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?  
This meeting is being conducted on land now known and recognized as Dane County, Wisconsin. We  
acknowledge that this land is at the same time the ancestral, traditional, & contemporary land of the  
Ho-Chunk, Sauk & Kickapoo nations.  
Tuesday, June 13, 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: Todd Violante, Roger Lane, Dan Everson, Majid Allan, Rachel  
Holloway  
4 - JERRY BOLLIG, TIM KIEFER, KATE MCGINNITY, and MELISSA RATCLIFF  
Present  
B. Public comment for any item not listed on the agenda  
No comments  
2023  
June 13, 2023 ZLR Meeting Registrants  
RPT-146  
Attachments:  
June 13 registrants final  
C. Consideration of Minutes  
2023  
May 23, 2023 ZLR Committee Meeting Minutes  
MIN-129  
Attachments:  
5-23-23 ZLR Public Hearing Minutes  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the minutes of  
the May 23, 2023 meeting be approved. The motion carried by the following vote:  
5-0  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
C. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
E. Zoning Map Amendments and Conditional Use Permits from previous  
meetings  
02594  
PETITION: CUP 02594  
APPLICANT: TRIERWEILER CONSTRUCTION & SUPPLY COMPANY  
LOCATION: 4381 MARSH ROAD, SECTION 26, TOWN OF  
BLOOMING GROVE  
CUP DESCRIPTION: temporary concrete batch plant in the Wingra  
Quarry  
Attachments:  
CUP 2594 Staff Update  
CUP 2594 DNR general permit  
CUP 2594 Town Action  
CUP 2594 Madison Letter  
CUP 2594 DOT Project Map USH 12-18 and CTH AB  
CUP 2594 Map  
CUP 2594 APP  
CUP 2594 Letter of opposition - CCRD.pdf  
CUP 2594 Letter of opposition - Lost Creek.pdf  
CUP #2594.pdf  
In Support: Nick Petit, Joseph Buttler  
Opposed: Lisa Crane, Julia Hunter, Connie Korth, Amanda Dwyer, Sabrina Tolley, Joy  
Ableman, Jessica Shellenberger, Tony Gionata, Craig Clausen, Erick Miller, Liz DeVos,  
Meredith Hughey, Jon Crane, Mitch Shellenberger  
Neither in Support nor Opposed: Michael Glowacki  
A motion was made by BOLLIG, seconded by MCGINNITY, to suspend the rules  
to admit additional written testimony to the public record.  
The motion and second were withdrawn after discussion that the Committee  
heard sufficient testimony at the May 23rd public hearing.  
A motion was made by BOLLIG, seconded by MCGINNITY, to approve the  
Conditional Use Permit based on the findings of fact as noted in the staff report,  
and it has been determined 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 that apply to all conditional uses  
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).  
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.  
Conditions Specific to CUP 2594  
13. The batch plant shall only be used for the WisDOT US 12/18 and County AB  
Interchange construction project.  
14. The conditional use permit shall expire on December 31, 2024.  
15. Water truck shall be present on-site to water down drive path in order to  
reduce dust for vehicular movement.  
16. The operator shall comply with the requirements of DNR General Permit  
WI-0046507-6.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
F. Plats and Certified Survey Maps  
2023 LD-001 Eugster Certified Survey Map Variance  
Town of Rutland  
Attachments:  
Report  
Eugster Revised CSM 6-1-23  
Eugster variance app.pdf  
In Support: Jacob Eugster  
Opposed: None  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Land Division  
waiver be approved to allow Lot 1 to maintain less than 66 feet throughout. The  
motion carried by the following vote: 5-0.  
Finding of fact: Both proposed lots have ample public road frontage, but due to  
the number of approved access points along STH 138, a shared private access  
easement will be recorded for the benefit of both lots.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
2023  
ACT-004  
RECONSIDERATION OF CUP 2578 FOR A 195’ SELF-SUPPORTING  
COMMUNICATION TOWER LOCATED ON THE PROPERTY AT 1576  
SPRING ROAD, SECTION 3, TOWN OF DUNKIRK  
Attachments:  
CUP #2578 REV.pdf  
CUP 2578 Reconsideration - staff update and recommendations  
CUP 2578 Aviation Safety Compliance Report  
CUP 2578 Reconsideration - Staff Update Memo  
CUP 2578 - Opposition letters  
CUP 2578 - Applicant Airspace Safety ASAC Consultant Report  
CUP 2578 - Applicant proposed tower lighting details  
CUP 2578 - WISDOT staff comments on concerns  
CUP 2578 - WISDOT staff response RE_ Summary of airport  
concerns with cell tower at 1576 Spring Rd (CUP 2578)  
CUP 2578 Corporation Counsel letter  
CUP 2578 Iron Mountain Notice Letter  
CUP 2578 RF Engineering Report  
CUP 2578 Updated Photosimulations 112922  
CUP 2578 Application package  
CUP 2578 Supplement - Updated FAA No Hazard Determination  
CUP 2578 Supplement - Updated Notarized Sworn Statement  
CUP 2578 Supplement - Updated Construction Drawings and Site  
Plan (092922)  
CUP 2578 - Final Tower Construction Drawings (160' + 3' lightning  
rod)  
Senior Planner Majid Allan provided an update to inform the Committee that staff  
has been working with the applicants after the item was postponed at the public  
hearing. Because there is still no agreement between the parties on the tower  
height, staff has selected a consultant as provided for by ordinance, to provide  
expertise on the matter of safety in relation to the nearby airport. Staff has  
informed the applicants of the county’s intent to hire the consultant to conduct  
this review and provide a recommendation, the cost of which would be paid by  
the applicant. Allan noted that, per the ordinance, the applicant has the option to  
withdraw the application if they choose not to pay the costs.  
J. Reports to Committee  
2023  
Status of pending rezoning petitions and conditional use permits  
RPT-133  
Attachments:  
Status of pending rezoning petitions and CUP applications.pdf  
Zoning Administrator Roger Lane provide an update to the Committee on rezone  
and conditional use petitions that are still pending final action after having been  
postponed at the public hearing.  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by RATCLIFF, seconded by BOLLIG, to adjourn the meeting  
at 7:07pm. The motion carried unanimously.