- Members present: Alan Sweeney, Steve Oakeson, Stanley Vielhuber, Steve Towns
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Absent: Basil Remley
- Others: Russell Jeske, David Viney, Jerry Fox, Phil Hamilton. See additional sheet for other attendees.
Meeting called to order by Chairman Sweeney at 7:05 PM.
Minutes of May 15, 2007 meeting read. Motion by Towns to approve minutes as read.
- 2nd by Vielhuber. Motion passed 4-0.
- 1st Order of Business: Zoning change application from Agricultural One (A-1) District to Light Industrial
District (M-1) for 8.6 acres, PT E 1/2 of the NW ¼ and PT E 1/2 of the SW 1/4 of Section 32 for Rick and
Mary Bergendal, N6388 English Settlement Road, Albany, WI 53502. This is the gravel pit at the
intersection of N. Tuttle Road and Hwy 14. The proposed use will be to store non-agricultural creations
and non-agricultural equipment owned by EVCO of Cooksville, WI.
Discussion:
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Thayer Avery spoke. Thayer is the owner of EVCO.
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The gravel pit area is 5.3 acres.
No fences are present.
- Provided a document titled “Petition for zoning change – parcel #6-16-261 A-1 to M-1” to the
Plan Commission members.
Will be creating, showing and exhibiting art work.
A large crane or cranes will be present due to the large size of the sculptures.
Plans on keeping it natural and landscaping it with boulders
Bergendal said that he didn’t want a junk pile. It was up to Thayer to do the leg work.
It is currently just an empty pit with scrub plants.
No buildings are planned for the site.
Access would be moved south on Tuttle.
Want to use plants as a fence material.
Zoned A-1 with lowland conservancy overlay.
Would need power for lights and welding.
- Small parts would probably be done in the Cooksville shop but the assembly would be done on this
property.
Would there be noise? There would be machinery (cranes) and welding and grinding.
40’ high is probably is the highest a sculpture would go.
Mary Bergendal said standing water was seen about 10 years or so ago.
Rick Bergendal wants to make sure the neighbors are okay with it.
- Mark Johnson (neighbor) is concerned that he Thayer isn’t working after 5 or 6 pm and provides
perimeter screening.
- Gary Martin (neighbor) is concerned with high water level and scrap metal for ground water
contamination.
Mark Johnson said there is rarely standing water. It usually disappears after a day or two.
- Tom Woodstock (neighbor) said that safety is an issue. He doesn’t want piles of junk. There is a cattle
crossing under Hwy 14 and he is concerned about rodents.
Dave Viney asked Thayer some questions…
How many sculptures? 50 or so.
Display other artist’s work? No.
- Sculptures are for sale? Yes
Town of Porter Plan Commission Hearing Minutes
June 18, 2007
APPROVED MARCH 4, 2008 Page 2 of 4
Are there other artists in the family? His brother.
Signage? Maybe a 4’x4’ sign.
Lights? Would use lights in winter.
Security? Wasn’t concerned but would consider cameras, if needed.
Snow removal? It would be shut down in the winter.
- Cooksville residents would like stuff removed from the Cooksville shop. Would Cooksville
shop be filled back up? No.
Sanitary facilities? Porta-potty.
Would a well be required? Would look into. It might be needed.
Motor vehicles? Trucks and cranes would rotate between jobs.
Concerned with stuff being stored on site.
- Concerned with parking trucks and other equipment not associated or required for the artwork
construction.
Jerry Fox would like to see yearly sunset clause where the CUP would have to be renewed.
Work would be during the week and weekends.
Tom Woodstock and Gary Martin said that small trees block the view.
- Sweeney asked if there would be a reduction in the materials in the yard of the Cooksville shop?
Thayer said it would probably decrease by 1/4 or so.
This will probably be assessed as personal property for assessment purposes.
No salvage work would be done at this site.
Sweeney asked neighbors that were present if they were for the zoning change.
Mark Johnson – Yes.
Tom Woodstock – No.
Gary Martin – No.
- Sweeney is concerned with leaking equipment, parking and operation times with lights being required
to work at night.
- Oakeson expressed concern with traffic safety since the site is right on Hwy 14 and there has already
been a death at that intersection.
Vielhuber is concerned with ground water contamination.
Thayer would be purchasing just the pit area of the property.
Hamilton is concerned with traffic interruption due to the location and size of the artwork.
Mark Johnson asked how much time would be spent there? Thayer said a couple days a week.
Sweeney is concerned with welding flux.
Sweeney called for a motion for recommendation for the Town Board.
- Motion by Vielhuber to recommend to the Town Board to deny the zoning change application from
Agricultural One (A-1) District to Light Industrial District (M-1) for 8.6 acres, PT E 1/2 of the NW ¼ and
PT E 1/2 of the SW 1/4 of Section 32 for Rick and Mary Bergendal, N6388 English Settlement Road,
Albany, WI 53502 based on ground water concerns, traffic safety and 2 of 3 adjacent landowners being
against it.
2nd by Towns. Passed 4-0.
- 2nd Order of Business: Amend the driveway ordinance Section 7.0 by the addition of the sentence or
similar sentence to “No concrete surfacing shall be placed in the highway right-of-way. A permit may be
obtained for surfacing the highway right-of-way and the surface of the road.”
- Discussion:
Town of Porter Plan Commission Hearing Minutes
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June 18, 2007
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APPROVED MARCH 4, 2008 Page 3 of 4
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The suggested wording is taken from the Rock County Zoning.
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Rock County will not enforce the concrete issue.
- There is an issue that when utilities have to be installed or worked on that they have to deal with the
concrete and it is hard to work with and repair.
- Motion by Oakeson to recommend to the Town Board to include the sentence “No concrete surfacing
shall be placed in the highway right-of-way” to Section 7.6(5) of the Zoning Ordinance.
2nd by Vielhuber. Passed 4-0.
- 3rd Order of Business: Review Conditional Use Permits previously issued.
Read the April 24, 2007 Plan Commission Hearing minutes concerning reviewing CUPs.
- Sweeney brought up the CUP permit issued on October 25, 2005 to the property owned by Rock Prairie
Farms. He discussed the CUP with the property owners. See the hearing minutes for specific
information.
Motion by Oakeson that the Plan Commission review the Conditional Use Permit issued to Rock Prairie
Farms, LLC on October 25, 2005 for the property at 10243 W. Stearns Road in the SW 1/4 of the SW 1/4
of Section 10.
- 2nd by Towns. Passed 4-0.
Nancy Towns is to send a letter to the property owner.
- CUP issued September 28, 2004 for a dog training and boarding and another issued September 27, 2005
for storage.
Motion by Oakeson that the Plan Commission review the Conditional Use Permits issued on September 28,
2004 and September 27, 2005 to Steven and Susan Scherber at 7409 N. Tolles Road.
2nd by Town. Passed 4-0.
- • CUP issued May 25, 2005 to Earl and Lavone Keehn for a farm family business for storage of Autos
and occasional sale of autos.
Motion by Towns that the Plan Commission review the Conditional Use Permit issued on May 25, 2005 to
Earl and Lavone Keehn.
2nd by Vielhuber. Passed 4-0.
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Old Business:
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Viney stated that the Town has settled with Burno.
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Next meeting was not planned.
- Motion to adjourn by Towns. 2nd by Vielhuber. Passed 4-0.
- Meeting adjourned at 9:12 PM.
- Respectfully submitted, Steve Oakeson, Secretary, Town of Porter Plan Commission
- APPROVED MARCH 4, 2008
