ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JANUARY 27, 2009 PUBLIC HEARING

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1 ZLR Committee Public Hearing Agenda Page 1 of 7 ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JANUARY 27, 2009 PUBLIC HEARING MEMBERS PRESENT: Hendrick, Jensen, Miles, and Matano. Solberg excused. OTHERS PRESENT: Lane, Violante, and Members of the Public. I. CALL TO ORDER Chair Miles called the meeting to order at 7:32 p.m. in Room 201 of the City-County Building. II. PUBLIC COMMENT III. PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND RESOLUTIONS AND ORDINANCE AMENDMENTS 1. PETITION # 9995 AND CONDITIONAL USE PERMIT # 2094 by GEORGE SUNDSTROM to change the zoning from A-1EX Exclusive Agricultural to CO-1 Conservancy to allow ZONING CHANGE FOR COMMUNICATIONS TOWER CUP and also CELL TOWER on property located at 300 COUNTY HIGHWAY H in Section 29, Town of Perry. IN FAVOR: Mordekia Fayes representing Verizon Wireless requested that the petition be withdrawn. OPPOSED: Motion by Matano / Jensen to table the petition; motion carried, 4-0. Motion by Hendrick / Matano to remove the petition from being tabled; motion carried, 4-0. Motion by Hendrick / Matano to postpone; motion carried, PETITION # 9997 by DAVID ATKINSON to change the zoning from R-3A Residential and A-2(1) Agricultural to A-2(2) Agricultural to allow COMPLIANCE WITH ZONING SETBACKS on property located at 1160 WASHINGTON RD in Section 07, Town of Albion. Motion by Jensen / Matano to recommend approval; motion carried, 4-0.

2 ZLR Committee Public Hearing Agenda Page 2 of 7 3. PETITION # 9998 by JEROME ESSER to change the zoning from A-1EX Exclusive Agriculture to RH-2 Rural Homes and RH-3 Rural Homes to allow A FOUR (4) LOT CSM FOR RESIDENTIAL DEVELOPMENT on property located at 9162 MOEN RD in Section 19, Town of Cross Plains. TOWN: Approved with amendment to districts. Motion by Hendrick / Matano to recommend approval amending the zoning districts to A-2(4) and A-2(8), respectively; motion carried as amended, PETITION # 9999 by EVA WOLF to change the zoning from A-1EX Exclusive Agricultural to RE-1 Recreational and RH-1 Rural Homes to allow CREATION OF A RECREATIONAL LOT, LOT FOR EXISTING HOME, AND LOT FOR FUTURE USE on property located at EAST HUDSON ROAD in Section 16, Town of Mazomanie. TOWN: Approved with amendments to district boundaries and district. Motion by Jensen / Hendrick to recommend approval amending the district boundaries to a 2-lot certified survey description and amending the RE-1 Zoning District to CO-1 Conservancy; motion carried as amended, PETITION # by ROBERT GRIGGAS to change the zoning from A-1EX Exclusive Agricultural to A- 2(4) Agricultural to allow ZONING COMPLIANCE FOR PARCELS AND FUTURE STRUCTURES on property located at 158 COUNTY HIGHWAY BB in Section 12, Town of Deerfield. OPPOSED: Motion by Hendrick / Matano to recommend approval; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2095 by RICHARD DIEHL to change the zoning from A-1EX Exclusive Agricultural to A-2 Agricultural to allow ZONING COMPLIANCE FOR STRUCTURES AND USE and also CONSOLIDATE PREVIOUS LANDS WITH ADDITIONAL PROPERTY AND BRING ALL INTO COMPLIANCE WITH A SALVAGE RECYCLING CENTER on property located at 5466 NORWAY GROVE SCHOOL ROAD in Section 22, Town of Vienna. Motion by Hendrick / Matano to recommend approval of Zoning Petition #10001; motion carried, 4-0. Motion by Hendrick / Jensen to approve Conditional Use Permit #2095 with the following conditions and continent upon Zoning Petition #10001 becoming effective; motion carried, 4-0.

3 ZLR Committee Public Hearing Agenda Page 3 of 7 1. The business operation shall be limited to auto salvage and material recycling collection. 2. All business operation on the property shall conform to the revised site plan dated November 17, Hours of Operation shall be from 7:30am to 4:30pm, Monday through Friday, and 8:00am to 12:00noon on Saturday. 4. Appropriate permits shall be obtained and maintained from the DNR for Stormwater Discharge and refrigerant recovery. 5. The Conditional Use Permit shall expire upon the sale of the property to an unrelated third party. 7. PETITION # by ROBERT GRIGGAS to change the zoning from C-1 Commercial to R-1A Residential to allow REZONING FOR RESIDENTIAL USE AND FUTURE ZONING COMPLIANCE on property located at 4017 STATE HIGHWAY 76 in Section 16, Town of Deerfield. Motion by Hendrick / Matano to recommend approval; motion carried, PETITION # by BERDINE ALME to change the zoning from A-1EX Exclusive Agricultural to A-2(2) Agricultural to allow CREATION OF ONE RESIDENTIAL LOT on property located at 919 TOWER RD in Section 14, Town of Dunkirk. TOWN: Approved with condition. Motion by Jensen / Hendrick to recommend approval with condition; motion carried with condition, Deed restrict the remaining land that is zoned A-1 Exclusive prohibiting further residential development. 9. PETITION # by SEAN O'BRIEN to change the zoning from A-1EX Exclusive Agricultural and RH-3 Rural Homes to CO-1 Conservancy and RH-1 Rural Homes to allow SEPARATION OF EXISTING RESIDENCE on property located at 3915 VILAS ROAD in Section 20, Town of Cottage Grove. TOWN: Approved with condition. Motion by Hendrick / Matano to recommend approval with condition; motion carried, Deed restrict the C0-1 Zoning District area prohibiting residential development.

4 ZLR Committee Public Hearing Agenda Page 4 of PETITION # AND CONDITIONAL USE PERMIT # 2096 by RUTLAND, TOWN OF to change the zoning from A-1EX Exclusive Agricultural to CO-1 Conservancy to allow ZONING TO ALLOW CELL TOWER USE and also A TELECOMMUNICATIONS TOWER IN THE on property located at 4232 COUNTY HIGHWAY A in Section 17, Town of Rutland. IN FAVOR: Town Chair Dale Beske, Verizon Wireless representative Tom Reese TOWN: Received late. The Committee requested more information on Verizon s propagation maps to explain how the minimum number of towers was determined. The Committee requested that Evans Associates, consultant for Dane County, be present at the next meeting. Motion by Hendrick / Jensen to postpone action until the work meeting; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2097 by GLEN SCHULT to change the zoning from A-1 Agricultural to CO-1 Conservancy to allow ZONING FOR CELL TOWER USE and also A TELECOMMUNICATIONS TOWER on property located at SW CORNER OF LEWIS AND MALONE ROAD in Section 30, Town of Springdale. IN FAVOR: Verizon Wireless representative Tom Reese Motion by Hendrick / Matano to postpone action until the work meeting; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2098 by LINDA JONES to change the zoning from A-1EX Exclusive Agricultural to CO-1 Conservancy to allow ZONING TO FOR CELL TOWER USE and also A TELECOMMUNICATIONS TOWER on property located at 1762 HIGHWAY 78 in Section 34, Town of Blue Mounds. IN FAVOR: Verizon Wireless representative Tom Reese Motion by Hendrick / Matano to postpone action until the work meeting; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2099 by HOWARD LIEN & SONS INC to change the zoning from A-1EX Exclusive Agricultural to CO-1 Conservancy to allow ZONING FOR CELL TOWER USE and also A TELECOMMUNICATIONS TOWER on property located at NW CORNER OF HIGHLAND AND KOSHKONONG ROADS in Section 14, Town of Christiana. IN FAVOR: Verizon Wireless representative Tom Reese, Stanley Lien expressed the importance the tower has on improving emergency services for the area. TOWN: Approved. Motion by Hendrick / Matano to postpone action until the work meeting; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2100 by BEUTLER REV TR, ANTON J & BERNADETTE A to change the zoning from A-1EX Exclusive Agricultural to CO-1 Conservancy to allow ZONING FOR CELL TOWER USE and also A TELECOMMUNICATIONS TOWER on property located at NE CORNER OF HWYS 92 AND OLD 69 in Section 31, Town of Montrose.

5 ZLR Committee Public Hearing Agenda Page 5 of 7 OPPOSED: Jerry Demski stated that the tower is being positioned on tillable land, the tower will be highly visible, and that the tower would be better positioned on his land or the State Highway remnant parcel. Motion by Hendrick / Jensen to postpone until the work meeting; motion carried, PETITION # AND CONDITIONAL USE PERMIT # 2101 by MDW INVESTMENTS LLC to change the zoning from A-1EX Exclusive Agricultural to A-2(1) Agricultural to allow ZONING FOR CELL TOWER USE and also CUP FOR A TELECOMMUNICATIONS TOWER on property located at 4268 STATE HIGHWAY 78 in Section 13, Town of Vermont. TOWN: Approved with conditions Motion by Hendrick / Matano to postpone until the work meeting; motion carried, ORDINANCE AMENDMENT 37, Technical amendment to Chapter 17 of the Dane County Code of Ordinances, Floodplain Map Update Correction. IN FAVOR: None Motion by Matano / Hendrick to recommend approval; motion carried, 4-0. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # 9943 AND CONDITIONAL USE PERMIT # 2082 by MARK SAHF to change the zoning from RH-1 Rural Homes to A-2(8) Agricultural to allow ZONING COMPLIANCE FOR AN EXISTING HORSE BOARDING AND RIDING STABLES on property located at 2796 WHITE CROSSING ROAD in Section 07, Town of Verona. The Committee discussed possible conditions to be set on the Zoning Petition and the Conditional Use Permit to address the Town of Verona s concerns. Consideration was made to place deed restrictions on the property limiting the land uses to ones permitted by right and horse stabling operations. It was also suggested to place additional conditions on the Conditional Use Permit concerning limiting the amount of horses allowed to be pastured at one time and having the CUP expire at the sale of the property. The Committee decided to conduct a site visit on the property. The site visit will be conducted on Saturday, January 31, 2009 at 9:00 am. Motion by Jensen / Hendrick to postpone; motion carried, CONDITIONAL USE PERMIT # 2086 by DAVID ZOROMSKI to change the zoning from A-1EX Exclusive Agricultural to A-2(1) Agricultural to allow a COMMUNICATION TOWER (WIRELESS CELL) on property located WEST OF 9444 WEST MINERAL POINT ROAD in Section 30, Town of Cross Plains. TOWN: Approved no conditions. Motion by Hendrick / Matano to postpone; motion carried, 4-0.

6 ZLR Committee Public Hearing Agenda Page 6 of 7 3. CONDITIONAL USE PERMIT # 2093 by JOHN STILLMAN to allow REVISION OF CONDITIONS FOR AN EXISTING LIMITED FAMILY BUSINESS - AUTO SALVAGE AND MATERIAL RECYCLING on property located at 4122 COUNTY HIGHWAY AB in Section 13, Town of Blooming Grove TOWN: Approved no conditions. Motion by Hendrick / Jensen to approve with conditions; motion carried, The business operation shall be limited to auto salvage and material recycling collection. 2. All business operation on the property shall conform to the revised site plan dated November 17, All auto dismantling and storage of the salvaged auto parts shall be confined to the interior of the building. 4. No more than 25 unlicensed motor vehicles shall be stored outside on the premises at any one time. 5. Delivering, sorting, and weighing of recycle materials is permitted to be conducted outdoors. All materials shall be place in appropriate storage containers, located outside, within 3 days of receiving. 6. A 6-foot tall fence shall be constructed along the south end of the weighing station to provide screening to the outside sorting operation. See attached site plan. The fencing shall be installed no later than July 1, Hours of Operation shall be from 7:00am to 7:00pm, Monday through Sunday. 8. All employees, except one of one full-time equivalent, shall be a member of the family residing on the premise. 9. Appropriate permits shall be obtained and maintained from the DNR for Stormwater Discharge and refrigerant recovery. 10. The Conditional Use Permit shall expire 10 years after the effective date of permit or upon the sale of the property. V. PLATS 1. PRELIMINARY PLATS: 2. FINAL PLATS: 3. CERTIFIED SURVEY MAPS: VI. RESOLUTIONS

7 ZLR Committee Public Hearing Agenda Page 7 of 7 VII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 33, , Amending Ch. 10 of the Dane County Code of Ordinances, Clarifying Definition of Building Height. Motion by Hendrick / Matano to recommend approval; motion carried, Ordinance Amendment 37, Technical amendment to Chapter 17 of the Dane County Code of Ordinances, Floodplain Map Update Correction. See Item 16 above for motion. VIII. OTHER BUSINESS The committee set the site visit meeting for the Sahf petition for Saturday, January 31, 2009, at 9:00 am. IX. ADJOURN Motion by Jensen / Hendrick to adjourn the meeting at 9:16 pm; motion carried, 4-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk on January 28, 2009 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

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