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, March 26, 2024

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 March 26, 2024 Zoning and Land Regulation Committee

meeting to order at 6:31 PM

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

3 - JERRY BOLLIG, MICHELE DOOLAN, and MELISSA RATCLIFF

Present

2 - TIM KIEFER, and KATE MCGINNITY

Excused

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

No comments made by the public.

C. Consideration of Minutes

March 12, 2024 ZLR Committee Meeting Minutes

2023

MIN-560

Attachments: 03-12-2024 ZLR Work Meeting Minutes

A motion was made by BOLLIG, seconded by RATCLIFF, that the March 12, 2024

meeting minutes be approved. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and

Ordinance Amendments

12017

PETITION: REZONE 12017

APPLICANT: PLYMOUTH STONE LLC (JOSH KLEIN)

LOCATION: SOUTH AND EAST OF 1889 N. KOLLATH RD., SECTION

35, TOWN OF SPRINGDALE

CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-4 Rural

Residential District

REASON: create 3 new residential lots

Attachments: 12017 Ord Amend

In support: Josh Klein

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

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

following vote: 3-0.

1. A deed restriction shall be recorded on Lots 1, 2 and 3 of the certified survey

map stating the following:

a. Further land divisions for development are prohibited. The housing density

rights for the original Robert Kollath farm have been exhausted per the Town

Comprehensive Plan density policies.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12018

PETITION: REZONE 12018

APPLICANT: JOHN R DONLON

LOCATION: 3685 RIDGE ROAD, SECTION 23 & 24, TOWN OF

COTTAGE GROVE

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

Farmland Preservation District and RR-16 Rural Residential District; RR-2

Rural Residential District TO RR-16 Rural Residential District, FP-1

Farmland Preservation District TO RR-16 Rural Residential District

REASON: consolidate 4 parcels into 2 lots, one agricultural and one

residential

Attachments: 12018 Ord Amend

12018 Staff Report

12018 Town Action

12018 COTTAGE GROVE MAP

12018 APP

In support: Jack Donton, Travis Leeser

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

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

following vote: 3-0.

1. The final CSM shall dedicate the Ridge Road right-of-way to the Town.

3 - BOLLIG,DOOLANandRATCLIFF

Ayes:

Excused:

2 - KIEFERandMCGINNITY

12019

PETITION: REZONE 12019

APPLICANT: LEXI & LUCAS DOBRZYNSKI

LOCATION: SOUTH OF 6078 COUNTY HWY TT, SECTION 8, TOWN OF

MEDINA

CHANGE FROM: RR-2 Rural Residential District and FP-35 Farmland

Preservation District TO RR-4 Rural Residential District

REASON: increasing the size of an existing residential lot.

Attachments: 12019 Staff Report

12019 MEDINA MAP

12019 APP

In support: Lexi Dobrzynski

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

be postponed due to the need for access approval. The motion carried by the

following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12020

PETITION: REZONE 12020

APPLICANT: KEVIN HAHN

LOCATION: NORTH OF 3978 OLD STAGE ROAD, SECTION 28, TOWN

OF RUTLAND

CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: creating one residential lot

Attachments: 12020 Ord Amend

12020 Staff Report

12020 Town Action

12020 Density Study

12020 Pages from Center Rd Quarry Reclamation Plan 2023.01.11

12020 RUTLAND MAP

12020 APP

In support: Kevin Hahn

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

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

following vote: 3-0.

Owner shall record a deed restriction on the proposed RR-4 parcel fronting

Center Road that states the following:

• "This property is located adjacent to a quarry operation that was approved to

operate under a conditional use permit. There is also a non-conforming quarry

operation located at the southeast intersection of Old Stage Road and N. Union

Road. The landowner or future landowners are hereby notified that the quarry

activity involves blasting, heavy vehicle and equipment use, noise, dust, and

operations during the evening or early in the morning that may be of nuisance.

Any development of this property should take into account the ongoing nearby

quarry operations.”

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12021

PETITION: REZONE 12021

APPLICANT: DAVE AUCHTUNG

LOCATION: 7003 & 7063 DEANSVILLE ROAD, SECTION 20, TOWN OF

YORK

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District, FP-35 Farmland Preservation District TO RR-16 Rural

Residential District, RR-2 Rural Residential District TO RR-16 Rural

Residential District

REASON: creating two residential lots for existing residences

Attachments: 12021 Ord Amend

In support: Dave Auchtung

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

be recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12022

PETITION: REZONE 12022

APPLICANT: RICHARD & JUDITH SCHWENN

LOCATION: 8155 COUNTY HIGHWAY PD, SECTION 12, TOWN OF

SPRINGDALE

CHANGE FROM: SFR-08 Single Family Residential District TO AT-35

Agriculture Transition District

REASON: expand the size of a residential lot

Attachments: 12022 Ord Amend

In support: Richard Schwenn, Ed Short

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

be recommended for approval. The motion carried by the following vote: 3-0.

1. Shared driveway access easement shall be recorded for the benefit of the

proposed residential lot and the adjacent farm owned by Steve and Denise

Schwenn.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12023

PETITION: REZONE 12023

APPLICANT: JEFFREY AND CARMIN SELTZNER

LOCATION: 7295 STATE HIGHWAY 73, SECTION 16, TOWN OF YORK

CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 12023 Ord Amend

In support: Jeff and Carmin Seltzner

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

be recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12024

PETITION: REZONE 12024

APPLICANT: MIDDLETON, TOWN OF

LOCATION: VARIOUS PLAT/CSM LOTS, SECTIONS 17, 18, 29, 31 AND

32, TOWN OF MIDDLETON

CHANGE FROM: AT-5 Agriculture Transition District TO SFR-08 Single

Family Residential District, AT-5 Agriculture Transition District TO NR-C

Natural Resource Conservation District, SFR-08 Single Family Residential

District TO AT5 Agriculture Transition District

REASON: blanket rezone for various parcels based on town zoning policy

Attachments: 12024 Ord Amend

12024 Staff Report

12024 Town Action

12024 Blanket Rezone Town Map

12024 MIDDLETON MAP

12024 APP

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

be recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12025

PETITION: REZONE 12025

APPLICANT: AARYN & KALI HANDEL

LOCATION: 10146 MATHEWSON RD, SECTION 3, TOWN OF

MAZOMANIE

CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural

Mixed-Use District

REASON: expand size of existing lot

Attachments: 12025 Ord Amend

In support: Handel

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

be recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12026

PETITION: REZONE 12026

APPLICANT: MICHAEL AND YVETTE KINDSCHI

LOCATION: WEST OF 10007 COUNTY HIGHWAY Y, SECTION 23,

TOWN OF MAZOMANIE

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

Farmland Preservation District

REASON: zoning to enable sale of property for future use

Attachments: 12026 Ord Amend

In support: Mike Kindschi

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

be recommended for approval. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

E. Zoning Map Amendments and Conditional Use Permits from previous meetings

11983

PETITION: REZONE 11983

APPLICANT: TOM WATSON

LOCATION: 1746 STATE HWY 73, SECTION 34, TOWN OF

CHRISTIANA

CHANGE FROM: RM-16 Rural Mixed-Use District TO RM-8 Rural

Mixed-Use District and RR-2 Rural Residential District

REASON: creating one residential lot

Attachments: 11983 Ord Amend

11983 Staff Update

11983 Town Action

11983 DOT Access Approval

11983 Density Study - sending property

11983 Gunnulson Farm Map

11983 CHRISTIANA MAP

11983 APP

In support: Dan Higgs, Tom Watson

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: 3-0.

1. Applicant shall record a deed restriction prohibiting nonfarm development on

the TDR sending property (tax parcel 061234190209, located in the SW 1/4 of the

NE 1/4 of section 34, Town of Christiana).

2. The TDR-S (Sending Area) overlay zoning district shall be applied to tax parcel

061234190209.

3. The TDR-R (Receiving Area) overlay zoning district shall be applied to the

proposed RR-2 zoning lot (proposed Lot 1 of the Certified Survey Map).

4. Applicant shall record a notice document on the RR-2 zoned receiving area

property indicating that the lot was created as part of a transfer of development

rights.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

12015

PETITION: REZONE 12015

APPLICANT: COONS CONSTRUCTION OF VERONA LLC

LOCATION: EAST OF 7906 RIVERSIDE ROAD, SECTION 30, TOWN

OF VERONA

CHANGE FROM: AT-35 Agriculture Transition District TO SFR-1 Single

Family Residential District, AT-35 Agriculture Transition District TO NR-C

Natural Resource Conservation District

REASON: create a 17-lot residential subdivision with one outlot.

Attachments: 12015 Ord Amend

12015 Staff Update

12015 DC Hwy Email.pdf

12015 Town Action

12015 Navigability Determination

12015 VERONA MAP

12015 APP

Feb 27th Dane Co Hwy Dept Comments

In support: Tom Mathies, Mark Geller

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

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

following vote: 3-0.

1. The applicant shall record the final plat with the Dane County Register of

Deeds within 2 years of approval.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

F. Plats and Certified Survey Maps

G. Resolutions

H. Ordinance Amendment

I. Items Requiring Committee Action

2023

Discussion and possible action regarding the violation of conditions of

ACT-332

Conditional Use Permit #2610, SN Windy Acres LLC (Scott Niebuhr),

3160 County Hwy J,

Section 1, Town of Springdale. The conditional use permit was issued for

transient or tourist lodging.

Attachments: CUP violation, 3160 County Hwy J

CUP #2610

A motion was made by BOLLIG, seconded by RATCLIFF, to direct staff to monitor

the shot-term rental websites over the next few months for compliance. The

motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

2 - KIEFERandMCGINNITY

Ayes:

Excused:

J. Reports to Committee

K. Other Business Authorized by Law

L. Adjourn

A motion was made by BOLLIG, seconded by RATCLIFF, that the meeting be

adjourned at 7:21 PM. The motion carried by the following vote: 3-0.

3 - BOLLIG,DOOLANandRATCLIFF

Ayes:

2 - KIEFERandMCGINNITY

Excused: