Planning, Zoning & Land Records Committee Minutes


DATE: August 28, 2007

Committee Members Present: Ashford, Gaalswyck, Sprecher, Wiese, Lehman

Others Present: Mark Steward, Brian Simmert, Mary White, Chad Gunderson, Dave Tremble and others.

Chairman Wiese called the meeting to order and compliance with the open meetings law was noted.

Motion by Sprecher, seconded by Ashford to adopt the agenda as presented. Motion carried, 5-0.

Motion by Sprecher, seconded by Ashford to approve the minutes of the previous July 27, 2007 and August 14, 2007 Committee meetings. Motion carried, 5-0.

Public Comment: None

Communications: None

Business items: Chair signed the Farm Consolidation CUP for James & Renee Sorg.

Mapping - No report.

Register of Deeds - No report.

Surveyor - No report.

Mr. Mark Steward, Planning and Zoning Director appeared with a short departmental report. He informed the Committee that the fee schedule approved at the last meeting will go to the County Board of September. Final draft of the Flood Plain Ordinance and Mineral Extraction Ordinance should be ready for Committee review in September.

The Comprehensive Planning Grant is due to the State on November 1st. October Committee meetings dates were questioned. Expanding the purchase of development rights outside the Baraboo Range was discussed.

Department vouchers were reviewed. Motion by Ashford, seconded by Gaalswyck to approve the vouchers in the amount of $12,672.71. Motion carried, 5-0.

The farm consolidation for Karl and Judith Belk was briefly reviewed. The Committee agreed the consolidation met the definition of farm consolidation. Motion by Ashford, seconded by Sprecher to approve the CUP. Motion carried 4-0, with Gaalswyck abstaining.

The PUD for Arthur Mueller was then discussed. Simmert gave the background information and staff report. Findings of fact and conditions were reviewed. Seeing there were no questions the conditional use permit standards were read and the Committee responded in the affirmative. Motion by Sprecher, seconded by Lehman to approve the PUD. Motion carried, 5-0.

The next item for review was the access easement for Robert Greenwood. Discussion followed. The request was for a 33 foot easement instead of the 66 foot minimum. Motion by Lehman, seconded by Sprecher to approve the 33 foot access easement. Motion carried, 5-0.

Mr. Marvin Giebel, Town of Delton Chair, then appeared regarding the Baraboo-Dells Airport Overlay Project. He requested that the County take over this project. The Committee would want town input. Administration and enforcement were discussed. This project would be different than the Tri-County airport plan because the County is not an owner of the airport.

The Committee then went to public hearing.

The Committee introduced themselves and the order of hearing was given.

The first petition to be heard was a petition for approval of a rezone from a Resource Conservancy 35 to a Commercial Zoning District for the purpose of establishing a mixed-use commercial development inclusive of office/retail space, mini storage and billboards on approximately 25.83 acres by Mike and Tammy Wilm. The parcel of land affected by the rezone is located in Section 21, T12N, R6E in the Town of Baraboo, Sauk County, Wisconsin

Simmert, appeared and gave the staff report and recommendation of approval. He explained that there were several alternatives for the Committee to consider.

Mike Wilm, applicant, appeared and explained the basis of request. He originally wanted to relocate a billboard. The bypass highway calls for the placement of no billboards.

Tammy Wilm registered in favor.

Darlene Hill, Town of Baraboo Chair, appeared. She stated that the rezoning of only one of several things that needed to be done. After the rezoning they would have to go to the BOA for approval of a special use. The Baraboo Plan Commission and Town Board have approved. An access road was going to be provided. Gaalswyck questioned why zone the entire parcel to move a billboard.

Carol Luther registered in favor.

Mark Steward appeared as interest may appear. He stated it was in the best interest of the County to rezone only the eastern 800 feet of property. Limiting billboards was discussed.

Warren Trager, did not register but spoke in favor. He owns property across the road and would support the request.

Seeing no one else wished to speak, the public portion of the hearing was closed at 10:30 a.m.

Gaalswyck stated he wouldn't vote for proposal as it appears. Ashford agreed to rezoning the eastern part of property and Wiese and Sprecher agreed. Lehman questioned the cost to DOT to purchase commercial property versus agricultural.

Motion by Ashford, seconded by Gaalswyck to approve the rezoning for the eastern 800 feet of the parcel from Resource Conservancy 35 to Commercial. Motion carried, 5-0.

The next petition to be heard was a petition for approval of a rezone from a Resource Conservancy 5 to an Agricultural Zoning District for the purpose of establishing three residential lots of less than 5-acres and which includes three existing single family homes on approximately 2.76 acres by Alvin Astle. The parcel of land affected by the rezone is located in Section 9, T12N, R5E in the Town of Excelsior, Sauk County, Wisconsin.

Simmert appeared with the staff report and recommendation of approval.

