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, October 25, 2022

6:30 PM

Hybrid Meeting: Attend in person at the City County

Building in Room 354; or Attend virtually via Zoom.

A. Call to Order

Chair Doolan called the meeting of the ZLR Committee to order at 6:30 pm in

Room 354 of the City-County Building.

Staff present: Andros, Everson, Holloway, Lane, Standing, Violante

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.

October 25, 2022 ZLR Registrants

2022

RPT-468

Attachments: Oct 25 ZLR registrants

C. Consideration of Minutes

2022

MIN-364

Minutes of the October 19, 2022 Zoning and Land Regulation Committee

meeting

Attachments: 10-19-22 ZLR Meeting Minutes.pdf

A motion was made by BOLLIG, seconded by RATCLIFF, that the minutes of the

October 19, 2022 meeting be approved. The motion carried by the following vote:

4-0-1.

4 - BOLLIG,DOOLAN,MCGINNITYandRATCLIFF

1 - KIEFER

Ayes:

Abstain:

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

Ordinance Amendments

11888

PETITION: REZONE 11888

APPLICANT: OREGON, TOWN OF

LOCATION: EAST OF 5900 COUNTY HWY A, SECTION 19, TOWN OF

OREGON

CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-1 Rural

Residential District

REASON: expanding cemetery

Attachments: 11888 Ord Amend.pdf

In support: Wayne Ace, Jennifer Hanson

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:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11890

PETITION: REZONE 11890

APPLICANT: SCOTT AND SARA STOLTENBERG

LOCATION: EAST OF 6924 SAM ROAD, SECTION 3, TOWN OF DANE

CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-1 Rural

Residential District

REASON: creating one residential lot

Attachments: 11890 Ord Amend.pdf

11890 Staff Report.pdf

11890 Town Action.pdf

11890 Map

11890 App

In support: Sara Stoltenberg

Opposed: None

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

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

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11891

PETITION: REZONE 11891

APPLICANT: TIMOTHY AND ELIZABETH PIERCE

LOCATION: 3480 COUNTY HIGHWAY JG, SECTION 27, TOWN OF

VERMONT

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

Preservation District, FP-35 Farmland Preservation District TO RR-2 Rural

Residential District

REASON: Shifting an existing residential spot zone to the north end of the

property

Attachments: 11891 Ord Amend

In support: Tim Pierce

Opposed: None

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: 5-0.

1. The existing home must be demolished within 6 months after the construction

of the new home is complete.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11892

PETITION: REZONE 11892

APPLICANT: SALLY STUESSY

LOCATION: FRENCHTOWN ROAD WEST OF 6227 COUNTY HIGHWAY

D, SECTION 19, TOWN OF OREGON

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

Residential District, FP-35 Farmland Preservation District TO FP-1

Farmland Preservation District, FP-35 Farmland Preservation District TO

FP-1 Farmland Preservation District

REASON: create new residential lot with 3-lot csm

Attachments: 11892 Ord Amend.pdf

In support: Ed Short, Tommy Stuessy

Opposed: None

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: 5-0.

1. Owner shall record a deed restriction on the FP-1 parcels (proposed lots 2 and

3) prohibiting residential development.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11893

PETITION: REZONE 11893

APPLICANT: MIKE LAUFENBERG

LOCATION: 3128 K&R ROAD, SECTION 5, TOWN OF SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District TO LC Limited

Commercial District

REASON: allow for contractor and building trade businesses

Attachments: 11893 Ord Amend

In support: Michael Laufenberg, Todd Seiler

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: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

A motion was made by KIEFER, seconded by BOLLIG, that the Zoning Petition be

reconsidered in order to take additional testimony on the petition. The motion

carried by the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

Ms. Johnson asked a question about fire inspections for the building.

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

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

following vote: 5-0.

1. Hours of operation shall be limited to: Monday-Friday 6 AM to 6 PM, Saturday 6

AM to noon.

