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 28, 2021  
6:30 PM  
Virtual meeting  
A. Call to Order  
Chair Bollig called the December 28, 2021 Zoning and Land Regulation  
Committee meeting to order at 6:30pm.  
Staff present: Lane, Everson, and Violante.  
4 - JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, and SARAH SMITH  
Present  
1 - STEVEN PETERS  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
December 28th ZLR Committee meeting registrants  
C. Consideration of Minutes  
Minutes of the December 14, 2021 Zoning and Land Regulation  
Committee meeting  
A motion was made by SMITH, seconded by KIEFER, that the December 14, 2021  
minutes be approved. The motion carried by a voice vote. 4-0.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 11766  
APPLICANT: HOTTMANN INVESTMENTS INC  
LOCATION: 9860 BLACKHAWK ROAD, SECTION 16, TOWN OF  
MIDDLETON  
CHANGE FROM: AT-5 Agriculture Transition District TO SFR-08 Single  
Family Residential District  
REASON: reconfiguring 3 existing residential lots  
In support: David Hottmann  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. Contingent on the recording of a CSM for the property.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
Ayes:  
Excused:  
1 - PETERS  
PETITION: REZONE 11767  
APPLICANT: CATHY ANN RASMUSSEN  
LOCATION: 147 COUNTY HWY BB, SECTION 12, TOWN OF  
DEERFIELD  
CHANGE FROM: SFR-08 Single Family Residential District TO RR-1  
Rural Residential District, FP-35 Farmland Preservation District TO RR-1  
Rural Residential District  
REASON: expand existing residential lot  
In support: Cathy Rasmussen  
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,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
PETITION: REZONE 11768  
APPLICANT: WILLIAM F MCCHESNEY  
LOCATION: 7053 MADIGAN ROAD, SECTION 20, TOWN OF VIENNA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural  
Residential District  
REASON: separating existing residence from farmland  
In support: William McChesney, Joyce McChesney  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. A new driveway shall be built for direct access to the new parcel and new  
home. The existing driveway was shared with sibling and is outside the new  
CSM.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11769  
APPLICANT: MARY OLSON  
LOCATION: 5470 MISSOURI ROAD, SECTION 23, TOWN OF MEDINA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District, RR-2 Rural Residential District TO RR-8 Rural  
Residential District  
REASON: expand existing residential lot  
In support: Michelle Affatati  
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,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
PETITION: REZONE 11770  
APPLICANT: ROBERT P SHANAHAN  
LOCATION: 3315 NELSON ROAD, SECTION 24, TOWN OF BURKE  
CHANGE FROM: RR-2 Rural Residential District TO RR-1 Rural  
Residential District, SFR-1 Single Family Residential District TO RR-2  
Rural Residential District  
REASON: reconfiguring existing residential lots  
In support: Robert and Kathryn Shanahan  
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,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11771  
APPLICANT: TODD ELLIOTT  
LOCATION: 3900 AMBER LANE, SECTION 19, TOWN OF DEERFIELD  
CHANGE FROM: SFR-1 Single Family Residential District TO RR-1 Rural  
Residential District  
REASON: changing zoning district to allow for a larger accessory building  
to be constructed  
In support: Todd Elliot  
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,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
PETITION: REZONE 11772  
APPLICANT: TOWN OF VERONA  
LOCATION: PROPERTIES NORTH OF CROSS COUNTRY ROAD,  
SECTION 8, TOWN OF VERONA  
CHANGE FROM: RR-1, RR-2, and RR-4 Rural Residential District TO  
SFR-1 and SFR-2 Single Family Residential District  
REASON: town initiated blanket rezone of various properties will better  
accommodate existing land uses and provide more consistency amongst  
surrounding neighborhood and with the town/county comprehensive plan  
In support: None  
Opposed: Erik Bluemner  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be postponed due to opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11773  
APPLICANT: BARBARA GRENLIE  
LOCATION: EAST OF 9973 GREENWALD ROAD, SECTION 26, TOWN  
OF VERMONT  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District, RR-2 Rural Residential District TO RR-4 Rural  
Residential District  
REASON: expand existing residential lot  
In support: Barb Grenlie  
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,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
PETITION: REZONE 11774  
APPLICANT: JASON W JASKULA  
LOCATION: 76 HILLSIDE ROAD AND SURROUNDING PROPERTIES,  
SECTION 36, TOWN OF ALBION  
CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural  
Mixed-use District  
REASON: expanding existing residential lot  
In support: Ron Combs  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be postponed due to no town action. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11775  
APPLICANT: SMITHA CHINTAMANENI / LYNCH ESTATE  
LOCATION: 5926 COUNTY HWY CV, SECTION 8, TOWN OF BURKE  
CHANGE FROM: GC General Commercial District, RR-8 Rural  
Residential District TO HC Heavy Commercial District  
REASON: consolidate zoning to allow for commercial development  
In support: Khris Barber  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
postponed due to no town action. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11776  
APPLICANT: JAMES AESCHBACH  
LOCATION: 4480 DAHMEN PASS, SECTION 10, TOWN OF CROSS  
PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District, FP-35 Farmland Preservation District TO  
RM-16 Rural Mixed-Use District, RR-4 Rural Residential District TO RM-16  
Rural Mixed-Use District  
REASON: expand existing residential lot  
In support: James Aeschbach  
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,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11777  
APPLICANT: MELVIN F SHOTLIFF JR  
LOCATION: 791 US HWY 14, SECTION 19, TOWN OF RUTLAND  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: creating one residential lot  
In support: Melvin & Kenda Shotliff  
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.  
