DANE COUNTY BOARD OF SUPERVISORS

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1 ZLR Committee Work Meeting Agenda Page 1 of 2 December 13, 2011 DANE COUNTY BOARD OF SUPERVISORS ZONING & LAND REGULATION COMMITTEE WORK MEETING AGENDA Date: Tuesday, December 13, 2011 Time: 7:30 P.M. Location: ROOM 351, CITY-COUNTY BUILDING NOTE: If you need an interpreter, translator, materials in alternate formats or other accommodations to access this service, activity or program, please call the phone number below at least three business days prior to the meeting. NOTA: Si necesita un intérprete, un traductor, materiales en formatos alternativos u otros arreglos para acceder a este servicio, actividad o programa, comuníquese al número de teléfono que figura a continuación tres días hábiles como mínimo antes de la reunión. LUS CIM: Yog hais tias koj xav tau ib tug neeg txhais lus, ib tug neeg txhais ntawv, cov ntawv ua lwm hom ntawv los sis lwm cov kev pab kom siv tau cov kev pab, cov kev ua ub no (activity) los sis qhov kev pab cuam, thov hu rau tus xov tooj hauv qab yam tsawg peb hnub ua hauj lwm ua ntej yuav tuaj sib tham. Contact Information: Zoning Office, Planning & Development Department, , or (TDD) I. CALL TO ORDER ITEMS TO BE CONSIDERED II. APPROVAL OF MINUTES Minutes of the 11/08/11 and 11/22/11 meetings of the Zoning & Land Regulation Committee III. PUBLIC COMMENT IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE NOVEMBER 22, 2011 PUBLIC HEARING 1. None. V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # by ROBERT P RIEGE to change the zoning from A-1EX Agricultural District to RH-2 Rural Homes District to allow the creation of one residential lot on the property located East of 3097 FADNESS ROAD, in Section 3, TOWN OF CHRISTIANA. 2. PETITION # by ROBERT P RIEGE to amend the Wetland Inventory Maps by removing 1.59 acres of land from WETLAND TO NON-WETLAND on the property located North of 3078 FADNESS ROAD in Section 3, TOWN OF CHRISTIANA.

2 ZLR Committee Work Meeting Agenda Page 2 of 2 December 13, 2011 VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: None 2. FINAL PLATS: a. Replat of the Legend at Bergamont (98 lots) (application deadline 12/11/11) Staff recommends a certification of non-objection. 3. CERTIFIED SURVEY MAPS: None VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. None. IX. OTHER BUSINESS 1. Review and possible action on the 2012 Zoning and Land Regulation Committee meeting schedule. 2. Report of approved Certified Survey Maps a. App # 9304, Greg Poast, Town of Roxbury, Section 18 (1 lot, 1.6 acres) b. App # 9305, Charles Heath, Town of Verona, Section 4/9 (2 lots, 39 acres) c. App # 9322, J Double O, Town of Cottage Grove, Section 27 (1 lot, 5.2 acres) d. App # 9306, Joseph Seltzner, Town of Sun Prairie, Section 18 (3 lots, 13.4 acres) e. App # 9316, Erickson Family Estate, Town of Springdale, Section 21 (3 lots, 40.4 acres) f. App # 9307, Guldsteen Farm LLC, Town of Pleasant Springs, Section 23 (1 lot, 6.5 acres) g. App # 9314, Urish Family Tr., Town of Rutland, Section 25 (2 lots, 4.0 acres) h. App # 9315, Ann Bjordahl, Town of Dunn, Section 22 (1 lot, 11.8 acres) i. App # 9317, Peter Schmitt, Town of Dane, Section 8 (2 lots, 5.0 acres) j. App # 9325, Bob Suter, Town of Mazomanie, Section 35 (1 lot, 15.5 acres) k. App # 9328, FJD Farm LLC, Town of Deerfield, Section 21 (1 lot, 0.7 acres) l. App # 9323, Engen, Town of Windsor, Section 36 (3 lots, 34.7 acres) X. ADJOURN Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: December 8, 2011

3 ZLR Committee Work Meeting Minutes Page 1 of 2 November 8, 2011 NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE NOVEMBER 8, 2011 MEETING MEMBERS PRESENT: Bruskewitz, Jensen, and Matano. Excused: Eicher and Miles. OTHERS PRESENT: Allan, Everson, and Lane I. CALL TO ORDER Acting Chair Matano called the meeting to order at 7:35pm in Room 351 of the City-County Building. II. APPROVAL OF MINUTES Motion by Bruskewitz / Matano to approve the minutes of the 10/11/11 and 10/25/11 meetings of the Zoning & Land Regulation Committee with a minor correction to the October 11, 2011 meeting minutes; motion carried, (Abstained: Jensen) The first motion on Item IV 2, October 11, 2011 ZLR minutes, shall have the word failed inserted to read, motion failed due to lack of second. III. PUBLIC COMMENT David Dinkel, Property Shop, stated that he would be willing to sit on a sub-committee to review road frontage requirements for certified survey maps if a sub-committee is established. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE OCTOBER 25, 2011 PUBLIC HEARING 1. PETITION # and CUP #2179 by SARAH MARIE REPPEN to change the zoning from A-1Ex Agriculture District to LC-1 Limited Commercial District to allow for a metal work business and a single family residence for the owner on the property located at 7429 Clemens Road in Section 13, TOWN OF DANE. TOWN: Approved with no condition Motion by Jensen / Bruskewitz to recommend approval of Petition #10351; motion carried, 3-0. Motion by Bruskewitz / Jensen to approval Conditional Use Permit #2179 with 6 conditions contingent upon Zoning Petition #10351 becoming effective; motion carried, The owner of the business shall reside in the residence on the property. There shall be only one residence on the property. 2. There shall be only one building housing the commercial activity. The building shall be limited to a 40 x 60 building. 3. There shall be no retail sales of product on the property. 4. The manufacturing and storage of product and materials shall be within the enclosed structure. 5. All manufacturing shall be performed with windows and doors closed to prevent excessive noise in neighborhood. 6. The noise levels of the operation shall not create a nuisance to neighboring properties.

4 ZLR Committee Work Meeting Minutes Page 2 of 2 November 8, 2011 V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # by ROBERT P RIEGE to change the zoning from A-1EX Agricultural District to RH-2 Rural Homes District to allow the creation of one residential lot on the property located East of 3097 FADNESS ROAD, in Section 3, TOWN OF CHRISTIANA. TOWN: Approved with no conditions Motion by Bruskewitz / Jensen to postpone; motion carried, PETITION # by ROBERT P RIEGE to amend the Wetland Inventory Maps by removing 1.59 acres of land from WETLAND TO NON-WETLAND on the property located North of 3078 FADNESS ROAD in Section 3, TOWN OF CHRISTIANA. TOWN: Approved with no conditions Motion by Jensen / Bruskewitz to postpone; motion carried, 3-0. VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: a. None 2. FINAL PLATS: a. None 3. CERTIFIED SURVEY MAPS: a. None VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. Reconsideration & possible action of Ordinance Amendment 23, Amending Chapter 75, Imposing a Preliminary Plat Review Extension Fee Motion by Bruskewitz / Matano to reconsider action on Ordinance Amendment 23, ; motion carried, 3-0. Motion by Bruskewitz / Jensen to postpone; motion carried, 3-0. IX. OTHER BUSINESS 1. Discussion on the format of the ZLR Staff report Zoning Administrator Lane informed the Committee that the look of the ZLR Staff report is changing due to the new Accela software being used to manage the permits and petitions for the Zoning Division. Suggested changes regarding the look or content are welcome. X. ADJOURN Motion by Jensen / Bruskewitz to adjourn the meeting at 8:03pm; motion carried, 3-0.

5 ZLR Committee Public Hearing Agenda Page 1 of 5 November 22, 2011 ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE NOVEMBER 22, 2011 PUBLIC HEARING MEMBERS PRESENT: Bruskewitz, Eicher, Jensen, and Miles. Excused: Matano. OTHERS PRESENT: Everson, Lane, Violante, and Members of the Public. I. CALL TO ORDER Chair Miles called the meeting to order at 7:32pm in Room 201 of the City-County Building. II. PUBLIC COMMENT No comments made by the public. III. PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND RESOLUTIONS AND ORDINANCE AMENDMENTS 1. PETITION # by ERICKSON LIVING TR to change the zoning from A-1EX Agriculture District to A-2 (8) Agriculture District to allow the separation of residences and farm buildings on the property located at 7369 Patten Road, in Section 16, TOWN OF VIENNA. IN FAVOR: Dan Paulson, Paulson Associates, represented Erickson Living Trust OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Bruskewitz / Eicher to recommend approval with amendment and condition; motion carried, The petition shall be amended to include the area for Lot 2 in the A-2 Agricultural Zoning District rather than the A-2(8) Agricultural Zoning District. The boundaries for Lot 2 shall be increased to 16 acres. 2. A deed restriction shall be placed on Lot 3 that prohibits the construction of a residence or residential buildings. 2. PETITION # by DOUGLAS B GEHRKE to change the zoning from B-1 Local Business District to A-2 (4) Agriculture District to allow the creation of an agriculture parcel for the pasturing of animals on the property located at 3612 State Highway 19 in Section 2, TOWN OF BURKE. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Jensen / Bruskewitz to recommend approval with conditions; motion carried, Fencing shall be removed from the property. 2. Dane County Land and Water Resources shall approve a manure management plan prior to the keeping of animals on the property.

