Planning, Zoning & Land Records Committee Meeting Minutes


Date: August 10, 2004

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

Others Present: Lance Gurney, Mary White, Matt Filus, Ted Brenson, Brent Bailey, Dave Tremble 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 Ashford to adopt the agenda with the deletion of item f. at this time.
Motion carried.

Motion by Ashford, seconded by Gaalswyk to approve the minutes of the July 27, 2004 Committee meeting with the typographical corrections as noted in attached minutes.
Motion carried.

Communications:

Mr. Gurney stated that he had received a copy of a letter to Mr. Kozlowski from the Village of Prairie du Sac regarding keeping wild animals at this residence.

He had also received a letter from the Department of Natural Resources regarding the Planning and Zoning Department estimating flood damage. He stated that the department needed to address this program but would not be able to do it within the 30 day deadline. He said that the department does not have any maps or inventory of the structures located within the flood plain. Mr. Dave Lorenz had 3 ½ hours of training which made him certified by the state to do these estimates.

Mr. Gurney stated that he also had communications relative to the Hansen rezoning and they would be addressed when that item was open for discussion.

Business items:

The Committee signed the rezoning ordinance for the Maxwell property in the Town of Greenfield. This request had been approved at the July 27, 2004 meeting.

Mr. Brent Bailey, Register of Deeds, appeared and gave his monthly report. It was business as usual and the department was a little short staffed due to vacations. He reported that they were almost ready to go online with certain records. Mr. Bailey presented some information on charges and what other counties were charging. He stated at some point he would like to get an intern to scan old documents.

The Committee then reviewed the Register of Deeds' budget. Considerable discussion followed. Motion by Sprecher, seconded by Ashford to approve the Register of Deeds preliminary budget as presented.
Motion carried.

The Register of Deeds vouchers were reviewed. Motion by Ashford, seconded by Lehman to approve payment of the vouchers in the amount of $5,122.96.
Motion carried.

Mr. Ted Brenson, County Cartographer, then appeared and gave his monthly report. One staff member was out on occasional family leave and Sally Cobb had been sent to a FEMA conference. The Land Records budget was reviewed. Motion by Lehman, seconded by Sprecher to approve the preliminary proposed Land Records budget.
Motion carried.

The Mapping Department budget was then reviewed. Motion by Ashford, seconded by Gaalswyk to approve the preliminary proposed Mapping Department budget.
Motion carried.

Mr. Brenson did not have any vouchers for review.

Digital mapping and FEMA flood elevations maps were briefly discussed.

Mr. Matt Filus, County Surveyor, appeared next and the Surveyor's budget was reviewed. Motion by Lehman, seconded by Sprecher to approve the preliminary proposed budget in the amount of $86,889.00.
Motion carried.

Mr. Lance Gurney, Planning and Zoning Director, then appeared. Mr. Gurney briefly reported on flood plain issues. He also reported that the Ford Escort was starting to need repairs and should be replaced in 2005 with something more appropriate for field work. This vehicle should have been replaced this year but was not because of budget constraints.

The next subject for discussion was the Baraboo Range Protection Program for the purchase of property located in the Town of Honey Creek owned by Harley and Linda Boettcher consisting of 70.98 acres. Mr. Tremble reviewed purchase price and assessed value with the Committee. The Baraboo Range Commission had approved $149,000.00 for the purchase. Mr. Tremble explained that the Boettcher's had agreed to a lesser amount of $127,800.00. Net acreage was discussed as well as whether or not this property abuts other conservancy or protected property. Motion Gaalswyk, seconded by Ashford to approve the purchase of development rights from Harley and Linda Boettcher at a cost of $127,800.00. Motion carried 4-1, with Lehman in opposition.

The Committee then discussed Petition #14, 2004 by Donald and Karen Gardner. The public hearing for this petition was held on June 22, 2004 and the Committee agreed to postpone their decision until after the Board of Adjustment hearing on this request. The Board of Adjustment approved the request with the condition that the owner provide a letter from the adjoining property owner stating they did not have a problem with the kennel being within the setback from their residence. This letter has been provided. Motion by Gaalswyk, seconded by Lehman to approve the rezoning of this property from an Exclusive Agricultural zoning district to an Agricultural zoning district.
Motion carried.

Mr. Lehman asked what would happen if the adjoining property was sold. The conditions would go with the property.

The next item for discussion was Petition #20-2004 a rezoning request by Russell Hanson. This request was postponed from the July 27, 2004 public hearing. Communications and pictures that the Committee received concerning this request was discussed. Some of the photos were of surrounding property and the Committee agreed these should not be considered. Mr. Wiese stated that, while he can understand the opposition, there were no other suggestions being made for the property. Mr. Gurney distributed the proposed covenants for the property. He had received the covenants and suggested changes as shown in the document. It was noted that this request still has to be approved by the Board of Adjustment and conditions could be levied at that time. A dry pond detention area, emergency services, traffic, alcohol sales, trash, smoke and access were discussed.

Adjoining property owner concerns regarding diminished property values was briefly discussed. Mr. Gurney stated that most of these concerns were things that the Board of Adjustment could address. Biannual inspections could be made to be sure conditions are being met. The Agricultural Preservation Plan and the County Development Plan were reviewed in regards to any additional commercial or rec. commercial uses. The Town of Dellona does not have its' own land use plan.

Conditions that could be set by the Board of Adjustment were discussed. Rezoning approval before Board of Adjustment review was also discussed. Mr. Wiese asked if the Committee could rezone the property contingent on Board of Adjustment approval. Mr. Gurney stated that it could not be done. The difference between a variance and a special exception were reviewed. Ms. Ashford was concerned about rezoning the property when they weren't sure that the project would be completed. She also stated that there was considerable opposition by surrounding property owners. Mr. Gaalswyk stated this should result in more people getting involved with local elections. Motion by Sprecher, seconded by Wiese to approve the rezoning request. Mr. Lehman stated that there were back taxes due on the property. Mr. Sprecher said that this should not be considered in this decision. Mr. Gurney stated that if the Committee approved the request it would go on to the County Board. If the Committee denies the petition the County Board could send it back to the Committee or accept the Committee's recommendation. If the Committee approves the petition, 50% of the adjacent property owners could file a petition with the County Clerk to force a ¾ vote from the County Board. The original motion to approve the rezoning from Agricultural zoning to Recreational/Commercial zoning was called and carried 4-1, with Ashford in opposition.

The next item for discussion was the attendance of a staff member at the Fall conference of the Wisconsin Chapter of the American Planning Association on September 9, 10, 2004 in Lacrosse. Motion by Ashford, seconded by Gaalswyk to approve the attendance.
Motion carried.

Motion by Gaalswyk, seconded by Lehman to adjourn.
Motion carried.

Respectfully submitted: Judy Ashford, Secretary