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, October 12, 2021  
6:30 PM  
Virtual meeting  
The October 12, 2021 Zoning and Land Regulation Committee meeting is being held virtually. The public  
can access the meeting with the Zoom application or by telephone.  
To join the meeting in Zoom, click the following link (after you fill out the form, the meeting link and  
access information will be emailed to you):  
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This link will be active until the end of the meeting.  
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If you want to submit a written comment for this meeting, or send handouts for committee members,  
please send them to plandev@countyofdane.com  
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Yuav tsuam tau thov txog cov neeg txhais lus hau ntej; thov saib hauv qab kawg ntawm qhov txheej  
txheem rau cov ntaub ntawv ntxiv.  
A. Call to Order  
Chair Bollig called the October 12, 2021 Zoning and Land Regulation Committee  
meeting to order at 6:30pm.  
Staff present: Lane, Violante, Allan and Everson  
3 - JERRY BOLLIG, TIM KIEFER, and SARAH SMITH  
Present  
Excused  
2 - STEVEN PETERS, and MICHELE DOOLAN  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
October 12th ZLR meeting registrants  
2021  
RPT-556  
Attachments: Oct 12th ZLR Registrants  
C. Consideration of Minutes  
2021  
MIN-331  
Minutes of the September 28, 2021 Zoning and Land Regulation  
Committee meeting  
Attachments: 9-28-21 ZLR Public Hearing minutes.pdf  
A motion was made by SMITH, seconded by KIEFER, that the Minutes be  
approved. The motion carried by a voice vote, 2-0. SMITH Abstained.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
11671  
PETITION: REZONE 11671  
APPLICANT: PETER SACHS  
LOCATION: 3285 NELSON ROAD, SECTION 24, TOWN OF BURKE  
CHANGE FROM: NR-C Natural Resource Conservation District TO RR-8  
Rural Residential District, RR-2 Rural Residential District TO RR-2 Rural  
Residential District  
REASON: dividing an existing lot into 2 residential lots  
Attachments: 11671 Ord Amend  
11671 Stormwater maintenance agreement  
11671 Staff Update  
11671 Town Action Report  
11671 Madison Memo  
11671 Map  
11671 APP  
A motion was made by SMITH, seconded by KIEFER, to allow for additional  
testimony. The motion carried by a voice vote. 3-0.  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval with Town conditionals and a Deed Restriction  
prohibiting livestock. No action taken.  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
reconsidered. The motion carried by a voice vote. 3-0.  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by a voice vote.  
3-0.  
1 Sachs obtaining approval of the CSM and rezone from Dane County by  
December 31, 2021.  
2 Sachs executing a Stormwater Maintenance Agreement with the Town of  
Burke for maintenance of the “Drainage-Way Easement” shown on the CSM by  
December 31, 2021. The form and substance of the  
Stormwater Maintenance  
Agreement shall be acceptable to the Town Attorney and Town Engineer. The  
Town will record the fully-executed Stormwater Maintenance Agreement with  
the Dane County Register of  
3 All outstanding monies owed the Town and incurred in the review and action  
on the CSM to be paid in full by September 30, 2021.  
4 In the event all the conditions of approval are not fulfilled by Sachs or waived  
Deeds after the CSM.  
by the Town Board by the dates  
shall be null and void.  
specified above, the approval of the CSM  
11710  
PETITION: REZONE 11710  
APPLICANT: VINEY ACRES LLC  
LOCATION: WEST OF 2173 NORA ROAD, SECTION 27, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District, FP-35 Farmland Preservation District TO  
RR-2 Rural Residential District, FP-35 Farmland Preservation District TO  
FP-1 Farmland Preservation District  
REASON: creating 3 residential lots and 2 agricultural lots  
Attachments: 11710 Staff Update  
11710 Town  
11710 Density  
11710 Steep slope no build area  
11710 Draft CSM  
11710 Revised APP 8-23.pdf  
11710 Map  
A motion was made by SMITH, seconded by KIEFER, to allow for additional  
testimony. The motion carried by a voice vote, 3-0.  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
postponed to allow for more information pertaining to the building envelope  
areas on the residential lots. The motion carried by a voice vote. 3-0.  
11731  
PETITION: REZONE 11731  
APPLICANT: SUGAR RIVER INVESTORS I LLC  
LOCATION: 2325 SUGAR RIVER RD, SECTION 30, TOWN OF VERONA  
CHANGE FROM: RR-2 Rural Residential District and AT-35 Agriculture  
Transition District TO RM-16 Rural Mixed-Use District  
REASON: Remove spot zone on the property and establish residential  
zoning on the entire property  
Attachments: 11731 OA Sheet  
11731 Staff Update  
11731 Town Action Report  
11731 Building Envelope  
11731 APP Revised.pdf  
11731 Map Revised.pdf  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by a voice vote,  
3-0.  
1. A deed restriction limiting conditional uses to those listed in the RR-16 district  
2. A requirement that the residence be built within a building envelope in the  
southern corner of the property.  
3. Prior to the issuance of any zoning or building permits for new residential  
development, site plan approval  
must first be obtained from the town of  
Verona. Proposed new residence is to be located in the southerly  
the property.  
corner of  
4. The owner shall work cooperatively with the town and adjoining owners on an  
updated shared driveway easement agreement that includes a provision  
approved by the town attorney addressing possible future dedication of the  
existing driveway, in whole or in part, as a town road.  
11735  
PETITION: REZONE 11735  
APPLICANT: RICHARD AND JILL SUREK  
LOCATION: 8449 AIRPORT ROAD, SECTION 4, TOWN OF MIDDLETON  
CHANGE FROM: SFR-08 Single Family Residential District TO RR-4  
Rural Residential District  
REASON: consolidating existing residential lots  
Attachments: 11735 Ord Amend  
11735 Staff Update  
11735 Town Action Report.pdf  
11735 Map  
11735 APP  
A motion was made by SMITH, seconded by KIEFER,to allow for additional  
testimony. The motion carried by a voice vote. 3-0.  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by a voice vote, 3-0.  
1. Owner shall record a deed restriction on the property limiting the keeping of  
livestock exclusively to horses.  
Keeping of bees, chickens or other domestic  
fowl shall be limited and conducted as specified under  
the zoning code.  
section 10.103(10) of  
2. Subject to the applicants submitting a CSM for Town approval and recording  
of the same.  
11741  
PETITION: REZONE 11741  
APPLICANT: MISHPACHA LLC  
LOCATION: 2313 SUGAR RIVER ROAD, SECTION 20, TOWN OF  
VERONA  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-4 Rural  
Residential District, RR-1 Rural Residential District TO RR-4 Rural  
Residential District, RR-1 Rural Residential District TO AT-35 Agriculture  
Transition District  
REASON: separating existing residence from farmland  
Attachments: 11741 Ord Amend  
11741 Staff Update  
11741 Existing driveway easement and agreement  
11741 Town Action.pdf  
11741 Map  
11741 APP  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by a voice vote, 3-0.  
1. The final CSM shall provide a right of way dedication on Sugar River Road to  
the satisfaction of the town.  
2. The applicant shall submit satisfactory language to be approved by the Town’s  
attorney for the potential  
part, as a town road. Applicant shall add this language to an  
driveway access easement agreement and record the updated easement  
agreement with the Register of Deeds.  
3. The driveway shall meet the safety standards required by the fire department.  
dedication of the existing driveway, in whole or  
updated shared  
02516  
PETITION: CUP 02516  
APPLICANT: CAROLYN J BRADT  
LOCATION: 8283 N. RILEY ROAD, SECTION 2, TOWN OF  
SPRINGDALE  
CUP DESCRIPTION: accessory dwelling unit-attached  
Attachments: CUP 2516 Staff Update  
CUP 2516 Town Action Report  
CUP 2516 - 6 Letters of opposition.pdf  
CUP 2516 Map  
CUP 2516 APP  
CUP #2516  
A motion was made by SMITH, seconded by KIEFER, that the Conditional Use  
Permit be approved with conditions. The motion carried by a voice vote, 3-0.  
(1) No more than one attached accessory dwelling unit may be created.  
(2) The attached accessory dwelling unit shall not exceed 800 square feet of  
occupiable floor area and shall  
not have more than two bedrooms.  
(3) The occupancy limit for the ADU shall be 2 people.  
(4) Rental term must exceed 30 days. No short term or incidental rental allowed.  
(5) The accessory dwelling unit shall not be sold separately from the principal  
dwelling unit, nor from the  
(6) The lot or parcel of land containing the accessory dwelling unit shall continue  
to be occupied by the owner of the premises. The owner may live in either  
property on which it sits.  
the accessory dwelling unit or the principal residence.  
(7) The orientation of the proposed accessory dwelling unit shall, to the  
maximum extent practical, maintain the  
dwellings.  
privacy of residents in adjoining  
(8) Accessory dwelling units must meet applicable residential building codes and  
sanitary codes.  
(9) The physical development and operation of the conditional use must conform,  
in all respects, to the  
(10) The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
approved site plan, operational plan and phasing plan.  
permits or other evidence of compliance will be provided  
administrator upon request.  
to the zoning  
(11) Existing onsite wastewater sewage disposal systems 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. The septic system must be certified to serve at least 7 bedrooms.  
(12) All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
(13) Off-street parking must be provided, consistent with s. 10.102(8).  
(14) If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine  
necessary to safely accommodate the conditional use, the cost of  
improvements shall be borne by the landowner. Costs borne by the landowner  
shall be proportional to the incremental increase in traffic associated with  
that road intersection improvements are  
such  
the proposed conditional use.  
(15) 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  
conducting inspections or investigations will comply with any applicable  
workplace safety rules or standards for the site.  
(16) 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  
staff  
for the operator, and contact information for the Dane County Zoning Division.  
(17) The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions,  
public during business hours.  
on the site, available for inspection to the  
(18) 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.  
(19) If any use allowed by an approved conditional use permit is abandoned for  
one year or more, the associated conditional use permit shall be  
terminated. Future re-establishment of an abandoned  
require approval of a new conditional use permit.  
conditional use shall  
(20) This CUP shall expire upon the sale of the property to an unrelated third  
party.  
(21) A review of the CUP may be requested by the Town of Springdale after a  
period of two years  
02531  
PETITION: CUP 02531  
APPLICANT: SHAW COURT REDEMPTION LLC  
LOCATION: 3054 SHAW COURT, SECTION 5, TOWN OF DUNN  
CUP DESCRIPTION: transient or tourist lodging  
Attachments: CUP 2531 Staff Update  
CUP 2531 Town Action Report  
CUP 2531 State law on short term rentals  
CUP 2531 Map  
CUP 2531 APP  
CUP 2531  
A motion was made by SMITH, seconded by KIEFER, that the Conditional Use  
Permit be approved with conditions. The motion carried by a voice vote, 3-0.  
1. The rental period shall be between a minimum of 7 days to a maximum of 28  
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 6  
guests over 12 years old and no more than 9 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.  
limit shall appear in all advertising for the short-term rental.  
Parking space  
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.  
7. Holder of the CUP is required to obtain all necessary local, county, state, and  
federal permits and licenses  
operation.  
related to the transient and tourist lodging  
8. The CUP will terminate when the property is sold.  
9. The physical development and operation of the conditional use must conform,  
in all respects, to the  
10. New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the  
approved site plan, operational plan and phasing plan.  
applicable sections of the Wisconsin 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  
administrator upon request.  
the zoning  
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  
will be provided to the zoning administrator upon request.  
compliance  
13. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
14. At least six off-street parking spaces must be provided, consistent with s.  
10.102(8).  
15. 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.  
16. The Zoning Administrator or designee may enter the premises of the  
operation in order to inspect those  
with these conditions or to investigate an alleged violation. Zoning  
conducting inspections or investigations will comply with any applicable  
workplace safety rules or standards for the site.  
17. 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  
premises and to ascertain compliance  
staff  
for the operator, and contact information for the Dane County Zoning Division.  
18. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on  
public during business hours.  
the site, available for inspection to the  
19. 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. If any use allowed by an approved conditional use permit is  
abandoned for one year or more,  
the associated conditional use permit shall  
be terminated. Future re-establishment of an abandoned  
shall require approval of a new conditional use permit.  
conditional use  
F. Plats and Certified Survey Maps  
2021 LD-008  
Land Division Waiver application  
Dairy Ridge Preliminary Plat  
Town of Verona  
Staff recommends approval of the waiver to allow for the design of Outlot 1  
to have no public road frontage.  
Attachments: Dane County Variance application  
DAIRY RIDGE HEIGHTS PRE PLAT (9-30-21) NO CONTOURS  
Report  
A motion was made by SMITH, seconded by KIEFER, that the Land Division  
waiver be approved to allow Outlot 1 to be designed with no frontage along a  
public road. The motion carried by a voice vote, 3-0.  
2021 LD-009  
Preliminary Plat - Dairy Ridge Heights  
Town of Verona  
Staff recommends conditional approval  
Attachments: conditional approval  
DAIRY RIDGE HEIGHTS PRE PLAT (9-30-21) NO CONTOURS  
A motion was made by SMITH, seconded by KIEFER, that the Preliminary Plat be  
approved with conditions. The motion carried by a voice vote., 3-0.  
1. Rezone Petition #11682 is to become effective and all conditions are to be  
timely satisfied.  
Recording of an approved subdivision plat.  
Lots 4-13 shall have staggered front yard setbacks.  
A trail shall be installed in the outlot.  
Screening shall be approved by the Town Plan Commission.  
A height limit for all single story residences shall be approved by the Town  
Plan Commission.  
Elevation drawings shall be provided by the applicant.  
A maintenance agreement shall be created as part of the developer’s  
agreement.  
2. All public land dedications are to be clearly designated “dedicated to the  
public.”  
3. The land division waiver application from the public road frontage  
requirements with regards to Outlot 1 will need to be acted on by the Zoning  
and Land Regulation Committee.  
4. Utility easements are to be provided.  
5. Compliance with Ch. 14.45 DCCO, Erosion Control Plans is to be established,  
prior to any land disturbance.  
6. Compliance with Ch. 14.46 DCCO, Stormwater Control Permit is to be  
established, prior to any land disturbance  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Budget Discussion and Amendments  
Summary of the 2022 Register of Deeds Budget  
2021  
RPT-486  
Attachments: ROD 2022 Budget Summary.pdf  
Summary of the 2022 Planning and Development Department Budget  
2021  
RPT-487  
Attachments: P&D 2022 County Executive Budget.pdf  
2021  
ACT-227  
ZONING & LAND REGULATION COMMITTEE AMENDMENTS TO THE  
PROPOSED 2022 OPERATING BUDGET  
The Committee instructed Staff to prepare two amendments to the 2022 budget. 1) New  
AZA position to start January 1st; 2) LTE GIS position.  
2021  
ACT-228  
ZONING & LAND REGULATION COMMITTEE AMENDMENTS TO THE  
PROPOSED 2022 CAPITAL BUDGET  
K. Reports to Committee  
Report of approved Certified Survey Maps  
2021  
RPT-524  
Attachments: Oct_2021  
L. Other Business Authorized by Law  
M. Adjourn  
A motion was made by SMITH, seconded by KIEFER, that the work meeting be  
adjourned at 8:13 PM. The motion carried by a voice vote, 3-0.  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.  
NOTE: If you need an interpreter, translator, materials in alternate formats or other accommodations  
to access this service, activity or program, please call the phone number below at least three business  
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