Planning, Zoning & Land Records Committee


DATE: May 27, 2003

Committee Members Present: Weise, Ashford, Cassity, Sprecher and Lehman.

Others Present: Lance Gurney, Mary White, Lowell Haugen, Brian Simmert, 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 Sprecher, seconded by Cassity to adopt the agenda with some changes in the order. Motion carried.

Motion by Cassity, seconded by Ashford to adopt the minutes of the May 12, 2003 meeting as presented. Motion carried.

Communications: None

Business Items: None

The first item to be discussed was the Sauk County Tower Siting Ordinance and possible amendments regarding setbacks. The Board of Adjustment hearing regarding a cell tower to be located in LaValle was discussed. Mr. Sprecher explained the Board of Adjustment variance procedure further explaining that a variance could not be approved if there was some other place available for the tower. In this case the other site available would require the tower to be higher.

The Board had to deny the variance request because there was another site they could use. The tower setback distances were discussed. The ordinance requires the setback to be five times the height. A setback of three times the height would be sufficient. Mr. Sprecher explained that the newer towers are constructed to collapse on themselves . Towers had originally not been desirable, that is why a distance of 5 times the height was adopted. Mr. Cassity felt a setback of two times the height would be sufficient. Mr. Gurney stated that one of the major problems was ice on the towers and there needed to be some form of protection to keep the towers away from residences. Mr. Cassity was concerned about specifying a number times the tower height. He felt that common sense could not be used that way. Mr. Gurney stated that a shorter distance could be supported due to changes in building techniques. Mr. Wiese asked if the Committee wanted to go to a public hearing regarding this proposal. Mr. Lehman strongly urged the Committee to go ahead with a hearing.

The next item was the final condo plat for Lakeview Estates in the Town of Merrimac. Mr. Gurney briefly reviewed the project to date. The by-laws and covenants were discussed and Mr. Gurney stated that the plat would not be signed until the final copy of the covenants was received. The project had common ownership of open areas, a community sanitary system and would be phased in in stages. The first stage would be 17 homes with an estimated total of 66. Motion by Cassity to approve with the stipulation that the owners provide an accurate copy of the covenants before it is signed. Mr. Sprecher seconded. Mr. Lehman questioned an 18 foot road for that many homes. Mr. Sprecher stated that the Committee doesn't have any jurisdiction as roads are left up to the towns. Motion carried.

The final plat of East Lake Virginia Estates which was proposed 3 years ago was then discussed. The last time the Committee reviewed the plat there were several contingencies on it. A drainage swale was needed in phase 3 to divert water from certain lots, the 2nd item was nitrates. The 3rd was to reshape a ditch going to the southwest from an outlot down towards lot 13 so that water does not pond. The last was to replace a damaged culvert. Mr. Gurney stated that the developers have met the above conditions. He also stated that the draft covenants look good, but will have to be put in a recordable form. Ownership of Outlot #1 was discussed. Each property owner should own a portion of the lot. Lots 48, 44, and 43 have water retention areas. Sanitary systems and tank maintenance was discussed. Motion by Cassity, seconded by Sprecher to approve the final plat of East Lake Virginia Estates with the contingency that all lot owners would also own a fraction of outlot #1. Motion carried.

Chairman Wiese then called the public hearing to order.

Committee members where introduced and the notice read.

The petition for public hearing was Petition # 12-2003 - A request to approve the Town of Franklin Comprehensive Plan in accordance with Wisconsin's Comprehensive Planning Legislation and more specifically defined in Section 66.1001 of the Wisconsin State Statutes. Following a public hearing held by the Town of Franklin Plan Commission on April 10, 2003, the Town Board did pass an Ordinance adopting the Town of Franklin Comprehensive Plan on May 21, 2003 at their regularly scheduled Town Board meeting.

Mr. Brian Simmert, Planning and Zoning Planner, gave a brief history of the plan. Mr. Cassity asked what a "whole farm" plan inventory was. This requires the land owner to look at the whole farm for additional ideal lots. He was refered to the appendices.

Mr. Richard Vogt appeared in favor. He is a member of the Town of Franklin Plan Commission. He gave a history of the land use plan in response to 20/20 and Smart Growth. The Town wanted to remain as a rural community. Mr. Vogt requested support for this plan and stated that this is a working document.

Mr. Joel Gaalswyk, a member of the Plan Commission, also appeared in favor. He stated that the Commission had an amazing ability to listen to each other. He also stressed the rural/farming community that exists in Franklin.

Mr. Joe Prem, representing the Town Board of Franklin. appeared in favor. He stated that the Town Board had unanimously approved the plan.

Seeing that no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 10:10 A.M.

Motion by Lehman, seconded by Ashford to approve the Town of Franklin Comprehensive Plan. Motion carried. Mr. Sprecher commended the Town Board and Planning Commission for a fine job in developing the plan.

The Committee reconvened into regular session.

Mr. Gurney stated that in the fall of 2001 staff worked on an amendment to the sign ordinance for fees. It was now thought that the fee applies to annual renewals with the year beginning July 1 and ends June 30. Mr. Gurney questioned what changes would normally be made on a billboard from year to year, therefore, it was felt annual renewals would not be necessary. The office intends to start issuing sign permits and will be working at getting existing signs into the system and making sure that they are properly maintained. This only applies in zoned townships.

The proposed ordinance amendments get rid of the annual renewal, includes maintenance and contains the clear ability to remove signs if they are a threat to public safety. Ms. Ashford questioned who would be enforcing the ordinance. Mr. Gurney stated that office staff would be used. The fact that this ordinance was not in effect in unzoned townships and fees were discussed. Mr. Gurney distributed a draft copy of the amendments and informed the Committee that this would go to public hearing in June along with the Tower Siting Ordinance.

Mr. Gurney proceeded with his monthly report. He distributed a copy of a memo to the County Board in response to statements made at the last Board meeting by Mr. Jeff Thieding regarding the department's involvement in a nonmetallic mining operation. There was some discussion on whether or not the Board should receive this additional information. Chairman Wiese, Ms. Ashford and Mr. Sprecher all felt it was necessary to explain the department's position.

The Committee then reviewed the Planning and Zoning Department's voucher list. Motion by Lehman, seconded by Ashford to approve the vouchers as presented. Motion carried.

Motion by Cassity, seconded by Ashford to adjourn. Motion carried.

Respectfully submitted: Judy Ashford, Secretary