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, November 19, 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 November 19, 2024 Zoning and Land Regulation  
meeting to order at 6:30 PM.  
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.  
November 19, 2024 ZLR Registrants  
2024  
RPT-379  
Attachments: November 19 ZLR registrations  
C. Consideration of Minutes  
October 22, 2024 ZLR Committee Meeting Minutes  
2024  
MIN-295  
Attachments: 10-22-2024 ZLR Public Hearing Minutes  
A motion was made by KRONING, seconded by BOLLIG, to approve the minutes  
of the October 22, 2024 ZLR Committee meeting. The motion carried by the  
following vote: 5-0.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 12113  
12113  
APPLICANT: GORDON AND ASHLEY BRUNNER  
LOCATION: NORTH OF 4419 COUNTY HIGHWAY F, SECTION 7, TOWN OF VERMONT  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District  
REASON: creating one residential lot  
Attachments: 12113 Ord Amend  
12113 Staff Report  
12113 Town Action  
12113 Density  
12113 APP  
12113 Map  
In support: none  
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. The CSM shall be recorded within 6 months of County Board approval on the  
rezone (a 6 month “delayed effective date” per the applicant’s request).  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12114  
12114  
APPLICANT: JAMES P GARFOOT  
LOCATION: 9234 JIM GARFOOT CIRCLE AND SOUTH OF JIM GARFOOR ROAD, SECTION 17,  
TOWN OF CROSS PLAINS  
CHANGE FROM: RR-4 Rural Residential District TO RR-2 Rural Residential District, FP-1  
Farmland Preservation District TO RR-8 Rural Residential District  
REASON: create one new residential lot using transfer of development rights and modify other  
existing lot boundaries  
Attachments: 12114 Ord Amend  
12114 Staff Report  
12114 Town Action  
12114 Density Study (sending property)  
12114 APP  
12114 MAP  
In support: Mark Rooney  
Opposed: none  
A motion was made by KRONING, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval with conditions. The motion carried by the  
following vote: 5-0.  
1. An agricultural conservation easement shall be recorded on the TDR-S sending  
property (Tax parcel #070734380002).  
2. A deed restriction shall be recorded on the balance of FP-35 zoned land from  
the original Arnold Miller Trust farm prohibiting nonfarm development, as the  
housing density rights have been exhausted (tax parcel #s: 070734293900,  
070734388500, 070734395005, and 070734390000).  
3. A deed restriction shall be recorded on the proposed FP-1 parcel owned by  
Garfoot prohibiting residential development (proposed lot 2 of the CSM, current  
tax parcel 0707-173-9300-0).  
4. A TDR-R notice document shall be recorded on the RR-2 receiving property  
(proposed lot 4 of the CSM) indicating that the resident lot was created via a  
transfer of development rights.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12115  
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 Staff Report  
12115 City of Madison comments from 2021  
12115 MAP  
12115 APP  
12115 site elevations  
12115 wetland deliniation  
In support: John Becker, Charles Sweeney  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be postponed to allow time for town action. The motion carried by the following  
vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12116  
12116  
APPLICANT: ZENTNER REV RETIREMENT TR  
LOCATION: 97 SHADY WILLOW ROAD, SECTION 35, TOWN OF RUTLAND  
CHANGE FROM: RM-8 Rural Mixed-Use District TO RR-4 Rural Residential District  
REASON: creating one residential lot  
Attachments: 12116 Ord Amend  
12116 Staff Report  
12116 Town Action  
12116 APP  
12116 MAP  
In support: Deana Zentner, John Blimling  
Opposed: none  
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 12117  
12117  
APPLICANT: VILLAGE EDGE LLC  
LOCATION: NORTH OF 1704 BLUE MOUNDS STREET, SECTION 26, TOWN OF BLACK  
EARTH  
CHANGE FROM: RR-1 Rural Residential District, RM-8 Rural Mixed-Use District, AND FP-35  
Farmland Preservation District TO RR-4 Rural Residential District  
REASON: separating farm buildings from farmland  
Attachments: 12117 Ord Amend  
12117 Staff Report  
12117 Town Action  
12117 Density  
12117 BLACK EARTH  
12117 MAP  
In support: John Halverson  
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. A shared driveway easement shall be recorded for the new lot, the home at  
1704 Blue Mounds Street, and the adjacent farm land.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: REZONE 12118  
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  
Attachments: 12118 Staff Report  
12118 Density Receiving  
12118 Density Sending  
12118 TDR MAP  
12118 APP  
12118 MAP  
In support: none  
Opposed: none  
A motion was made by BOLLIG, seconded by KRONING, that the Zoning Petition  
be postponed to allow time for town action. The motion carried by the following  
vote: 5-0.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02641  
02641  
APPLICANT: SKAAR PIT LLC  
LOCATION: 3355 COUNTY HIGHWAY N, SECTION 28, TOWN OF COTTAGE GROVE  
CUP DESCRIPTION: processing or composting of organic by-products or wastes  
Attachments: CUP 2641 Staff Report  
CUP 2641 Town Action  
CUP 2641 Application Questions full text  
CUP 2641 APP  
CUP 2641 MAP  
In support: Dennis Richardson  
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.  
