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, March 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: Allan, Everson, Holloway, Lane, and Violante  
4 - JERRY BOLLIG, MICHELE DOOLAN, KATE MCGINNITY, and MELISSA RATCLIFF  
Present  
1 - TIM KIEFER  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
C. Consideration of Minutes  
Minutes of the March 14, 2023 Zoning and Land Regulation Committee  
meeting  
A motion was made by RATCLIFF, seconded by BOLLIG, to approve the minutes  
of the March 14, 2023 Zoning and Land Regulation Committee meeting. The  
motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
A motion was made by DOOLAN, seconded by BOLLIG, to adjust the agenda by  
placing CUP 2588 after Rezoning Petition 11930. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
Excused:  
PETITION: REZONE 11927  
APPLICANT: MPS ENTERPRISES INC  
LOCATION: EAST OF 615 WINDMILL ROAD, SECTION 19, TOWN OF  
RUTLAND  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating two residential lots  
Attachments: 11927 Ord Amend  
Support: Mike Schmudlach  
Opposed: None  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval with condition. The motion carried by the  
following vote: 4-0.  
1. A deed restriction shall be recorded on tax parcels 0510-193-8041-0,  
0510-193-9500-4 and 0510-194-9000-8 stating the following:  
a. Further residential/nonfarm development is prohibited. The housing density  
units have been exhausted per the Town Comprehensive Plan density policies.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11928  
APPLICANT: DOUGLAS AND VICTORIA STATZ  
LOCATION: 7437 STATE HWY 113, SECTION 15, TOWN OF DANE  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RM-8 Rural  
Mixed-Use District, RM-16 Rural Mixed-Use District TO FP-1 Farmland  
Preservatio11928n District  
REASON: creating a residential lot for the existing residence and creating  
an agricultural lot.  
Support: Douglas Statz, Duane Kirking, and Ann Post  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be postponed due to no Town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11929  
APPLICANT: GREGORY A THOMPSON  
LOCATION: NW CORNER OF BURKE ROAD AND REINER ROAD,  
SECTION 23, TOWN OF BURKE  
CHANGE FROM: SFR-1 Single Family Residential District TO TFR-08  
Two Family Residential District  
REASON: zoning to allow for duplex residential use  
Support: Greg Thompson  
Opposed: None  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition  
be postponed due to no Town action. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11930  
APPLICANT: JULIE AND WILLIAM KARPUS  
LOCATION: 2404 HAMMOND RD, SECTION 21, TOWN OF DUNKIRK  
CHANGE FROM: RR-8 Rural Residential District TO RM-8 Rural  
Mixed-Use District  
REASON: zoning to allow for horse boarding facility  
Attachments: 11930 Ord Amend  
Support: Julie and William Karpus, Travis Leeser  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, to suspend ZLR  
Committee rules to allow Town action to be accepted after the deadline date.  
The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02588  
APPLICANT: JULIE AND WILLIAM KARPUS  
LOCATION: 2404 HAMMOND RD, SECTION 21, TOWN OF DUNKIRK  
CUP DESCRIPTION: large animal (horse) boarding  
Support: Julie and William Karpus, Travis Leeser  
A motion was made by MCGINNITY, seconded by BOLLIG, to suspend ZLR  
Committee rules to allow Town action to be accepted after the deadline date.  
The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
A motion was made by BOLLIG, seconded by RATCLIFF, to approve the CUP  
given that the CUP meets the 8 standards of obtaining a CUP with the conditions  
as noted in the staff report. The motion carried by the following vote: 4-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operation plan and phasing plan;  
2. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet current requirements of applicable sections  
of Wisconsin Commercial Building Code or Uniform Dwelling Code, if applicable.  
3. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the county zoning  
administrator upon request;  
4. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance with be provided to  
the county zoning administrator upon request;  
5. Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be brought,  
at the owner’s expense, into full compliance with the current requirements for  
new development of the state plumbing code and Chapter 46 Dane County Code;  
6. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan;  
7. Off-street parking and circulation must be provided, consistent with s. 10.102(8)  
of County Ordinances;  
8. If Dane County Highway Transportation and Public Works Department or the  
town engineer determine that road intersection improvements are necessary to  
safely accommodate the conditional use, the cost of such improvements shall be  
borne by the landowner. Costs borne by the landowner shall be proportional to  
the incremental increase in traffic associated with the proposed conditional use;  
9. The County Zoning Administrator or designee may enter the premises of  
operation in order to inspect those premises and to ascertain compliance with  
these conditions or investigate an alleged violation. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site;  
10. The owner must post, in a prominent public place and in a form approved by  
the county zoning administrator, a placard with the approval of the Conditional  
Use Permit number, the nature of the operation, name and contact information  
for the operator, and contact information for the Dane County Zoning Division;  
11. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours;  
12. Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit. The holder of a conditional use permit  
shall be given reasonable opportunity to correct any violations prior to  
revocation;  
13. Use shall be enclosed by a fence or other suitable enclosure to prevent  
animals from leaving the site.  
14. Each animal shall be provided with adequate exercise space.  
15. Horse boarding operations shall be limited to a maximum of 14 boarded  
horses at any one time.  
16. Operations exceeding one animal unit per acre must comply with the  
standards of s. 10.103(7).  
17. Sanitary fixtures to serve the horse boarding operation use may be installed,  
but must be removed upon expiration of the conditional use permit or  
abandonment of the horse boarding use.  
18. This Conditional Use Permit shall become effective only upon the rezoning to  
RM-8 becoming effective.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11931  
APPLICANT: LINDUS PROPERTIES LLC  
LOCATION: 4281 ACKER RD., SECTION 8, TOWN OF BURKE  
CHANGE FROM: HC Heavy Commercial District TO MI Manufacturing and  
Industrial District  
REASON: zoning to allow an auto salvage yard business  
Support: Matthew Hunter  
Opposed: Zackary Brumm and Laurel Clary  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition  
be postponed until the April 25th ZLR Committee meeting due to public  
opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02590  
APPLICANT: LINDUS PROPERTIES LLC  
LOCATION: 4281 ACKER RD., SECTION 8, TOWN OF BURKE  
CUP DESCRIPTION: salvage yard  
Support: Matthew Hunter  
Opposed: Zachary Brumm and Laurel Clary  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be postponed until the April 25th ZLR Committee meeting due to  
public opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11932  
APPLICANT: SHAMROCK FARMS  
LOCATION: EAST/NW OF 4974 COUNTY HIGHWAY J, SECTION 30,  
TOWN OF CROSS PLAINS  
CHANGE FROM: RR-4 Rural Residential District TO RR-8 Rural  
Residential District, FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District, FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: increase the size of two residential lots  
Attachments: 11932 Ord Amend  
Support: Shawn Farrell  
Opposed: None  
A motion was made by DOOLAN, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
1. The certified survey map associated with rezone Petition #11932 shall provide  
for access easement rights for the CSM lots and surrounding farm lands.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02584  
APPLICANT: JOSEPH AND DIANE RIPP  
LOCATION: SOUTH OF 7839 BONETTI ROAD, SECTION 1, TOWN OF  
DANE  
CUP DESCRIPTION: non-metallic mineral extraction operation, temporary  
concrete batch plant, and temporary asphalt plant  
Support: Dustin Gradel, Terry Wenger, Kelly Bendixen, Pat Cadigan, David McCormack,  
Natalie Van Daele, Jared Ripp, and Dianne Ripp.  
Opposed: Paul Karls, Nancy Roth, Nicolle Herbsleb, Dennis Kohlmeyer, Chris Statz,  
Vince Niesen, Jennifer Persike, Barb Taylor, Jeff Galle, Brian Dolphin, Diana Karls,  
Teresa Haymes, William Haymes, John Willson, Ruth Kohlmeyer, Tim Herbsleb, Paul  
Roth, Kevin Taylor, Kyle Pierce, Jaime Ballweg-Pierce, Katrina Galle, Debra Dolphin, and  
Cathy Clemens.  
Neither: Jenny Sweatt, Patrick Weaver, and Jacob Taff  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Conditional Use  
Permit be postponed due to no town action and public opposition. The motion  
carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02585  
APPLICANT: CASEY AND MELISSA HELBACH  
LOCATION: 6993 APPLEWOOD DRIVE, SECTION 27, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: transient or tourist lodging (short-term rental)  
Support: Melissa Helbach  
Opposed: David Huntsman  
Neither: Jonathan Stefonek  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Conditional Use  
Permit be postponed until the April 25th ZLR Committee meeting due to public  
opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02586  
APPLICANT: TINGTING & DERIK BINGNER  
LOCATION: 2290 CTH AB, SECTION 23, TOWN OF DUNN  
CUP DESCRIPTION: transient or tourist lodging (short-term rental)  
Support: Tingting Bingner  
Opposed: Letters in opposition  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Conditional Use  
Permit be postponed until the April 25th ZLR Committee meeting due to public  
opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02587  
APPLICANT: MICHAEL AND DIANNE RIPP  
LOCATION: NORTH OF 6970 MADIGAN ROAD, SECTION 20, TOWN  
OF VIENNA  
CUP DESCRIPTION: continuation of an existing mineral extraction  
operation (previous cup has expired)  
Support: Dustin Gradel, and Terry Wenger  
Opposed: None  
A motion was made by BOLLIG, seconded by RATCLIFF, to approve the CUP  
based on the findings of fact as noted in the staff report and conclude that the  
CUP meets the 8 standards of obtaining a CUP with the conditions as noted in the  
staff report. The motion carried by the following vote: 4-0.  
