A special zoning exception for the petting zoo at Anello’s Torch Lite was tabled by the Plan Commission on Wednesday amid questions about federal rules that couldn’t be immediately answered due to the government shutdown.
The commission seemed inclined to grant the special exception, with the proviso that the petting zoo maintain a license granted by the U.S. Department of Agriculture and conform to USDA regulations.
However, commissioners were skittish about granting the approval without knowing what those regulations are.
A commissioner’s attempt to consult the USDA website during the meeting found it, like USDA offices, closed down.
The USDA was expected to make its final inspection of the petting zoo Wednesday, which would have been the last step in licensing for the petting zoo, but that inspection never happened because of the government shutdown.
Nearly a dozen supporters of the petting zoo spoke on its behalf at a public hearing Wednesday before the Plan Commission, asking that the zoo be allowed to continue operating as it has been, saying it has been an asset to the community and a tourist attraction for the city.
Owner Rita Mondus said community members had taken it on themselves to start a petition that gathered some 600 names.
The restaurant at 1276 E. Green Bay St. was informed in August that its petting zoo, also known as Cuddly Acres, was in violation of the city’s zoning ordinance. Anello’s was ordered to downsize its petting zoo to within the limits set by the Plan Commission in April 2003. According to minutes of that meeting, commissioners limited the number of animals that could be displayed to eight.
A recent inventory counted 54 animals.
Mondus submitted a new application for a special exception to the zoning code, this time specifying up to 65 non-threatening animals.
City Attorney Tim Schmid said he was bothered by the “non-threatening” phrase, which he said was too vague.
Police Chief Ed Whealon said he was concerned by the number of animals, particularly in light of animals escaping from the zoo over the years.
“We’ve had animals on the road, running through the Walmart parking lot or on East Green Bay Street,” he said.
Whealon said the Police Department had no wish to shut the zoo down, but asked that the original restrictions imposed by the Plan Commission in 2003 be reinstated.
Mondus’ husband, John, said he has taken a number of steps to fortify the zoo’s security to ensure the animals can’t escape. Some of those measures were required by the USDA, he noted.
Several commissioners said they saw no point in limiting the zoo’s number of animals if state and federal guidelines are being met.
In addition to the USDA, a DNR license is required for animals native to Wisconsin.
“Why limit the number in the first place when you have the USDA and DNR as governing entity,” commissioner Dave Passehl said.
Mayor Lorna Marquardt, who chairs the commission, agreed.
“If the USDA approves it, I don’t care if Rita has 70 animals,” she said.
The zoo would still face possible citations over noise complaints and escaping animals under the city’s public nuisance ordinance.
Mondus said the USDA makes three to four spot inspections a year and would have the power to close the zoo.
There was a consensus among commissioners that USDA regulations would probably cover any concerns about the operation, but there was also agreement that the commission needed to know what those regulations are.
The matter was tabled until next month, in hopes those regulations can be found from some source despite the government shutdown.
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