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, February 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 meeting of the ZLR Committee to order at 6:30pm in

Room 354 of the City-County Building.

McGinnity attended via Zoom.

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

5 -

Present

JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, KATE MCGINNITY, and

MELISSA RATCLIFF

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

John Matson, Matson Airport, expressed concerns regarding the location of a

recently approved communication tower under Conditional Use Permit #2578.

The location is in the direct landing path for the airport.

A motion was made by KIEFER, seconded by RATCLIFF, to place the approval of

CUP #2578 on the March 14th ZLR agenda for discussion purposes. The motion

carried by the following vote: 5-0.

February 28, 2023 ZLR Registrants

2022

RPT-745

Attachments: Feb 28 registrants

C. Consideration of Minutes

Minutes of the January 24, 2023 ZLR Committee Meeting

2022

MIN-511

Attachments: 1-24-23 ZLR Public Hearing Minutes

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

January 24, 2023 ZLR Committee meeting be approved. 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

02583

PETITION: CUP 02583

APPLICANT: ARIF M KHAN & SADIA ARIF

LOCATION: 3486 COUNTY ROAD MN, SECTION 2, TOWN OF DUNN

CUP DESCRIPTION: 174' monopole communication tower

Attachments: CUP 2583 Staff Report

CUP 2583 CityScape RF Engineering Report

CUP 2583 - Tower Photosimulations

CUP 2583 - DISH RF Engineer Affidavit

CUP 2583 - Site Plan

CUP 2583 - Fall Zone Letter

CUP 2583 - FCC Statement of Compliance for RF Emissions

CUP 2583 Map

CUP 2583 - Applicant McFarland Property Map (recvd 021723)

CUP 2583 - Applicant Property Value Study - McFarland Waukesha

(recvd 021723)

CUP 2583 - Appliccant McFarland Property Map List (recvd 021723)

CUP 2583 - Applicant Property Value Study - McFarland - Greendale

(recvd 021723)

CUP 2583 DISH Site Plan Ground (recvd 022123)

CUP 2583 Full Application

CUP 2583 Public Comment - Priscilla Riecks

CUP 2583 Public Comment - Steve Riecks

CUP 2583 Village of McFarland Opposition Ltr (recvd 022123)

CUP 2583 Riecks photo.pdf

In Support: Derek McGrew, Jake Remington

Opposed: McFarland Community & Economic Development Director Andrew Bremer,

McFarland Village President Carolyn Clow, Edward Wreh, Kris Krentz, Steve Riecks

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

Use Permit be postponed due to public opposition and lack of town action. The

motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11922

PETITION: REZONE 11922

APPLICANT: JAMES & SANDRA MICKELSON

LOCATION: 4002 STH 73, SECTION 15, TOWN OF DEERFIELD

CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 11922 Ord Amend

In Support: James Mickelson

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. A deed notice shall be recorded on the proposed RR-2 lot indicating that 1

additional density unit is available for future use on the property.

2. A deed restriction shall be recorded on the remaining FP-35 zoned land

(balance of tax parcels 0712-153-9000-9 and 0712-153-8500-6) stating the following:

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

land. The housing density rights for the former farm have been exhausted per the

Town Comprehensive Plan density policies.

3. The existing two Town of Deerfield roads to the parcel provide sufficient

access to the proposed CSM lot and surrounding lands.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11923

PETITION: REZONE 11923

APPLICANT: ADAM AND ANNE STEELE

LOCATION: 788 HOLY CROSS WAY, SECTION 34, TOWN OF BURKE

CHANGE FROM: SFR-08 Single Family Residential District TO HC Heavy

Commercial District

REASON: zoning to allow for a personal storage facility

Attachments: 11923 Staff Report

11923 Town Action

11923 Town Resolution

11923 City Letter to County 788 Holy Cross

11923 Map

11923 APP

In Support: Travis Leeser, Adam Steele

Opposed: City of Madison Staff

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

be postponed due to City of Madison opposition. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11924

PETITION: REZONE 11924

APPLICANT: STEVEN AND PATRICIA GAUSMANN

LOCATION: SOUTH/WEST OF 3881 VILAS HOPE RD, SECTION 19,

TOWN OF COTTAGE GROVE

CHANGE FROM: TFR-08 Two Family Residential District TO RR-2 Rural

Residential District

REASON: zoning change for single-family residential use and taller

accessory building

Attachments: 11924 Ord Amend

In Support: Sandra Goke

Opposed: None

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

Petition be recommended for approval with one condition. The motion carried by

the following vote: 5-0.

1. A wetland delineation report shall be submitted to Dane County Zoning

Division prior to development of the property.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11925

PETITION: REZONE 11925

APPLICANT: TOM AND JENNIFER GILLETTE

LOCATION: SOUTH OF 493 EDGEHILL LANE, SECTION 25, TOWN OF

MONTROSE

CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural

Residential District

REASON: zoning to allow for residential use

Attachments: 11925 Ord Amend

11925 Staff Report

11925 Town Action Report.pdf

11925 Map

11925 APP rev

In Support: Tom Gillette

Opposed: None

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

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

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11926

PETITION: REZONE 11926

APPLICANT: THOMAS AND REBECCA STREICH

LOCATION: 4343 AND 4345 VILAS RD, SECTION 7, TOWN OF

COTTAGE GROVE

CHANGE FROM: RR-4 Rural Residential District TO RE Recreational

District, RR-4 Rural Residential District TO RR-2 Rural Residential District

REASON: shifting of property lines between adjacent land owners

Attachments: 11926 Ord Amend

In Support: Thomas Streich

Opposed: None

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

Petition be recommended for approval. 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

11789

PETITION: REZONE 11789

APPLICANT: CARBON CYCLE CONSULTING LLC

LOCATION: 464 CANAL ROAD, SECTION 2, TOWN OF MEDINA

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

Farmland Preservation Business District

REASON: change zoning to allow for the composting of manure and

agricultural by-products

Attachments: 11789 Staff Update.pdf

11789 Town Action Report.pdf

11789 Map

11789 APP

11789 Previous Site Plan.pdf

11789 CarbonCycle_CU_Revocation.pdf

A motion was made by BOLLIG, seconded by KIEFER, to suspend the rules in

order to discuss the petition due to the public hearing date being more than one

year ago. The motion carried by the following vote: 4-1.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

In Support: Jason Fuller

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, to extend the time

period to consider the Rezone Petition until March 28, 2023 to allow the applicant

more time to secure all necessary permits. The motion carried by the following

vote: 4-1.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

02550

PETITION: CUP 02550

APPLICANT: CARBON CYCLE CONSULTING LLC

LOCATION: 464 CANAL ROAD, SECTION 2, TOWN OF MEDINA

CUP DESCRIPTION: composting facility / manure processing facility

Attachments: CUP 2550 Staff Update.pdf

CUP 2550 Town Action Report.pdf

CUP 2550 Map

CUP 2550 APP

A motion was made by BOLLIG, seconded by RATCLIFF, to suspend the rules in

order to discuss the petition due to the public hearing date being more than one

year ago. The motion carried by the following vote: 4-1.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

A motion was made by BOLLIG, seconded by RATCLIFF, to extend the time

period to consider the Conditional Use Permit to March 28, 2023 to allow the

applicant time to finish securing the necessary permits. The motion carried by

the following vote: 4-1.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Noes:

11910

PETITION: REZONE 11910

APPLICANT: CEDAR CREEK VALLEY LLC (JULIETTE SCHICK)

LOCATION: 2631 COUNTY HIGHWAY J, SECTION 14, TOWN OF

SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District TO RR-4 Rural

Residential District

REASON: expanding residential lot boundary

Attachments: 11910 Ord Amend

11910 Staff Update

11910 Town Action Report

11910 Map UPDATE.pdf

11910 App

In Support: Juliette Schick

Opposed: None

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

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

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11912

PETITION: REZONE 11912

APPLICANT: DOROTHY M JOHNSON

LOCATION: 1343 STARR SCHOOL RD, NORTH AND SOUTH OF 1383

STARR SCHOOL RD, SECTION 2, TOWN OF RUTLAND

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

Residential District

REASON: separate existing farmstead from farm and create 2 additional

residential lots

Attachments: 11912 Ord Amend

11912 Staff Update

11912 Town Action

11912 Density Study (subject property)

11912 Density Study (20 acre parcel)

11912 Map rev

11912 APP revised

In Support: Michael Rumpf

Opposed: None

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

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

the following vote: 5-0.

