County staff present Land Use and Resource Management Department Director Michael P Cotter, Associate Planner Matt Weidensee.

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1 County Zoning Agency MINUTES December 21, 2006 Meeting 6:00 p.m. 100 West Walworth Street Elkhorn, Wisconsin Chairman Kuhnke called the meeting to order at 6:00 p.m. Roll call Committee members present included Chairman Richard Kuhnke Sr., Vice Chairman Alan Kupsik, Supervisor Nancy Russell, Supervisor Margaret Downing, Supervisor Rick Stacey, and Citizen Member Jeff Schramm and Greg Holden. County staff present Land Use and Resource Management Department Director Michael P Cotter, Associate Planner Matt Weidensee. Public in attendance Due to illegible handwriting, spelling may be incorrect. C.J. Heise, Joe Railton, Keith Raderschadt, Mike Bieniek, Robert Moser, Rita Yadon, Brian T. Wiswell, Fred Hodnik, Michael Kolnik, Michael Pautz, Richard Howarth, Matt Sloan, Jon and Mary Parchen, Brian Layoff, Dean Chudy, Brad Hays, Sherry Lemke, Attorney David Rasmussen, Ralph Gronio, Ralph and Robin Goessling, Allan Church. Chairman Kuhnke announced the following items have been withdrawn by applicant: Item 7a3, B.R. Amon & Sons, Inc., Town of Geneva. Tabled to the January hearing: Item 7b1, Walworth County Public Works Department, Shane Crawford, Director. A motion and second to Approve the agenda as amended was made by Supervisor Stacey and Supervisor Downing. The motion carried 7 0. The minutes of the November 16, 2006 hearing were Approved on a motion and second by Supervisor Stacey and Jeff Schramm. The motion carried 7 0. Director, Michael Cotter, explained the public hearing procedure to the audience. New Business Rezones Dean Chudy (Warren E. Hansen, App.), Section 13, Town of Bloomfield. Rezone approximately.8 acres of R-1 Single-Family Residence District (Unsewered) and M-1 Industrial District to M-1 Industrial District and C-1 Lowland Resource Conservation District for warehousing needed for a golf gift distributor. (7:08:50 to 7:31:03) Mr. Weidensee explained that the town approved the rezone request. The owner operates Golf Gifts and Gallery and needs additional warehousing for new contracts. His business has grown and he needs more space. The plan calls for extending the existing west wing an additional 200 ft. A firewall would be installed and the addition would be fully sprinklered from a present on-site system. This site has had recent rezones in 2003 for an addition at that time. The C-1 zoning literally goes around, and includes, an identified closed depression that has wetland in it. Mr. Weidensee stated that the wetland, as shown on the rezone request, will need to have a letter of concurrence from the

2 County Zoning Agency Minutes, December 21, DNR prior to rezone. The wetland as identified on the plan does not follow an identified wetland boundary. The owner will need to reapply for a rezone once the wetland is delineated. Warren Hansen appeared before the committee. There was no support. There was no opposition. A motion and second to Approve the rezone was made by Supervisor Russell and Greg Holden. The motion carried 7 0. Rita M. Yadon Trust (Rita M. Yadon, App.), Section 7, Town of Delavan. Rezone approximately acres of A-1 Prime Agricultural Land District and C-4 Lowland Resource Conservation District (Shoreland) to C-2 Upland Resource Conservation District for creation of two buildable lots. (7:31:04 to 7:37:04) Mr. Weidensee explained that the town approved the rezone request. The request is to adjust the C-4 zoning line to the flagged wetland line staked by SEWRPC on 5/14/06 and create two conforming C-2 lots with C-4 zoning in the rear of the lots. The remaining land shall remain A-4 and A-1 zoned. Warren Hansen appeared before the committee. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion and second to Approve the rezone request was made by Jeff Schramm and Supervisor Kupsik. The motion carried 7 0. Findings: Approximately 65% of the area is non-prime farm soils. God s Country, Ltd. (Allan Church, App.), Section 7, Town of Lafayette. Rezone approximately 6.18 acres of A-1 Prime Agricultural Land District to C-2 Upland Resource Conservation District for creation of a buildable parcel. (7:37:05 to 7:41:54) Mr. Weidensee explained that the town approved the rezone request. The proposed rezoned land shall be used only as residential single family for an existing residence. Allan Church appeared before the committee. The property surrounds the main house. He stated the accessory building will be a 24 by 36 pavilion and used as an entertainment building for family and friends. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion and second to Approve the rezone request was made by Supervisor Kupsik and Supervisor Stacey. The motion carried 7 0. Findings: The site contains 100% non-prime farm soils. Burnell Hays, Section 8, Town of Lafayette. Rezone approximately 5.18 acres of A-1 Prime Agricultural Land District to A-5 Agricultural-Rural Residential District for creation of a buildable lot. (7:41:55 to 7:52:54) Mr. Weidensee explained that the town approved the rezone request. The rezone property is part of the family farm to be used as a residential home site of approximately 5.35 acres. The applicant states that this area has never been farmed (49 plus years) due to its topography and severance from the agricultural parcel. In fact, most of this parcel was part of the Old Peck Station Community and was once platted for residential development. Brad Hays appeared before the committee. Mr. Hays lives and works in Milwaukee and would like to build on the property in about four years. He stated the property was never farmed. Mr.

