DATE: June 22, 2004
Committee Members Present: Ashford, Sprecher, Gaalswyk, Lehman, Wiese.
Others Present: Dave Tremble, Lowell Haugen, Mary White, Aaron Hartman and others.
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 Gaalswyk to adopt the agenda with the deletion of #3, Election of Officers.
Motion carried.
Motion by Sprecher, seconded by Ashford to approve the minutes of the June 8, 2004 Committee meeting.
Motion carried.
Communications: The Committee and Planning and Zoning Office had received numerous items of correspondence regarding a proposed campground in the Town of Dellona. Mr. Gaalswyk stated that he had also received numerous verbal communications regarding this project. He also stated that the Town of Franklin had expressed a desire to move forward on changes to the ordinance regarding splitting off small lots (clustering). Mr. Sprecher stated the County was waiting for the towns to complete their comprehensive plans and Mr. Tremble said this could possibly take a couple of years. The Committee requested that this subject be brought up at the next Committee meeting. Mr. Gaalswyk also said that adequate staff was needed.
Business items - none.
Approval of vouchers: The Committee reviewed the voucher list as submitted by the Mapping Department. Motion by Ashford, seconded by Sprecher to approve the vouchers in the amount of $37.20.
Motion carried.
Mr. Dave Tremble then appeared and gave a brief Planning and Zoning Department update. He informed the Committee that Brian Simmert would be on family leave for several weeks and that it would be August before the Department will be back to full staff.
The Committee then discussed Department of Commerce changes in the Uniform Dwelling Code law. Options available to local governments were reviewed.
Discussion followed regarding possible action on Petition #12-2004. Mr. Tremble reviewed previous actions taken by the Town of Dellona Board. A motion was made by Ms. Ashford to deny the request. Mr. Lehman seconded the motion to encourage discussion. Mr. Gaalswyk asked if the Committee could send it back for a second time. Mr. Tremble explained the choices that the Committee had to approve the petition, deny the petition or approve with modifications or postpone until a future date. Ms. Ashford stated that there was considerable opposition to the proposal. Property taxes had not been paid on the parcel and campgrounds were expensive to develop. The possibility of rezoning the property to make it more salable was discussed. Whether the property would still have to go to the Board of Adjustment was discussed. Mr. Sprecher said he didn't believe this was necessary. Mr. Wiese stated that generally the Committee followed town board action as far as approval or denial. Mr. Wiese stated that a lot of the letters that were received dealt with increasing the traffic in the area. He felt the traffic would increase anyway just due to the location being near the Delton developments. Mr. Gaalswyk felt that campers generally don't want to camp in a business district and he agreed with the motion to deny the petition. After further discussion the original motion to deny the request was called. Motion carried, 3-2, with Wiese and Sprecher in opposition.
The Vandewalle and Associates Highway 12 invoice was reviewed. Motion by Ashford, seconded by Lehman to approve payment in the amount of $6,449.47.
Motion carried.
The Committee then reviewed the voucher list for the Planning and Zoning Department. Motion by Sprecher, seconded by Gaalswyk to approve the vouchers in the amount of $5,380.52.
Motion carried.
Chairman Wiese called the public hearing to order at 9:40 A.M. The Committee was introduced and Mr. Wiese explained the order of the hearing.
The first petition to be heard was Petition # 13-2004 to rezone certain lands in the Town of Honey Creek, Sauk County, Wisconsin, from an Exclusive Agricultural zoning district to a Single Family Zoning District by Donald Zick, E8774 Zick Dr., North Freedom, WI 53951. The purpose of the request is to allow for the approval of a two-lot CSM for two additional building sites in the area known as Denzer. The land affected by the proposed rezone is located in Section 15, T10N, R5E in the Town of Honey Creek.
Mr. Aaron Hartman, Planning and Zoning staff, gave a brief background and explanation of the proposed rezoning request. The department recommendation was that the Committee take no action until the town had an opportunity to act. Mr. Donald Zick, appeared in favor. He stated that the driveway or access to these lots would also be used as a field road. Mr. Zick stated that he originally had unofficial town approval. Ms. Ashford asked if Mr. Zick owned other surrounding property. Mr. Zick owns approximately 400 acres. Access was discussed further. Seeing that no one else wished to appear, Chairman Wiese closed the public portion of the hearing.
