issuance of a citation and/or citations.
OTHER COMMENTS:
Per Section 30-27 M-3 Heavy Industrial District a conditional use
permit is required for any type of salvage/junk yard. In order
for you to operate you~ business it will require the approval and
issuance of a conditional use permit. Applications for a conditional
use permit are available at the above referenced location. Without
a conditional use permit your salvage/junk yard must be discontinued
immediately or the operation will merit an immediate issuance of a
citation.
H~.
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CITY OF OSHKOSH,' CODE ENFORCEMENT DIVISION, 215 CHURCH AVENUE, OSHKOSH, WISCONSIN 54901
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'VIOLA TION/CORRECTION NOTICE
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,'.DATE iNSPEC~ED:":"':10/29'/87 .....
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<NORTHEAST CORNER OF. HURDOCKAVE .'c & HARRISO'N ST,REET
OCCUPANCY INSPECTED
ADDRESS
1800 Harrison Street
OWNERS NAME AND ADDRESS
NOTICE DELIVERED/EXPLAINED TO:
RobertH. Rothenback, 3880 Omro Road, Os.hkc:/sil, WI 54904
Ov.7ne r
,::,"iJ~._'- .,;
Inspector '.
ORDER
1 Sec 30 27(B) CONDTTIONAL TJSES of the H-:3 He"avy
Ci ty of Oshkosh Zoning Ord:1nanc'e .
The above referenced location was inspected and it was f~und
tha~ a aalvage yard/junk yard is bein~ operated wthhout a
conditional use ~ermit.
DEFICIENCIES MUST BE CORRECTED & APPROVED BEFORE CONCEALMENT.
CALL (414) 236-5050 FOR INSPECTION.
~",'__',~......._...__"-,....,~,--,,,;-r-,...:.;.,.". ..--........,.
INSPECTOR: ," ,.B . A. "Ra S KOMe :";:'''''
Fip/lt.-Pol1aL~ /2/q!e! . ..
COMPLIANCE DATE: IMMEDIATELY
~ ..
. '. , .
, ~
, .
PLEASE NOTE
The attached Violation/Correction Notice sets forth Code Sections
for which violations have been identified. A permit and/or permits
may be required to correct the violation(s) cited. If there are
questions concerning this notice, please contact the Planning and
Research Division, 215 Church Avenue, Room 201, Oshkosh, Wisconsin
54901, or call (414) 236-5059.
Failure to comply with the Violation/Correction Notice may result
in the issuance of a citation and/or citations.
OTHER COMMENTS:
FINAL NOTICE
Per Section 30-27 M-3 Heavy Industrial District a conditional use
permit is required for any type of salvage/junk yard. In order
for you to operate your business it will require the approval and
issuance of a conditional use permit. Applications for a conditional
use permit are available at the above referenced location. Without
a conditional use permit your salvage/junk yard must be discontinued
immediately or the operation will merit an immediate issuance of a
citation.
THIS IS A FINAL NOTICE. lVITHOUT IMMEDIATE COMPLIANCE AS DESCRIBED ABOVE, A
CITATION WILL BE ISSUED.
\
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, .' ,~ . .- t" ' 1
\~, ..
PLEASE NOTE
The attached Violation/Correction Notice sets forth Code Sections
for which violations have been identified. A permit and/or permits
may be required to correct the violation(s) cited. If there are
questions concerning this notice, please contact the Planning and
Research Division, 215 Church Avenue, Room 201, Oshkosh, Wisconsin
54901, or call (414) 236-5059.
Failure to comply with the Violation/Correction Notice may result
in the issuance of a citation and/or citations.
OTHER COMMENTS:
Per Section 30-27 M-3 Heavy Industrial District a conditional use
permit is required for any type of salvage/junk yard. In order
for you to operate you~ business it will require the approval and
issuance of a conditional use permit. Applications for a conditional
use permit are available at the above referenced location. Without
a conditional use permit your salvage/junk yard must be discontinued
immediately or the operation will merit an immediate issuance of a
citation.
ENFORCEMENT DIVISION, 215 CHURCH AVENUE, OSHKOSH', WISCONSIN 54901
VIOLA TION/CORRECTION 'NOTICE""'"
OCCUPANCY INSPECTED
ADDRESS
DATE INSPECTED:
O!29!i37
'AVE.
ffARRl:SON STREET
'. 1800 Harrison Street
OWNERSNAMEANDiADPRESS ..... Robert R.Roth~nbadk~ 38890111;0 ..' R~ad~Oshlz()Elh,. \,;.1 51f90l~
NOTICE DEL IVEREDj EXPLAINED TO :ct\~ne r
cc: Bruce. ld'!edtke~Hous :t!ll~Tnspec tor
:I, ORDER
FINDINGS OF INSPECTION
1
:BEFORE'CONCEALMENT.
'I \
, ,
-----~
CITY OF OSHKOSH. WISCONSIN
UNIFORM MUNICIPAL CITATION & COMPLAINT
ASSESS COURT- TOTAL'
_ COSTS * DEPOSIT
$ SCJ,ro $ 'I, ~O $ :?C" ptl $ ~-: SO
* DO NOT INCLUDE IF RETURNABLE BEFORE JUVENILE COURT
STATE OF WISCONSIN CIRCUIT COURT BRANCH ~;-~,'(.c.e. C.: ,COUNTY OF WINNEBAGO INCIDENT NO..EZO ;:?~O
THE UNDERSIGNED, AN OFFICER FOR D BEHALF OF THE CITY OF OSHKOSH BEIN~ DULY SWORN. STATES UPON INFORMATION AND B':J.I~,\,"HAT
THE SAID DEFENDANT DID. ON ;Z <1 / AT I j:IJ(}n_OURS, VIOLATE ORD. NO.. 30-Z.7~TO WIT:
DEPOSIT
CITY
OF
OSHKOSH
PHONE
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VEH. - PLATE
NUMBER
ON Hit.-'-c h 19
LOCATED A T PUBLIC SAFETY BUILDING ~ G
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1:00
DATE:
420 JACKSON ST, OSHKOSH. WI 54901
COpy - COURT
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CIRCUIT COURT SUBPOENA
5T.>I TE OF WISCONSIN l
{ 5S.
County of Winnebago .,'
THE STATE OF WISCONSIN TO
TO: Bruce Roskum. Planning Dept.. Rm. 201, City Hall, Oshkosh
We command that you personally appear before the Judge of the Circuit Court of Winnebago County,
at the Court House, in the City of Oshkosh, in said County on the 11 t h
day of
April
A.D. 19 88 I at
1:20
o'clock in the
after noon,
then and there to give evidence in a certain cause to be tried between_
CITY OF OSHKOSH
plaintiff
and
ROBERT H. ROTHENBACK
defendant,
on the part of the
CITY OF OSHKOSH
Hereof fail not under penalty of the law.
Witness, the Hon. William E. Crane, Judge of Circuit Court
of Winnebago County, State of Wisconsin, at Oshkosh, this
29TH
day of March
19 -.lliL
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. CITY HALL
215 Chu'ch A'/enue
P.O Box 1130
Oshkosh. IN;SCQ:lSln
54902-' 130
City of Oshkosh
~
OJHKOJH
April 14, 1988
ON THE WATER
Mr. Robert H. Rothenback
3880 Omro Road
Oshkosh, Wisconsin 54904
RE: Violation of the City of Oshkosh Zoning Ordinance
1800 Harrison Street, Oshkosh
Dear Mr. Rothenback:
On February 15, 1988 a citation was issued to you relative to the
violation of Section 30-27(B) of the City of Oshkosh Zoning Ordinance
for the creation and operation of a salvage/junk yard without a
conditional use permit. On April 11, 1988, the Court convicted you
of the above referenced violation. However, the conviction does not
relieve you of your responsibility to comply with the City of Oshkosh
Zoning Ordinance.
Unless compliance is achieved immediately, a citation for multiple
day violations will be issued. Each days violation is a separate
and distinct offense.
If you have any questions, please feel free to contact me at 236-5059.
Sincerely,
CITY OF OSHKOSH
BAR/dpm
-""I \ -"'',,:..-''''
CITATION REQUEST
NAME ROBERT A. ROTHENBACK/1800 HARRISON STREET
Violation on the northeast corner of Murdock Ave. and Harrison Street
PROBLEM/VIOLATION of Section 30-27 Heavy Industrial District which reauires a
conditional use permit for any type of salvaqe/iunk yard which is defined as
outside storage of two or more unregistered vehicles. This location contains
approximately 35t vehicles.
