Committee Members Present: Weise, Ashford, Cassity, Lehman, Sprecher.
Others Present: Lance Gurney, Ted Brenson, Gina Templin, Brian Simmert, Aaron Hartman, Roger Ystad, Gene Hackbarth, Dan Crary and others.
Chairman Weise called the meeting to order at 9:00 a.m. And staff certified the meeting had been properly posted.
Motion by Cassity, seconded by Sprecher to adopt agenda as presented. Motion carried.
The committee then reviewed the minutes from the March 10, 2003 meeting. Motion by Sprecher, second by Ashford to adopt the minutes of the previous meeting as presented. Motion carried .
Communications:
Mr. Gurney spoke of a letter he received from the City of Reedsburg regarding the Shoreland Ordinance and the Krueger Printing property owned by James Krueger.
Cassity asked about the amendment stated within the ordinance for the Krueger property. Mr. Gurney explained and read from the State Statutes in relation to the proposed amendment.
Ashford asked if the Committee is required to approve their request. Mr. Gurney explained that the request is the same as any rezone request/ordinance amendment and that they can approve or deny.
The Committee continued to discuss.
Mr. Brenson then appeared and stated he received a letter in regards to the grant application he submitted and the county was successful and received a total of $91,322.00. The committee then discussed.
Departmental Updates:
The Register of Deeds Department had vouchers presented. Motion by Ashford, seconded by Sprecher, to approve the Register of Deeds vouchers in the amount of $1,846.33. Motion carried.
Mr. Brenson had no vouchers to present.
Mr. Gurney then discussed the Burgess property on Highway 12 and the status of his violations.
He also spoke of the Comprehensive Planning for the area communities and a request for proposals and the grant received for the 21 communities.
Cassity asked about the 5 or 6 contractors that will be pre-qualified and if they will be available for all communities and if they will be at a reduced rate or just highly qualified. Mr. Gurney explained.
Mr. Gurney then discussed an access easement for Roger Ystad and Dave Weigle and the request to approve a 33 foot easement rather than a 66 foot easement, and stated that the Town has given the approval of the easement. He also spoke of the history and age of the property and stated that the Planning and Zoning office was not opposed to requested easement.
Mr. Ystad stated that he had also met with Joe Costanza, Building Inspector for the Town of Greenfield, which Mr. Costanza wrote a letter to the Town to request approval.
The Committee discussed. Motion by Cassity, seconded by Ashford, to approve the request. Motion carried.
Mr. Gurney presented and discussed the vouchers for the Planning & Zoning Department. Motion by Ashford, seconded by Cassity to approve the "quick pay" vouchers (Friday checks) in the amount of $142,500.00. Motion carried. The Committee then discussed the regular monthly vouchers in the amount of $2,985.80. Motion by Sprecher, seconded by Lehman to approve the monthly vouchers. Motion carried.
Public Hearing:
Chairman Wiese called the public meeting to order at 9:45 a.m. The Committee introduced themselves and Chairman Weise reviewed the schedule for the public hearing portion of the meeting.
Gina Templin then read the public notice for the hearing.
Mr. Brian Simmert appeared and reviewed and discussed the staff report for the proposed rezoning.
Mr. Gene Hackbarth, applicant, appeared and stated that Harlan Schneider stated he did not receive notice of the hearing, but believes he did. He then referred to the map provided to the committee within the staff report. He stated that they will have a survey done and his son intends to purchase some property and build a home on it. The land is in the "transitional" area for the Town of Reedsburg within their Development Plan. He then spoke of the history of the property, easements and ownership and presented a copy of the recorded easement to the committee, as well as an aerial photo of the property.
Mr. Lehman asked about the Town of Reedsburg allowing 2 houses on this property. Mr. Hackbarth stated that was correct. Mr. Lehman stated that in his estimation the parcel of 0761 is an unbuildable piece of property. Mr. Hackbarth stated you could not build a house there because of setback requirements. Mr. Lehman stated that the Town says nothing about 0762 and amount of homes that can be placed. Mr. Hackbarth stated he made a mistake on the information sent by the town and 0762 is the one that is limited to 2 residential homes.
Lehman asked about the intent. Mr. Hackbarth stated that he will separate into 3 lots, but for the purpose of his son owning the property and not being able to afford the entire property. Mr. Lehman asked if the remaining land was to be deed restricted.
Ashord asked about the 3 other parcels shown and if there are residences on those properties. Mr. Hackbarth explained. Ashford verified that there will only be 2 septic systems on all the parcels referenced in this request. Mr. Hackbarth stated that is correct. There will never be more than 2 septics.