3 County Zoning Agency Minutes, December 21, Weidensee stated it is too narrow to be zoned to C-2, which requires a width of 300 feet. Mr. Kuhnke questioned how many lots could be put on this property if there is no deed restriction. Mr. Weidensee explained there could be about three different lots. The committee cannot require a deed restriction. Mr. Hays stated he would record a voluntary deed restriction. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion and second to Approve the rezone request with a Voluntary Deed Restriction Not to Further Divide the Property, was made by Supervisor Stacey and Supervisor Kupsik. The motion carried 7 0. Findings: This property has never been farmed. There is also a swale-steep area that cuts through the property. Gary V. Soukup, Section 30, Town of Spring Prairie. Rezone approximately 1.38 acres of R-1 Single-Family Residence District (Unsewered) to B-1 Local Business District,.58 acres of A-1 Prime Agricultural Land District to B-1 Local Business District,.15 acres of R-1 Single-Family Residence District (Unsewered) to A-1 Prime Agricultural Land District for an antique restoration store and all of Tax Parcel #OA 323 from B-2 General Business District, A-1 Prime Agricultural Land District and R-1 Single-Family Residence District (Unsewered) to B-1 Local Business District. ( 7:52:55 to 8:25:17) Mr. Weidensee explained that the town approved the rezone request. The applicant stated he would like to use the property for antique restoration and have the rear lot line align with the property on the east lot line. Joe Railton and C.J. Heise appeared before the committee. There was no support. Opposition: Brian Wiswell stated concern in regards to a water problem. He stated the property to be rezoned is a retention area of about 20 acres where water drains into that was put there by the state about 50 years ago and used it to raise Highway 11. This was done to hold the water that was running off the hillsides in the area. He stated if parking lots are constructed, this could create a water problem. Rebuttal: Mr. Railton stated Mr. Soukup has no intention to change the use of the land and if he was to put impervious surfaces on he would have to acquire permits and would be more than willing to provide engineering reports. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion was made by Supervisor Kupsik to Approve the rezone request except for the rezone request on tax parcel CSM 323, OA , Lot 1. In the motion he also stated staff will send a letter of explanation to the town explaining their decision. The motions were seconded by Supervisor Stacey. The motion carried 7 0. Findings: The rezone of A-1 entails a very small area of land that will square off the field. Michael and Mary Pautz, Section 4, Town of Troy. Rezone approximately acres of A-2 Agricultural Land District to C-2 Upland Resource Conservation District for creation of a 5-lot subdivision. (8:25:38 to 8:34:00) Mr. Weidensee explained that the town approved the rezone request. The applicants are requesting a rezone and approval of a 5-lot division of their property. The land is flat to rolling with some steeper erodable slopes and poor soils, which have qualified for CRP in the past. The land has generally been used as an evergreen tree farm since 1986 and the erodable slopes and areas of poor soil are covered with large evergreen trees. About 2/3 of

4 County Zoning Agency Minutes, December 21, the land is wooded with the remainder in grasses. A small hay crop is harvested annually. Recently the applicants petitioned the Town of Troy for approval of a land division involving the two buildable remnant C-2 parcels on private Kettle Cove Road. After much negotiation with Walworth County and the Town of Troy, it became apparent that there were concerns over the small size of the remnant parcels and the safety issue of adding more home sites accessed by Kettle Cove Road. In order to address these concerns the applicants are now proposing to divide the acres into 5 home site parcels of 6.30 to 8.55 acres. Home construction deed restrictions for each parcel would seek to enhance the site area and ensure good property values. As a condition of approval for this division the applicants will dedicate approximately 3.0 acres, 66 foot wide Kettle Cove Road, to the Town of Troy. They will pay for the cost of paving the road in accordance with the town standards. Kettle Cove Road would then be a Town of Troy Road, thereby insuring the safety of current and future residents. Mike Pautz appeared before the committee. Support: Dan, last name is inaudible, who lives on Kettle Cove Road, North 9592, stated he is glad the road would become a town road if the rezone is approved. There was no opposition. Supervisor Kuhnke stated his concern in regards to people putting land into CRP and then rezoning it into C-2 instead of being left agriculture land. A motion and second to Approve the rezone request was made by Supervisor Stacey