Planning, Zoning & Land Records Committee


DATE: September 26, 2006

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

Others Present: Lance Gurney, Mary White, Dave Tremble, Brian Simmert and Lowell Haugen.

Chairman Wiese called the meeting to order at 9:15 a.m., with Lehman absent, and compliance with the open meetings law was noted.

Motion by Ashford, seconded by Sprecher to adopt the agenda.
Motion carried 4-0.

Motion by Gaalswyck, seconded by Ashford to approve the minutes from the September 12, 2006 meeting.
Motion carried 4-0.

Communications: Mr. Gurney distributed a memorandum from Brian Cunningham regarding inconsistencies in road names in the Town of Dellona.

Chairman Wiese received a letter regarding the Joe Valley structure in the Town of Reedsburg. The structure is in a wetland and needs to be removed.

Mr. Lehman joined the Committee.

Business Items: Mr. Wiese signed the Robert Bergman PUD for a farm consolidation.

The Mapping Department had no report.

The Committee reviewed the voucher list from the Register of Deeds. Motion by Ashford, seconded by Lehman to approve the Register of Deeds' vouchers in the amount of $629.13
Motion carried, 5-0.

Mr. Lance Gurney, Planning and Zoning Director, then stated he would do a full departmental report at the next meeting.

The Committee then reviewed the Planning and Zoning monthly vouchers and payment of DOA comprehensive planning grant reimbursements. Motion by Ashford, seconded by Gaalswyck to approve payment of comprehensive planning reimbursements in the amount of $11,588.33.
Motion carried, 5-0.

Motion by Sprecher, seconded by Gaalswyck to approve payment of the department vouchers in the amount of $1,716.29.
Motion carried, 5-0.

Mr. Dave Tremble, Land Preservation Specialist, appeared regarding an amendment to a USDA NRCS agricultural conservation easement agreement on the Waldinger farm. Ms. Kathy Schauf, Administrative Coordinator, was requesting Committee input on extending the timeline for this contract. This contract was for an easement on property out of the BRNL. Motion by Gaalswyck, seconded by Sprecher to extend the agreement with NRCS to September 30, 2007. Discussion followed
. Motion carried, 5-0.

Chairman Wiese called the public hearing to order at 9:45 A.M.

The first petition to be heard was Petition # 19-2006 - A petition for approval of a rezone from an Agricultural zoning district to a Single-Family Residential zoning district for the purpose of establishing a 4-lot residential subdivision on approximately 5 acres of land. This request is being made by Ralph Tuttle and Mary Angel landowner/agent. The parcel of land affected by the rezone is located in Section 14, T11N,R6E in the Town of Baraboo, Sauk County, Wisconsin.

Mr. Brian Simmert, Planning and Zoning Planner, appeared, gave the staff report and recommendation of approval. The Town of Baraboo has approved the proposal.

Mr. Ralph Tuttle, applicant, appeared in favor. He gave some history on the property. He explained there was an easement around the parcel that did not allow development or cutting of trees. The accesses where discussed. There would be only two new driveways needed.

Seeing no one else wished to speak, the Chairman closed the public portion of the hearing at 10:00 A.M. Motion by Gaalswyck, seconded by Ashford to approve petition #19-2006 to rezone the Tuttle property from an agricultural zoning district to a Single-Family Residential zoning district.
Motion carried, 5-0.

Petition # 20, 2006 was heard next. This was a petition for approval of a rezone from an Agricultural zoning district to a Commercial zoning district for the purpose of establishing a commercial parcel/lot for sale including approximately 7.55 acres of land. This request is being made by Karen Lea Geitz landowner/agent. The parcel of land affected by the rezone is located in Section 15, T13N, R3E in the Town of La Valle, Sauk County, Wisconsin.

Mr. Simmert gave the staff report and recommendation of approval. There is no specific use intended. Commercial and light commercial uses were discussed. The parcel could be split into smaller sections.

Ms. Karen Lea Geitz, applicant, appeared in favor. She could develop the parcel or sell it and control what the use would be. She stated property around this parcel was commercial. Driveways were discussed and Ms. Geitz indicated she had already contacted the DOT regarding access.

Mr. Ed Bodendein, representing the Town of LaValle, appeared in favor. The Town Board has approved this rezone and the area is designated for future commercial.

Ms. Anita Heine appeared in opposition. She owns 80 acres east of the property. She uses her land for recreational uses and was also concerned about taxes.

Ms. Geitz reappeared and explained that Ms. Heine's property was not adjacent to her property.

Seeing no one else wished to speak, the public portion of the hearing was closed at 10:25 A.M.

Spot zoning and rezoning without a specific use in mind was discussed. Motion by Sprecher, seconded by Lehman to approve Petition 20-2006.
Motion carried 4-1, with Gaalswyck in opposition.

Next petition to be heard was Petition # 21-2006 - A petition for approval of a rezone from a Single Family Residential zoning district to a Resource Conservancy -5 zoning district for the purpose of allowing the keeping of animals/livestock and to construct an outbuilding which would otherwise exceed allowable floor area under Single Family Residential zoning. This request is being made by Gail Eerebout and Steven Zautke, landowner/agent. The parcel of land affected by the rezone is located in Section 34, T12N,R7E in the Town of Greenfield, Sauk County, Wisconsin.

Mr. Brian Simmert, appeared and gave the staff report and recommendation to postpone the petition due to the fact that the owner was not present. Town of Greenfield has approved the rezone.

Mr. Terry Turnquist, Town of Greenfield Chairman, spoke in favor. He explained that the Town "sites" pole buildings. He was concerned if this is postponed it will make it so that the shed could not be built this year. Scheduling was discussed.

Ms. Nancy Cassity registered as interest may appear.

Mr. Everette Cassity appeared in opposition. He stated that water from Highway 33 came into his field and down a wash to the river. Animal waste in the area would wash into the river.

Runoff was his major concern. The Committee was concerned about the runoff but this was a matter for the siting committee of the town board.

Mr. Turnquist reappeared. The question now is only the rezoning.

Mr. Lance Gurney, appeared and reviewed the setback distances. There had been some mention of a dog kennel, but Mr. Gurney explained that this rezone would be wrong for that use.

Seeing no one else wished to speak, the public portion of the hearing was closed at 10:50 A.M.

Motion by Gaalswyck to approve the zoning request. The motion failed due to lack of a second. Motion by Lehman, seconded by Sprecher to postpone a decision until the next Committee meeting when the applicant could be present.
Motion carried, 5-0.

Petition # 22-2006 was heard next. This was a petition for approval of a rezone from an Agricultural zoning district to a Commercial zoning district for the purpose of establishing the correct zoning district to accommodate an existing grocery store on approximately .71 acres of land. This request is being made by Clarence and Fannie Borntrager landowner/agent. The parcel of land affected by the rezone is located in Section 33,T13N,R3E in the Town of La Valle, Sauk County, Wisconsin.

Mr. Brian Simmert gave the staff report and recommendation. The recommendation was to approve the petition contingent upon a survey being submitted to extend the boundary to include an additional 20 feet. The Town of LaValle would not have a problem with that. Mr. Simmert stated that he should have a legal description tomorrow. Spot zoning was discussed.

Mr. Clarence Borntrager, applicant, appeared in favor. Running water and a septic system were discussed. The Town of LaValle had identified this area as commercial. Handling this petition as a special exception was discussed.

Mr. Ed Bodendein, representing the Town of LaValle, appeared. He stated this was an existing structure. The driveway had been approved by DOT. The Town did not consider this spot zoning.

Ms. Karen Lea Geitz, Town Board member, appeared in favor.

Seeing no one else wished to speak, the public portion of the hearing was closed at 11:25 A.M. Running water and a septic system were again discussed. The owner will be required to get a new land use permit and a sanitary permit could be required at that time. Motion by Lehman, seconded by Sprecher to approve the petition contingent that a certified survey be done to extend the parcel boundary 20 addition feet to meet setbacks.
Motion carried, 4-1, with Gaalswyck in opposition.

Next Petition # 23-2006 was heard. This was a petition for approval of a rezone from an Exclusive Agricultural zoning district to an Agricultural district for the purpose of establishing a Planned Unit Development - Cluster Development in a 20-acre density zone defined by the Town of Troy Comprehensive Plan on approximately 40 acres of land. This request is being made by Gary & Linda Midthum landowner/agent. The parcel of land affected by the rezone is located in Section 35,T9N,R5E in the Town of Troy, Sauk County, Wisconsin.

Mr. Brian Simmert appeared and gave the staff report and recommendation of approval, The Town of Troy had already approve it and it was consistent with local policies. A planned unit development application will be submitted if the rezone is approved.

Mr. Gary Midthun, applicant, appeared in favor. He wished to be able to build two residences. The certified survey was reviewed.

Ms. Linda Midthun, applicant, registered in favor.

Ms. Debra Midthun registered in favor.

Mr. Dale Sprecher registered in favor.

Mr. Gurney appeared. This was not productive farm land. It was the site of a historic village. The Town plan was briefly discussed.

Seeing no one else wish to speak, the Chairman closed the public portion on the hearing at 11:50 A.M.

Motion by Lehman, seconded by Gaalswyck to approve the rezoning of Petition # 23-2006.
Motion carried, 5-0.

Motion by Ashford, seconded by Gaalswyck to adjourn.
Motion carried, 5-0.

Respectfully submitted: Judy Ashford, Secretary