At their January 15 meeting, the Plan Commission approved Resolution No. 2019-02, a Conditional Use Permit (CUP) for 902 West 8th Street after much discussion from the public. The CUP passed on a close 4-3 vote, after neighbors spoke out in concern.
Alderman Gordy Earll asked this item be pulled from the Consent Agenda at Tuesday’s Common Council meeting for further discussion, after new information was released about the applicant, Chad Breitzke. The CUP would allow Breitzke, who has a Federal Firearms License and Alcohol, Tobacco, Firearms (ATF) license, to sell firearms and ammunition out of his home on 8th Street – something which he previously had done at his former address on Arlington.
Police Chief Rick Gramza informed Council that the crimes for which Breitzke is being accused, but is not as of now convicted, are felonies.
“The charges on CCAP [Wisconsin Circuit Court] are three Felony I accounts of photos or videos depicting nudity. In essence, there was a camera set up in a bedroom when there was a different in-home business that was taking place there – for alterations or fittings. There was video set up in that room and capturing people without their knowledge,” Gramza explained when asked about the felonies. “Should he be convicted of these, he wouldn’t be able to possess firearms.”
City Attorney Wolfgram advised caution to the Council when discussing this issue.
“The issues that you are looking at in a Conditional Use are not in respect to an ATF license,” he said.
Alderman Hendler reiterated concerns from the Plan Commission meeting, stating,
“I just have a real difficult time with having weapons sold in a noncommercial area so to speak when we have all that rental space on main street. That’s why I voted ‘no’ on it.”
Mayor Bob McManus added, “None of this information was disclosed at that meeting…The planning commission needs to be given all of the facts.”
Earll reiterated the public outcry against the permit.
“There wasn’t one person that spoke in favor of this. It was 11 that were opposed,” he said. “The Plan Commission didn’t appear to consider that. I don’t think enough emphasis was put on the people’s feelings as to why they didn’t want it there. I think we should consider people in a particular neighborhood having a say in what’s going on in their neighborhood…Why wasn’t more consideration given to the people who live in the neighborhood that have to deal with this on a daily basis one way or another. I’m not for putting this on hold. I’d like to see the Commission decision overruled.”
“You are talking about a Conditional Use Permit. There are specific things you need to address,” added Wolfgram. “It’s not a popularity contest.”
“The criteria deals with how it is in the neighborhood setting,” explained Planning Director Josh Miller. “As long as there’s no harm to public interest, or infrastructure.”
“The state statutes state that there needs to be substantial evidence to deny that, more than just based on a feeling,” said Wolfgram. “We want to make sure we aren’t violating somebody’s constitutional right. If a felony is what he is convicted of, he will lose his ATF and he will lose the CUP. We have had some decisions made that were challenged in the circuit court.”
Essentially, if denied, Council would need to provide a reason that Breitzke would be able to address, according to Wolfgram.
Alderman Chris Jockheck asked if Council could pass an ordinance prohibiting the sale of firearms in a residential neighborhood.
Wolfgram cautioned against targeting one sales area, in this case firearms, without having good reason because that could open the City to liability.
“I feel as though our hands are tied legally,” said Alderman Tom Witzel. “I think we need to be very careful that we aren’t putting this community at risk by not approving something without having specific identified reasons.”
According to Gramza, if convicted of the felonies, Breitzke would have his license revoked by the ATF and be unable to sell firearms.
Motion carried 8-2, with Aldermen Hendler and Earll voting “nay”.
