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Selected Plan Commission Minutes
Mar 16, 2009



The Plan Commission Public Hearing was called to order by Town Board Chairperson Darryl Weber on Tuesday, March 16, 2009 at 6:33PM. The following members were present: Paul Morrison, Lloyd Klahn, Dave Hagemann, Darryl Weber, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson. Absent was Andy Blomstrom.

  1. Open Public Hearing at 6:33PM.
    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. Greg Hann appeared and gave a brief history of the reason for the rezone. He thanked Dane County Supervisor Jerry Jensen for his continued support and help in this process. Mr. Hann explained that both the fire inspector and building inspector visited his property. The state inspector told him that there is no reason for his business to be a commercial business. However, the fire inspector told him that it was a commercial building and he then spent $16,000 in upgrades to the building. The state inspector revisited his business and said the changes were nice, but unnecessary. At the same time, Mr. Hann was working with Dane County on finding the correct zoning classification. Dane County decided that it was an agricultural business and the best way to bring it into compliance was to obtain a conditional use permit and documenting the approved uses. The Plan Commission discussed the zoning of other properties in the town and the type of products sold by Mr. Hann. Member Klahn asked how the conditional use permit would read. Mr. Hann provided a document with four paragraphs explaining his business. Mr. Jensen clarified that document would be narrowed down to a few sentences and the conditional use permit would be for farm entertainment. The Plan Commission discussed other related businesses in Dane County. Member Duffin read the Dane County zoning code. Member Duffin questioned the retail aspect of selling trees that were brought it from other growers and if this would be allowed under the proposed zoning. The conditional use permit will stay with the owner. Chairperson Weber asked if the conditional use permit should be reviewed periodically. The decision was to not review it unless there is a compliant. Mr. Hann will operate more that 45 days. Member Hagemann asked what the standard hours of operation will be. Mr. Hann explained the hours worked by employees. Member Hagemann asked to have those hours written into the conditions.
  2. Close Public Hearing at 7:03PM.
  3. Call Plan Commission meeting to order at 7:03PM.
  4. Reading and approval of minutes from the last meeting. Member Klahn made a motion to approve the Plan Commission Meeting Minutes from Tuesday, February 24, 2009. Member Christensen seconded. Motion carries. * The Hann Conditional Use Permit was not noticed correctly on the agenda. The Plan Commission discussed the options available. Mr. Jensen said that it may be better to wait because it would give Mr. Hann time to obtain a list of restrictions. Mr. Hann request for a CUP will be discussed at the April 20th Plan Commission meeting and a decision made at the May 5th Town Board Meeting.
  5. Public Comments. None.
  6. Discussion and possible Action re: Town Board's decision to intervene in the ATC matter; PSC Case No. 137-CE-1470. Town Board Supervisor Chris Johnson discussed the ATC meeting she attended in Dunkirk regarding intervention in the ATC matter at the PSC. Supervisor Johnson felt that it would be in the best interest of the town to join the surrounding municipalities and contribute funds to the attorney representing the municipalities. Resident Warren Schmidt discussed the importance for the Town of Oregon to be represented at the PSC by legal counsel. Mr. Schmidt recommended hiring Atty. Glenn Reynolds to represent the interests of the town since he is already representing the surrounding municipalities. Chairman Weber clarified that the Town Board would have the final decision since this would require change in the budget. Member Morrison felt that it was appropriate to spend money on this issue. Member Klahn also agrees. Member Hagemann added that we should mention the other municipalities that are participating. Member Duffin agrees. Member Christensen agrees and believes the town should be able to find the money in our budget. Chairman Weber also supports the recommendation to fund legal counsel. However, Chairman Weber disagrees with a couple statements made by the PLURAL group. One is the statement that the transmission line is unnecessary and also would like it noted that the beltline already has easements available. Member Hagemann made a motion to request the Town Board consider donating matching funds to the Town of Rutland, approximately $2,500, to be paid directly to the lawyer to help fight ATC, PSC Case No. 137-CE-1470 and to be used on the environmental and existing right of way issues. Member Christensen seconded. Motion carries. Mr. Jensen suggested sending a letter to the attorney of the town's intent to request representation for $2,500, but must first obtain board approval. Chairman Weber directed Supervisor Johnson to write such a letter.
  7. Discussion and possible Action re: Fencing Ordinances. Chairman Weber said that the town's attorney has suggested adopting the state fencing ordinance. Member Duffin explained that he originally wanted to make our fencing ordinance easier to understand, but has read through all the fencing materials and was very impressed by the UW Extension Fact Sheet, Fences in Agricultural Areas. Chairman Weber discussed past fencing disputes and creation of a new fence viewers board. Member Duffin made a motion to recommend to the Town Board that as of May 1, 2009 to suspend all past fencing regulations and replace them with the state fencing regulations and also recommend that we keep copies of the UW Extension Fact Sheet - Fences in Agricultural Areas in the Town Clerk's Office and to make those fact sheets available. Member Klahn seconded. Motion carries. The plan commission than discussed the fee charges for the Fence Viewers. Member Duffin made a motion to charge $40 a trip for fence viewers and $20 to submit a report to the clerk's office. Member Hagemann seconded. Motion carries.
  8. Update on Comprehensive Plan. Town Planner, Andrew Bremer was unable to attend. The Plan Commission discussed the differences between A-3 and A-1 Ex zoning. The Plan Commission took time to read a memo sent by Mr. Bremer before the meeting. Member Morrison suggested changing wording but is concerned that it would than mean two different things. Member Morrison would like clarification from Dane County on the change of wording and suggests that we check with Mr. Bremer to ask Brian Standing at the county if Dane County would find the change acceptable. Chairman Weber directed Deputy Clerk Hanson to email Mr. Bremer. The Plan Commission discussed some of the parcels that would require rezones as part of the blanket rezone required by Dane County. Member Christensen questioned the DATCP and Comp Plan maps. The Plan Commission discussed the maps and how to explain the blanket rezone to residents. They also discussed the affect on rural businesses. Member Hagemann would also like a statement from Brian Standing that A-3 and A-1 Ex would be treated the same at the county for standard residential splits.
  9. Discussion and possible Action re: reappointment of Plan Commission members. Chairman Weber tabled action to allow the deputy clerk more time to complete research on the start date of the Plan Commission members. The Plan Commission members discussed their starting date.
  10. Communications. None.
  11. Adjournment. Member Klahn made a motion to adjourn the meeting. Member Duffin seconded. The Plan Commission adjourned at 8:38PM.

Respectfully Submitted,
Jennifer Hanson

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