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, April 25, 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.  
Staff present: Allan, Everson, Holloway, Violante  
4 - JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, and KATE MCGINNITY  
Present  
Excused  
1 - MELISSA RATCLIFF  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
April 25, 2023 ZLR Registrants  
C. Consideration of Minutes  
A motion was made by BOLLIG, seconded by MCGINNITY, that the minutes of the  
March 28, 2023 ZLR Committee be approved. The motion carried by the following  
vote: 3-0-1.  
3 - BOLLIG,DOOLANandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
Abstain:  
1 - KIEFER  
Minutes of the March 28, 2023 Zoning and Land Regulation Committee  
meeting  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 11933  
APPLICANT: SEAN GALLAGHER  
LOCATION: NORTH OF 7254 BLACK HILL ROAD, SECTION 16, TOWN  
OF DANE  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-8 Rural  
Residential District  
REASON: rezoning a legal lot of record for single-family use  
Attachments: 11933 Ord Amend  
In Support: Sean and Morgan Gallagher, Perry Heiser  
Opposed: None  
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,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11934  
APPLICANT: R & J ACRES LLC  
LOCATION: EAST OF 1985 SPRING ROSE RD, SECTION 25, TOWN  
OF SPRINGDALE  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-1 Rural  
Residential District  
REASON: expand size of residential lot  
Attachments: 11934 Ord Amend  
In Support: Jeff Annen, Kyle Annen  
Opposed: None  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11935  
APPLICANT: DAHLK REV LIVING TR (HOWARD & CHRISTINE DAHLK)  
LOCATION: 2134 COUNTY HIGHWAY J, SECTION 26, TOWN OF  
SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-1 Rural  
Residential District, AT-35 Agriculture Transition District TO RR-2 Rural  
Residential District, AT-35 Agriculture Transition District TO RR-4 Rural  
Residential District  
REASON: creating 4 new residential lots  
In Support: Sam Simon  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be postponed at the applicant's request. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11936  
APPLICANT: ROBERT REYNOLDS  
LOCATION: 38 COUNTY HIGHWAY N, SECTION 33, TOWN OF ALBION  
CHANGE FROM: RM-8 Rural Mixed-Use District TO FP-35 Farmland  
Preservation District, RM-8 Rural Mixed-Use District TO RR-2 Rural  
Residential District, RM-16 Rural Mixed-Use District TO FP-35 Farmland  
Preservation District  
REASON: reduce the size of a residential lot  
Attachments: 11936 Ord Amend  
In Support: Ryan Combs, Dan Higgs  
Opposed: None  
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,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11937  
APPLICANT: KIMBERLY AND TIMOTHY SCHMITT  
LOCATION: 4355 KRUEGER RD, SECTION 11, TOWN OF DEERFIELD  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11937 Ord Amend  
In Support: Kim Schmitt  
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: 4-0.  
1. The TDR-S (Transfer of Development Rights – Sending) overlay zoning district  
shall be assigned to the sending property (tax parcel 0712-232-9500-8).  
2. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning district  
shall be assigned to the proposed RR-2 lot.  
3. A deed restriction shall be recorded on parcel 0712-232-9500-8 stating the  
following:  
a. Further nonfarm development is prohibited. The housing density rights for  
the former farm have been exhausted per the Town Comprehensive Plan density  
policies.  
4. A deed notice shall be recorded on the proposed RR-2 residential lot (proposed  
Lot 2 of the Certified Survey Map) indicating that it was created as part of a  
Transfer of Development Rights.  
5. A deed restriction shall be recorded on the remaining 32.5 acre RM-16 parcel  
(proposed Lot 1 of the Certified Survey Map, part of tax parcel 0712-112-9210-0)  
stating the following:  
a. Further division or nonfarm development is prohibited. The housing density  
rights for the former farm have been exhausted per the Town Comprehensive  
Plan policies.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11938  
APPLICANT: TOWN OF MONTROSE C/O JOHN SAYLES  
LOCATION: 1415 RANGE TRAIL, SECTION 3, TOWN OF MONTROSE  
CHANGE FROM: LC Limited Commercial District TO HAM-M Hamlet  
Mixed-Use District, NR-C Natural Resource Conservation District TO  
HAM-M Hamlet Mixed-Use District  
REASON: bring property into compliance with existing land use (town  
public works facility)  
In Support: John Sayles  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be postponed until May 9th to allow staff to work with the town on a  
restriction related to floodplain development. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: REZONE 11939  
APPLICANT: FREDERICK C WOLF  
LOCATION: NORTH OF 5630 WOLF ROAD, SECTION 15, TOWN OF  
MAZOMANIE  
CHANGE FROM: RM-16 Rural Mixed-Use District TO LC Limited  
Commercial District, RM-16 Rural Mixed-Use District TO FP-35 Farmland  
Preservation District  
REASON: creating a lot for a building contractor office  
Attachments: 11939 Ord Amend  
In Support: Fred Wolf  
Opposed: None  
A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0.  
1. A deed restriction shall be recorded on the new LC-zoned CSM lot stating the  
following:  
a. A caretaker’s residence land use is prohibited on the property because the  
housing density units have been exhausted on the original farm per the Town  
Comprehensive Plan policies.  
2. A deed restriction shall be recorded on FP-35 zoned tax parcels 080616495002,  
080616485004, 080616480009, 080616193600, 080616191607, 080615390000 stating  
the following:  
a. Further nonfarm/residential development is prohibited. The housing density  
units have been exhausted per the Town Comprehensive Plan density policies.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: CUP 02591  
APPLICANT: DAN AND MARLENE LA FLEUR  
LOCATION: 3440 MEADOW ROAD, SECTION 32, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: small animal boarding facility  
In Support: Dan and Lena La Fleur  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Conditional  
Use Permit be postponed due to no town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: CUP 02592  
APPLICANT: WARM BELLY NOBLE LLC (FRANCIS WISNIEWSKI)  
LOCATION: 4305 & 4311 VILAS HOPE ROAD, SECTION 7, TOWN OF  
COTTAGE GROVE  
CUP DESCRIPTION: agricultural entertainment for events more than 10  
calendar days per year  
In Support: Francis Wisniewski, Joseph Gallagher  
Opposed: None  
Neither in Support nor Opposed: Robert Hammond  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Conditional  
Use Permit be postponed until May 9th due to staff concerns. The motion carried  
by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
RECONSIDERATION OF CUP 2578 FOR A 195’ SELF-SUPPORTING  
COMMUNICATION TOWER LOCATED ON THE PROPERTY AT 1576  
SPRING ROAD, SECTION 3, TOWN OF DUNKIRK  
In Support: Jake Remington, Derek McGrew, Dale Smith  
Opposed: Daniel Linden, John Matson, Mark Matson, Abigail Dahlberg, Patrick Odette,  
Tom Linden  
A motion was made by BOLLIG, seconded by MCGINNITY, that action on this item  
be postponed to allow staff to work with the applicants. The motion carried by  
the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
PETITION: REZONE 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  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, to recommend that the  
Zoning Petition be denied. The proposal is inconsistent with the Town  
Comprehensive Plan policies. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
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.  
Attachments: 11928 Ord Amend  
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: 4-0.  
1. The certified survey map shall reflect the existing driveway access easement  
as defined under Register of Deeds document #3266066.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
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  
Attachments: 11929 Ord Amend  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0.  
1. The applicant shall have a surveyor prepare a scaled drawing detailing the  
area subject to wetland regulations. The area shall be labeled: “Buildings and  
structures are prohibited in this area”. The drawing shall be part of the deed  
restriction.  
2. A deed restriction shall be recorded on the property stating the following:  
a. No buildings or structures shall be constructed within the area as  
designated “Buildings and structures are prohibited in this area” on the attached  
map.  
b. The building basement floor elevation shall be no lower than 927 feet ASL.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
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  
Attachments: 11931 Ord Amend  
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: 4-0.  
1. A certified survey map shall be recorded with the Register of deeds to  
consolidate the portions of the property.  
2. Kevin Lindus and Matthew Hunter obtaining approval of the rezone from Dane  
County and satisfaction of any conditions thereof by June 30, 2023. In the event  
this condition of approval is not fulfilled or waived by the Town Board by June  
30, 2023, this approval shall be automatically null and void.  
3. A deed restriction shall be recorded on tax parcels 0810-084-9680-3 and  
0810-084-9688-5 stating the following:  
Land use shall be limited exclusively to the following:  
1) Contractor, landscaping or building trade operations  
2) Indoor storage and repair  
3) Indoor sales  
4) Light industrial uses  
5) Off-site parking lot or garage  
6) Office uses  
7) Outdoor sales, display or repair  
8) Outdoor storage  
9) Personal or professional service  
10) Utility services  
11) Vehicle repair or maintenance services  
12) Salvage recycling operations  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
PETITION: CUP 02590  
APPLICANT: LINDUS PROPERTIES LLC  
LOCATION: 4281 ACKER RD., SECTION 8, TOWN OF BURKE  
CUP DESCRIPTION: salvage yard  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Conditional  
Use Permit be approved with conditions, finding that the proposal meets the  
applicable Conditional Use Permit standards. The motion carried by the  
following vote: 4-0.  
CONDITIONS:  
Standard conditions for all conditional use permits  
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.  
Conditions unique to CUP 2590  
13) This conditional use is strictly for Matthew Hunter, doing business as Madison  
Auto Recycling, LLC located at 4281 Acker Road in the Town of Burke.  
14) Owner must provide sanitary facilities such as well and septic.  
15) The Town Board and Plan Commission approve the following hours of  
operation.  
• 8:00 a.m. to 5:00 p.m., Monday through Friday  
• 8:00 a.m. to 12:00 p.m., Saturday.  
• No outdoor operations of any kind shall take place on Sundays or legal  
holidays.  
16) The property must be screened with privacy fencing per photo provided in  
application such as corrugated steel panels. The fence shall be painted in a  
consistent color. Front fence will be 6 feet in height and 8 feet on the sides with  
no fence in back where the 8-foot berm already exists.  
17) Dismantling of vehicles shall take place inside the building.  
18) All business vehicles and machinery shall be kept in running condition and in  
good maintenance.  
19) Driveway improvements must be permitted by the Town and must be with  
storm water runoff in mind. Neighbor properties must not be negatively  
impacted. There shall be an asphalt apron, size and placement approved by the  
Town engineer, to mitigate mud and gravel to travel out onto Acker Road.  
20) Property must contain lighting. The lighting shall be direct down-lighting.  
21) Outdoor signage must meet Dane County zoning requirements.  
22) Owner shall meet DNR standards for indoor and outdoor storage of salvaged  
vehicles.  
23) An on-site hazardous material spill containment kit large enough to capture a  
complete spillage is required.  
24) Outdoor storage of salvage materials, merchandise, vehicles, and equipment  
shall be done in an orderly manner.  
25) The existing trees bordering the property shall be maintained and serve as  
screening between the outdoor storage areas and adjoining properties.  
26) All hazardous materials or liquids must be stored properly.  
27) Fuel storage. All fuel storage must comply with ATCP 93, Wisconsin  
Administrative Code, including provisions for secondary spill containment.  
28) The applicant shall apply for and receive all other required local, state, and  
federal permits including storm water runoff permits for auto repair and auto  
salvage.  
29) The conditional use permit shall be for a Type 1 License Salvage Yard only.  
30) The Conditional Use Permit (CUP) shall expire should Madison Auto Recycling  
LLC be sold or leave the property for any reason.  
31) There will be no car crushing at this location.  
32) There will be no vehicle storage (stacking) higher than fence height in front.  
33) Screening of current trees or replacement with arborvitaes in front of fence  
between Acker Rd and fence is required.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
Ayes:  
1 - RATCLIFF  
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  
A motion was made by MCGINNITY, seconded by BOLLIG, to close public  
testimony for this item. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Conditional  
Use Permit be postponed until Town Action is received. The motion carried by  
the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
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)  
A motion was made by BOLLIG, seconded by MCGINNITY, to enter the letters  
received from the town and applicant after the public hearing into the public  
record. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Conditional  
Use Permit be approved with conditions, finding that the proposal meets the  
applicable Conditional Use Permit standards. The motion carried by the  
following vote: 4-0.  
CONDITIONS:  
1. The Town finds that the proposal meets the general standards for conditional  
use permits per Dane County Ordinances 10.101(7)(d)1.  
2. The Town finds that the proposed conditional use is consistent with the  
adopted Town Comprehensive Plan.  
3. The CUP is granted subject to all standard conditions specified in Dane County  
Zoning Ordinance Section 10.101(7)(d)2, as applicable.  
4. This conditional use permit shall expire in the event the property is sold or  
transferred to another owner. Continuation or extension of an expired  
conditional use requires re-application and approval by the Town Board and  
Dane County.  
5. The applicant shall comply with all licensing and permitting requirements for  
short-term rentals.  
6. Landowner will apply for, obtain and maintain an appropriate transient or  
tourist lodging rental license from Madison/Dane County Department of Public  
Health.  
7. The rental shall be limited to 8 overnight guests.  
8. This Conditional Use Permit shall expire one (1) year after the effective date.  
Landowner may renew the CUP by successfully obtaining a new CUP prior to the  
expiration date.  
9. The maximum number of allowable rental days within a 365-day period is 180  
days. The landowner must notify the Town Clerk in writing when the first rental  
within a 365-day period begins.  
10. Quiet hours shall be 10:00pm to 8:00am, all days of the week.  
11. No more than 5 overnight vehicles shall be on the premises at any one time.  
All vehicles must be parked on paved driveway surfaces or inside the existing  
garage and maintain adequate access for emergency vehicles.  
12. No pets allowed.  
13. Any new outdoor lighting shall be downward directed, designed to minimize  
ambient spill and shall comply with all applicable requirements of the Town of  
Middleton.  
14. 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.  
15. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site.  
16. 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.  
17. Failure to comply with any imposed conditions, or to pay reasonable  
Town/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 the revocation.  
18. If the transient or tourist lodging operation is abandoned for one year or  
more, this conditional use permit shall be terminated. Future re-establishment of  
an abandoned conditional use shall require approval of a new conditional use  
permit.  
19. The operation of all-terrain vehicles, ATVs, and snowmobiles by occupants of  
the transient or tourist lodging operation shall be prohibited on the property.  
20. Signage is prohibited.  
21. Fireworks are prohibited.  
22. The owner, or their designated emergency contact person, be available  
within one (1) hour to address any problems.  
23. Emergency contact information shall be provided to the neighbors,  
Applewood Homeowners Association President, the Town of Middleton, and  
Dane County Zoning Division.  
24. The owner or operator must provide the Town of Middleton Clerk with a copy  
of the current rental agreement no later than the date of issuance of the CUP. In  
the event the agreement is modified in any manner, the modified agreement  
must be provided to the Town of Middleton Clerk within ten (10) calendar days of  
the date the modified agreement is placed in use.  
25. The rental period shall be a minimum of 5 nights.  
26. Landowner will conduct a background check on any prospective renter.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
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)  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Conditional  
Use Permit be approved with conditions, finding that the proposal meets the  
applicable Conditional Use Permit standards. The motion carried by the  
following vote: 4-0.  
CONDITIONS:  
Town of Dunn Conditions  
1. The rental period shall be between a minimum of 7 days to a maximum of 29  
days.  
2. The maximum number of allowable rental days within a 365-day period is 180  
days. This 180 day period must run consecutively. The landowner must notify  
the Town of Dunn Clerk in writing when the first rental within a 365-day period  
begins.  
3. There shall be no advertising that is inconsistent with Condition #1 and  
Condition #2. Advertisements must be consistent with Condition #1 and Condition  
#2 prior to the issuance of a Conditional Use Permit.  
4. Applicant shall not advertise for, nor accept reservations for, more than 8  
guests over 12 years old and no more than 10 total guests  
5. Operator shall designate off-street parking spaces for renters on the property  
and limit the number of renter vehicles, trailers, and recreational items not to  
exceed the number of parking spaces the operator provides. Parking space limit  
shall appear in all advertising for the short-term rental.  
6. Any external lighting shall be restricted to safety lights at the entrance and  
exits of buildings. Lighting must be dark skies compliant and no light shall spill  
over neighboring property line. Small, overhead string lights to light the patio, as  
described in the CUP application, are allowed as long as this light does not spill  
over the neighboring property line.  
7. Holder of the CUP is required to obtain all necessary local, county, state, and  
federal permits and licenses related to the transient and tourist lodging  
operation.  
8. The CUP will terminate when the property is sold.  
Standard Conditions that apply to all conditional uses (from s. 10.101(7)(d)2)  
9. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
10. 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.  
11. 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.  
12. 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.  
13. 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.  
14. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
15. Off-street parking must be provided, consistent with s. 10.102(8).  
16. 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.  
17. 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.  
18. 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.  
19. 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.  
20. 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.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
G. Resolutions  
ACCEPTING FEDERAL COMMUNICATIONS COMMISSION  
AFFORDABLE CONNECTIVITY PROGRAM OUTREACH GRANT  
FUNDS  
RATCLIFF, GLAZER, HUELSEMANN and JOERS  
Sponsors:  
Attachments: 2023 RES-042  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Resolution be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
1 - RATCLIFF  
Ayes:  
Excused:  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by BOLLIG, seconded by MCGINNITY, to adjourn the meeting  
at 8:40pm. The motion carried unanimously.