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, July 9, 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 July 9, 2024 ZLR Committee meeting to order at 6:30  
PM.  
Staff present: Violante, Lane, Holloway, Hilbert, Allan and Everson  
4 - MICHELE DOOLAN, JEFFREY KRONING, DON POSTLER, and MICHELE RITT  
Present  
Excused  
1 - JERRY BOLLIG  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
July 9, 2024 ZLR Registrants  
C. Consideration of Minutes  
June 18, 2024 ZLR Committee Meeting Minutes  
A motion was made by KRONING, seconded by POSTLER, to approve the minutes  
of the June 18, 2024 ZLR Committee meeting. The motion carried by the  
following vote: 4-0-0.  
D. Zoning Map Amendments and Conditional Use Permits from previous meetings  
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 Ord Amend  
A motion was made by KRONING, seconded by POSTLER, that the Zoning  
Petition be recommended for approval with one condition. The motion carried by  
the following vote: 4-0.  
1. A deed restriction shall be recorded on the lot stating the following:  
a. No further development (residential development or land division) shall be  
allowed on the property.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: REZONE 12048  
APPLICANT: KENNEDY HILLS LLC  
LOCATION: EAST OF 4500 KENNEDY ROAD, SECTION 3, TOWN OF COTTAGE GROVE  
CHANGE FROM: AT-35 Agriculture Transition District TO SFR-08 Single Family Residential  
District  
REASON: creating 50 additional residential lots for the Kennedy Hills subdivision  
Attachments: 12048 Ord Amend  
A motion was made by KRONING, seconded by POSTLER, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0.  
1. Up to 50 residential lots may be platted on the SFR-08 zoned land.  
2. Two separate agricultural conservation easements prohibiting nonfarm  
development on a minimum of 35 acres shall be recorded on each of the  
following two identified sending properties:  
a. Tax parcel 0711-364-9000-6 (Duane and Linda Skaar)  
b. Tax parcels 0711-123-8000-9 and 0711-123-9500-2 (Badger Farms LLC)  
3. The TDR S (Sending Area) overlay zoning district shall be applied to tax  
parcels 0711-123-8000-9 and 0711-123-9500-2 (Badger Farms LLC).  
4. The TDR R (Receiving Area) overlay zoning district shall be applied to the  
portion of the proposed SFR-08 property corresponding to tax parcel  
0711-101-8502-0.  
5. Applicant shall record a Notice document on the receiving area property  
indicating that the SFR-08 zoned property was created as part of a transfer of  
development rights.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: REZONE 12058  
APPLICANT: MAIER FARM REAL ESTATE LLC  
LOCATION: 7119 SCHUMACHER RD, SECTION 21, TOWN OF VIENNA  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-35 Farmland Preservation  
District  
REASON: rezone out of wetland status  
A motion was made by KRONING, seconded by POSTLER, that the Zoning  
Petition be recommended for denial. The motion carried by the following vote:  
4-0  
Reasons for denial:  
1. The applicant provided very little evidence regarding meeting the standards  
for removing wetlands from the inventory maps. The property can be reasonably  
used for cropping in low water years without an agricultural drainage system.  
2. The property is currently in violation due to the installation of a drain tile  
system.  
3. The wetlands on the property filter stormwater runoff from the Maier Farm  
cattle barn, located south of the property.  
4. The removal conflicts with many environmental policies of the Dane County  
Comprehensive Plan and Town of Vienna Comprehensive Plan.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: CUP 02611  
APPLICANT: NATHAN M MOE  
LOCATION: 1896 WILLIAMS DR, SECTION 29, TOWN OF PLEASANT SPRINGS  
CUP DESCRIPTION: 180' self-support communication tower on FP-35 zoned property  
A motion was made by KRONING, seconded by POSTLER, 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:  
4-0  
CUP 2611 Conditions:  
Standard Conditions that apply to all conditional uses (from s. 10.101(7)(d)2)  
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, operation plan and phasing plan.  
3. 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.  
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 county 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 with be provided to  
the county 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 and circulation must be provided, consistent with s. 10.102(8)  
of County Ordinances.  
9. 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.  
10. 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.  
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 Specific to CUP 2611:  
13. The communication tower approved under CUP 2611 is intended to support  
installation of mobile service facility(ies) as defined under sec. 66.0404,  
Wisconsin Statutes, and shall be designed to support, without substantial  
modification, at least four users (the primary user and three collocation sites).  
14. Prior to construction, the Applicant shall provide a full structural analysis  
report confirming that the tower will have the structural capacity to safely support  
Dish’s equipment and similar equipment of three (3) future wireless service  
providers;  
15. Final site plan(s) and design drawings for the proposed tower are hereby  
incorporated into the approval of the CUP, including updated details regarding  
screening / landscaping. Said final site plan(s) and construction/design drawings  
for the facility shall be certified by a Wisconsin Professional Engineer and shall  
include descriptions of the support structure and the electronic and electrical  
equipment including antennas, transmitters, radios, cabinets, cables, utility  
components, backup power generator (if proposed) and all related equipment to  
be installed on or near the support structure.  
16. The tower shall not be lighted and shall not exceed a height of 185’ above  
ground level, including lightening rod.  
17. If a valid complaint of interference to an authorized County or municipal  
public safety radio facility is found to be associated with Dish’s installation at the  
proposed facility, the Applicant shall comply with all applicable rules regarding  
radio-frequency interference as mandated by the Federal Communications  
Commission (FCC), and in accordance with the FCC’s Best Practices Guide.  
18. Visual screening and landscaping shall be installed around the fenced tower  
compound as detailed on the final site and design drawings, and the tower shall  
be galvanized or painted a color to minimize the aesthetic impact of the tower  
and compound area. Any trees planted shall be maintained in viable growing  
conditions.  
19. The tower owner shall make the collocation sites required hereunder  
available for the placement of technologically compatible antenna arrays and  
equipment upon contractual provisions which are standard in the industry and at  
prevailing market rates allowing the permit holder to recoup the cost of  
providing the collocation sites and a fair return on investment.  
20. No lease or deed restriction on property that is proposed for the location of a  
mobile service support structure or mobile service facility shall preclude the  
owner or lessee from entering into agreements, leases, or subleases with other  
providers or prohibit collocation of other providers.  
21. Upon written inquiry by the committee, the holder of a Conditional Use Permit  
issued under this section shall have the burden of presenting to the committee  
credible evidence establishing to a reasonable certainty the continued  
compliance with all applicable standards and conditions placed upon the  
conditional use permit. Failure to establish compliance with the standards and  
conditions shall be grounds for revocation of the permit. In the event the  
committee determines that it is necessary to consult with a third party to  
ascertain compliance with the standards and conditions, all reasonable costs and  
expenses, except travel expenses, associated with such consultation shall be  
borne by the holder of said conditional use permit. Failure to pay such costs and  
expenses or provide information requested by the committee shall be grounds  
for revocation of the conditional use permit.  
22. Within 90 days of approval of the conditional use permit, or prior to issuance  
of a zoning permit for construction of the approved communication tower,  
whichever comes first, the tower owner shall provide Dane County with a bond,  
or evidence of an existing bond, in the amount of $20,000 ensuring performance  
of owner’s obligation to remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit,  
including payment for such removal by Dane County or its agent, in the event the  
permit is revoked or the use permitted thereunder ceases for a continuous period  
of 12 months. Said bond shall expressly state that it will remain in full force and  
effect for a period of at least six months after the surety provides Dane County  
written notification of expiration or termination of the surety's obligation under  
the bond. Applicant shall remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit  
no less than 60 days prior to the termination or expiration of the bond required  
hereunder.  