Mr. Cassity asked if there is a building on 0761. Mr. Hackbarth stated there is not. Mr. Cassity stated that if you can not build on that property then why do you want to rezone it? Mr. Hackbarth stated that is where his driveway goes. Mr. Cassity asked about 0760 and the zoning on that. Mr. Hackbarth stated that belongs to another owner and is in CRP land and the ET area for the City of Reedsburg will eventually extend all the way to County Highway S.
Mr. Hackbarth stated that as the Clerk, he will certify that 0761 is suppose to be 0762.
Chairman Weise stated that the committee can not state how many homes can be built on that property, however thay can decide whether or not to rezone that little parcel (0761).
Ms. Ashford stated that in the public notice, the rezoning is to allow for a 3 lot residential subdivision.
Ms. Linda Borleske, appearing in favor of the request, stated that she looked at the land and is good use for the land, and it is hard to farm and would be a good place for development. This will also help Gene keep his land in the family, as well as meeting the Town Development Plan.
Mr. Dan Crary, appearing as interest may appear, stated that he lives to the north and west of the property and is concerned about the original intent of the ordinances that were passed. He wants to know for the future what objective facts they have to prevent other land owners from doing the same.
Cassity asked what the exception to the ordinance he is questioning. Mr. Crary stated he is questioning the zoning ordinace and what the committee is basing their decision on that will allow or not allow the land around his home from being rezoned for development. Mr. Cassity stated that what ever the people want. "We the People"..., the committee represents the people, and those people will look at the request and either approve or deny. Mr. Crary asked what objective material you base your decision on. Mr. Cassity stated "a lot of good information". Ashord stated that first it would go through the Town Board and that would have an effect on our decision and each one will be judged on its own merit.
Lehman asked if Mr. Crary has a 35 lot. Mr. Crary stated he did not, however his house was built before the rules changed and there are several looking for the opportunity to split and develop their land. The Committee discussed.
Sprecher stated he agrees with Mr. Crary's concern and the Town Board has to make the decisions to allow or not to allow the development of land.
Mr. Gurney appeared and answered the question of how you make a decision on such request, such as the intent of the Town Plan and the Sauk County Farmland Preservation Plan for transition areas. He also stated that it is illegal to place a condition on a rezone and they can only consider whether to rezone from exclusive ag to general ag. He also spoke of the splitting of land.
Sprecher asked Mr. Gurney to explain if someone split the parcels that are now going to be rezoned to Exclusive Ag. Mr. Gurney explained that the property is limited to 3 lots on the property for 5 year, no matter who owns the property.
Ashford asked how Town Zoning would affect that. Mr. Gurney stated that the Towns do have approval authority of CSMs as well and they can deny it. He also explained that if the Town denied this request, the PZLR Committee could not be considering approval of the request.
Lehman asked if in the future this was divided into 6 lots, the existing driveway would not be suitable for 6 lots. Mr. Gurney stated the easement is a public easement, however he feels that an easement is not adequate to serve 4 or more lots in subdivision and should have a public town road to access that property. Lehman stated that visibility from that location is not good at all.
Mr. Hackbarth, reappearing, stated that the city development plan wants to carry the ET area up to Highway S, and once that is in ET, the county has no jurisdiction in that area. He stated that anything in the ET area could all be buildable. He also stated that Reedsburg will be starting their Comprehensive Plan, and has no intent of making that easement into a town road.
Mr. Lehman stated that if they rezone it to general ag, there is no way it can be controled that it will only be 3 lots. Mr. Hackbarth stated that his intent is to sell to his son and it is not his intent to sell/develop on the remaining part of the property. He stated that as long as he is alive there will never be a subdivision on his property.
Mr. Lehman and Mr. Hackbarth continued to discuss the "typo" in the letter on the parcel numbers and Mr. Hackbarth certifies as Clerk, that he made a mistake.
Seeing as no one else wished to speak, Chairman Weise closed the public portion of the hearing.
Motion by Sprecher, seconded by Ashord to rezone the property to General Ag. Motion to amend by Ashord that the actual minutes must be submitted to Planning & Zoning to certify that there was an error made in reference to the parcel numbers. Motion carried on Amendment. Motion carried on Rezone with Amendment to motion.
Ashord asked about the ET zones and annexing. Mr. Gurney explained.
The next meeting is scheduled for April 14, 2003. Motion to adjourn by Cassity, seconded by Sprecher. Motion carried.
Respectfully submitted: Judy Ashford, Secretary