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, November 9, 2021

6:30 PM

Virtual meeting

A. Call to Order

Chair Bollig called the November 9, 2021 Zoning and Land Regulation Committee

meeting to order at 6:30pm.

Staff present: Lane, Everson, Standing, and Violante.

Supervisor Peters arrived at 7:12pm.

5 -

Present

JERRY BOLLIG, STEVEN PETERS, MICHELE DOOLAN, TIM KIEFER, and

SARAH SMITH

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

No comments made by the public.

November 9, 2021 meeting registrants

2021

RPT-641

Attachments: November 9th ZLR registrants

C. Consideration of Minutes

2021

MIN-409

Minutes of the October 26, 2021 Zoning and Land Regulation Committee

meeting

Attachments: 10-26-21 ZLR Public Hearing minutes.pdf

A motion was made by KIEFER, seconded by DOOLAN, that the October 26th

minutes be approved. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandSMITH

Ayes:

1 - PETERS

Absent:

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

Ordinance Amendments

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

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 Ord Amend

11710 Staff Update.pdf

11710 Revised CSM showing building envelope.pdf

11710 Draft deed for triangle portion.pdf

11710 Town

11710 Density

11710 Steep slope no build area

11710 Draft CSM (old)

11710 Revised APP 8-23.pdf

11710 Map

A motion was made by KIEFER, seconded by DOOLAN, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. The shared driveway easement for lots 1 and 2 shall be shown on the

proposed Certified Survey Map.

2. The owner shall record a shared driveway access easement agreement

meeting the requirements specified in section 75.19(8) for proposed lots 1 and 2.

3. The Certified Survey Map shall depict the 150‘x150’ "building envelope" as

shown on the presented map. A note shall be added to the Certified Survey Map

stating that, “All building constructed on Lots 1 & 2 shall be within the building

envelope area as part of the conditions of approval by Dane County Zoning and

Land Regulation Committee under Zoning Petition #11710”.

4. The remnant property north of Nora Road (small triangle) shall be deeded to

the adjacent landowner.

4 - BOLLIG,DOOLAN,KIEFERandSMITH

1 - PETERS

Ayes:

Excused:

11720

PETITION: REZONE 11720

APPLICANT: JOHN F BECKER

LOCATION: SOUTH OF 4313 BUCKLEY ROAD, SECTION 8, TOWN OF

BURKE

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

Residential District

REASON: creating one residential lot

Attachments: 11720 Ord Amend - DENIAL.pdf

11720 Staff Update.pdf

11720 Town Action Report.pdf

11720 APP Revised.pdf

11720 Map.pdf

In favor: John Becker, Dan Paulson

A motion was made by KIEFER, seconded by DOOLAN, that the Zoning Petition

be recommended for denial. The motion carried by the following vote: 3-1

Finding: The area has the potential to flood.

3 - BOLLIG,KIEFERandSMITH

1 - DOOLAN

Ayes:

Noes:

1 - PETERS

Excused:

11749

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

Attachments: 11749 Ord Amend

11749 Staff Update.pdf

11749 Town Action Report.pdf

11749 Density.pdf

11749 Map

11749 APP

In favor: Barret Van Sicklen

A motion was made by KIEFER, seconded by SMITH, that the Zoning Petition be

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

following vote: 5-0.

1. A deed restriction on the proposed FP-1 lot prohibiting any residential

development. The parcel has no opportunities to build nor any building rights.

5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH

Ayes:

02536

PETITION: CUP 02536

APPLICANT: GERARD XAVIER

LOCATION: 3056 SHAW COURT, SECTION 5, TOWN OF DUNN

CUP DESCRIPTION: transient or tourist lodging

Attachments: CUP 2536 Staff Update.pdf

CUP 2536 Town Letter regarding conditions.pdf

CUP 2536 Town Action Report.pdf

CUP 2536 Map

CUP 2536 APP

CUP 2536.pdf

In favor: Gerarg Xavier

A motion was made by DOOLAN, seconded by SMITH, that the Conditional Use

Permit be approved with 19 conditions. The motion carried by the following

vote: 4-0, KIEFER abstained.

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 8

guests over 12 years old and no more than 10 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. Parking space limit

shall appear in all advertising for the short-term rental.

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. Garden solar lights that illuminate pathways by

the lakefront are allowed as long as this light does not spill over the neighboring

property line.

7. Holder of the CUP is required to obtain all necessary local, county, state, and

federal permits and licenses related to the transient and tourist lodging

operation.

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 approved site plan, operational plan and phasing plan.

10. 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 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 the zoning

administrator upon request.

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 compliance will be provided to

the zoning administrator upon request.

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 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.

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 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 the site, available for inspection to the

public during business hours.

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 conditional use shall

require approval of a new conditional use permit

4 - BOLLIG,PETERS,DOOLANandSMITH

1 - KIEFER

Ayes:

Abstain:

02539

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

Attachments: CUP 2539 Staff Update.pdf

CUP 2539 Town Action Report.pdf

CUP 2539 Map

CUP 2539 APP

CUP 2539.pdf

In favor: Stacey Bean

A motion was made by SMITH, seconded by KIEFER, that the Conditional Use

Permit be approved with 17 conditions. The motion carried by the following

vote: 5-0.

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 accessory dwelling unit shall not be sold separately from the principal

dwelling unit, nor from the property on which it sits.

4) 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 the

accessory dwelling unit or the principal residence.

5) The orientation of the proposed accessory dwelling unit shall, to the maximum

extent practical, maintain the privacy of residents in adjoining dwellings.

6) Accessory dwelling units must meet applicable residential building codes and

sanitary codes.

7) The physical development and operation of the conditional use must conform,

in all respects, to the approved site plan, operational plan and phasing plan.

8) 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.

9) 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.

10) All vehicles and equipment must access the site only at approved locations

identified in the site plan and operations plan.

11) Off-street parking must be provided, consistent with s. 10.102(8).

12) 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.

13) 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.

14) 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.

15) 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.

16) 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.

17) 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 conditional use shall require approval

of a new conditional use permit.

5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH

Ayes:

F. Plats and Certified Survey Maps

G. Resolutions

2021

CONTRACT FOR FLY DANE 2022 DIGITAL AERIAL ORTHO-IMAGERY

RES-243

PROJECT

GRAY and PALM

Sponsors:

Attachments: 2021 RES-243

2021 RES-243 FISCAL NOTE

2021 RES-243 CONTRACT #14520

In favor: Fred Iausly

A motion was made by KIEFER, seconded by DOOLAN, that the Resolution be

recommended for approval. The motion carried by the following vote: 5-0.

5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH

Ayes:

H. Ordinance Amendment

I. Items Requiring Committee Action

2021

RPT-306

Updated report of annual review of salvage yards

Staff recommends approval.

Attachments: Staff Update - Salvage Yard Licenses.pdf

2020

2021 REPORT UPDATED

Comments - 2021 Salvage Yards Report

Town of Verona letter

8.25.21 letter

Dane County ZLR_08302021

A motion was made by KIEFER, seconded by PETERS, that the Salvage Yard

License for Michael Cutrano be approved. The motion carried by the following

vote: 5-0.

5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH

Ayes:

J. Reports to Committee

K. Other Business Authorized by Law

A motion was made by KIEFER, seconded by DOOLAN, to have a discussion

regarding in-person meetings at the November 23, 2021 ZLR Committee meeting.

In-person meetings to possibly begin with the December 14th ZLR meeting. The

motion carried unanimously.

Supervisor Doolan has requested that Staff prepare a report regarding actions

that can be taken regarding affordable housing, specifically 'tiny house"

development, and what actions are necessary to allow for such land use.

L. Adjourn

A motion was made by KIEFER, seconded by SMITH, to adjourn the November 9,

2021 Zoning and Land Regulation Committee meeting at 7:58pm. The motion

carried unanimously.

Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.