23. If the mobile service facility(ies) to be provided from the communication  
tower are not installed within 1 year of the date of conditional use permit  
approval, or if the mobile service facility(ies) are later removed, or cease to be  
used for a continuous period of 12 months, the county zoning committee may  
take action to revoke the conditional use permit. In the event the permit is  
revoked, the tower owner shall remove the tower within 60 days of the county  
zoning committee action. If the tower is not removed within the 60 days, the  
county may enter upon the premises and remove the tower at the expense of the  
tower owner.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: CUP 02618  
APPLICANT: SEVERSON RIDGE LAND LLC (DAVID DYBDAHL JR)  
LOCATION: 4200 BLUE MOUNDS TRAIL, SECTION 16, TOWN OF VERMONT  
CUP DESCRIPTION: transient or tourist lodging (short-term rental)  
A motion was made by KRONING, seconded by POSTLER, 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:  
4-0  
Standard Conditions for all Conditional Use Permits from 10.101(7):  
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 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.  
11. 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 # 2618:  
12. Landowner will apply for, obtain and maintain an appropriate transient or  
tourist lodging rental license from Madison/Dane County Department of Public  
Health.  
13. The rental shall be limited to 6 overnight guests.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: CUP 02621  
APPLICANT: ROCK CROP LLC  
LOCATION: 5626 COUNTY HWY V, SECTION 16, TOWN OF VIENNA  
CUP DESCRIPTION: 10.222(3)(d) temporary concrete batch plant for public road projects  
A motion was made by KRONING, seconded by POSTLER, 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:  
4-0  
Standard Conditions for all Conditional Use Permits from 10.101(7):  
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 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.  
11. 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 # 2621  
12. The hours of operation shall be between 6:00am to 6:00pm, Monday through  
Friday. Intermittent operations during weekends or outside normal operating  
hours may occur only if contractually required by the Wisconsin DOT road  
project. The Town of Vienna shall be notified of the operations one week prior to  
occurrence.  
13. The installation and operation of the temporary concrete batch plant shall be  
limited exclusively to public road projects. The batch plants shall be removed  
from the site after the project has been completed. The temporary concrete batch  
plant shall not be used for any purpose other than the specific public road  
project. Using the batch plant for general construction projects shall render the  
CUP null and void and cause for the immediate removal of the batch plant.  
14. The Conditional Use Permit shall terminated 10 years after the date of  
approval.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
PETITION: CUP 02622  
APPLICANT: DANIEL L GAULRAPP  
LOCATION: SOUTH OF 3316 ELVEHJEM RD, SECTION 12, TOWN OF DUNN  
CUP DESCRIPTION: 170' self-support communication tower with 3' lightning rod  
A motion was made by KRONING, seconded by POSTLER, 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:  
4-0  
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,  
including any modifications that may be required by the town of Dunn or ZLR  
Committee as part of their respective actions on the CUP.  
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 of approval specific to communications towers (includes town  
conditions and those required under zoning code section 10.103(9)(d)):  
13. The communication tower approved under CUP 2622 is intended to support  
installation of mobile service facility(ies) as defined under sec. 66.0404,  
Wisconsin Statutes, and shall be designed to support, without substantial  
modification, at least four users (the primary user and three collocation sites).  
14. One collocation site on the tower must be reserved for a company that  
provides broadband wireless internet to residents in the vicinity of the tower.  
15. Prior to construction, the Applicant shall provide a full structural analysis  
report confirming that the tower will have the structural capacity to safely support  
Dish’s equipment and similar equipment of three (3) future wireless service  
providers;  
16. Final site plan(s) and design drawings for the proposed tower are subject to  
review and approval by the Town of Dunn prior to installation of the tower. Said  
final site plan(s) and construction/design drawings for the facility shall be  
certified by a Wisconsin Professional Engineer and shall include descriptions of  
the support structure and the electronic and electrical equipment including  
antennas, transmitters, radios, cabinets, cables, utility components, backup  
power generator (if proposed) and all related equipment to be installed on or  
near the support structure.  
