Planning, Zoning & Land Records Committee


DATE: March 10, 2009

Committee Members Present: Ashford, Gaalswyk, Netzinger and Cassity.

Committee Members Absent: Lehman.

Others Present: Mark Steward, Mary White, Benny Stenner, Brent Bailey, Ruth Oetzman, Jim and Carol Sprecher, Steve Sorenson, Brian Simmert, Dave Tremble, and others.

Chairman Cassity called the meeting to order and staff certified compliance with the open meeting law.

Motion by Ashford, seconded by Gaalswyk to approve the agenda with the following changes: There would be no departmental updates from Mapping or the Surveyor, move item (i.) to after 7. and strike the department report from the Register of Deeds. Motion carried, 4-0.

Motion by Gaalswyk, seconded by Ashford to approve the minutes of the February 24, 2009 with clarification of the second paragraph on page 3.#5 in the paragraph refers to #5 in Section V: Conditions of the conditional use permit forFreida Brei. Motion carried, 4-0.

Public Comment: None

Communications: Steward had received a press release from the City of Baraboo regarding construction on a 200 foot extension to the runway at the Baraboo Airport. Insurance Rules and runway length were briefly discussed. A notice of a pre-construction conference on Highway 12 to be held on March 20th was reviewed. Steward had also received information from WCCA regarding shoreland legislation changes.

Brent Bailey, Register of Deeds appeared. Motion by Gaalswyk, seconded by Netzinger to approve the Register of Deeds' vouchers in the amount of $4,841.24. Motion carried, 4-0.

The Committee reviewed the Register of Deeds' annual report. Foreclosures and the budget report were also reviewed.

The next item for review was a conditional use permit requested by William and Ruth Oetzman in the Town of Franklin. Brian Simmert appeared and gave the background information on the proposal. Ruth Oetzman addressed the Committee. She stated they had no desire to subdivide and would continue to farm. Section III conditional use permit standards were read and answered in affirmative. Motion by Ashford, seconded by Netzinger to approve the conditional use permit. Motion carried, 4-0.

Planning and Zoning had no vouchers at this time.

Mark Steward distributed and reviewed the Planning and Zoning monthly report. He stated that there was going to be a county comprehensive planning meeting on March 30, 2009 at the CAL center in Reedsburg. Upcoming activities and issues were discussed.

Steve Sorenson and, Jim and Carol Sprecher, then appeared regarding a limited, short term nonmetallic mining project. Sorenson gave background information on the project. Short term project can be allowed with Committee approval. Jim Sprecher explained the area will be returned to a crop field in May of this year. Board of Adjustment approval was not needed. Extending the time to complete the project was discussed. Motion by Gaalswyk, seconded by Netzinger to approve the project with an extension of two weeks time to complete it. Benny Stenner, Town of Spring Green Chair, stated that the town supports the project. Motion carried 4-0.

Discussion followed regarding attendance by Jerry Lehman to the "Emerging Issues in Wind and Renewable Energy" seminar on March 30, 2009. Motion by Gaalswyk, seconded by Ashford to approve Lehman attending the session. Motion carried, 4-0. This attendance also needs to be approved by a 2/3 vote of the County Board.

Chapter 22, Land Division and Subdivision Regulations, relating to definition of access easement and frontage requirements, was then discussed. This item was defeated at the last County Board session. It can go back to the County Board without changes if brought back by a Committee member who voted in opposition to it. Definition of driveway was discussed. It is up to the towns to have driveway ordinances. An easement is the land and a driveway goes on it. Steward stated that the County can't require driveways because driveways are considered an improvement. Access easements were discussed. Most towns do have driveway regulations. A recorded easement document needs to be completed. Multiple parcels with one access easement were discussed. Discussion followed on Committee authority/responsibility. Driveway definition was again discussed. Netzinger requested the Committee to be notified of future meetings concerning preliminary work on ordinance revisions. By proposing this change Gaalswyk stated they were trying to make the ordinance more user friendly. Netzinger questioned if the Committee could require specific language or a model document. Simmert responded they could not. Netzinger would like to get copies of towns' driveway ordinances. If the definition of driveway was added to the ordinance it would have to go back to a public hearing. Motion by Cassity, seconded by Ashford to take the changes to Chapter 22, Land Division and Subdivision Regulations back to the County Board on March 17, 2009. Motion carried, 4-0.

The next item for discussion was Chapter 7, Sauk County Zoning Ordinance, related to permit issuance and Planning and Zoning Department functions. Cassity requested a copy of State Statutes 236. Discussion continued on using dollar amounts to determine when permits are required. Steward suggested taking the dollar amount out and go with square footage. Different sizes were discussed. The Committee could make an amendment to scratch the dollar amount and send it to the County Board or make that change and go to public hearing. A motion to postpone the change was made at the public hearing on February 10, 2009. Gaalswyk moved to bring the motion back to the table and to amend it to say anything over 10 X 10 X 12 requires a permit. The motion was withdrawn. Further discussion followed. Motion by Netzinger, seconded by Ashford to require permits for any structure over 100 square feet in floor area. Motion carried, 4-0. Motion by Ashford, seconded by Gaalswyk to take this amendment to the County Board on March 17, 2009. Motion carried, 4-0.

Discussion followed regarding sawmills. Steve Sorenson appeared. This item refers specifically to a sawmill operated by Jim Birkmeier. Sorenson stated that there were 7 operating sawmills in the County and they all had special exception permits from the BOA. Ways to regulate this use were discussed. Steward distributed copies of a County Board report. Motion by Netzinger, seconded by Ashford to delay consideration on this subject at this time. Discussion followed. Motion carried, 3-1, with Gaalswyk in opposition.

Simmert appeared with a work plan to develop ordinances. He explained use-based and form- based codes. Using students and a consultant were discussed. A working committee would be formed.

Discussion and possible action on the boathouse language in Chapter 8 was postponed.

Dave Tremble then appeared. Funds left for the purchase of development rights were discussed. He explained a request by Thomas Cummings was placed on hold until the fund balance was determined.

Tremble gave the background information on a request by James Halbach in the Town of Freedom. Motion by Ashford, seconded by Gaalswyk to approve the purchase of the development rights on property owned by James Halbach. Discussion followed on farmland preservation law. Motion carried, 4-0.

Tremble gave the background information on a request by Darrell Klingenmeyer in the Town of Freedom. Motion by Ashford, seconded by Gaalswyk to approve the purchase of the development rights on property owned by Klingenmeyer. Motion carried, 4-0.

Tremble gave the background information on a request by Richard Heinzen in the Town of Freedom. Motion by Ashford, seconded by Gaalswyk to approve the purchase of the development rights on property owned by Heinzen. Motion carried, 4-0.

Tremble gave the background information on a request by Kendall and Carla Cady in the Town of Greenfield. Motion by Ashford, seconded by Gaalswyk to approve the purchase of the development rights on property owned by Cady. Motion carried, 4-0.

Motion by Ashford, seconded by Netzinger to adjourn at 12:20 p.m. Motion carried, 4-0.

Respectfully submitted,

Judy Ashford, Secretary

notes by mary white.