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, January 11, 2022  
6:30 PM  
Virtual meeting  
A. Call to Order  
Vice chair Peters called the meeting to order at 6:31pm.  
Staff in attendance: Allan and Violante  
3 - STEVEN PETERS, TIM KIEFER, and SARAH SMITH  
Present  
2 - JERRY BOLLIG, and MICHELE DOOLAN  
Excused  
B. Public comment for any item not listed on the agenda  
There was no public comment for items not on the agenda.  
2021  
January 11, 2022 ZLR Registrants  
RPT-781  
Attachments: January 11 ZLR Meeting Registrants  
C. Consideration of Minutes  
Minutes of the December 28, 2021 Zoning and Land Regulation Committee  
meeting  
2021  
MIN-525  
Attachments: 12-28-21 ZLR Public Hearing minutes.pdf  
A motion was made by Smith, seconded by Kiefer, to approve the December 28,  
2021 ZLR Committee meeting minutes. The motion passed, 3-0.  
3 - PETERS,KIEFERandSMITH  
Ayes:  
2 - BOLLIGandDOOLAN  
Excused:  
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: REZONE 11739  
11739  
APPLICANT: SOLON W PIERCE III  
LOCATION: EAST OF 1475 COUNTY HWY BB, SECTION 18, TOWN OF DEERFIELD  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural Residential District  
REASON: creating two residential lots  
Attachments: 11739 Staff Update  
11739 Town Action Report  
11739 Revised 1 lot map  
11739 Density.pdf  
11739 Map  
11739 APP  
11739 Soil Suitability Map  
Registered in support: Solon Pierce, Don Imhoff  
Registered in opposition: None  
Allan informed the committee of a recently discovered discrepancy with wetland data that  
could impact the petition and recommended postponement.  
A motion was made by Smith, seconded by Kiefer, to postpone the petition. The  
motion carried, 3-0.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
PETITION: REZONE 11772  
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  
Attachments: 11772 Ord Amend  
11772 Staff Update.pdf  
11772 Town Action Report  
11772 Email in support - Steuck.pdf  
11772 Map  
11772 APP  
Registered in support: None  
Registered in opposition: None  
A motion was made by Smith, seconded by Kiefer, to recommend approval of the  
petition. The motion carried, 3-0.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
PETITION: REZONE 11774  
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  
Attachments: 11774 Ord Amend  
11774 Staff Update  
11774 Town Action Report  
11774 Density Study  
11774 Map  
11774 APP Revised  
Registered in support: Jason Jaskula  
Registered in opposition: None  
A motion was made by Smith, seconded by Kiefer, to recommend approval of the  
petition with the following condition. The motion carried, 3-0.  
1. Owners shall record deed restrictions on both RM-16 parcels prohibiting land  
divisions or further development.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
PETITION: CUP 02540  
02540  
APPLICANT: DANE COUNTY WASTE & RENEWABLES  
LOCATION: NORTH AND EAST OF 3087 LUDS LANE, SECTION 30, TOWN OF COTTAGE  
GROVE  
CUP DESCRIPTION: electric generating facility - 178-acre solar array farm  
Attachments: CUP #2540 (Solar Electric Generating Facility)  
CUP 2540 Staff Update  
CUP 2540 Town Action Report.pdf  
CUP 2540 Site Plan 122721 Final  
CUP 2540 Revised layout  
CUP 2540 Applicant Response to Cottage Grove Questions.pdf  
CUP 2540 Response to 8 CUP Standards.pdf  
CUP 2540 Project Presentation.pdf  
CUP 2540 Map  
CUP 2540 APP  
Registered in support: Bill French, Ben Tanko  
Registered in opposition: None  
A motion was made by Smith, seconded by Kiefer, to approve the Conditional  
Use Permit with the following 17 conditions. The motion carried, 3-0.  
1) Pile driving operations (during construction) are limited to between 7:00 a.m.  
to 7:00 p.m. Monday through Friday.  
2) Seven to eight foot tall arbor vitaes or cedars shall be planted outside the  
solar facility fence on the border with Hope Lutheran Church (on Dane County  
property, so the solar facility will be responsible for their maintenance).  
3) Areas adjacent to crop land that is not row-crops will be mowed 3-4 times per  
year to keep seed from native plantings on the solar site from dispersing onto the  
crop land.  
4) The town shall be an additional insured on a bond with the County.  
5) Any conditions required for specific uses listed under s. 10.103.  
6) The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
7) 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.  
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) 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.  
10) 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.  
11) All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
12) Off-street parking must be provided, consistent with s. 10.102(8).  
13) 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.  
14) 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.  
15) 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.  
16) 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.  
17) 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.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
Discussion and possible action regarding the violation of conditions of  
Conditional Use Permit #2537, DUSTIN MAHER, 7537 Fallen Oak Drive,  
Section 29, Town of Middleton. The conditional use permit was issued for  
transient or tourist lodging.  
2021  
ACT-368  
Attachments: ACT 368 Staff Report.pdf  
CUP violation letter - Jan 3  
Dept of Health violation letter - Jan 4  
CUP #2537  
House Listing.pdf  
Citation Letter - Nov 5th  
Zoning Violation Letter - July 13th  
Registered in support (against revocation of CUP 2537): Dustin Maher  
Registered in opposition (in favor of revocation of CUP 2537): Ken Wagner, Gary Kraft,  
Janis Parkinson, Mike Parkison  
A motion was made by Kiefer, seconded by Smith, to approve the revocation of  
CUP 2537 for transient and tourist lodging based on the following findings as  
presented in the staff report. The motion carried, 3-0.  
1. After being notified of the violation on July 13th, the landowner has continued  
to violate various aspects of the land use. The landowner continued to advertise  
the short-term rental; has exceeded the 8-person limit of the septic system; and  
has not obtained a license from the Health Department. The rental of the house is  
still causing complaints from the neighbors.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
A motion was made by Kiefer, seconded by Smith, to reconsider. Motion carried,  
3-0  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
A motion was made by Kiefer, seconded by Smith, to approve the revocation of  
CUP 2537 for transient and tourist lodging based on the following findings as  
presented in the staff report. The motion carried, 3-0.  
1. After being notified of the violation on July 13th, the landowner has continued  
to violate various aspects of the land use. The landowner continued to advertise  
the short-term rental; has exceeded the 8-person limit of the septic system; and  
has not obtained a license from the Health Department. The rental of the house is  
still causing complaints from the neighbors.  
3 - PETERS,KIEFERandSMITH  
2 - BOLLIGandDOOLAN  
Ayes:  
Excused:  
J. Reports to Committee  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by Smith, seconded by Kiefer, to adjourn the meeting at  
7:20PM. The motion carried by a voice vote.  
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  
days prior to the meeting.  
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