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 26, 2021  
6:30 PM  
Virtual meeting  
A. Call to Order  
Chair Bollig called the October 26, 2021 Zoning and Land Regulation Committee  
meeting to order at 6:30pm.  
Staff present: Allan, Lane, and Violante.  
4 - JERRY BOLLIG, STEVEN PETERS, MICHELE DOOLAN, and TIM KIEFER  
Present  
1 - SARAH SMITH  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
October 26th ZLR meeting registrants  
C. Consideration of Minutes  
Minutes of the October 21, 2021 Zoning and Land Regulation Committee  
meeting  
A motion was made by DOOLAN, seconded by KIEFER, to approve the minutes of  
the October 21, 2021 Zoning and Land Regulation Committee meeting. The  
motion carried by the following vote: 3-0-1  
3 - BOLLIG,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
Abstain:  
1 - PETERS  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 11746  
APPLICANT: JOHN P ZIEGLER  
LOCATION: 1256 US HIGHWAY 14, SECTION 7, TOWN OF RUTLAND  
CHANGE FROM: SFR-08 Single Family Residential District TO LC  
Limited Commercial District  
REASON: add additional land (residential) to lc (limited commercial)  
zoning district.  
CUP DESCRIPTION: CARETAKER'S RESIDENCE  
In favor: John Ziegler  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
1. A deed restriction shall be recorded on the LC zoned parcel limiting  
commercial uses exclusively to a contractor’s business and indoor storage of  
equipment.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11747  
APPLICANT: BABLER REV TR, DAMION D & EMILY M  
LOCATION: 288 PRIMROSE CENTER ROAD, SECTION 33, TOWN OF  
PRIMROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
In favor: Damion & Emily Babler  
Opposed: None  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11748  
APPLICANT: RANDY J BOLLIG  
LOCATION: 1535 COUNTY HIGHWAY Z, SECTION 6, TOWN OF PERRY  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District  
REASON: creating one residential lot  
In favor: Garrison Bollig  
Opposed: None  
A motion was made by KIEFER, seconded by PETERS, to postpone action on the  
rezoning petition. The motion carried by the following vote: 3-0-1  
3 - PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
Recused:  
1 - BOLLIG  
PETITION: REZONE 11749  
APPLICANT: ROGER HARTMANN  
LOCATION: NW OF 7240 COUNTY HIGHWAY Y, SECTION 5, TOWN OF  
DANE  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District  
REASON: to facilitate the settling of the darlene hartmann estate  
In favor: Roger Hartman  
Opposed: None  
A motion was made by PETERS, seconded by DOOLAN, to postpone action until  
town action is received. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
Ayes:  
1 - SMITH  
Excused:  
PETITION: REZONE 11750  
APPLICANT: KEGONSA STORAGE LLC  
LOCATION: SOUTH OF 1994 BARBER DRIVE, SECTION 26, TOWN OF  
DUNN  
CHANGE FROM: PUD Planned Development District TO SFR-1 Single  
Family Residential District  
REASON: change zoning to allow for the construction of a single-family  
residence  
In favor: Ryan Quam  
Opposed: None  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
1. The boathouse shall be used for the purposes of non-commercial boat storage  
and the storage of boat accessories. The boathouse shall not be designed or be  
used for habitable purposes.  
2. The lowest level of any habitable building cannot be below the Base Flood  
Elevation of 847.2 feet above mean sea level and the lowest level of any  
non-habitable building cannot be below the Base Flood Elevation of 845.2 feet  
above mean sea level.  
3. The height of the home (ground to peak) can be no taller than 29 feet.  
4. The total impervious surface on this parcel can be no more than 5,739 square  
feet.  
5. A deed restriction is recorded which states that the bridge that spans the creek  
may not be removed, but may be maintained. If the bridge becomes deteriorated  
to the point where it cannot be maintained and still functional, then it may be  
replaced.  