1. A deed restriction shall be recorded on parcels 051002497300, 051002495500,

051002490003, 051002485000, 051002480020, 051002195903, 051002190006,

051002185003, and 051002180900 stating the following:

a. Further non-farm development on the remaining FP-35 zoned land is

prohibited. The housing density rights for the “original” farm have been

exhauster per the Town Comprehensive Plan density policies.

2. A deed restriction shall be recorded on proposed Lot 2 stating the following:

a. No commercial use shall be allowed on proposed Lot 2.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11919

PETITION: REZONE 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 Ord Amend

11919 Staff Update.pdf

11919 Town Action.pdf

11919 Map

11919 App

CUP 2582 Presentation - Spelter.pdf

Spelter - Homberg Deed Restriction.pdf

In Support: Mitch Olson, Noah Rusch

Opposed: None

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

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

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02580

PETITION: CUP 02580

APPLICANT: TODD M LEKAN

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

CUP DESCRIPTION: large animal (horse) boarding

Attachments: CUP 2580 Staff Update

CUP 2580 Town Action

CUP 2580 Manure Management Approval 2023

CUP 2580 Map

CUP 2580 App

CUP 2580 Opposed - Selbom.pdf

CUP #2580

In Support: Robb Leach

Opposed: None

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

Permit be approved with conditions, finding that the proposal meets the CUP

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

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. Horse boarding operations shall be limited to a maximum of 25 horses at any

one time. The number of employees shall be limited to a maximum of 5.

15. Horse boarding and training facility operating hours shall be daylight hours,

which vary seasonally.

16. The CUP is granted for Ace Equestrian, with Allison Graf as the operator. The

CUP shall expire upon the sale of the property to a new owner (not including the

impending sale of the land to Allison Graf).

17. Owner/Operator shall be responsible for instituting and complying with a

nutrient management plan and/or animal waste disposal plan written to NR 151

standards and approved by Dane County Land Conservation.

18. Outdoor lighting shall be directed downward and away from adjacent

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

spill.

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

requirements of section 10.102(8).

20. Any business signage shall require a sign permit and shall comply with all

applicable Town of Albion and Dane County Zoning Ordinance sign regulations.

21. Upon approval of the CUP, the 4 adjacent neighbors will be notified by the

Town of Albion that they have the option to voluntarily test for nitrates, nitrites,

coliform and e-coli. Any such testing shall be completed within 90 days of the

approval of the CUP. The cost of the testing will be paid by the CUP applicant

and the tests will be kept on file with the Town of Albion.

22. The owner or applicant will work with the Town of Albion on identifying and

fixing the water runoff issues coming from the property's main driveway and

creating issues on the town road. If services of an engineer are required, it will

be at the cost of the owner or applicant. Cost of any repair shall be the sole

responsibility of the applicant unless otherwise agreed to by the Town of Albion.

23. The CUP shall expire automatically if Ace Equestrian or a successor entity

owned by Allison Graf ceases to do business or is no longer registered as a

business in good standing with the Wisconsin DFI.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

CUP 2582 Opposed - Bachhuber.pdf

CUP 2582 Opposed - Berning.pdf

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

CUP 2582 Additional testimony Feb 28.pdf

A motion was made by KIEFER, seconded by BOLLIG, to enter the emails and

letters received after the public hearing into the pubic record. The motion carried

by the following vote: 4-0-1.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Abstain:

A motion was made by KIEFER, seconded by BOLLIG, to direct staff to prepare

findings of fact and potential conditions in order to be reviewed at the March 14th

ZLR Committee meeting. The motion carried by the following vote: 4-0-1.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Abstain:

A motion was made by KIEFER, seconded by RATCLIFF, to close the public

record. The motion carried by the following vote: 4-0-1.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Abstain:

F. Plats and Certified Survey Maps

G. Resolutions

H. Ordinance Amendment

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

OA 57 town action summary

A motion was made by BOLLIG, seconded by RATCLIFF, 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

Report of approved Certified Survey maps

2022

RPT-706

Attachments: Feb_2023

K. Other Business Authorized by Law

Chair Doolan asked to revisit the ZLR rules and procedures at the March 14th ZLR

meeting in order to review the language regarding the time limit set on rezoning

petitions and conditional use permit applications after the public hearing has

been held.

L. Adjourn

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

at 8:56pm. The motion carried unanimously.