17. The tower shall not be lighted, unless required by the FAA or other lawful  
authority, and shall not exceed a height of 173’ above ground, including  
lightening rod.  
18. Visual screening and/or landscaping shall be installed around the fenced  
tower compound and the tower shall be galvanized or painted a color to  
minimize the aesthetic impact of the tower and compound area. The permit  
holder must obtain town approval of the fencing, visual screening and/or  
landscaping, and tower paint color prior to installation. Any trees planted shall  
be maintained in viable growing conditions.  
19. Fencing and locks must be provided to secure the site. No barbed wire or  
razor wire fencing is permitted. No trespassing signs shall be posted on any  
security fencing.  
20. If a valid complaint of interference to an authorized County or municipal  
public safety radio facility is found to be associated with Dish’s installation at the  
proposed facility, the Applicant shall comply with all applicable rules regarding  
radio-frequency interference as mandated by the Federal Communications  
Commission (FCC), and in accordance with the FCC’s Best Practices Guide.  
21. The tower owner shall make the collocation sites required hereunder  
available for the placement of technologically compatible antenna arrays and  
equipment upon contractual provisions which are standard in the industry and at  
prevailing market rates allowing the permit holder to recoup the cost of  
providing the collocation sites and a fair return on investment.  
22. No lease or deed restriction on property that is proposed for the location of a  
mobile service support structure or mobile service facility shall preclude the  
owner or lessee from entering into agreements, leases, or subleases with other  
providers or prohibit collocation of other providers.  
23. Upon written inquiry by the committee, the holder of a Conditional Use Permit  
issued under this section shall have the burden of presenting to the committee  
credible evidence establishing to a reasonable certainty the continued  
compliance with all applicable standards and conditions placed upon the  
conditional use permit. Failure to establish compliance with the standards and  
conditions shall be grounds for revocation of the permit. In the event the  
committee determines that it is necessary to consult with a third party to  
ascertain compliance  
with the standards and conditions, all reasonable costs and expenses, except  
travel expenses, associated with such consultation shall be borne by the holder  
of said conditional use permit. Failure to pay such costs and expenses or provide  
information requested by the committee shall be grounds for revocation of the  
conditional use permit.  
24. Within 90 days of approval of the conditional use permit, or prior to issuance  
of a zoning permit for construction of the approved communication tower,  
whichever comes first, the tower owner shall provide Dane County with a bond,  
or evidence of an existing bond, in the amount of $20,000 ensuring performance  
of owner’s obligation to remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit,  
including payment for such removal by Dane County or its agent, in the event the  
permit is revoked or the use permitted thereunder ceases for a continuous period  
of 12 months. Said bond shall expressly state that it will remain in full force and  
effect for a period of at least six months after the surety provides Dane County  
written notification of expiration or termination of the surety's obligation under  
the bond. Applicant shall remove any communication tower, array or any other  
equipment or structure placed or erected pursuant to the conditional use permit  
no less than 60 days prior to the termination or expiration of the bond required  
hereunder.  
25. If the mobile service facility(ies) to be provided from the communication  
tower are not installed within 1 year of the date of conditional use permit  
approval, or if the mobile service facility(ies) are later removed, or cease to be  
used for a continuous period of 12 months, the county zoning committee may  
take action to revoke the conditional use permit. In the event the permit is  
revoked, the tower owner shall remove the tower within 60 days of the county  
zoning committee action. If the tower is not removed within the 60 days, the  
county may enter upon the premises and remove the tower at the expense of the  
tower owner.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
E. Plats and Certified Survey Maps  
Final Plat - Timber Lane Preserve  
Town of Middleton  
Staff recommends conditional approval  
A motion was made by KRONING, seconded by POSTLER, that the plat be  
approved with conditions. The motion carried by the following vote: 4-0.  