2. There shall be a maximum of 3 employees per business.

3. Six parking stalls shall be provided as depicted on the site plan.

4. No signage allowed.

5. No retail sales allowed.

6. Indoor storage of materials shall be associated with contracting business only.

No personal storage or rental storage facility is allowed.

7. Lighting shall conform to the Town of Springdale’s Dark Sky Ordinance.

8. The business spaces shall not be used as a dwelling or living space.

9. The on-site septic system shall be approved by Dane County Public Health. The

system shall be maintained in compliance with applicable regulations.

10. An address shall be assigned to the building.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11894

PETITION: REZONE 11894

APPLICANT: SANDRA L JENSEN

LOCATION: EAST OF EXISTING HOME ON 3180 BURKE RD, SECTION

24, TOWN OF BURKE

CHANGE FROM: RM-16 Rural Mixed-Use District TO RR-1 Rural

Residential District

REASON: creating two residential lots

Attachments: 11894 Ord Amend.pdf

In support: Stacee Jensen

Opposed: None

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

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

following vote: 5-0.

1. The applicant shall obtain approval from the City of Madison.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11895

PETITION: REZONE 11895

APPLICANT: STEVEN DORSHORST

LOCATION: NORTH OF 4257 SMITH DR, SECTION 7, TOWN OF

DEERFIELD

CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural

Residential District

REASON: separating existing residence from farmland

Attachments: 11895 Ord Amend.pdf

11895 Staff Report

11895 Town Action

11895 Density (subject property)

11895 Density (TDR Sending Property)

11895 Map

11895 APP

In support: David Dinkel, David Riesop

Opposed: None

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: 5-0.

1. Owner shall record a deed restriction prohibiting nonfarm development on the

balance of FP-35 zoned land from the TDR sending property (tax parcels

0712-072-9500-2, 0712-071-8501-0, and 0712-071-9001-0).

2. The TDR-S (Transfer of Development Rights – Sending) overlay zoning district

shall be assigned to the sending property (tax parcels 0712-072-9500-2,

0712-071-8501-0, and 0712-071-9001-0).

3. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning district

shall be assigned to the proposed residential lot.

4. A deed notice shall be recorded on the proposed residential lot indicating that

it was created as part of a Transfer of Development Rights.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

Bollig was excused at 7:18pm.

11896

PETITION: REZONE 11896

APPLICANT: GROUNDSWELL CONSERVANCY INC (MIKE FOY)

LOCATION: 10440 LAWS DRIVE, SECTION 21, TOWN OF MAZOMANIE

CHANGE FROM: FP-1 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: combine lots for residential use

Attachments: 11896 Ord Amend.pdf

11896 Staff Report

11896 Town Action

11896 Density - Bushnell

11896 Density - Laws

11896 Map

11896 APP

In support: Mike Foy, Angela West Blank

Opposed: None

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

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

the following vote: 4-0.

1. The Certified Survey Map shall identify a buildable area that is outside of the

floodplain and the 75-foot wetland setback.

2. The CSM shall depict a "no build area" on the steep slopes as shown on the

presented map. A note shall be added to the Certified Survey Map stating that,

“Buildings are prohibited in the "no build area” as part of the condition of

approval by Dane County Zoning and Land Regulation Committee under Zoning

Petition 11896."

4 - DOOLAN,KIEFER,MCGINNITYandRATCLIFF

1 - BOLLIG

Ayes:

Excused:

Bollig returned to the meeting at 8:25pm.

11897

PETITION: REZONE 11897

APPLICANT: KARL AND CARI DAHL

LOCATION: EAST OF 3637 EARLWYN ROAD, SECTION 26, TOWN OF

COTTAGE GROVE

CHANGE FROM: FP-35 Farmland Preservation District TO RR-1 Rural

Residential District

REASON: creating one residential lot

Attachments: 11897 Ord Amend.pdf

11897 Staff Report

11897 Town Action

11897 Rezone map cul-de-sac

11897 Density

11897 Map

11897 APP

In support: Karl Dahl

Opposed: None

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

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

following vote: 5-0.