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 # 2641:  
13. Composting operations to be conducted in locations as depicted on site plan  
submitted with CUP 2641 application.  
14. Manure limited to horse and cattle only.  
15. No on-site storage of raw manure longer than 48 hours.  
16. All DNR and County permits to be in effect for all allowed operations, with  
copies to be filed with the Town Clerk.  
17. Hours of operation to be the same as those specified in the non-metallic CUP  
(M-F, 6am-6pm; Sat 8am-1pm).  
18. Windrows limited to the northern 750 feet of the property.  
19. Operations shall cease no later than ten (10) years from the date of issuance  
of the conditional use permit, or at any time prior if the operator fails to maintain  
required DNR or County permits.  
20. CUP to be reviewed every three years by the Town.  
21. CUP to become effective only upon Rezone Petition #12109 first becoming  
effective.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02642  
02642  
APPLICANT: SKAAR PIT LLC  
LOCATION: 3355 COUNTY HIGHWAY N, SECTION 28, TOWN OF COTTAGE GROVE  
CUP DESCRIPTION: non-metallic mineral extraction (extend existing permit)  
Attachments: CUP 2642 Staff Report  
CUP 2642 Town Action  
CUP 2642 Application Questions full text  
CUP 2642 APP  
CUP 2642 MAP  
In support: Dennis Richardson  
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.  
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 #2642:  
13. The applicant shall submit an erosion control plan covering the entire CUP  
area for the duration of operations, and receive approval of an erosion control  
permit prior to commencing extraction operations.  
14. Operations shall cease no later than ten (10) years from the date of issuance  
of the conditional use permit.  
15. Topsoil shall be saved and stored on site for reclamation of the area.  
Reclamation shall be completed within one year after operations have ceased,  
and shall be phased according to the operations and reclamation plan.  
16. Reclamation shall meet requirements of Chapter 74 of the Dane County Code  
of Ordinances (DCCO). The current reclamation plan on file with Dane County  
will need to be modified as per DCCO Ch. 74.231.  
17. The operator shall post and maintain at all times a bond or irrevocable letter  
of credit in favor of Dane County, as required by Chapter 74 of the DCCO, to  
ensure compliance with the reclamation plan.  
18. Hours of operations, except for crushing, screening, and washing shall be  
from 6 a.m. to 6 p.m., Monday through Friday, and from 8 a.m. to 1 p.m. on  
Saturday. Crushing, screening and washing shall not occur before 7 a.m. on  
Monday through Friday and 8 a.m. on Saturday. No operations of any kind shall  
take place on Sundays or legal holidays. Hours may be extended on a per need  
basis by approval of the Town Chair/Board, with written notification being given  
to Dane County Zoning.  
19. Access with be paved a minimum of 150 feet.  
20. Trucks shall exit the site onto Natvig Road where they can then access CTH N.  
21. There shall be a safety fence with a minimum 4-foot height around the entire  
extraction area at all times. The existing right-of-way fence, located to the south  
and east of the property, shall be maintained.  
