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, January 23, 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 and Allen  
3 - JERRY BOLLIG, MICHELE DOOLAN, and TIM KIEFER  
Present  
2 - KATE MCGINNITY, and MELISSA RATCLIFF  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
2023  
January 23, 2024 ZLR Registrants  
RPT-495  
Attachments:  
January 23rd ZLR registrations  
C. Consideration of Minutes  
2023  
January 9, 2024 ZLR Committee Meeting Minutes  
MIN-460  
Attachments:  
01-09-2023 ZLR Work Meeting Minutes  
A motion was made by BOLLIG, seconded by KIEFER, that the January 9, 2024  
meeting minutes be approved. The motion carried by the following vote: 3-0.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
11997  
PETITION: REZONE 11997  
APPLICANT: GREG DUCKERT IRREV TRUST  
LOCATION: 2296 TOWER ROAD, SECTION 24, TOWN OF  
PLEASANT SPRINGS  
CHANGE FROM: RR-16 Rural Residential District TO RM-16 Rural  
Mixed-Use District  
REASON: change zoning district to allow an expanded set of land uses  
for future buyers  
Attachments:  
11997 Staff Report  
11997 Site Buildings Map  
11997 Zoning violation letter  
11997 PLEASANT SPRINGS MAP  
11997 APP  
In Support: Greg Duckert, Toni Gardner  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
postponed due to no town action and to allow time for the violation to be  
corrected. The motion carried by the following vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
11998  
PETITION: REZONE 11998  
APPLICANT: VALCON LLC (JEFF VALENTINE)  
LOCATION: 8330 US HWY 14, SECTION 11, TOWN OF CROSS  
PLAINS  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: create residential lot to correct land use violation  
Attachments:  
11998 Staff Report  
11998 Town Action  
11998 Violation Notice - Illegal Structures Placement  
11998 CROSS PLAINS MAP  
11998 APP  
In Support: Jeff Valentine  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
postponed to allow time for the applicant to get Wisconsin DOT access approval.  
The motion carried by the following vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
11999  
PETITION: REZONE 11999  
APPLICANT: JOHN AND CLARISE KALSCHEUR (C/O KIP  
KALSCHEUR)  
LOCATION: EAST OF 9180 W. MINERAL POINT RD, SECTION 20,  
TOWN OF CROSS PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments:  
11999 Staff Report  
11999 density  
11999 CROSS PLAINS MAP  
11999 APP  
In Support: none  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
postponed to allow time for town action. The motion carried by the following  
vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
12000  
PETITION: REZONE 12000  
APPLICANT: BARMAN LIVING TR (JOE BARMAN)  
LOCATION: 3818 GARFOOT RD, SECTION 20, TOWN OF CROSS  
PLAINS  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-2 Rural  
Residential District  
REASON: create two residential lots via transfer of development rights  
(TDR), transferring a density unit from property owned by Ziegler in  
section 10 (parcels 070710183200 & 070703492500) to the Barman  
property  
Attachments:  
12000 Ord Amend  
12000 Staff Report  
12000 Town Action  
12000 TDR-R density study  
12000 TDR-S density study-revised  
12000 DR allocation  
12000 TDR Easement  
12000 Previous TDR (11973) notice  
12000 CROSS PLAINS MAP  
12000 APP  
In Support: Joseph Barman  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 3-0.  
1. A deed notice shall be recorded on CSM Lots 1 and 2 that indicates they were  
created by a transfer of development rights.  
2. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning  
district shall be assigned to the new residential CSM lots.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
12001  
PETITION: REZONE 12001  
APPLICANT: ELIZABETH J KRANTZ (C/O WAYNE KRANTZ)  
LOCATION: 3419 CTH P, SECTION 34, TOWN OF CROSS PLAINS  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-4 Rural  
Residential District, FP-1 Farmland Preservation District TO RR-8 Rural  
Residential District  
REASON: create two residential lots and one agricultural lot  
Attachments:  
12001 Ord Amend  
12001 Staff Report  
12001 Town Action  
12001 density  
12001 CROSS PLAINS MAP  
12001 APP  
In Support: Wayne Krantz  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 3-0.  
1. The recorded certified survey map shall designate access points as approved  
by the County Highway Department.  
2. Public road right of way along Lots 1 and 2 shall be dedicated for highway use  
a minimum of 40 feet from the centerline of CTH J.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
12002  
PETITION: REZONE 12002  
APPLICANT: HALCYON TR (RON & SHEILA ENDRES)  
LOCATION: 3269 MOUND VIEW RD, SECTION 31, TOWN OF  
MIDDLETON  
CHANGE FROM: AT-5 Agriculture Transition District TO RR-4 Rural  
Residential District, AT-5 Agriculture Transition District TO NR-C Natural  
Resource Conservation District  
REASON: shift property line between adjacent landowners to expand  
conservancy land  
Attachments:  
12002 Staff Report  
12002 MIDDLETON MAP  
12002 APP  
In Support: Kevin Thusius  
Opposed: none  
Neither in Support nor Opposed: Chad Ge  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
postponed to allow time for town action. The motion carried by the following  
vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
Ayes:  
2 - MCGINNITYandRATCLIFF  
Excused:  
12003  
PETITION: REZONE 12003  
APPLICANT: SCREAMIN' NORWEGIAN FARMS LLC (PUNKY SKAAR)  
LOCATION: 1885 SKAAR RD, SECTION 26, TOWN OF COTTAGE  
GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO SFR-1  
Single Family Residential District  
REASON: create two residential lots via transfer of development rights  
(TDR) from owner's other parcels 0711-354-9500-3 & 0711-361-9000-9  
Attachments:  
12003 Ord Amend  
12003 Staff Report  
12003 Town Action  
12003 TDR Exhibit  
12003 Email request to change sending property  
12003 COTTAGE GROVE MAP  
12003 COTTAGE GROVE rev  
In Support: Neli Skaar  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 3-0.  
1. Owner shall record a deed restriction on the sending property (tax parcel  
0711-361-9000-9) stating the following:  
a. Residential development is prohibited on the remaining FP-35 zoned land  
(NE 1/4 of the NE 1/4, section 36, Town of Cottage Grove). The housing density  
rights for the original Steven and Gary Swalheim farm have been exhausted per  
the Town Comprehensive Plan density policies.  
2. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning  
district shall be applied to the two SFR-1 lots.  
3. A deed notice document shall be recorded on the two SFR-1 lots being created  
by Certified Survey Map indicating the lots were created by a transfer of  
development rights.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
12004  
PETITION: REZONE 12004  
APPLICANT: KRISTEN AND RANDY SWENSON  
LOCATION: 2326 SKAALEN RD, SECTION 34, TOWN OF PLEASANT  
SPRINGS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District, RR-2 Rural Residential District TO RR-4 Rural  
Residential District  
REASON: expand the size of a residential lot  
Attachments:  
12004 Ord Amend  
12004 Staff Report  
12004 Town Action  
12004 PLEASANT SPRINGS MAP  
12004 APP  
In Support: Kristen Swenson  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be  
recommended for approval with no conditions. The motion carried by the  
following vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
02610  
PETITION: CUP 02610  
APPLICANT: SN WINDY ACRES LLC (SCOTT NIEBUHR)  
LOCATION: 3160 COUNTY HWY J, SECTION 1, TOWN OF  
SPRINGDALE  
CUP DESCRIPTION: renew CUP to allow transient or tourist lodging  
(airbnb)  
Attachments:  
CUP 2610 Staff Report  
CUP 2610 Previous CUP 2504  
CUP 2610 SPRINGDALE MAP  
CUP 2610 APP  
In Support: Scott Niebuhr  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Conditional Use  
Permit be postponed to allow time for town action. The motion carried by the  
following vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
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  
A motion was made by KIEFER, seconded by BOLLIG, to amend the Ordinance  
Amendment by modifying text in lines 235-236 to insert the words "If the owner  
operates a business that is open to the public" before the current condition  
language.  
The motion failed by the following roll call vote: 1-2 (Ayes KIEFER, Noes  
DOOLAN and BOLLIG)  
In Support: Renee Lauber, Town of Verona Supervisor Tom Mathies  
Opposed: none  
A motion was made by KIEFER, seconded by BOLLIG, that the Ordinance  
Amendment be postponed to allow the statutory 30 days for town actions. The  
motion carried by the following roll call vote: 3-0.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous  
meetings  
F. Plats and Certified Survey Maps  
2023 LD-011 Preliminary Plat - Swalheim Business Park  
Town of Cottage Grove  
Staff recommends denial based on issues with Land Suitability, Ch.  
75.13  
Attachments:  
Swalheim report  
Swalheim Letter_01-03-24  
11960 CAL Notice  
210194-Preliminary Plat 111523  
acceptance  
Hydric Soils Map  
SM2022-0366 Permit Card 2023-03-21 134743  
SM2022-0366 Permit Review Letter 2023-03-21  
A motion was made by KIEFER, seconded by BOLLIG, that the preliminary plat be  
denied. The motion carried by the following vote: 3-0.  
Finding of fact: The plat was determined to be unsuitable per Ch. 75.13 for the  
following reasons:  
1. Lots 3, 4, 5, 6, 9, and 10 do not have the adequate soils to support an on-site  
septic systems. Holding tanks are not permitted for new commercial  
development per the Town Plan policies.  
2. Lots 4 and 5 have the potential of future flooding. The lots are directly adjacent  
to wetlands and approximately 2 to 4 feet above the pond level on the adjacent  
lot. The Soil Evaluator identified standing water on lots 4 and 5. The area is being  
artificially drained with drain tile which could present flooding issues when  
disturbed by development.  
3 - BOLLIG,DOOLANandKIEFER  
2 - MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
G. Resolutions  
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  
4.  
Sponsors:  
DOOLAN and BOLLIG  
Attachments:  
2023 OA-068  
2023 OA-068 FISCAL NOTE  
2023 OA-068 Memo to Towns  
No action taken, see actions above under the public hearing item.  
I. Items Requiring Committee Action  
J. Reports to Committee  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by KIEFER, seconded by BOLLIG, to adjourn the meeting at  
8:30pm. The motion carried unanimously.