Zoning & Land Regulation Committee - Regular Meeting

Tuesday, July 28, 2026

The Zoning and Land Regulation Committee approved numerous rezone petitions and conditional use permits, many with specific conditions related to land division, transfer of development rights, or operational requirements. Two petitions from Dane County for a rural industrial rezone and clay removal were postponed pending town action.

About this meeting

Government Body
Zoning & Land Regulation Committee
Meeting Type
Zoning & Land Regulation Committee
Location
Dane County, WI
Meeting Date
July 28, 2026

Transcript

301 sections

0:00 – 1:20Speaker 6

Time is 636, and I would like to call the July 28th, 2026 meeting of the Zoning and Land Regulation Committee to order. This meeting is being held virtually only through the Zoom meeting app due to public safety concerns. All persons wishing to speak are required to register via the Zoom meeting app at least 30 minutes prior to the meeting. First, I would like to introduce the committee members and staff. My name is Michelle Doolin and I represent District 28. Supervisor Jeffrey Croning will be with us shortly. He represents District 21. And we have Supervisor David Peterson for District 36. And Supervisor Don Posler for District 29. And Supervisor Michelle Ritt for District 18. Staff members are Planning and Development Director Todd Violante, Interim Zoning Administrator Hans Hilbert, Assistant Zoning Administrator Rachel Holloway, Assistant Zoning Administrator Dan Everson, and Senior Planner Majeed Allen is excused.

1:22 – 2:30Speaker 6

So I have one announcement prior to the action items on this agenda regarding fraudulent emails being sent to zoning applicants. The public should be aware that people submitting zoning applications have received scam emails requesting payment on the county's behalf official correspondence from Dane County will always come from an email ending in at Dane County dot gov anyone who is he receives a suspicious email requesting payment is asked not to respond instead please contact planning and development office at 6, 0, 8, 2, 6, 6, 42, 66. All right, our next item is public comments for any items not listed on the agenda. So if anyone would like to comment on any items not listed on the agenda, please raise your hand and you will be allowed to speak. Staff, do we have anybody registered for any public items not on the agenda?

2:37 – 3:17Speaker 6

I meant to bring up the CLR list of registrants and didn't do that. All right. So the next item we have is the consideration of minutes. May I have a motion to approve the June 23rd, 2026 CLR committee site visit meeting minutes?

3:20 – 3:49Speaker 6

All right. We have a motion by Postler. Is there any questions, comments, or revisions by the committee before we take a vote? Right if not I'd like to have that recorded as having passed unanimously. May I have a motion to approve the July 14th 2026 the alarm committee meeting minutes.

3:51 – 7:05Speaker 6

All right we have a motion by Peterson. Is there any questions comments revisions or discussion before we take a vote. All right. If there is no objections, I would like to have that recorded as having passed unanimously. All right. No objections. All right. Motion passes. All right. The next item is public hearing for zoning map amendments, conditional use permits, and ordinance amendments. Before we begin, there are several items that I need to go over with everyone. Persons wishing to speak on an agenda item must have pre-registered at least 30 minutes in advance of this meeting on Zoom. All registrants will be recognized when the agenda item is called before the committee. I will be calling each petition as they appear on the agenda. Staff will provide a brief summary of the proposal and then inform the committee of registrants. Any registrants wishing to speak will have five minutes to address the committee. The order of the speakers for the public hearing will be as follows. People speaking in support, then people speaking in opposition, people will have five minutes to speak. If there is opposition, the applicant will have an opportunity to rebut the opposition. If there are no speakers, staff will provide a summary of the petition followed by committee discussion and action. If there is public opposition by committee rules, the petition will be postponed to a subsequent meeting so that concerns can be analyzed. If there is no town action by committee rules, the petition will be postponed until the town has taken action. If there is no public opposition, we have town action and there's no unresolved issues by staff or committee members, then the committee may take action on the petition. If the committee acts on a reason to petition the petition will be forwarded to the August 13th County Board meeting. If the petition is controversial. Then you may want to attend the board meeting. Committee action on conditional use permits is the final action by Dane County. But however decisions may still be appealed. If committee postpones action on a rezoning or CUP petition, it will be scheduled for a future meeting of the ZLR committee meeting. The next committee meeting is scheduled on Tuesday, August 25th. If the committee acts on a rezone petition, it will be forwarded to the August 13th County Board meeting. And if that petition is controversial, you might want to attend that meeting. All right. So our first petition is rezone petition 12,296, Kevin and Jessica Hansen in the town of Primrose.

7:08 – 8:23Speaker 4

Yes, the Hansens are looking to rezone some property in order to create three residential lots and one agricultural lot. You can see on the map here they're proposing to change some zoning to RR8, rural residential, for eight acres or more. And RR2 for two other smaller lots here along County Highway JG, as well as one lot that would be agricultural use, continued agricultural use would be rezoned to FP1, Farmland Preservation District, for properties less than 35 acres. We have the town of Primrose recommending approval with no conditions, but they emphasize that additional approvals from the Town Plan Commission and Board would be needed by future lot owners for driveways and exact building locations. Those are more comments, not necessarily conditions on the rezone, but we've included those in our staff report. We have a recommendation here for approval with no conditions, just through the recording of the certified survey map, which is presumed to be part of the petition and the way to finish this rezoning process. We had no other concerns here with environmental protection or comprehensive plan consistency, everything checked out. We have registered in support Kevin Hansen, He is available if you have questions for him.

8:26 – 9:04Speaker 6

Thank you, Rachel. All right. So what the committee has in front of them is the town recommendation of approval with no conditions. But again, emphasize that additional approvals from town plan commission and town board will be needed for driveways and exact building locations. So the staff recommends approval with no conditions, just the CSM would be. So with that, would the committee like to bring forth a motion?

9:04Speaker 8

PASLA recommends approval subject to the recording of the CSM.

9:10Speaker 6

All right, we have a motion by PASLA. Do we have a second?

9:14 – 9:50Speaker 6

We have a second by Peterson. Any discussions, questions, or comments about this petition before the committee takes a vote? All right. If not, all in favor say aye. Aye. All right. Motion passes unanimously. All right. Our next petition is rezone petition 12,297. Robert Speckman and Lisa Spina or Spina. Spina. Spina. Spina in the town of Dunn.

9:52 – 11:31Speaker 4

Yes, the applicants here are proposing to rezone some property right along the lake. This would be currently zoned RE recreational. This is an area that Along Lake Kashkanong has very old platting from around 1904. So a lot of parcel lines in this area. Occasionally we see petitions like this that are intended to clean up parcel lines. There's also some old road right away in here, which does affect their property, I believe. It's leading to, they have a few different tax parcels. They're just looking to consolidate that into one certified survey map lot. It would really clean up the map. and clean up the description of the property. And at this time, they would be rezoning it to SFR 8, single family residential, which is consistent with the surrounding properties in the neighborhood. And then they would record the one lot certified survey map to finalize the process. Now we have the town of Dunn, town board is recommending approval with no conditions. We had no concerns from environmental standpoint. There are environmental restrictions on the property being near the lake and subject to shoreline and floodplain. But those are things that even when there's construction proposed, they could deal with that through the permitting process. And the site is currently improved with structures. So we're recommending approval tonight with no conditions, just the recording of the CSM. I would also note that we did receive some public comments from neighbors in support of the proposal, which is always nice to see. We have Linda Spina as well as Paul Spetz available on Zoom. Linda's registered in support. Paul is registered as neutral, but as the surveyor, I'm presuming on board with the petition. So if you have questions for them, they're here.

11:35 – 11:49Speaker 6

Thank you, Rachel. All right, so what we have is the staff recommendation of approval with the recording of the CSM. With that, would a committee member like to bring forth a motion?

11:51Speaker 8

Make a motion to approve with the subject of the recording of the CSM.

11:54Speaker 6

All right, with a motion by Posler to approve with the CSM. Do we have a second?