Mark Carlson, representing the owners, appeared in favor. He stated the owners did not wish to give up more farm land to make 3 five acre parcels. The Town of Excelsior has approved the plan. The ownership of the easement/driveway was discussed as well as highway access. Septic systems and wells were reviewed.

Seeing no one else which to speak, the public portion of the hearing was closed at 10:49. Motion by Gaalswyck, seconded by Lehman to approve Petition #9-2007. Sprecher was concerned about shared easement for maintenance. Motion carried, 5-0.

The next petition to be heard was a petition for approval of a rezone from an Agricultural to a Single-Family Residential and Resource Conservancy 5 Zoning District for the purpose of establishing zoning that is consistent with existing and future land uses and to ensure consistent application of zoning regulations by the Town of Spring Green, Benny Stenner, Chair. The parcels of land are located in the Pinelands Subdivision (all units and additions), Wismar Forest Subdivision, Allen's Addition to Lone Rock, Monument Plantation, Laudon Flowage, Kitchen's Addition to Lone Rock (Block A Lots 1-38) and other lands generally located in Section 7, T8N, R3E in the Town of Spring Green, Sauk County, Wisconsin.

Simmert appeared and gave the staff report and recommendation of approval.

Benny Stenner, Town of Spring Green Chair, appeared in favor. Zoning violations have been an ongoing struggle for the town which was turning from a rural to a semi-urban township. Taxes and assessments were reviewed . The Town Board had unanimously approved this rezoning. Replacing structures and livestock was briefly reviewed.

Fred Iausly, representing the Town of Spring Green Planning Commission, appeared in favor. The Commission looked at various ways to resolve problems and minimize conflicts between agricultural and single family zoning districts.

Jerry Schmidt registered in favor.

William Mertens spoke in favor. He stressed uniformity was needed.

Natalie Bussan, attorney representing the Town of Spring Green, appeared in favor. This rezoning would provide clarity and make enforcement easier.

Milton Sprecher spoke in opposition. Wanted the land to stay in agriculture.

Herman Kaldenberg spoke in opposition. This was one of the last places you could still have small agricultural uses and hobby farms.

Alan Ikeler spoke in opposition. He lived there for 15 years and was an organizer of the pineland association. He stated a committee was formed to look into a rural residential district at one time but it died because the County did not want to deal with another district. That was something that should be considered at this time.

Milo Mercer spoke in opposition. He had a horse barn in Lone Rock and had gotten permits to build it. The property should stay in agriculture so families could enjoy it.

Tom Halverson spoke in opposition. He owns 10 acres with two mules and some chickens. He trains mules and donates them to disabled children. Once he got rid of the two he has he would not be able to get any more.

John Palermo spoke in opposition. He does not live there but owns property in area. He has a pole building on his property. He would not be able to replace his structure if it were destroyed.

Mark Berg spoke in opposition. He stated his structures would be considered illegal and he wouldn't be able to replace them. The ordinances that were in place now needed to be enforced.

Paul Pratt spoke in opposition. He sent letters to property owners. All of the responses except one was for agriculture. At Board meetings their opinions were not considered. This rezoning request was from the Town Board, not the property owners. He presented an envelope of signatures against the proposal.

Gary Stormer spoke in opposition. He bought his property to get away from urban uses.

Terry Halverson requested John KcKenna to speak in his behalf. He spoke regarding technical problems he saw with the current property descriptions used in the petition. He stated most of the lots are not big enough to build on with current setbacks.

Otto Frischolz spoke as interest may appear. He has a garage and shed on his property that won't comply. He was against the proposal.

Steve Sorneson, Assistant Zoning Administrator, spoke as interest may appear. He stated that ag. setbacks are the same as single family setbacks. He never issued citations for animals in this area. He would work with the town at "grandfathering" of uses, structures and animals. The Town and Planning and Zoning need to work together as partners.

Pat Frischolz spoke in opposition. Developers would be more interested in property already zoned single family.

Fred Iausly reappeared. The Town had an informational meeting, not a public hearing. He stated that they were not a lot of people in attendance at the meeting. He said the Town had been considering the rezoning for over a year. They could only work with the districts that already exist.

The Chair closed the public portion of the hearing at 12:35.

The Committee discussed postponing the decision and maybe that was not the best way to handle this request.

Ashford felt the longer the issue is not resolved the more conflict there will be. The area is growing and change is coming and these are platted subdivisions. This allows for orderly growth.

Sprecher stated the public voted for their town board members and there would be people disappointed.

Motion by Ashford, seconded by Wiese to approve Petition # 10-2007 to rezone certain lands in the Town of Spring Green, with the amendment that section 1501 be excluded. Motion carried, 4-1 with Lehman in opposition.

Motion by Ashford, seconded by Sprecher to Adjourn at 12:45. Motion carried, 5-0.

Respectfully submitted,

Judy Ashford, Secretary.