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, December 17, 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 December 17, 2024 ZLR Committee meeting to order at  
6:30 PM in Room 354 of the City-County Building.  
Staff present: Violante, Lane, Holloway, Everson  
5 -  
Present  
JERRY BOLLIG, MICHELE DOOLAN, JEFFREY KRONING, DON POSTLER, and  
MICHELE RITT  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
December 17, 2024 ZLR Registrants  
C. Consideration of Minutes  
November 19, 2024 ZLR Committee Meeting Minutes  
A motion was made by KRONING, seconded by BOLLIG, that the November 19,  
2024 meeting minutes be approved. The motion carried by the following vote:  
5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 12119  
APPLICANT: DOLORES C FLOGEL SURVIVORS TRUST (STEVE FLOGEL)  
LOCATION: NORTHWEST OF 10477 MIDLAND ROAD, SECTION 21, TOWN OF BLACK EARTH  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1 Farmland Preservation District  
REASON: creating an agricultural lot  
Attachments: 12119 Ord Amend  
In support: Steve Flogel, Thomas Flogel  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12120  
APPLICANT: DUANE L & DOROTHY J SKAAR JT REV LIVING TRUST  
LOCATION: 1210 KOSHKONONG ROAD, SECTION 17, TOWN OF CHRISTIANA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential and RR-4  
Rural Residential District  
REASON: creating two residential lots for existing residences  
Attachments: 12120 Ord Amend  
In support: Linda Skaar  
Opposed: none  
A motion was made by KRONING, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval with one condition. The motion carried by the  
following vote: 5-0.  
1. The CSM shall show the location of any existing septic system(s) and distance  
from lot lines.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12121  
APPLICANT: RANDALL AND MAUREEN GABER  
LOCATION: 3897 VILAS HOPE RD, SECTION 19, TOWN OF COTTAGE GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1 Farmland Preservation District  
and RR-2 Rural Residential District, RR-2 Rural Residential District TO FP-1 Farmland  
Preservation District  
REASON: adjust the boundary of an existing residential lot  
Attachments: 12121 Ord Amend  
In support: Randy Gaber  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be recommended for approval with one condition. The motion carried by the  
following vote: 5-0  
1. A shared driveway access easement agreement shall be provided that serves  
Lots 1 and 2 of the CSM.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12122  
APPLICANT: PHILLIP AND LEAOTA BRAITHWAITE  
LOCATION: NORTH OF 4952 TOWER LINE RD, SECTION 35, TOWN OF MEDINA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District  
REASON: creating one residential lot  
Attachments: 12122 Ord Amend  
In support: Phillip Braithwaite  
Opposed: none  
A motion was made by KRONING, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval with two conditions. The motion carried by the  
following vote: 5-0.  
1. The road shall be formally named by the Town of Medina as part of the CSM  
process, so that it appears on County maps.  
2. Prior to issuing a zoning permit for the new house on the lot proposed with  
Rezone petition 12122, new addresses shall be assigned for both the new home  
and the existing home at 4952 Tower Line Rd.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12124  
APPLICANT: CARMEN AND CHERYL SKJOLAAS  
LOCATION: 1649 COUNTY HIGHWAY B, SECTION 24, TOWN OF PLEASANT SPRINGS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural Residential District  
REASON: creating one residential lot  
Attachments: 12124 Ord Amend  
In support: Cheryl Skjolaas, Brad Ederer  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02646  
APPLICANT: GEORGE AND TIFFANY CORRIGAN  
LOCATION: 2168 COLLADAY POINT DRIVE, SECTION 23, TOWN OF DUNN  
CUP DESCRIPTION: limited family business - consultant  
In support: George Corrigan  
Opposed: none  
A motion was made by KRONING, 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:  
5-0.  
Standard Conditions for all Conditional Use Permits from 10.101(7):  
1. Any conditions required for specific uses listed under s. 10.103 (see below).  
2. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
3. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
4. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
5. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
6. 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.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
8. Off-street parking must be provided, consistent with s. 10.102(8).  
9. If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be borne by the landowner. Costs borne by the landowner shall be proportional  
to the incremental increase in traffic associated with the proposed conditional  
use.  
10. 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. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit.  
Conditions specific to CUP # 2646:  
13. Hours of business operation shall be primarily 7 am to 5 pm, with occasional  
evenings, nights, or weekends.  
14. Number of employees is limited to one person, who must reside at the  
property. Any other employees that visit the property shall be limited to  
infrequent visits of short duration during the hours of 7 am to 5 pm and shall not  
exceed one person at a time.  
15. Two external, downward facing lights are allowed on the new accessory  
building, so long as the light does not spill on to the neighboring properties.  
16. Trash and recycling collection and bins for the business shall be limited to  
what is provided to the residence by the Town’s contracted trash and recycling  
vendor.  
17. All business-related materials must be stored indoors.  
18. The sanitary for the bathroom in the accessory building must connect to  
sanitary system. Sanitary fixtures must be removed when the limited family  
business ceases to operate or the CUP terminates.  
19. Human habitation is not allowed in the accessory building.  
20. Customers or clients are not allowed to come to the property.  
21. No storage of hazardous, toxic, or explosive materials may occur on site.  
22. There may be no industrial or manufacturing uses on the property. Any water  
discharge to the ground must be composed entirely of storm water.  
23. Signage is limited to one sign on a building and shall not be illuminated.  
24. The CUP shall automatically expire on sale of the property or the business to  
an unrelated third party.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02647  
APPLICANT: ANDREW M DAVEY (C/O TRAVIS LEESER)  
LOCATION: 4276 JORDAN DRIVE, SECTION 8, TOWN OF DUNN  
CUP DESCRIPTION: accessory building over 12 feet in average height (16 feet proposed)  
In support: Andrew Davey, Travis Leeser  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING,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:  
5-0.  
Standard Conditions for all Conditional Use Permits from 10.101(7):  
1. Any conditions required for specific uses listed under s. 10.103 (see below).  
2. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
3. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
4. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
5. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
6. 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.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
8. Off-street parking must be provided, consistent with s. 10.102(8).  
9. If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be borne by the landowner. Costs borne by the landowner shall be proportional  
to the incremental increase in traffic associated with the proposed conditional  
use.  
10. 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. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit.  
Conditions specific to CUP # 2647:  
13. The applicant shall record a deed restriction with the Dane County Register of  
Deeds that limits the accessory building to storage use and prohibits its use as  
residential dwelling space.  
14. The accessory building may not be used for any commercial, business, or  
industrial activities.  
15. The accessory building may not be used for human habitation.  
16. Plumbing is not allowed in the accessory building.  
17. Any external lighting shall be restricted to safety lights at the entrance and  
exists of the building. Lighting must be dark skies compliant and no light shall  
spill over the neighboring property line.  
18. Stormwater resulting from the accessory building must be managed on site.  
19. The accessory building may not be any taller than 21 feet at the peak of the  
roof and the average height, measured from the lowest eave to the peak of the  
roof, shall be no higher than 16 feet.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF  
ORDINANCES, INCORPORATING AMENDMENTS TO THE Town of  
BURKE Comprehensive Plan INTO THE DANE COUNTY  
COMPREHENSIVE PLAN  
ROSE, KRONING and RYLANDER  
Sponsors:  
Attachments:  
In support: none  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Ordinance be  
recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
PETITION: REZONE 12095  
APPLICANT: TOWN OF DUNN  
LOCATION: SECTION 2, TOWN OF DUNN  
CHANGE FROM: FP-35 Farmland Preservation District TO AT-35 Agriculture Transition District  
REASON: town-initiated blanket rezone of properties for consistency with the Dane County  
Farmland Preservation Plan and s. 91.38, Wisconsin Statutes.  
Attachments: 12095 Ord Amend  
A motion was made by KRONING, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12106  
APPLICANT: TOWN OF VERONA  
LOCATION: MULTIPLE PROPERTIES (SEE LIST), SECTION 29, TOWN OF VERONA  
CHANGE FROM: FP-35 Farmland Preservation District TO AT-35 Agriculture Transition District  
REASON: Town-initiated blanket rezone for consistency with the Dane County Farmland  
Preservation Plan and s. 91.38, Wisconsin Statutes  
Attachments: 12106 Ord Amend  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12115  
APPLICANT: JOHN AND ELIZABETH BECKER  
LOCATION: DAENTL ROAD EAST OF 4313 BUCKLEY RD, SECTION 8, TOWN OF BURKE  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-8 Rural Residential District  
REASON: creating one residential lot  
Attachments: 12115 Ord Amend  
In support: Charles "Buck" Sweeney  
A motion was made by KRONING, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 5-0.  
1. The Certified Survey Map shall delineate a 100’ x 100’ building envelope area  
located in the northern portion of the property outside of the wetlands and buffer  
area. A note shall be added to the Certified Survey Map stating that, “All  
buildings constructed on the property shall be within the building envelope area  
as part of the conditions of approval by Dane County Zoning and Land Regulation  
Committee under Zoning Petition #12115”.  
2. A note shall be added to the certified survey map which states, “The property  
has indicators which identify the area is prone to flooding. Any building floor  
level or basement floor level shall have an elevation no lower than 862 feet  
ASL”.  
3. A deed restriction shall be recorded on the property identifying the potential of  
flooding. The deed restriction shall state, “The property has indicators which  
identify the area is prone to flooding. Any building floor level or basement floor  
level shall have an elevation no lower than 862 feet ASL”.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12118  
APPLICANT: DANIEL AND KAY BREUNIG  
LOCATION: 6625 VIADUCT ROAD, SECTION 11, TOWN OF DANE  
CHANGE FROM: GC General Commercial District TO FP-35 Farmland Preservation District,  
GC General Commercial District TO RR-4 Rural Residential District, FP-35 Farmland  
Preservation District TO RR-4 Rural Residential District  
REASON: reconfiguring two existing residential lots and creating one residential lot - transfer of  
development right  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be postponed at the applicants' request, to allow additional time to possibly  
amend the petition. The motion carried by the following vote: 4-0-1 (Supervisor  
POSTLER abstaining).  
