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, May 24, 2022

6:30 PM

Virtual meeting

A. Call to Order

Chair KIEFER designated Vice Chair BOLLIG to chair the meeting.

BOLLIG called the ZLR meeting to order at 6:31 PM

Staff present: Violante, Lane, Andros, Allan and Everson

5 -

Present

JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, KATE MCGINNITY, and

MELISSA RATCLIFF

B. Public comment for any item not listed on the agenda

KIEFER made a motion to adjourn the meeting due to possible violation with

open meeting laws. No committee member seconded the motion. Motion failed.

No comments made by the public.

May 24, 2022 ZLR Registrants

2022

RPT-088

Attachments: CUP 2563 Support SPEAK.pdf

CUP 2563 Support

CUP 2563 Opposed.pdf

CUP 2563 Opposed SPEAK

CUP 2563 Registration After May 19th.pdf

Zoom Registrants.pdf

Registration for other petitions

2022

MIN-050

Minutes of the May 10, 2022 Zoning and Land Regulation Committee

meeting

Attachments: 5-10-22 ZLR Public Hearing minutes.pdf

A motion was made by DOOLAN, seconded by RATCLIFF, that the May 10, 2022

minutes be approved. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

D. Zoning Map Amendments and Conditional Use Permits from previous meetings

11823

PETITION: REZONE 11823

APPLICANT: MICHAEL LEE SCHMITZ

LOCATION: 8617 MESSERSCHMIDT ROAD, SECTION 27, TOWN OF

SPRINGDALE

CHANGE FROM: RR-4 Rural Residential District TO RR-2 Rural

Residential District, AT-35 Agriculture Transition District TO RR-2 Rural

Residential District, AT-35 Agriculture Transition District TO RM-16 Rural

Mixed-Use District

REASON: creating two residential lots

Attachments: 11823 Ord Amend

11823 Staff Update.pdf

11823 Town Action Report

11823 App

11823 Map

In support: Michael L Schmitz

A motion was made by DOOLAN, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 5-0.

1. Development of Lot 4 shall comply with the building envelope requirements on

file at the Springdale Town Hall.

2. A deed restriction shall be recorded on all of the lots (1-4) stating the following:

Further land division of the property is prohibited.

3. A deed notice shall be recorded on the lots (1-4) stating the following: The lot

development has exhausted the housing density rights for the property. Further

development is prohibited per the Town and County Land Use Planning Policies.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02560

PETITION: CUP 02560

APPLICANT: STEPHAN AND ALEX MESDJIAN

LOCATION: 2903 BIBLE CAMP ROAD, SECTION 9, TOWN OF DUNN

CUP DESCRIPTION: transient or tourist lodging

Attachments: CUP 2560 Staff Update

CUP 2560 Town Action Report

CUP 2560 Short Term Rental House Rules

CUP 2560 App

CUP 2560 Map

CUP 2560 Email in opposition.pdf

CUP 2560 Email in opposition attachment.pdf

A motion was made by DOOLAN, seconded by MCGINNITY, 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 8

guests over 12 years old and no more than 8 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 and keep current 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.

Standard conditions of approval (apply to all conditional uses)

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. This

includes compliance with the 10PM-7AM neighborhood quiet time noted in the

house rules.

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.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

E. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and

Ordinance Amendments

11825

PETITION: REZONE 11825

APPLICANT: JAMES S HUSETH JR

LOCATION: EAST OF 1656 LEWIS ROAD, SECTION 31, TOWN OF

SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District TO RE Recreational

District

REASON: creating an agricultural lot

Attachments: 11825 Ord Amend

11825 Staff Report.pdf

11825 Town Action.pdf

11825 Map

11825 App

In support: Kevin Hanson

A motion was made by MCGINNITY, seconded by DOOLAN, that the Zoning

Petition be recommended for approval with condition. The motion carried by the

following vote: 5-0.

1. A deed restriction shall be recorded on the property stating the following: The

construction of buildings, residential or non-residential, is prohibited on the

property.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11826

PETITION: REZONE 11826

APPLICANT: DETTMANN VINEYARDS LLC

LOCATION: 4200 AND 4202 COUNTY HWY P, SECTION 15, TOWN OF

CROSS PLAINS

CHANGE FROM: RR-2 Rural Residential District TO RR-8 Rural

Residential District, RR-4 Rural Residential District TO RR-8 Rural

Residential District, FP-35 Farmland Preservation District TO RR-4 Rural

Residential District, FP-35 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: consolidating two existing residential lots and creating two

residential lots

Attachments: 11826 Staff Report

11826 Wetland Violation

11826 Density Study

11826 App

11826 Map

In support: Ronald R Klaas, Karl Dettmann

A motion was made by DOOLAN, seconded by RATCLIFF, that the Zoning Petition

be postponed due to no town action and further review. The motion carried by

the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11827

PETITION: REZONE 11827

APPLICANT: JOE HOUGAN

LOCATION: 2351 COUNTY HWY BN, SECTION 22, TOWN OF

PLEASANT SPRINGS

CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 11827 Ord Amend.pdf

11827 Staff Report

11827 Town Action Report

11827 Density Study

11827 Map

11827 App

In support: Joe Hougan

A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval with one condition. The motion carried by

the following vote: 5-0.

1. Owner shall record a deed restriction on the balance of approximately 27

acres of FP-35 zoned land lying west of CTH BN prohibiting further nonfarm

development (tax parcels 0611-222-8500-6, and 0611-222-8000-1).

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11828

PETITION: REZONE 11828

APPLICANT: DOUGLAS B & GAIL DAHLK

LOCATION: 8815 COUNTY HWY G, SECTION 9, TOWN OF PRIMROSE

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 11828 Ord Amend

11828 Staff Report.pdf

11828 Town Action Report.pdf

11828 density.pdf

11828 Map

11828 APP

In support: Dahlk

A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval. The motion carried by the following vote:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11829

PETITION: REZONE 11829

APPLICANT: JERRY & SHARON WENDT

LOCATION: 3511 STATE HWY 138, SECTION 11, TOWN OF RUTLAND

CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural

Residential District, RR-8 Rural Residential District TO FP-35 Farmland

Preservation District

REASON: shifting of property lines between adjacent land owners

Attachments: 11829 Ord Amend

11829 Staff Report

11829 Town Action Report

11829 Map

11829 App

In support: Jerry and Sharon Wendt

A motion was made by DOOLAN, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval with one condition. The motion carried by the

following vote: 5-0.

1. A minimum of 35 acres of the Sime’s FP-35 zoned property shall be included in

a Certified Survey Map.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11830

PETITION: REZONE 11830

APPLICANT: 5211 SOUTHERN AVENUE LLC

LOCATION: 3445 KELLIHER ROAD, SECTION 32, 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: expanding an existing residential lot

Attachments: 11830 Staff Report.pdf

11830 Request to postpone.pdf

11830 Map

11830 App

A motion was made by DOOLAN, seconded by RATCLIFF, that the Zoning Petition

be postponed due to no town action. The motion carried by the following vote:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11831

PETITION: REZONE 11831

APPLICANT: DUANE HUIBREGTSE

LOCATION: 4579 COUNTY HWY B, SECTION 19, TOWN OF DUNN

CHANGE FROM: RR-8 Rural Residential District TO RR-4 Rural

Residential District, FP-35 Farmland Preservation District TO RR-4 Rural

Residential District, RM-8 Rural Mixed-Use District TO FP-35 Farmland

Preservation District

REASON: reconfiguration of an existing residential lot

Attachments: 11831 Staff Report

11831 Town Action Report

11831 Map

11831 App

In support: DUANE HUIBREGTSE

A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning

Petition be postponed due to concernsand zoning compliance. The motion

carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11832

PETITION: REZONE 11832

APPLICANT: DWIGHT & NANCY TRULEN

LOCATION: 9450 MALONE, SECTION 30, TOWN OF SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District TO RR-4 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 11832 Ord Amend

11832 Staff Report.pdf

11832 Town Action.pdf

11832 Map

11832 App

In support: Dwight Trulen

A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval with one condition. The motion carried by

the following vote: 5-0.

1. A deed restriction shall be recorded on the proposed lot stating the following:

Division of the property is prohibited.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11833

PETITION: REZONE 11833

APPLICANT: JOSHUA & KERSTIN MABIE

LOCATION: 1390 WASHINGTON ROAD, SECTION 6, TOWN OF ALBION

CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural

Mixed-Use District, RM-8 Rural Mixed-Use District and FP-1 Farmland

Preservation District

REASON: creating two residential lots and one agricultural lot. One

residential lot is for an existing residence.

Attachments: 11833 Ord Amend.pdf

11833 Staff Report

11833 Town Action

11833 Farm Operation Summary

11833 Density Study

11833 Map

11833 APP

In support: Josh and Kersten Mabie

A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning

Petition be recommended for approval with one condition. The motion carried by

the following vote: 5-0.