1. The final plat is to be completed in accordance with S.236.34, Wisconsin State  
Statutes.  
2. All owners of record are to be included in the owner’s certificate. A certificate  
of consent by all mortgagees/vendors shall be included and satisfied if relevant.  
County records indicate the following owners:  
• 4-D PROPERTIES LLP  
3. The required approval certificates are to be executed.  
• Town of Middleton  
• Dane County Treasurer  
• Dane County Zoning and Land Regulation Committee  
4. The recordable document is to be submitted for review and approval once the  
conditions have been satisfied. The Dane County Zoning and Land Regulation  
Committee chair will sign the plat at a future meeting.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
Final Plat - Mount Vernon Hills  
Town of Springdale  
Staff recommends conditional approval  
A motion was made by KRONING, seconded by POSTLER, that the Land Division  
be approved with conditions. The motion carried by the following vote: 4-0.  
1. The final plat is to be completed in accordance with S.236.34, Wisconsin State  
Statutes.  
2. Rezone Petition #12042 is to become effective and all conditions are to be  
satisfied prior to the recording of the CSM. (County Board approved the Petition  
on June 20, 2024)  
• A deed restriction shall be recorded on the balance of the property  
remaining in AT-35 (tax parcels 060734490020, 060734485008, 060734380611,  
060734380022, 060734328508, 060734326206, 060734310991, 060734295017,  
060734283119, and 060734190611) stating the following:  
a. Further residential/nonfarm development is prohibited on the remaining  
AT-35 zoned land.  
The housing density rights for the former Louis H. and Cynthia A. Heitke  
farm have been  
exhausted per the Town Comprehensive Plan density policies.  
• The applicant shall submit a preliminary plat and final plat for the proposed  
lots to Dane County for review and approval, and shall record the final plat with  
the Dane County Register of Deeds.  
• The rezone will not become effective until a final plat is approved and fully  
executed by the Town of Springdale.  
• The subdivision plat shall restrict access onto County Highway G subject to  
Dane County Highway requirements.  
3. Comments from the Highway department are to be recognized:  
• CTH G is a controlled access highway.  
• No access to be designated (visually shown) across the frontage of CTH G  
along Lot 1, 2, and 3.  
• Access easement required through Lot 1 and 2 to access Lot 2 and 3.  
• Right of way appears to be correct.  
4. Label the right-of-way width, each side of centerline.  
• CTH G  
• Sand Court  
• Davis Street  
• Ben Franklin Street  
5. All owners of record are to be included in the owner’s certificate. A certificate  
of consent by all mortgagees/vendors shall be included and satisfied if relevant.  
County records indicate the following owners:  
• MOUNT VERNON HILLS II LLC  
6. The required approval certificates are to be executed.  
• Town of Springdale  
• Dane County Treasurer  
• Dane County Zoning and Land Regulation Committee  
7. The public right-of-way vacation shall be satisfied and the recorded document  
number added to the final plat prior to recording.  
8. The recordable document is to be submitted for review and approval once the  
conditions have been satisfied. The Dane County Zoning and Land Regulation  
Committee chair will sign the plat at a future meeting.  
4 - DOOLAN,KRONING,POSTLERandRITT  
1 - BOLLIG  
Ayes:  
Excused:  
F. Resolutions  
G. Ordinance Amendment  
H. Items Requiring Committee Action  
I. Reports to Committee  
J. Other Business Authorized by Law  
1. Chair Doolan noted that the County Board office has requested that no county  
meetings be held on August 13th due to the primary election. She asked to  
cancel the August 13th ZLR Work Meeting date. There were no objections.  
2. Supervisor Postler noted that the Executive Committee met in June and  
discussed program evaluations, and requested that this topic be discussed at the  
August 27th ZLR meeting.  
K. Adjourn  
A motion was made by KRONING, seconded by POSTLER, to adjourn the meeting  
at 7:28 PM. The motion carried unanimously.