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, December 14, 2021  
6:30 PM  
Virtual meeting  
A. Call to Order  
Chair Bollig called the December 14, 2021 Zoning and Land Regulation  
Committee meeting to order at 6:30pm.  
Staff present: Lane, Everson, Andros and Violante.  
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 public comments presented.  
December 14, 2021 ZLR meeting registrants  
C. Consideration of Minutes  
Minutes of the November 23, 2021 Zoning and Land Regulation  
Committee meeting  
A motion was made by DOOLAN, seconded by KIEFER, that the November 23,  
2021 minutes be approved. The motion carried by a voice vote, 5-0.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
PETITION: CUP 02535  
APPLICANT: HOWVIEW LLC  
LOCATION: 4073 N PLEASANT VIEW RD.,, SECTION 15, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: daycare center  
In support: Barret V. Van Sicklen  
A motion was made by PETERS, seconded by DOOLAN, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
5-0.  
1. The Child care shall be for no more than 8 children.  
2. That a license from the department and children and families under Wis. Stat.  
§48.65 shall be maintained.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
PETITION: CUP 02537  
APPLICANT: DUSTIN MAHER  
LOCATION: 7537 FALLEN OAK DR.,, SECTION 29, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: transient or tourist lodging -vrbo  
In support: Dustin Maher  
A motion was made by PETERS, seconded by KIEFER, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
5-0.  
1. This Conditional Use Permit shall expire one (1) year after the effective date.  
Landowner may renew the CUP by successfully obtaining a new CUP prior to the  
expiration date.  
2. The CUP is granted subject to all standard conditions specified in Dane County  
Zoning Ordinance Section 1.101(7)(d)2, as applicable;  
3. This conditional use permit shall expire in the event the property is sold or  
transferred to another owner. Continuation or extension of an expired  
conditional use requires re-application and approval by the Town Board and  
Dane County.  
4. The applicant shall comply with all licensing and permitting requirements for  
short-term rentals;  
5. Landowner will apply for, obtain, and maintain an appropriate transient or  
tourist lodging rental license from Madison/Dane County Department of Public  
Health.  
6. The rental shall be limited to 8 overnight renters. Use of the property, including  
rental, shall be in full compliance with the sanitary permit for the property.  
7. The maximum number of allowable rental days within a 365-day period is 180  
days. The landowner must notify the Town Clerk in writing when the first rental  
within a 365-day period begins subsequent to issuance of the CUP.  
8. Quiet hours shall be 10:00pm to 8:00am, all days of the week.  
9. Peak noise levels shall not exceed 40 decibels [dB(a) scale], as measured at  
the property line, during quiet hours.  
10. Peak noise levels shall not exceed 55 decibels [dB(a) scale], as measured at  
the property line, during hours other than quiet hours.  
11. All renter vehicles must be parked on paved driveway surfaces or inside the  
existing garage at all times, with adequate access for emergency vehicles.  
12. No more than two (2) dogs, with the exception of service animals. All dogs  
brought by renters must either be leashed or contained within adequate fenced  
areas while outside. Dogs must be kept indoors during quiet hours.  
13. Any new outdoor lighting shall be downward-directed, designed to minimize  
ambient spill, and shall comply with all applicable requirements of the Town of  
Middleton.  
14. 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.  
15. The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site.  
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.  
17. Failure to comply with any imposed conditions, or to pay reasonable  
Town/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 reasonable opportunity to correct any  
violations prior to the revocation.  
18. If the transient or tourist lodging operation is abandoned for one year or  
more, this conditional use permit shall be terminated. Future re-establishment of  
an abandoned conditional use shall require approval of a new conditional use  
permit.  
19. The operation of all-terrain vehicles, ATVs, and snowmobiles by occupants of  
the transient or tourist lodging operation shall be prohibited on the property.  
20. Signage is prohibited.  
21. Fireworks are prohibited.  
22. The owner, or their designated emergency contact person, must be available  
within one (1) hour to address any problems.  
23. The owner or operator must provide the Town of Middleton Clerk with a copy  
of the current rental agreement no later than the date of issuance of the CUP. In  
the event the agreement is modified in any manner, the modified agreement  
must be provided to the Town of Middleton Clerk within ten (10) calendar days of  
the date the modified agreement is placed in use.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
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 support: Valerie Ahl  
A motion was made by SMITH, seconded by DOOLAN, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
5-0.  
1. This Conditional Use Permit is for Horse Boarding and related Agricultural  
Entertainment activities exceeding 10 days / calendar year. The covered  
activities include horse riding lessons, children’s birthday parties, and other  
small private events related to the horse boarding operation.  
2. Days / hours of operation: Riding lessons and Horse Boarding 8am-10pm  
Monday –Sunday. All other events 11am-7pm Friday and Saturday. 11am-5pm  
Sunday.  
3. No more than 50 attendees allowed, per event.  
4. No outdoor amplified speakers allowed.  
5. Signage is to be added to prevent trespassing and clearly mark boundaries of  
property.  
6. Any additional lighting to be downward facing and not to be seen by south  
facing property.  
7. The applicant shall provide adequate sanitary facilities to accommodate the  
anticipated number of attendees at events.  
8. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
9. 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.  
10. 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.  
11. 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.  
12. 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.  
13. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
14. Off-street parking must be provided, consistent with s. 10.102(8).  
15. If the Wisconsin Department of Transportation, Dane County Highway,  
Transportation and Public Works Department or the town engineer determine  
that access and/or 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 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. The CUP shall automatically expire upon sale of the property or transfer of  
ownership.  
20. 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.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
PETITION: CUP 02542  
APPLICANT: STEPHEN KUHN  
LOCATION: 4216 MORRIS PARK ROAD, SECTION 8, TOWN OF DUNN  
CUP DESCRIPTION: transient and tourist lodging  
In support: Steven Kuhn  
A motion was made by PETERS, seconded by KIEFER, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
5-0.  
1. The rental period shall be between a minimum of 7 days to a maximum of 29  
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 10  
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 4 parking spaces. 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.  
7. The applicant shall provide a phone number to neighbors within 300 feet,  
which can be reached if there is a problem at the property.  
8. 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.  
9. The CUP will terminate when the property is sold.  
10. The physical development and operation of the conditional use must  
conform, in all respects, to the approved site plan, operational plan and phasing  
plan.  
11. 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.  
12. 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.  
13. 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.  
14. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
15. At least six off-street parking spaces must be provided, consistent with s.  
10.102(8).  
16. 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.  
17. 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.  
18. 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.  
19. 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.  
20. 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.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
PETITION: CUP 02544  
APPLICANT: PAOLI CHEESE FACTORY ASSOCIATION LLC  
LOCATION: 6858 PAOLI ROAD, SECTION 2, TOWN OF MONTROSE  
CUP DESCRIPTION: indoor entertainment or assembly; outdoor  
entertainment; commercial indoor lodging  
In support: Nicolaas Mink  
A motion was made by DOOLAN, seconded by KIEFER, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
5-0.  
1. No more than the following number of people may be on the premises at any  
one time, associated with each specific use of the property:  
a. Indoor commercial lodging (hotel), no more than 28 guests.  
b. Indoor assembly, no more than 107 patrons total, consisting of the following:  
i. Formal restaurant, no more than 60 patrons;  
ii. Casual restaurant / café, no more than 15 patrons;  
iii. Bar, no more than 32 patrons.  
c. Outdoor entertainment, no more than 84 patrons or guests.  
2. Hours of operation shall be limited to the following:  
a. Hotel, 24 hours a day, 7 days a week.  
b. Retail and café uses, 7:00 a.m. to 8:00 p.m., 7 days a week.  
c. Formal restaurant and bar, 11:00 a.m. to 9:00 p.m., Wednesday through  
Sunday. The restaurant and bar will be closed on Monday and Tuesday.  
3. The operation shall not employ more than 24 employees in total, with no more  
than 16 employees on the site at any one time.  
4. Noise levels, from all uses combined, shall not exceed a peak level of 60  
decibels (dbA scale), as measured from any property line.  
5. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
6. 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.  
7. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits, including Town of  
Montrose alcoholic beverage permits. Copies of approved permits or other  
evidence of compliance will be provided to the zoning administrator upon  
request.  
8. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements,  
including Town of Montrose alcohol licenses. Copies of approved licenses or  
other evidence of compliance will be provided to the zoning administrator upon  
request.  
9. Onsite wastewater sewage disposal systems and holding tanks must be  
installed and maintained, at the landowner’s expense, in accordance with  
sanitary permits approved by the Dane County Division of Environmental Health,  
and in 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. At least 79 off-street parking spaces 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.  
18. This Conditional Use Permit will expire three years after the date of final  
approval. Continuance of covered activities after the expiration date requires  
approval of a new conditional use permit.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
F. Plats and Certified Survey Maps  
Preliminary Plat - Meier Farm  
Town of Middleton  
Staff recommends acceptance and schedule for future consideration  
(conditional approval).  
Attachments: acceptance  
A motion was made by PETERS, seconded by KIEFER, that the preliminary plat  
be accepted and schedule for future consideration (12/28/2021). The motion  
carried by a voice vote. 5-0.  
G. Resolutions  
H. Ordinance Amendment  
AMENDING CHAPTER 10 THE DANE COUNTY CODE OF  
ORDINANCES, REVISING VARIOUS SIGN REGULATION PROVISIONS  
BOLLIG  
Sponsors:  
A motion was made by Kiefer to amend Line 141 to replace the number 60 with  
the number 30 and amend Line 142 to replace the number 60 with the number  
30. Motion failed for lack of second.  
A motion was made by DOOLAN, seconded by SMITH, that Sub. 1 to the  
ordinance amendment be recommended for approval. The motion carried by  
the following vote: 5-0  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
Ayes:  
A motion was made by DOOLAN, seconded by PETERS, that the Ordinance be  
recommended for approval as amended. The motion carried by the following  
vote: 5-0.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
I. Items Requiring Committee Action  
Site Plan Review for the relocation of a residence within the FP-35  
Farmland Preservation Zoning District  
Applicant: Crystal Follendorf  
Location: 6648 Old 113 Road, Section 30, Town of Vienna  
A motion was made by KIEFER, seconded by PETERS, that the site plan be  
approved with one condition. The motion carried by the following vote: 5-0.  
1. The existing residence shall be removed within 60 days after occupancy of the  
new house.  
5 - BOLLIG,PETERS,DOOLAN,KIEFERandSMITH  
Ayes:  
J. Reports to Committee  
Planning and Development Director Violante updated the Committee on the  
question oriented to remote meetings versus in-person meetings. The Committee  
asked staff to reach out to Corporation Counsel to answer the following question:  
“Is a formal motion of the Committee required to invoke the provisions of Section  
VII of the ZLR Rules and Procedures regarding meeting remotely?  
Assistant Corporation Counsel Dave Gault replied with the following: “No motion  
is required for the committee to proceed under Section VII. ZLR has already  
adopted this as part of their Rules and Procedures. Para. VII.a. specifically  
states that the process can be used “as deemed appropriate by the chair.” I  
would also note that remote meetings are authorized by board committees per  
DCO s. 7.225(1)(c). I also believe the County Board Chair directed all board  
committees to hold virtual meetings for the duration of the pandemic.””  
K. Other Business Authorized by Law  
L. Adjourn  
The committee adjourned the December 14, 2021 Zoning and Land Regulation  
Committee meeting at 7:16 PM.  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.