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, September 20, 2022  
6:30 PM  
Hybrid Meeting: Attend in person at the City County  
Building in Room 354; or Attend virtually via  
phone/computer.  
A. Call to Order  
Chair DOOLAN called the September 20, 2022 Zoning and Land Regulation  
Committee meeting to order at 6:39 PM  
Staff present: Lane, Violante, Holloway, Everson and Andros  
4 - JERRY BOLLIG, MICHELE DOOLAN, KATE MCGINNITY, and MELISSA RATCLIFF  
Present  
1 - TIM KIEFER  
Excused  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
September 20th ZLR Committee meeting registrants  
2022  
RPT-370  
Attachments: Sept 20th ZLR Zoom Registration  
C. Consideration of Minutes  
2022  
MIN-271  
Minutes of the August 23, 2022 Zoning and Land Regulation Committee  
meeting  
Attachments: 8-23-22 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: 4-0  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
11871  
PETITION: REZONE 11871  
APPLICANT: GARY L BAUMGARTNER  
LOCATION: 9808 CTH A, SECTION 23, TOWN OF PERRY  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: separating existing residence from farmland  
Attachments: 11871 Staff Report.pdf  
11871 Town Action.pdf  
11871 Density.pdf  
11871 Map  
11871 App  
11871 DW Easement.pdf  
In support: Gary Baumgartner  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be postponed until such time as the lot is reconfigured. The motion  
carried by the following vote: 4-0  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11872  
PETITION: REZONE 11872  
APPLICANT: PLENDL LIVING TR  
LOCATION: NORTH OF 9569 WILKINSON RD., SECTION 1, TOWN OF  
MAZOMANIE  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11872 Staff Report  
11872 Postponement Request  
11872 Density  
11872 Map  
11872 APP  
Support: Richard Plendl  
Opposed: None  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be postponed until the applicant secures a housing density right. The  
motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11873  
PETITION: REZONE 11873  
APPLICANT: ANTHONY E HENSEN  
LOCATION: 6743 CTH I, SECTION 27, TOWN OF VIENNA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural  
Residential District, RR-4 Rural Residential District TO RR-8 Rural  
Residential District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11873 Ord Amend  
11873 Staff Report  
11873 Town Action  
11873 Map  
11873 APP  
REZONE PETITION 11873 SIGNED COPY  
In support: Dan Paulson  
Opposed: None  
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. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11874  
PETITION: REZONE 11874  
APPLICANT: HAHN LIVING TR  
LOCATION: NORTH OF 6480 SCHUMACHER RD., SECTION 28, TOWN  
OF VIENNA  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11874 Staff Update  
11874 Town Action  
11874 Density  
11874 Map  
11874 APP  
In support: Dan Paulson, Lonny Hahn, Mac Stevenson  
Opposed: Diane Rake  
A motion was made by BOLLIG, seconded by MCGINNITY, that the Zoning  
Petition be postponed due to opposition. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
1 - ROSS  
Absent:  
11876  
PETITION: REZONE 11876  
APPLICANT: MICHAEL DIX  
LOCATION: 3622 GARFOOT ROAD, SECTION 29, TOWN OF CROSS  
PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO FP-1  
Farmland Preservation District, FP-35 Farmland Preservation District TO  
RR-4 Rural Residential District, RR-2 Rural Residential District TO RR-4  
Rural Residential District, RR-2 Rural Residential District TO FP-1  
Farmland Preservation District  
REASON: creating residential lot for an existing residence  
Attachments: 11876 Ord Amend  
11876 Staff Report  
11876 Town Action Report  
11876 Density Study  
11876 Map  
11876 APP  
REZONE PETITION 11876 SIGNED COPY  
In support: Michael Dix  
Opposed: None  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be recommended for approval with conditions. The motion carried by the  
following vote: 4-0.  
1. A certified survey map shall be recorded with the Register of Deeds.  
2. Owner shall record a deed restriction on the FP-1 parcel (proposed lot 2)  
prohibiting residential development.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11877  
PETITION: REZONE 11877  
APPLICANT: WILLIAM THORSON  
LOCATION: 75 UNION ROAD, SECTION 36, TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11877 Ord Amend  
11877 Staff Report  
11877 Town Action Report  
11877 Map  
11877 APP  
REZONE PETITION 11877 SIGNED COPY  
In support: William Thorson  
Opposed: None  
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. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11878  
PETITION: REZONE 11878  
APPLICANT: JERI LAWRENZ  
LOCATION: 7192 COUNTY HIGHWAY V, SECTION 21, TOWN OF DANE  
CHANGE FROM: RR-2 Rural Residential District TO RR-4 Rural  
Residential District, FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: consolidating residential lots into one residential lot  
Attachments: 11878 Ord Amend  
11878 Staff Report  
11878 Town Action  
11878 Map  
11878 APP  
REZONE PETITION 11878 SIGNED COPY  
In support: Jeri Lawrenz, Rob and Christine Krantz  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11879  
PETITION: REZONE 11879  
APPLICANT: SCHOEPP INCOME TR  
LOCATION: 4600 GARFOOT ROAD, SECTION 4, TOWN OF CROSS  
PLAINS  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11879 Staff Update  
11879 Town Action  
11879 Map  
11879 APP  
In support: Sheryl Hankel  
Opposed: None  
A motion was made by MCGINNITY, seconded by RATCLIFF, that the Zoning  
Petition be postponed due to no town action. The motion carried by the following  
vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11880  
PETITION: REZONE 11880  
APPLICANT: DAN BUSSEY  
LOCATION: 893 STATE HIGHWAY 73, SECTION 15, TOWN OF ALBION  
CHANGE FROM: GC General Commercial District TO RR-2 Rural  
Residential District, RR-1 Rural Residential District TO RR-2 Rural  
Residential District  
REASON: consolidating 3 lots into 1  
Attachments: 11880 Ord Amend  
11880 Staff Report.pdf  
11880 Town Action Report.pdf  
11880 Map  
11880 APP  
REZONE PETITION 11880 SIGNED COPY  
In support: Dan Bussey  
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:  
4-0.  
1. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11881  
PETITION: REZONE 11881  
APPLICANT: MARK AND PAM HETLAND  
LOCATION: 9243 MOEN ROAD, SECTION 19, TOWN OF CROSS  
PLAINS  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: shifting of property lines between adjacent land owners  
Attachments: 11881 Ord Amend  
11881 Staff Report  
11881 Town Action Report  
11881 Map  
11881 APP  
REZONE PETITION 11881 SIGNED COPY  
In support: Olivia Dunn  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11882  
PETITION: REZONE 11882  
APPLICANT: HOEL-ORVICK FAMILY IRREV TR  
LOCATION: 5978 PORTAGE ROAD, SECTION 10, TOWN OF BURKE  
CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-2 Rural  
Residential District  
REASON: separating existing residence from farmland  
Attachments: 11882 Staff Update  
11882 Town Action  
11882 Map  
11882 APP  
In support: Mark Orvick  
Opposed: None  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be postponed due to no town action. The motion carried by the following vote:  
4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11883  
PETITION: REZONE 11883  
APPLICANT: KELLER REV TR, DORA  
LOCATION: ALPINE ROAD WEST OF GLENWAY ROAD, SECTION 34,  
TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RM-8 Rural  
Mixed-Use District, FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating four residential lots  
Attachments: 11883 Ord Amend.pdf  
11883 Staff Report  
11883 Town Action Report  
11883 density  
11883 deed 2020.pdf  
11883 Map  
11883 APP  
REZONE PETITION 11883 SIGNED COPY  
In support: Eric Grover  
Opposed: None  
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. A certified survey map shall be recorded with the Dane County Register of  
Deeds.  