12:02 – 12:34Speaker 6

We have a second by Peterson. Do we have any discussion questions or comments about this petition before we take a vote? If not, all in favor say aye. Aye. Aye. Motion passes unanimously. All right. Our next petition is rezone petition 12,298 Donald and Margo Benson in the town of Albion.

12:36 – 13:39Speaker 4

Yes, the Bensons are looking to rezone a little bit of property here. This is to add an expansion to their existing residential lot. You can see on the map here they have a property with RR2 zoning. They'd be looking to rezone some additional farmland to the north of the lot, also to RR2, so that it can be recorded as a new one lot certified survey map with that lot expansion. There's still no issues there with access. There is an existing driveway that actually is within this area proposed for rezoning. So this would result in a survey map lot that has the driveway right on the lot that it serves, which we always like. So that helps clean up the existing situation. Just kind of make it a little tidier. We had no other comments here. that are significant on this one. It's less than an acre. The town board has recommended approval with no conditions. Staff is recommending the same. And we have, excuse me, Dan Higgs available in support on Zoom if you have questions for him.

13:41 – 13:56Speaker 6

Great. Thank you, Rachel. Welcome. All right, so we have in front of us the staff recommendation approval with the recording of the CSM. That would a committee member like to bring forth a motion.

13:57Speaker 8

Postler moves approval with the recording of the CSM.

14:00Speaker 6

Great, we have a motion by Postler. Do we have a second?

14:07 – 14:21Speaker 6

And a second by Peterson. Any questions, comments, or discussion before we take a vote? All in favor, say aye.

14:24 – 14:36Speaker 6

Aye. All right. And Supervisor Ripp has put aye in the chat. So motion passes unanimously.

14:39 – 15:06Speaker 6

You bet. I'll just do that just so it's in the recorded meeting. I mean, it would be in there in the transcript, but it's not. All right. And then, let's see. Then we have our next petition is rezone petition 12,299, Brian and Janessa Henning in the town of Medina.

15:08 – 16:58Speaker 4

Yes, the Hennings are proposing to create one residential lot here at the very north edge of the town of Medina, where it borders town of York. This lot would have RR4 rural residential zoning for lots more than four acres in size. This would be about four and a half acres. They're also proposing to do this using a transfer of development rights, taking a split or development right from elsewhere in the town, transferring it to this property. Our senior planner has reviewed the proposed transfer of development rights and the proposed lot. Everything checks out with regard to the town comprehensive plan. That's all outlined in the report. Resource protection. We did not have concerns here given where there's plenty of upland and space on the lot that looks like suitable for development. And we also have Town Action. The Town of Medina Board has recommended approval with no conditions there. The Other thing to note, we're recommending approval tonight as staff, similar to the town. This property has an existing deed restriction from prior use of the splits. That's why a split needed to be transferred to it. So that restriction would no longer apply on this proposed lot. We're recommending approval tonight with four conditions. This includes transfer of development rights, overlay zoning on the sending and the receiving properties to help document that transfer. as well as a deed notice on the new lot indicating it was created via a transfer of development rights and also a conservation easement recorded on the sending property, effectively limiting that to farmland use and documenting that that has exhausted the development rights on that land. Brian Henning, we have spoken with the applicant. He's actually traveling out of country, so he was unable to attend tonight, but he did not have any concerns with the report as presented. and we have no other registrants.

16:59 – 17:12Speaker 6

Thank you, Rachel. All right. So what the committee has in front of them is the staff recommendation of approval with four conditions. So with that, would a committee member like to bring forth a motion?

17:13Speaker 8

Passer moves approval with the four noted conditions in the recording of the CSM.

17:21Speaker 6

JoAnne Hanrahan, All right, we have a motion by postler with the four conditions. JoAnne Hanrahan, Would.

17:29Speaker 8

JoAnne Hanrahan, There would.

17:30 – 17:42Speaker 6

JoAnne Hanrahan, be shoveled out of my mouth all right, we have a motion and a second to approve is there any discussion on this petition before we take a vote. JoAnne Hanrahan, If not all in favor say aye.

17:45 – 18:32Speaker 6

Aye. All right, just for a moment supervisor it dropped before voting but supervisor chronic is with us now so. So we have all eyes. And our. Let me just check. My phone. See if she's okay well. All right, our next petition is rezone petition 12,300 applicant, the county, Dane County, and in the town of Cottage Grove.

18:35 – 18:56Speaker 4

Yes, and this one, a petition from county agency, the Waste and Renewables Department and Dane County Highway Department have worked jointly on this petition. This involves property along County Highway N, south of Highway 12 and 18. Looks like we have Supervisor Ritt back on. I just want to make a note of that.

18:56Speaker 7

Pardon me a moment here. OK.

19:04 – 22:18Speaker 4

This property is currently zoned FP1 farmland preservation. It's a remnant of what was once a larger farm. It's about 32 acres in size. It's proposed for RI rural industrial zoning. And this would be, it's got a companion petition on our agenda, which would be a conditional use petition, number 2712. The purpose of this application here is twofold. One is to enable Waste and Renewables Department to do temporary mineral extraction or clay removal from the site. That's the purpose of the conditional use that's later on your agenda. But that would be for use with the county landfill project that's underway there. So this would open the door to that conditional use being approved. But then also the longer term, there's an administrative transfer occurring with this property. So it will continue to be county owned. The county is not selling it. But the intent here is that the county highway department would then have control of the land and be using that for a site of their own that they need for storage and staging of equipment and materials related to highway projects. They've identified this site as critical for their operations. So the RI zoning is proposed for those reasons. We do have a town of Cottage Grove is still considering the proposal. This has passed the town plan commission so far, but has yet to go to the town board. I believe that's occurring on August 3rd. The applicants I would mention, they have had discussion with the township on the proposal. So they're working through the requirements of mineral extraction, but also the highway would propose a new building here. A little over 200 square feet in size. There would be some outdoor storage areas associated with that, which the RI zoning would allow. They also would propose to have stormwater improvements on site, a new well, new septic system, or holding tank that's still being investigated is my understanding. There would be a fence enclosure, some restroom facilities. The report outlines some other aspects of the proposed use, but that's where it stands currently. They have had discussion with the town, as I mentioned, so there were initial comments from the town planner. Town of Cottage Grove, as the committee is aware, has a lot of ordinance standards and comprehensive plan policies that people have to get through and work with when they're developing their site plans. So this would be subject to the town's design review process as well, any development on the site. The town planner issued comments. The applicant team has responded to those comments. There are proposed deed restrictions that would limit, if this rezoning is approved, they would limit the allowable land uses that the RI district allows, so it wouldn't be opening the door to all of the the types of uses allowed by that district and that's to keep things more in keeping with the neighborhood and avoid negative impacts that could occur that way the town planner has issued some updated comments those are included in the packet for the committee's information at this time but tonight we're recommending postponement to allow more time for the town board to take action on the petition And we have John Welch and Allison Rathsack with Waste and Renewables available on Zoom, registered in support if you have questions.

22:23 – 22:48Speaker 6

All right. Thank you, Rachel. So what we have in front of us is, let's see, the staff recommendation of postponement pending town action. Would a committee member like to bring forth a motion? I can see that.

22:50Speaker 7

I'll make the motion to postpone.

22:53Speaker 6

All right. We have a motion by Kernig to postpone. Do we have a second?

22:57Speaker 8

Passer seconds.

22:58Speaker 6

We have a second by Passer. All right. Supervisor Peterson, you have a comment.

23:04 – 24:40Speaker 2

Thank you, Chair. There is a neighbor, and I'm traveling this week, so I don't, of course, I'd Did not bring my full notes with me, but Todd Welch and I have been conversing with a neighbor who has – his name is John, and I murdered his name a million times. So it starts with an H. I know John's on, so he could – Help me here. But again, I'm flying somewhat blind here. But essentially, the neighbor and his son have been leasing the land for 20 some odd years. He leased the land with the understanding that at some point the clay extraction would have to happen. His understanding, right, wrong, or indifferent, was that at some point he could either purchase the land or continue to lease the land. He's very concerned about the ability to continue to grow crops on the land. Obviously, if the highway department builds a building on that, he can no longer farm on that land. Mr. Welch has been doing, definitely going above and beyond trying to help this resident. But I figured just offering this up as comment just for clarity and context that there is a resident that has been using the land for 20 plus years and is very concerned about it disappearing or not having the ability to buy the land. I understand we own the land. it's our land, we can do what we need to do with it. But just wanted to offer that up just for conversation more than anything. And again, I don't know if it's necessarily germane, but I thought it was important to mention. So chair, happy to answer any questions, but that's my comment for this agenda item. Thank you.