1. Owners shall record a deed restriction on the RM-16, RM-8, and FP-1 lots

prohibiting further land division as the housing density units have been

exhausted.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02564

PETITION: CUP 02564

APPLICANT: JOSHUA & KERSTIN MABIE

LOCATION: 1390 WASHINGTON ROAD, SECTION 6, TOWN OF

ALBION

CUP DESCRIPTION: transient and tourist lodging

Attachments: CUP 2564 Staff Report

CUP 2564 Town Action

CUP 2564 Staff Report

CUP 2564 Operations & Site Plan

CUP 2564 Map

CUP 2564 App

In support: Josh and Kersten Mabie

A motion was made by MCGINNITY, seconded by RATCLIFF, that the Conditional

Use Permit be approved with conditions. The motion carried by the following

vote: 5-0.

1. The conditional use permit shall expire upon the sale of the property.

2. Occupancy shall be limited to no more than two adult guests for each bedroom

in the residence.

3. If the landowner provides to the zoning administrator a sanitary system

inspection report, completed by a licensed plumber, which shows the sanitary

system is capable of adequately handling the additional demand, occupancy

limits may be increased. Under such circumstances, occupancy shall be

determined by the capacity of the sanitary system.

4. The physical development and operation of the conditional use must conform,

in all respects, to the approved site plan, operational plan and phasing plan.

5. 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.

6. 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.

7. The transient and tourist lodging operation must obtain and continue to

maintain a short-term rental license approved by the Dane County Division of

Environmental Health. The use must also comply with all other 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.

8. All vehicles and equipment must access the site only at approved locations

identified in the site plan and operations plan.

9. Off-street parking spaces must be provided, consistent with s. 10.102(8) (one per

bedroom).

10. 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.

11. 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.

12. 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.

13. 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.

14. 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,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11834

PETITION: REZONE 11834

APPLICANT: STEVEN J HALVERSON

LOCATION: WEST OF 686 STATE HIGHWAY 92, SECTION 23, TOWN

OF PRIMROSE

CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural

Residential District

REASON: creating one residential lot

Attachments: 11834 Ord Amend

11834 Staff Report.pdf

11834 Town Action Report.pdf

11834 density.pdf

11834 Map

11834 App

In support: RAY GILDEN

A motion was made by DOOLAN, seconded by MCGINNITY, that the Zoning

Petition be recommended for approval. The motion carried by the following vote:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11835

PETITION: REZONE 11835

APPLICANT: RIAZUL HAQUE

LOCATION: EAST OF 213 KELLOGG ROAD, SECTION 12, TOWN OF

ALBION

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District

REASON: creating one residential lot

Attachments: 11835 Staff Report

11835 Town Action

11835 Density Study

11835 Map.pdf

11835 APP Revised.pdf

11835 ALBION Supplement

In support: Nick Schremp; In opposition: Elizabeth Davis

A motion was made by RATCLIFF, seconded by MCGINNITY that the Zoning

Petition be postponed to allow for a wetland delineation to be completed. The

motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02561

PETITION: CUP 02561

APPLICANT: BRADD R DRAHEIM

LOCATION: 4658 STATE HWY 92, SECTION 31, TOWN OF RUTLAND

CUP DESCRIPTION: limited family business - welding business

Attachments: CUP 2561 Staff Report

CUP 2561 Map

CUP 2561 App

In support: Brad Draheim, In opposition: Traci Schaefer

A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional

Use Permit be postponed due to no town action. The motion carried by the

following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

In support: Kevin Hahn, Susan Courter, Mitch Olson, Charles Sweeney, Noah T. Rusch,

Curt Brekken, Riana Paquette, Brett Faukhauser, Britt Paquette; Matt Algeim, Kate

Angeles, Rudy Angeles, Devin Hahn, Jessica Hahn, Rob Hill, Royce Donner, Sandra

Donner

In opposition: Jason Berning, Paul Proctor, Bill Boerigter, Tom Eugster, Mary Knutson,

Bonnie Larson, Maureen Rowe, Sharon Seffrood, Gail Simpson, Henry Spelter, Christa

Westerberg

A motion was made by DOOLAN, seconded by MCGINNITY, that the Conditional

Use Permit be postponed due to opposition. The motion carried by the following

vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

F. Plats and Certified Survey Maps

G. Resolutions

H. Ordinance Amendment

Items Requiring Committee Action

a. Motion to remove Committee Chair

A motion was made by MCGINNITY, seconded by DOOLAN, that Chair KIEFER be

removed as the chair of the ZLR Committee. County Board Chair MILES was

present. The motion carried by the following vote: 6-0 (MILES Aye)

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

b. Election of Committee Chair (contingent upon previous motion)

A motion was made by KIEFER, seconded by BOLLIG, to nominate DOOLAN as

the chair. The motion carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

J. Reports to Committee

K. Other Business Authorized by Law

L. Adjourn

A motion was made by KIEFER, seconded by BOLLIG, that the May 24th Zoning

and Land Regulation Committee meeting be adjourned at 10:12 PM. The motion

carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes: