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, August 23, 2022  
6:30 PM  
Virtual Meeting  
A. Call to Order  
DOOLAN called the August 23, 2022 Zoning and Land Regulation Committee  
meeting to order at 6:30 PM.  
Staff in attendance: Andros, Everson, Holloway, Lane, and Violante  
3 - MICHELE DOOLAN, KATE MCGINNITY, and MELISSA RATCLIFF  
Present  
2 - JERRY BOLLIG, and TIM KIEFER  
Excused  
B. Public comment for any item not listed on the agenda  
Bill Keen expressed his concerns regarding the conditions and minutes for the  
approval of CUP 2567.  
August 23rd ZLR meeting registrants  
2022  
RPT-307  
Attachments: Aug 23rd ZLR meeting registrants.pdf  
C. Consideration of Minutes  
2022  
MIN-170  
Minutes of the July 12, 2022 Zoning and Land Regulation Committee  
meeting  
Attachments: 7-12-22 ZLR Work Meeting Minutes.pdf  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Minutes be  
approved. The motion carried by the following vote: 3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
2 - BOLLIGandKIEFER  
Excused:  
2022  
MIN-221  
Minutes of the July 26, 2022 Zoning and Land Regulation Committee  
meeting  
Attachments: 7-26-22 ZLR Public Hearing Minutes.pdf  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Minutes be  
approved. The motion carried by the following vote: 3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
11868  
PETITION: REZONE 11868  
APPLICANT: MARK & KAREN LAWLER  
LOCATION: 898 HANDEL ROAD, SECTION 9, TOWN OF MAZOMANIE  
CHANGE FROM: RM-8 Rural Mixed-Use District TO RR-4 Rural  
Residential District  
REASON: create one residential lot - transfer of development right  
Attachments: 11868 Ord Amend.pdf  
11868 Staff Report.pdf  
11868 Town Action Report.pdf  
11868 Density 2.pdf  
11868 Density.pdf  
11868 App  
11868 Map  
In support: Karen Lawler  
Opposed: None  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
3-0.  
1. Applicant shall record an agricultural conservation easement with the Register  
of Deeds office that meets the requirements of section 10.304(4)(b) of the county  
zoning code on tax parcel 090628480002.  
2. Applicant shall record a TDR-R notice document on the RR-4 zoned property  
indicating that the additional residential lot was established as the result of a  
Transfer of Development Rights on tax parcel 080609297400.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
11869  
PETITION: REZONE 11869  
APPLICANT: JESSE VOGEL  
LOCATION: EAST OF 8191 CTH G, SECTION 25, TOWN OF  
SPRINGDALE  
CHANGE FROM: SFR-2 Single Family Residential District TO RR-2 Rural  
Residential District  
REASON: to allow for animal unit(  
Attachments: 11869 Ord Amend.pdf  
11869 Staff Report rev.pdf  
11869 Town Action Report.pdf  
11869 Map  
11869 App  
In support: Jesse and Erin Vogel  
Opposed: None  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
11870  
PETITION: REZONE 11870  
APPLICANT: TYROL PROPERTIES LLC  
LOCATION: NORTH OF 3487 BOHN RD, SECTION 28, TOWN OF  
VERMONT  
CHANGE FROM: NR-C Natural Resource Conservation District TO RE  
Recreational District  
REASON: rezone to allow expansion of parking area for tyrol basin  
Attachments: 11870 Staff Report.pdf  
11870 Town Action Report.pdf  
11870 parking area concept.pdf  
11870 parking area - zoom.pdf  
11870 staff correspondence.pdf  
11870 Map  
11870 APP  
In support: Nathan McGee  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be postponed to allow time for additional information to be submitted.  
