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Selected Plan Commission Minutes
May 27, 2008

The Public Hearing was called to order by the Plan Commission Chairman Darryl Weber at 6:34PM. The following members were present: Darryl Weber, Lloyd Klahn, Andrew Blomstrom, Dave Hagemann, Brian Duffin and Sharon Christensen. Member Paul Morrison absent.

  1. Open Public Hearing at 6:34PM.
    1. Land Division; Petition # n/a; Parcel # 0509-164-2001-0. The request is to divide Lot 51 in Windridge Subdivision into two lots, Lot 1 at 2.1 acres, zoned R-1 and Lot 2 at 2.1 acres, zoned R-1. The current zoning is R-1. Petitioner is Jay & Bonnie Gould, 807 Whispering Oaks Rd., Oregon, WI 53575. The property is owned by Joan Edgren 5365 Marie Road Oregon, WI 53575. Petitioner Jay Gould would like to split Lot 51 into two, 2.1 acre lots. Mr. Gould would like to build a smaller, more energy efficient home that is in scale with other homes in the neighborhood. He doesn't want to mow 4 acres and the lot price is too high for one home site. Mr. Gould lives and works in the area and wants to stay in the area. Chairman Weber clarified that there would be 2.1 acres in each parcel. Mr. Gould contacted Dane County Zoning and they didn't seem to have any issue with it. Mr. Gould said most of the lots in the Windridge Subdivision are ¾ to 1 acre. Resident Mr. Gary Shackelford, 5549 Windridge Rd., Lot 10, appeared in opposition to the land division on Lot 51. In 1995 there was a lawsuit because the Thelen's, Lot 52, petitioned to break their lot into 3 smaller lots. Mr. Shackelford bought his lot with the understanding that there would only be one family dwelling per lot. The settlement from the lawsuit was that due to the parcel being located in a water recharge area, the lots had to be 8 acres. Chairman Weber remembers that the lot size minimum went down in 1999 or 2000 to 2 acres. Mr. Shackelford said that the other stipulation was that the only way it could be divided is if it was voted on by a majority of the people in the subdivision. Mr. Shackelford said that the Town can't enforce the covenants but that the people can enforce them. Resident Laura Moore, 5533 Windridge Rd. appeared in opposition of the land division. She lives directly across from Lot 51 and purposely bought the lot to not have more than one house across the street and is concerned about the additional traffic. Chairman Weber questioned why these two lots are larger than others. Mr. Shackelford said that the developer may know the answer, but the idea is to not have houses stacked on top of each other. Resident Mr. Calvin Gilbertson, 5498 Windridge Rd., appeared in opposition of the land division and recalled that the County ruled that a lot in a subdivision cannot be divided. Mr. Gould asked how the Mr. Thelen approached the rezone and if they filed with the Town. Mr. Shackelford said that Mr. Thelen filed a lawsuit against the Town when the Town disapproved the land division. Mrs. Moore wanted to know what would happen if other neighbors couldn't make it tonight. Chairman Weber explained that the land division would still need approval at a separate Town Board meeting and would also need approval from Dane County. Chairman Weber confirmed that Mr. Gould had a copy of the covenants. Mark Brylski, 972 Wesley Rd., inquired if they could make the other lot and include part of the Thelen lot and turn it into a green space or park area for the Town of Oregon. Discussion regarding the size of Mr. Thelen's lot and number of home sites potentially allowed.
  2. Close Public Hearing at 7:03PM.
  3. Call Regular Plan Commission meeting to order at 7:04PM.
  4. Discussion and possible Recommendation to the Town Board:
