Town of Oregon
Planning Commission Meeting Minutes
Tuesday, November 21, 2017
1. Open Public Hearing:
a. Land Rezone and CUP Request. Petition # DCPREZ-2017-11228. Parcel # 0509-223-8080-0; 5459 County Highway A, Brooklyn, WI 53521. The request is to rezone 8.67 acres from RH-3 to A-2(8) and a conditional use permit (CUP) for sanitary fixtures in agricultural accessory building. Owner and applicant is Robert Switzky,1608 W. South Street; Stoughton, WI, 53589.
Chairman Duffin called the public hearing to order on Tuesday, November 21, 2017 at 6:35 p.m. Robert Switzky, 1608 W. South Street, Stoughton, WI, appeared to request rezoning 8.67 acres from RH-3 to A-2(8) and a CUP for sanitary fixtures in an agricultural accessory building. He would like to construct a Cleary building with a toilet and sink for raising pigmy goats. Sanitary fixtures are not allowed in an accessory building in the current RH zoning, but allowed by CUP in A-2 zoning. This would not be for a commercial business. The septic system for the accessory building and the future home will be connected. The home will be constructed in Spring 2018. Duffin explained that the town can limit the CUP by only allowing only a sink and toilet and excluding all other uses. The town can also specify for the CUP to go with either the property or landowner. Duffin closed the public hearing at 6:47 p.m.
2. Call Plan Commission meeting to order.
Chairman Duffin called the regular plan commission meeting to order on Tuesday, November 21, 2017 immediately following the public hearing.
3. Roll Call.
The following Plan Commission members were present Sharon Christensen, Arlan Kay, Dave Hagemann, Andy Blomstrom, Arlen Christensen, Tim Yanacheck and Chairman Brian Duffin. Also present were Town Board Chairman Wayne Ace and Deputy Clerk Treasurer Jennifer Hanson.
4. Discussion and possible Recommendation to the Town Board:
a. Land Rezone and CUP Request. Petition # DCPREZ-2017-11228. Parcel # 0509-223-8080-0; 5459 County Highway A, Brooklyn, WI 53521.
There was lengthy discussion regarding allowing the CUP to go with either the property or landowner. There was concern that if the property was sold then the sanitary fixtures could be used for purposes not approved by the town.
A. Christensen moved, seconded Dave Hagemann to recommend to the Town Board approval of CUP Request, Petition # DCPREZ-2017-11228 to restrict the CUP to allow for a sink and toilet only and to run with the landowner. Motion carried 7-0. D. Hagemann moved, seconded by A. Christensen to recommend to the Town Board approval of Land Rezone Request, Petition # DCPREZ-2017-11228 on parcel # 0509-223-8080-0 to rezone 8.67 acres from RH-3 to A-2(8). Motion carried 7-0.
b. Robert and Christine Dicke, 6205 Knollwood Dr., requesting a variance from Dane County due to a height restriction on new home. The home will be built at 5886 County Highway A, Brooklyn, WI 53521.
Duffin explained that the town has been asked to provide input to the Dane County Board of Adjustments on a variance requested by Robert and Christine Dicke. The variance requested is due to the denial of a county zoning permit due to the height restriction on a new home to be built on County Highway A. Robert Dicke, 6205 Knollwood Dr., said the new home is designed to be built into the hill and will exceed the height restriction by 6 ¼ feet. The height restriction only applies to the side of the house that faces the road. Mr. Dicke explained that the four levels are important because the home will use convection pooling to heat and cool. Mr. Dicke went into further detail on the layout of the new home. There was discussion about the surrounding neighbors. Yanacheck expressed concern for the surrounding neighbors and asked what the hardship is to redesign the home to comply with the law. Dicke said the building would have to be shorter by either building into the ground or eliminating the observatory on top which would affect the convection pooling. There was discussion regarding the orientation of the house because the back of the house faces the road. Kay suggested adding wells in the basement. The plan commission expressed concern with the surrounding neighbors being notified of the variance request and suggested inviting the neighbors to the next town board before providing input to the Board of Adjustments.
5. Approval of minutes from the last meeting.
S. Christensen moved, seconded by Hagemann to approve the Plan Commission Meeting Minutes from October 17, 2017. Motion carried 7-0.
6. Public Comments.
Susan Krebsbach provided a document on open space subdivisions in 7 counties and 42 communities from 2008 that have ordinances, but was unable to determine the minimum acreage required.
7. Discussion and possible Action re: Hofer Living Trust, Parcel # 0509-131-9270; property located on County Highway MM near intersection with Pleasant Oak Dr.; annexing 17.81 acres to the Village of Oregon for a single-family housing development.
Bruce Hollar, principal engineer at D’Onofrio Kottke and Associates, Inc., appeared to discuss the Hofer annexation application made to the Village of Oregon for a residential subdivision. This project is located along County Highway MM by Foxboro Golf Course. The annexation application is consistent with the future land growth in the Village of Oregon. Phase One of the project is the annexation of 17 acres. There are two more future phases of annexation. The presentation was made before the planning commission at the Village of Oregon, but has not yet been approved. The 17 acres being annexed are in the urban service area. Phase 2 and 3 are outside the urban service area and the Village of Oregon will petition CARPC for including those areas. The village is concerned about the road going onto County Highway MM, so they will petition Dane County for a reduced speed limit to 35 mph and provide turn lanes. They are also proposing a couple islands to guide traffic around each side and provide refuge for pedestrians walking across the road. Dane County will have to approve the traffic plan and storm water management. The plan commission is concerned with the traffic and drainage.
8. Discussion and possible Action re: Public Hearing at Dane County regarding 2017 OA-39; Correcting plan maps for the Town of Oregon to reflect the plan map as adopted by the Town of Oregon and Dane County.
There is a hearing at Dane County to correct the zoning on property owned by Dale Secher. There are no issues with this correction.
9. Discussion and possible Action re: Transfer of Development Rights (TDR) and RH policy 1f.
Duffin discussed scheduling a joint meeting with the Town Board for a presentation by Brian Standing on the revisions to the Dane County Zoning Ordinance. The plan commission has also gotten approval from the town board to meet with Andrew Bremer from MSA to discuss the land division ordinance. The joint Town Board and Plan Commission meeting will be scheduled for Monday, December 18 and the meeting with Andrew Bremer from MSA will be scheduled for Tuesday, January 16, 2018.
10. Discussion and possible Action re: Review of the Town Comprehensive Plan.
This was discussed above.
11. Set date for plan commission work session.
This was discussed above.
The plan commission reviewed the parking ordinance.
Hanson asked for clarification on what properties qualify for a $20.00 agricultural building permit fee. Duffin said the intent was for an agricultural building recording permit fee to apply on properties zoned agricultural only.
S. Christensen moved, seconded by Hagemann to adjourn the meeting at 8:50 p.m. Motion carried 7-0.