6. The Restoration Plan attached to the application must be followed. This  
Restoration Plan shall be part of a new Declaration of Restrictive Covenant  
document that requires minimum restoration and maintenance requirements.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11751  
APPLICANT: OK ENTERPRISES LLC  
LOCATION: 9664 LEE VALLEY ROAD, SECTION 25, TOWN OF PERRY  
CHANGE FROM: FP-35 Farmland Preservation District TO RM-8 Rural  
Mixed-Use District  
REASON: separating existing residence from farmland  
In favor: Bradley and Kelsey Taylor  
Opposed: None  
A motion was made by KIEFER, seconded by PETERS, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11752  
APPLICANT: GALAROWICZ REV LIVING TR, HELEN J  
LOCATION: EAST OF 3779 GALA WAY, SECTION 19, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District  
REASON: creating two agricultural lots  
In favor: Robert Williamson  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
1. A notice document shall be recorded on the proposed FP-1 lots (lots 2 and 3 of  
the Certified Survey Map) indicating that no RDUs (“splits”) are available. Town  
policy would allow them to be a Transfer of Development Rights (TDR) receiving  
area on a 1:1 basis.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11753  
APPLICANT: RAPHAEL R GROB (RAY)  
LOCATION: 525 COUNTY HIGHWAY BB, SECTION 11, TOWN OF  
DEERFIELD  
CHANGE FROM: SFR-08 Single Family Residential District TO RR-8  
Rural Residential District, FP-35 Farmland Preservation District TO RR-8  
Rural Residential District, FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District  
REASON: separating the existing residence from the farmland and  
creating an agricultural lot  
In favor: Ray Grob  
Opposed: None  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11754  
APPLICANT: SAALSAA BROS REAL ESTATE LLC  
LOCATION: NORTH OF 2239 SPRING ROSE ROAD, SECTION 24,  
TOWN OF SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-4 Rural  
Residential District,  
REASON: creating one residential lot  
In favor: Noa Prieve  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
1. Owner shall record a deed restriction on the proposed RR-4 parcel prohibiting  
division of the lot.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11755  
APPLICANT: ROBERT & LORRAINE SHILLINGSTAD  
LOCATION: 6227 PURCELL ROAD, SECTION 6, TOWN OF OREGON  
CHANGE FROM: RM-16 Rural Mixed-Use District TO FP-1 Farmland  
Preservation District  
REASON: creating an agricultural lot  
In favor: None  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
Ayes:  
1 - SMITH  
Excused:  
PETITION: REZONE 11756  
APPLICANT: NORMAN & SUSAN PECK  
LOCATION: 1184 OTTER LANE, SECTION 32, TOWN OF YORK  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: separating existing residence from the farmland  
In favor: Norm and Sue Peck  
Opposed: None  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11757  
APPLICANT: SHAMROCK FARMS (MARK FARRELL)  
LOCATION: EAST OF 8665 BLUFF VALLEY ROAD, SECTION 27,  
TOWN OF CROSS PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District, RR-1 Rural Residential District TO FP-35 Farmland  
Preservation District  
REASON: creating one residential lot and removing an existing rr-1 spot  
zone from property  
In favor: Mark Farrell  
Opposed: None  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
1. Development shall avoid the steep slopes exceeding 20% grade. The  
approximate extent of 20% slopes shall be depicted on the Certified Survey Map  
as a “no build” area.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11758  
APPLICANT: SHAMROCK FARMS  
LOCATION: EAST OF 5132 COUNTY HWY J, SECTION 31, TOWN OF  
CROSS PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: expanding existing residential lot  
In favor: Mark Farrell  
Opposed: None  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
Ayes:  
1 - SMITH  
Excused:  
PETITION: REZONE 11759  
APPLICANT: OLSONS BROWN SWISS FARM LLC  
LOCATION: 10113 US HWY 14, SECTION 22, TOWN OF BLACK  
EARTH  
CHANGE FROM: FP-35 Farmland Preservation District TO NR-C Natural  
Resource Conservation District, FP-35 Farmland Preservation District TO  
RM-16 Rural Mixed-Use District  
REASON: Separating the existing residence from the farmland and  
creating two conservancy lots  
In favor: Jim Welch  
Opposed: None  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11760  
APPLICANT: DANIEL MOWRY  
LOCATION: 3070 KINNEY ROAD, SECTION 2, TOWN OF PLEASANT  
SPRINGS  
CHANGE FROM: RR-8 Rural Residential District TO TFR-08 Two Family  
Residential District  
REASON: expanding existing residential lot  
In favor: Daniel Mowry  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
Ayes:  
1 - SMITH  
Excused:  
PETITION: REZONE 11761  
APPLICANT: VINEY ACRES LLC  
LOCATION: 1834 SCHADEL ROAD, SECTION 36, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: RR-4 Rural Residential District TO RR-1 Rural  
Residential District, RM-8 Rural Mixed-Use District TO RR-1 Rural  
Residential District, RM-8 Rural Mixed-Use District TO RR-2 Rural  
Residential District, RR-4 Rural Residential District TO FP-1 Farmland  
Preservation District, RM-8 Rural Mixed-Use District TO FP-1 Farmland  
Preservation District  
REASON: creating two residential lots and one agricultural lot  
In favor: Donald Viney  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: REZONE 11762  
APPLICANT: LEGION OF CHRIST INC  
LOCATION: 493 BINGHAM ROAD, SECTION 25, TOWN OF ALBION  
CHANGE FROM: AT-35 Agriculture Transition District TO RE Recreational  
District  
REASON: creating a parking lot for boat trailer parking  
In favor: None  
Opposed: None  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
Ayes:  
1 - SMITH  
Excused:  
PETITION: CUP 02533  
APPLICANT: 11ELEVEN LLC  
LOCATION: 7069 APPLEWOOD DR., SECTION 27, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: daycare center  
In favor: Chase Horne, Sarah Tuttle, Ashley Leonard, Erin Rome, Alisha Valentine  
Opposed: Brendan Checkett, Mallory Checkett, Naheed and Peter Finch, John and Stacy  
Graham, Sue Gulbrand, Anna Jordan, Elizabeth Jordan, Sarah Jordan, Craig Jordan, Jim  
Schwetz, Joyce Reeder, William Reeder, Luke Hillman, Kevin Trost, Neal Brunner,  
Tamara Dudiak, Rick Gulbrand, Laura Houlihan, Kevin Houlihan, David Huntsman,  
Fredrick Ross  
A motion was made by DOOLAN, seconded by PETERS, that the Conditional Use  
Permit be postponed. The motion failed by the following vote: 2- 2.  
2 - BOLLIGandPETERS  
2 - DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Noes:  
Excused:  
A motion was made by KIEFER, seconded by DOOLAN, to suspend Committee  
Rules. Motion Withdrawn.  
A motion was made by KIEFER, seconded by DOOLAN, that postponement of the  
Conditional Use Permit be reconsidered. The motion carried by a voice vote. 4-0  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
A motion was made by DOOLAN, seconded by PETERS, that the Conditional Use  
Permit be postponed. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: CUP 02534  
APPLICANT: JOHN P ZIEGLER  
LOCATION: 1256 US HIGHWAY 14, SECTION 7, TOWN OF RUTLAND  
CUP DESCRIPTION: CARETAKER'S RESIDENCE  
In favor: John Ziegler  
Opposed: None  
A motion was made by PETERS, seconded by DOOLAN, that the Conditional Use  
Permit be approved with 3 conditions. The motion carried by the following vote:  
4-0.  
1. 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.  
2. This Conditional Use Permit for a residence for the business owner shall expire  
if/when a commercial use ceases to be operated on the property.  
3. The CUP shall expire upon sale of the property to an unrelated 3rd party.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: CUP 02535  
APPLICANT: HOWVIEW LLC  
LOCATION: 4073 N PLEASANT VIEW RD.,, SECTION 15, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: daycare center  
In favor: Chase Horne  
Opposed: None  
A motion was made by KIEFER, seconded by PETERS, that the Conditional Use  
Permit be postponed. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: CUP 02536  
APPLICANT: GERARD XAVIER  
LOCATION: 3056 SHAW COURT, SECTION 5, TOWN OF DUNN  
CUP DESCRIPTION: transient or tourist lodging  
In favor: Gerard Xavier, Aaron Dumas  
Registered: Daniel Paltz  
Opposed: None  
A motion was made by PETERS, seconded by DOOLAN, that the Conditional Use  
Permit be postponed to allow time for staff to review the conditions with the  
Town of Dunn. The motion carried by the following vote: 3-0-1.  
3 - BOLLIG,PETERSandDOOLAN  
1 - SMITH  
Ayes:  
Excused:  
Recused:  
1 - KIEFER  
PETITION: CUP 02537  
APPLICANT: DUSTIN MAHER  
LOCATION: 7537 FALLEN OAK DR.,, SECTION 29, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: transient or tourist lodging -vrbo  
In favor: Dustin Maher  
Opposed: Damian Wendorf  
A motion was made by DOOLAN, seconded by KIEFER, that the Conditional Use  
Permit be postponed until Town Action is received. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: CUP 02538  
APPLICANT: VALERIE AHL & TIMOTHY ALLEN  
LOCATION: 4321 STATE ROAD 138, SECTION 8, TOWN OF RUTLAND  
CUP DESCRIPTION: agriculture entertainment activities occurring 10 days  
or more per calendar year  
In favor: Valerie Ahl, Brad Rogowski  
Opposed: Jill and Dan Sears  
A motion was made by KIEFER, seconded by PETERS, that the Conditional Use  
Permit be postponed. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
PETITION: CUP 02539  
APPLICANT: STACEY BEAN  
LOCATION: 2782 WHITE CROSSING ROAD, SECTION 7, TOWN OF  
VERONA  
CUP DESCRIPTION: attached accessory dwelling unit-above garage  
in-law suite  
In favor: Stacey Bean  
Opposed: None  
A motion was made by PETERS, seconded by KIEFER, that the Conditional Use  
Permit be postponed until Town Action is received. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
F. Plats and Certified Survey Maps  
Hartman proposed 1-lot Certified Survey map (Land Division Waiver)  
Town of Dane  
Staff recommends approval  
Attachments: Report  
A motion was made by KIEFER, seconded by DOOLAN, to approved the land  
division variance. The motion carried by the following vote: 4-0.  
Finding of Fact: Due to the land being located on the edge of the county, there  
are no public roads available in Dane County to access. All public road access is  
in Columbia County.  
4 - BOLLIG,PETERS,DOOLANandKIEFER  
1 - SMITH  
Ayes:  
Excused:  
G. Resolutions  
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 KIEFER, seconded by PETERS, to adjourn the October 26,  
2021 Zoning and Land Regulation Committee meeting at 9:37pm. The motion  
carried unanimously.  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.