and Greg Holden. The motion carried 6 1. Supervisor Kuhnke in opposition. Conditional Use Matt Sloan (Brian Layoff, App.), Section 28, Town of Delavan. Applicant is requesting conditional use approval for a residence as part of a principal business structure on lands zoned B-3 Waterfront Business District. (8:34:01 to 8:38:45) Mr. Weidensee explained that the town approved the conditional use request. The applicant is requesting a conditional use to allow demolition of the existing home and reconstruction of a new home. The new home will stay in the footprint and envelope of the old foundation. Mr. Weidensee explained that the owner will need to obtain a variance from the standard that the dwelling unit be located in the principle business structure if the structure is not replaced within the existing footprint and envelope. Brian Layoff appeared before the committee. A motion and second to Approve the conditional use request, with conditions, was made by Supervisor Stacey and Jeff Schramm. The motion carried 7 0. General Conditions: 1. Approved per plan submitted with all additional conditions. 2. Must meet all applicable federal, state, county and local regulations. 3. The applicant must obtain the required zoning permit for the construction of the residence. 4. Only one residence of any kind shall be allowed on the parcel in conjunction with the principal business. Use of the residence shall be for a caretaker of the business consistent with this approval. 5. The required parking for the residence must be identified on the project plan and meet with the required parking standards of the county within 60 days of this approval. 6. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions:

5 County Zoning Agency Minutes, December 21, The owner will need to obtain a variance from the requirement that the dwelling unit be located in the principal business structure if the new residence is not constructed in the same footprint and envelope of the existing residence. Unilock Chicago, Inc./Mann Sand & Gravel, LLC (James Howe, App.), Section 6, Town of Lafayette. Applicant is requesting conditional use approval for modification of an on-premise ground sign to allow sign construction on an adjacent parcel on lands zoned M-3 Mineral Extraction District. (8:38:46 to 8:43:14) Mr. Weidensee explained that the town approved the conditional use request. The application indicates that the neighboring property owner (Unilock) is requesting conditional use approval for a modified on premise ground sign on an adjacent Mann Brothers Sand and Gravel Inc. property. The sign is to be located by the Hwy A due to the Unilock parcel having limited street exposure. The county recently amended the Walworth County Zoning Code to allow approval of such a sign. Mr. Weidensee explained that the project plan shows accompanying retaining walls along with the proposed sign. The retaining walls are within the vision triangle. The retaining walls would need a variance from the Board of Adjustment if constructed higher than 2 ½ feet. The project plan shows the retaining wall as 3 feet high. Jim Howe appeared before the committee. He stated they will lower the landscaping wall 6 inches to meet the requirement and there is no lighting for the sign. He stated the sign is located 18 feet off the right-of-way from County A, approximately 51 feet from the centerline and will not encroach on the right-of-way. A motion and second to Approve the conditional use request, with conditions, was made by Supervisor Russell and Supervisor Kupsik. The motion carried 7 0. General Conditions: 1. Approved pursuant to the plan submitted as a modified on premise ground sign with all additional conditions. 2. This conditional use permit is granted to the property owner on which the sign is located. 3. The signature on the conditional use application shall represent permission granted by the current property owner for use of the property by the neighboring property owner for the modified on premise ground sign and any accompanying landscaping and fencing. 4. The sign shall not be used by another advertiser other than a new owner of the neighboring property conducting the same business for which the sign was approved. 5. Any reconfiguration or division of the neighboring property shall cause new county review and approval of this conditional use to be required. 6. The modified on premise ground sign and all accompanying landscaping and fencing shall be altered or removed by the neighboring property owner upon written request of the property owner on which the sign is located. 7. The property owner shall be responsible for providing the Walworth County Land Use and Resource Management Department with any written request to the neighboring property owner for alteration or removal of the sign. 8. The county shall be held harmless for any damages to the property during construction, maintenance, alteration or removal of the sign and all accompanying landscaping and fencing.

6 County Zoning Agency Minutes, December 21, The modified on premise ground sign and all accompanying landscaping and fencing shall comply with all state, federal and local regulations. 10. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 11. The property owner must obtain a variance for the construction of the retaining walls in the vision triangle if the walls are constructed higher than 2 ½ feet above existing grade. Ronald H. and Sherry E. Lemke, Section 16, Town of Linn. Applicant is requesting conditional use approval for a professional home office on lands zoned R-1 Single-Family Residence District (Unsewered). (8:43:15 to 9:46:48) Mr. Weidensee explained that the town approved the conditional use request. The owner is requesting to use one half of the living room of an existing residence for client sessions for a therapeutic counseling office. The owner anticipates a maximum of 10 client sessions per week. There would be no employees other than the current resident and the use of the home would not exceed 25% of the floor area of the first floor. No sign is proposed on the property. Mr. Weidensee explained that the property is surrounded by land zoned R-1. Attorney David Rasmussen appeared before the committee. A motion and second to Approve the conditional use request, with conditions, was made by Jeff Schramm and Greg Holden. The motion carried 7 0. General Conditions: 1. Approved per plans submitted with all added conditions. 2. Must meet all applicable federal, state, county and local regulations. 3. All cars shall be parked in the marked spaces as identified on the approved plan of operations. Use capacity of the site shall be restricted by the cars capable of being parked in the marked spaces as identified on the plan. Parking must meet with requirements of the county zoning ordinance. All parking must be setback 25 feet from the roadway. The off street parking area shall be graded and surfaced so as to be dust free and properly drained. All parking areas shall be clearly marked. All parking must be in compliance with county requirements within 60 days of this approval. 4. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday through Saturday. 5. All signage must be identified on the plan of operations and the applicant must obtain the required sign permit from the Walworth County Zoning Office. 6. Access to the site must be as identified on the plan. 7. All lighting shall be shielded and directed onto the property. 8. No outside storage of goods or materials shall be allowed on site. 9. No sales of goods shall occur on site. 10. Use of the site shall be limited to 25% of one floor of the residence. 11. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review.

7 County Zoning Agency Minutes, December 21, David A. Hernandez, Section 2, Town of Sugar Creek. Applicant is requesting conditional use approval for a four-unit PRD on lands zoned C-2 Upland Resource Conservation District. (8:46:49 to 8:53:34) Mr. Weidensee explained that the town approved the conditional use request. The applicant is requesting approval for a four unit PRD for four single-family condominiums. Attorney Richard Howarth and Warren Hansen appeared before the committee. A motion and second to Approve the conditional use request, with conditions, was made by Supervisor Stacey and Supervisor Kupsik. The motion carried 7 0. General Conditions: 1. Approved per plans submitted with all additional conditions as stated. 2. The project must meet all federal, state, county and local ordinances. 3. The applicant shall be responsible for meeting all requirements of the Condominium Ownership Act (State Chapter 703) and the Walworth County Subdivision Control Ordinance. The transfer of ownership of any dwelling units may only include, therewith, a fractional interest in the site on which the dwelling unit is located and such transfer shall not result in the subdivision of minor subdivision as defined under the Walworth County Subdivision Control Ordinance. 4. This Planned Residential Development (PRD) is approved as a 4-unit condominium subject to a condominium declaration. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design of the PRD and all common structures, facilities, essential services, access and open spaces shall be assured by deed restriction referencing the condominium declaration. 5. Use of the common area, private areas and limited common areas shall be restricted to those identified in the plan of operations and the approved condominium declaration. 6. The condominium declaration must be submitted to the Walworth County Land Management Department for review for consistency with county ordinances and requirements. Any changes to the condominium declaration, which in the opinion of the county affect county approvals, ordinances or requirements, must obtain county conditional use review and approval. 7. The applicant must provide a tree cutting and restoration plan meeting ordinance requirements for review and approval. Tree cutting shall be limited to that specified on the approved plan of operations. 8. There shall be no alterations of the shoreland setbacks or wetlands without obtaining county required approvals. 9. The roads shall meet county road standards as provided for in the Walworth County Land Division Ordinance. The owner must meet all town, county and/or state highway access requirements. 10. The declaration for the condominium association must assure that sewerage waste load will not increase over time without providing necessary sewerage capacity. 11. The applicant must obtain all required zoning permit and sanitary approvals prior to any construction on site. No additional structures shall be added to the plan without obtaining county approval and a zoning permit. This permit does not include conditional use approval for any amenity that is not specifically identified on the project plans as approved. The zoning office prior to issuance of a zoning permit shall further review all structure locations. All structures will be required to meet the requirements of the zoning ordinance.

8 County Zoning Agency Minutes, December 21, The applicant must obtain land disturbance, erosion control & stormwater approval from the Walworth County Land Conservation Office prior to construction. All stormwater amenities and areas shall be identified as common areas to be maintained by the Condominium Association. All grading must be conducted consistent with the approved Land Disturbance Erosion Control and Stormwater Management plan. All topsoil generated from the site must be evenly distributed back onto the site on the areas from which it was removed or in areas in need of the topsoil. The quantity of topsoil generated from one lot may not be located on another lot within the development at the expense of the lot from which the topsoil was generated. No materials may be removed from the site. 13. The applicant must provide a tree cutting; landscaping and restoration plan meeting ordinance requirements for review and approval. Tree cutting shall be limited to that specified on the approved plan and narrative. 14. The applicant shall submit an outdoor lighting plan for review and approval prior to construction. All lighting shall be shielded and directed on site. 15. The county reserves the right to rescind this conditional use upon any violation of county regulations. 16. The property owner shall be held solely responsible for addressing all restrictive covenants beyond those enforceable by county regulations (including those within the condominium declaration). The condominium declaration must be submitted to the Walworth County Land Management Department for review for consistency with county ordinances and requirements and the conditional use approval. Any wording of the condominium declaration, which in the opinion of the Walworth County Land Management Department is inconsistent with county approvals including the plan, amended narrative, ordinances or requirements will require county conditional use review and approval. 17. The preliminary plat and final plat shall identify the building envelope on each individual unit/lot within the development prior to approval. A typical envelope diagram shall not be acceptable. 18. The applicant must phase construction substantially in compliance with the approved plan, use restrictions and condominium declaration. Any changes to phasing, ownership or specified use within each phase must be added to the condominium declaration by addendum and reviewed by the Walworth County Land Management Department for approval. 19. Application with Walworth County for approval of the condominium plat, recording of phase one of the plat and the entire project plan shall occur within six months of this conditional use approval. The condominium plat shall be accompanied by the complete condominium declaration. 20. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 21. The roadways are intended to remain private. The roadways may not be dedicated to the public without bring the parking into compliance with parking setback requirements from public roadways. The roadway within the condominium shall be identified as a common element in the condominium declaration and on the approved plan. The portion of road on the neighboring property shall be designated by a road easement and shall be subject

9 County Zoning Agency Minutes, December 21, to a maintenance agreement between the parties involved. The total paved area shall be subtracted from the area net developable as part of the required density calculation for dwelling units per acre. 22. Approval of this PRD includes unit width modifications and greater shoreland setbacks than required by the zoning ordinance of a C-2 zone district as shown on the approved plan. 23. Approval is subject to dedication of a 66-foot right of way to the condo association as shown on the conditional use plan. 24. A sign must be posted showing Lake View Lane as a private road as required by the town. Michael and Gail Kolnik, Section 32, Town of Walworth. Applicant is requesting conditional use approval for use of ¼ of an existing shed as a home occupation for a small engine repair shop and saw blade sharpening business on lands zoned A-5 Agricultural-Rural Residential District. (8:53:35 to 8:58:05) Mr. Weidensee explained that the town approved the conditional use request. The applicants are requesting to use ¼ of an existing shed for sharpening blades and small engine repair. The hours of operation would be from 7:00 a.m. to 5:00 p.m. The property owner would be the only employee. There will be drop off and appointments for customers. All waste materials (oil) will be taken to Big Quick Lube in Walworth. Michael Kolnik appeared before the committee. Fred Hodnick spoke in support. There was no opposition. A motion and second to Approve the conditional use request, with conditions, was made by Supervisor Russell and Greg Holden. The motion carried 7 0. General Conditions: 1. Approved per plans submitted with all added conditions. 2. Must meet all applicable federal, state, county and local regulations. 3. All cars shall be parked in the marked spaces as identified on the approved plan of operations. Use capacity of the site shall be restricted by the cars capable of being parked in the marked spaces as identified on the plan. Parking must meet with requirements of the county zoning ordinance. All parking must be setback 25 feet from the roadway. The off street parking area shall be graded and surfaced so as to be dust free and properly drained. All parking areas shall be clearly marked. All parking must be in compliance with county requirements within 60 days of this approval. 4. Hours of operation shall be from 7:00 a.m. to 6:00 p.m. Monday through Saturday. 5. All signage must be identified on the plan of operations and the applicant must obtain the required sign permit from the Walworth County Zoning Office. 6. Access to the site must be as identified on the plan. 7. All lighting shall be shielded and directed onto the property. 8. No outside storage of goods or materials shall be allowed on site. 9. No sales of goods shall occur on site. 10. Use of the site shall be limited to 25% of one floor of the building. 11. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Use and Resource Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. 12. Any waste products, including oil, will be disposed of legally.

10 County Zoning Agency Minutes, December 21, Ralph and Laurie Giorno (Michael Bieniek, AICP, SAC Wireless, Inc., App.), Section 13, Town of Whitewater. Applicant is requesting conditional use approval for construction of a telecommunications tower on lands zoned A-1 Prime Agricultural Land District. (8:58:06 to 9:08:07) Mr. Weidensee explained that the town clerk stated to Matt that the town approved the conditional use request. Verizon Wireless proposes to construct a wireless telecommunications service facility, which will consist of a 180-foot tower and an 11ft. 6 inch by 30-foot equipment shelter. The support shelter will be situated within the 60 foot by 40-foot lease area. Mr. Weidensee further explained that the county has received an alternative analysis from Evans & Associates indicating that the tower is needed as part of the county network and they recommend approval. A portion of the property is zoned M-3 from a borrow site for the Hwy 12 bypass. The owner has applied for a rezone for the property to go back to the original A-1 zone district. The committee will see the request during the February hearings. Approval of the lease area for the new tower would need to include a modification of the lease area by the Walworth County Zoning Agency from the required 2,500 sq. ft. to 2,400 sq. ft. as presented. In addition, the access drive is proposed as 20-feet rather than 30 feet. The Walworth County Zoning Agency could modify the standard if the access is determined to be acceptable at 20 feet. The access easement to serve the tower must be setback 25 feet from all existing buildings.. Mr. Weidensee stated the applicant will need to apply for a variance on the 25 separation between the access easement and existing building. Mike Bieniek appeared before the committee. He stated the tower will be located 500 feet off the road, is behind a silo and is in an area on the property that is not used as tillable land. He stated he will be applying for a variance. After the appropriate findings were made as required by State Farmland Preservation Program s91.75 (5) Wis. Stats., a motion and second to Approve the conditional use request, with conditions, was made by Greg Holden and Jeff Schramm. The motion carried 7 0. Findings: A telecommunication tower is a utility, which is allowable in an A-1 zone district under Farmland Preservation Statutes General Conditions: 1. This project must meet and comply with all requirements of the Walworth County Telecommunications Tower, Antennas, and Related Facilities Ordinance. See submittals required following the conditional use approval section ( (4)). 2. Approved as per plan submitted with required conditions added. 3. The applicant/owner must meet all annual report, fees, and security for removal requirements. 4. Signage shall be limited to a 12"x 12" identification plaque. 5. The building shall be of an earth tone or neutral color (I.E. beige or tan). 6. Vegetative screening and landscaping shall be installed as shown on the plan within 60 days of this approval or as weather allows. 7. Outside lighting used shall be shielded so as not to go beyond the property lines. 8. The tower shall provide for collocation as indicated in the plan of operations if technically feasible.