1) The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan, phasing plan, and  
following conditions.  
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 and be consistent with Dane County Zoning  
Ordinance Section 10.102(8).  
8) If the Dane County Highway Department, Department of Transportation, 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 born by the landowner. Costs born 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 must post, in a prominent public place and in a form approved by  
the zoning administrator, a placard with the approved Conditional Use Permit  
number, the nature of the operation, name and contact information for the  
operator, and contact information for the Dane County Zoning Division.  
11) The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12) Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit. The holder of a conditional use permit  
shall be given a reasonable opportunity to correct any violations prior to  
revocation.  
13) Topsoil, or appropriate topsoil substitute as approved in a reclamation plan  
under Chapter 74, Dane County Code, from the area of operation shall be saved  
and stored on site for reclamation of the area. Topsoil or approved topsoil  
substitute must be returned to the top layer of fill resulting from reclamation.  
14) The applicant shall submit an erosion control plan under Chapter 14, Dane  
County Code covering the entire CUP area for the duration of operations, and  
receive approval of an erosion control permit prior to commencing extraction  
operations.  
15) The permit period shall be twenty (20) years from effective date.  
16) A new reclamation plan shall be prepared and submitted within six (6)  
months of approval of the conditional use permit. The plan shall be specific to  
the 40-acre boundary. Reclamation shall meet all requirements of Chapter 74 of  
the Dane County Code of Ordinances. In addition, all reclamation plans must  
meet the following standards:  
a) Final land uses after reclamation must be consistent with any applicable town  
comprehensive plan, the Dane County Comprehensive Plan, and the Dane  
County Farmland Preservation Plan.  
b) Final slopes shall not be graded more than 3:1 except in a quarry operation.  
c) The area shall be covered with topsoil and seeded to prevent erosion.  
d) The area shall be cleared of all debris and left in a workmanlike condition  
subject to the approval of Dane County  
e) High walls shall be free from falling debris, be benched at the top, and  
certified by a civil engineer to be stable.  
17) The driveway accessing the subject site shall either be paved or covered with  
crushed asphalt for a minimum distance of 100 feet from the public right-of-way.  
The operator shall maintain the driveway in a dust free manner in accordance  
with local, state, and federal regulations, and shall clean any dust or mud  
tracked onto public roads.  
18) The access to the driveway shall have gates securely locked when the  
extraction site is not in operation. The site shall be signed “no trespassing.”  
19) All surface and subsurface operations shall be setback a minimum of 20’ from  
property lines that do not abut a public right of way.  
20) Excavations below the grade abutting Madigan Road shall be setback 30 feet  
from the property line.  
21) Hours of operation shall be Monday through Friday 7:00am to 6:00pm, and  
Saturday 7:00am to 4:00pm. There shall be no operations of any kind Sundays  
and on holidays. Holidays are to include: New Year’s Eve, New Year’s Day,  
Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas  
Eve, and Christmas.  
22) There shall be a safety fence around the entire extraction area at all times.  
That safety fence shall be a minimum of 4 feet in height.  
23) There shall be no alteration of topography within 5 feet of the property line.  
24) Except for incidental removal associated with dust spraying or other routine  
operations under this permit, water shall not be pumped or otherwise removed  
from the site.  
25) The operator shall require all trucks and excavation equipment to have  
muffler systems that meet or exceed the current industry standards for noise  
abatement.  
26) The operator shall meet DNR standards for particulate emissions as described  
in NR 415.075 and NR 415.076, Wisconsin Administrative Code.  
27) Dane County and the Town shall be listed as additional named insureds on  
the operator’s liability insurance policy, which shall be for a minimum of  
$1,000,000 combined single limit coverage per occurrence. The operator shall  
furnish a copy of a Certificate of Insurance as evidence of coverage before  
operations commence. The liability insurance policy shall remain in effect until  
reclamation is complete.  
28) Any fuel storage on-site shall comply with ATCP 93, Wisconsin Administrative  
Code, including provisions for secondary spill containment. All excavation  
equipment and vehicles shall be fueled, stored, serviced, and repaired on lands  
at least 3 feet above the highest water table elevation to prevent against  
groundwater contamination from leaks or spills.  
29) In the event that a mineral extraction operation will destroy an existing  
Public Land Survey Monument, witness monuments must be established in safe  
locations and a new Monument Record filed by a Professional Surveyor, prior to  
excavation and disturbance of the existing monument.  
30) Blasting or crushing of material is prohibited.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02589  
APPLICANT: CUMMINGS AND TURK FARMS LLC  
LOCATION: 3436 NORTH STAR RD, SECTION 34, TOWN OF  
COTTAGE GROVE  
CUP DESCRIPTION: outdoor storage for contractor business  
Support: David Cummings  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, to approve the CUP  
given that the CUP meets the 8 standards of obtaining a CUP with the conditions  
as noted in the staff report. The motion carried by the following vote: 4-0.  