Motion by Lehman, seconded by Ashford to approve the petition, pending township approval. Mr. Sprecher stated that he thought the town needed to review the access. Mr. Gaalswyk suggested that the Committee wait until the town makes a decision. Lehman and Ashford withdrew their original motion. Motion by Lehman, seconded by Gaalswyk to postpone a decision until they receive town approval.
Motion carried.
The next petition to be heard was #14-2004 to rezone certain lands in the Town of Ironton, Sauk County, Wisconsin, from an Exclusive Agricultural zoning district to an Agriculture Zoning District by Donald and Karen Gardner, E4247 Old K Road, Reedsburg, WI 53959. The purpose of the request is to bring an existing kennel operation into compliance with current zoning and to allow for the construction of a new kennel building. The land affected by the proposed rezone is located in Section 23, T12N, R3E in the Town of Ironton.
Mr. Hartman gave a brief report on the proposed rezoning. He explained what options were available to the Committee. A special exception and a variance is required in the Agriculture District. If the Committee approves the rezone, the use is contigent on BOA approval. If the BOA does not approve the petition, the land will still be in the Agriculture Zoning District. The Committee could rezone the property pending BOA approval or the Committee could choose to postpone action until the BOA has made a decision. Mr. Hartman gave the department recommendation of no decision until the Board of Adjustment reviews it.
The distance from another residence was discussed and Mr. Lehman asked if the owners had requested a variance from the Board of Adjustment. The owners stated that they had. The town board recommended approval with the zoning reverting back to exclusive agricultural if the property is sold. Mr. Lehman said they would have to petition to have it returned to its original zoning.
Mr. Don Gardner, owner, appeared. He stated that they originally bought the property in 1980. He stated that their livelihood depended on running the kennel. Mr. Gardner didn't think that the town board had any objections. Mr. Gaalswyk asked what the purpose of the new building was. Mr. Gardner explained that it was to provide better shelter for the animals and to cut down on the noise. He said that their neighbors didn't have a problem with the noise. Ms. Ashford asked how many dogs the Gardners had. Ms. Gardner responded that they now have thirty. Mr. Gardner explained how the building would be set up. Mr. Lehman was concerned about maintaining an area on the property for a future septic system. Mr. Gardner told the Committee that his well is actually on the neighbors lot and he has an easement to access it. He said that the assessor counts their animals every year and that the Sheriff's Department had been out there and never found a problem with the animals. They did not wish to increase the number of animals, just make their conditions better.
As there were no further questions, Chairman Wiese closed the public portion of the hearing.
A motion was made by Sprecher, seconded by Gaalswyk to postpone any action until after the Board of Adjustment hearing. The Board of Adjustment would be able to put conditions on their approval. Motion carried.
The next petition was # 15-2004 to rezone certain lands in the Town of Dellona, Sauk County, Wisconsin, from an Agriculture zoning district to an Commercial Zoning District by Joel Hovland, S266 Lyndon Road, Wisconsin Dells, WI 53965. The purpose of the request is to establish a resort oriented business inclusive of ice cream, games and gift sales near Christmas Mountain. The land affected by the proposed rezone is located in Section 11, T13N, R5E in the Town of Dellona.
Mr. Hartman gave the staff report and a brief description of the project. He informed the Committee that the Town of Dellona had approved the rezoning and the Planning and Zoning Department recommended approval.
Mr. Duane Brooks, Town of Dellona Chairman, appeared in favor. He stated that this parcel of land can't be farmed and has no other value. Mr. Lehman asked if the access would be off of Christmas Mountain Road.
Mr. Andy Miller, representing the Christmas Mountain property owners, stated they had no objection to this project.
Chairman Wiese closed the public portion of the hearing at 10:45 A.M.
Motion by Ashford, seconded by Gaalswyk to approve the rezoning from an Agriculture zoning district to a Commercial Zoning District.
Motion carried.
Motion by Sprecher, seconded by Ashford to adjourn.
Motion carried.
Respectfully submitted: Judy Ashford, Secretary