The Town Of Porter

Members present: Alan Sweeney, Steve Oakeson, Basil Remley, Stanley Vielhuber, Steve Towns
Absent:
Others: See additional sheet for other attendees.

Meeting called to order by Chairman Sweeney at 7:04 pm.

Minutes of July 18, 2006 meeting read. Motion by Towns to approve minutes with correction of “permit” in Section #4 of model ordinance. 2^nd by Remley. Motion passed 5-0.

1st Order of Business: Conditional Use Permit application by Sidney O. and Gloria J. Anderson, 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 daughter to build a house in the SW 1/4 of the SE 1/4 of Section 6. (See attached plan. Lot #1 on the plan is the lot in question.)

Discussion:
- Lot is on the corner of Tolles Road and Church Street.
- S.T.H. 138 on the plan should be Tolles Road.
- There is a 50’ Right Of Way shown on the plan. It should be a 33’ Right Of Way as applicable to a Town road.
- The county will probably require a sight Right Of Way at the corner.
- Neighbors notified and no objections.
- Lot is a former clay site for Cooksville and will probably require a mound system.

Motion by Towns to approve the Conditional Use Permit application by Sidney O. and Gloria J. Anderson, 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 daughter to build a house in the SW 1/4 of the SE 1/4 of Section 6.
2^nd by Remley. Passed 5-0.

Findings of Fact: Per Section 4.4(3)(10) of zoning ordinance.

2^nd Order of Business: Amend Section 11.2 of zoning ordinance regarding Abolishment or Replacement of the Nonconforming Use to remain in compliance with recent changes in the state statutes.

Discussion:
- Attorney Roethe wrote letter giving suggested wording. (Letter is attached.)

Motion by Vielhuber to recommend to the Town Board to adopt the language recommended by the Town attorney regarding the Abolishment or Replacement of the Nonconforming Use. (Refer to attached letter from attorney for wording.)
2^nd by Towns. Passed 5-0.

3^rd Order of Business: Create the position of Building Inspector and change the duties of Zoning Administrator in Section 3.5.

Discussion:
- Sweeney read Section 3.5.
- Jeske suggested the creation of separate Building Inspector and Zoning Administrator because Building Inspectors often don’t want to deal with zoning issues. When Russell retires, the Town may have a difficult time finding a Building Inspector if the position includes Zoning Administration.
- Jeske read his suggested wording of the Building Inspector and the Zoning Administrator.
- Sweeney raised a concern about additional cost of having two positions. There is an additional cost of having another person attend monthly Town Board meetings. Maybe the report of the Zoning Administrator could be emailed to the Town Chairman for inclusion at the meeting.
- Vielhuber asked about why two positions? Russell stated that Building Inspectors often work for more than one town and often live outside of the town. It is difficult for them to enforce zoning and difficult for town residents to get paperwork and to meet with the Zoning Administrator if he/she doesn’t live in the town.
- Discussion on the wording of the proposed Building Administrator and Zoning Administrator as submitted by Jeske. See attached documents with mark ups.

Motion by Oakeson to recommend to the Town Board to change Section 3.5 “Zoning Administrator” to the wording in the attached document; to add “Building Inspector” and the wording in the attached document as Section 3.6; and to shift the remainder of Section 3 accordingly.
2^nd by Towns. Passed 5-0.

4^th Order of Business: Approval of draft of Livestock Facilities Ordinance.

Discussion:
- Suggested by Oakeson to look at this as an overlay district and change the title to “Livestock Facility Overlay District” and add as Section 4.17 to Zoning Ordinance.
- Suggested by Oakeson that the definitions in Section 3.0 be incorporated to Section 15.0 of Zoning Ordinance so that all definitions are in the same place and consistent for the entire Zoning Ordinance.
- Suggested that the last sentence of Section 3.0 of proposed ordinance (overlay district) remain to incorporate the definitions in ATCP 51 that are not included but referenced. Question: Should this be included in Section 15.0 of the Zoning Ordinance?
- Sweeney suggested adding a Note after the definition of “Adjacent” to incorporate Appendix C of ATCP. The note is:
o Note: Use ATCP 51 Appendix C “Notice to Adjacent Property Owners” for notification.
- Discussion on who should be notified of Conditional Use Application for livestock facility. There is a question of whether it should be property owners within 500 feet or within 2 miles of the proposed livestock facility. There is also a question of the term “adjacent” and its definition pertaining to those who have to be notified.
- A question was raised as to the validity of Section 13: Expiration of Conditional Use Permit as it does not match the expiration conditions in our current zoning. Reference Sections 4.4(3)(B) and 5.3(3) of the current zoning ordinance.
- There is a question on Section 1 needing to be included and the fact that the Wis. Statutes referenced are different than in the Zoning Ordinance. Should they be combined into the Zoning Ordinance or should the Authority be included in the overlay district?
- There is also a question on Section 2 wording and incorporating it into the Zoning Ordinance or into the overlay district.
- Oakeson is to compile a list questions to be submitted to a lawyer for review and comment.

Motion by Remley to table the Livestock Facilities Ordinance pending consultation with an attorney concerning questions that the Plan Commission has on wording of the ordinance and incorporating it into the current Zoning Ordinance.
2^nd by Vielhuber. Passed 5-0.

Old Business:
- The RV electrical service has not been removed from the property previously brought before the commission. (Reference April 25, 2006 hearing minutes.)

Next meeting not scheduled pending consultation with attorney concerning model Livestock Facilities ordinance.

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

Respectfully submitted,

Steve Oakeson
Secretary, Town of Porter Plan Commission