MINUTES

PLAN COMMISSION MEETING

APRIL 26, 2004

The meeting was called to order by Bill Hanson at 7: 30 p.m. The Secretary certified the meeting notice had been posted at the Black Earth State Bank, the Amcore Bank in Mt. Horeb, on the front door of the Town Hall, on the Town Web Site and published in the News Sickle-Arrow and Mt. Horeb Mail newspapers.

Members present: Bill Hanson, Marian Swoboda, Donald McKay, Jim Elleson, Steven Frame. Absent: Barbara Grenlie and Marc Robertson

APPROVAL OF MINUTES

Motion was made by Steve Frame seconded by Donald McKay and carried to approve the minutes of the February 23, 2004 meeting.

BRIAN HAROLDSON APPLICATION REQUESTING REZONING, HOME SITE LOCATION AND DRIVEWAY APPROVAL AT 3480 HWY JG

The petitioner submitted a completed Land Use Intent Form, a preliminary certified survey map, an engineered driveway construction plan along with a county approved soil erosion plan and preliminary approval of a sewage disposal system.

A zoning change from A-1 Ex to RH 3 for 9 1/2 acres was requested. The property is a part of an existing parcel containing a total of 64.55 acres. The application snowed one remaining potential building site to be allocated to the rezoned parcel. The commission secretary reported that the potential building site was verified through a search of the town records. The preliminary certified survey map showed the location of a building site within an envelope of .9 acres.

Considerable time was spent discussing the proposed driveway. The first portion, an existing driveway of approximately 1,800 feet, did not show any suggested modifications which raised several questions from commissioners. The second portion approximately 800 feet of new construction showed how the driveway needed to be constructed for compliance with county soil erosion codes. The new construction portion of the plan was in compliance with town ordinances except for the four foot ditch requirement and the steepness of one side bank.

Motion was made by Jim Elleson seconded by Steve Frame to recommend to the board approval of the new construction portion of the driveway by granting a variance from the required four foot ditch to be replaced by a stone trench because it requires less hillside excavation; also to allow a side bank measuring less than 75 feet in length to be steeper than 3: 1 which must be covered with fabric following seeding. Motion carried 4 to 1. Don McKay voted against the motion because lacking stone trench experience he felt the driveway was to long and to steep to be controlled.

Motion was made by Jim Elleson seconded by Steve Frame and carried to recommend to the board approval of the home site building envelope shown on the preliminary certified survey map. Don McKay abstained from voting because he was not at the building site visit.

Inasmuch as the Engineering plan did not address the existing driveway as required by town ordinances Sections 4.02 through 4.07,

Motion was made by Jim Elleson seconded by Don McKay to postpone action on the existing portion of the driveway until a revised Engineering plan showing the extent of compliance with town ordinance is received. The representative from Quam Engineering said this could be done in a day. Because the petitioner was anxious to have the issue resolved in time for his scheduled meeting at the county level on May 11, the merits of having either a special meeting of the commission prior to May 10 for this purpose or by recommending that the board approve the driveway contingent upon receiving an acceptable revised plan was debated. The commission secretary pointed out that one of the problems was that the commission has agreed not to send any recommendations to the board with contingencies attached. Following discussion, a vote on the motion was called. The motion carried 4 to 1. Steve Frame voted against the motion because he felt approval should go directly to the board with stated contingencies rather than calling a special meeting of the commission.

Because the motion to bring the question of "existing driveway compliance" back to the commission passed, a decision was made to call a special meeting for this purpose on May 10 just prior to the board meeting providing a revised Engineering plan is received by April 29 and that the Wisconsin Towns Association attorney rules it to be legal for the town to accept the petitioner's offer to pay for the meeting.

Motion was made by Jim Elleson seconded by Don McKay and carried to postpone action on the 9 1/2 acre rezoning request until the May 10 meeting.

DISCUSSION WITH JAMES KIRCHSTEIN ON POSSIBLE REZONING ISSUES

James Kirchstein appeared before the commission to discuss a suggested rezoning plan for his property at 3838 Hwy 78, Section 24 in order to meet his estate planning goals. Copies of the suggested changes were distributed. His goal was to find a way of preserving as much of the forestland as possible. He suggested moving some of the residential zoning back to Agricultural land. The commission ended up by suggesting he investigate the possibility of placing the non-residential land in an conservatory zoning category rather than agricultural. He said he would investigate that possibility. A copy of the county conservatory zoning regulation was given to him.

The meeting was adjourned at 9:40 p.m.

Marian Swoboda, Commission Secretary