Planning, Zoning & Land Records Committee


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

Others Present: Gurney, White, Haugen, Simmert, Turnquist, and McCumber

Chairman Wiese 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 as presented.
Motion carried.

Motion by Ashford, seconded by Sprecher to approve the minutes of the November 10, 2003 Committee meeting.
Motion carried.

Communications.

None

The Register of Deeds' voucher list was reviewed. Motion by Ashford, seconded by Sprecher to approve the payment of vouchers in the amount of $144.17. Motion carried.

The Mapping and Surveying Departments had nothing to report.

The first item for discussion was a resolution from Dane County supporting the organization of a multi-county regional planning commission. Mr. Gurney stated the appropriate action would be to address this subject at an intercounty planning committee meeting. Mr. Sprecher reported that the Sauk County Towns Association had voted it down as well as a negative response from the Intercounty Coordinating Committee. Mr. Gurney stated that professionals could get together and discuss regional issues without creating a new position.

Mr. Tim McCumber, Town of Merrimac Zoning Administrator, then appeared to review amendments to the Town of Merrimac Zoning Ordinance. The first item for discussion was a change in the definition of "family". Mr. McCumber stated that this new definition allowed for a non-traditional family. Mr. Cassity asked if the County needed to approve this as he was not in favor of the change. He stated the definition was lowering the standards and he questioned the need for a definition. Mr. McCumber said that the Town has had problems with what he termed were "party" houses and multi-family uses. Mr. Gurney stated that the town attorney had reviewed these definitions..

Additions to the definition section, "camping unit", "fixture" and "mechanical" were briefly reviewed. Mr. McCumber stated that these additions were made to give the town more flexibility.

The Town also added a parks dedication fee to be used for the improvement of new and existing parks. Mr. McCumber briefly reviewed amendments to the non-conforming uses and park dedication sections.

Planned area developments and surety bonds were discussed. The Committee suggested that the town consider keeping a bond for a period of one year after the improvements were completed to insure that the improvements were done correctly. Mr. McCumber stated that would be taken into consideration. Motion by Ashford, seconded by Sprecher to approve the amendments to the Town of Merrimac Zoning Regulations. Motion carried, 5-0

Chairman Weise called the public hearing to order at 9:40 A.M.

Mr. Weise explained the hearing procedures and introduced the Committee.

The petition to be heard today was Petition # 26-2003 - A petition to rezone certain lands in the Town of Greenfield, Sauk County, Wisconsin, from a Resource Conservancy 35 zoning district to an Resource Conservancy 5 zoning district by Carl and Grace Schellenberger, E12506 Man Mound Road, Baraboo, WI 53913. The purpose of the request is to create a new lot for the construction of a single family residence and a second lot which will include an existing single family residence and an abandoned residence. The parcel of land affected by the rezone is located in Section 29, T12N, R7E in the Town of Greenfield.

Mr. Brian Simmert, Planning and Zoning Office staff, appeared and gave a brief history of the proposal. He explained that the City of Baraboo also has review authority. He gave the staff recommendation of approval. The proposal is within the town development plan guidelines.

Ms. Ashford asked if the two lots would remain under the same ownership. Mr. Simmert stated that the town had stipulated that the property cannot be further divided. Mr. Wiese asked about the driveway and was informed that the existing driveway would be used. ET areas were discussed and how they vary on jurisdiction.

Mr. Gurney explained when you have two residences on one lot they are both considered nonconforming. If one house burned down it could not be replaced.

Ms. Grace Schellenberger, owner, registered in favor, but did not wish to speak.

Mr. Carl Schellenberger, petitioner, explained the reasons for this request.

Mr. Terry Turnquist, Greenfield Town Chairman, appeared in favor of the proposal. Basically, they have worked with the owners and staff for at least a year and the problem is that when the town was rezoned, some lots contained more than one residence. There are probably 12 or more other lots that are in the same situation and need to be brought into compliance.

Seeing no one else wished to speak, the Chairman closed the public portion of the hearing at 10:00 A.M.

Motion by Ashford, seconded by Cassity to rezone the property as requested. Motion carried.

The Committee then convened back in regular session.

Discussion followed on amendment to Chapter 9 Floodplain Zoning Ordinance regarding dam failure analyses. Dam breach analyses were reviewed. Mr. Cassity thought that Land Conservation personnel should be at meeting to share their knowledge. Mr. Gurney stated that LCD personnel would be attending the County Board session. Motion by Ashford, seconded by Sprecher to approve petition #21-2003 to amend the Sauk County Floodplain Zoning Ordinance, Chapter 9. Motion carried.

The Committee then reviewed Petition 25-2003 to amend Chapter 9 Floodplain Zoning Ordinance to include standard ordinance language relative to recognizing all DNR and FEMA approved flood related maps, profiles and tables and to automatically recognize as official maps profiles and tables in the Sauk County Floodplain Zoning Ordinance any changes as approved the DNR and/or FEMA. Motion by Sprecher, seconded by Lehman to approve the ordinances as presented. Motion carried.

Reducing setbacks in the RC-5 and RC-35 was discussed. Mr. Gurney stated that the Town of Excelsior was in opposition. The Town of Greenfield Plan Commission could see no reason to change setbacks at this time. In an informal discussion with the Town of Baraboo it was determined that they were not in favor of these changes at this time. The consensus of the Committee was not to pursue it at this time.

The next item for discussion was the Town of LaValle resolution regarding regulation of domestic animals. The town board wants the number reduced. Mr. Gurney explained that this should be a petition for ordinance amendment. Mr. Sprecher asked if the town could restrict the number on their own. Mr. Gurney stated that they could, but they wanted the County to take the action. Mr. Lehman clarified that this is in the residential district only. Mr. Gurney stated that kennels are allowed in agricultural zoning with Board of Adjustment approval. Animal units were discussed. Mr. Lehman felt the towns should adopt an ordinance, but Mr. Wiese stated that the towns don't know how to enforce it. It was the consensus of the Committee that this should be handled by the county instead of on a town level.

The Committee then reviewed the voucher list for the Planning and Zoning Office. Motion by Lehman, seconded by Cassity to approve the vouchers as presented. Motion carried.

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

Respectfully submitted,

Judy Ashford, Secretary