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, June 28, 2022  
6:30 PM  
Virtual meeting  
A. Call to Order  
Chair DOOLAN called the June 28, 2022 Zoning and Land Regulation Committee  
meeting to order at 6:30 PM  
Staff present: Violante, Andros 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  
No comments made by the public.  
KIEFER made a motion to adjourn the meeting due to possible violation of county  
ordinance 7.22(4) on meeting conduct. The motion failed for lack of a second.  
KIEFER made a second motion to adjourn the meeting due to possible violation  
with state open meeting laws under Chapter 19 of the Wisconsin Statutes. The  
motion failed for lack of a second  
June 28, 2022 Registrants  
C. Consideration of Minutes  
June 14, 2022 ZLR Work Meeting Minutes  
A motion was made by BOLLIG, seconded by RATCLIFF, that the June 14, 2022  
Minutes be approved. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Abstain:  
1 - KIEFER  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
PETITION: REZONE 11836  
APPLICANT: COUNTY OF DANE - C/O SHARENE SMITH  
LOCATION: NORTHWEST OF 2960 WOODS ROAD, SECTION 4, TOWN OF VERONA  
CHANGE FROM: AT-35 Agriculture Transition District TO NR-C Natural Resource Conservation  
District  
REASON: creating two parkland lots  
Attachments: 11836 Ord Amend  
In support: Sharene Smith  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11837  
APPLICANT: BALLWEG LIVING TRUST  
LOCATION: 7462 RAULS ROAD, SECTION 32, TOWN OF DANE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District  
REASON: separating existing residence from farmland  
Attachments: 11837 Ord Amend  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11838  
APPLICANT: SWALHEIM 2011 REV TR, DUANE P & CANDACE J  
LOCATION: EAST OF 3475 N STAR ROAD, SECTION 27, TOWN OF COTTAGE GROVE  
CHANGE FROM: FP-35 Farmland Preservation District TO GC General Commercial District,  
FP-35 Farmland Preservation District TO FP-1 Farmland Preservation District  
REASON: creating 3 commercial lots and one agricultural lot  
Attachments: 11838 Ord Amend  
In support: Duane Swalheim  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0-1.  
1. Owner shall record a deed restriction on the three proposed GC zoned parcels  
that states the following:  
a. Uses of the GC zoned property are limited exclusively to the following:  
• Contractor, landscaping or building trade operations  
• Undeveloped natural resource and open space areas  
• Governmental, institutional, religious, or nonprofit community uses  
• Light industrial  
• Office uses  
• Indoor sales  
• Indoor storage and repair  
• Personal or professional service  
• A transportation, utility, communication, or other use required by law  
• Utility services associated with a permitted use  
• Veterinary clinics  
• Agriculture and accessory uses (livestock not permitted)  
b. Residential use or residential related use of the property is expressly  
prohibited. The property is in a planned commercial area where residential uses  
are not permitted.  
c. Evidence of compliance with Dane County stormwater management  
regulations shall be required prior to development, including arrangements for  
ongoing maintenance of the regional stormwater facilities.  
2. The Certified Survey Map for the property shall include the following:  
a. A road reservation for the cul-de-sac between proposed lots 1 and 2 that will  
accommodate truck traffic,  
b. Dedication of 35 feet on the south side of the east-west segment of North Star  
Road,  
c. A note indicating that access to the east-west segment of North Star Road from  
lots 3 and 4 (other than for agricultural use) is prohibited until that segment is  
improved to Town Road standards.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11839  
APPLICANT: WILLIAM L MYHRE  
LOCATION: SOUTH OF 1260 COUNTY HWY A, SECTION 21, TOWN OF ALBION  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District,  
FP-35 Farmland Preservation District TO FP-1 Farmland Preservation District  
REASON: create one residential lot and one agricultural lot  
In support: William Myhre  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11840  
APPLICANT: FRENCHTOWN FARMS LLC  
LOCATION: 530 EDGEHILL LANE, SECTION 25, TOWN OF MONTROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 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: separating existing residence from the farmland and creating 2 residential lots  
Attachments: 11840 Ord Amend  
In support: Ed Short  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11841  
APPLICANT: CRAZY ACRES INC  
LOCATION: 425 EDGERTON ROAD, SECTION 27, TOWN OF ALBION  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural Residential District  
REASON: separating existing residence from farmland  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11842  
APPLICANT: DANE COUNTY  
LOCATION: 1200 E. VERONA AVENUE, SECTION 14, TOWN OF VERONA  
CHANGE FROM: RM-16 Rural Mixed-Use District TO GC General Commercial District  
REASON: update zoning to accommodate existing land use (badger prairie needs network)  
In support: Robert and Marcia Kasiata  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with condition. The motion carried by the  
following vote: 4-0-1.  
1. Recording a deed restriction limiting the GC –zoned area to Governmental,  
Institutional, Religious or Non Profit Community Uses.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11843  
APPLICANT: ROBERT & KIM RIEGE  
LOCATION: WEST OF 168 FAIR OAK ROAD, SECTION 24, TOWN OF DEERFIELD  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural Residential District  
REASON: Creating 4 Residential lots - Transfer of Development Rights  
Attachments: 11843 Ord Amend  
In support: Bob Riege  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0-1.  
1. Owner shall record a deed restriction on the FP-35 zoned sending property  
prohibiting nonfarm development in accordance with town plan policies (tax  
parcels 071224486750; 071224195010; 071224190010; 071224185009; 071224181400).  
2. The TDR-S (Transfer of Development Rights – Sending) overlay zoning district  
shall be assigned to the sending property (tax parcels 071224486750;  
071224195010; 071224190010; 071224185009; 071224181400).  
3. A deed notice shall be recorded on the four proposed residential lots  
indicating that they were created as part of a Transfer of Development Rights.  
4. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning district  
shall be assigned to the four proposed residential lots.  
5. The petition shall be amended to zone proposed lot 1 to the RR-2 zoning  
district.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11844  
APPLICANT: JELINEK TRUST  
LOCATION: COUNTY HWY B, 2200 FEET WEST OF STATE HWY 73, SECTION 21, TOWN OF  
CHRISTIANA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural Residential District  
REASON: creating one residential lot  
In support: Thomas Jelinek  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11845  
APPLICANT: RANDY & LINDA KAHL  
LOCATION: EAST OF 8639 LUST ROAD, SECTION 34, TOWN OF SPRINGDALE  
CHANGE FROM: AT-35 Agriculture Transition District TO RM-8 Rural Mixed-Use District, AT-35  
Agriculture Transition District TO RM-16 Rural Mixed-Use District, RM-16 Rural Mixed-Use  
District TO RR-4 Rural Residential District, RR-2 Rural Residential District TO RM-16 Rural  
Mixed-Use District  
REASON: shifting of property lines between adjacent land owners  
In support: Randy Kahl  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with condition. The motion carried by the  
following vote: 4-0-1.  
1. The proposed Lots 1, 2 & 3 be deed restricted to prohibit further division.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
Abstain:  
PETITION: REZONE 11846  
APPLICANT: WILLIAM & JANINE DEATLEY  
LOCATION: 1440 COUNTY HWY JG, SECTION 7, TOWN OF PRIMROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RM-16 Rural Mixed-Use District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11846 Ord Amend  
In support: Bill Deatley  
A motion was made by MCGINNITY, seconded by BOLLIG, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11847  
APPLICANT: ROBERT & JULIE STRASBURG  
LOCATION: 5546 LANGER ROAD, SECTION 20, TOWN OF MEDINA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District  
REASON: separating existing residence from farmland  
Attachments: 11847 Ord Amend  
In support: ROBERT & JULIE STRASBURG  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval with conditions. The motion carried by  
the following vote: 4-0-1.  
1. Surveyor shall confirm that the owner’s remaining lands are over 35 net acres.  
If necessary, the proposed RR-2 parcel size shall be adjusted downward to no  
less than 2 net acres.  
2. Owner shall record a deed restriction on the remaining FP-35 zoned parcel  
prohibiting further nonfarm development in accordance with town plan policies,  
as the housing density units have been exhausted.  
3. Owner shall record a deed restriction on the proposed RR-2 parcel limiting the  
keeping of livestock in accordance with the town of Medina animal unit  
restrictions.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11849  
APPLICANT: DENNIS V NOLDEN  
LOCATION: WEST OF 7869 MONTROSE ROAD, SECTION 30, TOWN OF MONTROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural Residential District,  
FP-35 Farmland Preservation District TO FP-1 Farmland Preservation District  
REASON: creating one residential lot and two agricultural lots  
Attachments: 11849 Ord Amend  
In support: Ed Short  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval with condition. The motion carried by the  
following vote: 4-0-1.  
1. A deed restriction on the FP-1 parcels prohibiting residential development  
(lots 1 and 3).  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11850  
APPLICANT: GARY L NOLDEN  
LOCATION: NORTH OF 726 FRITZ ROAD, SECTION 19, TOWN OF MONTROSE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural Residential District  
REASON: creating one residential lot  
In support: Ed Short  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: REZONE 11851  
APPLICANT: BRIAN R KORFMACHER / TARA RIPP  
LOCATION: 2896 FEMRITE DRIVE, SECTION 29, TOWN OF COTTAGE GROVE  
CHANGE FROM: RR-2 Rural Residential District TO RR-8 Rural Residential District, RR-4  
Rural Residential District TO RR-8 Rural Residential District  
REASON: consolidate existing residential lots  
In support: Brian Korfmacher  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition  
be recommended for approval. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: CUP 02565  
APPLICANT: GREGORY & DAWN CLARK  
LOCATION: 109 WALNUT STREET, SECTION 25, TOWN OF ALBION  
CUP DESCRIPTION: accessory building between 12 and 16 feet in height  
In support: Gregory A & Dawn M Clark  
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: 4-0-1.  
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 13 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 reestablishment of an  
abandoned conditional use shall require approval of a new conditional use  
permit.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
PETITION: CUP 02566  
APPLICANT: CASEY AND MELISSA HELBACH  
LOCATION: 6993 APPLEWOOD DRIVE, SECTION 27, TOWN OF MIDDLETON  
CUP DESCRIPTION: transient or tourist lodging  
In support: Casey & Melissa Helbach  
A motion was made by BOLLIG, seconded by KIEFER, 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:  
PETITION: CUP 02567  
APPLICANT: CURT & DEB HERFEL  
LOCATION: 1977 STATE HWY 69, SOUTH OF 2005 STATE HWY 69, SECTION 28, TOWN OF  
VERONA  
CUP DESCRIPTION: allow crushing at an existing non-metallic mineral extraction site  
A motion was made by BOLLIG, seconded by MCGINNITY, to allow additional  
information be submitted for the record.. The motion carried by the following  
vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
Ayes:  
In support: Bill Buglass, Clint Weninger; In opposition: Ron Hellenbrand  
A motion was made by BOLLIG, seconded by KIEFER, that the Conditional Use  
Permit be postponed due to opposition. The motion carried by the following  
vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
PETITION: CUP 02568  
APPLICANT: SHARON FUCCILE  
LOCATION: 4500 RUSTIC DRIVE, SECTION 2, TOWN OF BLOOMING GROVE  
CUP DESCRIPTION: daycare center  
In support: Rebecca Katzenmeyer; In opposition: William Stark  
A motion was made by KIEFER, seconded by BOLLIG, that the Conditional Use  
Permit be postponed due to concerns from an interested party. The motion  
carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
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  
In support: Marc Brody  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
F. Plats and Certified Survey Maps  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
Salvage Yard License renewals  
Attachments: Salvage_Yards  
A motion was made by BOLLIG, seconded by MCGINNITY, that the (6) Salvage  
Yard Licenses be renewed. The motion carried by the following vote: 4-0-1.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Abstain:  
K. Other Business Authorized by Law  
KIEFER to request discussion of Planning and Development office hours on future  
agenda.  
L. Adjourn  
A motion was made by BOLLIG, seconded by RATCLIFF, that the June 28, 2022  
meeting be adjourned.at 8:18 PM. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
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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para acceder a este servicio, actividad o programa, comuníquese al número de teléfono que figura a  
continuación tres días hábiles como mínimo antes de la reunión.  
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tham.