At the January 18 Preston City Council meeting, attorney Thomas Manion pressed the city council to continue a 2011 cease and desist order as requested by his client Diane Ruud. Several concerned citizens were in attendance.
At a December 6, 2016 meeting, Dave Keene, owner of the property at 217 Preston St. SW, had requested that the cease and desist order be lifted due to improvements he has made. Keene has replaced the chimney on his garage and installed a certified wood-burning stove in the garage. He also noted that the wood he intended to burn has been seasoned appropriately.
Neighbor Diane Ruud at the December 6 meeting said the garage was very close to her property line and that the smoke from the burning wood was a nuisance. She cited the ordinance concerning nuisances that affect health, insisting she should have clean air in her own home.
The council approved a 30-day trial period at the December meeting, during which Keene could burn wood to heat his garage.
At today’s meeting, Manion maintained this is a zoning issue. Nuisance ordinances are designed more for things like weedy lawns and barking dogs. He argued that due to the fact that the wood-burning stove was in an accessory building, it constituted an outdoor wood burning unit. The use of the stove by Keene was detracting from his client’s free use and enjoyment of her property. Smoke in excessive amounts is harmful to health and impacts property value.
Manion maintained it does not comply with the setback requirement for an outdoor wood-burning furnace. He also argues that the chimney height should be equal to the height of the roofs of the residences due to the fact that Ruud’s house is within 100 feet of the chimney. He insisted it is a zoning violation.
Councilman David Collett insisted an outdoor wood-burning furnace is a free standing unit which pipes heat to a building which it is heating. Councilman Robert Maust told Manion that we have a different interpretation of the ordinance.
City Attorney Dwight Luhmann said he had discussed the issue with Manion, adding Manion’s reading of the ordinance was not unreasonable. However, Luhmann questioned Manion’s interpretation, asking if the smoke is on a continual basis, is it a primary heat source or a supplemental heat source? Can a property have two primary heat sources (the primary being in the house)?
Maust insisted we are talking about a wood stove located inside a garage and not a wood furnace which is a stand-alone unit.
Ruud said it was used very little during the trial period, after which she listed specific days she noticed it was being used. She stated the smoke was acrid on one of these days.
Keene reported that he started using it on December 14 and has been using it pretty much all the time. He maintained it is a wood-burning stove that produces little smoke and is not a wood-burning furnace.
Luhmann cited the ordinance regulating wood burning furnaces that was adopted in 2005. He said the garage is not the principal structure. He said the intent of the ordinance was to regulate an “outdoor wood-burning furnace” which would be outdoors. The ordinance distinguishes between outdoor wood-burning furnaces and indoor wood stoves and fireplaces. He admitted the definition language in the ordinance could have been clearer.
Council member Holly Zuck said she didn’t believe the wood-burning stove meets the criteria to be an outdoor furnace. Considerable changes and updates have been made since 2011. Maust added that Ruud has made no formal complaints during the trial period.
Several council members said they had driven by the property and on those occasions did not notice any smoke.
The council unanimously approved the extension of the stay on the cease and desist order until the February 21 city council meeting.
Other business in brief
• City Administrator Joe Hoffman reported that he is working with Smidt Companies out of Racine on a canopy design and quote for city hall. He will continue to work with them to get a design for the canopy.
Approval was given to seek quotes for the exterior insulation finishing system (EFIS) which will include work on the north wall of city hall and wrap around the west wall about four feet.
• The seals on the fountain in the pond near Highway 52 have failed. The fountain has been sent back to the manufacturer for repairs. The lights that were on the original fountain have also failed. Approval was given to replace them with LED lights. The staff will check with Preston Public Utilities to see if they will split the cost of the lights.
• Approval was given for a quarter page ad ($185) to be placed in the January 23 special section of the Fillmore County Journal which will be dedicated to the grand re-opening of the new B&B Olympic Bowl & Restaurant.