DATE: January 23, 2007
Committee Members Present: Gaalswyk, Sprecher, Ashford, Wiese, and Lehman.
Others Present: Lance Gurney, Mary White, Lowell Haugen,
Brent Bailey, Brian Simmert, Pat
Dederich and others.
Chairman Wiese called the meeting to order at 9:05 a.m. and compliance with the open meetings law was noted.
Motion by Gaalswyck, seconded by Sprecher to adopt the agenda.
Motion carried 4-0, with Lehman absent.
Motion by Sprecher, seconded by Ashford to approve the minutes from the
January 9, 2007, Committee meeting.
Motion carried 4-0, with Lehman absent.
None
Chairman Wiese signed the Lenerz PUD.
Mr. Brent Bailey, Register of Deeds appeared. He presented two documents for the Committee to review. One was an online real estate records agreement and the other was a cd/online real estate records agreement. He will also be drafting one for CDs only. The Corporation Counsel was reviewing them also at this time. It was noted that the only difference in the agreements was section 2.0. The Committee suggested one document with three choices on it. Mr. Bailey will put something together for Committee review.
Mr. Pat Dederich, County Surveyor, appeared next. He had two vouchers
for Committee approval. Discussion followed on the coordinate system. Motion
by Gaalswyck, seconded by Ashford to approve payment to Gordon Flesch in
the amount of $1,050.70 and payment of $7,950.00 to Azmark Surveying for
remonumentation and maintenance.
Motion carried, 4-0, with Lehman absent.
Mr. Lance Gurney, Planning and Zoning Director, distributed the 2006 Departmental Report for the 4th Quarter. This will be reviewed at the next Committee meeting. He reported that the comprehensive planning process has been started for 9 communities. The department was also involved in the County Outdoor Recreation Plan. In the past, plans were done solely by the Parks Department. A more comprehensive approach was being done at this time. The department was also assisting the land conservation office with an update to the land and water conservation plan and was also working on the forest project in Spring Green
Mr. Lehman joined meeting.
The next item for discussion was a request to reduce the access requirements
from 66 feet to 33 feet by Glenn Reynolds, agent for Don Adams, in the
Town of Westfield. Mr. Gurney gave the background of why this request was
necessary. Attorney Reynolds appeared and further reviewed the request.
Motion by Gaalswyk, seconded by Sprecher to approve the 33 foot variance.
Motion carried, 5-0.
The Committee then reviewed two conditional use permits for Terry and
Jessica Wehler in the Town of Honey Creek. The first request was for a
conditional use permit for a farm consolidation. Mr. Gurney gave the staff
report and background information. He requested that the distance between
the sheds be put on the survey. Findings of fact were reviewed. Conditional
use permit standards were read and answered. Motion by Gaalswyck, seconded
by Ashford to approve the farm consolidation conditional use permit.
Motion carried, 5-0.
The second request was for a cluster development conditional use permit.
Mr. Gurney gave the staff report and background information. Findings of
fact were given. Conditional use permit standards were read and answered.
Conditions were reviewed. Motion by Ashford, seconded by Gaalswyck to approve
the conditional use permit,
Motion carried, 5-0.
Public Hearing was started at 10:05 A.M.
Chairman Wiese gave the order of the hearing and committee members were introduced.
The petition to be heard was Petition # 1-2007, for approval of a rezone from an Agricultural zoning district to a Commercial zoning district for the purpose of establishing a rural grocery store on approximately .44 acres by Galen Cook, landowner. The parcel of land affected by the rezone is located in Section 10, T13N, R2E in the Town of Woodland.
Mr. Brian Simmert, Planning and Zoning staff, gave the staff report and the history of the request. Staff recommendation was denial.
Mr. Galen Cook, property owner, appeared. He stated this would be a family run business. The Town of Woodland had approved the request. He explained that the area had been scaled down to the .44 acres instead of the entire parcel. He felt this would be an asset to the community.
Mr. Gaalswyck asked what would be different from other stores. Mr. Cook explained that it would be bent and dent and items close to expiration date and would be sold at a discount.
Mr. Don Gross representing the Town of Woodland, appeared next. He stated the owner was trying to do everything the right way and had contacted Planning and Zoning. Mr. Gross felt this was no different than a road side stand. He didn't feel a rezoning was necessary because if the business fails what else could go on that parcel. He was in favor of the store, but not the rezoning. He stated that this would be the only parcel in the Town of Woodland zoned commercial.
Ms. Annette Gross registered in favor, did not wish to speak.
Ms. Kelly McCann spoke in opposition. She owned land adjacent to Cooks. They moved to the country because it was quiet and only local traffic. She felt the store would cause extra traffic.
Mr. Paul Niederburger appeared in opposition. He stated that commercial traffic increases with commercial activity. He was concerned about large trucks. He stated that small stores come and go. He would like to see a special permit at this time and revisit the parcel a couple of years from now and then look into rezoning.
Mr. Richard Schlough appeared in opposition. The idea is good, but knows what commercial areas bring with them.
Mr. Paul Magruder appeared in opposition. He was in opposition to spot zoning. He stated he was in favor of the store, but location should be in a town. He felt a special permit might be a way to get around the rezoning.
Ms. Leah Magruder spoke in opposition for all the same reasons already stated. This was in a very quiet community.
Mr. John Luszczak spoke as interest may appear. He was concerned about the added traffic and refuse problems. He also suggested trying the use for a while before rezoning,
Seeing no one else wished to speak, the public portion of the hearing was closed.
Ms. Ashford, stated once something is rezoning it would be difficult to zoning it back. She questioned if a special exception permit would be allowed. This was an issue to be handled by the Town of Woodland Comprehensive Plan when completed.
Mr. Brian Simmert stated a special exception or variance was not an option.
Mr. Gaalswyck stated the Committee had approved a small commercial zoning in the Town of Lavalle but it was in their comprehensive plan.
Mr. Don Gross, appeared again.
Mr. Wiese didn't feel it would cause a big traffic program.
Motion by Ashford, seconded by Sprecher to deny the request.
Motion carried, 5-0.
The Committee then reviewed the vouchers for the Planning and Zoning Office.
Motion by Lehman, seconded by Gaalswyck to approve the vouchers as presented,
$280.08 for 2006 and $543.00 for 2007.
Motion carried, 5-0.
Motion by Ashford, seconded by Sprecher to adjourned.
Motion carried, 5-0.
Respectfully submitted: Judy Ashford, Secretary