22. The site shall be signed “no trespassing”. When the extraction site is not  
open, the access road onto CTH N shall have gates securely locked.  
23. There shall be no blasting or drilling on the site unless approved by the  
Township permitting process, and operator provides written evidence of Town  
permit to Dane County Zoning.  
24. There shall be no bulk fuel stored on the site.  
25. There shall be no high-capacity wells on site unless approved through  
appropriate WisDNR permitting process.  
26. No mining shall take place within 300 feet of Little Door Creek.  
27. All excavation shall be set back a minimum of 20’ from any property line.  
Excavations below the grade of an abutting public street or highway shall be set  
back from the street or highway a distance at least equal to the  
distance that is required for buildings or structures under DCCO s. 10.17 (42 feet  
from Right of Way Line of CTH N and US HWY 12/18). 28. The operator shall  
require all trucks, excavation, crushing, screening and washing equipment to  
have muffler systems which meet or exceed then-current industry standards for  
noise abatement.  
29. The applicant shall meet DNR standards for particulate emissions as  
described in NR 415.076, Wisconsin Administrative Code.  
30. All excavation equipment, plants, and vehicles shall be fueled, stored,  
serviced, and repaired on lands at least 3 feet above the highest water table  
elevation to prevent against groundwater contamination from leaks or spills.  
31. In the event that a mineral extraction operation will destroy an existing  
Public Land Survey Monument, witness monuments must be established in safe  
locations and a new Monument Record filed by a Professional Surveyor, prior to  
excavation and disturbance of the existing monument.  
32. CUP to become effective only upon Rezone Petition #12109 first becoming  
effective.  
33. This CUP is limited to RG Huston only and is not transferrable to a different  
operator.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02643  
02643  
APPLICANT: MATTHEW AND MARCIE SCHMIDT  
LOCATION: 358 LAKE SHORE DRIVE, SECTION 25, TOWN OF ALBION  
CUP DESCRIPTION: transient or tourist lodging (short-term rental)  
Attachments: CUP 2643 Staff Report  
CUP 2643 Town Action  
CUP 2643 APP  
CUP 2643 MAP  
CUP #2643  
In support: Marcie Schmidt  
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.  
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 # 2643:  
13. The applicant shall comply with all licensing and permitting requirements for  
short-term rentals.  
14. Landowner will apply for, obtain and maintain an appropriate transient or  
tourist lodging rental license from Madison/Dane County Department of Public  
Health.  
15. The rental shall be limited to 6 overnight guests.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02644  
02644  
APPLICANT: VILLAGE EDGE LLC  
LOCATION: NORTH OF 1704 BLUE MOUNDS STREET, SECTION 26, TOWN OF BLACK  
EARTH  
CUP DESCRIPTION: animal use exceeding one animal unit per acre  
Attachments: CUP 2644 Staff Report  
CUP 2644 Town Action  
CUP 2644 APP  
CUP 2644 MAP  
In support: John Halverson  
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.  
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 # 2644  
13. Livestock use on the property shall be limited to a maximum of 50 head of  
cattle at any one time.  
14. Owner/Operator shall be responsible for instituting and complying with a  
nutrient management plan and/or animal waste disposal plan written to NR 151  
standards and approved by Dane County Land and Water Resources, as  
applicable.  
15. Owner/Operator shall maintain fencing along Vermont Creek, to keep  
animals from crossing the creek at undesignated (non-driveway) locations.  
16. This conditional use permit shall only become effective upon Rezone Petition  
#12117 for RR-4 zoning becoming effective.  