BRIEF HISTORY/REVIEW Violation/Correction Notice - 10/29/87. After receipt
George from Buy Gosh Motors called and was uncooperative and indicated no
intent to begin compliance by applying for a conditional use permit. Final
Violation/Correction Notice - 12/9/87. On 12/17/87 George from Buy Gosh Motors
called again. He informed me that he felt that no violations exists. I asked
him to give evidence of current reqistration and licensinQ, he refused. He also
indicated he has no interest in applying for a conditional use permit. He has
no interest in working with us.
(See attachment)
, .
CITATION REQUESTED BY~~ ~~~
~ft7Ao
4..
**********************************************************************************
CITATION APPROVAL ~
DIVISION SUPERVISOR
DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE
CITY MANAGER
DATE
- ~p
A citation was issued on 2/15/88 for a court review on 3/16/88 at which time
Rothenback entered a plea of not guilty. A trial date was set for 4/11/88.
On 4/11/88 the court found Rothenback guilty of the above referenced violation
with Rothenback paying the stipulation on the same day. On 4/15/88 Rothenback
received a letter from me informing him that payment of the stipulation for being
found guilty does not relieve him of the responsibility to comply with the Zoning
Ordinance. On 4/19/88 Rothenback called at which time I asked him for a time
schedule for compliance. No such schedule has been received as of 5/27/88.
On-site on 5/26/88 indicated that little or no progress has been made relative to
complying with the Zoning Ordinance.
, .
Ctf,y OF os~~o$H:wisHb'N;gi~':~' ,
UNIFORM MUNICIPAL CITAtiON &~()IIIi~L~I"'T
'LOCATED' A tPIJBi.:i~'SAFEry BlJlrbINc:r,;:;,~;"",'
" , :' "<-vfl,,
ARREST
NO.----
AGENCY RECORD
FINO\NGS:
D GUILTY ..:>(I'\OT GUILTY
o NOT GUILTY I ~UIL TY
o NO CONTEST
PLEA:
SENTENCE:
$-
+COSTS AND/OR
_ DAYS JAIL AND/OR
-:'DAYS IN JAIL FOR FAILURE TO PAY:
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DATE AND TIME OF INCIDENT REPORT
2--/.5.-- S'&" 2~/S.;rt
._~~:-.-------'
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PLAN COMMISSION MINUTES
PAGE FIVE
SEPTEMBER 12, 1988
4) The developer be responsible for all capital improvement costs incurred by this
development.
5) A covenant be placed on the final plat relative to Storm Drainage and Grading
Plan, to read: Pursuant to Section 30-69(H) of the City of Oshkosh Subdivision
Ordinance, upon final grading, the developer and/or owner shall comply with the
approved storm drainage and grading plan as submitted to the Dept. of Public
Works.
6) That the preliminary plat meet all requirements of Section 30-69 Design Standards
of the City of Oshkosh Subdivision Ordinance.
7) Prior to final plat approval, a.15 ft. easement between Lots 15 and 16 be granted
to the City for purposes of maintaining an existing storm sewer.
Seconded by Adams. Motion carried 9-0.
Mr. Sperling stated he lives in the middle of this area and he does not want his
property to depreciate in value either.
VII. CONDITIONAL USE PERMIT - Tony Combs of Tony's Auto Body
This item was withdrawn.
~ CONDITIONAL USE PERMIT - Robert H. Rothenbach
Mr. Blassingame explained the applicant is requesting the Plan Commission to review
and approve a conditional use permit for a junk yard for the property generally
located at 1800 Harrison Street with an M-3 Heavy Industrial zoning designation.
Mr. Bl"assingame indicated that Mr. Gehling had passed along some comments on
this item prior to the meeting that he had received two complaints from citizens in
regard to the condition of this property.
Mr. Kinney stated action should be taken to bring this property into compliance.
Attorney Ed Salszieder came forward to represent Robert Rothenbach and George Peterman
of Buy-George Auto Sales. He gave a brief history of the property relative to the
court case and stated even though the vehicles are "unregistered" they are all
IIlogged inll which is normal practice in the used car vehicle business. This business
is appropriate for M-3 zoning. His clients feel that fencing would be too expensive,
it would obscure the vision of traffic and there are no other fences in the immediate
area.
Mr. Peterman stated at a hearing in 1986 Judge Hawley ruled that this business is
not out of compliance with the Code.
Discussion ensued on limiting the use of possible future uses if the pr~rty was sold.
Motion by Fonstad to move approval of the conditional use permit for a junk yard
with the following conditions: .
1) That a 5 ft. setback for all vehicles and equipment around the entire property
be utilized for fencing and landscaping. A 6 ft. fence shall be provided for
screening with said fence being similar to or comparable to that which exists at
the Mercury Marine plant site at the southeast corner of Marion Road and Wisconsin
Street and that fencing be installed within eight (8) months.
-'!-.:P
PLAN COMMISSION MINUTES
PAGE SIX
SEPTEMBER 12, 1988
2) That a 10 ft. vision clearance triangle be kept clear of all vehicles, equipment,
fencing and planting and maintained at the intersection of Harrison Street and
Murdock Avenue.
3) That no stacking of automobiles be permitted.
4) "Junk yard" is limited to storage of automobiles in transit, associated equipment
and parts.
IX.
ACCEPT EASEMENT - Wittman Field
This item was withdrawn.
X.
OFFICIAL MAP CORRECTION
The City Admininstration requests that a portion of W. 20th Avenue as shown on the
official map be corrected.
Mr. Kinney explained the correction and stated this would be a change on paper only
- nothing is being changed on the road itself.
Motion by Hernke to move approval of the official map correction as shown on the
map. Seconded by Biendarra. Motion carried 9-0.
XI.
U.S.H. 41 FRONTAGE ROAD TRAFFIC STUDY
Mr. Kinney explained City Administration is requesting the Plan Commission to review
and approve the U.S.H. 41 Frontage Road Traffic Study, which sets forth recommendations
for the upgrading and improvements of the corridor roadway system along U.S.H. 41.
The study was prepared by the consulting firm of Howard, Needles, Tannen and Bergendoff
(HNTB), as part of an overall planning process which involved a special task force
comprised of business representatives from the Highway 41 area, a State of Wisconsin
Dept. of Transportation official and City staff.
Mr. Jerry Konrad, Director of the Dept. of Public Works, explained that part of the
plan includes the relocation of the 20th Avenue and frontage road intersection.
They are hoping to do this in 1989.
Discussion ensued on the projects included in the improvement plan.
The railroad right-of-way along the frontage road was also discussed. Mr. Konrad
explained the state wants to relinquish the right-of-way but it is leased to Central
Railroad and the process is very difficult.
Motion by Fonstad to move approval of the U.SH. 41 Frontage Road Traffic Study.
Seconded by Schwalenberg. Motion carried 9-0.
There being no further business, the meeting adjourned.
Respectfully submitted,
OSHKOSH
\,
(;::z3)~ c
~otin C. Bluemke
rincipal Planner
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CITY HALL
215 Church Avenue
P O. Box 1130
Oshkosh. Wisconsin
54902-1130
414-236-5115
~
OJHKOJH
ON THE WATER
City of Oshkosh
February 6, 1989
Attorney Edward J. Salzseider
Nitkowski and Salzsieder
1677 Oregon St.
Oshkosh) WI 54901-4983
Re: City of Oshkosh v. Rothenback
Case 88 FO 1421
Dear Sir:
I have reviewed your letter of February 2) 1989, with Bruce Roskum
who advises me that, to date) none of the conditions set forth in the
September 15, 1988, conditional use permit have been met -- not even
the simplest one to maintain the requisite vision triangle.
Therefore, your offer of settlement is inappropriate. This matter
has been pending for well over a year) and you report a decision is
going to be made whether to license the property as a wholesale used
car place of business or as a satellite sales location for Buy George
Auto Sales. This type of delay is what has placed the parties at
logger-heads - making it extremely difficult for the attorneys to
resolve.
Unless you can point to some mitigating factors, I stand by my offer
of settlement and enclose a proposed Stipulation and Order to that
effect. If this cannot be resolved, we ought to schedule a hearing
on the City's motion for summary judgment.
