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 25, 2022  
6:30 PM  
Virtual meeting  
A. Call to Order  
Chair BOLLIG called the January 25, 2022 Zoning and Land Regulation  
Committee meeting to order at 6:30pm.  
Staff in attendance: Allan, Everson, Lane, and Violante  
4 - JERRY BOLLIG, STEVEN PETERS, MICHELE DOOLAN, and SARAH SMITH  
Present  
1 - TIM KIEFER  
Excused  
B. Public comment for any item not listed on the agenda  
No public comments.  
January 25th ZLR Committee meeting registrants  
C. Consideration of Minutes  
No minutes to take action.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 11782  
APPLICANT: ARLEN & HENNY LUND  
LOCATION: 11 E ROCKDALE ROAD, SECTION 24, TOWN OF  
CHRISTIANA  
CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural  
Mixed-Use District  
REASON: shifting of property lines between adjacent land owners  
In support: Virginia Kravik, Alan Lund  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. The owner shall record a deed restriction on the RM-16 acre parcel prohibiting  
further development or division.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11783  
APPLICANT: DAVID J GARFOOT  
LOCATION: 8670 GARFOOT DRIVE, SECTION 10, TOWN OF  
PRIMROSE  
CHANGE FROM: SFR-08 Single Family Residential District TO RR-2  
Rural Residential District, FP-35 Farmland Preservation District TO RR-4  
Rural Residential District and RR-2 Rural Residential District  
REASON: adding 2.82 acres of land to two existing residential lots  
In support: Jami Erickson, David Garfoot  
A motion was made by DOOLAN, seconded by SMITH, that the Zoning Petition be  
recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. The certified survey map shall depict a hatch marked area noting “residential  
development is prohibited in this area” as approved by the Town of Primrose.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11784  
APPLICANT: REBECCA J MESDJIAN  
LOCATION: WEST OF 5607 NETHERWOOD ROAD, SECTION 4,  
TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: creating one residential lot  
In support: Jon Hageman. In opposition: Raymond Hillgers  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be postponed due to no town action and opposition. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11785  
APPLICANT: QUARTER MILE DRIVE LLC  
LOCATION: 4941 STATE HIGHWAY 78, SECTION 34, TOWN OF  
BLACK EARTH  
CHANGE FROM: RM-16 Rural Mixed-Use District TO FP-35 Farmland  
Preservation District  
REASON: correcting boundaries of an existing residential lot  
In support: John Halverson  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11786  
APPLICANT: LJC PROPERTIES LLC  
LOCATION: 6729 PATTON ROAD, SECTION 28, TOWN OF VIENNA  
CHANGE FROM: SFR-1 Single Family Residential District TO RM-16  
Rural Mixed-Use District  
REASON: consolidate properties to allow for a limited family business to  
occur on property - heating contractor  
In support: James Chansler  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be recommended for approval with four conditions. The motion carried by the  
following vote: 4-0.  
1. Seasonal Storage only with no further individual units added to the facility;  
2. Current units to be used in limited family business (HVAC Contractor) by owner  
to store materials and equipment;  
3. Prohibit outside storage of construction equipment, recreational vehicles, and  
construction materials;  
4. No additional buildings or structures added to property.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
Ayes:  
1 - KIEFER  
Excused:  
PETITION: REZONE 11787  
APPLICANT: DANIEL MARSHALL  
LOCATION: 253 UNION ROAD, SECTION 35, TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District, RR-4 Rural Residential District TO FP-35 Farmland  
Preservation District  
REASON: shifting of property lines between adjacent land owners  
In support: Larry Glusman  
A motion was made by SMITH, seconded by PETERS, that the Zoning Petition be  
postponed due to no town action. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11788  
APPLICANT: THOMAS M AND JULIA A WILLAN  
LOCATION: 4407 VILAS HOPE ROAD, SECTION 7, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: RR-2 Rural Residential District TO FP-B Farmland  
Preservation Business District  
REASON: change zoning to allow permitted uses in the Farmland  
Preservation Business FP-B Zoning District (land use unknown)  
In support: Thomas and Julia Willan  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be postponed to allow more time for the Committee to review the submitted  
information and obtain additional staff input. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11789  
APPLICANT: CARBON CYCLE CONSULTING LLC  
LOCATION: 464 CANAL ROAD, SECTION 2, TOWN OF MEDINA  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-B  
Farmland Preservation Business District  
REASON: change zoning to allow for the composting of manure and  
agricultural by-products  
