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August 11, 2009 Plan Commission - Rezoning: Berger/Larsen
PLAN COMMISSION MEETING
AUGUST 11, 2009 @ 7:00 P.M.
Members Present: Chairman William Krueger, Kathy Janssen, Mike Calewarts (alternate), Paul Huguet, Keith Brunner, Michael Gaworek (alternate), Norbert Hansen, Steve Olsen, Michelle Wallerius, Clerk and Attorney James Sickel.
REZONING REQUEST OF LANCE & CARRIE LARSEN:
A meeting of the Plan Commission was called to order at 7:00 p.m. by Chairman Bill Krueger. Due to a conflict of interest, Chairman Krueger will not participate and appoints Michael Calewarts to serve as an alternate. Michael Gaworek appointed as alternate for Francis Rabas. Steve Olsen nominated as Chair for this rezoning request.
A Petition is before the Plan Commission to rezone 10.24 acres from Ag to Ag-Residential for the construction of a single family home. This property is currently owned by the Petitioner’s uncle and they would propose to have 2 acres with the home and the balance would be converted to a tree farm/hobby farm. The entire parcel contains 38.1 acres and presently there are 3 mobile homes on the parcel that are owned and rented out by Ted Krueger. Mike Calewarts questions how many homes are on the parcel and how three trailers were allowed. Kathy Janssen states there were located on the property for years. Concern about the trailers being removed with one acre of land – which would create 3 non-conforming parcels (minimum requirement would be 1.5 acres each). If 1.5 acres is required, the parcel would fall below the 35 acre minimum. Discussion that the trailers could be removed completely. The parcel would be left w/ 35 plus acres and number of homes on one parcel would not be an issue.
Attorney Sickel reviews the zoning criteria that should be consider when reviewing this request: page 83 of the Town Zoning Code along with the objectives and goals of the Smart Growth Plan. Worksheet of Plan Commission Zoning Standards to be considered by each member.
Kathy Janssen inquires if Ted Krueger has submitted any form of letter or is present to authorize the parties to seek this request, since he is the recorded land owner. The Larsens do not have a letter from Ted but he supported their request to seek the rezoning. Kathy feels the Commission needs to give their attention to #9 of the Zoning Code – which directs the Commission to do what is in the best interest of the public. Also the Town spent 18 months on the Smart Growth Plan and this Plan was adopted by the Town as a whole. This rezoning request does not fall within future land use for residential development. Allowing a change needs to serve the good of the Town, not just the petitioners and she recommends the Commission stand by the Smart Growth Plan. Norb Hansen also feels the request needs to be based upon what is in the best interest of the Town.
Roll Call Vote: Kathy Janssen – Opposed; Mike Calewarts: Opposed. Paul Huguet: Opposed. Keith Brunner: Opposed; Michael Gaworek: Opposed; Norbert Hansen: Opposed; Steve Olsen: Opposed. The Plan Commission voted 7-0 to deny the rezoning request of Lance/Carrie Larsen.
Petitioners question if parcel is buildable if homes/trailers are removed from parcel, leaving 35.1 acres. Question if parcel is buildable. Public Hearing to take comment on Larsen rezoning request scheduled for Monday, August 24, 2009 at 7:30 p.m. Meeting closed.
PLAN COMMISSION MEETING
AUGUST 11, 2009 @ 7:00 P.M.
Members Present: Chairman William Krueger, Kathy Janssen, Paul Huguet, Keith Brunner, Michael Gaworek (alternate), Norbert Hansen, Steve Olsen, Michelle Wallerius, Clerk and Attorney James Sickel.
REZONING REQUEST OF WADE BERGER on remand from the Court:
A meeting of the Plan Commission was called to order at 7:25 p.m. by Chairman Bill Krueger. Chairman Krueger appoints Michael Gaworek to serve as alternate for Francis Rabas. Chairman Krueger inquires of Commission if there are any conflicts of interest, such as pending lawsuit, etc. with Mr. Berger. No conflicts noted.
Attorney Olejniczak provides a letter to the Commission to clarify what Mr. Berger is presently requesting. Mr. Berger’s original rezoning request for parcels ND-176 & ND-309 were directed back to the Plan Commission in 2004 by Brown County Circuit Judge William Atkinson. Currently before the Commission, Mr. Berger is seeking a rezoning of ND-176-2 (which is highlighted) for the construction of two single family homes. One for himself and one for his son. It is not the Bergers intent at this time to request rezoning for a future subdivision. Uncertainity how the request for a subdivision evolved from his original request. Berger believes it was at the request of the Board, but ultimately Brown County became involved and provided direction for the development of a 17-18 home subdivision.
Discussion re: CSM does not accurately reflect Town’s position as it pertains to Eastwind Drive. Road does not exist and was not approved or accepted by the Town. Review of the Minutes by the Clerk does not reflect the map was accepted or approved by the Board in the Minutes. A CSM was signed by the former Clerk and recorded with the Register of Deeds. The Town considers this present “road” as a private driveway.
Commission reviews proposed map of parceled property submitted by Attorney Olejniczak. The Bergers propose to use the creek as a dividing line for the two parcels. This would leave the back parcel with no road frontage. These parcels are being divided from the original parcel – which currently has 31.9 acres remaining. Question as to trees in conservancy – and if it is a navigable stream – 12% slope may play a factor if it falls into this classification.
Prior to official roll call vote being taken, Attorney Oljeniczak suggests that the Plan Commission put this rezoning request on hold until all the information can be put together and answer some of the questions raised tonight instead of guessing what happened in the past and what the Commission should take into account when making their decision. Attorney Oljeniczak to put together packets of information for the Plan Commission prior to the next meeting. Motion by Steve Olsen and seconded by Norbert Hansen to table Berger’s Petition for rezoning until further information can be provided to the Plan Commission. 7 ayes, Motion carried unanimously. The Plan Commission will reconvene on September 1st at 7:00 p.m. to make a preliminary recommendation on this zoning request. Public Hearing will be conducted on September 14, 2009 at 6:30 p.m. prior to the Town Board meeting.
Steve Olsen requests that Attorney Sickel provide the Plan Commission with directives on what retroactive information should be considered when voting on this rezoning request or whether they rely on current standards.
Motion by Steven Olsen and seconded by Norbert Hansen to adjourn the Plan Commission meeting at 8:20 p.m. MC
Archive:
August 31, 2010 Special Town Board Meeting Minutes
August 17, 2010 Plan Commission Meeting Minutes
July 20, 2010 Plan Commission Meeting Minutes
July 12, 2010 Regular Monthly Meeting for July
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes