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, April 12, 2022  
6:30 PM  
Virtual Meeting  
A. Call to Order  
Chair BOLLIG called the April 12, 2022 Zoning and Land Regulation Committee  
meeting to order at 6:30 PM  
Staff in attendance: Chlebowski, Everson, Lane, and Violante  
4 - JERRY BOLLIG, STEVEN PETERS, TIM KIEFER, and SARAH SMITH  
Present  
Excused  
1 - MICHELE DOOLAN  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
C. Consideration of Minutes  
2021  
MIN-716  
Minutes of the March 22, 2022 Zoning and Land Regulation Committee  
meeting  
Attachments: 3-22-22 ZLR Public Hearing minutes.pdf  
A motion was made by PETERS, seconded by SMITH, that the Minutes be  
approved. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
Ayes:  
1 - DOOLAN  
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  
11748  
PETITION: REZONE 11748  
APPLICANT: RANDY J BOLLIG  
LOCATION: 1535 COUNTY HIGHWAY Z, SECTION 6, TOWN OF PERRY  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11748 Ord Amend  
11748 Staff Update  
11748 Town Action Report  
11748 Bollig CSM draft 3-22-2022  
11748 Map Update.pdf  
11748 Map  
11748 APP  
In support: Garrison Bollig  
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: 3-0-1 BOLLIG Abtained  
1. The petition shall be amended to rezone the owner’s remaining lands lying  
north and south of the proposed new 8 acre RR-8 parcel to the FP-1 zoning  
district. Proposed Lots 1 and 3 of the CSM shall be zoned to the FP-1 district, and  
Lot 2 to the RR-8 district.  
3 - PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
Abstain:  
1 - BOLLIG  
11791  
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  
Attachments: 11791 Ord Amend  
11791 Staff Update  
11791 Updated site, landscaping, signage, lighting plans (2-25-22)  
11791 Updated operations plan and statement of intent (2-25-22)  
11791 Updated civil engineering plans  
11791 LWR Preliminary rewiew letter.pdf  
11791 Town Action Report.pdf  
11791 Staff concerns and applicant's response  
11791 Map  
11791 APP  
11791 Letter of Opposition Paradise Crossing Condo  
11791 Letter of Opposition - Village of Marshall.pdf  
In support: James McFadden, George Boyer  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 4-0.  
1. Within 90 days of county board approval of the zoning petition, the property  
owner shall record a deed restriction on the HC-zoned property that states the  
following:  
a. Land uses are limited exclusively to a business that offers used car sales and  
maintenance.  
b. Development of the site and operation of the business shall be done in strict  
compliance with the operations, site, landscaping, lighting, screening, and  
signage plans submitted and dated 2/25/2022.  
c. Hours of operation are limited to 9:00AM to 5:00PM, Monday through Saturday.  
d. Signage shall be limited to one 4’x8’ wall sign as depicted on the site plan  
dated 2/25/2022. The installation of off-premises (billboard) signage is prohibited.  
2. Site development and construction activities shall not occur outside the hours  
of 7:00AM – 7:00PM Monday-Friday, or 8:00AM-5:00PM Saturday-Sunday.  
3. All setbacks and required yards in the approved site plan meet those of the  
Heavy Commercial district as specified in s. 10.273;  
4. The existing building shall be brought into compliance and maintained to  
meet current requirements of the Wisconsin Commercial Building Code.  
5. The applicant shall obtain erosion control and storm water management  
permits meeting the requirements of Chapter 14, Dane County Code of  
Ordinances, prior to development.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
11795  
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  
Attachments: 11795 Ord Amend  
11795 Staff Report REVISED 4-5-2022.pdf  
11795 Density.pdf  
11795 Town Action Report.pdf  
11795 APP revised.pdf  
11795 Map revised.pdf  
In support: Dennis Midthun  
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 balance of PIN 0607-234-8000-6 remaining after the SFR-1 lot is created be  
deed restricted to prohibit further land divisions.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
11807  
PETITION: REZONE 11807  
APPLICANT: JASON DIAZ  
LOCATION: SOUTH OF 277 WILDERNESS WAY, SECTION 33, TOWN  
OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating two residential lots  
Attachments: 11807 Ord Amend  
11807 Staff Report REVISED 4-5-2022.pdf  
11807 density.pdf  
11807 Navigability.pdf  
11807 Town Action Report.pdf  
11807 APP  
11807 Map  
In support: JasonDiaz and Jeff Bartig  
A motion was made by PETERS, seconded by SMITH, that the Zoning Petition be  
recommended for approval with conditions. The motion carried by the following  
vote: 4-0.  
1. A deed restriction shall be recorded on parcels 0509-332-9500-8,  
0509-331-9070-0, 0509-332-8341-0 & 0509-331-8721-0 to prohibit further residential  
development on the remaining FP-35 Farmland Preservation zoned land. The  
housing density rights for the original farm have been exhausted.  