In support: Jason Fuller. In opposition: Lonnie Benesch, Carla Buchannan  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be postponed due to opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11790  
APPLICANT: TOM MAGNUSON  
LOCATION: NE OF INTERSECTION OF COUNTY HWY P AND COUNTY  
HWY PD, SECTION 16, TOWN OF SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-2 Rural  
Residential District and RR-4 Rural Residential District  
REASON: creating one residential lot  
In support: Tom Magnuson  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. Further land division of Lot 1 and 2 is prohibited.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
Ayes:  
1 - KIEFER  
Excused:  
PETITION: REZONE 11791  
APPLICANT: SIMPLY HOMES PROPERTY MANAGEMENT LLC  
LOCATION: 533 WATERLOO ROAD, SECTION 15, TOWN OF MEDINA  
CHANGE FROM: SFR-08 Single Family Residential District TO HC Heavy  
Commercial District  
REASON: change zoning to allow for vehicle sales and repair  
In support: James McFadden, GEORGE P. BOYER JR. In opposition: Jeff Weigand,  
Sue Peck, Cory Buye  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be postponed due to opposition. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11792  
APPLICANT: TODD AND ANNE CARLSON  
LOCATION: WEST OF 1997 SPRING ROSE ROAD, SECTION 25,  
TOWN OF SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-2 Rural  
Residential District  
REASON: creating a residential zoning boundary for a single-family  
residence on a 63-acre property  
In support: Jerod Bennett  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
postponed due to no town action. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11793  
APPLICANT: TERRY L PECKHAM  
LOCATION: 2080 COUNTY HWY BB, SECTION 11, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District and RR-2 Rural Residential District  
REASON: separating the existing residence from the farmland; creating a  
residential lot; creating two agricultural lots  
In support: Bruce Peckham  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
recommended for approval with three conditions. The motion carried by the  
following vote: 4-0.  
1. The proposed FP-1 parcels shall be deed restricted to prohibit development or  
division.  
2. The existing RR-2 zoning boundary surrounding the residence and buildings at  
2080 CTH BB is 360' x 360'. Existing buildings on the property at 2080 CTH BB  
shall meet setback requirements to new lot lines. The existing septic system shall  
be within the proposed residential lot.  
3. Erosion control and stormwater management permits shall be obtained prior to  
construction of the driveway serving the proposed RR-2 parcel.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11794  
APPLICANT: LESLIE & SAMIA SHALABI  
LOCATION: SOUTH OF 7211 STATE HWY 78, SECTION 13, TOWN OF  
MAZOMANIE  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-1 Rural  
Residential District  
REASON: creating one residential lot  
In support: Leslie Shalabi  
A motion was made by DOOLAN, seconded by PETERS, that the Zoning Petition  
be recommended for approval with one condition. The motion carried by the  
following vote: 4-0.  
1. A notation shall be placed on the Certified Survey Map the states, "A zoning  
permit for a single-family residence shall not be issued until a wetland  
delineation report is conducted on the property by an assured delineator in order  
to determine the allowable building envelope on the property. The structure is  
required to meet wetland and highway setback requirements."  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: REZONE 11795  
APPLICANT: DENNIS C MIDTHUN  
LOCATION: 2292 CTY HIGHWAY J, SECTION 23, TOWN OF  
SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RR-2 Rural  
Residential District and SFR-1 Single Family Residential District  
REASON: creating one residential lot and one residential zoning boundary  
In support: Dennis Midthun  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
postponed due to no town action. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
Ayes:  
1 - KIEFER  
Excused:  
PETITION: REZONE 11796  
APPLICANT: SCOTT & CARLA FISCHER  
LOCATION: 5408 LANGER ROAD, SECTION 20, TOWN OF MEDINA  
CHANGE FROM: RR-8 Rural Residential District TO RR-4 Rural  
Residential District  
REASON: creating one residential lot  
In support: Scott and Carla Fischer  
A motion was made by PETERS, seconded by DOOLAN, that the Zoning Petition  
be postponed due to no town action. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02548  
APPLICANT: EASTMAN HUNTING CLUB INC  
LOCATION: 527 HILLSIDE ROAD, SECTION 26, TOWN OF ALBION  
CUP DESCRIPTION: updating the hours of operation for an existing  
shooting range (cup 2330)  
Attachments: CUP #2548  
In support: Alan Foltman  
A motion was made by PETERS, seconded by SMITH, that the Conditional Use  
Permit be approved with 16 conditions. The motion carried by the following  
vote: 4-0.  