1. A seven-foot-high berm must be constructed on the south side of the outdoor  
storage area, planted with evergreens of sufficient size and density to provide  
effective screening of the outdoor stored items.  
2. The berm must be planted and mowed to prevent erosion and invasive  
species.  
3. The berm and plantings must be completed within 6 months of approval of the  
CUP. Trees are to be planted on the north side of the outdoor storage area where  
possible (up to the Bio Basin)  
4. Hours of operation for loading and unloading of outdoor stored items to be 6  
a.m. to 6 p.m., seven days per week.  
5. Applicant to follow his written statement if intent and operations plan as  
submitted with his CUP application to Dane County.  
6. This CUP shall become effective upon Rezone Petition 11918, to rezone the  
land from FP-1 to GC, becoming effective.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
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  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0.  
1. A Delayed Effective Date of 180 days from the date of county board approval of  
the rezoning petition shall be imposed.  
2. Within 180 days of county board approval of the rezoning petition, the owner  
shall provide the zoning administrator with copies of all required permits and  
licenses for operation of a composting facility.  
3. Upon submittal of the required permits and licenses, owner shall record a  
deed restriction on the FP-B zoned property (tax parcels 081202380006, and  
081202395009) that states the following:  
a. Allowable land uses are limited exclusively to a composting facility and  
agricultural uses.  
4. Failure to provide the required materials or record the required deed  
restriction within the 180 day time period shall cause the rezoning to be null and  
void.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02550  
APPLICANT: CARBON CYCLE CONSULTING LLC  
LOCATION: 464 CANAL ROAD, SECTION 2, TOWN OF MEDINA  
CUP DESCRIPTION: composting facility / manure processing facility  
A motion was made by BOLLIG, seconded by RATCLIFF, to approve the CUP  
based on the findings of fact as noted in the staff report and concluded that the  
CUP meets the 8 standards of obtaining a CUP with the conditions as noted in the  
staff report. The motion carried by the following vote: 4-0.  
1) This Conditional Use Permit for a composting facility shall not become  
effective until FP-B (Farmland Preservation – Business) zoning is established on  
the property as proposed under rezoning petition 11789.  
2) The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan, phasing plan, and  
following conditions.  
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 and licenses. 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 born by the landowner. Costs born 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 must post, in a prominent public place and in a form approved by  
the zoning administrator, a placard with the approved 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 a reasonable opportunity to correct any violations prior to  
revocation.  
14) The operator shall take reasonable measures to control dust on the driveway  
a minimum of 500 feet from the public right of way.  
15) The operator and Town of Medina will enter into a road maintenance  
agreement.  
16) All vehicle accessing the site must obey posted road weight limits.  
17) Hours of operation for deliveries shall be 6-8pm daily.  
18) This Conditional Use Permit is non-transferrable and shall expire upon sale or  
transfer of the property or the business operation to an unrelated party.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11885  
APPLICANT: JENSEN FAMILY FARM LLC (JERRY JENSEN)  
LOCATION: NORTH AND SOUTH OF TOWN PARK ROAD, SECTION  
15, TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District, RR-2 Rural Residential District TO FP-35 Farmland  
Preservation District, FP-1 Farmland Preservation District TO FP-35  
Farmland Preservation District, RR-4 Rural Residential District TO FP-35  
Farmland Preservation District  
REASON: rezone to reconfigure lot lines  
Attachments: 11885 Ord Amend  
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: 4-0.  
1. A developers agreement shall be approved by Town Board.  
2. Engineering plans shall be approved by Town Board.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11911  
APPLICANT: RONALD & BARBARA HENNINGS LIVING TR  
LOCATION: 6260 SOMMER VALLEY CIR, SECTION 4, TOWN OF  
BURKE  
CHANGE FROM: RR-4 Rural Residential District TO RR-1 Rural  
Residential District, RR-4 Rural Residential District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11911 Ord Amend  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
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  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Conditional Use  
Permit be postponed due to no Town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
Excused:  
F. Plats and Certified Survey Maps  
Statz Land Division Waiver (associated with petition 11928)  
Town of Dane  
Staff recommends approval based on the fact that this new lot will not be  
used for residential purposes.  
Attachments: Report  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Land Division  
waiver be approved. The motion carried by a voice vote: 4-0.  
Finding of fact: Lot 1 is not a buildable lot for residential purposes and will be  
conveyed to an adjacent land owner.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
Report of approved and recorded Certified Survey Maps  
Attachments: Mar_2023  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by RATCLIFF, seconded by BOLLIG, to adjourn the March 28,  
2023 Zoning and Land Regulation Committee meeting at 9:36pm. The motion  
carried unanimously.  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.