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, November 28, 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 ZLR Committee meeting to order at 6:30 PM in Room

354 of the City-County Building.

Staff present: Violante, Lane, Holloway, Everson and Standing

Town officials present: Carl Walser, Kate Gladding, Tim Yanacheck and Jennifer

Hanson (Town of Oregon); Town of Rutland Supervisor Nancy Nedveck

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.

November 28, 2023 ZLR Registrants

2023

RPT-414

Attachments: Nov 28 ZLR registrations final

C. Consideration of Minutes

November 14, 2023 ZLR Committee Meeting Minutes

2023

MIN-399

Attachments: 11-14-23 ZLR Work Meeting Minutes

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

of the November 14, 2023 ZLR Committee meeting. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

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

Ordinance Amendments

11982

PETITION: REZONE 11982

APPLICANT: DALE & KAREN STENJEM

LOCATION: 3144 STATE HWY 134, SECTION 1, TOWN OF

CHRISTIANA

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

Residential District

REASON: separating existing residence from farmland

Attachments: 11982 Ord Amend

In support: Dale and Karen Stenjem

Opposed: none

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: 5-0.

1. Shared driveway access easement(s) shall be recorded for the adjoining

residence at 3148 State Highway 134, as well as for the adjacent agricultural

lands.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11983

PETITION: REZONE 11983

APPLICANT: TOM WATSON

LOCATION: 1746 STATE HWY 73, SECTION 34, TOWN OF

CHRISTIANA

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

Mixed-Use District and RR-2 Rural Residential District

REASON: creating one residential lot

Attachments: 11983 Staff Report

11983 Town Action

11983 Density Study - sending property

11983 Gunnulson Farm Map

11983 CHRISTIANA MAP

11983 APP

In support: Tom Watson

Opposed: none

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

Petition be postponed due to allow time for DOT confirmation on the residential

access. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11984

PETITION: REZONE 11984

APPLICANT: CRAZY ACRES INC

LOCATION: SOUTH OF 782 HILLSIDE ROAD, SECTION 23, TOWN OF

ALBION

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

Mixed-Use District

REASON: creating one residential lot

Attachments: 11984 Ord Amend

In support: Travis Wileman, Dan Higgs

Opposed: none

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

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

following vote: 5-0.

1. Surveyor to verify there is a minimum 66’ width between the RM-16 lot and the

La Rusch property (tax parcel 0512-231-8520-1) on the final CSM.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11985

PETITION: REZONE 11985

APPLICANT: JOEL E HOUGAN

LOCATION: WEST OF 2390 COUNTY HWY BN, SECTION 22, TOWN OF

PLEASANT SPRINGS

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

Residential District and FP-1 Farmland Preservation District

REASON: create one residential lot and two agricultural lots

Attachments: 11985 Staff Report

11985 Town Action

11985 Density Study

11985 PLEASANT SPRINGS MAP

11985 APP

In Support: Joel Hougan

Opposed: Robert Endres

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

Petition be postponed due to opposition from an adjacent landowner. The

motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11986

PETITION: REZONE 11986

APPLICANT: MILJ INVESTMENTS (JOHN SCHNEIDER)

LOCATION: 103 LAKE COURT, SECTION 36, TOWN OF ALBION

CHANGE FROM: SFR-08 Single Family Residential District TO HAM-R

Hamlet Residential District

REASON: zoning to allow residential home reconstruction

Attachments: 11986 Staff Report

11986 ALBION MAP

11986 APP

In Support: John Schneider, Imani Jones, Bryan Earleywine

Opposed: None

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

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

vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11987

PETITION: REZONE 11987

APPLICANT: TOM & KAREN WADDELL FAMILY TRUST

LOCATION: 1066 SUN PRAIRIE RD, SECTION 20, TOWN OF YORK

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

Residential District

REASON: separating existing residence from farmland

Attachments: 11987 Ord Amend

In Support: Tyler Wilkinson

Opposed: none

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

be recommended for approval with no conditions. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11988