Yours truly)
CITY OF OSHKOSH
Warren P. Kraft
Asst. City Attorney
Roskum
. ~.~.r
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CITY HALL
215 Church Avenue
P.O Box 1130
Oshkosh. Wisconsin
54902-1130
414-2.3(1-5115
.~
OJHKOJH
ON THE WATER
City of Oshkosh
RECEIVED
FEB 2 11989
DEPARTMENT OF
COMMUNITY DEVELOPMENT
February 20, 1989
Attorney Edward J. Salzseider
1677 Oregon St.
Oshkosh, WI 54901-4983
Re: City of Oshkosh vs. Rothenbach
Case No. 88 FO 1421
Dear Sir:
At your request of February 10, 1989, I asked Bruce Roskum to verify
that the vision sight triangle was cleared of vehicles. He reported
to me last that it was not as the portion of a copper colored Mustang en-
croached. Further, he stated that portions of five cars and one truck
encroached in the Harrison Street right of way.
For your information the vision triangle extends ten feet in either
direction from the intersecting points of the streets' rights of way.
The Harrison Street right of way terminates about 12 feet inward from
the curb. The Murdock right of way terminates about six feet from the
curb.
I view this as a side issue to the real matter of resolving the above
litigation whether by stipulation or hearing. If settlement is not
reached by March 1, 1989, I shall seek a Court hearing on my motion
for su~mary judgment.
Yours truly,
C~TY OF OSHKO~~
arren P. Kraft
Asst. City Attorney
pwk Y/
~ Bruce Roskum
cc
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vf
NITKOWSKI AND SALZSIEDER
ATTORNEYS AND COUNSELORS AT LAW
i e77 OREGON STREET
OSHKOSH. WISCONSIN 54901.4983
DAVID P. NITKOWSKI
PHONE 1.,.' 231.2300
EDWARD J. SALZSEIDER
PHONE c.- ,., 231.2388
RE:
City of Oshkosh
Rothenbach.
Case No. 88-FO-l~21.
RECEIVED
FEa 0 '.
.> 1.989
CI'f'y ~TTO
o h iJll'{ey'C'I
J:''PICe Q
vs.
Februarid 2, 1989
Mr. Warren P. Kraft
Assistant Citid Attorneid
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 5~902-1130
Dear t'1r. Kraft:
We received idour correspondence dated 1/26/89. It has been sent
to Mr. Rothenbach, as well as a copy to Mr. George Peterman.
As I understood, a decision was going to be made to either
license the propertid as a wholesale used car place of business,
or a alternate, or satellite, sales location for Bid George Auto
Sales.
It is mid hopeful expectation that then,
proper lid zoned for that tidpe of operation,
paid, and that an authorized, legal,
business is being then operated on the
appease the powers at Citid Hall, and the
can hopefullid move on and.go 'about dailid
make money, earn a profit and paid taxes.
since the premises are
real estate taxes are
legitimate and actual
premises, that would
small business owners
activities, hoping to
As to idour proposal for extracting a "pound of flesh",
a compromised and reduced amount of fine of $200.00
appropriate.
I thought
would be
A COPid of this is being sent to mid clients for their review, and
to advise me as to which waid they are gOlng. (i.e. wholesale car
place of business or a licensed used car lot). (I think this
will satisfid t'1r. Bruce Roskum - please check with him.
~oecC)ullY yours,
~J. SAL2S1EDER
EJS:das
pc: Mr. Robert Rothenbach
Mr. George Peterman
,-, "Jd. ,>
(lA/I? /< 200
7rrJtv FiPk / ~{)i/!J
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J A.~;J h{jJ<~J
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J~l,_:i1r;,-~~
v
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CITY HALL
215 Church Avenue
POBox 1 1 30
Oshkosh. WisconSin
54902-1130
414-2'3C-fJ'i 1 'j
~
OJHKOJH
ON THE WATER
~ .,p~~
City of Oshkosh
RECEIVED
NOV 21988
DEPARTMENT OF
COMMUNITY DEVELOPMENT
November 1, 1988
Atty. Edward J. Salzseider
Nitkowski and Salzseider
1677 Oregon Street
Oshkosh, WI 54901
Re: City of Oshkosh vs. Rothenbach
Case No. 88 FO 1421
Dear Sir:
The above matter, scheduled for jury trial on August 25, was adjourned
by stipulation allowing your client to seek a conditional use permit
which authorizes a Iljunk yardll. The Council approved the permit;
see the attached resolution.
In our telephone conversation, I told you the City would still seek
substantial forfeitures, notwithstanding permit approval, because
of the unreasonable length of time the illegal use continued even
after the April II, 1988, conviction for a one-day violation. That
remains my intention.
The above matter deals with the period from October 29, 1987,
through June 9, 1988, or 224 days. The "bond" schedule is $85.50
per day. Hence, if Judge Carver rules favorably on the City's
pending motion for summary judgment, the Court could levy a mini-
mum of $19,152.00 plus $14.00 Sheriff service fees. However, the
City, in an effort to compromise this lawsuit, will settle for a
forfeiture of $4,959.00 (58 days) plus $14.00 fees. In addition,
I would propose as part of any stipulation that Mr. Rothenbach comply
with the conditions of the permit or that all vehicles be removed I
from the site on or before May 15, 1989, the eight months identified
in the attached resolution~ Failing that, the City would be permitted
'-",
Atty. Edward J. Sa1zseider: 11/1/88: P. 2
Re: City of Oshkosh vs. Rothenbach
to reopen the instant litigation and to obtain on affidavit immediate
entry of judgment for the remaining forfeiture of $14,193.00. Payment
must be made within 60 days of each entry of judgment, the alternative
being 58 days in jail if the $4,959.00 is unpaid and 166 days in jail if
the $14,193.00 is unpaid.
Please review this matter and advise as is appropriate.
Yours truly,
CITY OF OSHKOSH
Warren P. Kraft
Asst. City Attorney
wpk: 1 z
~ Bruce Roskum (w/o encl.)
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MAY 111989
DEPARTMENT OF
COMMUNITY DEVELOPME~jT
NITKOWSKI AND SALZSIEDER
ATTORNEYS AND COUNSEL.ORS AT L.AW
1 677 OREGON STREET
OSHKOSH, WISCONSIN 54901-4983
May 10, 1989
EDWARD J, SALZSEIDER
R ECEj'~":':~"
MAy}"
:. 7""n.
"""f')
CIX''F J1X'ro -"./u']
OPPlC~t'8
DAVID P. NITKOWSKI
PHONE (414) 231-2300
Mr. Warren P. Kraft
Asst. City Attorney
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 5~902-1130
RE: City or Oshkosh vs.
Robert H. Rothenbach.
Case No. 88-FO-l~21.
Dear Mr. Kraft:
Enclosed please find copy of License Certificate for sub-lot at
1800 Harrison Street, that Mr. Peterman dropped off at our
office.
If you have any questions, or need clarification, please give me
a call.
Also, I need to have a copy of the Stipulation and Judge's Order
returned to me so that Mr. Rothenbach knows when to make that
payment.
Thank you.
Respectfully yours,
~J. SALZSIEDER
EJS:das
Ene. ( 1 )
pc: Robert H. Rothenbach
George R. Peterman
~~~.
(;
STATE OF WISCONSIN
CIRCUIT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH,
Plaintiff,
STIPULATION AND
ROBERT H. ROTHENBACH,
Case No. 88 FO 4., CEIVED
lirlA)! J ,~),
. 70,<)
. . Cltp- .A:2 . ~'J(;,..
. 'TO.
O]:'J:rr. iJlJyer-~
IT IS HEREBY STIPULATED by and between the parties that upon-~~ndant's
Defendant.
vs.
change of plea to "no contest" which is hereby entered by Robert H. Rothenbach.
the Court may enter the Order hereinafter set forth to resolve the above entitled
matter.
Dated th is dId
o R D E R
Based on the foregoing stipulation, the Defendant's change of plea to
"no contestll and records herein,
IT IS HEREBY ORDERED:
1. The Defendant, Robert H. Rothenbach, is convicted of noncompliance
with the City of Oshkosh municipal code, storage of two or more unregistered
vehicles without a conditional use permit, violating Section 30-27(B) of the
Oshkosh Municipal Code, 16 days from October 29, 1987 to November 13, 1987,
inclusive.
2. The Defendant shall forfeit $952.00 plus $26.00 court costs and
$14.00 service fee. for a total of $992.00 on or before thirty (30) days from
the date of entry of this Order or in lieu of payment shall serve three (3)
days in the County Jail.
3. The remaining violations, from November 1~, 1987, to June
9, 1988, inclusive, shall be dismissed without prejudice which
ma~ be reissued in the event or Derendant's noncompliance with a
certain conditional use permit approved September 15, 1988, b~
the Oshkosh Common Council, or completion of licensing of the
premises as a wholesale car lot, or as a satellite location ror
sales in conjunction with use or B~ George Auto Sales, 2615 Bowen
Street, Oshkosh, Wisconsin, as discussed and agreed upon between
the