Village of Mount Horeb

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1 Village of Mount Horeb 138 E Main St Mount Horeb, WI Phone (608) /Fax (608) Website: PLAN COMMISSION/HISTORIC PRESERVATION COMMISSION WEDNESDAY, APRIL 24, 2019 The Plan Commission/Historic Preservation Commission of the Village of Mount Horeb will meet on the above date at 7:00pm in the Board Room of the Municipal Building, 138 E Main Street, Mount Horeb, WI. Agenda as follows: 1) Call to order Roll call 2) Consider March 27, 2019 Plan Commission meeting minutes 3) PUBLIC HEARING: On Conditional Use Permit application for Outdoor Commercial Entertainment to allow outdoor live music and cooking/grilling at Brix Cider, 119 S Second Street 4) Consider recommendation for Resolution , "CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL ENTERTAINMENT 119 S SECOND STREET" 5) Consider revision to previously approved Design Review application for 119 S Second Street to allow additional deck 6) PUBLIC HEARING: On Conditional Use Permit application to allow proposed four guestroom bed and breakfast establishment at 120 N Grove Street 7) Consider recommendation for Resolution , "CONDITIONAL USE PERMIT TO ALLOW FOUR GUESTROOM BED AND BREAKFAST MARTIN'S ADDITION BLOCK 1 LOTS 8 AND 9, 120 N GROVE STREET" 8) Discuss and consider corner lot issues as it pertains to accessory buildings, decks, and fences 9) Consider recommendation for extraterritorial jurisdiction Certified Survey Map, Section 17 Town of Springdale for Bilse/Elver Living Trust 10) Plan Commission Chair report 11) Village Planner report 12) Adjourn A QUORUM OF THE VILLAGE BOARD/VILLAGE COMMITTEE MEMBERS MAY BE PRESENT AT THIS MEETING. ONLY NOTICED AGENDA ITEMS WILL BE ACTED ON BY THE GOVERNMENTAL BODY SPECIFIED ABOVE. PLEASE NOTE THAT UPON REASONABLE NOTICE EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS OR SERVICES. TO REQUEST THIS SERVICE CONTACT ALYSSA GROSS, CLERK, AT (608) EXT 104.

2 PLAN COMMISSION/HISTORIC PRESERVATION COMMISSION WEDNESDAY, MARCH 27, 2019 The Plan Commission/Historic Preservation Commission met on the above date in the Board Room of the Municipal Building, 138 E. Main Street, Mount Horeb, WI. Chair Randy Littel called the meeting to order at 7:00pm. Present were Commissioners Norb Scribner, Destinee Udelhoven, Wally Orzechowski, Peggy Zalucha, and Dave Hoffman. Brenda Monroe was absent. Also present were Village Administrator Nic Owen, Assistant Village Administrator Kathy Hagen, Village Planner Mike Slavney, and Deputy Clerk Chrissy Kahl. Consider February 27, 2019 Plan Commission meeting minutes: Scribner moved, Zalucha seconded to approve the February 27, 2019 minutes. Motion carried by unanimous voice vote. Discussion with Olivia Parry, Senior Planner for Dane County Planning and Development, regarding affordable housing: Olivia Parry from Dane County gave a presentation on how Dane County s Planning and Development department could help guide the Village through a Housing Strategy Committee. All Plan Commission members would like to move forward to find ways to create affordable housing within the Village. The Finance and Personnel Board will discuss at their meeting. Plan Commission Chair Report: No report given. Village Planner report: No report given. Adjourn: Zalucha moved, Hoffman seconded to adjourn the meeting at 8:06pm. Motion carried by unanimous voice vote. Minutes by Chrissy Kahl, Village Deputy Clerk 1

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6 RESOLUTION CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL ENTERTAINMENT 119 S SECOND STREET WHEREAS, Schlecht Retail Ventures LLC is the property owner of parcel located at 119 S Second Street in the Village of Mount Horeb; and WHEREAS, said premises is currently zoned CB Central Business in which the desired use of Outdoor Commercial Entertainment is not a permitted use, but is an allowable conditional use pursuant to Mount Horeb Municipal Code Central Business District (2)(b) and 17.20(4)(i) Commercial Land Uses; and WHEREAS, an application for a Conditional Use Permit to allow the above listed desired use has been filed with the Village of Mount Horeb by Brix Cider LLC, tenant; and WHEREAS, the matter was the subject of a public hearing before the Plan Commission/Historic Preservation Commission on April 24, 2019, after due notice thereof as required by law; and WHEREAS, the proposed use is consistent with the Comprehensive Plan; and WHEREAS, after due consideration and being fully advised in the premises, the Board of Trustees of the Village of Mount Horeb deems it to be in the interest of the general public to allow the desired use of the said property, as hereinafter set forth, as a conditional use. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Mount Horeb, Dane County, Wisconsin, that a Conditional Use Permit for Outdoor Commercial Entertainment, per Mount Horeb Municipal Code Central Business District (2)(b) and 17.20(4)(i) Commercial Land Uses located 119 S Second Street in the Village of Mount Horeb, Dane County, Wisconsin, is hereby granted with the following conditions: 1) Outdoor live music, up to two times/week, restricted to weekdays 5:00pm to 9:00pm and weekends 11:00am to 9:00pm. Music would be amplified to the extent that it could be heard from the adjacent public green space along the bike path (north side of building), but would not be amplified to offend neighboring businesses or households on the remaining sides.

7 2) Outdoor cooking/grilling/bbq service restricted to weekdays 4:00pm to 9:00pm or weekends 11:00am to 9:00pm. Food prep to begin up to two hours before service and clean up would take place up to one hour after service. 3) All food waste to be properly disposed of/bagged to prevent spillage and odors, and to avoid attraction of insects. Introduced and passed this 1 st day of May, ATTEST: Randy J Littel, Village President Alyssa Gross, Village Clerk

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13 Brix Cider is applying for a conditional use permit to include outdoor entertainment on the patio and landscaped area on the North side of the building at 119 S 2,d st. Th e space is depicted in the attached drawing. This conditional use permit would also include construction of a small 10' x 20' deck on the North side of the building, adjacent to the existing patio as depicted in the drawing. Note that the previously approved plan for this space included more seating than what would be in the space even with the addition of the deck.

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18 Zoning Code 17.20(4)(l) Bed and Breakfast Establishment. Description: Bed and breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities and passive outdoor recreation facilities such as docks and gardens, for the exclusive use of their customers. Regulations: 1. All such facilities shall be required to obtain a permit to serve liquor, if applicable. They shall be inspected annually at a fee as established by a separate fee ordinance, to verify that the land use continues to meet all applicable regulations. 2. One sign, with a maximum area of 20 square feet, shall be permitted on the property. 3. Facility may be required to provide a bufferyard consisting of appropriate landscaping, structures, such as fencing or berms, and spacing as identified by the Plan Commission. 4. No premises shall be utilized for a bed and breakfast operation unless there are at least 2 exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for 2 occupants with an additional 30 square feet for each additional occupant to a maximum of 4 occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate operational smoke detector alarm, as required in the Building Code. One lavatory and bathing facility shall be required for every 10 occupants, in addition to the owner/occupants personal facilities. 5. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed and breakfast operation is active.

19 6. Only the meal of breakfast shall be served to overnight guests. 7. Each operator shall keep a list of names of all persons staying at the bed and breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by Village officials at any time. 8. The maximum stay for any occupants of a bed and breakfast operation shall be 31 days. 9. It shall be unlawful for any persons to operate a bed and breakfast operation as defined and as permitted in the Municipal Code of the Village of Mount Horeb without first having obtained a conditional use permit. 10. Application Requirements. Applicants for a license to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the Village Zoning Ordinance as amended, other applicable Village codes and ordinances, and within the terms of this chapter. 11. Consideration of Issuance. After application duly filed with the Clerk for a license under this division, Plan Commission review and recommendation for a conditional use permit, the Village Board shall hold a public hearing and determine whether any further license shall be issued based upon the pubic convenience and necessity of the people in the Village. In the Board's determination of the number of bed and breakfast operations required to provide for such public convenience and necessity, the Board shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service. 12. Public Nuisance Violations. Bed and breakfast operations shall not be permitted whenever the operation endangers, or offends, or interferes with the safety or rights of others so as to constitute a nuisance.

20 13. Suspension, Revocation and Renewal. Any license issued under the provisions of this chapter may be revoked by the Village Board for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue. 14. Parking Requirements. One space per each bedroom.

21 RESOLUTION CONDITIONAL USE PERMIT TO ALLOW FOUR GUESTROOM BED AND BREAKFAST MARTIN'S ADDITION BLOCK 1 LOTS 8 AND 9, 120 N GROVE STREET WHEREAS, Karla J Ott and Jermey Kessenich are the property owners of Martin's Addition Block 1 Lots 8 and 9, located at 120 N Grove Street in the Village of Mount Horeb, further described as parcel 157/ ; and WHEREAS, said property is currently zoned R-2 Residential District in which the desired use for a proposed four guestroom bed and breakfast establishment is not a permitted use but rather an allowable conditional use per 17.38(2)(f) and 17.20(4)(l); and WHEREAS, an application for a Conditional Use Permit to allow the aforesaid desired use has been filed with the Village of Mount Horeb by Robert and Jill Schuettpelz; and WHEREAS, the matter was the subject of a public hearing before the Plan Commission/Historic Preservation Commission on April 24, 2019, after due notice thereof as required by law; and WHEREAS, after due consideration and being fully advised in the premises, the Board of Trustees of the Village of Mount Horeb deems it to be in the best interest of the general public to allow the desired use of said property, as hereinafter set forth, as a conditional use; and WHEREAS, the proposed use is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Mount Horeb, Dane County, Wisconsin, that a Conditional Use Permit for a proposed four guestroom bed and breakfast establishment per 17.38(2)(f) and 17.20(4)(l), for the above referenced property in the Village of Mount Horeb, Dane County, Wisconsin is hereby granted. Introduced and passed this 1 st day of May, ATTEST: Randy J Littel, Village President Alyssa Gross, Village Clerk

22 8 FT Side yards 8 minimum / 20 combined 30 FT House 40 FT Standard Lot Standard Setbacks 12 FT Street 12 FT Side Yards - 8 minimum / 20 combined Front Yard 30 FT 30 FT House Corner Lot Front Yard Standard Setbacks 8 FT Front Yard 30 FT Street Standard Lot is defined as having a front & rear yard with two side yards Corner Lot is defined as having two front yards and two side yards Setback. The minimum distance from a particular lot line that a building or other structure may be constructed, erected or maintained. Setback requirements shall be as hereinafter set forth for specific zoning districts, except that in the case of corner lots both street yards shall meet the minimum front yard requirements and the remaining 2 yards shall meet the minimum side yard requirements of that particular zoning district.

