Proposed winery leaves a sour taste with some
By Ginna Young
It seemed like a cut-and-dried meeting at the start of the Board of Zoning Appeals March 22, but the Cornell City Council Chambers played host to what became a controversial night. The board met to discuss issuing a Conditional Use Permit applied for by Dan Osborn, for his property at 921 South Eighth Street.
Osborn would like to operate a winery on his property, and is proposing to commercially manufacture and bottle alcoholic beverages, by producing and blending small-batch, handcrafted, homemade fruit wine in the basement of the residential building. Osborn would like to have the first floor of the residence used as a holding/tasting area for the cased wine, with the adjoining pole shed as an outside storage building/tasting/retail room.
The barn on the property would be utilized for wood and log furniture manufacture, until such time as the building is renovated into an event barn for the wine business. Osborn operates under the name of the Wisconsin Veteran Farm, LLC, which was established in 2018.
The hobby winery came about after his neighbor turned the equipment over to Osborn, which grew with interest from those who came to see the beverage made.
“It wasn’t something I wanted to do,” said Osborn. “It just turned out that way.”
Because Osborn is in an agriculturally zoned area, he needs to follow criteria for a permit, based on city ordinance. That criteria states that a permit can be issued or denied, if the proposed use is similar to other uses in the area; whether the proposed project is consistent with any officially adopted City of Cornell plan; would not adversely affect other property in the area; creates noise, odor or dust; provides safe vehicular and pedestrian access; and impacts traffic flow adversely, to name a few stipulations.
“We want…this done right, so it’s all legal and so he can make a successful business out of it,” said Floyd Hickethier, chair of the Board of Zoning Appeals.
Osborn says he would like to get the winery back on track to open this summer, as he has had multiple delays and thought he had everything in order. The wine is made from donated fruit, while volunteers help process the brew and transplanted the vineyard on the property.
“Everybody has an invested use in the winery,” said Osborn. “The majority of the wine we did produce on these test phases, was all given back to the individuals. It’s not about money, it’s about getting the community together, donating our money toward the American Legion and VFW, and other charitable causes within the Cornell community.”
Osborn says he would like to bring more revenue to Cornell, and draw in people, instead of losing them to bigger towns.
Lyle Adrian, Board of Zoning Appeals member, said his biggest concern was fire department accessibility, but mentioned that he scouted out the property ahead of the meeting and found that emergency personnel could enter with ease.
“I was very impressed with that,” said Adrian.
If the permit is awarded, Cornell Fire Chief Denny Klass wanted to clarify that the business would be subject to two fire inspections each year, as per normal with any city business. As for the length of the permit, that depends on the board, as they could review it annually, unless violations occur, at which time, the decision could be made to revoke the licensing.
“And who is going to police these proposals?” asked Klass.
City administrator Dave DeJongh said that the Cornell Police Department would do most of the enforcement.
DeJongh also said that, to him, the permit seems like a two-fold thing, as Osborn is requesting to bottle and manufacture. That falls to the state to license and permit, with the Alcohol, Tobacco and Firearms Division taking care of that aspect.
“For the selling of the wine on the premises, that would fall under the city licensing,” said DeJongh.
In addition, because the bottling of wine is considered food processing, the Department of Agriculture would also have to inspect the premises to make sure everything meets their standards.
Currently, Osborn says the basement area in his home can produce roughly 800 gallons of wine at a time, with the main floor as an open concept for a tasting area, while one of the bedrooms would act as a storage area. The north side of the house will be the entryway/ exit, with a deck and overhang area.
Therefore, there would be three access doors, with two fire hydrants nearby on the west side of the road. DeJongh questioned what would be termed as an area of consumption for wine – just the tasting room or the outside premises?
Osborn said that is what he needs guidance on. For now, his plan is to distribute the wine to local bars and stores for purchase, and eventually, he wants to have a retail store on the property “Where is your waste going to go?” asked Hickethier.
According to Osborn, the waste on the property is mostly fed to the chickens on the premises and he wants to make wine jelly with “what is left over” from the operation. Osborn admitted he is not sure on what the hours of operations would be, as many things factor in, such as harvest time.
He figures that the winery would be open three or four days a week, but says he would like to get weekend traffic, as well as tours from the ATV and snowmobile clubs.
“I’d like to have a standard business,” said Osborn.
However, as of now, all his help has been on a volunteer basis and if he needs to hire employees, then the business becomes a whole different ballgame. DeJongh says Osborn has to be specific with the wording of “manufacturing.”
“You’re handcuffing us a bit,” said De- Jongh.
DeJongh said an event barn leads to more traffic and regulations, but although Osborn’s application says he would manufacture wood furniture, Osborn says he will only make small wood signs, with a clever saying on them.
Osborn’s main goal is to bottle the wine before it goes bad, get the product in stores and get revenue in, to upgrade the facility for a wine retail business.
“I really wasn’t planning to open the doors to the public for a while, because it’s not convenient the way it’s established right now,” he said.
For his way of thinking, DeJongh says it makes sense to pull back on the application and only ask for the wine making part of the permit. Osborn said he did not want to take the time to wait for another meeting and waste taxpayers’ money, but said it might be the only option for now.
Adrian said Osborn needs two separate permits and could apply for the manufacture permit later on.
“There’s no way we can approve both of them at the same time,” said Adrian.
DeJongh said the board could approve it that way, but they need to be able to answer questions from neighbors about any potential hours or noise.
Board of Zoning Appeals member John Smith said he understands that Osborn wants to get everything done in one quick shot, but also thinks he needs to scale back the permit, and later on, as he grows the business, can apply for the other things.
“There are too many things here,” said Smith of the current application.
Matt Boulding, assistant fire chief, says the department also needs to know how much wine can be stored at one time, among other factors, which will require multiple inspections from various agencies.
“I’ve got a lot of concerns with this,” said Cornell Police Chief Brian Hurt.
Hurt said the police department has had numerous contacts at Osborn’s property and feels that while things look simple in theory, a business at the residence could be detrimental. Hurt, referencing last year’s Mud Fest, pointed out that the fire department and ambulance service was turned away when a call came through dispatch that someone was injured at the event, and is concerned law enforcement will not have access to the property if a business is established.
DeJongh said if the winery is licensed, law enforcement does not need a warrant to be on the property. Klass also questioned if the fire department would be allowed in during an emergency and said the firefighters were treated rudely at Mud Fest.
Klass says he was shoved by one individual, there was a lot of profanity and that he felt threatened, withdrawing his crew.
“I don’t need to be treated like that,” said Klass, adding that he respects Osborn as a fellow veteran. “As of this point, I will not enter those premises, unless we have the sheriff’s department and our own law enforcement.”
Osborn says he commends the rescue personnel for their quick response and that he has tried to make things right after last year.
“I’m deeply sorry if I offended anyone,” said Osborn.
Darin Hoel, security at Mud Fest, says many did not know what was going on the night the incident happened, including Osborn, who was on a different part of the premises. After a lady refused treatment when she was grazed by a truck backing up, Hoel said people did notify dispatch immediately that treatment was not needed.
“The fact of the matter is, it happened and…we were denied access as emergency responders for this community,” said Hurt.
Hurt also expressed concerns that Osborn has livestock loose on the property where the winery is planned.
“To me, that’s a health concern for our community,” said Hurt. “I am here to protect the rights of this community and what’s going on.”
There were others who spoke in favor of Osborn operating a winery, such as Zachary Carothers, who wrote in an email to the board, that it would be a letdown if they stopped a business from coming in. Carothers wrote that Cornell needs more businesses in town, and that the veterans farm is a place for veterans to go and feel safe to talk openly about their experiences in the military.
Middle schoolers MacKenzie and Donovan Bera also let their voices be heard through an email to the board. The siblings stated that Osborn has helped sponsor many of the youth sporting events and teams, taught them how to raise and care for animals, as well as act responsibly and how to be independent.
To the Beras, the business is more than just a winery, and they said they want to see Osborn continue to mentor others and bring more business to the city.
I understand that we are just considered children, they wrote, but we still have an opinion. We have been taught that if we don’t speak up, then no one will hear us.
Special agents with the Alcohol & Tobacco Enforcement Office of Criminal Investigation pointed out that although past actions can sometimes speak against a person, if Osborn invests a lot of money, he has a lot to lose and the ball is in his court. If the winery is issued a permit from the state, it can be revoked if Osborn “messes up.”
The agents said a bunch of wine he can’t do anything with, is not in Osborn’s best interest. If a permit is issued by the city and Osborn has violations in his business, that can also be revoked.
“I don’t think people got anything against the winery,” said Hickethier. “We want it to be successful, run safe, run right.”
The board agreed another meeting is needed, and will gather Thursday, March 25, at 6 p.m., in the council chambers, to delve further into what permits are needed and if they will be approved.