1. A 120’ diameter cul-de-sac (90’ pavement width) shall be added to the end of

Earlwyn Road.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11898

PETITION: REZONE 11898

APPLICANT: STEVEN & PAUL WOLFE

LOCATION: SOUTH OF 7613 STATE HWY 73, SECTION 9, TOWN OF

YORK

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

Residential District

REASON: creating one residential lot

Attachments: 11898 Ord Amend

11898 Staff Report

11898 Town Action

11898 Density - Bertz

11898 Wetland Delineation

11898 Map

11898 APP

11898 DOT access permit

In support: Tyler Wilkinson

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: 5-0.

1. Owner shall record a deed notice on the proposed residential lot that indicates

it was created by a transfer of development rights.

2. Owner shall record a deed restriction prohibiting nonfarm development on the

balance of FP-35 zoned land (parcels 0912-044-9500-2 and 0912-044-9000-7).

3. The TDR-R (Transfer of Development Rights – Receiving) overlay zoning district

shall be assigned to the proposed residential lot.

4. The TDR-S (Transfer of Development Rights – Sending) overlay zoning district

shall be assigned to the sending property (parcels 0912-044-9500-2 and

0912-044-9000-7).

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11899

PETITION: REZONE 11899

APPLICANT: STEVEN & PAUL WOLFE

LOCATION: 7663 STATE HIGHWAY 73, SECTION 4, TOWN OF YORK

CHANGE FROM: FP-35 Farmland Preservation District TO FP-B

Farmland Preservation Business District

REASON: separating existing residence from farmland

Attachments: 11899 Ord Amend.pdf

In support: Tyler Wilkinson

Opposed: None

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: 5-0.

1. Owner shall record a deed restriction on the FP-B parcel restricting the

allowable land uses to:

a. Agricultural uses,

b. Agricultural accessory uses, and

c. Seasonal storage of recreational equipment and motor vehicles in existing

buildings.

d. Single-family residence

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

11900

PETITION: REZONE 11900

APPLICANT: UNITED COOPERATIVE

LOCATION: 841 LONDON ROAD, SECTION 28, TOWN OF DEERFIELD

CHANGE FROM: HC Heavy Commercial District TO MI Manufacturing and

Industrial District

REASON: bring property into compliance with current zoning requirements

for an existing land use

Attachments: 11900 Ord Amend

In support: Joe Berghuis

Opposed: None

Registered neither in support nor opposed: Todd Willis

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: 5-0.

1. The property owner shall record a deed restriction on the MI zoned property

prohibiting the installation of off-premises advertising signs (billboards) and

limiting allowable land uses exclusively to the following:

a. Contractor, landscaping or building trade operations

b. Drive-in establishments

c. Fertilizer manufacturing plants

d. Fertilizer mixing or blending plants

e. Governmental, institutional, religious, or nonprofit community uses

f. Indoor entertainment and assembly

g. Indoor storage and repair

h. Indoor sales

i. Light industrial uses

j. Off-site parking lot or garage

k. Office uses

l. Outdoor sales, display or repair

m. Outdoor storage

n. Personal or professional service

o. Utility services

p. Vehicle repair or maintenance services

q. Veterinary clinics

r. Warehousing and distribution facilities

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02574

PETITION: CUP 02574

APPLICANT: SNIDER FARM LLC (ROGER SNIDER)

LOCATION: 8326 COMMUNITY ROAD, SECTION 23, TOWN OF

PRIMROSE

CUP DESCRIPTION: limited farm business - electrical contractor

Attachments: CUP 2574 Staff Report

In support: Tom Sommers

Opposed: None

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

Use Permit be approved with 20 conditions. The motion carried by the following

vote: 5-0.

1. The Limited Farm Business activity shall be limited to an electrical contractor

business.