PETITION: REZONE 11988

APPLICANT: MAIER FARMS REAL ESTATE LLC

LOCATION: 6545 PATTON ROAD, SECTION 33, TOWN OF VIENNA

CHANGE FROM: RR-2 Rural Residential District TO RR-4 Rural

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

Residential District

REASON: expanding an existing residential lot

Attachments: 11988 Ord Amend

In Support: Patrick Maier

Opposed: none

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

Petition be recommended for approval with no conditions. The motion carried by

the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11989

PETITION: REZONE 11989

APPLICANT: JOSEPH AND ELIZABETH SEMERLING

LOCATION: 2230 & 2240 US HWY 51, SECTION 23, TOWN OF DUNN

CHANGE FROM: RR-2 Rural Residential District TO SFR-08 Single

Family Residential District and RR-1 Rural Residential District

REASON: zoning compliance for land sale

Attachments: 11989 Ord Amend

In Support: Cindy Lehr, Joesph Semerling

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: 5-0.

1. The CSM for the new lot boundaries shall designate a “No Vehicular Access”

restriction along the CTH AB frontage.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02609

PETITION: CUP 02609

APPLICANT: EQUIPMENTSHARECOM INC

LOCATION: EAST OF 3475 N STAR ROAD, SECTION 27, TOWN OF

COTTAGE GROVE

CUP DESCRIPTION: outdoor storage of materials and equipment

Attachments: CUP 2609 Staff Report

CUP 2609 Town Action

CUP 2609 CSM 16140

CUP 2609 Comment Response Letter to Zoning Staff

CUP 2609 Site Plan revised 11-17-23

CUP 2609 Lighting Plans revised 11-17-23

CUP 2609 Comment Response Letter to LWRD

CUP 2609 LWRD Prelim Review PRL 2023-11-2

CUP 2609 Site Landscaping Lighting Plans 11-02-2023

CUP 2609 Site Plans 09-06-2023

CUP 2609 COTTAGE GROVE MAP

CUP 2609 APP

In Support: Ajay Sharma

Opposed: none

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

Use Permit be postponed until January 9, 2024 to allow for the applicant to

submit additional information. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

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

11974

PETITION: REZONE 11974

APPLICANT: R AND R LIVING TR (RAMI ABUROMIA)

LOCATION: 1993 STATE HIGHWAY 92, SECTION 29, TOWN OF

SPRINGDALE

CHANGE FROM: AT-B Agriculture Transition Business District TO RM-8

Rural Mixed-Use District

REASON: lot line adjustment and zoning for short-term rental and farm

business uses

Attachments: 11974 Ord Amend

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: 5-0.

1. A deed restriction shall be recorded on proposed lots 1 and 2 of the Certified

Survey Map (tax parcels 0607-293-8130-0 & 0607-293-8301-0) stating the following:

Further land divisions are prohibited. The housing density rights for the original

farm have been exhausted per the Town Comprehensive Plan density policies.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02603

PETITION: CUP 02603

APPLICANT: R AND R LIVING TR (RAMI ABUROMIA)

LOCATION: 1993 STATE HIGHWAY 92, SECTION 29, TOWN OF

SPRINGDALE

CUP DESCRIPTION: tourist or transient lodging, and limited farm business

Attachments: CUP 2603 Staff Update

CUP 2603 Town Action

CUP 2603 SPRINGDALE MAP

CUP 2603 APP

A motion was made by BOLLIG, seconded by RATCLIFF, that the Conditional Use

Permit be approved based on the findings of fact as noted in the staff report and

it has been determined that the CUP 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. The physical development and operation of the conditional use must conform,

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

2. New and existing buildings proposed to house a conditional use must be

constructed and maintained to meet current requirements of applicable sections

of 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 county 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 with be provided to

the county 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 and circulation must be provided, consistent with s. 10.102(8)

of County Ordinances.

8. If 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 County Zoning Administrator or designee may enter the premises of

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

these conditions or 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 county zoning administrator, a placard with the approval of the 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 reasonable opportunity to correct any violations prior to

revocation. Conditions Unique to CUP 2603

13. 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.

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 including 5 adults.

16. This CUP shall become effective upon Rezone petition 11974 becoming

effective for the RM-8 zoning.

17. Lighting must conform to Town of Springdale Dark Sky Lighting Ordinance.

18. No outside amplified music or speakers shall be allowed.

19. No more than 4 full time employees shall be allowed.

20. Limited Farm Business operations are to occur within the 400 SF existing

building.

21. Scope of the farm stand is limited to farm business for products produced on

and off the farm.

22. The Town retains the option to review and adjust any CUP standards in 24

months.

23. All of the above conditions must be posted inside the premises as required by

Dane County.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

F. Plats and Certified Survey Maps

G. Resolutions

2023

RES-242

AMENDING THE 2024 OPERATING BUDGET TO ALLOCATE FUND

FOR BROADBAND EXPANSION

Sponsors: RATCLIFF, ROSE, HATCHER, McCARVILLE, ERICKSON, MCGINNITY, HUELSEMANN

and ENGELBERGER

Attachments: 2023 RES-242

2023 RES-242 Fiscal Note

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

be recommended for approval. The motion carried by the following vote: 4-0-1

with KIEFER abstaining.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Abstain:

H. Ordinance Amendment

2023 OA-049

AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF

ORDINANCES, AMENDING THE DANE COUNTY COMPREHENSIVE

PLAN, UPDATING THE FARMLAND PRESERVATION PLAN AND

DELETING OBSOLETE LANGUAGE

DOOLAN, ENGELBERGER and RITT

Sponsors:

Attachments: 2023_OA-49_Ordinance_Text.pdf

2023_OA-49_Summary_Presentation.pdf

2023 OA-49 staff memo.pdf

Community notice.pdf

Minutes of the September 19, 2023 ZLR Cultural Resources Planning

Subcommittee meeting

2023_09_18_DRAFT_Cultural_Resources_Plan_Language.pdf

DATCP_FPP_certification.pdf

FPP Amendment Cover letter Dane County 2023.pdf

Online Farmland Preservation Plan Map Viewer

FPP 10 Farmland Preservation Plan Map August 2023 Changes.pdf

Farmland Preservation Plan Map E Size 2023 Submittal.pdf

Adopted Dane County Comprehensive Plan

2022 Adopted Farmland Preservation Plan

Comments_from_Rick_Bernstein_11-27-2023.pdf

Town of Pleasant Springs comments 2023-OA-49 & 2023-OA-58.pdf

In Support: ZLR Subcommittee on Cultural Resources Chair Rick Bernstein,

Subcommittee member Tim Yanacheck

Neither in support nor opposed: Town of Rutland Supervisor Nancy Nedveck

A motion was made by BOLLIG, seconded by RATCLIFF, that the ordinance

amendment be recommended for approval. The motion carried by the following

vote: 4-1 on a roll call vote.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

2023 OA-058

AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF

ORDINANCES, INCORPORATING AMENDMENTS TO THE TOWN OF

OREGON COMPREHENSIVE PLAN INTO THE DANE COUNTY

COMPREHENSIVE PLAN

DOOLAN and BOLLIG

Sponsors:

Attachments: 2023-OA-58

2023_OA_58_staff_ memo.pdf

2023-OA-58_Community notice.pdf

Link to online Town of Oregon plan viewer

Ordinance 99 Comprehensive Plan Signed.pdf

05-2023 Comprehensive Plan Amendments.pdf

Town of Pleasant Springs comments 2023-OA-49 2023-OA-58.pdf

In support: Town of Oregon Board Chair Carl Walser, Town of Oregon Clerk Jennifer

Hanson, Town of Oregon Supervisor Kate Gladding, Laura Wilmot

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

recommended for approval. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

I. Items Requiring Committee Action

J. Reports to Committee

K. Other Business Authorized by Law

L. Adjourn

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

at 8:22 PM. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes: