DRAFT MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND LAND REGULATION COMMITTEE HELD ON MAY 25,2004

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1 ZLR Committee Public Hearing Minutes May 25,2004 Page 1 of6 NOTE:These minutes reflect the notes ofthe recorder and are subject to correction and approval at a subsequent meeting ofthe Committee. DRAFT MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND LAND REGULATION COMMITTEE HELD ON MAY 25,2004 PRESENT:Hitzemann,Jensen,McDonell,Pertzborn,W endt. ALSO:Scribner,Conrad I. CALL TO ORDER: Chairman Hitzemann called the meeting to order at 7:30 PM in room 201 City-County Building. II. III. IV. PUBLIC COMMENT: APPROVAL OF MINUTES Minutes ofthe 4/13/2004 and 4/27/2004 meeting(s)/hearing(s)ofthe Zoning & Natural Resources Committee. Motion byw endt/jensen to postpone;carried,5-0. PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND ORDINANCE AMENDMENTS: 1. PETITION # 8947 BY THOMAS & JUDITH PETERSEN to change the zoning from RH-4 Rural Homes to RH-3 Rural Homes on property located at 1470 Olstad Road in part ofthe E 1/2 NW 1/4 and the W 1/2 NE 1/4 Section 30,Town ofdeerfield. IN FAVOR:Thomas Petersen OPPOSED: STAFF:P&D,HW Y,EH TOW N:Town approved,no conditions Motion byw endt/pertzborn to approve;carried, PETITION # 8948 BY CBF INVESTMENT CO LLC to change the zoning from LC-1 Limited Commercial and C-1 Commercial to C-2 Commercial on property located at 3234 County Highway N in part ofthe SW 1/4 SE 1/4 Section 33,Town ofcottage Grove. IN FAVOR:TimothyConnery OPPOSED: STAFF:P&D,HW Y,EH TOW N:Town approved,with conditions Motion bypertzborn/mcdonell to postpone;carried, PETITION # 8949 BY DANE COUNTY remove the Condition imposed by Petition #8381 in the A-2(8) Agricultural district on property located across from 8643 Spring Valley Road in part ofthe S 1/2 NW 1/4 Section 15,Town ofberry. IN FAVOR:Laura Dier OPPOSED: STAFF:P&D,HW Y,EH TOW N:Town approved,no conditions Motion bypertzborn/mcdonell to approve with the following conditions;carried,as amended,5-0. 1) Deed restrict Lot 3 ofcsm prohibiting residential development.

2 ZLR Committee Public Hearing Minutes Page 2 of 6 4. PETITION # 8950 BY DAVID JUDD to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located East and South of 6412 County Highway A in part of the SE 1/4 NE 1/4 and NE 1/4 SE 1/4 Section 13, Town of Montrose. IN FAVOR: David Judd OPPOSED: TOWN: Town approved, no conditions Motion by Wendt/McDonell to approve; carried, PETITION # 8951 BY ARG MATEY DEVELOPMENT LLC to change the zoning from A-1 EX Exclusive Agricultural to A-2 Agricultural and A-2(8) Agricultural on property located North & West of 6313 Town Hall Drive in part of the N 1/2 NE 1/4 Section 4, Town of Sun Prairie. IN FAVOR: John Brigham, Jim Welsh OPPOSED: Motion by Jensen/Wendt to approve with the following conditions; carried, as amended, ) Deed restrict the A-2 and the A-2(8) property (the entire acre parcel) prohibiting further residential development. 6. PETITION # 8952 BY GREGORY CARL & SHARON LAUFENBERG to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located South of 4555 County Highway J in part of the SW 1/4 NE 1/4 Section 32, Town of Cross Plains. IN FAVOR: Gregory Laufenberg OPPOSED: TOWN: Town approved, no conditions Motion by Pertzborn/Jensen to postpone; carried, PETITION # 8953 BY RUSSELL MARTY to change the zoning from A-1 EX Exclusive Agricultural to R-1 Residential on property located at 3223 Marty Road in part of the NE 1/4 NW 1/4 Section 2, Town of Verona. IN FAVOR: John Marty OPPOSED: Motion by McDonell/Pertzborn to postpone; carried, PETITION # 8954 BY EDWIN ACKER ET AL. to change the zoning from R-1A Residential and A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located at 4951 Pleasant Branch Road in part of the SE 1/4 NW 1/4 Section 36, Town of Springfield. IN FAVOR: Rick Acker OPPOSED: Motion by Wendt/McDonell to postpone; carried, PETITION # 8955 BY DALE & JUDITH CLARK to change the zoning from A-1 Agricultural to RH-3 Rural Homes on property located at 8467 Arbor Trace Drive in part of the SE 1/4 SE 1/4 Section 27, Town of Springdale. IN FAVOR: Dale Clark OPPOSED: Motion by Wendt/McDonell to approve with the following conditions; carried, as amended, ) Deed restrict prohibiting foster homes and community living arrangements.

3 ZLR Committee Public Hearing Minutes Page 3 of PETITION # 8956 AND CONDITIONAL USE PERMIT # 1883 BY T. WESTLEY & LOIS SKAAR to change the zoning from A-1 EX Exclusive Agricultural to A-2(1) Agricultural and also allow communications tower site on property located North of 3145 County Highway AB in part of the SE 1/4 SE 1/4 Section 36, Town of Blooming Grove. IN FAVOR: Tom Bathay OPPOSED: Michelle Eldridge, Susan Donaldson Motion by Jensen/Pertzborn to postpone; carried, PETITION # 8957 BY JAMES & CATHERINE KARLS to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located at 7185 State Highway 113 in part of the NE 1/4 NW 1/4 Section 23, Town of Dane. IN FAVOR: James Karls OPPOSED: Motion by Wendt/McDonell to approve with the following conditions; carried, as amended, ) Deed restrict the balance of the lands owned by James & Catherine Karls (approximately 36.5 acres) prohibiting residential development. 12. PETITION # 8958 BY JAMES, SCOTT AND FREDRICK SCHROECKENTHALER to change the zoning from RH-2 Rural Homes to C-2 Commercial on property located at 1640 Drotning Road in part of the SE 1/4 SE 1/4 Section 12, Town of Pleasant Springs. IN FAVOR: James Schroeckenthaler, Scott Schroeckenthaler OPPOSED: Motion by Pertzborn/McDonell to postpone; carried, PETITION # 8959 BY GARY & CHERYL KARLS to change the zoning from R-3A Residential to A-1 Agricultural on property located South of 7746 Mineral Point Road in part of the SW 1/4 SE 1/4 Section 19, Town of Middleton. IN FAVOR: OPPOSED: Motion by McDonell/Jensen to postpone; carried, PETITION # 8960 BY JEFFREY & ANNE KOHLER to change the zoning from RH-3 Rural Homes to RH-1 Rural Homes and RH-2 Rural Homes on property located at 775 County Highway A in part of the NE 1/4 NW 1/4 Section 4, Town of Albion. IN FAVOR: OPPOSED: Edwin Kennedy, Chris Buchanan, Andrea Zirba Motion by Wendt/McDonell to deny; carried, PETITION # 8961 BY MELVIN WICHTER to change the zoning from RH-1 Rural Homes and R-1A Residential to R-1A Residential and RH-1 Rural Homes on property located at 271 & 283 Craig Road in part of the NE 1/4 NE 1/4 Section 14, Town of Albion. IN FAVOR: Melvin Wichter OPPOSED:

4 ZLR Committee Public Hearing Minutes Page 4 of 6 Motion by Pertzborn/Jensen to postpone; carried, PETITION # 8962 BY MICHAEL OLSON AND JAMES & MARLENE HUMBERG to change the zoning from RH-4 Rural Homes and A-1 EX Exclusive Agricultural to A-2(8) Agricultural, RH-1 Rural Homes and RH-4 Rural Homes on property located at 4387 Old Stone Road and 4432 Old Stage Road in part of the S 1/2 SW 1/4 Section 20, Town of Rutland. IN FAVOR: OPPOSED: Motion by Jensen/McDonell to postpone; carried, PETITION # 8963 BY RICHARD & HOLLY FREUND to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes and A-2 Agricultural and A-2(8) Agricultural on property located at and across from 1273 East Church Road in part of the S 1/2 SW 1/4 Section 29 and SE 1/4 SE 1/4 Section 30, Town of Christiana. IN FAVOR: Richard Freund OPPOSED: Jon Halverson Motion by Pertzborn/Wendt to postpone; carried, PETITION # 8964 AND CONDITIONAL USE PERMIT # 1887 BY ROBERT THOMPSON ET AL. to change the zoning from A-1 EX Exclusive Agricultural to A-2(2) Agricultural and also allow unlimited livestock on property located at 1553 Evergreen Road in part of the SE 1/4 NW 1/4 Section 6, Town of Perry. IN FAVOR: Robert Thompson OPPOSED: Motion by Wendt/McDonell to postpone; carried, CONDITIONAL USE PERMIT # 1885 BY JOHN & CLARICE KALSCHEUR to allow horse boarding facility on property located across from 8665 Bluff Valley Road in part of the W 1/2 NW 1/4 Section 27, Town of Cross Plains. IN FAVOR: Diane Kalscheur OPPOSED: TOWN: Town approved, no conditions Motion by McDonell/Wendt to approve; carried, CONDITIONAL USE PERMIT # 1886 BY GERALD WUEBBEN ET AL. to allow extended care facility on property located South of 5399 Blue Bill Park Drive in part of the SW 1/4 SE 1/4 Section 22, Town of Westport. IN FAVOR: Justin Harder OPPOSED: Motion by Wendt/Jensen to approve with the following conditions; carried, as conditioned, ) Construction must be as presented in the plans submitted and reviewed to the Town of Westport Plan Commission; 2) The CUP is subject to all other previously approved property restrictions except as to building envelope; 3) Full cut-off lighting shall be utilized as viewed from Bluebill Park Drive. The lights are to match those currently in use by Westshire. The lighting plan is to be reviewed by the Town Engineer for compliance.

5 ZLR Committee Public Hearing Minutes Page 5 of PETITION # 8965 BY ALBERT HAWLEY to amend the Deed Restrictions imposed by Petition #6931 in the C-2 Commercial district on property located at 2669 County Highway P in part of the NE 1/4 NW 1/4 and NW 1/4 NE 1/4 Section 16, Town of Springdale. IN FAVOR: Albert Hawley OPPOSED: Motion by Wendt/Pertzborn to postpone; carried, PETITION # 8966 BY KENNETH & BLANCHE BLAKE to change the zoning from A-1 EX Exclusive Agricultural to C-2 Commercial on property located East of 7499 Midtown Road in part of the N 1/2 NE 1/4 Section 5, Town of Verona. IN FAVOR: OPPOSED: Motion by Wendt/Pertzborn to postpone; carried, 5-0. V. PUBLIC HEARING FOR NON-METALLIC MINING RECLAMATION PLANS: VI. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS: a. Petition #8942, Bruce & Christine Hudson, Town of Albion, Town approved, with conditions. Motion by McDonell/Wendt to approve with the following conditions; carried, as amended, ) Deed restrict limiting the property to a maximum of five (5) animal units. VII. PLATS: A. PRELIMINARY PLATS: a. FIRST ADDITION TO HOLLAND FIELDS, Section 20, Town of Windsor. Motion by Wendt/Jensen to accept the application and schedule for a future consideration pursuant to established Committee policy; carried 5-0. b. KARLS SUBDIVISION, Section 19, Town of Middleton. Motion by Wendt/Jensen to accept the application and schedule for a future consideration pursuant to established Committee policy; carried 5-0. B. FINAL PLATS: C. CERTIFIED SURVEY MAPS: VIII. IX. RESOLUTIONS: ORDINANCE AMENDMENTS: X. OTHER BUSINESS: a. Discussion on policy and possible decision.

6 ZLR Committee Public Hearing Minutes Page 6 of 6 Motion by Wendt/Jensen pursuant to the statutory authority of the county zoning agency, as stipulated in 59.69(2)(bm), all zoning policies previously adopted by the county zoning agency or used by the zoning administrator without such adoption be hereby rescinded, and that the zoning administrator is henceforth to use no policy not formally adopted by the county zoning agency. Motion by McDonell/Pertzborn to postpone; roll call vote, McDonell, Pertzborn, Jensen, Wendt, Hitzemann Aye, no Nay, carried, 5-0. XI. ADJOURN: Motion by Wendt/Jensen to adjourn at 9:25 P.M.; carried, 5-0. Peter Conrad, Recording Secretary NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. MINUTES FILES WITH THE COUNTY CLERK: June 2, 2004