Dane County

Minutes - Final-revised

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 24, 2023

6:30 PM

Hybrid Meeting: Attend in person at the City County

Building in Room 354; or Attend virtually via Zoom.

Aa. Call to Order by the Zoning and Land Regulation Committee

Chair Doolan called the meeting of the ZLR Committee to order at 6:30 PM in

Room 354 of the City-County Building.

Bollig attended via Zoom.

Staff present: Violante, Lane, Holloway, Everson, Allan

Also present: County Board Chair Patrick Miles

3 - JERRY BOLLIG, MICHELE DOOLAN, and TIM KIEFER

Present

2 - KATE MCGINNITY, and MELISSA RATCLIFF

Excused

Ab. Call to Order by the Rutland Town Board

Town Chair Zentner called the Rutland Town Board meeting to order and took

roll call.

Zentner, Porter, Williams, Postel, and Nedveck were present.

Zentner, Porter, and Williams recused themselves regarding CUP 2582.

Ac. Call to Order by the Rutland Plan Commission

Chair Leeser called the Rutland Plan Commission meeting to order and took roll

call.

Leeser, Sime, Conant and Nedveck were present.

Arndt was absent.

Leeser and Sime recused themselves regarding CUP 2582.

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

No comments made by the public.

January 24, 2023 ZLR Registrants

2022

RPT-671

Attachments: Jan 24 registrants final

C. Consideration of Minutes

Minutes of the January 10, 2023 Zoning and Land Regulation Committee

meeting

2022

MIN-504

Attachments: 1-10-23 ZLR Work Meeting Minutes

A motion was made by BOLLIG, seconded by KIEFER, that the minutes of the

January 10, 2023 ZLR Committee meeting be approved. The motion carried by

the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

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

Ordinance Amendments

PETITION: REZONE 11914

11914

APPLICANT: KOLTON & ELIZABETH URSO

LOCATION: 4056 MAHONEY ROAD, SECTION 9, TOWN OF DUNN

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

REASON: creating one residential lot and a residential spot zone area

Attachments: 11914 Ord Amend

In support: Kolton Urso

Opposed: None

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

recommended for approval, with one condition. The motion carried by the

following vote: 3-0.

1. The rezoning shall have a Delayed Effective Date of one year to facilitate the

applicant’s financing for the new residence and recording of the Certified Survey

Map.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11915

11915

APPLICANT: GREEN FIRE PROPERTIES LLC

LOCATION: 8864 OFFERDAHL ROAD, SECTION 21, TOWN OF SPRINGDALE

CHANGE FROM: LC Limited Commercial District and AT-B Agriculture Transition Business

District TO LC Limited Commercial District

REASON: zoning change to allow for a caretaker's residence

Attachments: 11915 Ord Amend

11915 Staff Report

11915 Town Action

11915 DCPREZ-9125 select pages

11915 Utility easement map

11915 Screening Plan 20230119

11915 Updated Site Plan 20230118

11915 Map

11915 App

In Support: Michael Healy

Opposed: None

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

recommended for approval with an amendment to the staff's suggested condition

2c. The amendment would strike the end phrase of condition 2c making the

condition read, "Hours of operation shall be limited to 7:00am to 6:00pm, except

for extended hours as needed seasonally." The motion failed by the following

vote: 0-3.

Noes: 3 - BOLLIG, DOOLAN and KIEFER

Excused: 2 - MCGINNITY and RATCLIFF

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

recommended for approval. with the following condtions.The motion carried by

the following vote: 3-0.

1. The existing deed restriction (Doc #4011934) shall be terminated with the

2. A deed restriction shall be recorded on the property that specifies the

following:

a. Business activities shall be limited to contractor or landscaping only.

b. No retail sales are allowed on site.

c. Hours of operation shall be limited to 7:00am to 6:00pm, except for extended

hours as needed seasonally for the harvesting of Christmas trees grown on site.

d. Outdoor sound amplification is prohibited.

e. Outdoor lighting must be consistent with the Town Dark Sky Ordinance; all

outdoor lighting shall be directed downward and away from adjacent properties

and public rights-of-way, and be designed to minimize ambient light spill.

f. Signage must be consistent with the Town Sign Ordinance and Dane County

sign regulations.

g. The parking and circulation plan shall comply with the Zoning Ordinance

requirements of section 10.102(8).

h. Visual screening, consistent with Section 10.102(12), Dane County Code,

shall be established and maintained between the business operations on the LC

parcel and the RR-2 parcel to the east.

Ayes: 3 - BOLLIG, DOOLAN and KIEFER

Excused: 2 - MCGINNITY and RATCLIFF

PETITION: CUP 02581

02581

APPLICANT: GREEN FIRE PROPERTIES LLC

LOCATION: 8864 OFFERDAHL ROAD, SECTION 21, TOWN OF SPRINGDALE

CUP DESCRIPTION: caretaker's residence; outdoor storage; storage of more than 12

vehicles/equipment on the property

Attachments: CUP #2581

CUP 2581 Staff Report

CUP 2581 Town Action

CUP 2581 Screening Plan 20230119

CUP 2581 Updated Site Plan 20230118

CUP 2581 Map

CUP 2581 App

In Support: Michael Healy

Opposed: none

A motion was made by BOLLIG, seconded by KIEFER, to find that the proposal

meets the applicable Conditional Use Permit standards and recommend that the

CUP be approved with conditions. The motion carried by the following vote: 3-0.

1. Any conditions required for specific uses listed under s.10.103 of County

Ordinances;

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 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;

12. 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;

13. 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;

14. The caretaker residence shall be occupied by the person who oversees the

nonresidential property 24 hours a day, and their family.

15. The residence is not to be used for incidental or transient or tourist lodging.

16. Outdoor storage is limited to thirty (30) vehicles or pieces of construction

equipment.

17. The outdoor storage of vehicles or pieces of construction equipment is limited

to only those owned/affiliated with the LC business.

18. The owner must maintain/improve the screening in the area between

Offerdahl Road and the outdoor storage area delineated on the site plan.

19. This CUP shall expire upon the sale of the property, with the exception of the

caretaker residence, which may remain in perpetuity.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11916

11916

APPLICANT: WILLIAM AND SUSAN LAUFENBERG

LOCATION: EAST OF 4541 COUNTY HIGHWAY J, SECTION 32, TOWN OF CROSS PLAINS

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

REASON: creating one residential lot

Attachments: 11916 Ord Amend

11916 Staff Report

11916 Town Action

11916 Density Study

11916 Dev Rights Agreement

11916 Rezone 8952

11916 Map

11916 APP

In Support: William Laufenberg

Opposed: None

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

recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11917

11917

APPLICANT: MARVIN O & DIXIE L SCHWENN

LOCATION: 7562 COUNTY HWY PD, SECTION 8, TOWN OF VERONA

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

REASON: separating existing residence from farmland

Attachments: 11917 Ord Amend

In Support: Nathan Lockwood, Dixie Schwenn, Town Supervisor Tom Mathies, Town

Chair Mark Geller

Opposed: None

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

recommended for approval. The motion carried by the following vote: 3-0.

1. A joint access easement is required through Lot 1 of the CSM for access to Lot

1 of CSM 8060 and to the agricultural lands surrounding the new lot.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11918

11918

APPLICANT: CUMMINGS AND TURK FARMS LLC

LOCATION: 3436 NORTH STAR RD, SECTION 34, TOWN OF COTTAGE GROVE

CHANGE FROM: FP-1 Farmland Preservation District TO GC General Commercial District

REASON: rezoning for commercial electrical contractor business

Attachments: 11918 Ord Amend

In Support: David Cummings

Opposed: None

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

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

vote: 3-0.

1. Owner shall be required to obtain a Change of Use permit, and bring the

existing building up to commercial building code, prior to using the building for

commercial purposes.