1. A deflecting roof shall be constructed and maintained over the 4-lane shooting  
range and skeet shooting area.  
2. Shooting of firearms is limited to 8:00am to 9:00pm.  
3. The area for the incidental sales of firearms shall be not larger than 10% of the  
floor area of the lodge.  
4. Any conditions required for specific uses listed under s. 10.103.  
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 or Uniform Dwelling Code.  
7. 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.  
8. 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.  
9. 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.  
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.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02549  
APPLICANT: LJC PROPERTIES LLC  
LOCATION: 6729 PATTON ROAD, SECTION 28, TOWN OF VIENNA  
CUP DESCRIPTION: limited family business - heating contractor  
In support: James Chancellor  
A motion was made by PETERS, seconded by DOOLAN, that the Conditional Use  
Permit be approved with 21 conditions. The motion carried by the following  
vote: 4-0.  
1. Seasonal Storage only with no further individual units added to the facility;  
2. Current units to be used in limited family business (HVAC Contractor) by owner  
to store materials and equipment;  
3. Prohibit outside storage of construction equipment, recreational vehicles, and  
construction materials;  
4. No additional buildings or structures shall be added to property.  
5. The use shall employ no more than one or one full-time equivalent, employee  
who is not a member of the family residing on the premises.  
6. Structures used in the business shall be considered to be residential accessory  
buildings and shall meet all requirements for such buildings.  
7. Sanitary fixtures to serve the limited family business use may be installed, but  
must be removed upon expiration of the conditional use permit or abandonment  
of the limited family business.  
8. The conditional use permit shall automatically expire on sale of the property  
or the business to an unrelated third party.  
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. 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.  
14. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
15. Any off-street parking spaces provided must be 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.  
21. 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:  
Excused:  
PETITION: CUP 02550  
APPLICANT: CARBON CYCLE CONSULTING LLC  
LOCATION: 464 CANAL ROAD, SECTION 2, TOWN OF MEDINA  
CUP DESCRIPTION: composting facility / manure processing facility  
In support: Jason Fuller. In opposition: Lonnie Benesch  
A motion was made by PETERS, seconded by SMITH, that the Conditional Use  
Permit be postponed due to opposition.The motion carried by the following vote:  
4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02551  
APPLICANT: JASON & MARY ELLEN MACKEY  
LOCATION: 648 TAYLOR LANE, SECTION 20, TOWN OF DUNKIRK  
CUP DESCRIPTION: allow for the construction of a taller accessory  
building (16 feet mean elevation)  
Attachments: CUP #2551  
In support: Mary Ellen Mackey  
A motion was made by PETERS, seconded by DOOLAN, that the Conditional Use  
Permit be approved with 6 conditions. The motion carried by the following vote:  
4-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan.  
2. The mean height of the accessory building shall not exceed 16 feet.  
3. The accessory building shall be constructed to meet all standards of the  
applicable building code.  
4. The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits associated with the  
construction. Copies of approved permits or other evidence of compliance will be  
provided to the zoning administrator upon request.  
5. 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.  
6. If the accessory building is torn down, removed or collapses and is not rebuilt,  
in compliance with these conditions, for a period of 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.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
Ayes:  
Excused:  
PETITION: CUP 02552  
APPLICANT: JALATEEFA L JOE-MEYERS  
LOCATION: 10291 / 10297 US HIGHWAY 14, SECTION 15, TOWN OF  
MAZOMANIE  
CUP DESCRIPTION: institutional residential facility  
In support: Jalateefa Joe-Meyers  
County Staff informed the Committee that the Town of Mazomanie denied the  
conditional use permit application. The Town determined that the application  
did not meet Standards 1 and 7 of obtaining a conditional use permit. No action  
was taken by the Committee pursuant to Dane County Code of Ordinance Section  
10.101(7)(c)2.c.  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
F. Plats and Certified Survey Maps  
Wallace proposed land division waiver request.  
Town of Dunn  
Applicant is seeking a waiver from the minimum 66-feet public road  
frontage requirements for lot 2.  
Attachments: Report  
A motion was made by PETERS, seconded by SMITH, that the Land Division  
waiver be approved. The motion carried by the following vote: 4-0.  
Finding of fact: No new lots are being created and this is a lot line adjustment of  
a previous Certified Survey Map.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
1 - KIEFER  
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 PETERS, seconded by DOOLAN, that the meeting be  
adjourned at 8:55 PM. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,DOOLANandSMITH  
Ayes:  
1 - KIEFER  
Excused:  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.