The motion carried by the following vote: 3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
02571  
PETITION: CUP 02571  
APPLICANT: JOHN S KUNDERT  
LOCATION: 2013 SKYLINE DRIVE, SECTION 29, TOWN OF PLEASANT  
SPRINGS  
CUP DESCRIPTION: accessory buildings maximum height of 16 feet  
Attachments: CUP 2571 Staff Report  
CUP 2571 Town Action Report  
CUP 2571 Garage Plans  
CUP 2571 Site Plan  
CUP 2571 Shoreland Plans  
CUP 2571 Map  
CUP 2571 APP  
In support: John Kundert  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be approved with 8 conditions. The motion carried by the following  
vote: 3-0.  
1. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan.  
2. A site inspection shall be conducted within 60 days of construction completion.  
3. The mean height of the accessory building shall not exceed 16 feet.  
4. The accessory building shall be constructed to meet all standards of the  
applicable building code.  
5. The accessory building shall not be used as a dwelling.  
6. 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.  
7. 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.  
8. 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.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
11855  
PETITION: REZONE 11855  
APPLICANT: G&G BROTHERS PROPERTIES LLC  
LOCATION: 495 COUNTY HWY X, SECTION 29, TOWN OF ALBION  
CHANGE FROM: RM-8 Rural Mixed-Use District TO FP-B Farmland  
Preservation Business District, RM-8 Rural Mixed-Use District TO RR-1  
Rural Residential District  
REASON: creating one residential lot  
Attachments: 11855 Ord Amend.pdf  
11855 Staff Update  
11855 Town Action Report  
11855 Revised Draft CSM  
11855 App  
11855 Map  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
3-0.  
1. Deed restrict the FP-B parcel to prohibit residential development (proposed lot  
2 of the Certified Survey Map).  
2. Amend the petition to expand the size of the proposed residential lot to 2 net  
acres to be assigned the RR-2 zoning category (proposed lot 1 of the Certified  
Survey Map).  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
11856  
PETITION: REZONE 11856  
APPLICANT: JOHAN STOKSTAD  
LOCATION: EAST AND WEST OF 1111 MAPLE GROVE ROAD,  
SECTION 8, TOWN OF ALBION  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District, FP-35 Farmland Preservation District TO  
RR-16 Rural Residential District  
REASON: creating one residential lot and one agricultural lot  
Attachments: 11855 Ord Amend.pdf  
11856 Staff Update  
11856 Town Action Report  
11856 Density Study.pdf  
11856 Map  
11856 App  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
3-0.  
1. A deed restriction shall be recorded on the RR-16 lot limiting development to  
one single family residence and prohibiting further division (proposed lot 2 of the  
CSM).  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
F. Plats and Certified Survey Maps  
2022 LD-006  
Land Division Waiver/Variance - Ch. 75.19(1)(P)  
Evan's Crossing Preliminary Plat - Town of Middleton  
Cul-de-sacs shall not exceed 1000 feet in length and shall provide a  
turn-around with a minimum right-of-way radius of 60 feet.  
The traveled way within the cul-de-sac shall provide a minimum radius of  
40 feet.  
Attachments: Variance application _subdivision ordinance_  
2022-06-20_Evan's Crossing-Prelim Plat  
map  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Land  
Division waiver be approved. The motion carried by the following vote: 3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
2022 LD-007  
Preliminary Plat - Evan's Crossing  
Town of Middleton  
Staff recommends conditional approval.  
Attachments: conditional approval  
2022-06-20_Evan's Crossing-Prelim Plat  
map  
EvansCrossingMiddletonSection29.pdf  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the preliminary  
plat be approved with conditions. The motion carried by the following vote: 3-0.  
1. Compliance with the Dane County Comprehensive Plan is to be established.  
2. Land Division waiver application is to be approved for the length of the  
proposed public road exceeding 1,000 feet. (Waiver approved 8.23.22)  
3. All public land dedications are to be clearly designated “dedicated to the  
public.”  
4. 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  
5. All street names PEYTON PARKWAY shall be consistent with chapter 76 of the  
Dane County Ordinances.  
• Dane County Surveyor: PEYTON PARKWAY is a satisfactory road name.  
6. Comments from the Dane County Public Health department are to be satisfied:  
• Public Health would like confirmation on the actions proposed for the existing  
septic’s and wells.  
• The septic for 0708-292-8425-9 appears to fit completely within Lot 13 and could  
remain if a reconnection permit is provided for the new house to be built on the  
lot and the new house is built with the same number of bedrooms as the existing  
house on this system.  
• The septic for 0708-292-8415-1 does not fit within Lot 4 completely given the  
currently proposed lot lines. If this septic is retained for the future house on Lot 4  
a change in lot  
lines should be considered to keep all of the septic system on the lot served by  
the system. As above, a reconnection permit would be needed and the house  
would need to be built with the same number of bedrooms as the existing house.  
• Both existing wells are located in the proposed roadway for the development  
and will need to be filled and sealed before demolition begins.  
7. Compliance with Ch. 14.45 DCCO, Erosion Control Plans is to be established,  
prior to any land disturbance.  
8. Compliance with Ch. 14.46 DCCO, Stormwater Control Permit is to be  
established, prior to any land disturbance  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
2022 LD-008  
Final Plat - Olson's Bliven Road Addition  
Town of Albion  
Consideration of the May 10, 2022 conditional approval and execution of  
the plat  
document pursuant to established committee policy.  
Staff recommends the chairperson to sign and date the final plat and  
proceed  
with recording.  
Attachments: conditional approval  
Olson plat  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the final plat be  
approved and signed by Chair DOOLAN in order to be recorded. The motion  
carried by the following vote: 3-0.  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
G. Resolutions  
8. 2022  
RES-093  
AUTHORIZING FUNDS FOR HIRING A CONSULTANT FOR A  
BROADBAND INFRASTRUCTURE ENGINEERING ASSESSMENT AND  
COORDINATION OF IMPLEMENTATION OF FIBER BROADBAND  
THROUGHOUT DANE COUNTY  
Sponsors: RATCLIFF, MCGINNITY, JOERS, HATCHER, ENGELBERGER, BOLLIG, WRIGHT,  
DOWNING, RITT, HUELSEMANN and GLAZER  
Attachments: 2022 RES-093  
2022 RES-093 FISCAL NOTE  
Proposed Sub __ 2022 RES-093  
2022 RES-093 CONTRACT #14829  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Resolution  
Requiring 2/3rds Vote be recommended for approval. The motion carried by the  
following vote: 3-0  
3 - DOOLAN,MCGINNITYandRATCLIFF  
2 - BOLLIGandKIEFER  
Ayes:  
Excused:  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
J. Reports to Committee  
Report of approved Certified Survey Maps  
2022  
RPT-282  
Attachments: Aug_2022  
Discussion regarding the definition and design of single-family residences  
2021  
DISC-069  
Attachments: Memo on Single-family dwelling design.pdf  
Examples of residences.pdf  
Policy on defining Single Family Residences.pdf  
Types of dwellings.pdf  
Possible Deed Restriction.pdf  
Zoning Administrator Lane explained that the Zoning Division is having issues  
with the review of single-family residences. Many of the houses are being  
designed for multi-generational habitation which include potential separate  
living spaces. The Committee agreed that a deed restriction may be necessary  
in some cases in order to inform future landowners of the intended use of the  
house. Staff will work on drafting an ordinance amendment to the Zoning  
Ordinance.  
2022  
DISC-012  
Discuss changing the December 27th ZLR Committee public hearing  
meeting to December 13th.  
Attachments: 2022 ZLR Calendar.pdf  
The Committee decided not to have a meeting on December 27, 2022. The  
public hearing for December shall be moved to the December 13, 2022  
Committee meeting.  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by RATCLIFF, seconded by MCGINNITY, adjourn the August  
23, 2022 Zoning and Land Regulation Committee meeting at 7:38pm. The motion  
carried unanimously.