Town of Porter Plan Commission Minutes-9/26/2006

Absent: Steve Towns
Others: See additional sheet for other attendees.

Meeting called to order by Chairman Sweeney at 7:05 pm.
Members present: Alan Sweeney, Steve Oakeson, Basil Remley, Stanley Vielhuber

Minutes of August 29, 2006 meeting read. Motion by Vielhuber to approve minutes as read.
2nd by Remley. Motion passed 4 -0.
1st Order of Business: Conditional Use Permit application by Tom Woodstock, 11136 W. Hwy 14, Evansville, WI 53536, to rent self-storage units as a family farm business in an Agricultural One District (A-1) in the NE ¼ of the SW ¼ of Section 32. Per Zoning Ordinance Section 4.4(3)(14).

Discussion:
- Tom stated that he wants to get into self-storage business for retirement.
- A map showing the proposed building layout and locations was submitted.
- Adding two self-storage units to the property with a total of 36 units or 18 units/structure.
- They will be low-profile sheds.
- The intent is that they will be used mostly for seasonal storage. E.g. Boats, cars, etc.
- They will be 50’ to 60’ off the back lot line.
- Approximately 25’ between the buildings.
- Access will be via the current driveway off of Hwy 14.
- The buildings will not have electricity, but the intent is to have yard lights that light the sides.
- If there are problems in the future, the buildings may be fenced in for security.
- Eventually may put in video surveillance.
- Part of the existing pole shed is intended to be used for storage also. He keeps his semi truck and trailer inside the pole shed when he is home.
- No anticipated traffic count available, but it is anticipated that traffic will not be a problem.
- No neighbors objected.
- It was suggested that shielded lighting be used.

Motion by Vielhuber to approve the Conditional Use Permit application for Tom Woodstock, 11136 W. Hwy 14, Evansville, WI 53536, to install and rent self-storage units as a family farm business in an Agricultural One District (A-1) in the NE ¼ of the SW ¼ of Section 32. The units must be located on the existing farmstead.
2nd by Sweeney.
Sweeney added a condition that shielded lighting must be used.
Passed 4-0.

Findings of Fact: Per Section 4.4(3)(14) of zoning ordinance.

2nd Order of Business: Conditional Use Permit application for Oberdeck Farms, Inc. of 6136 W. Pomeroy Road, Edgerton, WI 53534 to separate off a 4.13 acre parcel to build a house for the owner of the property in an Agricultural One District (A-1) in the NE ¼ of the SE ¼ of Section 12. Per Zoning Ordinance Section 4.4(3)(12).

Applicants Kathy and Larry Oberdeck were present.

Discussion:
- Larry stated he would like to build a house on the 4.13 acre lot they want to create.
- The current lot is 34.3 acres.
- Russell Jeske read Section 4.3(1) of the Zoning Ordinance, which states that lots less than 35 acres in an A-1 district cannot be further divided.
- Gene Jensen, a neighbor, said that he and the Oberdeck’s had a talk and worked things out and that he has no objections.
- It was stated by the Plan Commission that the Conditional Use Permit application should not have been issued due to the property already being a non-conforming lot in an A-1 district.
- Applicants were told that they can build a house on the property without a Conditional Use Permit, but they cannot further subdivide it.
- The Conditional Use Permit was withdrawn by the applicants due to the lot already being a non-conforming lot in an A-1 district.

Motion by Sweeney to recommend to the Town Board that the $350 Conditional Use Permit application fee be refunded due to the withdrawal of the Conditional Use Permit application.
2nd by Vielhuber. Passed 4-0.

3rd Order of Business: Review wording of Animal Siting Ordinance.

Questions developed from the last hearing were compiled and submitted to Jordan K. Lamb, Esq. A copy of the questions is attached. Ms. Lamb responded and a copy is attached.

Discussion:
- Ms. Lamb stated that the Animal Siting Ordinance cannot be included as an overlay district.
- The Town of Porter has to include A-2 and A-3 zones in the Animal Siting Ordinance or rename them to non-agricultural zones.
- Horses as well as other animals are specifically exempted from the Animal Siting Ordinance.
- Hamilton stated that he thinks that the Town should be able to regulate horses/acre if horses are not covered by Animal Siting.
- It was discussed to include in the Animal Siting Ordinance the A-2 and A-3 zones.
- It was discussed to include wording in the ordinance to cover animals not included in the Animal Siting Ordinance by stating that only 2 animal units/acre are allowed for all animals, including animals not included in the Animal Siting Ordinance.
- It was suggested by Oakeson to write up a draft version of the ordinance with all of the items motioned over the past few hearings and the Animal Siting Ordinance so that the Plan Commission and Town Board can view the document as it will look with the final wording.

Motion by Vielhuber to table this issue.
2nd by Remley. Passed 4-0.

New Business:
Viney stated that Commissioners should attend the next Town Board meeting as they are to be involved in a grant that was recently received by the Town of Porter.

Next meeting is scheduled for October 10th at 7:00.

Motion to adjourn by Vielhuber.
2nd by Remley. Passed 4-0

Respectfully submitted,

Steve Oakeson
Secretary, Town of Porter Plan Commission

Approved 10/10/2006

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