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Plan Commission Mtg - W. Berger
Jan 19, 2010

JANUARY 19, 2010 @ 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.

Board referral: WADE BERGER’s request to clarify if parcels ND-176-2 and ND-309 are buildable with 35 acres. Issues to clarify: 1) determine the width of road; 2) determine zoning of ND-313 (Ag-R or Ag-1; 3) Verify Size of Parcel A and Parcel B and 4) whether road is deeded to County. Chapter 34.23 of Town ordinance read by Chairman Krueger as it pertains to CSMs. Atty. Sickel references Plat of Survey currently includes right-of-way in legal description and acreage needs to be excluded from total. 40x890 = 3,560 sq. ft or approximately 2/3’s of an acre. 42,560 sq. ft = an acre. Keith Brunner states an additional 2,100 sq. ft (73x40) should be excluded – which would equal approximately ¾’s of an acre. Parcel A does not meet 35 acre requirement. Parcel B – same finding. 897 ft x 33 ft = 29,600 sq. ft to be deducted from 35.194 acres (2/3’s of an acre less then 35 acres).

Third issue before Commission is the zoning of Parcel B (ND-309) which was constructed w/ a piece of land from Parcel ND-313 (399 ft x 150 ft). Atty. Sickel states the zoning of ND-313 is Ag-R. ND-309 is zoned Ag-1 and ND-313 would need to be down zoned because a parcel cannot exist with two different zoning classifications, thus that acreage cannot be counted toward the size of Parcel B. Down zoning of ND-313 would need to be requested and the criteria to use would be the objectives set forth in the Town’s Comprehensive Plan and land use (p. 11).

Kathy Janssen inquires as to zoning of Parcel A and B. Zoned AG-1 expect for the addition of property from ND-313. She believes Article 8 of the Town ordinance references land uses for land in an Agriculture district and it must be engaged in farming operation. As she interprets this, the ordinance reads that this land would need to qualify and earn $6,000 a year or $18,000 in three years. No information has been submitted to support that this land qualifies as a working farm – thus the construction of a home cannot be permitted. She believes adding and subtract of land is irrelevant if this ordinance applies.

Wade Berger inquires what ordinance is being referenced as to deducting right-of-way? Chapter 34 – which was adopted March 9, 2009. Mr. Berger requests electronic copy of that ordinance. Clerk will provide once received from Atty. Sickel’s office, but currently only has a hard copy of ordinance.

Question as to why the current Plat of Survey was not submitted to Board for approval. Plat of Survey recorded in December of 2009 and it was not necessary because a CSM is only required if creating a parcel 10 acres or less. Commission provided with voting criteria. County Hwy T is deeded for public use as right-of-way. Per ordinance that right-of-way cannot be added as acreage to Parcel A & B, thus both parcels fall under 35 acres, in addition to the conflicting zoning with Parcel B. Atty. Sickel states Plan Commission should recommend to Town Board whether the parcels are consistent with 35 acre size as presently drawn on Plat of Survey. Plan Commission recommendation read by Chairman Krueger:

K. Brunner – No P. Huguet - No
B. Krueger – No K. Janssen - No
S. Olsen – No M. Gaworek - No
N. Hansen - No

Norb Hansen requests to go on the record that he does not have a personal issue with Mr. Berger, but is paid to due his job and that is to enforce the ordinance. Meeting adjourned at 7:35 p.m.

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