4 - BOLLIG,DOOLAN,KRONINGandRITT  
1 - POSTLER  
Ayes:  
Abstain:  
PETITION: CUP 02645  
APPLICANT: STEPHEN KUHN  
LOCATION: 4216 MORRIS PARK ROAD, SECTION 8, TOWN OF DUNN  
CUP DESCRIPTION: transient or tourist lodging  
A motion was made by BOLLIG, seconded by KRONING, to suspend the rules and  
allow Mr. Horn to speak as he had attempted to speak at the November public  
hearing and was unable to do so. The motion carried by the following vote: 5-0  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
In support: Stephen Kuhn  
Opposed: Michael Horn  
A motion was made by BOLLIG, seconded by KRONING, 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:  
5-0.  
Standard Conditions for all Conditional Use Permits from 10.101(7):  
1. Any conditions required for specific uses listed under s. 10.103 (none).  
2. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
3. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
4. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
5. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
6. 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.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
8. Off-street parking must be provided, consistent with s. 10.102(8).  
9. If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be borne by the landowner. Costs borne by the landowner shall be proportional  
to the incremental increase in traffic associated with the proposed conditional  
use.  
10. 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. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit.  
Conditions specific to CUP # 2645:  
13. The rental period shall be between a minimum of 7 days to a maximum of 29  
days.  
14. The maximum number of allowable rental days within a 365-day period is 180  
days. This 180-day period must run consecutively. The landowner must notify the  
Town of Dunn Clerk in writing when the first rental within a 365-day period  
begins.  
15. There shall be no advertising that is inconsistent with Condition #13 and  
Condition #14. Advertisements must be consistent with Condition #13 and  
Condition #14 prior to the issuance of a Conditional Use Permit.  
16. Applicant shall not advertise for, nor accept reservations for, more than 10  
guests over 11 years old and no more than 10 total guests.  
17. Applicant shall designate off-street parking spaces for renters on the property  
and limit the number of renter vehicles, trailers, and recreational items not to  
exceed 4 parking spaces. The 4 designated parking spaces shall match the  
parking map provided in the application, which is 2 spots in the garage and 2  
spots in the driveway. Parking space limit shall appear in all advertising for the  
short-term rental. House rules must instruct guests to park in the designated  
parking stalls.  
18. The applicant shall provide the Town Clerk with the license plate numbers of  
all guests’ vehicles, trailers, and recreational items prior to their arrival.  
19. There shall be quiet hours from 10 pm to 7 am, measured as no guest noise  
that exceeds 40 dBA at the property line.  
20. No outdoor amplified music is allowed at the property.  
21. Any external lighting shall be restricted to safety lights at the entrance and  
exits of buildings. Lighting must be dark skies compliant and no light shall spill  
over neighboring property line.  
22. The applicant shall provide a phone number to neighbors within 300 feet,  
which can be reached if there is a problem at the property.  
23. Holder of the CUP is required to obtain all necessary local, county, state, and  
federal permits and licenses related to the transient and tourist lodging  
operation.  
24. The CUP will terminate when the property is sold.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
F. Plats and Certified Survey Maps  
Final Plat - Riverside Vista  
Town of Verona  
Consideration of the September 24, 2024 conditional approval and execution of  
the plat pursuant to established committee policy.  
Staff recommends the chairperson to sign and date the final plat and proceed  
with recording.  
Attachments: conditions  
A motion was made by KRONING, seconded by POSTLER, that the final plat be  
signed by the chairperson. The motion carried by the following vote: 4-0.  
Chair DOOLAN signed the plat.  
4 - DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
1 - BOLLIG  
Excused:  
G. Resolutions  
H. Ordinance Amendment  
AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF  
ORDINANCES, INCORPORATING AMENDMENTS TO THE Town of  
BURKE Comprehensive Plan INTO THE DANE COUNTY  
COMPREHENSIVE PLAN  
ROSE, KRONING and RYLANDER  
Sponsors:  
Attachments:  
No action taken (see above)  
I. Items Requiring Committee Action  
J. Reports to Committee  
K & D Stone inspection report  
Town of Rutland  
CUP 2582 Mineral Extraction  
Assistant Zoning Administrator Dan Everson presented a staff report to the  
Committee on the findings of the site inspection, and Zoning Administrator Roger  
Lane shared additional information on the subject of outdoor storage.  
K. Other Business Authorized by Law  
Discussion of Corporation Counsel’s opinion letter regarding the  
processing of conditional use permits and future changes to the  
zoning ordinance under Ordinance Amendment 2024 OA-023.  
Zoning Administrator Roger Lane presented information on the history of CUP  
processes in Dane County, from the original 1938 Zoning Ordinance to changes  
made in later years to the Ordinance, and changes made to Wisconsin Statutes.  
L. Adjourn  
A motion was made by BOLLIG, seconded by KRONING, to adjourn the meeting  
at 8:15 PM. The motion carried unanimously.