Dane County

Minutes - Final Unless Amended by

Committee

Zoning & Land Regulation Committee

Consider:

Who benefits? Who is burdened?

Who does not have a voice at the table?

How can policymakers mitigate unintended consequences?

This meeting is being conducted on land now known and recognized as Dane County, Wisconsin. We

acknowledge that this land is at the same time the ancestral, traditional, & contemporary land of the

Ho-Chunk, Sauk & Kickapoo nations.

Tuesday, February 27, 2024

6:30 PM

Hybrid Meeting: Attend in person at the City County

Building in Room 354; or Attend virtually via Zoom.

A. Call to Order

Chair Doolan called the meeting of the ZLR Committee to order at 6:30pm in

Room 354 of the City-County Building.

Staff present: Violante, Lane, Holloway, Everson, Allan, McCallum

Supervisor Ratcliff was excused at 7:00pm.

4 - JERRY BOLLIG, MICHELE DOOLAN, KATE MCGINNITY, and MELISSA

RATCLIFF

Present

1 - TIM KIEFER

Excused

B. Public comment for any item not listed on the agenda

No comments made by the public.

2023

February 27, 2024 ZLR Registrants

RPT-540

Attachments:

February 27th ZLR registrations final

C. Consideration of Minutes

2023

January 23, 2024 ZLR Meeting Minutes

MIN-476

Attachments:

01-23-2024 ZLR Public Hearing Minutes

A motion was made by MCGINNITY, seconded by BOLLIG, that the Minutes be

approved. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and

Ordinance Amendments

12006

PETITION: REZONE 12006

APPLICANT: LLOYD & BARBARA L MELTON (WAYNE MELTON,

REP)

LOCATION: SECTION 8, TOWN OF CHRISTIANA

CHANGE FROM: FP-35 Farmland Preservation District TO FP-1

Farmland Preservation District, FP-35 Farmland Preservation District TO

RR-4 Rural Residential District

REASON: separate farmstead from farm and create two agricultural lots

Attachments:

In Support: Wayne Melton

Opposed: none

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval. The motion carried by the following vote: 4-0.

1. A deed restriction shall be recorded on the FP-1 parcels stating the following:

Further residential / non-farm development is prohibited on the remaining FP-1

zoned land. The housing density rights for the original Buck farm have been

exhausted per the Town Comprehensive Plan density policies.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12007

PETITION: REZONE 12007

APPLICANT: JOHN & SARA BOTHUM

LOCATION: SOUTH OF 1450 PLEASANT HILL ROAD, SECTION 2,

TOWN OF DUNKIRK

CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural

Residential District

REASON: creating one residential lot

Attachments:

12007 Wetland delineation results

12007 DUNKIRK MAP

12007 APP

In Support: John Bothum

Opposed: none

A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. A deed restriction shall be recorded on the remaining FP-35 zoned land

comprising the Bothum farm unit (tax parcels 051102385610, 051102385010, and

051102380004) stating the following:

Further residential/nonfarm development is prohibited on the remaining FP-35

zoned land. The housing density rights for the original Raymond L. Bolhum farm

have been exhausted per the Town Comprehensive Plan density policies.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12008

PETITION: REZONE 12008

APPLICANT: DALE, RONALD, JAMES, AND DENNIS LUND

LOCATION: 2490 CLEAR VIEW ROAD, SECTION 14, TOWN OF

CHRISTIANA

CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural

Residential District, FP-35 Farmland Preservation District TO RR-4

Rural Residential District

REASON: separating two existing residences from the farmland

Attachments:

12008 Ord Amend

12008 Staff Report

12008 Town Action

12008 Site Inspection

12008 Density Study

12008 CHRISTIANA MAP

12008 APP

In Support: Dennis Lund

Opposed: none

A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition

be recommended for approval with one condition. The motion carried by the

following vote: 4-0.

1. The debris on the property shall be cleaned up prior to rezone petition #12008

becoming effective.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12009

PETITION: REZONE 12009

APPLICANT: JEFF SCHLIECKAU

LOCATION: NORTH OF 3830 GALA WAY, SECTION 19, TOWN OF

COTTAGE GROVE

CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural

Residential District, FP-1 Farmland Preservation District TO RR-4 Rural

Residential District, FP-1 Farmland Preservation District TO NR-C

Natural Resource Conservation District

REASON: create two residential lots and one agricultural lot

Attachments:

12009 Ord Amend

12009 Staff Report

12009 Town Action

12009 TDR Sending Property Density Study (Viney)

12009 TDR Sending Property Density Study #2 (Wollin)

12009 COTTAGE GROVE MAP

12009 APP

12009 Public comment - Van Handel

In Support: Jeff Schlieckau

Neither support nor opposed: Marjorie Van Handel, Tammy Smith, Marc Smith

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. Owners of the TDR-S sending properties shall record deed restrictions

prohibiting nonfarm development on a minimum of 35 acres, as follows:

a. Wayne and Patricia Wollin shall record a deed restriction prohibiting nonfarm

development on tax parcel 0711-024-9000-7 (SW 1/4 of the SE 1/4, section 2, Town

of Cottage Grove).

b. Viney Acres LLC shall record a deed restriction prohibiting nonfarm

development on tax parcel 0711-253-9500-5 (SE 1/4 of the SW 1/4, section 25,

Town of Cottage Grove).

