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Plan Commission Mtg: K&L, Krahn, Prince of Peace & Berger PUD
Oct 20, 2009

PLAN COMMISSION MEETING
OCTOBER 20, 2009 @ 7:00 P.M.

Members Present: Chairman William Krueger, Kathy Janssen, Paul Huguet, Keith Brunner, Francis Rabas, Norbert Hansen, Steve Olsen, Michelle Wallerius, Clerk, Attorney James Sickel. The Plan Commission was called to order by Chairman Bill Krueger at 7:00 p.m. to address the following requests:

K&L ASSOCIATES: A request from K&L Associates to rezone .7 acres from Ag to B-1 for the creation of a 3 lot CSM. Presently they only had 176 ft of B-1 property available for frontage and wish to create two separate parcels – one for Northern Concrete and one for NEW Organic. Setbacks are appropriate from the existing home – 25 feet. Steve Zeitler states his clients wish to clean up the 2 different zonings which exist on this parcel. The Town previously approved 4 acres for community business but that CSM was never filed or recorded. With the creation of NEW Organic the owners wish to separate the two businesses for financial and legal reasons. Lot 1 – would stay Ag which contains the home. Brown County has approved the three driveway access points from Cty Hwy R.

Keith Brunner questions what zoning the applicant is requesting. On the application, Industrial is listed but the notice of the meeting states B-1. Steve Zeitler states that as an agent for the applicant, it would be Community Business, the same zoning that was approved for this parcel in the past. Clerk also clarifies from special Town Bd meeting with K&L Associates it was their intent to rezone to what was previously approved. Steve Zeitler states they are requesting the same zoning for Lot 2 and Lot 3 and not change the zoning.

Steve Olsen inquires as to how many lots exist. It is all one lot – never recorded to show zoning change. Steve Zeitler states it is now being brought before the Town to create the 2 separate business parcels, in addition to the home site.

Attorney Sickel reviews the Zoning Code as to appropriate usages for B-1 vs. Industrial. Since this site contains construction offices, he believes the applicant would need to apply for a conditional use permit from the Town Board to conduct a construction type business on this parcel, as it would fall under contractors/construction office as a permitted use. As to the Digester, he does not believe that falls under any type of listed use and the Plan Commission should recommend the ordinance be amended to reflect this use.

Steve Olsen questions if it should be a permitted use or as a conditional use? Atty. Sickel states the use should be consistent with the Comprehensive Plan and keep like business with like business. The Plan Commission should take into consideration the intensity of the use as to whether it should fall under community business or industrial. If the Plan Commission wanted to have more control over the use – they could include the digester in the conditional use section. Plan Commission discussion, industrial use is probably not appropriate. Atty. Sickel would recommend the Plan Commission deny the request at this time and have it resubmitted with appropriate legal boundaries for each zone and clarify zoning being requested. B-1 or Industrial.

Steve Zeitler inquires if a metes and bounds description would be more appropriate to further identify the parcel that is zoned B-1. He will submit new application on behalf of clients with appropriate descriptions and clarify the zoning being requested. Atty. Sickel states the Plan Commission could table so no additional fee would be necessary and would suggest they include a recommendation to the Town Board to amend ordinance to reflect the Digester would fall under B-1 zoning as a conditional use. Each entity for K&L would need to submit an application for a conditional use permit for approval for each parcel (one from NEW Organic and Northern).

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Zoning Minutes (10/20/09)

Steve Olsen makes a motion to table the application. Seconded by Norbert Hansen. Motion carried unanimously.

Motion by Francis Rabas that the Digester be added as a permitted conditional use under B-1 and recommend the Town Board amend ordinance to reflect this. Seconded by Norbert Hansen. Motion carried unanimously.

Third Meeting regarding REZONING REQUEST OF D. Krahn (ND-650): This rezoning request is back before the Plan Commission for a vote regarding the rezoning request of David Krahn to rezone 2 acres from ND-650 from Ag to Ag-R for the construction of a single family home for his son. Tabled from September 1, 2009 at the request of the Plan Commission for a map which depicts the slope of the property as it pertains to the navigable waterway which runs through the property and tabled by the Town Board on October 6, 2009 and referred back to the Plan Commission to review new maps and slope that was submitted by Matt Krahn at the Town Board meeting.

Keith Brunner inquires as to why matter is back before the Plan Commission. Kathy Janssen states there was a concern over the distance to the waterway. Original map Matt Krahn presented Commission is different then the one submitted at the Town Board meeting. Francis Rabas states he spoke with John Grant from the DNR and states this is a navigable stream and it should be 300 ft from the waterway. Need to follow the more restrictive rule of the two. Kathy Janssen states that is if it is a mapped flood plain. Unmapped, with less then 12% slope would require less. Parcel has 200 feet of road frontage. Steve Zeitler states applicant would still be required to seek a Shoreline permit from the County to build if within 300 feet of a navigable stream. Francis Rabas states they need to go by the book and Comprehensive Plan. William Krueger states the option for him to obtain the Shoreline permit is available. Francis Rabas feels they need to be consistent with the Comprehensive Plan and this was written with the assistance of Brown County Planning. Kathy Janssen then inquires why all this information was included. Francis Rabas also states for the record he was contacted the applicants to discuss this rezoning and it is against the law and he is prohibited from discussing this rezoning request with the parties.

Norbert Hansen inquires of applicant why he selected this location. Matt Krahn states they wanted to square off the property and keep the balance of the land farmable and it was an appropriate location for a walkout basement. Acreage closer to the farm not an option because his brother is in the process of purchasing the farm from his father.

P. 120 reviewed by the Plan Commission. With a shoreline permit, the closest a dwelling could be constructed is 75 feet. Steve Olsen inquires if Town Board approval is needed for a Shoreline permit. Francis Rabas states the soil in this area is not appropriate for a dwelling and the Town should not have to incur the costs to improve this road. Mr. Krahn inquires why this is relevant to his zoning request. Three homes already exit and it is a Town road.

Plan Commission recommendations sheets completed and votes read by Chairman Krueger:

P. Huguet – No S. Olsen – No
K. Janssen – No N. Hansen - Yes
B. Krueger - Yes F. Rabas - No
K. Brunner – No


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Zoning Minutes (10/20/09)

PRINCE OF PEACE (Rezoning from AG-R to B-1): A rezoning request to rezone parcel from Ag-R to B-1. Ken Miller present as a representative for the Parish and states Father Ron conducted a meeting with the cemetery committee and a 30 foot easement was granted to the cemetery when the property is sold. Minutes of that meeting included with legal recording of easement. A cross easement would still need to be worked out with the new property owners to permit parking during burial services.

Keith Brunner inquires where the easement is located and if a map is available. He does not have a map with him showing the easement location. Steve Olsen refers back to presentation offered by Aaron Schuette with Brown County and references his comment that the Commission should not adopt zoning changes on adjacent parcels w/ easements. Steve Olsen questions how many acres are left? Question as to the type of business being considered. Ken is uncertain who the potential buyer may be. Steve Olsen feels it is extremely unwise to rezone a parcel business, next to a cemetery. Ken Miller states the remaining acres is 3.347 and the building would likely be used as professional offices or retail. Atty. Sickel reviews permitted usages under B-1 zoning and gas stations are not a permitted use as it is a more intensive use. A conditional usage permit would be required.

Kathy Janssen personally agrees with Steve and cannot agree with an easement. Would like to see a permanent driveway to the cemetery. Keith Brunner would like to see a map of the easement. Kathy Janssen feels if they restrict the property from business, they limit the right to sell this property. Steve Olsen would prefer to see another church utilize the property. Kathy states even with that, the cemetery access still poses a problem. Question as to who holds title to the cemetery. The Association holds title to the land, but the plot owners have title.

Norbert Hansen states from the original zoning requesting, the biggest problem was access to the cemetery. They have attempted to resolve this with the cemetery committee. Francis Rabas states Brown County recommends the Town not act on parcels with easements that land locks a parcel. The only change is the easement location and prior to this it was not an improvement easement. Chairman Krueger inquires if the Commission prepared to vote.

Plan Commission recommendations sheets completed and votes read by Chairman Krueger:

P. Huguet – No S. Olsen – No
K. Janssen – No N. Hansen - No
W. Krueger - No F. Rabas - No
K. Brunner – No

WADE BERGER REQUEST FOR RESOLUTION TO ADOPT ORDINANCE FOR A PUD FOR PARCEL ND-176-2: Atty. Sickel provides background to request. He received correspondence from Tom Olejniczak (Mr. Berger’s attorney) for a request for a Planned Unit Development for the construction of a single family home on ND-176-2. The matter was addressed by the Town Board on October 6, 2009 and referred to the Plan Commission for review and recommendation on the proposed Resolution to Adopt a PUD Ordinance for this parcel. Atty. Olejniczak states from past debate and discussion he has attempted to address concerns raised by the Plan Commission from the previous meetings and is proposing a Planned Unit Development. A PUD would address the following concerns: No more development on the north end side of the Town; Concern about Eastwind Drive; one home is being requested vs. 2 homes. By adopting such an ordinance, it addresses those concerns as the home would be located off of Hwy T, would meet all the required setbacks and if the property ceased to be used as a residence for more then 12 months, it

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Zoning Minutes (10/20/09)

would revert back to AG zoning. A draft ordinance has been submitted for review and consideration. Wade Berger inquires if there are any questions of him. None at this time. Plan Commission recommendations sheets completed and votes read by Chairman Krueger:

Atty. Sickel states this technically is not a rezoning request, but the vote is to recommend or oppose an ordinance for a PUD for ND-176-2.

P. Huguet – Opposed to PUD S. Olsen – Opposed to PUD
K. Janssen – Opposed to PUD N. Hansen – Opposed to PUD
W. Krueger - Opposed to PUD F. Rabas - Opposed to PUD
K. Brunner – Opposed to PUD


Motion by Steve Olsen and seconded by Keith Brunner to adjourn at 8:25 p.m. MC

Minutes prepared by:
Michelle Wallerius, Clerk



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