24:41 – 24:56Speaker 6

All right. So just to clarify, Supervisor Peterson, he's just like following the clay extraction, then he's concerned that it will not be farmable.

24:56 – 25:38Speaker 2

Correct. And we, I've had several conversations with the resident around like what, what is, and then made no promises, but I said, you know, what does ideal look like? What is, what is, you know, what would you like to see happen, you know, or what is the compromise here? And I have not had a chance just because I'm traveling to talk to the highway department and talk to Clement over there. But that was my step next step in my process here, but I just haven't had a chance to yet. I understand we're postponing this so that it still would be the next stop, but Yeah, I think his hope, the resident's hope was that the clay would be extracted, it would be backfilled with a top dressing and then he could go back to farming it via a lease or buy it outright.

25:40 – 26:14Speaker 6

Okay. Thank you for advocating for the resident there. And I don't know that Question for staff would that be germane would questions about that piece be germane to see a large parameters here or is that something that is that should be handled outside like the committee. Like with other departments of the county.

26:16 – 27:09Speaker 3

I think that there's a number of strings attached to that. We're aware that there's a right to first refusal if the county was to sell the property. However, this is an area that's identified in the town of Cottage Grove plan for commercial development. So we find that it's in line with the policies of the town and the direction that the county needs right now and the future land uses for this site are addressed. Gotcha. I think that other departments probably have their opinions on that, and Corporation Council on the terms of the lease and the right to first refusal, I'd defer to them. But what's germane to the committee here is the suitability of land use at this time.

27:10 – 27:31Speaker 6

Okay. Thank you for clarifying. All right. Is there any other questions or comments about this petition? All right. So we have, I believe we have a motion by Cronig and a second by Posler for approval or not approval for postponement.

27:33Speaker 6

Yes. So all in favor, say aye.

27:39Speaker 6

All right. Motion passes unanimously.

27:45Speaker 4

So now we're at a five-member committee, right?

27:48Speaker 6

Yes, we're back to five.

27:50Speaker 4

So I'll make sure I record it properly. Thank you.

27:53 – 28:13Speaker 6

You bet. So we have a companion CUP with this, CUP 2712. And so can we get a motion to suspend the rules to take up that piece next just for efficiency?

28:15Speaker 8

Just for a point of clarification, would that apply with the postponement?

28:22Speaker 6

That's a good question.

28:23Speaker 3

Yes, we should still hold the public hearing on the conditional use permit, and you'll see that the staff recommendation is also postponement. Okay.

28:32Speaker 8

With that, I will make a motion to suspend the rules and bring that accompanying piece before us.

28:40Speaker 6

All right. We have a motion by Postler. Do we have a second?

28:45Speaker 7

I'll second.

28:46Speaker 6

Right, we'll second by croning. All in favor say aye.

28:52 – 29:05Speaker 6

All right, passes unanimously. All right, so we have rezone petition 27, well, applicant being 20, and it's on the Scottish Grove.

29:08 – 31:04Speaker 10

Ready? Yeah, so I can provide a little overview with regards to the conditional use permit. Technically, it's for mineral extraction, although the request is to remove clay. According to the Highway Department, there's an average thickness of about 2.8 or 3 feet of clay throughout the entire site that is going to be used to haul northerly on Highway N and then west on 12 and 18 to the landfill. There are no sensitive environmental features within this property or within 300 feet of the property. And as you heard earlier, the town has postponed action. So we do not have town action report. Although I do want to touch base on a couple of the conditions. The town of Cottage Grove did not want to see any activity on Saturdays. And so Condition number 23 will be revised for the next meeting if we do have this in front of you for the August 25th meeting. And the hours of operation will be from 7am to 6pm Monday through Friday with no operations on Saturdays or Sundays or the highlighted holidays. The town did ask for another condition, and that is number 38. Before commencement of mineral extraction operations, the applicant shall apply for and obtain town approval of a non-metallic mineral extraction permit under Town Code Chapter 17. The town of Conners Grove does have their own ordinances with regards to mineral extraction uses. If there's any other questions, I know that was a very brief overview, but I know we have a couple of representatives from the Highway Department, and I can assist if there's any other questions.

31:05Speaker 6

Right. Thank you.

31:10 – 31:30Speaker 10

And I should note, the duration of the actual CUP is very short term, less than a year. The anticipated start would be sometime maybe this year, this year, 2027, with reclamation achieved of the site fall of 2027.

31:30Speaker 6

All right, thank you. Supervisor Kroenig.

31:41 – 31:52Speaker 7

Yeah, I was just kind of curious. Reclamation, basically restoring it back to farmland condition or what is reclamation?

31:52 – 32:15Speaker 10

So if approved the reasonable petition, which is the rural industrial district, um, the reclamation plan has to be consistent with the underlying zoning of the property. So if the zoning has changed from farmland preservation to this rural industrial district, the reclamation plan has to coincide with those future uses.

32:23 – 32:36Speaker 7

Does that help, answer? So I guess, what will it look like, I guess, when it's after reclamation?

32:36 – 33:21Speaker 10

So I would refer you back to the rezone petition, the rural industrial request. And so you have a handful of buildings with storage facilities. um that are being proposed by the for the highway department so if the if the zoning has changed from farmland preservation to the rural industrial zoning district the county does not have to return that land back to farmland or agricultural uses trying to pull up the plan but it's not cooperating okay it's

33:22 – 33:52Speaker 6

uh i i think i know where we're at thank you great thank you all right so right now we have the staff recommendation of um postponement so until the town takes action um and with that would a committee member like to bring forth a motion i'll make a motion to postpone Right motion by possible to postpone we have a second.

33:55Speaker 7

I can second.

33:56 – 34:21Speaker 6

We have a second by crony. Any discussions questions or comments. Before we take a vote. I do have a question from from would we have for Who do we have for staff for this project?

34:22Speaker 10

We have John Walsh and then we have Allison Rastak.

34:27 – 34:46Speaker 6

Just because I'm unfamiliar with non-metallic extraction of clay, how does this process differ from aggregate? And then what is it going to be used for?

34:49Speaker 1

Hello, can you hear me?

34:52 – 36:04Speaker 1

All right. Thank you, John. Hi, how are you? Good. Yes, to answer your question, so how this generally looks is that the topsoil is taken off first or stripped and stockpiled on site to save that for eventual restoration. And then we go in with typically excavators. So track excavators and dig up and remove the clay, follow kind of the where the clay is and load that into trucks and haul it off site. And then the site as part of the restoration plan is graded to kind of its final grading plan. So soils on site are moved generally to allow for proper stormwater management. And then the topsoil that was saved is placed back over top of the entire area and then seeded with grass seed. The clay itself is hauled off site and in this case will be used as a barrier liner or layer at the bottom of the landfill as a requirement, a part of design and state statutes for the bottom liner of the landfill.

36:04Speaker 6

All right. Thank you John K yes Allison you have any thing to add to that.

36:11Speaker 5

Yeah, just real quickly the one big thing that kind of sets it apart from aggregate is that there's no blasting or anything involved with clay extraction.

36:24Speaker 6

Thank you. She was a crime.

36:30Speaker 7

Yes. Is this all the clay that's going to be needed for the landfill or you're going to have to take clay from other sites as well?

36:46Speaker 5

John, did you want me to take that one?

36:47Speaker 1

Sure, go ahead, Allie.