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26 Section : Accessory Land Uses and Structures (1) Minor Accessory Structures and Obstructions: Structures are those features that are generally less than 16 feet in high and less than 120 sf in area and which, in the opinion of the Zoning Administrator, are similar in size, character and function to those listed. Obstructions are those features that are integral to or otherwise permanently attached to the principal structure. Other integral or attached features, which in the opinion on the Zoning Administrator are not similar to those listed in this table, shall comply with the principal building setbacks. Regulations: (a) (b) All items must stay out of the vision triangle. The Zoning Administrator, Building Official, and Fire Marshall may alter any of these standards and/or impose additional requirements as necessary to achieve compliance with other codes and/or to protect the health and safety of persons on the subject property or adjoining properties. Minor Accessory Structures Permitted in Required Yard Setbacks Minor Accessory Structures and Obstructions Front Setbacks Side Setbacks Rear Setbacks Limitations Structures Arbor/Trellis Arbor/Trellis Basketball Goal/Hoop Not more than 16 feet in height covering less than 10% of front setback. Not more than 16 feet in height covering less than 50% of required setback. Clothes Line Not more than 6 feet in height. Flag Pole Not more than 20 feet in height. Fountain Not more than 5 feet in height, no closer than 3 feet to any property line and no more than 20 square feet. Little Library Not more than 5 feet in height, no larger than 4 square feet. Little Food Pantry Not more than 5 feet in height, no larger than 4 square feet. Picnic Table Bench Not more than 16 feet in height and no Gazebo/Picnic Shelters larger than 120 square feet. Not more than 1 foot above grade and Patio in compliance with minimum landscape area ratio. Freestanding Deck In compliance with minimum landscape area ratio. Seasonal Decorations Not displayed longer than 90 days. Not more than 16 feet in height and no Shed/Storage Building larger than 120 square feet.

27 Minor Accessory Structures Permitted in Required Yard Setbacks Minor Accessory Structures and Obstructions Front Setbacks Side Setbacks Rear Setbacks Limitations Not more than 5 feet in height with a Statue/Art Objects footprint no larger than 20 square feet. Edge of water/playing structure to be Swimming Pools/Recreational 3 feet from all property lines; all Courts permanent equipment to be not more than 16 feet in height. Treehouse Swing set/play Equipment/Play Not more than 16 feet in height and House covering no more than 120 square feet. Paved Play Court (basketball, tennis, pickle ball, etc.) Must comply with all accessory setbacks. Walkways/Steps Not more than 1 foot above grade. Refuse Enclosure All dumpsters to be screened on three sides with a solid fence or wall 6 feet in height. Outdoor Kitchen Pond or Garden Bed Birdbath, Birdhouse, or Birdfeeder (2) Detached Residential Accessory Building: Detached buildings accessory to a residential use including but not limited to buildings used to shelter parked passenger vehicles (including garages) and workshops, greenhouses, boathouses, and pool houses. Regulations: (a) One total detached accessory building shall be permitted by right. Attached garages shall not count toward this total. (b) A combined total of 1,400 square feet of gross floor area of all detached accessory building on the property is permitted by right. For lots larger than one acre, the maximum permitted combined total of gross floor area of all detached accessory building on the property shall be increased by one square foot for every 100 square feet of lot area over one acre. In no instance shall the detached accessory building area exceed the ground floor area of the principal building used for residence. An individual detached accessory building shall not exceed 800 square feet of gross floor area. (c) (d) (e) If the detached accessory building exceeds 120 square feet, it shall match the design of the principal building with regard to color, siding materials, rood materials, and roof pitch. See Article II for detached accessory building maximum building heights. Detached accessory buildings are permitted in the rear yard and side yards only. (Detached garages are not permitted in waterfront yards.)

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36 Village of Mount Horeb Building Inspection Dept. Building Inspector s Report March 2019 Month to Date building permits have been issued for general construction since January 1 st 2. 1 new UDC permit was issued for a single family home Year to Date General permits since Jan. 1 st 2. 4 New UDC single family homes since Jan. 1 st 3. 1 New Duplex Large Commercial projects currently active 1. Place to Grow Daycare 2. High School Addition Respectfully submitted Dave Geraths Building Inspector

Village of Mount Horeb

Village of Mount Horeb Village of Mount Horeb 138 E Main St Mount Horeb, WI 53572 Phone (608) 437-6884/Fax (608) 437-3190 Email: mhinfo@mounthorebwi.info Website: www.mounthorebwi.info PLAN COMMISSION/HISTORIC PRESERVATION COMMISSION

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