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Selected Plan Commission Minutes
Apr 20, 2009



The Plan Commission Public Hearing was called to order by Town Board Chairperson Darryl Weber on Tuesday, April 20th, 2009 at 6:35PM. The following members were present: Lloyd Klahn, Andy Blomstrom, Dave Hagemann, Darryl Weber, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson. Absent was Paul Morrison.

  1. Open Public Hearing at 6:35PM.
    1. Conditional Use Permit (CUP); CUP # 2106; Parcel # 0509-163-9500. The request is to obtain a conditional use permit to achieve compliance with Dane County zoning regulations. There are no proposed changes to the current use of the property. Current zoning is A-3. Proposed zoning is A-3 with CUP. Petitioner and owner is TG Hann LLC, 200 N. Monroe St. Stoughton, WI 53589. Mr. Hann appeared and provided the board with the list of conditions prepared by Roger Lane at Dane County. Mr. Hann clarified condition #2 that he plans to build a second story onto the Morton building. Mr. Hann explained that he would like to make this improvement to get handicap accessibility and to bring activities inside. Mr. Hann said this is a two to three year business plan. No questions from the audience.
    2. Land Rezone; Pet # 10042; Parcel # 0509-043-8350-2. The request is to rezone .9 acres. Current zoning is A-1 Ex. Proposed zoning is R-1. Petitioner and owner is Trosper, 1461 S. Fish Hatchery Rd., Oregon, WI 53575. Mr. Trosper presented the board with a preliminary CSM of the existing Lot 1 including section A of .17 acres and section B of ½ acre. Mr. Trosper explained that he is selling the home and the banks will not provide financing because the home is zoned agricultural. Another issue is the “66 foot private access easement to be dedicated for public right-of-way purposes when requested by the governing municipality” recorded on the CSM. Mr. Trosper also discovered that the existing mound septic system is 20 feet off the lot line and wants Section A added to Lot 1. Section A and Section B are not considered a split because there would not be an additional home site. Mr. Trosper created Section B for the possibility of a buyer wanting to purchase additional land, but he has not decided if he wants to rezone Section B. The Plan Commission decided that Lot 1 and Section A should be rezoned to residential. Mr. Trosper discussed the possibility of creating two additional home sites in the future and creating a shared driveway. The Plan Commission discussed the road frontage required for the potential lots. Mr. Trosper needs to make an amendment at Dane County to include Section A with the rezone. The Plan Commission confirmed that any additional lots will require a two acre lot minimum. No questions from the audience.
  2. Close Public Hearing at 7:15PM.
  3. Call Plan Commission meeting to order at 7:15PM.
  4. Discussion and possible Recommendation to the Town Board:
    1. Conditional Use Permit (CUP); CUP # 2106 – Request to obtain a conditional use permit to achieve compliance with Dane County zoning regulations. Member Christensen asked about the ownership of the conditional use permit (CUP). The Plan Commission confirmed that the CUP stays with the current owner and would not be transferred to a new owner. Member Christensen made a motion to approve CUP # 2106 subject to the conditions presented. Member Klahn seconded. Motion carries.
    2. Land Rezone; Pet # 10042 – Request to rezone .9 acres from A-1Ex to R-1. Member Klahn suggested that Mr. Trosper draw up a driveway easement agreement before selling the property. The driveway agreement would outline the costs of maintaining the driveway and should cover all three potential lots. Member Christensen confirmed that Mr. Trosper is moving the boundary lines to include Section A. Member Christensen would like to see the property become 2 acres to keep uniformity with other lots. Member Klahn made a motion to approve Petition # 10042, including existing Lot 1 and Section A as presented from A-1 to R-1 and the Town Board receives a copy of the driveway agreement. Member Blomstrom seconded. Motion approves.
  5. Reading and approval of minutes from the last meeting. Member Hagemann made a motion to approve the Plan Commission Meeting Minutes from Tuesday, March 16, 2009. Member Duffin seconded. Motion carries.
  6. Public Comments. None.
  7. Appearance of Andrew Bremer, town planner. Mr. Bremer presented the three changes made since the adopted Comprehensive Plan: 1) changing agricultural preservation to rural preservation; 2) changing transitional to rural preservation II; 3) removing the areas that were in rural development conservation subdivision and putting them into rural preservation II. The change in terminology was suggested to avoid confusion between proposed Land Use Map and the Farmland Preservation Plan Map. Rural Development Conservation Subdivisions were removed from the map but left in the legend because the Town may want to amend the map in the future. The Plan Commission discussed the reasons for amending the map. Mr. Bremer explained that a map amendment would have to be made if someone wanted to do a development with a greater density of more than one per 35 acres or if someone was going to do a commercial lot, but not for a conditional use permit (CUP). Because the policies and plans for rural preservation and rural preservation II are so similar, Mr. Bremer explained that he views gray areas as an indication of future plan updates and could see those areas transition to yellow or blue because they are next to or not far from development, along transportation corridors, near urban areas or have poor soils. Mr. Bremer called it a “staging classification” because the density is the same between rural preservation and rural preservation II. The Town is still maintaining the one per 35. Along with the map changes, Mr. Bremer changed the text from agricultural preservation to rural preservation and transitional to rural preservation II throughout the Plan. The second change was the addition of new text added on page 17. This is a new policy, 2.a.i. that simply states there are no maps for rural conservations subdivisions, but that does not preclude a land owner from making an application and outlines the process. Mr. Bremer removed the footnote that the town was going to develop a rural conservation subdivision. The Plan Commission discussed the Public Hearing scheduled for May 18th, 2009. Mr. Bremer clarified that the public hearing is for the amendment of the Comprehensive Plan only and not on the blanket rezone. Mr. Bremer presented the board with the frequently asked questions (FAQ) prepared by Brian Standing at Dane County for the blanket rezone process. Mr. Bremer said that this could be sent out to all the property owners, but would also like to see the map attached. The Plan Commission discussed changes that need to be made to the FAQ sheet. Mr. Bremer discussed scheduling a public information meeting for the affected residents of the blanket rezone. Member Duffin questioned the last paragraph of the FAQ sheet regarding losing farmland preservation tax credits for properties in A-3. Member Blomstrom questioned the amount of penalty on land rezoned out of agricultural. Mr. Bremer will ask Brian Standing not to speculate on what might happen in the future on the FAQ sheet. The Plan Commission discussed the Working Lands Initiative. Mr. Bremer will contact Brian Standing will him know that the Town would like to proceed with sending the FAQ sheet to the residents and arranging the date for a public hearing. Chairman Weber reviewed that the next step will be the May 18 public hearing on the Comprehensive Plan. After that, the Comprehensive Plan will go to the Town Board on June 2.
  8. Discussion and possible Action re: Blanket Rezone and Comprehensive Plan. This was already discussed under Agenda Item # 7.
  9. Update on ATC transmission lines; PSC Case No. 137-CE-1470. Supervisor Johnson updated the Plan Commission on the status of the hearings at the PSC. The board approved the $2,500 for legal representation of Atty. Glenn Reynolds. Supervisor Johnson has been very impressed with the legal representation. The PSC final decision will be made on July 6th. Atty. Reynolds feels that the PSC is leaning towards the northern route.
  10. Update on Comprehensive Plan. Already discussed.
  11. Discussion and possible Action re: reappointment of Plan Commission members. The Plan Commission reviewed the appointment dates of the Plan Commission members. The appointments are for three terms. The Plan Commission discussed the method used to reappoint Plan Commission members. Motion made by Member Christensen to set terms for reappointment of plan commission members based on their anniversary date as follows: Andy Blomstrom – 9/09, Lloyd Klahn – 2/2012, Darryl Weber - 7/2011, Dave Hagemann – 11/2011, Brian Duffin – 2/2012, Sharon Christensen – 9/2011, and Paul Morrison – 1/2012. Motion seconded by Member Hagemann. Motion carries.
  12. Communications. Chairman Weber reported that the Town Board accepted the fencing ordinance recommended by the Plan Commission. The Plan Commission discussed road work. Chairman Weber discussed the progress with the lot on Netherwood Road and the Butz property. Chairman Weber announced the tree planting this weekend at the town parks. Resident Warren Schmidt gave an overview of the ATC PSC hearings.
  13. Adjournment. Member Christensen made a motion to adjourn the meeting. Member Blomstrom seconded. Motion carries. The Plan Commission adjourned at 9:00PM.

Respectfully Submitted,
Jennifer Hanson

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