The Town Of Porter

Town of Porter Plan Commission Hearing Minutes-June 27, 2006

APPROVED July 18, 2006

Members Present: Alan Sweeney, Steve Oakeson, Basil Remley, Stanley Vielhuber, Steve Towns

Others: Russell Jeske (Building Inspector); Dave Viney (Town Board Chairman); Phil Hamilton (Town Board Supervisor); Jerry Fox (Town Supervisor) See additional sheet for other attendees.
Meeting called to order by Chairman Sweeney at 7:03 pm.

Minutes of April 25, 2006 meeting read. Motion to approve minutes by Remley. 2^nd by Towns.
Motion passed 5-0.

1st Order of Business: Conditional Use Permit application by Sidney O. Anderson, Sr., 11937 W. Church St., Evansville, WI 53536 to separate off a 210’ x 280’ parcel of land in an Agricultural One (A-1) district for the son to build a house in the SW 1/4 of the SE 1/4 of Section 6. (See attached plan. Lot #2 on the plan is the lot in question.)
- Jeske stated that adjoining land owners were notified.
- Discussion on location.
- Viney asked if there are any future plans for lot #1. Sid Jr. stated that his sister may build on lot #1 in the future.
- It was clarified that only lot #2 is being created.
- It was stated that the easement on the North side of Church St. is 49.5 ft and that it is probably 49.5 ft on the South side of Church St.
- The road on the plan created by Combs surveying should be Tolles Road, not S.T.H. 136.

Motion by Remley to grant the Conditional Use Permit for Sidney O. Anderson, Sr., 11937 W. Church St., Evansville, WI 53536 to separate off a 210’ x 280’ parcel of land in an Agricultural One (A-1) district for the son to build a house in the SW 1/4 of the SE 1/4 of Section 6.
2^nd by Towns. Passed 5-0.
Finding of facts: Section 4.4(3)(10) of zoning ordinance.

Jeske is going to clarify with the county that the only lot that should be created is lot #2.

2^nd Order of Business: Conditional Use Permit application for Hatlen Bros., 12826 W. State Road 59, Evansville, WI 53536 to separate off the house, garage and 4.8 acres of land in an Agricultural One (A-1) district in the NE 1/4 of the SW 1/4 of Section 7, located at 10237 N. Tolles Road. (See attached plan.)
- Discussion on property lines.
- Tom Hatlen stated that the south lot line would be 8’ behind the garage and the garage doors would be relocated on the north side of the garage. A couple of feet of right-of-way may be required with the future property owner to allow oversized equipment to use the existing driveway. A new driveway for the parcel created would be located on the new property.
- The property includes the drainage ditch to the north.
- Property set-backs were discussed and Jeske verified that 10’ is required at buildings. The current property lines are set up with 8’ to the south and no set-back at the silo.

Motion by Sweeney to approve the Conditional Use Permit for Hatlen Bros., 12826 W. State Road 59, Evansville, WI 53536 to separate off the house, garage and 4.8 acres of land in an Agricultural One (A-1) district in the NE 1/4 of the SW 1/4 of Section 7, located at 10237 N. Tolles Road with conditions that the property lines meet zoning set-back of 10’ at South lot line and West lot line by silo.

2^nd by Remely. Passed 5-0.

Finding of facts: Section 4.4(3)(5) of zoning ordinance.

3^rd Order of Business: Amend Sections 11.1 thru 11.4 (non-conforming uses, structures and lots) to conform with the new State Statutes pertaining to this issue.
- Jeske stated that only Section 11.2 probably needs modification.
- 11.2 of zoning ordinance says “When a nonconforming use or structure is damaged… to the extent of more than fifty (50) percent of its fair market value, it shall not be restored…” State statutes say that it can be restored.
- Jeske suggests tabling until this can be brought up with legal council.

Motion by Towns to table amending Sections 11.1 thru 11.4 of zoning ordinance.
2^nd by Vielhuber. Passed 5-0.

4^th Order of Business: Progress report on RV.
- Oakeson read email from town attorney. (See attached.)
- Jeske showed pictures of current conditions.
- Jeske will contact the town attorney about having buried wires removed as they are still in violation of electrical code.

5^th Order of Business: Animal siting work session (ATCP 51).
- Need to adjust animal units.
- Viney submitted a “To Do” list based on his attendance at a recent meeting on animal siting. (List is attached.)
- Item #1 on list is changing the definition of animal units in the zoning ordinance. Discussion on definition modification and how to best make the change. It was decided that the definition in the Wisconsin Administrative Code would be best.

Motion by Oakeson to recommend to the Town Board that the definition of “animal unit” in the zoning ordinance be changed to that defined in S. NR 243.03(3) of the Wisconsin Administrative Code.
2^nd by Remley. Passed 5-0.

- Items #3 and #5 discussed.
- The Town of Porter received a letter from the Rock County Land Conservation Department (LCD) concerning the separation of responsibility of assisting landowners and towns with regard to the Livestock Facility Siting Law. The UW Extension (UWEX) will assist landowners while the LCD will assist towns. (Copy of letter is attached.)
- The letter was discussed as there are costs associated with having the LCD review applications. A complete review is currently listed as $750. The review fee is born by the Town of Porter, not the applicant. Question…
o If an application is reviewed and determined to be incomplete, does the town have to pay for the resubmitted application to be reviewed? Sweeney is going to look into this question.
- Oakeson expressed concern over the full cost of the application process being covered by a $1,000 application fee if an application review costs $750. That leaves $250 for publishing notices, paying Plan Commission members, renting space for hearings if the town hall is deemed too small, etc. Since the Town is held to a maximum $1,000 fee, there isn’t much that the Town can do. There may be other businesses that eventually offer a review service for less than $750 so some savings may be realized in the future.

Motion by Sweeney to recommend to the Town Board to adopt a $1,000 application fee for animal siting applications.
2^nd by Towns. Passed 5-0.

Motion by Towns to recommend to the Town Board that animal siting applications be reviewed by the Rock County Land Conservation Department.
2^nd by Oakeson. Passed 5-0.

- Item #4: Discussion on where animal siting is/is not allowed. All agreed that Agricultural One (A-1) zoned area should be included. Rural Residential, A-2, A-3 and non-conforming A-1 should be excluded. There was some concern over A-2 being a gray area.

Motion by Sweeney that we recommend to the Town Board that we establish as the animal siting area conforming Agricultural One (A-1) zones and omit from animal siting all Rural Residential (RR), A-2, A-3 and non-conforming A-1 zones.
2^nd by Remley. Passed 5-0.

- Item #2: Discussion on licensing vs. Conditional Use Permit. The model ordinance for livestock facilities is worded as being a “license”. The Town of Porter currently uses a Conditional Use Permit process and would like to continue to use CUP’s. It was generally agreed that the model ordinance could be used but with “license” changed to CUP. Some review of the model ordinance is required due to verbiage modifications that may be required.
- Item #7: Viney will contact Wisconsin Towns Association about setting penalties.
- Item #6 was briefly brought up but no discussion.
- Oakeson is going to keep a list of recommendations to the Town Board concerning animal siting to be submitted to the Town Board at the end of the animal siting hearings.

New Business:
- Jeske brought up future Conditional Use Applications.

Next meeting scheduled for July 18, 2006 at 7:00 PM at the Town Hall.

Motion to adjourn by Sweeney.
2^nd by Remley. Passed 5-0.

Respectfully submitted,

Steve Oakeson
Secretary, Town of Porter Plan Commission