1. The CSM associated with this rezoning petition shall show two lots: a 5 acre  
RR-4 zoned lot, and a ~130 acre FP-35 zoned lot covering the entirety of the  
owners’ adjoining lands and including lot 1 of CSM #15041. The larger lot will  
serve to erase the boundaries of the existing 3.76 acre CSM #15041.  
2. Applicant shall obtain approval for the new driveway from the WISDOT.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11778  
APPLICANT: TIMOTHY AND CHERYL KRAUSSE  
LOCATION: 117 COUNTY HWY N, SECTION 32, TOWN OF ALBION  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: separating existing residence from farmland  
In support: Tim Krausse  
A motion was made by SMITH, seconded by KIEFER, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
PETITION: REZONE 11779  
APPLICANT: WARREN AND MARY ANN OLSEN  
LOCATION: 6466 SUNSET DRIVE, SECTION 36, TOWN OF VERONA  
CHANGE FROM: RR-2 Rural Residential District TO MFR-08 Multi-Family  
Residential District  
REASON: creating a condominium plat for 4 single-family houses on one  
lot  
In support: Ronald R Klaas In opposition: Kirsten Witte  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be postponed due to opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11780  
APPLICANT: MARY & GARRET HANDEL  
LOCATION: NORTH OF 5133 JOHN WILKINSON ROAD, SECTION 29,  
TOWN OF BLACK EARTH  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District, RR-4 Rural Residential District TO RR-8 Rural  
Residential District, RR-4 Rural Residential District TO FP-1 Farmland  
Preservation District, FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District  
REASON: expanding existing residential lot  
In support: Mary Handel In opposition: Peter Wood  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be postponed due to opposition and no town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: REZONE 11781  
APPLICANT: DEER CREEK SPORT & CONSERVATION CLUB INC  
LOCATION: 8475 MILLER ROAD, SECTION 10, TOWN OF PRIMROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RE  
Recreational District  
REASON: change zoning district to allow for the expansion of the existing  
shooting range  
In support: Larry Konopacki, In opposition: Tim Kruse  
A motion was made by DOOLAN, seconded by KIEFER, that the Zoning Petition  
be postponed due to opposition and no town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: CUP 02547  
APPLICANT: DEER CREEK SPORTSMANS CLUB  
LOCATION: 8475 MILLER ROAD, SECTION 10, TOWN OF PRIMROSE  
CUP DESCRIPTION: outdoor entertainment and indoor active recreation  
(shooting range and club house rental for events)  
In support: Larry Konopacki, In opposition: Tim Kruse  
A motion was made by DOOLAN, seconded by SMITH, that the Conditional Use  
Permit be postponed due to opposition and no town action. The motion carried  
by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
PETITION: CUP 02546  
APPLICANT: JEKY GOLF LLC  
LOCATION: 3730 MANISTEE WAY, SECTION 29, TOWN OF  
MIDDLETON  
CUP DESCRIPTION: outdoor active recreation (swimming pool, tennis  
courts, pickle ball courts) and outdoor entertainment (outdoor seating for  
bar/restaurant)  
In support: Jeff Haen  
A motion was made by DOOLAN, seconded by SMITH, that the Conditional Use  
Permit be approved with conditions. The motion carried by the following vote:  
4-0.  
1. The CUP is granted subject to all standard conditions specified in Dane County  
Zoning Ordinance Section 1.101(7)(d)2, as applicable.  
2. The CUP shall be reviewed by the Town in the event of a change in ownership  
of the property and/or a change to the operator of the restaurant facility. Outdoor  
Active Recreation activities are limited to swimming pool, tennis courts, and  
pickle ball courts.  
3. Outdoor Entertainment activities are limited to outdoor seating for the  
bar/restaurant.  
4. Both are subject to the following conditions:  
a. Hours of operation  
i. All general outdoor activity shall cease no later than midnight/12am, except  
amplified sound and/or music options  
ii. Pool and Golf course are open from 7 am to 9 pm 7 days a week.  
iii. Restaurant is open 11 am - Midnight weekdays  
iv. Restaurant is open 10 am - Midnight on weekends  
5. Outdoor entertainment activities shall have a maximum capacity of 250  
persons.  
6. Outdoor lighting shall be downward-directed, designed to minimize ambient  
spill, and shall comply with all applicable requirements of the Town of  
Middleton. The light plan shall be consistent with the approved site plan.  
7. Amplified sound and/or music options:  
a. Outdoor music shall be limited to no later than 10pm, Sunday through  
Thursday, and no later than 11pm on Friday and Saturday.  
b. Under no circumstances should noise levels exceed 55 decibels DbA per the  
Environmental Protection Agency’s (EPA) health and welfare standard, as  
measured at any of the property’s boundaries.  
8. The operation shall be served by public sewer.  
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 Commercial Building Code or 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. Off-street parking spaces must be provided, in a manner consistent with s.  
10.102(8). [Refer to s. 10.102(8) standards for specific use, calculate appropriate  
number of spaces and insert that number into this condition]  
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 during normal business hours 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 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.  
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. The landowner may, at their own initiative, apply for a new conditional use  
permit to revise or extend the use, at any time. Such application will go through  
the same process, including public notice and hearing, as any new conditional  
use permit.  
20. 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,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
PETITION: REZONE 11696  
APPLICANT: CHEROKEE PARK INC  
LOCATION: 5000 N SHERMAN AVENUE, SECTION 24, TOWN OF  
WESTPORT  
CHANGE: wetland status to non-wetland status  
REASON: golf course ecological restoration project - declassifying wetland  
In support: Buck Sweeney  
A motion was made by SMITH, seconded by DOOLAN, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 4-0.  
1. Prior to any land-disturbing activity, the landowner obtains erosion control,  
shoreland erosion control and/or stormwater management permits, that meet all  
applicable requirements of Chapters 11 and 14, Dane County Code.  
2. Prior to any fill or dredging within the General Floodplain District or the Flood  
Storage District, the landowner obtains floodplain zoning permits under Chapter  
17, Dane County Code.  
3. All land-disturbing activities, fill, dredging or other development must comply  
with any wetland fill, discharge, erosion control and/or stormwater permits,  
including all conditions and mitigation, as required by the Wisconsin DNR or the  
U.S. Army Corps of Engineers.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
Land Division Waiver - Aeschbach 2-lot Certified Survey Map  
Associated with petition 11776  
Town of Cross Plains  
Staff recommends approval.  
A motion was made by DOOLAN, seconded by KIEFER, that the Land Division  
waiver be approved to allow proposed lot 2 to be created with no frontage on a  
public road. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
Ayes:  
Excused:  
Preliminary Plat - Meier Farm  
Town of Middleton  
Staff recommends conditional approval  
A motion was made by SMITH, seconded by DOOLAN, that the preliminary plat  
be approved with conditions. The motion carried by the following vote: 4-0.  
1. Rezone Petition #11742 is to become effective and all conditions are to be  
timely satisfied.  
(County Board approved the Petition on October 7, 2021)  
Recording of an approved subdivision plat.  
2. All public land dedications are to be clearly designated “dedicated to the  
public.”  
English Daisy Court and Bell Vine Court extensions will be dedicated to the  
public.  
3. Utility easements are to be provided.  
Easements across lots or along rear or side lot lines shall be provided for  
utilities where necessary, shall be at least 6 feet wide on each side of lot lines  
4. Comments from the Highway department are to be satisfied:  
CTH S is a controlled access highway.  
No access to be designated across the frontage of CTH S except in the area of  
the two permitted accesses.  
Any change of use, from Private entrance, of two existing access requires a  
permit from the Highway Department.  
Right of way appears to be correct.  
5. Comments from the Dane County Surveyor are to be satisfied:  
No comments  
6. Comments from the Dane County Public Health department are to be satisfied:  
Public Health has no objections to this preliminary plat.  
7. Compliance with Ch. 14.45 DCCO, Erosion Control Plans is to be established,  
prior to any land disturbance.  
8. Compliance with Ch. 14.46 DCCO, Stormwater Control Permit is to be  
established, prior to any land disturbance  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
1 - PETERS  
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 DOOLAN, seconded by SMITH, that the December 28, 2021  
meeting be adjourned at 8:15 PM. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,KIEFERandSMITH  
Ayes:  
1 - PETERS  
Excused:  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.