2. All operations of the Limited Farm Business must take place entirely within the

existing accessory barn building, and adjacent driveway on the same tax parcel,

as shown on the CUP application site plan.

3. The limited farm business shall be limited to a maximum of 4 non-family

employees.

4. The conditional use permit shall automatically expire on sale of the property

or sale of the business to an unrelated third party.

5. Hours of operation shall be limited to Monday-Friday 7:00am to 6:00pm, with

exceptions during emergencies.

6. No signs shall be allowed in association with the conditional use.

7. No sanitary fixtures (sink or toilet) are permitted to be installed as part of the

limited farm business.

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

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

9. New and existing buildings proposed to house a conditional use must be

located, constructed and maintained to meet the current requirements of the

applicable sections of the Wisconsin Commercial Building Code or Uniform

Dwelling Code.

10. 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.

11. 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.

12. 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.

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

identified in the site plan and operations plan.

14. Off-street parking must be provided, consistent with s. 10.102(8).

15. 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.

16. 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.

17. The owner must post, in a prominent 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.

18. 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.

19. 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.

20. 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:

02575

PETITION: CUP 02575

APPLICANT: JACKIE R KALTENBERG

LOCATION: 1379 HIMSEL RD, SECTION 3, TOWN OF MONTROSE

CUP DESCRIPTION: single family residential in a commercial zoning

district

Attachments: CUP 2575 Staff Report

In support: Rachel Peters

Opposed: None

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

Use Permit be approved with 14 conditions. The motion carried by the following

vote: 5-0.

1. The CUP is granted to allow the use of the existing single-family home as a

residence, on Lot 1 of CSM 2106.

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.

3. New and existing buildings proposed to house a conditional use must be

located, 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 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.

14. 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:

02576

PETITION: CUP 02576

APPLICANT: BRIAN AND MONIQUE BILLINGS

LOCATION: 2396 COUNTY ROAD AB, SECTION 14, TOWN OF DUNN

CUP DESCRIPTION: transient or tourist lodging

Attachments: CUP 2576 Staff Report

CUP 2576 Town Action

CUP 2576 Public comment - Rossman

CUP 2576 Map

CUP 2576 APP

CUP #2576.pdf

In support: Brian Billings

Opposed: None

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

Use Permit be approved with 19 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 4

guests over 12 years old and no more than 4 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. The CUP will terminate when the property is sold.

Standard Conditions from s. 10.101(7)(d)2:

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

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

9. 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.

10. 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.

11. 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.

12. 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.

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

identified in the site plan and operations plan.

14. Off-street parking must be provided, consistent with s. 10.102(8).

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

02578

PETITION: CUP 02578

APPLICANT: BRETT LUNDE

LOCATION: 1576 SPRING ROAD, SECTION 3, TOWN OF DUNKIRK

CUP DESCRIPTION: 195' self-support communication tower

Attachments: CUP 2578 Staff Report

CUP 2578 Photo Simulations

CUP 2578 Supplement - Updated Notarized Sworn Statement

CUP 2578 Supplement - Updated FAA No Hazard Determination

CUP 2578 Supplement - Notice to Other Carriers

CUP 2578 Supplement - Updated Construction Drawings and Site

Plan (092922)

CUP 2578 APP

CUP 2578 Map

In support: Derek McGrew, Jake Remington

Opposed: None

Registered neither opposed nor in support: Shelly Johnson

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:

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

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 Ord Amend

In support: Lonny Hahn, Dan Paulson, Mac Stevenson

Opposed: None

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: 5-0.

1. The owner shall record a Deed Restriction against further non-farm residential

development on the remaining FP-35 zoned land owned by the applicant

(0909-282-8000-8, 0909-281-8500-4, and 0909-281-9000-7).

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

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 Ord Amend

In support: Sheryl Hankel

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:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

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 Ord Amend

In support: Mark Orvick, Dan Paulson

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:

5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

F. Plats and Certified Survey Maps

2022 LD-011

Preliminary Plat - Glacier's Trail

Town of Middleton

Acceptance and schedule for future consideration.

Attachments: acceptance

map

Glaciers Trail - Preliminary

GlaciersTrailMiddletonSection32

A motion was made by BOLLIG, seconded by MCGINNITY, that the preliminary

plat be accepted and scheduled for future consideration. The motion carried by

the following vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

2022 LD-012

Todd Wolf Certified Survey Map

Town of Rutland

Attachments: Staff Memo (Wolf CSM)

Draft CSM

Wolf CSM Deed Restriction

map

History

Wolf Parcel Status Determination 2002

Wolf CSM - 2007 Town of Rutland meeting minutes

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

Survey Map be approved with condition. The motion carried by the following

vote: 5-0.

1. Owner shall record a deed restriction with the register of deeds prohibiting

residential development on the property until such time as a development right is

transferred to the property in accordance with town of Rutland plan policies. The

restriction shall list the town of Rutland and Dane County as parties with

enforcement rights.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

G. Resolutions

H. Ordinance Amendment

2022 OA-023

AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF

ORDINANCES, INCORPORATING AMENDMENTS TO THE TOWN OF

COTTAGE GROVE COMPREHENSIVE PLAN INTO THE DANE

COUNTY COMPREHENSIVE PLAN

RATCLIFF and ENGELBERGER

Sponsors:

Attachments: 2022 OA-023 Cottage Grove Comp Plan Amendment

Map-16_Future-Land-Use_adopted-7.5.22

Town-Board-Ordinance-Adopting-Comp-Plan-Update_Revised-6.29.22

Comprehensive-Plan_Vision-and-Directions_Adopted-7.5.22_no-maps

Comprehensive-Plan_Conditions-Issues_Adopted-7.5.22_no-maps

2022 OA-023 Staff Memo

In support: Town Chair Kris Hampton

Opposed: None

A motion was made by MCGINNITY, seconded by BOLLIG, that the Ordinance

Amendment be recommended for approval. The Committee asked the Town to

add the "1/4 mile area" to the future land use map by 2024. The motion carried

by the following vote: 4-0-1.

4 - BOLLIG,DOOLAN,KIEFERandMCGINNITY

1 - RATCLIFF

Ayes:

Abstain:

2022 OA-024

AMENDING CHAPTER 82 OF THE DANE COUNTY CODE OF

ORDINANCES, INCORPORATING AMENDMENTS TO THE TOWN OF

MEDINA COMPREHENSIVE PLAN INTO THE DANE COUNTY

COMPREHENSIVE PLAN

MCGINNITY, WEIGAND and ENGELBERGER

Sponsors:

Attachments: 2022 OA-024 Medina Comp Plan Amendment

Medina Comprehensive Plan 8_2022.pdf

05-11-2022 town Mtg Min APPROVED

Town Resolution

2022 OA-024 Staff Memo

In support: None

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, that the Ordinance

Amendment be recommended for approval. The motion carried by the following

vote: 5-0.

5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF

Ayes:

I. Items Requiring Committee Action

2022

DISC-022

Review the 2023 Zoning and Land Regulation Committee meeting

schedule

Attachments: 2023 ZLR Meeting schedule - Working.pdf

The Committee set the 2023 schedule. They decided to remove the February

14th, April 11th, and December 12th meeting dates and shift the December 26th

meeting date to December 19th.

J. Reports to Committee

FARMLAND PRESERVATION PLAN UPDATE

2022

RPT-094

Attachments: ZLR_2022_10_25_FPP_update.pdf

ZLR_2022_06_14_update.pdf

Senior Planner Brian Standing updated the Committee with the progress made

on the Farmland Preservation Plan.

Kiefer was excused at 9:12pm.

K. Other Business Authorized by Law

L. Adjourn

A motion was made by BOLLIG, seconded by MCGINNITY, to adjourn the October

25, 2022 Zoning and Land Regulation Committee meeting at 9:15pm. The motion

carried unanimously.