2. Joint Driveway Agreements shall be recorded with the Dane County Register of  
Deeds that provides a joint driveway for Lots 1 & 2 and a joint driveway for Lots 3  
& 4.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11884  
PETITION: REZONE 11884  
APPLICANT: DINO LUKAVACKIC AND NOELY KATHY PINEDO  
LOCATION: WEST OF 9713 KAHL ROAD, SECTION 25, TOWN OF  
BLACK EARTH  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-4 Rural  
Residential District  
REASON: zoning to allow residential use  
Attachments: 11884 Ord Amend  
11884 Staff Report.pdf  
11884 Town Action Report  
11884 Map  
11884 APP  
REZONE PETITION 11884 SIGNED COPY  
In support: Dino Lukavackic  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. A certified survey map shall be recorded with the Register of Deeds.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11885  
PETITION: REZONE 11885  
APPLICANT: JENSEN FAMILY FARM LLC (JERRY JENSEN)  
LOCATION: NORTH AND SOUTH OF TOWN PARK ROAD, SECTION  
15, TOWN OF OREGON  
CHANGE FROM: FP-35 Farmland Preservation District TO RR-2 Rural  
Residential District, RR-2 Rural Residential District TO FP-35 Farmland  
Preservation District, FP-1 Farmland Preservation District TO FP-35  
Farmland Preservation District, RR-4 Rural Residential District TO FP-35  
Farmland Preservation District  
REASON: rezone to reconfigure lot lines  
Attachments: 11885 Staff Report.pdf  
11885 density.pdf  
11885 Email in opposition.pdf  
11885 Map  
11885 APP  
In support: None  
Opposed: Jordan Marche  
A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition  
be postponed due to opposition and no town action. The motion carried by the  
following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11886  
PETITION: REZONE 11886  
APPLICANT: BUCKYS PORTABLE TOILETS INC  
LOCATION: 1185 US HIGHWAY 14, SECTION 7, TOWN OF RUTLAND  
CHANGE FROM: HC Heavy Commercial District TO HC Heavy  
Commercial District  
REASON: revise deed restrictions to allow 5 tenant spaces and addition to  
building  
Attachments: 11886 Ord Amend  
11886 Staff Report  
11886 Town Action Report  
11886 Map  
11886 APP  
REZONE PETITION 11886 SIGNED COPY  
In support: Chuck Kerns  
Opposed: None  
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. Land uses on the HC zoned property shall be limited exclusively to the  
following: portable toilet rental business; outdoor storage of portable toilet units;  
offices and manufacturing facilities; office and warehousing for construction  
businesses; warehousing of business supplies; indoor storage of vehicles; repair  
of lawn and garden equipment; and personal or professional service (ex.  
Gym/personal training/cross fit/rehab).  
2. Land uses expressly prohibited: outdoor storage of material other than  
portable toilets and related equipment; storage units; storage of personal  
belongings (mini warehousing).  
3. There shall be a maximum of 5 businesses operating on the property.  
4. Outdoor storage of portable toilets shall be limited to the area adjacent to the  
commercial building as depicted on the site and operations plans submitted as  
part of zoning petition 11886.  
5. The outdoor storage area shall be screened from view by an 8’ fence with  
privacy screening on all sides.  
6. Division of the property through a condominium plat is prohibited.  
7. Off premises (billboard) signage is prohibited. A sign allowance shall be  
allowed on the HC zoned property to allow the business to have a sign at the  
road.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
11887  
PETITION: REZONE 11887  
APPLICANT: ROBERT H JOHNSON  
LOCATION: 275 HWY 12 & 18, SECTION 2, TOWN OF CHRISTIANA  
CHANGE FROM: HC Heavy Commercial District TO HC Heavy  
Commercial District  
REASON: modify current deed restriction to allow the construction of a  
personal storage facility - mini-warehouses  
Attachments: 11887 Ord Amend  
11887 Staff Report  
11887 Town Action Report  
11887 Supplemental Information  
11887 Map  
11887 App  
REZONE PETITION 11887 SIGNED COPY  
In support: Brian Spanos  
Opposed: None  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. Commercial land uses of the property shall be limited exclusively to the  
following:  
a. Personal storage facilities (mini warehouses)  
b. Office uses  
2. The installation of off premises (billboard) signage is prohibited.  
3. The size and number of signs shall comply with the approved plans. All signs  
constructed on the property shall comply with Dane County zoning regulations  
for signage and lighting.  
