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, October 22, 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 October 22, 2024 ZLR Committee meeting to order at

6:31 PM in Room 354 of the City-County Building.

Staff present: Violante, Allan, Standing, Holloway, Everson and Frick.

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.

October 22, 2024 ZLR Registrants

2024

RPT-319

Attachments: October 22 ZLR registrations

C. Consideration of Minutes

Minutes of the October 8, 2024 Zoning and Land Regulation Committee meeting

2024

MIN-272

Attachments: 10-08-2024 ZLR Work Meeting Minutes

A motion was made by KRONING to approve the minutes of the October 8, 2024

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 12099

12099

APPLICANT: ADAM AND SARA WIPPERFURTH

LOCATION: 7339 LODI-SPRINGFIELD ROAD, SECTION 17, TOWN OF DANE

CHANGE FROM: FP-1 Farmland Preservation District TO RR-8 Rural Residential District

REASON: zoning compliance for existing land use (residential)

Attachments: 12099 Ord Amend

In Support: Adam Wipperfurth

Opposed: none

A motion was made by POSTLER, seconded by KRONING, 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 12100

12100

APPLICANT: KEN A ALDERSON

LOCATION: 2249 STATE HIGHWAY 92, SECTION 19, TOWN OF SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District and RR-2 Rural Residential District TO

RR-4 Rural Residential District

REASON: shifting of property lines between adjacent land owners to expand a residential lot

Attachments: 12100 Ord Amend

In support: Ken Alderson

Opposed: none

A motion was made by KRONING, seconded by POSTLER, 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 12101

12101

APPLICANT: SARA & ANDREW WRIGHT

LOCATION: 11780 MID TOWN ROAD, SECTION 6, TOWN OF VERONA

CHANGE FROM: RR-8 Rural Residential District TO RR-4 Rural Residential District and RR-2

Rural Residential District

REASON: change zoning to create up to 4 residential lots on property (one for existing

residence)

Attachments: 12101 Staff Report

12101 APP REV

12101 MAP REV

In support: Andrew Wright

Opposed: none

A motion was made by KRONING, seconded by POSTLER, that the Zoning

Petition be postponed due to the need for town action. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12102

12102

APPLICANT: DOUGLAS A & MARY E PORTER JT REV LIVING TR

LOCATION: 721, 731, 741 COUNTY HIGHWAY A, SECTION 4, TOWN OF ALBION

CHANGE FROM: RR-2 Rural Residential District TO RR-1 Rural Residential District and FP-35

Farmland Preservation District

REASON: shifting of property lines between adjacent land owners (modify two existing

residential lots)

Attachments: 12102 Ord Amend

In support: Douglas Porter

Opposed: none

A motion was made by KRONING, seconded by POSTLER, 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 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-1 (natural resource identification) overlay zoning

district for ridgetop protection areas

Attachments: 12103 Staff Report

12103 Town Action

12103 list of affected parcels

Online NR-I Overlay Zoning Viewer

12103 map

12103 APP

In support: Warren Gaskill, Eric Haugen, Tim Pierce

Opposed: Brian West, Dr. Pfister

Neither in support nor opposed: Greer Deneen, William Kuenzi, Ryan Baxter, Craig

LaPlante, Andrea Flickinger, Thomas Schmeling, Jennifer Lamba

A motion was made by KRONING, seconded by POSTLER, that the Zoning

Petition be postponed due to opposition. The motion carried by the following

vote: 5-0.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12104

12104

APPLICANT: JOHN L & KAREN S WADDELL REV TR (MICHAEL SCHUSTER)

LOCATION: 7108 STATE HWY 89, SECTION 24, TOWN OF YORK

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

REASON: separate existing residence from the farmland and create a residential lot

Attachments: 12104 Ord Amend

In support: Michael Schuster, John Waddell, Karen Waddell

Opposed: none

A motion was made by KRONING, seconded by POSTLER, 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 12105

12105

APPLICANT: TOWN OF BLOOMING GROVE

LOCATION: 4381 MARSH RD, SECTION 26, TOWN OF BLOOMING GROVE

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: 12105 Ord Amend

12105 Staff Report

12105 Town Action

12105 Map

12105 BLOOMING GROVE MAP

12105 APP

In support: none

Opposed: none

A motion was made by KRONING, seconded by POSTLER, 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

In support: none

Opposed: none

A motion was made by KRONING, seconded by POSTLER, that the Zoning

Petition be postponed due to the need for town action. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12107

12107

APPLICANT: JOSEPH AND KEITH O'CONNELL

LOCATION: ZWETTLER RD WEST OF 4341 COUNTY HWY 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: 12107 Ord Amend

In support: Tyler Wilkinson, Travis O'Connell

Opposed: none

A motion was made by KRONING, seconded by POSTLER, 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 12108

12108

APPLICANT: DONALD N GOEDEN (C/O MARY JO BELL)

LOCATION: WEST OF 6685 STEVENSON RD, SECTION 26, TOWN OF DANE

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

FP-1 Farmland Preservation District, and RM-16 Rural Mixed-Use District

REASON: create one new residential lot and two agricultural lots, and adjust property boundary

with two adjoining landowners

Attachments: 12108 Ord Amend

In support: Mary Jo Bell, Sydney Bell, Cade Hansen, Quentin Bell

Opposed: none

Neither in support nor opposed: Teresa Hanson

A motion was made by POSTLER, seconded by KRONING, 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 090826295007,

090826280004, and 090826185900 stating the following:

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

and FP-1 zoned land. The housing density rights for the original Joseph Goeden

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

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12109

12109

APPLICANT: SKAAR PIT LLC

LOCATION: 3355 COUNTY HIGHWAY N, SECTION 28, TOWN OF COTTAGE GROVE

CHANGE FROM: HC Heavy Commercial District and RM-16 Rural Mixed-Use District TO MI

Manufacturing and Industrial District

REASON: rezone to match existing land use to current zoning districts

Attachments: 12109 Ord Amend

12109 Staff Report rev

12109 Town Action

12109 Proposed land use restrictions MI zoning

12109 Deed Restriction 4227822

12109 APP

12109 COTTAGE GROVE MAP

In support: Dennis Richardson

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

A deed restriction shall be recorded on the lot stating the following:

1. Land uses on the property shall be limited exclusively to the following

permitted uses:

a. Undeveloped natural resource and open space areas

b. Agriculture and accessory uses (livestock not permitted)

c. Electric generating facilities

d. Fertilizer manufacture, mixing or blending

e. Freight and passenger bus terminals

f. Government, institutional, religious or nonprofit community uses

g. Drive-in establishments

h. Personal or professional service

i. Indoor entertainment and assembly

j. Indoor storage and repair

k. Indoor sales

l. Outdoor sales, display or repair

m. Heavy industrial uses

n. Light industrial uses

o. Contractor, landscaping or building trade operations

p. Off-site parking lot or garage

q. Office uses

r. Outdoor active recreation

s. Outdoor entertainment

t. Outdoor storage

u. Personal storage facilities

v. Utility services

w. Vehicle repair or maintenance services

x. Transportation, utility or communication use required by law

y. Warehousing and distribution facilities

z. Wastewater treatment facilities

2. The conditional uses listed in the MI zoning district are not restricted.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12110

12110

APPLICANT: DUANE L & DOROTHY J SKAAR JT REV LIVING TR

LOCATION: 1384 SCHADEL ROAD, SECTION 31, TOWN OF DEERFIELD

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

RR-8 Rural Residential District

REASON: creating 3 residential lots

Attachments: 12110 Ord Amend

12110 Staff Report rev

12110 Town Action

12110 Slope and lot width detail

12110 Density Study

12110 APP

12110 DEERFIELD map

In support: Dave Dinkel

Opposed: none

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: 5-0.

1. Property owner shall record a deed restriction prohibiting further nonfarm

development on the balance of FP-35 zoned land (tax parcels 071231295001,

071231380007, and 071231395000).

2. A shared driveway easement shall be shown on the CSM, and a shared

driveway easement agreement shall be recorded that addresses maintenance

and owner responsibilities and meets the standards in DCCO s. 75.19(8).

3. Steep slope topography exceeding 20% grade shall be depicted on the CSM. A

note shall be placed on the CSM which states: “No structural development or

driveways are permitted on areas with slopes over 20% grade.”

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: REZONE 12111

12111

APPLICANT: BENJAMIN AND JOLEEN AUGUST

LOCATION: 6059 PORTAGE ROAD, SECTION 3, TOWN OF BURKE

CHANGE FROM: RR-4 Rural Residential District TO RR-1 Rural Residential District

REASON: create three new residential lots

Attachments: 12111 Staff Report

12111 APP

12111 BURKE MAP

In support: Benjamin and Joleen August

Opposed: none

A motion was made by KRONING, seconded by POSTLER, that the Zoning

Petition be postponed due to the need for town action. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: CUP 02638

02638

APPLICANT: SILVIN F & ROSEMARY C KURT REV TR (C/O DALE KURT)

LOCATION: 4558 RIDGE ROAD, SECTION 1, TOWN OF COTTAGE GROVE

CUP DESCRIPTION: secondary farm residence (C.U.P. renewal)

Attachments: CUP 2638 Staff Report

CUP 2638 Town Action

CUP 2638 APP

CUP 2638 COTTAGE GROVE MAP

CUP #2638

In support: Dale Kurt

Opposed: none

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:

5-0.

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.

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 # 2638:

13. Any approved conditional use permit for a farm residence shall expire on the

sale of the property to an unrelated third party. Continued use of a farm

residence after sale to an unrelated third party shall require approval of a new

conditional use permit.

14. The Zoning Committee may revoke any Conditional Use Permit it finds in

violation of this section. Continued use of residence with a revoked conditional

use permit shall require approval of a rezone petition to a zoning district that

allows nonfarm residential use.

15. The Zoning Committee shall require the recording of a notice document with

the Register of Deeds on the subject property notifying current and future owners

of the provisions of conditions #13 and #14 above.

16. The secondary farm residence is occupied by a farm employee as per the

town approval.

5 - BOLLIG,DOOLAN,KRONING,POSTLERandRITT

Ayes:

PETITION: CUP 02639

02639

APPLICANT: BADFISH ACRES LLC (DEAN TANGEMAN)

LOCATION: 363 DANKS RD, SECTION 25, TOWN OF RUTLAND

CUP DESCRIPTION: caretaker's residence in an existing building

Attachments: CUP 2639 Staff Report

CUP 2639 Town Action

CUP 2639 Violation ltr

CUP 2639 Existing Deed Restriction

CUP 2639 APP

CUP 2639 RUTLAND MAP

CUP #2639

In support: Dean Tangeman

Opposed: none

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:

5-0.

Standard Conditions for all Conditional Use Permits from 10.101(7):

1. Any conditions required for specific uses listed under s. 10.103 (none).