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Selected Plan Commission Minutes
Jan 27, 2009


The Plan Commission Public Hearing was called to order by Town Board Chairperson Darryl Weber on Tuesday, January 27, 2009 at 6:35PM. The following members were present: Paul Morrison (arrived at 6:47PM), Lloyd Klahn, Dave Hagemann, Darryl Weber, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson. Member Andy Blomstrom was absent.

  1. Call Plan Commission Public Meeting to order at 6:35PM. Land Rezone; Petition # 10025; Parcel # 0509-334-8500-8 & 0509-334-9001-0. The request is to split 40 acres of wooded parcel and add 24 acres to adjacent 11 acre parcel. Current zoning is RH-3. Proposed zoning is RH-4. Petitioner and owner are Gary and Cathy Leverenz, 5666 Alpine Rd., Brooklyn, WI 53521. Owner Cathy Leverenz distributed color copies of the current and proposed "new" CSM. The Leverenz's own 4 parcels: Parcel A is 19.57 acres with their home zoned A-1 Ex, the back wooded parcel is 40.00 acres zoned A- 1Ex, Lot 1 is 11.038 acres zoned RH-3 with no home and Lot 2 is 8.997 zoned RH-3 with no home. Ms. Leverenz explained that they want to cut the back wooded parcel in half and attach 16 acres to Parcel A with the house and the remaining 24 acres would be attached to Lot 1. Parcel A with the house would remain zoned A-1Ex because it is just over 35 acres. Lot 1 would be rezoned from RH-3 to RH-4 because it is less than 35 acres. They would not make any changes to Lot 2. Chairman Weber said that it is basically a boundary change and reconfiguring of the lot lines. Cathy and Gary Leverenz meet with Brian Standing from Dane County and he recommended adding a deed restriction for Lot 1 that there are no further divisions allowed. However, that was Mr. Standing's only suggestion and said everything else looked fine. The Plan Commission discussed the recommendation from Brian Standing. No park fee will be assessed. The Plan Commission discussed the possibility of getting Lot 1 rezoned to A- 1 Ex, but Cathy & Gary Leverenz did not want to take land away from Lot 2 to make Lot 1 35 acres. The Plan Commission discussed the change that allowed property owners to include road right of way in total acreage. Chairman Weber asked if there were any questions from the audience. None were heard.
  2. Close Public Hearing at 6:45PM by Chairman Weber.
  3. Call Plan Commission Meeting to order at 6:46PM by Chairman Weber.
  4. Discussion and possible Recommendation to the Town Board:
    1. Land Rezone; Pet. # 10025 - Request to split 40 acres of wooded parcel and add 24 acres to adjacent 11 acre parcel. Chairman Weber polled the Plan Commission members for further questions. Member Klahn didn't have any questions. Member Hagemann questioned the Leverenz's decision to not make Lot 1 35 acres and re-zoned to A-1 Ex. The Leverenz's confirmed that they did not want to pursue zoning of A-1 EX for Lot 1. Member Duffin didn't have any questions. Member Christensen didn't have any questions. Chairman Weber questioned the future accessibility of the two lots by the driveway. The Leverenz's explained that at the time of the original split they were only allowed one entrance off of Alpine Road and Lot 1 and Lot 2 will need to share a driveway. Chairman Weber clarified that a certified survey map will need to be recorded. Member Morrison arrived at 6:47PM. Member Duffin made a motion to approve Petition # 10025 with the stipulation of a deed restriction that no further divisions are allowed on Lot 1. Member Hagemann seconded. Motion carries. Chairman Weber will pass the Plan Commission's recommendation onto the Town Board.
  5. Reading and approval of minutes from the last meeting. Member Hagemann made a motion to approve Plan Commission minutes from November 25, 2008 with the change of spelling "DATCAP" to "DATCP." Member Duffin seconded. Motion carries.
  6. Public Comments.
    1. Dann Barber - possible zoning change at 905 Harding St. The Clerk's office received a written compliant on the condition of this property. Neither the complainant nor the homeowners are in attendance. Constable Gary Wackett checked the location and reported that all vehicles have current licensing and it doesn't fall within the junk ordinance. The Plan Commission discussed if there are deed restrictions or covenants in that subdivision. Chairman Weber requested the clerk's office send Mr. Barber a letter asking him to appear at the next Plan Commission meeting. Chairman Weber asked if there were any other public comments. Hearing none, Chairman Weber moved onto Agenda Item 7.
  7. Discussion and possible Action re: proposed 132 ft AG wind turbine. Resident Dave Weiman, 6031 Lawry Court, appeared to discuss the impact of the wind turbine on private airport owners. Supervisor Phil Van Kampen discussed the regulation of the tower by the county and town. Chairman Weber asked Mr. Weiman if the height of the tower would affect the airplanes. Mr. Weiman discussed a pending resolution at the county to prevent tall structures. Mr. Weiman said that private airports are concerned about the approach path and air traffic pattern. The proposed wind turbine is located in the township of Oregon, but does not affect the private airports. Mr. Weiman said Mr. Phil Peterson questioned if a light should be attached to the tower, but Mr. Beasley does not want a light. Mr. Weiman discussed that the Town previously passed a resolution to protect the approach path of private airports. Mr. Weiman is concerned about future projects of this nature. Robert Johnson discussed legislation passed by the Federal government to promote wind turbines. Chairman Weber would like to leave this issue up to Dane County and follow their guidance.
  8. Discussion and possible Action re: Fencing Ordinance. Chairman Weber explained that Atty Hazelbaker suggested staying with our current fencing ordinance. Chairman Weber explained that the right hand rule applies regardless of beliefs. Chairman Weber made it clear that a developer of a subdivision is responsible for the entire cost of fencing. Chairman Weber also discussed "spite" fencing which is an unsightly fence erected for no other purpose than to irritate a neighbor. The Plan Commission discussed the differences in fencing rules between residential and agriculture. Chairman Weber explained that the original reason for reviewing the fencing ordinance was to make the fencing ordinance easier to interpret. Yet after much discussion, the town attorney has recommended staying with the state fencing ordinance due to liability. Member Morrison suggested that there may need to be clarification between the town fencing ordinance and the state ordinance. Chairman Weber would like to add the fencing ordinance to the February agenda to allow time for more research on the issue.
  9. Discussion and possible Action re: letter from Ruekert Mielke on FEMA flood hazard maps. Deputy Clerk Hanson explained that the letter was received in the clerk's office and it is asking if the town would like assistance in updating our floodplain zoning ordinance because FEMA has updated and modernized the nation's flood hazard maps. Chairman Weber complimented Constable Wackett for completing the paperwork necessary for the Dane County Emergency Management Plan. This paperwork will ensure that the town receives county funding in an emergency situation. The town has purchased flood maps in the past from FEMA. The Plan Commission looked at the flood maps from 2003 that are currently at the Town Hall. The letter was an attempt to solicit business and no action was taken.
  10. Discussion and possible Action re: Dane County Environmental Grants. Deputy Clerk Hanson presented information regarding grants available from Dane County. The grants are related to conservation and should be passed onto Steve Root, chairman of the Park Committee.
  11. Discussion and possible Approval re: changing the date of the Plan Commission meeting to the third Wednesday of the month. Chairman Weber explained the change in date would allow more time between the Plan Commission meeting and Town Board meeting. It would also allow Plan Commission members to attend meetings held at Dane County on Tuesday evenings. Chairman Weber polled the Plan Commission members on what day of the week would work for the majority. Member Duffin made a motion to move the Plan Commission meeting to the 3rd Monday of the month at 6:30PM. Member Morrison seconded. Motion carries. The change will occur starting with the February 2009 meeting. Chairman Weber directed Deputy Clerk Hanson to place a notice on the town website.
  12. Update on Comprehensive Plan. Chairman Weber talked with Dane County Supervisor Jensen and reported that the latest map changes have been submitted to DATCP. Brian Standing from Dane County was working on getting a response from the Village of Oregon. DATCP has approved the comp plan and so has ZLR, so the plan has been moved onto the Land & Water Initiative. Chairman Weber said it is possible that the Comp Plan maps may need to be changed to match those of the DATCP maps. After the Comp Plan is approved by the Land & Water Initiative, it will move onto the County Executive. Member Hagemann clarified that the Town may still need to do some rezoning of land in the town. The Plan Commission discussed the progress of the Comp Plan.
  13. Communications. Chairman Weber discussed the possible site approval of a heliport site on Purcell Road. Chairman Weber asked if Mr. Weiman knew about this site approval. Mr. Weiman said the state has contacted the local private airport owners, but none of the private airport owners have any objection. Mr. Weiman believes the request is for 10 operations a year. Constable Wackett questioned the noise produced from the heliport site and the impact on the surrounding Raven Oaks neighborhood. The town does not have jurisdiction over a personal heliport site approval and restrictions can only be placed if a conditional use permit is issued. A personal landing strip does not need a conditional use permit because it is used solely by the owner and would also be registered for emergency landing. Mr. Weiman explained the difference between a personal and private landing strip. Member Duffin asked if the surrounding land owners would be notified of the heliport site approval. Mr. Wieman does not believe that residents are notified. Member Klahn suggested writing a letter to Wisconsin Bureau of Aeronautics if they will be notifying surrounding residents. Chairman Weber feels that notification of the surrounding neighbors is very important.
  14. Adjournment. Member Klahn made a motion to adjourn the Plan Commission meeting at 8:20PM. Member Hagemann seconded. Motion carries.

Respectfully Submitted,
Jennifer Hanson

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