2. A shared driveway agreement shall be recorded on the properties pursuant to  
Dane County Code of Ordinance Section 75.19(8) to allow for 1 lot to be created  
without public road frontage. The agreement shall include access to the other  
residential lot being created and the remaining agricultural property. Within 90  
days, the application shall be approved by Dane County Zoning Division or the  
zoning shall become null and void.  
3. A driveway permit shall be approved by the Town of Oregon prior to obtaining  
a zoning permit. The driveway design shall comply with all requirements of the  
Town of Oregon Driveway Ordinance including culvert, build-up to cul-de-sac,  
and bump out requirements.  
4. Storm water management permit and erosion control permit shall be obtained  
from Dane County Land and Water Resources Department prior to obtaining a  
zoning permit.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
2557  
PETITION: CUP 02557  
APPLICANT: 17 OBRIEN CT LLC  
LOCATION: 4114 TOWER ROAD, SECTION 9, TOWN OF DUNN  
CUP DESCRIPTION: transient and tourist lodging  
Attachments: CUP 2557 Staff Update  
CUP 2557 Town Action Report  
CUP 2557 Email opposition  
CUP 2557 House Rental Rules  
CUP 2557 APP  
CUP 2557 Map  
In support: Brian Spanos  
A motion was made by PETERS, seconded by SMITH, that the Conditional Use  
Permit be approved with the following conditions. The motion carried by the  
following vote: 4-0.  
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 2  
guests over 12 years old and no more than 5 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.  
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. 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.  
15. 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.  
16. 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.  
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. 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,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
2021 LD-018  
Preliminary Plat - Olson's Bliven Road Addition  
Town of Albion  
Staff recommends conditional approval  
Attachments: conditional approval  
olson preliminary  
2021 LD-017 Olson Plat Planning Staff Memo  
A motion was made by PETERS, seconded by SMITH, that the preliminary plat be  
approved with conditions. The motion carried by the following vote: 4-0.  
1. The document is to be completed in accordance with S.236.34, Wisconsin  
State Statutes.  
2. Lots will be served by municipal sewer. Minimum lot size requires each lot to  
be not less than 8,000 square feet.  
Average lot size: 23,079 square feet or 0.529 acres  
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. Subdivisions where public sanitary sewers are available at the time of platting,  
sanitary sewers shall be provided to each lot within the subdivision.  
5. All public land dedications are to be clearly designated “dedicated to the  
public.”  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
G. Resolutions  
2021  
RES-365  
APPROVING CONTRACT ADDENDUM #1 (CONTRACT #13206A) WITH  
FIDLAR TECHNOLOGIES INC  
BOLLIG  
Sponsors:  
Attachments: 2021 RES-365  
2021 RES-365 FISCAL NOTE  
2021 RES-365 CONTRACT #13206A  
A motion was made by KIEFER, seconded by PETERS, that the Resolution be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
IN SUPPORT OF NAMING BIG HILL SAVANNA  
2021  
RES-411  
DOWNING  
Sponsors:  
Attachments: 2021 RES-411  
2021 RES-411 FISCAL NOTE  
A motion was made by PETERS, seconded by SMITH, that the Resolution be  
recommended for approval. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
H. Ordinance Amendment  
2021 OA-058  
AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF  
ORDINANCES, REGARDING THE DEFINITION OF A “DAY CARE  
CENTER.”  
KIEFER and DOOLAN  
Sponsors:  
Attachments:  
UPDATE on 2021 OA-058 Staff Memo RE Definition of Day Care  
Center (003).pdf  
2021 OA-058 Staff Memo RE Definition of Day Care Center  
w_Attachment.pdf  
2021 OA-58 Town Action Tally.pdf  
2021 OA-058 Staff Memo  
2021 OA-058  
2021 OA-58 Email Summary  
2021 OA-58 Blooming Grove.pdf  
2021 OA-58 Cottage Grove.pdf  
A motion was made by KIEFER, seconded by PETERS, that the Ordinance  
Amendment be postponed until such time as a new public hearing can be  
arranged. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
I. Items Requiring Committee Action  
J. Reports to Committee  
Discussion regarding the design of single-family residences  
2021  
DISC-069  
Attachments: Memo on Single-family house design.pdf  
Examples of residences.pdf  
Policy on defining Single Family Residences.pdf  
Types of dwellings.pdf  
Possible Deed Restriction.pdf  
A motion was made by KIEFER, seconded by PETERS, that the Discussion Item be  
postponed until such time as it can be brought before the new ZLR Committee at  
the appropriate time as designated by staff. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
1 - DOOLAN  
Ayes:  
Excused:  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by PETERS, seconded by SMITH, that the meeting be  
adjourned at 7:42 PM. The motion carried by the following vote: 4-0.  
4 - BOLLIG,PETERS,KIEFERandSMITH  
Ayes:  
1 - DOOLAN  
Excused:  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.