17. This conditional use permit shall expire in the event the property is sold or  
transferred to an unrelated third party.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
PETITION: CUP 02645  
02645  
APPLICANT: STEPHEN KUHN  
LOCATION: 4216 MORRIS PARK ROAD, SECTION 8, TOWN OF DUNN  
CUP DESCRIPTION: transient or tourist lodging  
Attachments: CUP 2645 Staff Report  
CUP 2645 Town Action  
CUP 2645 Letter in Opposition - Horn  
CUP 2645 APP  
CUP 2645 MAP  
In support: Stephen Kuhn  
Opposed: Mike Horn  
A motion was made by KRONING, seconded by BOLLIG, that the Conditional Use  
Permit be postponed due to opposition. 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 12103  
12103  
APPLICANT: TOWN OF VERMONT  
LOCATION: MULTIPLE (SEE LIST), SECTION 32, TOWN OF VERMONT  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-35 Farmland  
Preservation District  
REASON: Establishing an NR-I (Natural Resource Identification) Overlay Zoning  
District for ridgetop protection areas  
Attachments: 12103 Ord Amend  
12103 Staff Update  
12103 Town Ridetop Protection Building form  
12103 Town Action  
12103 list of affected parcels  
Online NR-I Overlay Zoning Viewer  
12103 map  
12103 APP  
In support: Town of Vermont Plan Commission Chair Tim Pierce  
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  
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 Staff Report  
12106 APP  
12106 Map  
The Committee took no action on the petition; town action is still pending.  
PETITION: CUP 02640  
02640  
APPLICANT: DAN AND MARLENE LAFLEUR  
LOCATION: 3440 MEADOW ROAD, SECTION 32, TOWN OF MIDDLETON  
CUP DESCRIPTION: small-animal boarding facility for 30 dogs  
Attachments: CUP 2640 Staff Update  
CUP 2640 Applicant Letter to ZLR Committee 11.10.24  
CUP 2640 Town Action  
3440 Meadow Road Zoning Notice  
CUP 2640 DNR Concurrence Letter  
CUP 2640 Town Sound Study  
CUP 2640 Four Paws Sound Study 20240516  
CUP 2640 Four Paws Sound Study 20230815  
CUP 2640 APP  
CUP 2640 MIDDLETON MAP  
CUP 2640 Connelly email  
CUP 2640 Devich email  
CUP 2640 Dorosheff email  
CUP 2640 Dumesic Letter  
CUP 2640 Foellings email  
CUP 2640 Froncek 2 email  
CUP 2640 Froncek email  
CUP 2640 Hankes email  
CUP 2640 Johnson J email  
CUP 2640 Johnson M email  
CUP 2640 Komisarek email  
CUP 2640 Mikalofsky J email  
CUP 2640 Mikalofsky P email  
CUP 2640 Radcliffe Letter  
CUP 2640 Vu email  
CUP 2640 Wiegel email  
CUP 2640 Yunke email  
CUP 2640 Froncek submittals to ZLR  
CUP 2640 Public comments after public hearing  
CUP #2640  
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.  
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, building plans, 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. The holder of a conditional use permit  
shall be given a reasonable opportunity to correct any violations prior to  
revocation.  
Conditions specific to CUP # 2640:  
13. That all Town Ordinances are complied with during the life of the CUP.  
14. The Conditional Use approval is limited to parcel number 038/0708-321-8211-1,  
located at 3440 Meadow Rd.  
15. This conditional use permit is for Dan and Marlene La Fleur, doing business  
as Four Paws Pet Services LLC located at 3440 Meadow Road. Specifically, for  
domestic pet animal boarding for dogs and cats and including pet daycare,  
overnight boarding. Ancillary pet grooming/training services are not included.  
16. Quiet hours shall be 6:01 p.m. to 7:29 a.m., all days of the week.  
17. Operating hours for the pet daycare business shall be limited to 7:30 am to  
6:00 pm Monday-Friday, Saturday 10:00am-5:00pm, and Sunday 11:00am –  
2:00pm.  
18. The number of animals kept on site and/or kenneled overnight shall be  
limited to 30.  
19. Any required upgrades to the well and / or septic system as determined by  
Public Health Madison and Dane County shall be made prior to CUP Petition  
#2640 implementation.  