11 County Zoning Agency Minutes, December 21, Construction plans for the site shall be submitted to the Walworth County Zoning Office and Walworth County Land Conservation Office for review and zoning and land disturbance, erosion control and stormwater management permit approvals prior to any disturbance on site. 10. Lighting of tower antenna shall be limited to the minimum requirements of the FAA and under no conditions shall strobe lighting be permitted. 11. Fencing shall be installed and maintained as indicated on the approved plan. a. The applicant is responsible for removal of the tower if it is no longer in use. If the tower is not operated for a continuous period of 12 months, it shall be considered abandoned. Abandoned towers may be required to be removed within 90 days. 12. The applicant shall meet all applicable federal, state and local regulations. 13. The applicant must provide the required certified engineering information for the structural design of the tower within 30 days of this approval. 14. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Use and Resource Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 15. The applicant will need to submit a plat of survey for the lease area showing a landscaping plan for review and approval prior issuance of a zoning permit for construction of the tower. 16. This approval includes modification of the lease area from 2,500 sq. ft. to 2,400 sq. ft. and the access from 30 feet to 20 feet. 17. The property owner must submit a petition to rezone the M-3 zoned area on the property back to the A-1 zone district at both the town and county prior issuance of a zoning permit for construction of the tower. 18. The new access easement must meet the 25-foot setback requirement from all existing structures. Ralph and Robin Goessling, Section 7, Town of Whitewater. Applicant is requesting conditional use approval for a second residence on a farm parcel for a son on lands zoned A-1 Prime Agricultural Land District. (9:08:08 to 9:16:23) Mr. Weidensee explained that the town approved the conditional use request. The applicants would like to create a 3.6-acre residential building site for their son. Mr. Weidensee explained that the property owner has been informed that the second residence, if approved, would need to be substantially under construction prior to a separate parcel being created for the new residence. The owner has also applied for a farm separation for the existing farm buildings. The committee may wish to inquire if the owner has intent of selling the farm or developing the property in light of the existing farm buildings requested to be separated off from the farm. The City of Whitewater is in the process of designating future Tax Incremental Finance (TIF) districts outside the existing City boundaries for areas of future development. The Committee may wish to inquire if the property owner is in one of the potential TIF districts. Ralph and Robin Goessling appeared before the committee. The applicants stated they are not aware of their property being in the Whitewater TIF district and are hoping for the farm to become a century farm around Robin Goessling stated there were two residences on the property before the bypass took one of the homes. The home is for her son who wishes to return to the farm. She also stated that having the home being built before the CSM is complete creates

12 County Zoning Agency Minutes, December 21, a problem for her son since he needs to own the property in order to acquire a loan to build on it. Mr. Weidensee stated he will check with zoning on this. After the appropriate findings were made as required by State Farmland Preservation Program s91.75 (5) Wis. Stats., a motion and second to Approve the conditional use request, with conditions, was made by Supervisor Stacey and Supervisor Kupsik. The motion carried 7 0. Findings: A second residence for farm purposes is consistent with the farmland preservation statutes. General Conditions: 1. Approved per plan submitted with all additional conditions. 2. Must meet all applicable federal, state, county and local regulations. 3. The applicant must obtain township approval for access prior to construction on site. 4. No further land divisions of the parcel will be allowed without county approvals. 5. The applicant must obtain the required zoning approval for the construction of the residence prior to plat review and approval. The residence shall be used for the stated agricultural purpose consistent with this approval. The residence must be under construction prior to separation from the farm parcel. 6. Only one additional residence of any kind shall be allowed on the parcel without further County approval. 7. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Use and Resource Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 8. The second residence must be located on a separate parcel prior to approval of a farm separation for the remaining structures as requested. George C. Christon, Section 35, Town of Whitewater. Applicant is requesting conditional use approval for a six-lot Planned Residential Development on lands zoned C-2 Upland Resource Conservation District and R-1 Single-Family Residence District (Unsewered). (9:16:24 to 9:23:34) Mr. Weidensee explained that the town approved the conditional use request. The request is to create a six lot Planned Residential Development (PRD). The subdivision shall include averaging lot areas and modifying the lot width requirements for dual zoned lots to the R-1 standard of 150 feet. This will satisfy the recommendation of one building site pre five acres in the environmental corridor. Minimum zoning standards would allow seven lots to be created without any conditional use request. However, it is felt this design would be a more reasonable use of the land. Originally there was a request for a rezone of property along East Lake Shore Drive, which was denied, and the suggestion that a PRD be applied for was offered to the owner. Warren Hansen appeared before the committee. The PRD would hold six units. A motion and second to Approve the conditional use request, with conditions, was made by Jeff Schramm and Greg Holden. The motion carried 7 0. General Conditions 1. Approved as per plan submitted with all additional conditions. 2. The applicant must obtain a land disturbance, erosion control & stormwater approval from Walworth County Land Conservation Office prior to construction if required by Section 26 of the Walworth County Code of Ordinances. The construction activities of

13 County Zoning Agency Minutes, December 21, this development must comply with the Walworth County Land Disturbance, Erosion Control and Stormwater Management Standards contained in Section 26 of the Walworth County Code of Ordinances. All grading must be conducted consistent with the approved Land Disturbance, Erosion Control and Stormwater Management Plan. All topsoil generated from the site must be evenly distributed back onto the site on the areas from which it was removed or in areas in need of the topsoil. The quantity of topsoil generated from one lot may not be located on another lot within the development at the expense of the lot from which the topsoil was generated. No materials may be removed from the site without county approval. An operation and maintenance plan for each stormwater best management practice must be prepared and included in the covenants and restrictions or other documents governing the homeowner association created for this development. The plat prepared for this subdivision must show the location and label each stormwater best management practice planned to serve the development. 3. The owner/applicant must obtain all required zoning and sanitary approvals prior to construction. 4. The owner must meet all town, county and/or state highway access requirements. 5. The project must meet all federal, state, county and local ordinances. 6. The owner/applicant must provide a tree cutting and restoration plan meeting ordinance requirements for review and approval. Tree cutting shall be limited to that specified on the approved plan of operations. 7. No alteration of the shoreland/wetland area shall be allowed without county required approval. 8. The roads shall meet with county road standards as provided for in the Walworth County Land Division Ordinance. 9. This Planned Residential Development (PRD) is approved as a six lot single-family subdivision subject to subdivision association rules. The governing rules for the subdivision association shall be submitted to the Walworth County Land Use and Resource Management Department for review for consistency with county ordinances and requirements. Any changes to the subdivision association rules that may affect county approval of the PRD must obtain additional county conditional use review and approval. 10. The proper preservation, care and maintenance by the original and all subsequent owners of the design of the PRD and all common structures, facilities, essential services, access and open spaces including use of the open space shall be assured by deed restriction referencing the subdivision plat and association rules. All property within the subdivision must remain as part of the subdivision and may not be removed from the subdivision without county approval. 11. The preliminary plat and final plat shall identify the building envelope on each individual lot within the subdivision prior to approval. A typical envelope diagram shall not be acceptable. 12. The county reserves the right to rescind this conditional use upon any violation of county regulations. 13. The property owner shall be held solely responsible for addressing all restrictive covenants or association rules beyond those enforceable under county ordinance and regulations. 14. All cars shall be parked in the marked spaces as identified on the approved plan of operations. Use capacity of the site shall be restricted by the cars capable of being parked in the marked spaces as identified on the plan. Parking must meet with requirements of

14 County Zoning Agency Minutes, December 21, the county zoning ordinance. The off street parking area shall be graded and surfaced so as to be dust free and properly drained. All parking areas shall be clearly marked. All parking must be in compliance with county requirements within 60 days of this approval. 15. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Use and Resource Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 16. Lots one through four shall meet the setbacks of the C-2 zone district and lots five and six shall meet the R-1 setback requirements. Adjournment A motion and second to adjourn was made by Jeff Schramm and Supervisor Stacey. The motion carried 7 0. Chairman Kuhnke adjourned the meeting at 8:20 p.m. Submitted by Patricia Lembitz, Recording Secretary. Minutes are not final until approved by the committee at its next meeting.