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, May 9, 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: Rachel Holloway, Roger Lane, Olivia Parry, Todd Violante  
5 -  
Present  
JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, KATE MCGINNITY, and  
MELISSA RATCLIFF  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
May 9, 2023 ZLR Registrants  
C. Consideration of Minutes  
April 25, 2023 ZLR Committee Meeting Minutes  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the minutes of  
the April 25, 2023 ZLR Committee meeting be approved. 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  
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)  
Attachments: 11938 Ord Amend  
In support: John Sayles, Brian Brown  
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.  
A deed restriction shall be recorded on the lot stating the following:  
1. The land uses on the property shall be limited exclusively to the following:  
a. Permitted uses:  
i. Office uses  
ii. Governmental, institutional, religious or nonprofit community uses  
iii. Undeveloped natural resource and open space areas  
iv. Utility services associated with a permitted use  
v. Transportation, utility, communication or other uses required by law  
b. Conditional uses:  
i. Reduction of side yard setback to less than 10 feet total  
ii. Outdoor sales events  
iii. Transportation, utility, communication or other uses not required by law  
2. Any development on the property shall comply with the “Standards for  
Development in the Floodfringe District” under Chapter 17 of Dane County  
ordinances.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
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 MCGINNITY, seconded by BOLLIG, that action on the  
Conditional Use Permit be postponed at the applicants' request. The motion  
carried by the following vote: 4-0-1 (Ratcliff abstaining)  
4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY  
Ayes:  
1 - RATCLIFF  
Abstain:  
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  
A motion was made by BOLLIG, seconded by KIEFER, to accept the email from  
Tom Willan received April 25, 2023 to the record for this agenda item. The motion  
carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be approved, finding that the proposal meets the standards for  
obtaining a CUP with the conditions as noted in the staff report. The motion  
carried by the following vote: 5-0.  
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 and phasing plan.  
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, consistent with s. 10.102(8). Since the  
number of patrons has not been identified, if parking capacity becomes an issue  
this CUP may be reviewed and possibly revoked.  
8. 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.  
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.  
Other Conditions Specific to CUP 2592  
13. There shall be no parking on either side of Vilas Hope Road. The applicant  
shall be responsible for the installation of “No Parking” signs and shall  
coordinate with the Town Highway Superintendent to determine the signage  
location and details. The applicant shall be responsible for the cost of the  
signage.  
14. A stormwater management plan shall be approved by Dane County Land and  
Water Resources Department. The management features shall be installed prior  
to the use of the rear parking lot.  
15. The applicant shall be responsible for any driveway improvements required  
by the Town Highway Superintendent including but not limited to size of the  
culvert and the design of the driveway where it meets Vilas Hope Road.  
16. The applicant shall install “No Parking” signs on the traffic lane on the north  
side of the buildings.  
17. The exterior lighting shall conform to the operations plan, as well as Dane  
County and Town of Cottage Grove ordinances. Any additional lighting would  
require an amendment to the conditional use permit.  
18. The petitioners have asked to reserve the option to replace the portapotties  
with a restroom building in the future. Both options are suitable, subject to  
condition #5.  
19. Outdoor amplified sound is prohibited. Any proposed amplified sound will  
require an amendment to the conditional use permit.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
F. Plats and Certified Survey Maps  
G. Resolutions  
AMENDING THE 2023 OPERATING BUDGET AND AUTHORIZING A  
CONTRACT AMENDMENT FOR THE DANE COUNTY REGIONAL  
HOUSING STRATEGY WITH SB FRIEDMAN DEVELOPMENT  
ADVISORS, LLC  
RATCLIFF, HUELSEMANN and ENGELBERGER  
Sponsors:  
Attachments: 2023 RES-023  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Resolution be  
recommended for approval. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
Discussion regarding the definition and design of single-family residences  
Zoning Administrator Lane explained that there is a rising trend in single-family  
house designs which are causing conflicts between zoning inspectors and  
builders. The introduction of additional kitchens and duplicate living spaces are  
raising concerns of whether the house designs are a single-family residence or a  
two-family dwelling.  
Discussion regarding motions for Conditional Use Permits  
Zoning Administrator Lane provided information regarding ordinance language  
on actions for conditional use permits.  
2021-2023 Legislative Agenda  
A motion was made by KIEFER, seconded by RATCLIFF, to identify Broad Band  
Infrastructure and Climate Change as priority topics of the 2021-2023 Legislative  
Agenda. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by BOLLIG, seconded by RATCLIFF, to adjourn the meeting  
at 8:00pm. The motion carried unanimously.