36:49 – 37:43Speaker 5

All right. So the entire footprint of the landfill for the entire use of it, we have about 76, 77 acres or so. It requires about 750,000 cubic yards or so for the entire kind of life of the landfill. That includes a liner, but also a cap on top of it at the end of life. And about half of that, about 350,000 or so cubic yards is sourced from on-site, the landfill property itself. And then this would bring us an additional 140,000 cubic yards or so. So we'd be about probably about 2 to 50 or so 1000 on to the cat yards. But closing in capital and so likely what happened for 1015 plus years.

37:51 – 38:05Speaker 6

Thank you. Any other questions or discussion. All right, what we have in front of us is a motion and a second to postpone. All in favor, say aye.

38:07 – 38:18Speaker 6

Aye. All right, motion passes unanimously. Thank you very much. There we are.

38:18Speaker 8

So our, I believe,

38:27 – 38:40Speaker 6

Yes, our next petition is rezone petition 12,301. Chen Kang and Julie Chang Trust in the town of Oregon.

38:40 – 39:32Speaker 4

Yes, we have this petition submitted on behalf of Eileen Chang, representative of the trust. This is proposing to separate an existing residence and some agricultural buildings from the rest of the farmland. This would be creating a one residential lot with our four rural residential zoning. That's what's proposed. This would be a one lot certified survey map. The rest of the ag land still remains over 35 acres, so it does not need to be surveyed or rezoned to achieve this. We have the Town of Oregon, Town Board Action. Oh, excuse me, we did receive that today. So the staff report says it's pending. We had not received it, but we were tracking that down after the agenda packet was posted. We did get that today. So we have Town Action recommending approval with no conditions on that. That has also been loaded. Let me just...

39:34Speaker 7

double check.

39:34 – 39:51Speaker 4

It doesn't show on the agenda, but it is loaded to the county's legislature site. So given that we do have town action on this, it's ready for action by the committee tonight. We're recommending approval with no conditions, just the recording of the CSM. And we have Eileen Chang available on Zoom registered in support if you have questions.

39:53 – 40:05Speaker 6

Thank you, Rachel. Welcome right what we have in front of us is the staff recommendation of approval subject to the recording of the CSM. But committee member like to entertain a motion.

40:09Speaker 7

Make a motion to approve with recording the CSM.

40:13 – 40:24Speaker 6

We have a motion. We have a motion by running to approve with the recording the CSM do we have a second.

40:25Speaker 8

Posler seconds.

40:27 – 40:57Speaker 6

The second by Posler. Any questions, comments, or discussions before we take a vote? If not, all in favor say aye. Aye. Aye. All right, motion passes unanimously. Thank you. All right. Our next petition is to rezone between 12,302 E&L Olson Plus in the town of Dunkirk.

40:59 – 42:32Speaker 4

Yes, the Olsons here are proposing to rezone a little under four acres of land. This is to create one residential lot based on the acreage. The request is for RR2, Rural Residential Zoning. This is located on a town road, Hammond Road. So access is in the town's jurisdiction. We have a town board recommending approval with no conditions. This checks out with regard to the town comprehensive plan, the policies there. Also of note, this was using a transfer of development rights from land that is also owned by the applicant, but it technically comes from a different original farm, meaning as of the date that the town adopted farmland preservation policies. So they're taking split from that other farm, moving it to this property in order to create the lot. We had no concerns with resource protection, nothing else unique to note on this one. So we're recommending approval tonight with four conditions in addition to the CSM, but this is to assign the overlay zoning for the transfer of development rights on the sending and receiving properties. agricultural conservation easement on the 40 acres of ag land that's sending the development right. So that would document that, that the split was used up on that land. And also a deed notice be recorded on the new lot indicating it was created with the TDR program. And we have registered in support for this petition, Doug Olson. Let me make sure I'm on the right one. Yes, Doug Olson, excuse me, and Dan Higgs as well, available on Zoom if you have questions.

42:34 – 42:58Speaker 6

Right. Thank you Rachel. So what we have in front of us is the see them. Staff recommendation approval see how many is it for conditions. Yes, yes, approval. With 4 conditions it with that would come in number like to bring for the motion.

43:01Speaker 8

Poster moves approval with the four conditions.

43:06Speaker 6

All right. We have a motion to approve with four conditions by Poster. Do we have a second?

43:11Speaker 6

We have a second by Croning. Any discussion, questions, or comments about this petition before we take a vote?

43:19Speaker 2

Second. Was that?

43:21Speaker 2

Supervisor Croning, second, or did I, just for my notes?

43:25Speaker 6

Yes, Supervisor.

43:26Speaker 7

No, it was Supervisor Peterson.

43:32Speaker 2

I'm not gonna score, I just, yeah, nevermind.

43:36Speaker 6

I mean, we could have a cage match, but not virtually, so.

43:41Speaker 4

As long as you agree, we know what to put down.

43:45Speaker 6

Okay, cool, sorry about that. All right, any other discussion? All in favor, say aye.

43:55 – 44:07Speaker 6

Aye. All right, motion passes unanimously. All right. Our next petition is ReZone petition 12303, HEPTA-S Inc. in the town of Christiana.

44:07Speaker 4

Do you want to take this one Dan or should I?

44:13 – 45:41Speaker 10

Yeah, I can set up a little brief overview. Beyond Limestone out of Janesville has submitted a ReZone petition to change the zoning which is actually incorrect. That should not be RM 16, but it is. But they want to change the zoning to FP 35 to match the surrounding parcels that are associated with the conditional use permit for middle extraction. And the intent is to remove the home and the building in order to expand the quarry operations to the west. There is one condition that does need to be addressed or move forward with this petition, and that is since the parcel is part of a certified survey map, a new certified survey map will be required to coincide with the conditionally used permit boundary. Other than that, staff is recommending approval. And obviously, anytime, you know, we have a mineral extraction operation and a single family home in close proximity, that always introduces conflict. And so, Beyond Limestone wants to address that with this petition. We do have town board approval, correct?

45:42Speaker 4

Yes. And the town comment relating to the mineral extraction is being handled on the conditional use permit instead, right?

45:58Speaker 4

And then registered, we have Kathleen Bion and Madison Thompson in support available if there are questions.

46:05 – 46:31Speaker 6

All right, thank you. So on this rezone petition, the staff recommends... approval subject to the recording the CSM. And then the other conditions such as the 10 year renewable renewals going to be put to the CP.

46:32Speaker 10

That's correct.

46:32Speaker 6

Okay. Okay, so yeah, just recording of the CSM. So with that, what a committee member like to bring forth motion.

46:41Speaker 2

Make a motion to approve

46:46Speaker 6

All right, we have a motion by.

46:47Speaker 2

Sorry, I was going to say pending recording of a CSM.

46:50Speaker 6

Okay, we have a motion to approve by Peterson, pending the recording of a CSM. Do we have a second?

46:57Speaker 7

I'll second.

46:59Speaker 6

All right. Any questions, comments, or discussion before we take a vote? If not, all in favor say aye.

47:13 – 47:35Speaker 6

All right. Motion passes unanimously. All right. So this is another one of those where we need to have a motion to suspend the rules. If we wanted to take up the rezone petition called thousand 303, which is the companion piece to this. So would a committee member like to bring forth a motion?

47:35Speaker 7

I'll make motion to suspend the rules. Second.

47:42 – 48:37Speaker 6

All right, we have a motion by Kroenig and a second by Peterson to suspend the rules to take up the companion petition. If there's no objections, I'd like to have that recorded as passing unanimously. All right, so motion carries. And let's see, down to, this is why I love Where is it? No. Which one is it again? Jeez. Let's see. It's, oh, CUP 2715. The applicant Hepta S. Inc. in the town of Christiana.

48:38 – 51:30Speaker 10

Yeah, so this is more or less a renewal of an existing conditional use permit. This site has been in operation, I believe, since 97. And there's been, I think, two renewals since then. And the request was for 15 years, the town of Christiana basically made the motion to approve subject to a 10 year limit. But the intent with this is to expand the operations into that residential piece that we just talked about, as well as going further west into this parcel here. From what I understand, Beyond Limestone is not looking to go any further north with their operations. And this is a site that produces sand and gravel. The affected acreage is about 90 acres overall. And resource protection comments. There are no resource protection corridors on or within 300 feet of the property. And we do have comments with regards to our, from our planners, Majeed Allen. And his comment is pending any concerns expressed by the committee. The CUP extension appears reasonably consistent with comprehensive plan policies. And then staff is recommending approval with 38 conditions. But I do want to touch on two of those. I want to actually recommend to the committee that we strike two of those conditions. And the first one is number 10. that the owner must post in a prominent public place and in a form approved by the zoning administrator, a placard with the approved conditional use permit number, the nature of the operation, name and contact information for the operator, and contact information for the Dane County Zoning Division. That is not a standard condition within Chapter 10. We were informed that that was not a standard condition, and so we'd like to actually strike that. And then the second one, Is. Condition number 12 and basically to revise that condition to state failure to comply with any imposed conditions or to pay reasonable county costs of investigation or enforcement of sustained violations may be grounds for revocation of the conditional use permit period and basically striking the last sentence that the holder of the conditional use permit shall be given a reasonable opportunity to correct any violations prior to revocation.

51:36 – 52:06Speaker 6

All right, thank you. So what we have in front of us is the staff recommendation that the committee make a finding of fact as to whether the proposal meets the CUP standards listed in our packet. for approval and recommend approval with 37 conditions.

52:15Speaker 4

And we have the same registrants for this, this item as well. Uh, Kathleen B. Owen and Madison Thompson.

52:21Speaker 6

All right. Thank you very much. So, um,

52:27Speaker 7

I'll make a motion to approve based on finding the fact that the position meets the standards of conditional use with the 37 conditions. Is that correct? That is correct.

52:39Speaker 6

All right. We have a motion by Cronig to approve with 37 conditions. Do we have a second?

52:48Speaker 8

Pass or seconds?

52:49 – 53:10Speaker 6

We have a second by Passler. All right. Any questions comments or discussion before the committee takes a vote. All right, if not all in favor say aye aye aye. Right motion passes unanimously, thank you.

53:18Speaker 5

There we go.

53:20 – 53:31Speaker 6

All right, so I believe we're on our next petition, which is rezone petition 12,304, Harlan D. Erdahl in the town of Pleasant Springs.

53:34 – 54:50Speaker 4

Yes, the Erdahls are proposing a rezoning here, about 16 and a half acres roughly. It's an existing farmstead. It's an Accessory buildings on site at the end of a dead end road here. They're proposing to separate that from the rest of the farmland and rezone this to RR16, rural residential. We have no sensitive environmental features to note here. We had no concerns with existing buildings and improvements meeting the applicable setbacks for the zoning district and other requirements of that district. The RR district does limit livestock use to one animal unit per acre unless a conditional use permit were to be approved to allow more. I just made a note of that so that everybody's aware of it. We have the town board recommending approval. No conditions were suggested by the township on that. And so staff tonight is recommending approval with one condition based on the density study that the farmland would be using up its available splits here. So we would recommend a deed restriction be recorded on that FP35 zone land, prohibiting further non-farm development in keeping with the town comprehensive plan. And registered in support of this petition, we have Michael Rumpf, agent for the applicants.

54:52Speaker 3

Wishing to speak.

54:53 – 55:21Speaker 4

Wishing to speak. Thank you. all right so michael let's see you should be able to speak now mike

55:22 – 55:39Speaker 9

Yeah, I'm just here in support of the motion, or support of the petition, Mr. and Mrs. Rubella with me, and support the petition. We acknowledge the deed restriction that will be placed on the balance of the property, and we would appreciate you voting in favor of it.

55:42 – 56:06Speaker 6

Great, thank you. Does anybody have any questions for Mr. Rubella? Great, thank you very much. All right. So the staff recommendation is approval subject to, let's see, two conditions, I believe the CSM and the deed restriction, correct?

56:08Speaker 6

Yeah. All right. Thank you. So would a committee member like to bring forth a motion?

56:16Speaker 7

I'll make a motion to approve with a recording of the CSM and the deed restriction condition.

56:23Speaker 6

All right, thank you. We have a motion by Krone to approve with the two conditions. Do we have a second?

56:30Speaker 8

Possler seconds.

56:31 – 56:42Speaker 6

All right, we have a second by Possler. Any discussion, questions, or comments before we take a vote? If not, all in favor say aye.

56:45 – 57:09Speaker 6

Right motion passes. Thank you. All right, so our next petition is reason petition 12,305. Applicant John Alex in and Mary cater cater a bit kick it around back. In the town of Springdale.

57:11 – 58:41Speaker 4

Yes, this petition is unique in that it's sponsored by the town of Springdale. This is something of a map cleanup here for the zoning map. The property consists of two lots created some time ago, but they have RM16, rural mixed-use zoning. This was applied... This was one I think where the survey map that created the lots was recorded right kind of in that time when the new zoning ordinance and districts were being adopted. So it just kind of got mixed where the zoning doesn't reflect the size of the lots that exist on the ground. So this would clean that up and assign proper zoning. The larger lot would be rezoned to RM8 and the smaller lot to RR4. So effectively this would correct the maps and give them consistent zoning with the lot size and land use there. Town is certainly in support of this since they've submitted it. They're recommending approval subject to no further land divisions. That's in keeping with the Town of Springdale's land use plan and typically a condition that they would apply to new lots being created. So here that would just be assigning that to these lots and as they do for other lots that get approved. So we're recommending approval tonight just subject to that deed restriction being recorded on the lots to prohibit further land divisions. To my knowledge, we do not have applicants on here, town officials not attending tonight for this item, but we did speak with them and they're aware of the report and we discussed it and they're in favor of this moving forward tonight.

58:42 – 59:10Speaker 6

All right. Thank you, Rachel. All right. So what we have is the staff recommendation of approval condition on the deed respect restriction to prove it prohibit future division. With that would committee member like to bring forth a motion.

59:15Speaker 7

I'll make a motion to approve with the deed restriction.

59:23Speaker 8

Passer seconds.

59:33Speaker 4

Chair Dillon, you're muted.

59:36 – 59:54Speaker 6

Oh my gosh. Okay. So we have a motion. We have a motion and a second. Any questions, comments, or discussion before the committee takes a vote? All right, if not all in favor say aye.

59:56 – 1:00:23Speaker 6

Aye. All right, motion passes unanimously. All right, our next petition is Resume Petition 12306. Oh, okay. Applicant Dennis M. Carls in the town of Dane. And before we take that up, Supervisor Postler, you have a disclosure.

1:00:23 – 1:00:40Speaker 8

Thank you, Madam Chair. Yeah, I will be abstaining on this specific petition due to my separate elected role as the village president for the village of Dane, which does have some extra territorial jurisdiction for this one.

1:00:41Speaker 6

Right. Thank you, Supervisor Postler. All right.

1:00:49Speaker 5

It's your move.

1:00:52 – 1:02:40Speaker 4

Thank you. Yes, Dennis Carls is proposing to rezone this land to RM8, rural mixed use. This is to separate the existing farm residents and accessory buildings from the farmland. This would be for sale, I believe it's to a relative. The town of Dane has recommended approval of this petition. We received the town action report today, so that was not included in the meeting packet for tonight, but we did get confirmation of that as well as town meeting minutes, so that has been verified. There's no concerns with the property meeting the zoning district requirements, building setbacks, lot coverage, all of that. The RM zoning is requested in order to enable livestock use in the future. That's something that the new owner would like to do. Our main comment on that was that in order to have livestock on the site, they would need to be working with land and water resources to make sure they have a nutrient management plan related to manure and you know soil health things of that nature which they are agreeable to we've discussed that with them that was part of the discussions with the township as well also highway access has been taken care of this being on a county trunk highway we had no concerns with the town comprehensive plan consistency there are no environmental features that have unique restrictions on the site. So we're recommending approval tonight with one condition that prior to housing livestock on the property, they have a farm soil and water conservation plan meeting the standards of NR 151. That's what they would achieve by working with land and water resources. And we have Mr. Dennis Carls registered in support available on Zoom tonight, as well as Rachel Carls, if you have questions for either of them.

1:02:41 – 1:03:01Speaker 6

Thank you, Rachel. So what we have in front of us is the staff recommendation of approval with the condition. And so with that, would a committee member like to bring forth a motion?

1:03:06Speaker 7

I'll make a motion to approve with the one condition.

1:03:11 – 1:04:02Speaker 6

All right, we have a motion by Crone to approve with the one condition. Do we have a second? All right, Doolin seconds. All right, any discussion, questions or comments before the committee takes a vote? All right, if not, all in favor say aye. I I all right motion passes with the it on. This report that rather possible it's gaining from the vote and the rest of us are eyes. All right, thank you. Our next petition is rezone petition 12,307 applicant Robert J sport in the town of Deerfield.

1:04:04 – 1:05:30Speaker 4

Yes, Mr. Spora is proposing to create one new residential lot here with RR2 zoning. This would result in a second residential lot for the existing home, abutting Missouri Road here. The remaining farmland would be rezoned from FP35 to FP1, being remnants of land less than 35 acres in size. This petition also would include some land here south of County Highway BB because it's owned by the applicant, but that is a separate property that would also need to be rezoned to FP1, as well as surveyed, made part of the certified survey map. See if there's any unique conditions or comments on here. We do have town action. The town has recommended approval. No unique conditions on that. This favorably reviewed by our senior planner. And so we're recommending approval tonight with subject to the CSM and the applicant recording a deed restriction on the remaining farmland because this would use up the splits or development rights on that original farm. Okay. Have registered. Don't have a... Don't have anybody registered for this. Oh, David Dinkle, excuse me. Okay. Registered in support and available for questions. Great, thank you.

1:05:32Speaker 3

We also have a Matt Zickert in support, not wishing to speak. Thank you.

1:05:38Speaker 3

All right, so let's see.

1:05:45 – 1:05:56Speaker 6

So what we have is on staff recommendation approval subject to the CSM and indeed restriction. But that would come in and we're like to bring forth the motion.

1:05:59Speaker 2

Make a motion to approve adding a CSM indeed restriction.

1:06:04 – 1:06:58Speaker 6

All right we have a motion by Peterson to approve pending a CSM and indeed restriction do we have a second. Also seconds the second by postler. Any questions comments or discussion before we take a vote. If not all in favor say aye. All right motion passes unanimously. All right. So let's see says we should probably consider taking the land division or not 2026 land division or 9 first before acting on the next petition. You just need a motion to suspend the rules and take those out of order.

1:06:59Speaker 7

Make the motion to suspend the rules.

1:07:03 – 1:07:26Speaker 6

Alright, we have a motion by Kroenig to suspend the rules to take these out of order. If there's no objection, I'd like to have that recorded as passing unanimously. Alright, motion carries. So let's take up, that's 2026 Land Division 09.

1:07:29 – 1:08:41Speaker 10

Yeah, so I have received a land division waiver from the design standards with regards to the creation of a lot that has no public road frontage. And basically, this is a three lot certified survey map that is just adjusting the interior lot lines. And there will be no change to the frontage of either of the two homes off of Oak View Drive. And so we have to address the issue with creating a lot without any public road frontage. And so staff is recommending approval. And if approved, I will require that a note be placed on the final certified survey map prior to recording that indicates that this can be approved. the lot without any road frontage. And the rezone petition that's associated with this is changing the zoning to NRC, Natural Resources. And so there will be no residential development or any development going further. As you can see, you have the O'Hare River to the east. And so I think it's self-explanatory.

1:08:46 – 1:08:58Speaker 6

All right. So just the questions, the purpose is it's not going to be developable anyways. So really nobody needs to have access to that specifically for it's just resource protection.

1:09:00 – 1:09:11Speaker 10

And the property owner is online as well. I don't know if he wants to speak or not with regards to this, but David Pfeiffer, this is his property.

1:09:14Speaker 6

It says, yes, he does want to speak. So let's hear from our petitioner. Hello, David, you have five minutes.

1:09:25 – 1:10:17Speaker 11

I won't need that much. Good evening. I just wanted to mention that this petition is due to a request to divide the land pursuant to a will. So it falls under the 75.14 exceptions of the zoning code. The property was originally owned by me. I gave the lot that the southern house is on to my dad just to facilitate him building without having to re-divide. But his... intention was to then transfer most of that property back to me after his passing and have it be in this conservancy so that we could protect the wetland area. So not expecting to develop, so doesn't need the access as you mentioned.

1:10:18Speaker 6

It's a very nice way to honor him.

1:10:25 – 1:10:40Speaker 6

Okay. Excellent. So thank you. Does anybody have any questions for the speaker? But Supervisor Pussler, you have a comment.

1:10:40 – 1:11:22Speaker 8

Thank you, Madam Chair, and thank you very much to the applicant for this. I just want to say it's always a little strange whenever we create one of these lots that don't have the access, but what better reason than for the purpose that you're proposing and to protect that natural resource and create a beautiful place for uh for you and uh in the neighboring house uh for you know years to come so i just want to applaud that um you know the rezone and and the environmental stewardship that's happening here and uh just express my appreciation for that so thank you very much appreciate that thank you supervisor postler all right um so

1:11:25Speaker 6

then I guess the recommendation would be for the committee to approve this. Is that correct?

1:11:31Speaker 10

Yes, that is correct.

1:11:33Speaker 6

All right. So would a committee member like to make a motion?

1:11:41Speaker 7

Motion to approve.

1:11:43Speaker 6

All right. Motion by Cronig to approve. Do we have a second?

1:11:47Speaker 8

Pause for a second.

1:11:50 – 1:12:06Speaker 6

All right, I heard Peterson first. So we have a second by Peterson. Any discussion, questions or comments about petition before we vote? All right. All in favor, say aye.

1:12:09 – 1:12:31Speaker 6

Motion passes unanimously. All right, thank you. So now we can... All right, so the companion rezone is rezone petition 12,304, Harlan D. Erdahl in the town of Pleasant Springs.

1:12:33Speaker 4

It's actually a 12,308, excuse me.

1:12:37Speaker 4

Yep. Also for Mr. Pfeiffer.

1:12:42Speaker 6

Oh, sorry, I'm in the wrong.

1:12:44Speaker 4

Yeah, no problem.

1:12:45Speaker 6

This is why I like paper. But, you know, I didn't want to do that. Let's see what I'll do.

1:12:50Speaker 4

Well, we put the items in a funky order, too. That didn't help. I'll fix that for the next agenda if we have this again.

1:12:57Speaker 6

That's all right. Yeah. 120308. Yes.

1:12:59 – 1:13:40Speaker 4

So this petition, all it's doing, the existing residential lots that Dan reviewed there for the survey map, they are keeping their SFR 8 zoning. However, a piece of that, what is currently part of the residential lot, would be rezoned to NRC. That is the area you see here on this map showing basically wetlands. That's an environmentally restricted area. So it would be rezoned to NRC to match the physical reality on the ground and the intent of the landowner. We have the town board recommending approval with no conditions. We're recommending also approval with no conditions, just the recording of the survey map now that the waiver has been approved.

1:13:42 – 1:13:53Speaker 6

Excellent. All right. What the committee has in front of us is the staff recommendation of approval with no conditions.

1:13:55Speaker 8

Postler makes a motion to approve with just the recording of the CSM.

1:14:00Speaker 6

All right. We have a motion by Postler. Do we have a second?

1:14:10Speaker 6

We have a second by Peterson. Any discussion, questions, or comments before we vote? All right. If not, all in favor, say aye.

1:14:21Speaker 6

Aye. Great. Motion passes unanimously. All right. Thank you, Mr. Pfeiffer, for attending.

1:14:31 – 1:14:50Speaker 6

All right. Our next petition. Okay, so we did. We have that one. 2712 2713 condition use all right, thank you, our next petition is up 2713 applicant Nathaniel team agree in the town of Vermont.

1:14:52 – 1:16:58Speaker 4

Yes, those conditional use is being requested on an existing residential property it's got a house, this would be for transient or tourist lodging what our zoning code calls short term rentals or airbnb type of land use. So he's proposing to use the existing home for this. This is located in the town of Vermont right next to Tyrol Basin. So you can see on the map here a lot of RE zoning as well as some commercial. That's Tyrol Basin, the complex there on Bowen Road. This would be allowing the short-term rental use of the home. We have No real comments. There's no site development associated with this petition. One unique thing is that it has a driveway that goes through the lot into access Tyrol Basin, so quite a neat property and not a surprise why it's being proposed for this use. There's no concerns with regard to the town land use plan. Our staff report does go through the eight standards for conditional uses, seven of which apply in this case. We had no concerns there with regard to the findings of adequate parking. There are very few houses in the area. There may be one within 500 feet, but there's also a short-term rental use right across the road from it for the closest home. So not a lot of neighbors would likely be impacted by this use. Town board is recommending approval here with no conditions. So staff here were recommending that CLR committee make findings of fact with regard to the conditional use standards. whether those would be met. And we are recommending approval with 14 conditions, 12 of which are the standard conditions that apply from the zoning code to any conditional use. But then this is specifying also that maximum number of guests would be eight. That's based on the septic system size documented by public health department. And also the condition that the applicant would have to obtain the license from the Department of Public Health as well for the rental use. Excuse me. And we have Nathan McGree registered in support of his petition available for questions if you have any.

1:16:58 – 1:17:23Speaker 6

Thank you, Rachel. All right. So what we have in front of us is the staff recommendation that the ZLR committee make findings of fact as to whether the proposal meets the standards for approval and If so, recommend approval with 14 conditions. So would a committee member like to bring forth a motion?

1:17:26Speaker 7

I'll make a motion to approve based on finding the fact that the petition meets the standards for conditional use with the 14 conditions.

1:17:36Speaker 6

All right. We have a motion by Cronig to approve with the 14 conditions. Do we have a second?

1:17:42Speaker 8

Passer seconds.

1:17:43 – 1:17:54Speaker 6

We have a second by Passer. Any discussions questions or comments on this petition before we take a vote. All right, if not all in favor say aye.

1:17:56 – 1:18:11Speaker 6

All right motion passes unanimously thank you Rachel. All right, our next petition is cp 2714 what he said but works LLC and the town of done.

1:18:14 – 1:20:54Speaker 3

So we have Mike Moran doing business as Wabisa Boat Works, who has a kind of hobby workshop located in a rare general commercial zoning lot in the town of Dunn in a primarily residential neighborhood. Mike's a resident of the neighborhood and is looking to downsize and consolidate and move his residence as a caretaker's quarters on the commercial property. that was built just a number of years ago. Kind of a reverse land use. Typically, we would see these in an area like this as a limited family business, but instead, this is existing general commercial and proposing to have some residential use associated with that. We find that it fits well into the character of the neighborhood, probably even more so than the general commercial use of the property. It does fall in the secondary shoreline zone. It's within a thousand feet of the lake and When the commercial building was reconstructed a few years back, there were some neighbor concerns about stormwater management and erosion control, and that was all addressed at that time. That neighbor has since moved on, but the town does point out in their town action recommending approval just notes on that, and the applicant has already been in contact with Dane County Land and Water Resources about making sure that The existing plans and erosion control will be in place for the residential addition. The applicant has gone through all of the standard conditions of requirements for the conditional use permit and staff has reviewed those and found those to be satisfactory. So our recommendation is that the ZLR do the same and find that the Findings of facts are met for the meeting the standards and recommend approval with 13 conditions and 13th is the one that's unique to the CPA and that's coming from the town. that all outdoor lighting shall be dark skies compliant and shall be directed downward and shall be designed to prevent ambient light spill onto adjacent properties in public right of ways. And the applicant is aware of all these conditions and does agree to them. And Mike Moran is on the call on Zoom, registered in support and available to answer questions.

1:20:57 – 1:21:21Speaker 6

Great, thank you. All right. So what we have in front of us is the staff recommendation that ZLR committee may finding a fact as to whether or not the proposal meets the CUP standards. And then if so, recommend approval with their team conditions. So would a committee member like to bring forth a motion?

1:21:25Speaker 7

I'll make a motion to approve based on finding the fact that the petition meets the standards for conditional use with 13 conditions.

1:21:35Speaker 6

All right. We have a motion by Cronate to approve with 13 conditions. We have a second.

1:21:41 – 1:21:55Speaker 6

All right. Second by Peterson. Any questions, comments, or discussion before the committee takes a vote? All right. If not, all in favor, say aye.

1:21:57 – 1:22:25Speaker 6

Aye. All right, motion passes. Okay, so our next one. Okay, so we already did CUP 2715. All right, so we had CUP petition 2716. Applicant Tyler J. Bronkhorst in the town of Cottage Grove.

1:22:27 – 1:25:00Speaker 3

Tyler Bronkhorst is looking to operate a limited family business out of an existing building on the property. He provides repair services where he does old-fashioned house calls and goes out to the sites and is looking to use this building for storage to support that and storage of vehicles and incidental repairs when he goes out and finds something he needs to work on a little bit longer and bring back to the site as opposed to service where people would be coming to him and operate a business out. So this will look very similar to a contractor type business being run out of the property. There's a No resource concerns. Generally, we reviewed this for the town's comprehensive plan and find that it is an acceptable use in there. In addition to the property that this is falling on being requested for the conditional use permit, he also owns the single family residential parcel to the south. So addresses a lot of the neighborhood concerns being a very remote area on a dead end town road. not generating much traffic or other nuisances to the neighborhoods as a result of this, but just looking to comply with the zoning requirements for having some commercial use out of that structure. We're recommending that the committee make the findings and facts that this supports the conditions along with the town recommendation of approval with the condition of no long-term outdoor storage being allowed. Everything similar to the requirements of all limited family businesses is that they occur inside enclosed buildings, so shouldn't create a nuisance to the outdoor area. Recommending approval with 15 conditions. The unique ones to this are again that no long term outdoor storage. Specifying that this is for a mobile repair business and storage and incidental repair as opposed to a vehicle maintenance and repair facility, which would be a different land use and that the conditional use permit expire on the sale of the property.

1:25:05Speaker 6

And do we have any registrants?

1:25:09Speaker 3

We have Tyler Brockhorst on Zoom in support, available to answer questions.

1:25:15 – 1:25:39Speaker 6

All right. Thank you. So what we have in front of us is that recommendation from the staff that the committee make findings of fact as to whether the proposal meets the CUP standards that are listed. And to recommending approval with 15 conditions. So with that, would a community member like to bring forth a motion?

1:25:43Speaker 7

I'll make a motion to approve based on findings fact that the petition meets the standards for conditional use with 15 conditions.

1:25:52Speaker 6

All right, we have a motion by Croning to approve with 15 conditions. Do we have a second?

1:25:59Speaker 8

Postler seconds.

1:26:01 – 1:26:15Speaker 6

We have a second by Postler. Any questions, comments, or discussion by the committee before we take a vote? All right, if not, all in favor, say aye.

1:26:19 – 1:26:42Speaker 6

All right, motion passes unanimously. Our next item is, let's see. 2026 away. 8 amending chapter 17 of the Dane County ordinance code of ordinances updating flood insurance study provisions.

1:26:44 – 1:29:04Speaker 3

So this is being driven by a previously approved conditional letter of map revision approved by FEMA in 2020 and adopted by Dane County. Since that conditional approval, there was development that took place within the village of Cross Plains for the purpose of creating a subdivision near Brewery Creek. The impacts of that development expanded north into the town of Berry, which is subject to our floodplain jurisdiction for the unincorporated portions of Dane County. After that work was complete, they were required to submit a letter of map revision to FEMA. That has been submitted and approved, and we have six months to now remove the conditional approval from our maps and replace that with the official as-built letter of map revision to be used as part of our official mapping for that particular area in the town of Berry. In addition, we're taking this opportunity to do some house cleaning of our official maps in chapter 17. Slightly after our last repeal and recreation of the ordinance, we were notified by DNR that they had made a mistake in which flood storage district map panels we should adopt. It was a little bit more inclusive than what's actually subject to our jurisdiction, such as including the city of Fitchburg and map panels that did not have any flood storage districts. So we're cleaning that list up to remove those panels that aren't in our jurisdiction, as well as removing some references to a letter of map revisions that are no longer in our jurisdiction due to annexation, such as the village of, Windsor incorporating the town a number of years ago. So routine housekeeping there and overall the purpose of why we do these ordinance amendments is to keep the county in compliance with the National Flood Insurance Program that reduces premiums that our residents pay if they are required or choose to have flood insurance. So we're recommending approval of this ordinance amendment to the County Board.

1:29:05Speaker 6

All right. So what we have is the staff recommendation of approval. And with that, would a committee member like to bring forth motion?

1:29:16Speaker 8

I'll make a motion to approve OA8 as presented.

1:29:25 – 1:30:08Speaker 6

All right. We have a motion by Pulsar to approve 08 08. We have a second second. The second by Peterson any discussion on this petition before we take a vote. Right if not all in favor say aye aye aye aye aye. Motion passes. All right, our next item is zoning E zoning map amendments and conditional use permits from previous meetings. So our next, that would be rezone petition 12,293, Mary R. Zimmerman and Nathan Cornish in the town of Cross Plains.

1:30:10 – 1:31:18Speaker 4

Yes, the applicants are returning. They had the public hearing before this committee on June 23rd, this petition, is proposing to create one residential lot and two agricultural lots, rezoning some land from FP35 to the RR4 zoning district and the FP1 zoning district. This would facilitate the sale of some of the land here, including use by the person who has been farming the land, who would continue to get use of the ag land. We had no concerns here with environmental standpoint, the proposed zoning, existing structures, everything checked out there. as well as a town plan and resource protection. The town board is recommending approval with no conditions. We were just waiting on that town action at the public hearing, and that's the reason it was postponed last month. So tonight we're recommending approval with conditions, mainly the deed restriction that'd be recorded on the remaining farmland to document that the splits have been used up, the density rights are exhausted according to the town plan, as well as the recording of the certified survey map We don't have anybody registered tonight for this particular item.

1:31:20Speaker 6

So we have the staff recommendation of. With the CSM indeed restriction. That would could be the member like to bring forth motion.

1:31:35Speaker 7

I'll make a motion to approve with a recording of the CSM and the deed restriction.

1:31:40Speaker 6

I have a motion for approval by chronic do we have a second.

1:31:46Speaker 8

Also seconds.

1:31:47 – 1:32:11Speaker 6

Second by possible or any discussions questions or comments about this petition before we vote. If not all in favor say aye. Aye. Motion passes unanimously. All right, our next petition is up 2710 applicant brand brand and scullion in the town of Burke.

1:32:13 – 1:34:16Speaker 4

This petition is coming back before the committee. This one also had a public hearing last month, I think it was. And we had this petition postponed at the time. We needed town action. by the Town of Burke. Since that hearing, we do have the Town Action recommending approval here. This is for the garage more than 12 feet in average height on an existing residential lot with SFR 8 zoning. You can see here on the map it's a similar lot to others in the neighborhood with also similar zoning. by and large. As we discussed in the public hearing, we had no concerns with the proposal, the building and everything checks out with the zoning district requirements for location and size, no environmental restrictions. This would require a location survey while it's under construction once the foundation is poured just to verify anytime someone is close to a building setback line, those are required as part of the permit process for building it. The town in this case recommended approval. There were eight conditions that's documented in the town's action report and also included in the list of conditions recommended by STAB. not have those all modified. So you'll see that in the report here, 20 total conditions, numbers 13 through 20 are as specified by the Town of Burke, as well as our requirement for the location survey. This really specifies who the permit is for, that it's strictly for one detached accessory building, specifying the height requirements, entry access off of Elna Road on the existing driveway, not negatively impacting the neighbors, also limiting storage of hazardous materials, requiring a zoning permit from Dane County Zoning. These are all conditions that would basically apply anyway, but it's a little bit belt and suspenders, but these would be on the permit in keeping with the town's recommendation. And we have the owner, Brandon Scullion, registered in support and available on Zoom if you have questions.

1:34:19 – 1:34:37Speaker 6

Thank you. Right so we have in front of us is the staff recommendation that the committee make a finding a fact as to whether or not both will meet the cvp standards listed and recommend approval with 20 conditions so with that we remember like to bring for the motion.

1:34:41Speaker 7

I'll make a motion to approve based on findings fact that the petition meeting meets the standards for conditional use with 20 conditions.

1:34:50Speaker 6

We will motion by Cronig. Do we have a second?

1:34:54Speaker 8

Passer seconds.

1:34:55Speaker 6

The second by Passler. Any discussion, questions or comments before we take a vote? If not, all in favor say aye.

1:35:06 – 1:35:24Speaker 6

Aye. All right. Motion passes unanimously. All right. No resolutions or committee action. So we're on to Kay. Schedule ZLR meeting in October for budget.

1:35:27 – 1:35:38Speaker 4

Yes, we didn't have that listed as an agenda item, but that's something that board office staff has been asking committees to schedule. So I can pull up a schedule here if that would be helpful.

1:36:02 – 1:36:15Speaker 4

We currently have meetings scheduled in October, on October 13th, a work meeting, and October 27th is our public hearing date. Okay. We are told, yeah, I don't know how much you want me to talk on this.

1:36:15Speaker 6

Are there holidays in there that are blackout times?

1:36:20Speaker 3

October is pretty open.

1:36:25Speaker 3

I think entirely open.

1:36:27Speaker 6

Is it really? Well, that's new.

1:36:30Speaker 3

It's usually very restrictive.

1:36:32 – 1:36:55Speaker 6

Yeah. So I know we can schedule one of them with our regular committee meetings, correct? Or our work meeting, I mean? Or is the 13th?

1:36:57 – 1:37:11Speaker 3

Yeah, so we need two budget hearings or meetings. So do we want to just make those our regular October meetings, the 13th and the 27th? Or do you want to schedule special meetings just to go over our proposed budget?

1:37:14Speaker 4

I think we were told PNF would be taking it up before the 27th, so we couldn't use that date.

1:37:18Speaker 3

Okay, so we need at least one between the 13th and the...

1:37:30 – 1:38:01Speaker 6

21st would be out for me. Because I have two simultaneous committee meetings scheduled then. One of which I'm vice chair. The only other roadblock I have would be the 16th. But the 19th, the 20th, 22nd. Any preferences?

1:38:01Speaker 7

20th works pretty good for me.

1:38:07Speaker 6

I like the 20th.

1:38:10Speaker 8

Tuesdays are generally pretty good for me.

1:38:12Speaker 6

Yeah. Wednesdays are stuck.

1:38:16Speaker 3

Do the regular meeting time of 630 on the 20th?

1:38:20Speaker 6

That sounds good, otherwise it might confuse me and I'll come at the wrong time.

1:38:25Speaker 2

October 20th works here too, we're good.

1:38:29Speaker 6

Thank you. I'm looking for comments just in case. All right, let's just do it on the 20th at the regular meeting time.

1:38:40Speaker 4

October 20th, 6.30.

1:38:42 – 1:39:30Speaker 6

I appreciate that. All right, and then Only other thing I want to say is, you know, other business. I just want to, like, my hometown got decimated by a tornado on yesterday. So, like, the bakery that baked my wedding cake is flat. But I just haven't heard of any casualties. But I just want to say that my thoughts go out to everyone. Menasha, Nina, and Appleton after following the tornado and just wanted to recognize that. And then after that, we have adjournment. So can we have a motion to adjourn?

1:39:33Speaker 8

Postler moves to adjourn.

1:39:34Speaker 6

All right, we have a motion by Postler. We don't need a second. So I'd like to have that recorded as passing unanimously.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.