LETTER OF APPLICATION

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4 Description of Proposed Land Division: LETTER OF APPLICATION The proposed land division would split a 1.94 acres rectangular lot into two lots. The general configuration would have one lot in front of the other with a strip of land connecting the rear lot to the Airport Road. Lot Use Statement: Both lots created would be for single family residential use. Proposed Zoning Changes: There are no proposed zoning changes. The land is currently zoned A-1. Concept Plan for Adjacent Land with Same Owner: There is no other adjoining land owned by the applicant. Record of Recent Land Divisions: South of Airport Road there was a subdivision plat recorded in There was a C.S.M. recorded in 2001 that adjoins the subject property to the north and east and is currently City and Town of Middleton park land. The subject property and the parcel to the west were created by a C.S.M. recorded in Street Plans and Profiles: 104A WEST MAIN STREET, WAUNAKEE, WI NOA T. PRIEVE and CHRIS W. ADAMS PHONE: WEB: WILLIAMSONSURVEYING.COM No changes to public streets or right of ways are proposed.

5 104A WEST MAIN STREET, WAUNAKEE, WI NOA T. PRIEVE and CHRIS W. ADAMS PHONE: WEB: WILLIAMSONSURVEYING.COM July 25, 2014 Request for Variance. Tom Goff would like to request a variance from the Town in order to create a 2 lot certified survey map from one existing parcel totaling 1.94 acres. The variances requested are 1) Lot size as neither of these lots meet the 60,00 square foot minimum in a transition area, 2) Lot 2 does not meet the 40,000 square foot minimum for a variance and 3) Tom does not own the required 40 acres needed to create a lot under 5 acres. Tom plans to develop the site and would like to maximize the usable space in a mostly developed area. He wishes to create 2 parcels which would be residential home sites. The proposed Lot 1 and 2 will be 1.17 acres and 0.77 acres. Per the Town s conditions set forth in Section these lots would meet all criteria for a variance and would be considered infill in an area that is almost fully subdivided. Tom Goff met with the Town s Plan Commission in May where the Commission agreed with the concept of dividing this lot into two. We believe this request fits well with the rest of the Town as even the smaller of these two lots is substantially larger than the minimum lot size required in a clustered subdivision plat and is adjacent to open space on two sides. While the area could have been divided more evenly between the two lots to provide the required 40,000 square feet to each lot, we believe the proposed layout works and looks better than what would have resulted had we strictly followed the requirements. - Public Safety:. We are proposing that these two lots be served by one joint driveway with vehicular access being limited to Lot 1. This would thereby not add any additional access points other than the one anticipated for the existing lot. In addition, the access point has been placed towards the West to separate from the driveway to the parking lot. The two new residential homes should not increase the flow of traffic in this area by much. The minimal amount of additional traffic therefore will not create any new traffic hazards. Public infrastructure: This parcel and the proposed parcel configuration would fit the current and proposed plans for this area. Adequacy of access to parcel: As previously stated, a joint driveway will provide access to all parcels. Adequacy of access to adjoining parcels: No access is necessary to adjoining parcels through this parcel. Potential future development of adjacent parcels: All lands adjacent to this property are already developed as residential lots or public park land, all through certified survey maps. Building setbacks: This proposed certified survey map will meet all Town, City and County building requirements. After meeting the building setbacks for these parcels, the remaining building envelopes are large enough for a variety of sizes and layout of homes.. Land use: The proposed two-lot certified survey map will continue with the current residential use and conforms to all approved plans. Aesthetics: The proposed certified survey map lots will be spaced similarly to the adjoining parcels.

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9 999 Fourier Drive, Suite 201 Madison, Wisconsin (608) phone (608) FAX July 25, 2014 Chairperson and Members of the Town Plan Commission Town of Middleton 7555 W. Old Sauk Road Verona, WI Re: Goff Certified Survey Map (CSM) Airport Road Town of Middleton Dear Ms. Schmidt and Plan Commission Members: The above-referenced CSM and other supporting documents were received in our office on July 21, 2014 and July 25, The CSM proposes creating two lots from one existing 84,600 square foot lot. The existing lot was created in 1981 as part of a 3 lot CSM. We have the following comments on the CSM: 1. Town Ordinances do not allow for the creation of lots by CSM below 5 acres unless the Applicant owns 40 acres adjacent to the proposed lots, in which case they can create two lots below 5 acres. Thus a variance for the proposed lots is required from this section of the ordinance. Ordinance Section (a)(3)D. outlines the requirements for granting a variance from this requirement. In addition, the proposed lots are Traditional Lots (no open space) which are required to have 65,000 square feet minimum. The proposed lots are 33,497 square feet and 51,103 square feet and thus require a second variance from this section of the ordinances. Ordinance Section (a)(3)B. outlines the requirements for granting a variance from minimum lot sizes in Traditional Subdivisions. The proposed lot sizes do not meet the conditions of items 3 and 7 of this section. And since the proposed Lot 1 is less than 85% of the lot area for the adjacent lot to the west, the lot to the west needs to agree to the proposed lot size. Requirement 3 of this section requires a maximum density for the land division to be one lot per 75,000 square feet (1 lot per 42,300 square feet is proposed). Item 7 requires that no lot is less than 40,000 square feet (proposed lot 1 has an area of 31,497 square feet). As required the Applicant has provided detail for their variance request. The Town has a Transition Zone adjacent to the City of Madison south of Old Sauk Road. Although no formal Transition Zone exists near the City of Middleton, a transition from large residential lots in the Town to a park in the City, with higher density, smaller lots as proposed, warrants consideration. The Town should determine if the variance proposed provides a reasonable approach for development of a lot that has remained vacant for a considerable time period. 2. The proposed CSM is in compliance with the Town Comprehensive Plan s future land use map, which designates the CSM area as future residential. vision to reality R e e d s b u r g ( ) M a d i s o n ( ) P r a i r i e d u C h i e n ( )

10 July 25, 2014 Page 2 3. The Town is aware of concerns for drainage onto and from the proposed CSM. The Applicant shall provide a topographic map that would demonstrate that drainage from homes built on the two proposed lots will be adequate for the new homes and that the drainage from the two homes will not adversely affect the neighboring lots. If the topographic survey does not demonstrate this by itself, proposed building and site grades may be necessary to make certain approval of these lots as building sites will not negatively affect neighboring properties with new drainage issues. 4. Given the reported poor drainage, minimum low openings for any structure built on the lots should be provided. Typically, the minimum elevation is 2 higher than the elevation of the runoff from a 100-year rainfall event. 5. The Town typically limits driveway access to Airport Road which is classified as a minor Arterial. A joint driveway should be considered for the two lots. If required by the Town, the joint driveway access location must be shown on the CSM. In addition, a joint driveway agreement outlining the rights and responsibilities of the lot owners shall be recorded. 6. A vision corner shall be placed on the CSM at any new driveway locations. Direct vehicular access to Airport Road from any other portion of the proposed lots shall be shown as restricted on the CSM. 7. Landscape easements and buffers are required on Major Land Divisions. A CSM is not a Major Subdivision per Town Ordinances, and thus the requirements do not apply. The Town may still want to request some sort of landscape buffer from the applicant. 8. The CSM lies with very close proximity of the Middleton Airport. As such, the following note shall be placed on the CSM: These lots lie within 1 mile of the Middleton Airport In addition it is recommended that the Applicant confirm Airport height restrictions will not impact structures placed on the proposed lots. 9. The existing street improvements on Airport Road shall be indicated on the CSM as required by Ordinance. This information will help determine if any additional right of way needs to be dedicated. 10. The existing utilities in the Airport Road right of way and the existing park driveway and parking lot shall be shown on the CSM. 11. The proposed front yard building setback for the proposed Lot 1 flag lot shall be shown on the CSM. 12. Section monuments are to be labeled with measured Wisconsin County Coordinates, and the map shall reference this system. 13. Underlying Lot 3 of CSM 3617 shall be labeled as the CSM. 14. Current zoning shall be noted on face of CSM. 15. The total right-of-way width of Airport Road should be noted on the CSM. 16. It is recommended that the note on sheet 3 regarding the building site information contained in the Dane County Soil Survey be placed on sheet 1 of the CSM. 17. The dimension from the Southwest corner of proposed Lot 1 to the section line should be noted on the CSM. 18. The final CSM shall be fully compliant with Chapter , Wis. Stats., Dane County Subdivision Ordinances, and Town of Middleton Subdivision Ordinances.

11 July 25, 2014 Page Due to the level of uncertainty with the proper dedication of Airport Road, this CSM should be revised to dedicate that part of Airport Road as previously referenced in CSM 3617 or show prior written evidence of the road dedication. 20. If the right-of-way dedication is required and if a mortgage exists on the property, a Consent of Mortgage Certificate shall be added. The owner s certificate shall also include a note acknowledging the dedication. 21. A title report was included in the CSM application. The Town Attorney shall confirm the adequacy of the information submitted. 22. The Title Commitment references a few easements in Schedule B Part 2 which will need to be placed on the CSM if they are applicable, specifically Document Numbers and This CSM lies within the City of Middleton extraterritorial zoning jurisdiction. The word Village shall be changed to City in the City s section of the signature page. 24. The following note shall be added to the CSM: Further Land Divisions by Certified Survey may be restricted for a period of up to five (5) years under the provisions of Section of the Town of Middleton Land Davison and Subdivision Ordinance. 25. Assuming parkland dedication is not required by the Town (Park Commission should confirm this), under Town ordinances, the payment of park fees ($2,255 per lot) in lieu of parkland dedication for the creation of one additional new lot is required. Park fees should be paid prior to the Town signing the CSM. 26. The prepared lot lies within the Airport Road impact fee area. The fee for the additional lot is $1,155 which shall be paid before the Town signs the CSM. Sincerely, Rod Zubella, PE President RZ/alh cc: Town of Middleton Board Town of Middleton Parks Commission David Shaw, Administrator, Town of Middleton Tom Voss, Town Attorney, Erbach & Voss, SC Tom Goff, 2412 Amherst Road, Middleton, WI Noa Prieve, PLS, Williamson Surveying and Associates, LLC Mike Ziehr, PLS, Vierbicher M:\Middleton, Town of\140005_2014 Engineering Review\Task 5 Goff Airport Road CSM\Plan Commission Ltr re Goff CSM.doc

12 Draft Draft Draft Town of Middleton Plan Commission Minutes August 6, 2014 Chair Denise Schmidt called the meeting to order at 7:00 p.m. Others in attendance were: Commission members David Stone, Cynthia Richson, Mike Stoetzel, Cathy Garfoot, Wayne Rounds, and Jim Wills; David Shaw, Town Administrator; and members of the public. 1. Proof of Posting. Shaw stated that the Agenda had been published on the website, ed to the citizens list, as well as posted at the three official locations. 2. Approve Minutes of the Meetings of July 2, Motion: Garfoot / Richson, to approve the minutes of the meeting of July 2, Motion carried with Stone abstaining. 3. Public Input. None. 4. Two-Lot Certified Survey Map - Tom Goff - for Parcel # (Approximately 8420 Airport Road Just west of the Tallard Conservancy Parking Lot) Tom Goff presented his proposed two-lot Certified Survey Map with a 33, 497 sq. ft. parcel fronting Airport Road and a 51,103 sq. ft. flag lot in the rear. Zubella discussed the comments in his July 25 review letter. This proposal required multiple variances. He stated that while the land is not in a defined transition area, it could be viewed as being in one as it is on the border with the City of Middleton. Stone said that while the Comprehensive Plan did not plan for this area to be a transition zone, it does warrant this designation. He said there are three issues for the Commission to examine and make a determination on for this proposal: 1) Is a Flag Lot acceptable here? 2) Is the 33, 497 sq. ft. size acceptable? 3) Is the use acceptable? The Commissioners all agreed that the use is acceptable as residential is abutting it and the Comprehensive Plan designates it as such. The Commissioners also agreed that while the Town ordinances stated that flag lots should be avoided, that here, with a joint driveway, it makes sense. Finally, the Commissioners agreed that while neither of these lots meet the minimum lot size of 60,000 square feet minimum in a transition area, nor does Lot 2 meet the 40,000 square foot minimum for a variance and the applicant does not own the required 40 acres needed to create a lot under 5 acres, given the neighboring open space, this proposal is acceptable. Page 1 of 2 S:\GEN GOVT\Plan Com\AAA Minutes\2014\ Plan Commission Minutes Draft.Docx 8/6/2014

13 Draft Draft Draft Motion: Stoetzel / Stone, that as this lot is isolated, being surrounded by the City of Middleton s soccer park and parking lot to the east and the Town s Tallard park to the north as well as naturally buffered by large mature buffers on the lot to the west and the lots across Airport Road to the south, this lot is unlike most developed lots in the Town, and as such, this lot appears to be a de facto transitional area and therefore, the Plan Commission recommends the Board approve the proposed two-lot Certified Survey Map, including a flag lot with variances to the two ordinances concerning creation of parcels less than five acres by owners of less than 40 acres and creation of parcels less than 65,000 square feet as the neighbor has acknowledged and agreed to proposed lot sizes. The Certified Survey Map should be subject to the Vierbicher review letter of July 25, 2014 and contingent upon: Creation of a joint driveway agreement approved by Vierbicher Associates Driveway not aligned with Stonewood Drive Inclusion of vegetation height restrictions in vision corner outlined on the CSM A stormwater management plan including a topographic map demonstrating that the stormwater issues will be remediated and not cause any additional stormwater be stored on the lot to the west of the proposed lots Motion carried. 5. Commission Members Reports. Rounds reported that Ballweg had been able tyo resolve his issue with Dane County Zoning by enlarging his accessory building. 6. Board Liaison Report. Whitney reported that a public hearing would be held on the Salt / Storage building on September 8, He also stated that Dick Karls is working on plans for his properties on Keewatin Court. 7. Adjourn. Motion: Schmidt / Garfoot, to adjourn the meeting. Motion carried at 8:32 p.m. These minutes were drafted by Shaw based on his notes and recollection, and may be approved at the next Plan Commission meeting. Page 2 of 2 S:\GEN GOVT\Plan Com\AAA Minutes\2014\ Plan Commission Minutes Draft.Docx 8/6/2014

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