    1. Land Division, Pet. # n/a - Divide Lot 51 into two separate lots. Member Klahn has mixed emotions and questioned to what degree the Town of Oregon respects the covenants. Member Blomstrom believes Mr. Gould is taking an honest approach, but remembers that you can't subdivide a subdivision. Member Blomstrom would agree if everyone agrees, but if not there may need to be more discussion. Member Hagemann questioned if splitting Lot 51 in half was so bad. Mrs. Moore lives directly across on Lot 11 and is concerned about additional traffic, driveway and construction vehicles. Member Christensen has mixed feelings and wants to put growth in already developed areas, rather than have them scattered throughout the township. Member Christensen suggests doing more investigating research and consulting with the Town attorney. Member Duffin said the Plan Commission would try to respect covenants when possible. Member Duffin read from the comp plan that the owner may subdivide by use of a CSM. Member Duffin would like to postpone a decision until contact is made with Atty. Bechler. Chairman Weber respects the thoughts and issues of both parties, but also deals with land use issues and growth. Chairman Weber would recommend tabling the decision until contact is made with the Town attorney. Member Hagemann made a motion to postpone a decision for 30 days and seek legal advice. Member Christensen seconded. Motion carries.
    2. Land Division, Pet. # 9874 - Dane County Amendment. This arises from the Dane County addition of "(f) 10.13(2)(f) an annual outdoor show/art fair allowed through a conditional use permit." Motion made by Duffin to approve Pet. # 9874. Motion seconded by Member Hagemann. Motion carries.
  5. Reading and approval of minutes from the last meeting. Motion made by Member Blomstrom to approve minutes from the Plan Commission Meeting on April 29, 2008. Motion seconded by Member Hagemann. Motion carries.
  6. Public Comments.
    1. Keith Syvrud, adjusting of lot lines. Resident Keith Syvrud at 457 Union Road is reconfiguring the lot lines on his land so that the landing strip from the airport is no longer attached to the parcel which contains his house. The size of the parcels would remain the same. Chairman Weber said that the board would not need to act on this matter rather Mr. Syvrud would file a new CSM.
    2. Randall Mussehl, transferring of building site to Montrose township. Mr. Mussehl did not appear.
    3. Lori Wegner, possible conditional use permit on Alpine Road. Ms. Wegner appeared to discuss the potential of a horse boarding facility at the Kiddy property on Alpine Road. Ms. Wegner explained that the horses would be kept in tracts and the horses would run outside of the pasture. The facility would not be in the show circuit, but would be educational and have a family centered approach. The size of the arena would require a commercial building permit. The facility would start with 30 horses and could grow to maintain 100 horses. Horses are outside 24/7. Discussion followed regarding the driveway location and zoning for size of arena.
  7. Discussion and possible Recommendation to the Town Board re: Driveway Variance on Vedvik property, Union Road. Mr. Mark Riese appeared to request a driveway variance that would move the driveway 300 feet to the north from adjacent driveway. Chairman Weber discussed the location with head patrolman Ron Outhouse. Both walked the proposed driveway location and feel that it is a safer location. Motion made by Chairman Weber to grant a variance for this driveway. Member Duffin seconded. Motion carries.
  8. Discussion and possible Recommendation to the Town Board re: Ordinance No. 2008-70, An Ordinance to Extend Ordinance No. 2007-63 Imposing a Moratorium on Subdivision Plat Approvals. Chairman Weber explained that given the current market conditions and the court challenge with the Town of Westport, he does not feel it is necessary to extend the moratorium. Also, the Comp Plan has not yet been approved at Dane County.
  9. Update on Comprehensive Plan. Chairman Weber is trying to get together with Steve Staton, Village of Oregon President. Chairman Weber said that the County likes the plan, but the only problem is the letter opposing the plan sent from the Village of Oregon.
  10. Communications. Member Blomstrom discussed the lot on Netherwood that is becoming a problem and the fencing ordinance. The issue is enforcing the fencing ordinance. Discussion regarding Mr. Mussehl's request for transfer of building site.
  11. Adjournment. Motion made by Member Hagemann to adjourn Plan Commission meeting. Member Klahn seconded. Motion carries. The Plan Commission adjourned at 8:35PM.

Respectfully Submitted,
Jennifer Hanson

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