2. A deed notice document shall be recorded on the proposed RR-2 and RR-4 lots

(CSM Lots 1 and 2) to indicate they were created via a Transfer of Development

Rights.

3. A deed restriction shall be recorded on the proposed NR-C lot (CSM Lot 3) to

prohibit residential development.

4. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning

district shall be applied to the RR-2 and RR-4 lots.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12010

PETITION: REZONE 12010

APPLICANT: MORCOY COMPOUND LLC (PAUL MORRISON)

LOCATION: 7741 STATE HIGHWAY 69, SECTION 31, TOWN OF

MONTROSE

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District

REASON: create one new residential lot

Attachments:

12010 Previous CUP 2501

12010 Current deed restiction 5643336

12010 MONTROSE MAP

12010 APP

In Support: Paul Morrison

Opposed: none

A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning

Petition be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. Within 6 months of the County Board action on this petition, the landowner

shall raze (remove) one of the farm residences on the property prior to the zoning

becoming effective.

2. Conditional Use Permit #2501 for a secondary farm residence shall be rendered

null and void.

3. A new deed restriction shall be recorded to document how the development

rights have been used on the farm. A deed restriction shall be recorded on the

remaining FP-35 lands (current tax parcel 0508-314-9000-7) stating the following:

a. Further residential/nonfarm development is prohibited on the remaining FP-35

zoned land. The housing density rights for the original Louis J. Gardippe farm

have been exhausted per the Town Comprehensive Plan density policies.

4. A shared driveway access easement shall be recorded along with the certified

survey map for the new lot, to provide access to both the farm and the new

residence.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12011

PETITION: REZONE 12011

APPLICANT: BAKER LIVING TR (DENNY BAKER)

LOCATION: 1240 N. GAFFNEY RD, SECTION 9, TOWN OF

MONTROSE

CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-4 Rural

Residential District, RR-4 Rural Residential District TO RM-16 Rural

Mixed-Use District

REASON: shifting of property lines between adjacent land owners

Attachments:

In Support: Dennis Baker

Opposed: none

A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning

Petition be recommended for approval. The motion carried by the following vote:

4-0.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Excused:

12012

PETITION: REZONE 12012

APPLICANT: ERIC O JOHNSON

LOCATION: 6630 LEE ROAD, SECTION 11, TOWN OF DANE

CHANGE FROM: RM-8 Rural Mixed-Use District TO RM-16 Rural

Mixed-Use District, FP-35 Farmland Preservation District TO RM-16

Rural Mixed-Use District, FP-35 Farmland Preservation District TO FP-1

Farmland Preservation

District

REASON: expand existing residential lot and create an agricultural lot

Attachments:

(Supervisor Ratcliff was excused at 7:00 p.m.)

In Support: Eric Johnson

Opposed: none

A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning

Petition be postponed due to no town action. The motion carried by the following

vote: 3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

12013

PETITION: REZONE 12013

APPLICANT: DAVID J RHINER

LOCATION: WEST OF 8774 COUNTY HWY G, SECTION 4, TOWN

OF PRIMROSE

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District

REASON: creating one residential lot

Attachments:

12013 Ord Amend

12013 Staff Report.pdf

12013 Town Action.pdf

12013 Density Study

12013 PRIMROSE MAP

12013 APP

In Support: Tammy Rhiner, Tyler Marcinske

Neither Support nor Oppose: Ed Short

A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval with conditions. The motion carried by the

following vote: 3-0.

1. The applicant shall obtain a shared driveway access permit from the Dane

County Highway Department prior to site development.

2. A shared driveway access easement shall be recorded with the Register of

Deeds to provide access for the new lot.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

12014

PETITION: REZONE 12014

APPLICANT: CINDY AND BILL NORDNESS

LOCATION: 524 STATE HWY 138, SECTION 30, TOWN OF

DUNKIRK

CHANGE FROM: SFR-1 Single Family Residential District TO RR-2

Rural Residential District, FP-35 Farmland Preservation District TO

RR-2 Rural Residential District

REASON: expanding existing residential lot

Attachments:

In Support: Ed Short

Opposed: none

A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval. The motion carried by the following vote:

3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

12015

PETITION: REZONE 12015

APPLICANT: COONS CONSTRUCTION OF VERONA LLC

LOCATION: EAST OF 7906 RIVERSIDE ROAD, SECTION 30, TOWN

OF VERONA

CHANGE FROM: AT-35 Agriculture Transition District TO SFR-1 Single

Family Residential District, AT-35 Agriculture Transition District TO

NR-C Natural Resource Conservation District

REASON: create a 17-lot residential subdivision with one outlot.

Attachments:

12015 Staff Report

12015 Town Action

12015 Navigability Determination

12015 VERONA MAP

12015 APP

In Support: Jim Coons, Adam Carrico

Opposed: none

A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning

Petition be postponed to allow for Corporation Counsel to provide an opinion on

the County's ability to require highway improvements in light of the Highway

Department's comments. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

12016

PETITION: REZONE 12016

APPLICANT: ALBERT G HAWLEY & KAREN ZETHMAYR

LOCATION: 2669 CTH P, SECTION 16, TOWN OF SPRINGDALE

CHANGE FROM: GC General Commercial District TO LC Limited

Commercial District

REASON: zoning to allow for limited contractor business use

Attachments:

(The Committee adjourned for a 3-minute recess at 7:16 p.m., reconvened at 7:19 p.m.)

In Support: A.G. Hawley, Mark Nortman

Opposed: none

Neither support nor oppose: Jim Wilson

A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning

Petition be recommended for approval. The motion carried by the following vote:

3-0.

Recording a deed restriction on the property that specifies:

1. Hours of operation are limited to between 6am and 8pm, 7 days a week

2. A maximum number of three (3) contractor, landscaping or building trade

operation businesses

3. Number of employees limited to 10 full-time equivalents on-site (total for all

businesses)

4. No retail sales

5. No paid storage on the property

6. Lighting and signage shall conform to the Town of Springdale and Dane

County ordinances.

7. Existing onsite wastewater sewage disposal systems, if any, serving the

businesses uses must be inspected by a licensed plumber to determine its

suitability for all proposed or expanded uses. Deficient systems must be brought,

at the owner’s expense, into full compliance with the current requirements for

new development of the state plumbing code and Chapter 46, Dane County Code.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

02611

PETITION: CUP 02611

APPLICANT: NATHAN M MOE

LOCATION: 1896 WILLIAMS DR, SECTION 29, TOWN OF

PLEASANT SPRINGS

CUP DESCRIPTION: 180' self-support communication tower on FP-35

zoned property

Attachments:

CUP 2611 Staff Report 021224

CUP 2611 Radio Frequency Engineering Report

CUP 2611 Density Study

CUP 2611 Cell tower fall zone letter (127.5')

CUP 2611 Cell tower photo simulations

CUP 2611 Site and elevation plans

CUP 2611 Verizon enginnering affidavit

CUP 2611 Verizon tower search ring

CUP 2611 Applicant response to CUP standards

CUP 2611 Candidate site evaluation

CUP 2611 PLEASANT SPRINGS MAP

CUP 2611 APP

In Support: Christopher Lee, Jake Remington

Opposed: none

A motion was made by MCGINNITY, seconded by BOLLIG, that the Conditional

Use Permit be postponed due to no town action and to allow time for an erosion

control / stormwater management violation to be corrected. The motion carried

by the following vote: 3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

02612

PETITION: CUP 02612

APPLICANT: MELISSA & CASEY HELBACH

LOCATION: 6993 APPLEWOOD DRIVE, SECTION 27, TOWN OF

MIDDLETON

CUP DESCRIPTION: transient or tourist lodging (short-term rental)

Attachments:

CUP 2612 Staff Report

CUP 2612 Town Action

CUP 2612 MIDDLETON MAP

CUP 2612 APP

CUP 2612 Public comment - Struthers

CUP 2612 Public comment - VandeBerg

CUP 2612 Public comment - Zilavy

CUP 2612 Public comment - Van Den Heuvel

CUP 2612 Email from Sheriff Dept

CUP 2612 Letter from Applicant

CUP #2612

In Support: Melissa Helbach

Opposed: Sarmi Van Den Heuvel

Neither Support nor Oppose: David Huntsman

A motion was made by MCGINNITY, seconded by BOLLIG, to approve the CUP

based on the findings of fact as noted in the staff report and it has been

determined that the proposal meets the standards for obtaining a CUP, with the

conditions as noted in the staff report. The motion carried by the following vote:

3-0.

CUP 2612 Conditions:

1. The Town finds that the proposal meets the general standards for conditional

use permits per Dane County Ordinances 10.101(7)(d)1.

2. The Town finds that the proposed conditional use is consistent with the

adopted Town Comprehensive Plan.

3. The CUP is granted subject to all standard conditions specified in Dane County

Zoning Ordinance Section 10.101(7)(d)2, as applicable.

4. This conditional use permit shall expire in the event the property is sold or

transferred to another owner. Continuation or extension of an expired conditional

use requires re-application and approval by the Town Board and Dane County.

5. The applicant shall comply with all licensing and permitting requirements for

short-term rentals.

6. Landowner will apply for, obtain and maintain an appropriate transient or

tourist lodging rental license from Madison/Dane County Department of Public

Health.

7. The rental shall be limited to 8 overnight guests.

8. This Conditional Use Permit shall expire one (1) year after the effective date.

Landowner may renew the CUP by successfully obtaining a new CUP prior to the

expiration date.

9. The maximum number of allowable rental days within a 365-day period is 180

days. The landowner must notify the Town Clerk in writing when the first rental

within a 365-day period begins.

10. Quiet hours shall be 10:00pm to 8:00am, all days of the week.

11. No more than 5 overnight vehicles shall be on the premises at any one time.

All vehicles must be parked on paved driveway surfaces or inside the existing

garage and maintain adequate access for emergency vehicles.

12. No pets allowed.

13. Any new outdoor lighting shall be downward directed, designed to minimize

ambient spill and shall comply with all applicable requirements of the Town of

Middleton.

14. Existing onsite wastewater sewage disposal systems, if any, serving the

conditional use must be inspected by a licensed plumber to determine its

suitability for the proposed or expanded use. Deficient systems must be brought

at the owner’s expense, into full compliance with the current requirements for

new development of the state plumbing code and Chapter 46, Dane County Code.

15. The owner or operator must keep a copy of the conditional use permit,

including the list of all conditions, on the site.

16. The Zoning Administrator or designee may enter the premises of the

operation in order to inspect those premises and to ascertain compliance with

these conditions or to investigate an alleged violation.

17. Failure to comply with any imposed conditions, or to pay reasonable

Town/County costs of investigation or enforcement of sustained violations, may

be grounds for revocation of the conditional use permit. The holder of a

conditional use permit shall be given reasonable opportunity to correct any

violations prior to the revocation.

18. If the transient or tourist lodging operation is abandoned for one year or

more, this conditional use permit shall be terminated. Future re-establishment of

an abandoned conditional use shall require approval of a new conditional use

permit.

19. The operation of all-terrain vehicles, ATVs, and snowmobiles by occupants of

the transient or tourist lodging operation shall be prohibited on the property.

20. Signage is prohibited.

21. Fireworks are prohibited.

22. The owner, or their designated emergency contact person, be available within

one (1) hour to address any problems.

23. Emergency contact information shall be provided to the neighbors,

Applewood Homeowners Association President, the Town of Middleton, and

Dane County Zoning Division.

24. The owner or operator must provide the Town of Middleton Clerk with a copy

of the current rental agreement no later than the date of issuance of the CUP. In

the event the agreement is modified in any manner, the modified agreement must

be provided to the Town of Middleton Clerk within ten (10) calendar days of the

date the modified agreement is placed in use.

25. The rental period shall be a minimum of 5 nights.

26. Landowner will conduct a background check on any prospective renter.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

E. Zoning Map Amendments and Conditional Use Permits from previous

meetings

F. Plats and Certified Survey Maps

G. Resolutions

2023

RECONSTITUTING THE DANE COUNTY BROADBAND TASK FORCE

RES-344

Sponsors:

RATCLIFF, MCGINNITY, HUELSEMANN, ROSE and RITT

Attachments:

2023 RES-344

2023 RES-344 FISCAL NOTE

A motion was made by MCGINNITY, seconded by BOLLIG, that the Resolution be

recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

H. Ordinance Amendment

2023

OA-068

AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF

ORDINANCES, REGARDING THE REVIEW PROCESS FOR

CONDITIONAL USE PERMITS AND REZONES

Sponsors: DOOLAN and BOLLIG

Attachments:

2023 OA-068

2023 OA-068 FISCAL NOTE

2023 OA-068 Memo to Towns

2023 OA-068 TOWN TALLY SHEET

In Support: Renee Lauber

Opposed: none

A motion was made by DOOLAN, seconded by BOLLIG, that the Ordinance be

recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandMCGINNITY

2 - KIEFERandRATCLIFF

Ayes:

Excused:

I. Items Requiring Committee Action

2023

Site Plan Review for the relocation of a farm residence within the AT-35

ACT-261

Farmland Preservation Zoning District

Applicant: James Hamilton (Stagecoach LLC)

Location: 7946 Paulson Road, Section 1, Town of Springdale

Attachments:

Site Plan Review, Stagecoach LLC, Sec 1, Springdale.pdf

In support Gary Karls

A motion was made by BOLLIG, seconded by MCGINNITY, that the site plan for

the replacement farm residence be approved with one condition. The motion

carried by the following vote: 3-0.

1. The existing residence shall be removed within 90 days after occupying the

new residence.