6 ZLR Committee Public Hearing Agenda Page 2 of 5 November 22, PETITION # by J & A LLC to change the zoning from RH-1 Rural Homes District to RH-2 Rural Homes District to allow a lot line adjustment on the property located at 3913 Timber Lane in Section 24, TOWN OF CROSS PLAINS. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Pending Motion by Eicher / Bruskewitz to postpone; motion carried, PETITION # and CONDITIONAL USE PERMIT # 2181 by CHAD R BECKER to change the zoning from RH-1 Rural Homes District to A-2 (4) Agriculture District to allow zoning compliance for structures and a CUP to allow a limited family business on the property located at 934 County Highway N in Section 16, TOWN OF DUNKIRK. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Eicher / Jensen to recommend approval of Zoning Petition #10360; motion carried, 4-0. Motion by Eicher / Jensen to approve Conditional Use Permit #2181 with 4 conditions contingent upon Zoning Petition #10360 becoming effective; motion carried, The business operation shall be limited to a graphic design studio within the existing building. Additions to the existing building and sanitary fixtures are permitted. 2. Hours of operation shall be from 8:00am to 5:00pm. 3. All employess, except one or one full-time equivalent, shall be a member of the family residing on the property. 4. The conditional use shall expire upon sale of the property to a non-family member. 5. PETITION # by QUISLING LIVING TR to change the zoning from A-1Ex Agriculture District to RH-3 Rural Homes and RH-4 Rural Homes District to allow the separation of an existing residence and creation of a residential lot on the property located at 9008 Far view Road in Sections 8 and 17, TOWN OF BERRY. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Jensen / Bruskewitz to recommend approval with condition; motion carried, A deed restriction shall be placed on the northerly 1200 feet of the property prohibiting development until such time as engineering plans and architectural plans have been submitted to and approved by the Town and Dane County. The deed restriction may be removed by Dane County through the process under Dane County Ordinance section (3)(b). 6. CONDITIONAL USE PERMIT # 2184 by DAVID A ANDERSON to allow a day care center on the property located at 2402 Robert Street in Section 9, TOWN OF DUNKIRK. IN FAVOR: David Anderson, Kate Dennis, Donald Dargel, Laurel Draeger, Carmen Norgaard, Joshua Norgaard, Mike Kleist, Jennifer Vaade, Chris Tatge, Dunkirk Plan Commission Chair Jim Olsen, Matthew Funk, Bridget Smith, and Luke Dennis. OPPOSED: Edmund Ross, Rod Trunzo STAFF: P&D, HWY TOWN: Pending Motion by Bruskewitz / Eicher to postpone; motion carried, 4-0.

7 ZLR Committee Public Hearing Agenda Page 3 of 5 November 22, CUP # 2187 by JOHNSON LIVING TR to allow a duplex in the C-1 Commercial Zoning District on the property located at 2700 County Highway V in Section 5, TOWN OF BRISTOL. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Eicher / Bruskewitz to approve Conditional Use Permit #2187 with 2 conditions; motion carried, The existing building shall be permitted to be used for a two-family dwelling. 2. Parking on County Highway V shall be prohibited. 8. CUP # 2188 by LIVESEY EQUESTRIAN PARK LLC to allow a horse stable/riding arena and plumbing in accessory building the on the property located at 1649 Sharpes Corner Road in Section 32, TOWN OF SPRINGDALE. IN FAVOR: Ken Meigs representing Livesey Equestrian Park OPPOSED: Andre Fleuette STAFF: P&D, HWY TOWN: Pending Motion by Jensen / Eicher to postpone; motion carried, ORDINANCE AMENDMENT NO. 25, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Black Earth Comprehensive Plan into the Dane County Comprehensive Plan and Farmland Preservation Plan. IN FAVOR: Black Earth Town Chair Kenneth Olson OPPOSED: None TOWN: Approved Motion by Bruskewitz / Jensen to recommend approval; motion carried, 4-0. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # by THOMAS M MIDTHUN to change the zoning from A-2 Agriculture District to A-1EX Agriculture District to comply with agricultural preservation policies on the property located at the northwest corner of County Highway V and Wibu Road intersection in Section 15, TOWN OF VIENNA TOWN: Approved Motion by Jensen / Eicher to recommend approval; motion carried, 4-0. V. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: None 2. FINAL PLATS: a. University Crossing, City of Madison (8 lots) (application deadline 12/01/11) Staff recommends a certification of non-objection. Motion by Eicher / Bruskewitz to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; motion carried, 4-0.

8 ZLR Committee Public Hearing Agenda Page 4 of 5 November 22, CERTIFIED SURVEY MAPS: a. Variance request for Melissa Wee & Ken Keryluk, Town of Verona, Section 4, to allow a proposed 2-lot Certified Survey Map to be less than the minimum frontage of 66-feet to facilitate the possible development of a public right-of-way that could service additional lots. Lot 1 is proposing no road frontage from Shady Oak Lane. Motion by Jensen / Bruskewitz to grant a variance from Dane County Code of Ordinance Section 75.19(6)(b) to allow proposed lot 1 to have 0 feet of public road frontage along Shady Oak Lane; motion carried, 4-0. b. Variance request for Carter Hudson, LLC, Town of Black Earth, Section 23, to allow a proposed 1-lot Certified Survey Map to be less than the minimum frontage of 66-feet to facilitate the possible development of a public right-of-way that could service additional lots. Lot 1 is proposing no road frontage from Carter Road. Motion by Bruskewitz / Eicher to grant a variance from Dane County Code of Ordinance Section 75.19(6)(b) to allow proposed lot 1 to have 0 feet of public road frontage along Carter Road; motion carried, 4-0. VI. RESOLUTIONS 1. None. VII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT NO. 25, Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Black Earth Comprehensive Plan into the Dane County Comprehensive Plan and Farmland Preservation Plan. See motion above. 2. ORDINANCE AMENDMENT NO. 29, Amending Ch. 2 & 75, Violations and Penalties of the Land Division and Subdivision Regulations. Motion by Miles / Eicher to recommend approval; motion carried, 4-0. VIII. OTHER BUSINESS 1. Discussion and possible action on a variance request application by Supervisor Patrick Downing on behalf of the Town of Perry with regards to granting a waiver from Dane County Code of Ordinance Section 75.19(6)(b) for relief of 66-foot street frontage requirement for several parcels at and around 1359 County Highway Z, Section 6, Town of Perry. Motion by Eicher / Jensen finding that the request variance is unnecessary at this time. The Zoning and Land Regulation Committee has considered the request by the Town of Perry for a variance from the frontage requirements of the Dane County Land Division ordinance. Since the request was filed, the Town has adopted a resolution establishing a Parkway that runs from County Highway Z through the Park and abuts upon adjacent lands. The Committee finds that the Parkway creates legal access for the lands that abut and front along the Parkway. Therefore, the Town s request for a variance is moot; motion carried, Discussion of Department of Transportation concerns regarding Schuster Playtime Farm, 1326 US Highway 12 & 18, Town of Deerfield Zoning Administrator Lane informed the Committee that the Zoning Division received an from Rita Lybek, Access Management Specialist for the Department of Transportation (DOT), concerning the traffic conditions at Schuster Playtime Farm. The landowner will be working with the Department of Transportation to develop a plan to accommodate the traffic at the business entrance.

9 ZLR Committee Public Hearing Agenda Page 5 of 5 November 22, Review and possible action on the 2012 Zoning and Land Regulation Committee meeting schedule. The Committee reviewed the proposed 2012 ZLR schedule. Several meeting dates will need to be changed to coordinate with the County Board schedule. The December public hearing will be combined with the work meeting that is scheduled for December 11 th. Staff was instructed to revise the schedule. IX. ADJOURN Motion by Bruskewitz / Eicher to adjourn the meeting at 10:03pm; motion carried, 4-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 11/23/11 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

10 Dane County Staff Report Zoning and Land Regulation Committee Public Hearing Date: September 27, 2011 Area: 4 acres Survey Required: Yes Zoning Amendment: A-1 Exclusive Ag to RH-2 Rural Homes Reason: Creation of one Residential Lot ID Number: DCPREZ Applicant: Robert Riege Town /Sect: Christiana, Section 3 Location:East of 3097 Fadness Road Description: The petitioner would like to create a residential home site on a wooded portion of their property. Observations: The property is located approximately 300 feet from Mud Creek. The proposed area is indicated as being a wetland. The area consists entirely of Class II soils and is also hold the classification of hydric soil (Sable Silty Clay Loam-SaA). The FEMA maps designate this are as an undefined flood hazard area. However, a Letter of Map Amendment (LOMA) has been issued by FEMA for the property located on the west side of Fadness Road as being outside the flood hazard area, being all lands at elevation 850 feet and above. The proposal is located on lands laying at 857 to 862 feet. Town Plan: The property is designated as an Agricultural Preservation area. It is also located in an Environmental & Resource Protection Area. The plan discourages development in the floodplain, wetland, and woodlands within the Protection Area. See attached Town policy. Staff: Staff has expressed concerns to the petitioner s agent that the area may be unsuitable for development. Town: Approved with no conditions. See letter from Town Chair. 9/27 ZLR: Postponed due to no town action. 10/11 ZLR: Postponed to acquired comments from DNR. Staff Update: DNR has expressed concerns regarding the rezoning of this area. See letter from Heidi Kennedy, DNR Shoreland Policy Coordinator. 11/8/ ZLR: Petitioner requested postponement to have time to provide additional information. Staff Update: See from David Dinkel regarding response to Heidi Kennedy s letter and information regarding water table for the area. Town Action: Approved with no conditions 10/5/11. ZLR Action: Postponed 9/27/11, 10/11/11, and 11/8/11. County Board Action:

11 Regarding Petition # TOWN BOARD ACTION REPORT REZONE Dane County Zoning & Land Regulation Committee Public Hearing Date Christiana 9/27/2011 Whereas, the Town Board of the Town of having considered said zoning petition, be it therefore resolved that said petition is hereby (check one): Approved Denied Postponed Town Planning Commission Vote: in favor opposed abstained Town Board Vote: 2 in favor 0 opposed 0 abstained THE PETITION IS SUBJECT TO THE FOLLOWING CONDITION(S) (Check all appropriate boxes): 1. Deed restriction limiting use(s) in the zoning district to only the following: 2. Deed restrict the balance of A-1 EX Agricultural Exclusive zoned land owned by the applicant from the original farm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide property description, or tax parcel number(s): 3. Deed restrict the applicant's property described below prohibiting division. Please provide property description, or tax parcel number(s): 4. Condition that the applicant must record a Notice Document which states all residential development units (a.k.a. splits) have been exhausted on the property, and further residential development is prohibited under Town & County Land Use Planning policies. Please provide property description, or tax parcel number(s): 5. Other Condition(s). Please specify: See Letter Please note: The following space is reserved for comment by the minority voter(s), OR, for the Town to explain its approval if the decision does not comply with the relevant provisions of the Town Plan. Sandy Everson Christiana 10/5/2011 Sandy Everson 10/6/2011 I,, as Town Clerk of the Town of, County of Dane, hereby certify that the above resolution was adopted in a lawful meeting of the Town Board on Town Clerk Date: (2/06) WEB

12 Page 1 of 2 Lane, Roger From: Dave [dave@propertyshop-realtors.com] Sent: Wednesday, November 30, :31 PM To: Kennedy, Heidi; Lane, Roger; Miles, Patrick Subject: Dane County Zoning Petitions #10340 and #10342/ Fadness Road in the Town of Christiana-Riege 28 November 2011 RE: Dane County Zoning Petition #10340 and #10342/ Fadness Road in the Town of Christiana- Riege Dear Ms. Kennedy, Dane County staff, et al, Attached to this is a copy of Ms. Kennedy s dated 20 October 2011, which was supplied to us by Dane County Zonin g Administrator Roger Lane, and a copy of an we received from Mr. Lane dated 14 October We assume the Taylor Conservation Delineation Report regarding this project was sent prior to these above s, and upon review was found by the DNR to be in compliance. Ms. Kennedy s recites NR115, which references seven issues for possible significant adverse impacts. We wish to point out that NONE of these issues are pertinent to and/or are significantly adversely impacted by the proposed project. The proposed petition calls for one single family residence on a four acre lot adjacent to farm fields lying southerly of U.S. Hwy 12/18. This proposed lot is directly across Fadness Road from a similar lot that was created and re-zoned in 2006, and which currently has a lovely home and shed on the property. We are not proposing a large development in a pristine natural are a; we are only proposing a homesite discreetly placed in a small woodlot. Dane County requires a 75 foot buffer zone around a delineated wetland. Our understanding is this buffer zone is NOT a requirement of the DNR, the Army Corps of Engineers, or most other statewide agencies. Effectively, our petition proposes that the 75 foot buffer be moved easterly to create an adequate building envelope. No structure need be built in the delineated wetland area. Additionally, most counties in the state have extensive histories of re-zoning from wetland overlay districts, and frequently those wetland re-zones actually put structures on the wetland, as opposed to our proposed project. If it is determined that we need permission from the DNR or the Army Corps of Engineers, we will make those applications. Logically, this part of Dane County will be treated the same as the rest of the state. Addressing Ms. Kennedy s paragraph regarding the floodplain issue, the FEMA maps are in error. The Wisconsin DOT has established that the Base Flood Elevation for Mud Creek immediately south of U.S. Hwy 12/18 is feet. The area we propose to remove from wetland status is eight vertical feet above the Wisconsin DOT elevation. It is problematic that the FEMA maps do not come with a large disclaimer indicating their gross inaccuracy. Regarding the Kennedy s concerns about the water table, we recently did 4 soil borings to determine the water table levels. Those borings show the present water table at This compares strongly to the ground water elevation of noted in the perc test data 12/6/2011

13 Page 2 of 2 from 12 February 2007 for the home built across Fadness Road. The results are shown on the attached Site Cross Section (Map and P rofile), which lays out all the pertinent information for building on the proposed site. Many areas of the county have water tables that are elevated. In that elevated water table situation, the modern construction technique is to undercut the basement, and add clear stone. This alleviates the hydrostatic pressure and greatly decreases the use of a sump pump. The neighbor across the road with the similar situation used the above building technique. His home is probably lower in the ground than the home on our proposed site would be, he has a 9 basement, and he has stated that his sump pump does not run. Referring to the Site Cross Section Profile, it is easy and normal to build a house that has a 9 basement, which would only slightly impact the water table. Only a small amount of water from the 854 level would be discharged onto the 857 level and be reabsorbed. As with the neighbor located just 300 feet away, the sump pump would hardly ever run. There will be no significant dewatering of the upper level subsurface water. Regarding other potential impacts of a home in the woods adjacent to a wetland, a homeowner is much more caring of the woods than is a farmer. Mr. Riege is an excellent steward of his land, and has very deep roots in this community. However, he is a grain farmer, and the woodlots on his lands are of lesser concern to him. The homeowner with a $300,000 or more homestead investment will cherish the property and be a protector of the woods and marsh. Certainly trees will be removed and appropriate cover crop will be established as typical on a wooded homesite. We understand the existing rights to use these practices are standard as part of silviculture and agriculture. In his 14 October , Zoning Administrator Lane indicates that this proposed re-zoning is not in compliance with the Christiana Town Comprehensive Plan. In our opinion that is not an accurate interpretation of the Plan. In short, the Plan affirms the Landowner s right to a building site on that farm, allows for building in the woods or on the cropland, but states a preference that there not be building on the cropland. Attached is a letter from the Town Chairman addressing the issue. Thank you to the governmental staff and members of the zoning committee for your continued efforts on this set of petitions. Please use the accurate information presented here to revise your analysis of this project. I am available to meet as necessary to further review the information, and will contact various individuals by phone or to set up additional discussion. I will gladly accomodate your schedules for site visits by groups and/or ind ividuals. I may be reached at or dave@propertyshop-realtors.com. Sincerely, David R. Dinkel as Authorized Agent for Bob and Kim Riege David R. Dinkel RE/MAX Property Shop 12/6/2011

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24 Dane County Staff Report Zoning and Land Regulation Committee Public Hearing Date: September 27, 2011 Area: 1.6 acres Survey Required: Yes Zoning Amendment: Wetland to non-wetland Reason: Removal of wetland designation for a portion of land from the Wetland Inventory Map in order to create a residential lot ID Number: DCPREZ Applicant: Robert Riege Town /Sect: Christiana, Section 3 Location: East of 3078 Fadness Road Description: The petitioner would like to declassify a portion of a wetland in order to create a residential building site with adequate setbacks. Observations: The 1986 DNR Wetland Inventory Maps designates this location as a forested wetland having wet soils with broad-leaf deciduous trees (T3K). The National Wetland Inventory Maps (US Fish & Wildlife Service) also classifies this location as a freshwater-forested wetland. An initial field inspection, see letter dated April 25, identified this area as a wetland. Town Plan: The Town Plan identifies this area as being in the Environmental & Resource Protection Area. The policies discourage development in these locations that impacts wetlands, floodplain, or woodlands. Staff: Pursuant to DCCO (2), the Committee must find that the removal of wetland classification for a wetland area may not have adverse impacts upon any of the following: storm water capacity; flow of groundwater; filtering of water before draining into a stream; shoreline protection; fish breeding grounds; wildlife habitat; and areas of special interest. Town: Approved with no conditions. 9/27 ZLR: Postponed due to no town action. 10/11 ZLR: Postponed to acquire comments from DNR. Staff Update: DNR has expressed concerns regarding the rezoning of this area. See letter from Heidi Kennedy, DNR Shoreland Policy Coordinator. 11/8/ ZLR: Petitioner requested postponement to have time to provide additional information. Staff Update: See from David Dinkel regarding response to Heidi Kennedy s letter and information regarding water table for the area. Town Action: Approved with no conditions 10/5/11. ZLR Action: Postponed 9/27/11, 10/11/11, and 11/8/11. County Board Action:

25 TOWN BOARD ACTION REPORT REZONE Regarding Petition # Dane County Zoning & Land Regulation Committee Public Hearing Date Christiana 9/27/2011 Whereas, the Town Board of the Town of having considered said zoning petition, be it therefore resolved that said petition is hereby (check one): Approved Denied Postponed Town Planning Commission Vote: in favor opposed abstained Town Board Vote: 2 in favor 0 opposed 0 abstained THE PETITION IS SUBJECT TO THE FOLLOWING CONDITION(S) (Check all appropriate boxes): 1. Deed restriction limiting use(s) in the zoning district to only the following: 2. Deed restrict the balance of A-1 EX Agricultural Exclusive zoned land owned by the applicant from the original farm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide property description, or tax parcel number(s): 3. Deed restrict the applicant's property described below prohibiting division. Please provide property description, or tax parcel number(s): 4. Condition that the applicant must record a Notice Document which states all residential development units (a.k.a. splits) have been exhausted on the property, and further residential development is prohibited under Town & County Land Use Planning policies. Please provide property description, or tax parcel number(s): 5. Other Condition(s). Please specify: See Letter Please note: The following space is reserved for comment by the minority voter(s), OR, for the Town to explain its approval if the decision does not comply with the relevant provisions of the Town Plan. Sandy Everson Christiana 10/5/2011 Sandy Everson 10/6/2011 I,, as Town Clerk of the Town of, County of Dane, hereby certify that the above resolution was adopted in a lawful meeting of the Town Board on Town Clerk Date: (2/06) WEB

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28 Page 1 of 2 Lane, Roger From: Dave [dave@propertyshop-realtors.com] Sent: Wednesday, November 30, :31 PM To: Kennedy, Heidi; Lane, Roger; Miles, Patrick Subject: Dane County Zoning Petitions #10340 and #10342/ Fadness Road in the Town of Christiana-Riege 28 November 2011 RE: Dane County Zoning Petition #10340 and #10342/ Fadness Road in the Town of Christiana- Riege Dear Ms. Kennedy, Dane County staff, et al, Attached to this is a copy of Ms. Kennedy s dated 20 October 2011, which was supplied to us by Dane County Zonin g Administrator Roger Lane, and a copy of an we received from Mr. Lane dated 14 October We assume the Taylor Conservation Delineation Report regarding this project was sent prior to these above s, and upon review was found by the DNR to be in compliance. Ms. Kennedy s recites NR115, which references seven issues for possible significant adverse impacts. We wish to point out that NONE of these issues are pertinent to and/or are significantly adversely impacted by the proposed project. The proposed petition calls for one single family residence on a four acre lot adjacent to farm fields lying southerly of U.S. Hwy 12/18. This proposed lot is directly across Fadness Road from a similar lot that was created and re-zoned in 2006, and which currently has a lovely home and shed on the property. We are not proposing a large development in a pristine natural are a; we are only proposing a homesite discreetly placed in a small woodlot. Dane County requires a 75 foot buffer zone around a delineated wetland. Our understanding is this buffer zone is NOT a requirement of the DNR, the Army Corps of Engineers, or most other statewide agencies. Effectively, our petition proposes that the 75 foot buffer be moved easterly to create an adequate building envelope. No structure need be built in the delineated wetland area. Additionally, most counties in the state have extensive histories of re-zoning from wetland overlay districts, and frequently those wetland re-zones actually put structures on the wetland, as opposed to our proposed project. If it is determined that we need permission from the DNR or the Army Corps of Engineers, we will make those applications. Logically, this part of Dane County will be treated the same as the rest of the state. Addressing Ms. Kennedy s paragraph regarding the floodplain issue, the FEMA maps are in error. The Wisconsin DOT has established that the Base Flood Elevation for Mud Creek immediately south of U.S. Hwy 12/18 is feet. The area we propose to remove from wetland status is eight vertical feet above the Wisconsin DOT elevation. It is problematic that the FEMA maps do not come with a large disclaimer indicating their gross inaccuracy. Regarding the Kennedy s concerns about the water table, we recently did 4 soil borings to determine the water table levels. Those borings show the present water table at This compares strongly to the ground water elevation of noted in the perc test data 12/6/2011

29 Page 2 of 2 from 12 February 2007 for the home built across Fadness Road. The results are shown on the attached Site Cross Section (Map and P rofile), which lays out all the pertinent information for building on the proposed site. Many areas of the county have water tables that are elevated. In that elevated water table situation, the modern construction technique is to undercut the basement, and add clear stone. This alleviates the hydrostatic pressure and greatly decreases the use of a sump pump. The neighbor across the road with the similar situation used the above building technique. His home is probably lower in the ground than the home on our proposed site would be, he has a 9 basement, and he has stated that his sump pump does not run. Referring to the Site Cross Section Profile, it is easy and normal to build a house that has a 9 basement, which would only slightly impact the water table. Only a small amount of water from the 854 level would be discharged onto the 857 level and be reabsorbed. As with the neighbor located just 300 feet away, the sump pump would hardly ever run. There will be no significant dewatering of the upper level subsurface water. Regarding other potential impacts of a home in the woods adjacent to a wetland, a homeowner is much more caring of the woods than is a farmer. Mr. Riege is an excellent steward of his land, and has very deep roots in this community. However, he is a grain farmer, and the woodlots on his lands are of lesser concern to him. The homeowner with a $300,000 or more homestead investment will cherish the property and be a protector of the woods and marsh. Certainly trees will be removed and appropriate cover crop will be established as typical on a wooded homesite. We understand the existing rights to use these practices are standard as part of silviculture and agriculture. In his 14 October , Zoning Administrator Lane indicates that this proposed re-zoning is not in compliance with the Christiana Town Comprehensive Plan. In our opinion that is not an accurate interpretation of the Plan. In short, the Plan affirms the Landowner s right to a building site on that farm, allows for building in the woods or on the cropland, but states a preference that there not be building on the cropland. Attached is a letter from the Town Chairman addressing the issue. Thank you to the governmental staff and members of the zoning committee for your continued efforts on this set of petitions. Please use the accurate information presented here to revise your analysis of this project. I am available to meet as necessary to further review the information, and will contact various individuals by phone or to set up additional discussion. I will gladly accomodate your schedules for site visits by groups and/or ind ividuals. I may be reached at or dave@propertyshop-realtors.com. Sincerely, David R. Dinkel as Authorized Agent for Bob and Kim Riege David R. Dinkel RE/MAX Property Shop 12/6/2011

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48 DANE COUNTY ZONING & LAND REGULATION COMMITTEE 2012 Meeting Schedule Note: Public Hearings begin at 7:30 p.m. in the City-County Building, Room 201 (except as noted) Work Meetings begin at 7:30 p.m. in the City-County Building, Room 351 (except as noted) Application Deadline 3 rd Thursday Public Hearing Tuesday Work Meeting Tuesday County Board 1 st & 3 rd Thursday November 17, 2011 January 24, 2012 February 7, 2012 December 15, 2011 February 21, 2012 March 06, 2012 February 2, 2012 February 16, 2012 March 1, 2012 March 15, 2012 March 29, 2012 January 19, 2012 March 20, 2012 Room 351 April 24, 2012 April 19, 2012 February 16, 2012 April 24, 2012 May 8, 2012 March 15, 2012 May 22, 2012 June 12, 2012 May 3, 2012 May 17, 2012 June 7, 2012 June 21, 2012 April 19, 2012 June 26, 2012 July 17, 2012 July 12, 2012 May 17, 2012 July 31, 2012 August 14, 2012 August 16, 2012 June 21, 2012 August 28, 2012 September 11, 2012 September 6, 2012 September 20, 2012 July 19, 2012 September 25, 2012 October 9, 2012 October 4, 2012 October 18, 2012 August 16, 2012 October 23, 2012 November 13, 2012 Room 354 November 1, 2012 November 15, 2012 September 20, 2012 November 27, 2012 Room 351 December 11, 2012 Room 351 December 6, 2012 December 20, 2012 October 18, 2012 December 11, 2012 Room 351 January 8, 2013 November 15, 2012 January 22, 2013 February 12, 2013 December 20, 2012 February 26, 2013 March 12, 2013 January 3, 2013 January 17, 2013 February 7, 2013 February 21, 2013 March 7, 2013 March 21, 2013 January 17, 2013 March 27, 2013 (Wed) April 9, 2013 April 4, 2013 April 18, 2013 Tentative County Board date based on 1 st and 3 rd Thursday not yet approved H:\Zoning\ZLR\Schedules\2012 ZLR Draft Meeting schedule.doc