4. Outdoor storage of any materials, personal items or vehicles is prohibited.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
11889  
PETITION: REZONE 11889  
APPLICANT: VINEY ACRES LLC  
LOCATION: EAST OF 2906 SIGGELKOW RD, SECTION 31, TOWN OF  
COTTAGE GROVE  
CHANGE FROM: FP-1 Farmland Preservation District TO RR-2 Rural  
Residential District  
REASON: creating one residential lot  
Attachments: 11889 Ord Amend.pdf  
11889 Staff Report  
11889 Town Action Report  
11889 Density Study  
11889 Revised CSM.pdf  
11889 Map  
11889 App  
REZONE PETITION 11889 SIGNED COPY  
In support: Don Viney  
Opposed: None  
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. The TDR-R overlay zoning district shall be applied to the proposed RR 2  
parcel.  
2. Owner shall record a deed restriction prohibiting nonfarm development on the  
TDR sending property (tax  
parcels 071136393300 – Lot 3, CSM 15926).  
3. Owner shall record a deed restriction prohibiting nonfarm development on the  
remaining ~30 acres of FP-1  
zoned land from the receiving property (parcel 0711-311-8010-0 - proposed lot 1 of  
the Certified Survey Map).  
4. Owner shall record a TDR-R Notice document on the proposed RR-2 parcel  
indicating that the lot was created as the result of transfer of development rights.  
5. The final Certified Survey Map shall include dedication of additional land at  
the curve of Sigglekow Road, at a 45-degree angle as determined by the town, to  
allow for future smoothing of the curve.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
02572  
PETITION: CUP 02572  
APPLICANT: KATIE KWAS & MICHAEL THOMPSON  
LOCATION: 6537 SHADY BEND RD, SECTION 25, TOWN OF VERONA  
CUP DESCRIPTION: limited family business - small dog kennel  
Attachments: CUP 2572 Staff Update  
CUP 2572 Letter in Opposition - Beske  
CUP 2572 Letter in Opposition - Pailing  
CUP 2572 Letter in Opposition - Scidmore  
CUP 2572 Map  
CUP 2572 App  
In support: Michael Thompson and Katie Kwas  
Opposed: Bill and Julie Pailing, Janet Nodorft, Rob Fleissner, Dale Beske, Dave and  
Brenda Scidmore  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be postponed due to opposition and no town action. The motion  
carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
02573  
PETITION: CUP 02573  
APPLICANT: BRAD & LAURA TISCH  
LOCATION: 10962 MOEN RD, SECTION 31, TOWN OF PERRY  
CUP DESCRIPTION: cup for transient or tourist lodging  
Attachments: CUP #2573.pdf  
CUP 2573 Staff Report  
CUP 2573 Town Action Report  
CUP 2573 Environmental Health Comments  
CUP 2573 Map  
CUP 2573 APP  
Support: Brad Tisch  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be approved with conditions. The motion carried by the following  
vote: 4-0.  
1. The conditional use permit shall expire upon the sale of the property.  
2. No more than four bedrooms on the premises shall be rented out, to no more  
than eight overnight guests. No more than eight persons shall be on the premises  
at any one time.  
3. The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan and phasing plan.  
4. 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.  
5. 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.  
6. Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local,  
county, state and federal licensing requirements, including Short Term  
Rental/Tourist Rooming House licensing  
from the Department of Public Health. Copies of approved licenses or other  
evidence of compliance will be  
provided to the zoning administrator upon request.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and  
operations plan.  
8. At least four off street parking spaces must be provided, consistent with s.  
10.102(8).  
9. 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.  
10. 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.  
11. 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.  
12. 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.  
13. 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.  
14. Quiet hours shall be 10:00 PM – 8:00 AM.  
15. No parties or events are allowed.  
16. No pets are allowed.  
17. No ATVs or snowmobiles may be driven on the property or on Town roads.  
18. No fireworks are allowed.  
19. No firearms are allowed.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
11867  
PETITION: REZONE 11867  
APPLICANT: ZACHARY BRUMM  
LOCATION: 4301 ACKER ROAD, SECTION 8, TOWN OF BURKE  
CHANGE FROM: HC Heavy Commercial District TO MI Manufacturing and  
Industrial District  
REASON: allow the operation of a type 1 salvage yard  
Attachments: 11867 Ord Amend.pdf  
11867 Staff Update  
11867 Town Action Report  
11867 App  
11867 Map  
REZONE PETITION 11867 SIGNED COPY  
Support: Brumm, Atty. Proctor  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Zoning  
Petition be recommended for approval. The motion carried by the following vote:  
4-0.  
1. Owner shall record a deed restriction on the property that states the following:  
a. Land uses on the property shall be limited exclusively to the following:  
• Contractor, landscaping or building trade operations  
• Indoor storage and repair  
• Indoor sales.  
• Light industrial uses  
• Off-site parking lot or garage  
• Office uses.  
• Outdoor sales, display or repair.  
• Outdoor storage  
• Personal or professional service  
• Utility services.  
• Vehicle repair or maintenance services  
• Salvage recycling operations  
b. Any signage on the property shall comply with both section 10.800 of the Dane  
County Code of Ordinances (Dane County Sign Ordinance) and applicable city of  
Madison sign regulations, as specified in the Town of Burke, Village of DeForest,  
City of Sun Prairie, and City of Madison Cooperative Plan. In the event of a  
conflict between the Madison and Dane County sign regulations, the more  
restrictive regulations shall apply.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
1 - KIEFER  
1 - ROSS  
Excused:  
Absent:  
02570  
PETITION: CUP 02570  
APPLICANT: ZACHARY BRUMM  
LOCATION: 4301 ACKER ROAD, SECTION 8, TOWN OF BURKE  
CUP DESCRIPTION: salvage yard  
Attachments: CUP 2570 Staff Update  
CUP 2570 Town Action Report  
CUP 2570 Operations Plan  
CUP 2570 Map  
CUP 2570 App  
Support: Brumm, Atty. Proctor  
A motion was made by RATCLIFF, seconded by MCGINNITY, that the Conditional  
Use Permit be approved with conditions. The motion carried by the following  
vote: 4-0.  
1. Any conditions required for specific uses listed under s. 10.103, specifically,  
10.103(17).  
2. 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  
condition includes applicable requirements listed in the town of Burke conditions  
(see conditions 14-35).  
3. 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.  
4. 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.  
5. 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.  
6. 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.  
7. All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
8. Off-street parking must be provided, consistent with s. 10.102(8).  
9. 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.  
10. 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.  
11. 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.  
12. 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.  
13. 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.  
TOWN CONDITIONS:  
14. This conditional use is strictly for Zachary Brumm, doing business as ZB  
Salvage & Recycling located at 4301 Acker Road in the Town of Burke.  
15. Owner must provide sanitary facilities such as well and septic.  
16. Hours of operation shall be limited as follows:  
a. 8:00 a.m. to 5:00 p.m., Monday through Friday  
b. 8:00 a.m. to 12:00 p.m., Saturday.  
17. No outdoor operations of any kind shall take place on Sundays or legal  
holidays.  
18. Property must be screened with privacy fencing per photo provided in  
application such as corrugated steel panels. The fence shall be painted in a  
consistent color. Front fence will be 6 feet in height and 8 feet on the sides with  
no fence in back where the 8-foot berm already exists.  
19. Dismantling of vehicles shall take place inside the building.  
20. All business vehicles and machinery shall be kept in running condition and in  
good maintenance.  
21. Driveway improvements must be permitted by the Town and must be with  
stormwater run off in mind. Neighbor properties must not be negatively  
impacted. There shall be an asphalt apron, size and placement approved by the  
Town engineer, to mitigate mud and gravel to travel out onto Acker Road.  
