Town Board divided over car dealer’s permit request

Despite some objections and unanswered questions, the Fredonia Town Board voted last week to schedule a public hearing on whether a used-car business should operate as a retail used-car dealer.

Since 2014, Rick Young has been selling cars wholesale to retail dealers from his property at N6575 Clover Valley Rd., which is zoned for agricultural uses, under a conditional-use permit granted by the town.

About a year ago, he wanted to start selling cars retail “and cut out the middle man,” Young told town officials.

At that time, Young applied for a license from the state that would allow him to sell cars retail. As a condition of that permit, he needed to be commercially zoned, which Town Clerk Bob Eichner mistakenly told him he was.

“What I failed to confirm was that Young’s CUP did not allow for retail sales, only wholesale,” Eichner wrote in a letter to the town Plan Commission.

Supposedly armed with the state license, Young began selling cars on a retail basis.

Now the question is whether a conditional-use permit should be granted that would allow Young to continue selling cars on a retail basis or whether he should once again only be allowed to sell cars at wholesale.

Young said there is no noticeable change in his operations, which includes only selling a handful of cars per month, not displaying vehicles in his yard and not servicing them after sales.

Supr. Chris Janik said that if no changes are noticeable, he sees no problem in approving Young’s request for a conditional-use permit.

“If the impact is not going to change, then there’s no reason to oppose it,” he said.

Town Attorney Ed Ritger, however, advised the town to deny Young’s request, saying since retail auto sales aren’t allowed in town ordinances as a conditional use, permitting it would render the zoning ordinance virtually unenforceable.

If the board decides to issue the permit, however, Ritger suggested that some changes in the ordinance be made. Those include:

• Reducing hours of operation from the current 6 a.m. to 8 p.m.

• More clearly define “family” in regards to who can be employees.

• Fees paid by applicants should specify  legal fees in addition to “administrative” fees the ordinance currently includes.

• Make it less difficult to prove a complaint. The ordinance currently requires “neighbors” to testify in a hearing to prove a complaint.

Supr. Jim Stemper, owner of D&D Auto in Little Kohler and a used-car salesman, asked Ritger about Young’s state license.

“Does he have a right to operate as a retailer in advance of a zoning change?” he asked.

Ritger said he did not know the answer to that question, but he would be in touch with the state to research that point. 

The board voted 3 to 1 to send the matter to public hearing, which is required for conditional-use permits. 

Town Chairman Lance Leider voted no. Supr. Jim Stemper abstained after Young and his attorney, John DeStefanis, complained that Stemper is a competitor of Young’s and therefore has a conflict of interest.

Voting yes were Janik, Rich Mueller and Mark Schubert.

The public hearing will be held at 7 p.m. on Wednesday, Nov. 13, prior to the Town Board meeting.