COUNTY ZONING AGENCY MINUTES, , 9:00 A.M.

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1 COUNTY ZONING AGENCY MINUTES, , 9:00 A.M. The County Zoning Agency met on July 18, 2003 at 9:00 a.m. in the Auditorium of the Courthouse Annex, Elkhorn, Wisconsin. Agency members present were Vice Chairman Charlotte Peterson, Jerome Palzkill, Rulo Clark, and Gregory Holden. Chairman Richard Kuhnke, Sr., was excused. A quorum was present. Land Use and Resource Management Department staff present were Director Michael Cotter, Associate Planner Matt Weidensee, and Plat Review Specialist Terry Schilling. Approval of the agenda A motion to APPROVE the agenda was made by Rulo Clark, seconded by Gregory Holden, and carried Approval of the minutes A motion to APPROVE the minutes of the June 20, 2003 meeting was made by Gregory Holden, seconded by Rulo Clark, and carried Subdivision Items Miller/Sandstrom Proposed Certified Survey Map, Town of Spring Prairie (TAPE I, ) This proposed Certified Survey Map is located in Section 21, Town of Spring Prairie. The plat proposes one lot 5.35 acres or greater in size. The plat is zoned C-2 and A-1. This item is before the Agency for approval of a dual zoned lot. Mr. Miller inadvertently put a driveway on the Sandstrom s property. This lot line adjustment will correct the problem. There was no one to speak for or against this item. A motion to APPROVE was made by Gregory Holden, seconded by Jerome Palzkill, and carried Approval is subject the plat being restricted from further division along the existing zoning line. Discussion/Possible Action re Walworth County cul-de-sac size requirements (TAPE I, ) At a past meeting the question came up regarding increasing the cul-de-sac radius contained in the Subdivision Control Ordinance, Walworth County, Wisconsin to accommodate large fire trucks. In doing some research on this, Plat Review Specialist Terry Schilling noted that Chapter of the Wisconsin Statutes states that only a town or municipality (city or village) may regulate cul-de-sac sizes. On a motion by Jerome Palzkill, seconded by Rulo Clark, it was decided to accept Terry s findings and leave the current radius in the ordinance at 60 ft. The motion was carried Discussion/Possible Action re Walworth County Zoning Committee Packets (TAPE I, ) Discussion took place regarding the size of the packets provided to the Agency members regarding the subdivision items on the agenda. They were looking for a way to cut down on the amount of paper used for these packets. Terry will see how he can streamline these for future meetings. Rezones and Conditional Uses Gary and Jeannie Mermal, Town of Lafayette, Conditional Use for a farm family business for commercial boarding stable for horses with up to 70 horses on lands zoned A-1 (TAPE I, 448

2 548) The applicant was seeking an interpretation review regarding housing of horses in hay storage building on site that does not meet the required setback for housing animals. The applicant had requested to be tabled until such time as the BOA has made a decision. The BOA has denied the variance request regarding use of the hay storage building for housing of animals. The applicant is now seeking to be tabled until such time as an appeal of the BOA decision is complete. A motion to TABLE until the BOA issues are resolved was made by Rulo Clark, seconded by Gregory Holden, and carried Cornerstone Ministries of Burlington, Inc., Town of Lyons, Rezone.4 acres of R-2 to P-2 (TAPE I, ) A motion to APPROVE was made by Gregory Holden, seconded by Rulo Clark, and carried Southern Lakes Evangelical Free Church, Town of Lafayette, Rezone 10.2 acres of A-1 to P-2 (TAPE I, ) The applicant will need to record a pending lot line adjustment and resulting C.S.M. prior to the Agency being able to act on the rezone request. A motion to TABLE until the August 22 nd meeting was made by Jerome Palzkill, seconded by Gregory Holden, and carried All residences within the Pell Lake Sanitary District boundaries zoned R-1 (Town of Bloomfield, Kenneth Monroe, Chairman, App.), Rezone R-1 to R-2 (TAPE I, ) A motion to APPROVE was made by Gregory Holden, seconded by Jerome Palzkill, and carried Scott Dahlberg, Town of Spring Prairie, Rezone 1.75 acres of C-2 to R-1 (TAPE I, ) A motion to APPROVE was made by Rulo Clark, seconded by Gregory Holden, and carried Patrick B. Blair, Town of East Troy, Rezone 1.85 acres of C-4 to C-2 (TAPE I, ) The Town will not be making a decision on this item until August 6 th. Staff recommends tabling until August. A letter of concurrence is also needed from the DNR. A motion to TABLE until the August 22 nd meeting was made by Gregory Holden, seconded by Rulo Clark, and carried David and Patricia Rieck, Town of Lafayette, Rezone 1.01 acres of A-1 to A-5 (TAPE I, ) After the appropriate findings were made as required by State Farmland Preservation Program s91.77(1) Wis. Stats., a motion to APPROVE was made by Rulo Clark, seconded by Jerome Palzkill, and carried on a 3 1 vote with Charlotte Peterson voting no. There would not be a new lot created. Cooperative Plus, Inc., Town of Troy, Conditional Use for expansion of an existing agricultural industry that includes plant food, crop protection products, grain handling, propane, and lubricants by the addition of office space, shop, and warehouse space on lands zoned A-4 (TAPE I, ) A motion to APPROVE was made by Rulo Clark, seconded by Gregory Holden, and carried Approval is subject to the following conditions: 1. Approved as per plan submitted with all additional conditions. 2

3 2. Storage limited to material and goods directly associated with business. Outside storage shall be limited and located as identified on the plan of operations. No outside storage areas including displays of goods shall be allowed in the required setback areas. 3. On site hours of operation shall be from 6:00 a.m. to 6:00 p.m. with hours after 6:00 p.m. for off premise work and returning of equipment to the premises seven days a week. 4. Must meet all applicable Federal, State, County and local regulations. 5. Outside lighting shall be shielded and directed on site. 6. The applicant must obtain all required zoning permit approvals including a revised sanitation permit and a sign permit. 9. No fill, debris, branches or leaves may be brought back and disposed of on site. No burning of waste materials shall occur on site. 10. The applicant must obtain a County Land Disturbance Erosion Control and Stormwater Management Permit from the County Conservation Office. The applicant must submit and obtain approval of a landscaping plan from the County Conservation Office. 11. All parking (including equipment) and access to the site shall meet County requirements. All parking shall be installed according to County requirements within 60 days of this approval. 12. The project site must be kept neat, clean, and mowed. 13. Any changes to the character, intensity or use of this site not capable of being discerned by the Land Management Department as consistent with this approval must be brought before the County Zoning Agency for additional conditional use review. Specific conditions: 14. The gas and diesel fuel station shall be for use by the business only and must meet all State requirements. No general fuel sales shall occur from the site. John and Sue Dewan (Jorja Strehlow, App.), Town of Spring Prairie, Conditional Use for a recreational camp on lands zoned C-2 (TAPE I, ) There is no Town decision as yet. A motion to TABLE until the August 22 nd meeting was made by Gregory Holden, seconded by Jerome Palzkill, and carried Discussion/Possible Action re Robert T. Stewart, Town of Walworth, Rezone 2 (modified down to 1.83) acres of A-1 to A-5 (TAPE I, ) This item was referred back to the Agency from the July 8, 2003 County Board meeting. After further discussion and after the appropriate findings were made as required by State Farmland Preservation Program s91.77(1) Wis. Stats., a 3

4 motion to MODIFY AND APPROVE was made by Rulo Clark, seconded by Jerome Palzkill, and carried on a 3 1 vote with Charlotte Peterson voting no. 1. The front portion of the parcel is lawn and trees and was not historically farmed. 2. The parcel is in the corner of the field, which is difficult to farm because of the size of the area. Chairperson Reports none Staff Reports Conditional Use and Rezone Application Process Matt Weidensee and Michael Cotter (TAPE I, 2172) Michael made reference to questions the Agency had regarding the application process for conditional use and rezone hearings. Matt made a packet for their information showing how the applicant is walked through the process from a checklist through the actual application that has to be filled out. The checklist and information included with each application is very detailed and if the applicant follows the guidelines, his application should be complete. Matt stated that staff goes through the list with the applicant at the pre-application meeting. Sometimes the application is turned in without a pre-application meeting on the deadline day and we have to accept it and schedule it for public hearing. Matt asked if the Agency had any suggestions to make the application process more complete, we would welcome those suggestions. Michael also stated that the County is required to wait 30 days after the public hearing to make a decision. The towns do not have to wait 30 days. They could meet every two weeks. It was also suggested by the Agency that in cases where a rezone has a related conditional use, these items could be listed together on the agenda, instead of listing the conditional separately under that category. Closed Session Closed session regarding Richard and Nancy Gramse (Knutson Bros. II, LLC, App), Town of Delavan, Conditional use for a two-unit Planned Residential Development on lands zoned R-2 (Tax Parcel #FBA 00009) and Richard and Nancy Gramse (Knutson Bros. II, LLC, App.), Town of Delavan, Conditional use for a two-unit Planned Residential Development on lands zoned R-2 (Tax Parcel #FBA 00008) a. A motion to convene into closed session pursuant to the exemption contained in Wis. Stats (1) (g) for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved was made by Jerome Palzkill and seconded by Rulo Clark. A roll call vote was taken as follows: Peterson yes, Palzkill yes, Clark yes, Holden yes. The motion passed. The Agency entered into closed session at 10:30 a.m. b. Discussion regarding claim of Richard and Nancy Gramse (Knutson Bros. II, LLC, App), Town of Delavan, Conditional use for a two-unit Planned Residential Development on lands zoned R-2 (Tax Parcel #FBA 00009) and Richard and Nancy Gramse (Knutson 4

5 Bros. II, LLC, App.), Town of Delavan, Conditional use for a two-unit Planned Residential Development on lands zoned R-2 (Tax Parcel #FBA 00008). Motion to reconvene in open session and any action regarding closed session item. A motion to reconvene in open session was made by Gregory Holden, seconded by Rulo Clark. A roll call vote was taken as follows: Peterson yes, Palzkill yes, Clark yes, Holden yes. The motion passed. On a motion by Gregory Holden and seconded by Jerome Palzkill, it was recommended to place the two conditional uses for Richard and Nancy Gramse (Knutson Bros. II, LLC, App.), Town of Delavan, for a two-unit Planned Residential Development on lands zoned R-2 for Tax Parcel # s FBA and FBA 00009, on the Agency s August 22, 2003 meeting agenda; or, if needed, these items will be placed on the August 21, 2003 public hearing agenda. The motion carried A motion to adjourn the meeting was made by Gregory Holden, seconded by Jerome Palzkill, and carried The meeting adjourned at 11:06 a.m. RICHARD KUHNKE, SR., CHAIRMAN These minutes are not considered final until approved at the next regularly scheduled meeting. 5