22. Property must contain lighting.  
23. Outdoor signage must meet Dane County zoning requirements.  
24. Owner shall meet DNR standards for indoor and outdoor storage of salvaged  
vehicles.  
25. An on-site hazardous material spill containment kit large enough to capture a  
complete spillage is required.  
26. Outdoor storage of salvage materials, merchandise, vehicles, and equipment  
shall be done in an orderly manner.  
27. The existing trees bordering the property shall be maintained and serve as  
screening between the outdoor storage areas and adjoining properties.  
28. All hazardous materials or liquids must be stored properly.  
29. Fuel storage. All fuel storage must comply with ATCP 93, Wisconsin  
Administrative Code, including provisions for secondary spill containment.  
30. The applicant shall apply for and receive all other required local, state, and  
federal permits.  
31. The conditional use permit shall be for a Type 1 License Salvage Yard only.  
32. The Conditional Use Permit (CUP) shall expire upon sale of property.  
33. There will be no car crushing at this location.  
34. There will be no vehicle storage (stacking) higher than fence height in front.  
35. Screening of current trees or replacement with arborvitaes in front of fence  
between Acker Rd and fence is required.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
F. Plats and Certified Survey Maps  
2022 LD-010  
Final Plat - Evan's Crossing  
Town of Middleton  
Staff recommends conditional approval  
Attachments: conditional approval  
220912_Final Plat (08-17-22)  
map  
planning  
A motion was made by BOLLIG, seconded by MCGINNITY, that the final plat of  
Evan's Crossing be approved with conditions. The motion carried by the  
following vote: 4-0.  
1. Compliance with the Dane County Comprehensive Plan is to be established.  
2. All public land dedications are to be clearly designated “dedicated to the  
public.”  
• PEYTON PARKWAY will be dedicated to the public.  
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. 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.  
5. 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.  
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI  
53703-3342 Phone: 608.266.9086 Fax: 608.267.1540  
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.  
• RESPONSE - the existing septic systems will not be reused and will be  
removed. As you  
mentioned, existing wells will also be filled and sealed per requirements.  
6. Existing structures and on-site septic systems are to be removed.  
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  
9. The Dane County approval certificate is to be revised to reflect the committee  
as Zoning and  
Land Regulation Committee.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS  
G. Resolutions  
2022  
RES-146  
AMENDING THE 2022 OPERATING BUDGET TO FUND EXTENSION  
OF FARMLAND PRESERVATION PLAN PROJECT ASSISTANTS  
THROUGH DECEMBER 31, 2022  
DOOLAN and RATCLIFF  
Sponsors:  
Attachments: 2022 RES-146  
2022 RES 146 Fiscal Note  
2022 RES-146 SIGNED COPY  
A motion was made by RATCLIFF, seconded by BOLLIG, that the Resolution  
Requiring 2/3rds Vote be recommended for approval. The motion carried by the  
following vote: 3-0-1 (Doolan abstained)  
3 - BOLLIG,MCGINNITYandRATCLIFF  
1 - KIEFER  
Ayes:  
Excused:  
Absent:  
1 - ROSS  
1 - DOOLAN  
Abstain:  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
2022  
DISC-016  
Discuss additional ZLR Committee meeting dates for the review of the  
2023 Budget  
Attachments: Possible ZLR meeting dates  
The Committee decided to hold Budget review meetings on October 3rd at  
5:00pm and on October 19th at 5:00pm.  
2022  
DISC-013  
Discuss reconsideration of CUP 2563, Kevin Hahn, Section 28, Town of  
Rutland, non-metallic mineral extraction operation  
Attachments: CUP reconsideration memo  
Reconsideration of CUP 2563  
No action taken by the Committee  
J. Reports to Committee  
Report of approved Certified Survey Map applications  
2022  
RPT-341  
Attachments: Sep_2022  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by BOLLIG, seconded by MCGINNITY, that the meeting be  
adjourned at 8:40 PM. The motion carried by the following vote: 4-0.  
4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF  
Ayes:  
Excused:  
Absent:  
1 - KIEFER  
1 - ROSS