20. To meet the requirements of the Town’s Long and Shared Driveway  
Ordinance §8.01(4)(b)(iv)(2) (page 154/510), one (1) driveway passing lane section  
fifty (50) feet long by twenty (20) ft wide shall be installed 300 ft from the  
property’s Meadow Rd driveway access entrance. If this triggers Dane County  
Stormwater and / or Erosion Control requirements, review by the Town and Dane  
County shall occur and the Town shall require that the Town Stormwater and  
Erosion Control Ordinance is met.  
21. Turnarounds required by Town Code are not required per §8.01(4)(v) (page  
155/510) as the Battalion Chief for the Middleton Fire District in July 23, 2024  
correspondence noted the acceptability of the current configuration.  
22. The CUP expires 1-year after date of issuance. The landowner may renew the  
CUP by successfully obtaining a new CUP prior to the expiration date.  
23. The planned parking is acceptable, as long as the number of stalls identified  
as handicap accessible meets ADA requirements.  
24. Vehicle travel shall be one-way counterclockwise around the buildings.  
25. Signage consisting of a minimum of three (3) “one-way” signs and a  
minimum of one (1) “do not enter” sign shall be installed prior to CUP Petition  
#2640 implementation to ensure the proposed traffic pattern is followed.  
26. One (1) new unlit ground sign, replacing the existing ground sign for the CUP  
1701 horse use in its existing location, is acceptable while meeting Dane County  
Sign Ordinance.  
27. Applicant has indicated no new lighting for the building or signage is  
proposed. If lighting is considered in the future, it must be approved by the Town  
via a site plan review. 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.  
28. That the dog waste be responsibly disposed in a licensed, sanitary landfill.  
29. Complete the sound dampening recommendations of Consonant Design,  
including:  
a. Create airtight seal in building envelope using a barrier material equal to the  
average surface weight per square foot of the exterior wall and roof system and  
closed to an airtight seal using rod backer and permanently-resilient acoustical  
sealant.  
b. Create a partition system at the west entrance to the barn so sound does not  
escape to the exterior when dogs are dropped off and retrieved. This would  
entail the construction of a complete north/south wall just interior of the barn  
facility and the creation of sound lock vestibules (two doors in series separated  
by a vestibule which includes sound absorbing materials) integral to the new  
wall system.  
c. Create a porte cochere at the west entrance that will serve as a  
sound-dampening walkway between the parking lot and the interior of the  
facility. This includes a roofing system of at least five pounds per square foot.  
d. Implement a calibrated sound monitoring system in the barn facility that  
includes visual feedback to employees, such as 1) Green light when sound levels  
interior to the kennel are below acceptable values; 2) Yellow light when sound  
levels are approaching values which would be deemed unacceptable to the  
community; and 3) Red light when sound levels are excessive. Employees would  
then take appropriate actions to calm dogs and reduce noise.  
30. If the animal boarding operation is abandoned for one (1) year or more, this  
conditional use permit shall be terminated. Future re-establishment of an  
abandoned conditional use permit shall require approval of a new conditional  
use permit.  
31. This conditional use permit shall expire in the event the property is sold or  
transferred to an unrelated third party. Continuation or extension of an expired  
conditional use requires re-application and approval by the Town Board and  
Dane County. The Property Owner shall record a deed restriction that includes  
the conditions of approval, in a form approved by the Attorney for the Town.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
F. Plats and Certified Survey Maps  
Final Plat - Timber Lane Preserve  
2024 LD-018  
Town of Middleton  
Consideration of the July 9, 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: conditional approval  
2024-07-03 Timber Lane Preserve - Final Plat  
TimberLanePreserveMiddletonSection31  
A motion was made by KRONING, seconded by BOLLIG, that the final plat be  
signed by the chairperson. The motion carried by the following vote: 5-0.  
Chair DOOLAN signed the plat.  
5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT  
Ayes:  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
Supervisor Bollig requested an update from staff regarding a mineral extraction site in  
Rutland that has been generating comments from concerned town residents. Assistant  
Zoning Administrator Dan Everson provided an update on his site inspection and ongoing  
work with WDNR, Dane County Land and Water Resources, and the Town of Rutland.  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by BOLLIG to adjourn the meeting at 7:43 PM. The motion  
carried unanimously.