The Town Of Porter

Members present: Alan Sweeney, Steve Oakeson, Basil Remley, Stanley Vielhuber, Steve Towns
Absent: none
Others: Russell Jeske; See additional sheet for other attendees.

Meeting called to order by Chairman Sweeney at 7:05 pm.

Minutes of October 24, 2006 meeting read. Motion by Towns to approve minutes as read.
2^nd by Remley. Motion passed 5-0.
1st Order of Business: Zoning change application for Eric Johnson, 8502 W. Stebbinsville Road, Edgerton, WI 53534 to change the zoning from an Agricultural One (A1) District to an Agricultural Three (A3) District for 14 acres in the NW ¼ of the NW ¼ of Section 2 in order to separate the parcel into (2) parcels.

This item was previously brought before the Plan Commission and tabled on 10/25/05. The motion to table was made by Chuc Gillespie, who is no longer on the Plan Commission.

Motion by Remley to untable the zoning change application for Eric Johnson.
2^nd by Towns. Passed 5-0.

Discussion:
· Eric stated that he has purchased the land that was in question due to the failure of the Stebbinsville Dam and had documentation with him.
· The current high water mark is still in place.
· Burno is still stating that he intends to repair the dam.
· Eric is looking for A3 zoning to allow for small scale farming as allowed in an A3 District.
· He sold his goats.
· Primary reason for rezoning is to build a retirement home, as stated on the application.
· Board of Adjustment voted to approve the driveways to be less than 100’ wide at Stebbinsville Road. The Board of Adjustment hearing was held in the Spring of 2005.
· 14 acres to be divided into 7 acre and 6.9 acre lots.
· The lot is located in an Agricultural Transition Area as mapped in the Smart Growth document.
· Carl Runge stated that the driveway is shared with Eric. Carl has legal documents giving him a driveway easement for access to property in Dane County.
· Carl submitted legal documents of the driveway easement and a map of the property.
· The driveway is approximately 1,500 feet from Stebbinsville Road to the house.
· No farming is planned. Some gardening.
· Eric is asking for the A3 Zoning for future resale.
· Neighbors were notified. No feedback except from Carl Runge, who was present at the hearing.
· Opened the floor and no comments from those present.

Motion by Remley to recommend to the Town Board to approve the zoning change from an Agricultural One (A1) District to an Agricultural Three (A3) District for Eric Johnson, 8502 W. Stebbinsville Road, Edgerton, WI 53534 to change the zoning from Agricultural One (A1) District to Agricultural Three (A3) District. The zoning change would allow the lot to be split into (2) lots of approximately 7 acres and 6.9 acres.
2^nd by Towns. Passed 5-0.

Finding of Facts: This falls in the Rural Transition Area and per Section 4.6 of the Zoning Ordinance.

Submittals include the following: Application; Preliminary Map of the property division; Driveway and Utility Agreement submitted by Runge; Joint Driveway Agreement and Utility Easement submitted by Runge; and, Plat of Survey of property in application showing driveway and high water mark submitted by Runge.

2^nd Order of Business: Conditional Use Permit application for Richard Haakenson, 8017 N. Wilder Road, Evansville, WI 53536 to separate off a one (1) acre parcel for the son to build a house in the SW ¼ of the SE ¼ of Section 20. It is currently zoned Agricultural One (A1).

Discussion:
· Remley asked about the location of the lot and if it could be located at one end or the other of the current lot. Haakenson stated that he didn’t want to do that as he thinks his son wouldn’t want to build next to the neighbor.
· Haakenson spoke with the neighbors and neither objected to the proposed location.
· Sweeney referenced Sections 5.4(1) and 5.5(1) of the Zoning Ordinance.
· Oakeson expressed concern over the location of the lot being in the middle of the existing lot and if it could be relocated next to the neighbor to the North. Haakenson replied that he doesn’t want to build on top of neighbors and his son won’t build there either. “Might as well live in town.”
· No comments from the floor.

Motion by Towns to approve the Conditional Use Permit application for Richard Haakenson, 8017 N. Wilder Road, Evansville, WI 53536 to separate off a one (1) acre parcel for the son to build a house in the SW ¼ of the SE ¼ of Section 20.
2^nd by Remley. Passed 5-0.

Conditions attached to Conditional Use Permit: No new trees with mature height of 25 feet or more allowed within 25 feet of the lot line.

Finding of Facts: Per Section 4.4(3)(A)(10) of Zoning Ordinance.

3^rd Order of Business: Review of a Conditional Use Permit issued to the property at 8049 W. Caledonia Road, Edgerton, WI 53534, currently owned by Gary Nelson. The permit was issued for a mobile home, to be occupied by a hired employee who makes the majority of his or her income from the conduction of the farm operations. Per Section 4.5(3)(A)(12) of the Zoning Ordinance.

[The Secretary hereby references the Plan Commission hearing minutes dated 10/24/06 for additional information.]

Discussion:
· There is a house trailer on the property.
· Mr. Bob Elliot, Esq. was present.
· Mr. Nelson’s stepson currently resides in the trailer. The trailer has its own septic field and electric service.
· A new trailer replaced the original trailer in 1992.
· Mr. Elliot stated several things pertaining to the Zoning Ordinance.
· The existing Conditional Use Permit is from 8-13-80. The Conditional Use Permit was found and was present during the hearing.
· There are currently (3) mobile homes in the Town. Crull, Shotliff and this one.
· Jerry Fox stated that the original CUP was specifically for a hired hand. He is asked about this trailer often.
· Jerry Fox stated that he spoke with Matt Roethe about this issue.
· Mr. Elliot stated that 4.5(3)(K) pertains.
· Jeske referenced 4.5(4)(F), minimum width of residential structure of 24 feet.
· The trailer is not grandfathered because the Zoning Ordinance was enacted in 1978 and the CUP was issued in 1980. (Reference Section 11.3 of Zoning Ordinance.)
· Oakeson expressed that his opinion is that Mr. Elliot should submit his argument in written form so that the Plan Commission could have the Town lawyer review it. Also, conversations between Mr. Elliot and Mr. Roethe as well as Jerry Fox and Mr. Roethe had taken place and the Plan Commission should have an opportunity to hear from Mr. Roethe.

Motion to table this issue by Sweeney.
2^nd by Remley. Passed 5-0.

4^th Order of Business: Conditional Use Permit application for Paul H. Oswald, 7913 W. State Hwy 59, Edgerton, WI 53534 to separate off the house and 1.17 acres, plus or minus, to sell to the son in the SW ¼ of the NE ¼ of Section 11. It is currently zoned Agricultural One (A1).

Discussion:
· Already a house and garage present.
· The house is very old and in need of repairs.
· Shared driveway with house and farm access.

Motion by Vielhuber to approve the Conditional Use Permit for Paul H. Oswald, 7913 W. State Hwy 59, Edgerton, WI 53534 to separate off the house and 1.17 acres, plus or minus, to sell to the son in the SW ¼ of the NE ¼ of Section 11.
2^nd by Towns. Passed 5-0.

Conditions: No new trees with mature height of 25 feet or more allowed within 25 feet of the lot line.

Findings of Fact: Section 4.5(3)(K) of Zoning Ordinance.

Motion to adjourn by Towns. 2^nd by Oakeson. Passed 5-0.

Respectfully submitted,

Steve Oakeson
Secretary, Town of Porter Plan Commission APPROVED 12/12/2006