The Town Of Porter

Members Present: Alan Sweeney, Steve Oakeson, Basil Remley, Steve Towns, Stanley Vielhuber.
Meeting called to order by Chairman Sweeney at 7:18 p.m. ( Meeting called to order late to allow Vielhuber time to arrive for his first hearing.)

Minutes of December 25, 2005 meeting read. Motion to approve minutes with spelling corrections and correction of “kids” to “children” by Remley. 2nd by Towns.

1st Business: Zoning change request for Mike Long of 8808 Stebbinsville Road, Edgerton, WI. 53534. Change A1 to A3 in the NE 1/4 of NE 1/4 of Section 3 and NW 1/4 of the NW 1/4 of Section 2 and split the lot into two lots and to amend the Zoning Map to reflect the zoning change. This was previously brought before the Commission and tabled at the October 25th, 2005 hearing. Remley motioned to untable the request. 2nd by Towns. Motion passed 5-0.
Publication states that this is a zoning request only, but previous publication states that this is a zoning request and to split the parcel into two lots. Mike Long: Bought land from Ione Tofsland. Mike asked to amend the application to be a zone change from A1 to RR to better reflect the land use. Request was granted and he initialed the change on the application. County stipulated that he needs to go off high-water mark because dam is still present. He has to work off high-water mark until dam is removed. Dave Viney: DNR is pushing Burno to clean up mess and to close the dam. Towns: Of 15 acres, how much was added with purchase from Ione? Answer: About 3.3 acres. Stanley: Both parcels RR? Yes, Mike has agreed to amend request to be a change to RR from A1.
Motion by Towns to recommend to the Town Board to change zoning of the two lots in the NE 1/4 of the NE 1/4 of Sec. 3 and the NW 1/4 of the NW 1/4 of Sec. 2 from A1 to RR. 2nd by Remley. Motion passed 5-0.
Finding of facts that this falls in the Rural Transition Area.
2nd Business: Conditional Use Permit application by Kyah Norton and Deb Tuttle of 8708 W. Seeman Road, Evansville, WI. 53536 to split 9.52 acre parcel to build a home. The parcel is located in the SE 1/4 of the SE 1/4 of Section 34 and is currently zoned as a non-complying A1.
Discussion on survey lines that appear to split the parcel into two lots. No clear reason why this was done and parcel is under one deed.
Sweeney: Referenced page 13, sections # 10 and #11 of zoning ordinance. He asked Kyah if she was going to build the house. Kyah answered that she would build the house and live in it. Her mother may come to live with her eventually. Kyah stated three times during the course of the hearing that she would build and own the house. Sweeney pointed out that item #10 of the zoning ordinance reads that a CUP is required for “Single family residences for a parent or child of the owner of the parcel.” and item #11 states “Single family residences for a parent or child who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.” Sweeney repeated that Kyah clearly stated that the house would be built and owned by her and not her mother and that did not meet the zoning ordinance.
Oakeson: Stated that he felt that the property, being co-owned by two parties and an already existing non-conforming A1 lot, should not be split regardless of items #10 and #11 on page 13 of the zoning ordinance. Kyah asked if she owned the property alone and applied to split off a lot for her mother, if that would be acceptable to Oakeson. Oakeson stated that he would not commit to an answer but that she had the right to apply for a CUP under those circumstances.
Kyah: Requested that the applicatoin be tabled until the next meeting on April 25th, so that she could contact Real Property at the Rock County Courhouse to find out more on the current split of the parcel that shows up on the Plat Map but is not recored as separate deeds.
Remley motioned to table the application until April 25th. 2nd by Towns. Motion passed 3-2. (Sweeney and Oakeson nays)
New Business: Meeting set for April 25th for discussion of Livestock Facility Siting Rule. Discussion of rule and timeline amongst attendees, including three representatives of the Town of Center. (See attendee sign-in sheet.) it was agreed that the Towns would try to consolidate their efforts, particularily by combining meetings with outside experts and others that can offer assistance with the process and with understanding what needs to be done. The Town of Center will try to set up a meeting prior to April 25th.
Motion to adjourn by Remley. 2nd by Towns. Approved 5-0. Meeting adjourned at 8:40pm.
Respectfully submitted,
Steve Oakeson, Secretery, Town of Porter Plan Commission
MINUTES APPROVED AT 4/25/06 HEARING