2. Outdoor lighting be directed downward and away from adjacent properties

and public rights-of-way, and be designed to minimize ambient light spill.

3. The driveway will be paved to just past the crest of the hill.

4. Outdoor storage will be behind the existing building as viewed from North Star

Road, and a berm with trees will be installed to screen the view of it from the

north. A Conditional Use Permit shall be obtained for outdoor storage.

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

a. A connection to sanitary sewer and municipal water services shall be

required if and when they become available.

b. The landowner waives the right to object to municipal assessments for such

utility services.

6. The final Certified Survey Map shall include at minimum a 75’ setback from the

edge of the creek, unless the creek is determined not to be a navigable

waterway, and appropriate resource identification designations as directed by

County and Town subdivision ordinances.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11919

11919

APPLICANT: K&D STONE LLC

LOCATION: WEST OF 430 CENTER ROAD, SECTION 28, TOWN OF RUTLAND

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

Business District

REASON: bring existing legal non-conforming non-metallic mineral extraction site into

conformance with current zoning ordinances

Attachments: 11919 Staff Report

11919 Map

11919 App

CUP 2582 Presentation - Spelter.pdf

Spelter - Homberg Deed Restriction.pdf

In Support: Eric Christensen, Norman Arendt

Opposed: Henry Spelter, Paul Proctor

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

postponed due to no town action and public opposition. The motion carried by

the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11920

11920

APPLICANT: SCHUSTER FAMILY TR, DAVID & RUTH

LOCATION: WEST OF 1462 STATE HWY 19, SECTION 7, TOWN OF MEDINA

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

REASON: creating one residential lot

Attachments: 11920 Staff Report

In Support: Ruth Schuster, Jason Schuster, Alyssa Schuster

Opposed: None

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

postponed until the applicants obtain DOT approval for residential access. The

motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: REZONE 11921

11921

APPLICANT: LEAH J BOELTE (LANGE)

LOCATION: 3094 SUNNYSIDE STREET AND 2398 FAIRVIEW STREET, SECTION 18, TOWN

OF PLEASANT SPRINGS

CHANGE FROM: SFR-08 Single Family Residential District TO MFR-08 Multi-Family

Residential District

REASON: bring existing residential development into compliance with current zoning

ordinances

Attachments: 11921 Staff Report

11921 Town Plan Policies

11921 Map

11921 APP

11921 Opposed - Smith

11921 Oppoed - Miller - Murray - Quam - Verstegen.pdf

11921 Opposed - True.pdf

11921 Opposed - Wienkes.pdf

11921 Public Comment - Deutscher.pdf

In Support: Leah Lange, Agent Matthew Fleming

Opposed: Joe Murray, Dale Verstegen, Tim Miller

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

postponed due to no town action. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

PETITION: CUP 02580

02580

APPLICANT: TODD M LEKAN

LOCATION: 272 EDGERTON ROAD, SECTION 34, TOWN OF ALBION

CUP DESCRIPTION: large animal (horse) boarding

Attachments: CUP 2580 Staff Report

CUP 2580 Manure Management Approval 2023

CUP 2580 Map

CUP 2580 App

CUP 2580 Opposed - Selbom.pdf

In Support: Allison Graf, Agent Robb Leach, Todd Lekan

Opposed: Charles Seblom

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

postponed due to no town action. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

2022 OA-057

AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF

ORDINANCES, ESTABLISHING SETBACKS FOR COMMUNICATION

TOWERS

DOOLAN, BOLLIG, DOWNING and ENGELBERGER

Sponsors:

Attachments: OA 57 Staff Memo

2022 OA-57 Ordinance Text

2022 OA-57 Public Notice

In Support: None

Opposed: None

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

postponed to allow time for town actions in accordance with State Statutes. The

motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

E. Joint Public Hearing for a Conditional Use Permit

CUP 2582 Opposed - Igl.pdf

CUP 2582 Opposed - Seibel.pdf

CUP 2582 Opposed - Spelter.pdf

CUP 2582 Opposed - Stanek.pdf

CUP 2582 Support - Kellerman.pdf

CUP 2582 Support - Uecker.pdf

CUP 2582 - Westerberg Letter to Town.pdf

CUP 2582 Support - Gunby.pdf

CUP 2582 Petition in opposition 2.pdf

CUP 2582 Petition in support.pdf

CUP 2582 Support - Arendt.pdf

Town land use grievance - Sprague.pdf

CUP 2582 Igl submittal.pdf

CUP 2582 Marcusser photos.pdf

In Support: Kevin Hahn, Devin Hahn, Jessica Hahn, Mitchell Olson, Eric Christensen PE,

Noah Rusch, Katelyn Marshall, Jacob Jankowski, Justine Stiefvater, Tyler Allen, Peter

Stiefvater, Jessica Gunby, Keith Gunby, Cheryl Kotlowski, John Luxon, Eric Alfson,

Wendy Norberg, John Christman, Brett Fankhauser, Britt Paquette-Fankhauser, Kerri

Kellerman, Carl Hemb, Sue Wollin, Kate Angeles, Rudy Angeles, Ross

Opposed: Chris Ziemba, Gail Simpson, Bill Boerigter, Thomas Eugster, Sue Eugster,

Kent Knutson, Bonnie Larson, Pam Marr-Laundrie, Maureen Rowe, Robyn Wood, Barbara

Roe, Jodi Igl, Sharon Seffrood, Aris Georgiades, Doug Peterson, Paul Proctor, Mary

Knutson, Craig Hineline, Eric Bachhuber, Grady Bachhuber, Mary Celley, Cari Sprague,

Patricia Foltz, Susan Williams, Henry Spelter, Robert Marcussen, Jennifer Anderson,

Tim Wood, Liz Bachhuber, Steven Foltz, Arnold Igl, Peter Vanderveer, Peter Andrisevic,

Jayne Seibel, Robin Anderson, Kevin Groehler, Andrew Laundrie, Jennifer Keul-Whitman,

John Whitman, Mike Mccloskey, Kerry Mccloskey, Arnie, Aaron Thiel, Kathy

Fankhauser, Mike Johnson, William Ellis, Sarah Drew

Neither in Support nor Opposed: Mark Porter, Bob Postel, Jeff Furseth, James Dorn,

Todd Hanson

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

Permit be postponed due to no town action and public opposition. The motion

carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

F. Adjournment of the Rutland Town Board and Plan Commission meetings

Town Chair Zentner adjourned the Rutland Town Board meeting at 11:10pm.

Town Planning Commission Chair Leeser adjourned the Rutland Planning

Commission meeting at 11:10pm.

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

H. Plats and Certified Survey Maps

I. Resolutions

J. Ordinance Amendment

2022 OA-044

AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF

ORDINANCES, REGARDING CONDITIONAL USE PERMIT APPEALS

DOOLAN

Sponsors:

Attachments: 2022 OA-044 Staff Memo_ZLR.pdf

OA 44 town tally sheet.pdf

2022 OA-044

2022 OA-044 Fiscal Note

A motion was made by BOLLIG, seconded by KIEFER, that Ordinance

Amendment 2022 OA-044 be recommended for approval. The motion carried by

the following vote: 3-0.

3 - BOLLIG,DOOLANandKIEFER

2 - MCGINNITYandRATCLIFF

Ayes:

Excused:

2022 OA-057

AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF

ORDINANCES, ESTABLISHING SETBACKS FOR COMMUNICATION

TOWERS

DOOLAN, BOLLIG, DOWNING and ENGELBERGER

Sponsors:

Attachments: OA 57 Staff Memo

2022 OA-57 Ordinance Text

2022 OA-57 Public Notice

See previous action above

K. Items Requiring Committee Action

L. Reports to Committee

M. Other Business Authorized by Law

N. Adjourn

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

11:20pm. The motion carried unanimously.