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?

Tuesday, October 24, 2023

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 October 24, 2023 Zoning and Land Regulation

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, TIM KIEFER, KATE MCGINNITY, and

MELISSA RATCLIFF

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

No comments made by the public.

October 24, 2023 ZLR Committee registrants

2023

RPT-366

Attachments: Oct 24 ZLR registrations

C. Consideration of Minutes

October 18, 2023 ZLR Committee Meeting Minutes

2023

MIN-355

Attachments: 10-18-23 ZLR Work Meeting Minutes

A motion was made by RATCLIFF, seconded by MCGINNITY, to approve the

minutes of the October 18, 2023 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

11978

PETITION: REZONE 11978

APPLICANT: DIANE L. EVERSON TR

LOCATION: 120 AARBACK RD, SECTION 1, TOWN OF ALBION

CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural

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

Farmland Preservation District

REASON: separate existing residence from farmland and create one

agricultural lot

Attachments: 11978 Ord Amend

In support: Dan Higgs

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: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11979

PETITION: REZONE 11979

APPLICANT: JOHN AND SARA BOTHUM

LOCATION: 1450 PLEASANT HILL RD, SECTION 2, TOWN OF

DUNKIRK

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

Residential District

REASON: separating existing residence from farmland

Attachments: 11979 Ord Amend

In support: John Bothum

Opposed: none

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

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

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11980

PETITION: REZONE 11980

APPLICANT: KLAHN REV TRUST

LOCATION: 190 COUNTY HIGHWAY MM, SECTION 30, TOWN OF

RUTLAND

CHANGE FROM: FP-35 Farmland Preservation District TO UTR Utility,

Transportation and ROW District

REASON: lot line adjustment between owners to expand the electrical

substation

Attachments: 11980 Ord Amend

In support: Jessica Bahr

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: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11981

PETITION: REZONE 11981

APPLICANT: DEER CREEK SPORT & CONSERVATION CLUB INC

LOCATION: 8475 MILLER RD, SECTION 10, TOWN OF PRIMROSE

CHANGE FROM: FP-35 Farmland Preservation District TO RE

Recreational District

REASON: zoning to allow for recreational use (extension of an existing

shooting range)

Attachments: 11981 Staff Report

11981 Town Action

11981 DEER CREEK plea for approval.pdf

11981 UW soil Lead-PAH report.pdf

11981 opposition - Reynolds.pdf

11981 opposition - S Kruse.pdf

11981 opposition - neighbors.pdf

11981 PRIMROSE

11981 MAP

Motion by KIEFER to postpone action on the Zoning Petition, to allow the

applicants time to work with the town to amend the petition. Motion failed due to

lack of a second.

In support: Ray Gilden

Opposed: Martha Gibson, Glenn Reynolds, Rebecca Rankin, Sandy Kruse, JoAnn Bray,

Brad Clerkin

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

Petition be recommended for denial, based on the town's recommendation for

denial and the proposal being inconsistent with the Town of Primrose

Comprehensive Plan policies.

KIEFER called for a roll call vote. The motion carried by the following vote: 4-1,

KIEFER voting Nay.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

02607

PETITION: CUP 02607 TOWN DENIED - NULL AND VOID

APPLICANT: DEER CREEK SPORT & CONSERVATION CLUB INC

LOCATION: 8475 MILLER RD, SECTION 10, TOWN OF PRIMROSE

CUP DESCRIPTiON: REVISE ACTIVITIES FOR AN EXISTING SPORT

AND CONSERVATION CLUB TO ALLOW INDOOR ENTERTAINMENT

AND ACTIVE OUTDOOR RECREATION (CLUBHOUSE AND SHOOTING

RANGE)

Attachments: CUP 2607 Denial (Deer Creek) Primrose Sec 10

CUP 2607 Staff Report

CUP 2607 Town Action

CUP 2607 DEER CREEK plea for approval.pdf

CUP 2607 DEER CREEK BEST MANAGEMENT PRACTICES FOR

LEAD.pdf

CUP 2607 EPA Shooting Range BMP

CUP 2607 UW soil Lead-PAH report.pdf

CUP 2607 opposition - Reynolds.pdf

CUP 2607 opposition - S Kruse.pdf

CUP 2607 opposition - T Kruse.pdf

CUP 2607 opposition - neighbors.pdf

CUP 2607 MAP

CUP 2607 APP

In Support: Ray Gilden

Opposed: Sandy Kruse, Glenn Reynolds, Rebecca Rankin, JoAnn Bray, Tim Kruse, Brad

Clerkin

Assistant Zoning Administrator Rachel Holloway informed the Committee that

CUP petition #2607 has been rendered null and void due to the town's denial.

02608

PETITION: CUP 02608

APPLICANT: RICHARD CLUTSON REV TRUST & PATRICIA ZIEBOL

LOCATION: 2229 WILLIAMS POINT DRIVE, SECTION 19, TOWN OF

PLEASANT SPRINGS

CUP DESCRIPTION: allow an accessory building to be up to 16 feet in

height

Attachments: CUP 2608 Staff Report

In Support: Marcia Tarrant, Margaret Stine

Opposed: None

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

Use Permit be approved with conditions. The motion carried by the following

vote: 5-0.

1. The physical development and operation of the conditional use must conform,

in all respects, to the approved site plan, operational plan and phasing plan.

2. 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.

3. 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.

4. 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.

5. 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.

6. All vehicles and equipment must access the site only at approved locations

identified in the site plan and operations plan.

7. Off-street parking must be provided, consistent with s. 10.102(8).

8. 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.

9. 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.

10. The owner must post, in a prominent public place and in a form approved by

the zoning administrator, a placard with the approved Conditional Use Permit

number, the nature of the operation, name and contact information for the

operator, and contact information for the Dane County Zoning Division.

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. If any use allowed by an approved conditional use permit is

abandoned for one year or more, the associated conditional use permit shall be

terminated. Future re-establishment of an abandoned conditional use shall

require approval of a new conditional use permit.

13. The second floor of the accessory building shall not be used for habitable

purposes.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

E. Zoning Map Amendments and Conditional Use Permits from previous meetings

11972

PETITION: REZONE 11972

APPLICANT: DAVID R OLSON

LOCATION: CTH W / EAST OF 1326 KAASE RD, SECTION 31, TOWN

OF CHRISTIANA

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

Residential District

REASON: creating one residential lot

Attachments: 11972 Ord Amend

11972 Revised Preliminary CSM

11972 CHRISTIANA MAP

11972 APP amended

In Support: Jacob France

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

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

the following vote: 5-0.

1. A deed restriction shall be recorded on tax parcels 061232390907,

061231495010, and 061231480800 stating the following:

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

zoned land. The housing density rights for the original 1979 farm have been

exhausted per the Town Comprehensive Plan density policies.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

F. Plats and Certified Survey Maps

G. Resolutions

H. Ordinance Amendment

I. Items Requiring Committee Action

J. Reports to Committee

K. Other Business Authorized by Law

Zoning Administrator Roger Lane informed the Committee that the November

14th regular work meeting agenda will include an annual public forum to

evaluate the performance of the Planning & Development and Register of Deeds

departments, in accordance with Dane County's Chapter 7 ordinance.

L. Adjourn

A motion was made by BOLLIG, seconded by MCGINNITY, to adjourn the meeting

at 7:51 PM. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes: