Planning Commission Meeting Minutes 2010
 

TOWN OF CLYMAN
PLAN COMMISSION MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
October 4, 2011 @ 7:00 PM

BOARD ATTENDANCE –Mike Mclay, Chris Spilker, & Chairman, Pat Morrison
The meeting was called to order by Pat Morrison at 7:16 pm. The Pledge of Allegiance was recited.
MINUTES – Pat/Mike made motion to approve minutes as presented. Motion carried.
ERIC/JACQUELINE HOWLETT#012-1015-1612-000- Eric was present and explained he would like to increase his lot line to a 5 acre parcel. Pat explained that when Eric receives his paperwork he should forward a copy to the Plan Commission for verification and then it will be turned into the town board for final approval. It was explained that Eric is coming before the Plan Commission as more of an FYI for the town because he owns both properties. Pat explained that Eric should meet the requirements found on page 42 of the Zoning book when presenting to Dodge County.
ZONING CHANGES/AMENDMENTS – Tabled to next month.
DALE/MARY KREUZIGER 012-1015-1914-000 – Mary provided a map showing that parcel #1914-002 has a driveway. #1914-001 also has a driveway. Mary is requesting a driveway on #1914-000. Currently they drive across parcels owned by them to get to parcel #1914-000. #1914-000 currently does not have a driveway. Chris explained that the drive was something that should have been taken care of at the time of the sale of the parcel. The zoning administrator did not require at the time of sale and the plan commission requested that follow through on the zoning administrator prior to sales should be done.
Discussion was held about the speed limit on Welsh Road. Currently Welsh road does not have a posted speed limit. The plan commission discussed proposing the speed limit to be posted at 45mph. Pat/Mike made recommendation to approve driveway request with the speed limit to change on Welsh road from Hwy 60 to Hwy J from un-posted 65 mph to a posted 45 mph to meet the minimum requirements of zoning in Town of Clyman per 8.1(1)c. Motion carried. Pat explained that at a town board meeting he liked the idea of not paving roads in the Town of Clyman because it could help slow down the speeders down.
SUSAN & JOANNE PIPER/TERRY & THERESE MERCER – Terry & Therese Mercer were present and explained that he currently owns #012-1015-0444-005 and will be purchasing approx. 3 acres from #0444-000. Pat explained that this would require a new CSM that Dodge County will be handling. He explained that once the parcel is resurveyed a copy should be sent to the town for filing.
CITIZEN COMMENTS - Steve Kaine was present and explained that he would like to split off the building from land on the old Bob Schultz property. Pat explained that on page 32 it explains the requirements for sectioning off land in the Town of Clyman per the zoning requirements. Steve explained that he is looking at approx. 3 acres to split off. Pat explained that set back requirements are 10ft off the side of building and 30ft off major highways. Chris will provide an application to Steve and once completed he will submit to clerk to be on the agenda.
Mike as a citizen asked about a lot of 40 acres already being owned by a citizen and if that citizen purchases another lot of 10 acres does it create a parent track. Pat explained on page 32 10-15 non-farm lot have one land split. The 40 acre would have 3 splits. Pat explained that the parent track is defined as what existed prior to zoning. Pat explained that this would not make a parent track in this situation. The citizen will keep the development rights already established but not gain any additional rights by combining these properties.
SET NEXT MEETING - November 1, 2011 at 7:00 pm
Pat/Mike made motion to adjourn at 8:06 pm. Motion carried.
Respectfully Submitted,
Chris Spilker – Plan Commission Clerk

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Previous meetings 2009

TOWN OF CLYMAN

PLAN COMMISSION MEETING MINUTES

JANUARY 5, 2010

Members Present: Mike McLay, Tim Huber, Sandy Thoma, Pat Morrison, Chairman

Meeting was called to order at 7:45 by Mike McLay, Acting Chairman.

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Pledge of Allegiance was recited.

Minutes from December 1, 2009. Mike McLay motioned to accept the Minutes as presented. Tim Huber seconded. Approved.

Zoning Violations - Garages. Zoning Ordinances specify that each property must have a garage either attached or detached with a residence. There are two properties in violation of this ordinance. Discussion followed as to why Ordinance 3.5(e) is needed. Tim Huber motioned to recommend to the Town Board that action should be taken on the two homes in violoation of Zoning Ordinance 3.5(e) and that the Town take action. Sandy Thoma seconded. Approved.

Mike McLay wondered if when the Zoning Ordinances are redone, we should look at removing 3.5(e) or be more specific as to what is needed. It was also recommended to check with Jeff Retzlaff as to why this ordinance was added.

Citizen Comment.

1.

Charles Weinheimer came before the board to check on splitting off approximately 10 acres with buildings from his farm. Pat Morrison stated that he did not consider this to be a non-farm split so the Planning Commision would have no objections to this split. Pat instructed Mr. Weinheimer to contact the County and present a Letter of Intent to the Town.
2.

Zoning Ordinances changes will be requested from the Town population by postcard with a deadline of the next meeting date. All requests must be submitted in writing to the Plan Commission. These requests may also be presented at the next Plan Commission meeting. Pat Morrison motioned that a notice be mailed to the Town of Clyman population with the March meeting deadline. Mike McLay seconded. Approved.

Abandoned Properties. Sandy handed out the reply from the WTA. They did not have any specific recommendations. Pat questioned whether we should qualify the word “abandoned”. Tim Huber motioned to abandon the motion to discuss the abandoned property further at this time. Sandy seconded. Approved.

Addendum Page to the Zoning Permit and Land Division Application. Sandy handed out a form that the County uses when someone comes in with a Zoning Permit or Land Division request. Pat questioned whether we are looking to show the public where to go for information. Discussion followed. Original intent was to help the public navigate our zoning ordinances. Bob White recommended that we create a checklist with info as to what needs to be done to accomplish request. Caroline Bailey said that the Zoning Ordinances need to be on the internet. After further discussion it was decided that the attached form should direct the public as to where to find information and be written in paragraph form.

Land Division Ordinance. Discussion on whether we should discuss this at the next PAC meeting on January 21, 2010. Tim Huber motioned to take 15 minutes prior to the next PAC meeting to discuss this so both boards are present as well as Jeff Retzlaff. Sandy Thoma seconded. Approved. Mike McLay questioned whether we can make our Ordinance stronger than the County. Pat Morrison amended the motion to request that Jeff Retzlaff be there at 6:30 PM to discuss this topic. Sandy seconded. Approved.

Next Meeting Date. Next meeting scheduled for February 2, 2010 at 7:30 PM

Citizen Comment. Caroline Bailey asked that the website be bought up to date with Agendas and Minutes posted in a timely manner. Pat Morrison motioned to have the website brought up to date with the Zoning Ordinances provided in PDF format so they can be added to the website. Tim Huber seconded. Approved. (NOTE: I checked on the website on 1/9/10 and the Ordinances are on the website in PDF format. st)

Mike McLay motioned to adjourn. Seconded by Tim Huber. Approved. Meeting adjourned at 9:10 PM.

Respectfully submitted,

Sandra Thoma

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TOWN OF CLYMAN

PLAN COMMISSION MEETING MINUTES

February 2, 2010

Members: Mike McLay, Tim Huber, Sandy Thoma, Pat Morrison, Chairman

Attendees: Mark and Judy Holl, Mark Tomashek, New Frontier Surveying

Meeting called to order at 7:45 PM by Acting Chairman, Mike McLay.

Pledge of Allegiance recited.

Mark and Judy Holl Land Division - Mr. & Mrs. Holl own a total of 52 acres west of State Road 26. They would like to split off approximately 2.5 acres to include the buildings located in the SE1/4 of the NE1/4 of Section 20, Town 10 North, Range 15 East, being part of 012-1015-2014-000, Town of Clyman, Dodge County, Wisconsin. The lot lines would follow the natural boundaries already in place. Mark Tomashek, New Frontier Surveying, said he had spoken with the Department of Transporation and was told that the driveway would enter the property off a frontage road west of the property after redevelopment of State Road 26. The Plan Commission Board determined that the land division meets Zoning Ordinance 4.12.b acreage requirement, and 4.12.f natural boundaries requirement. Discussion followed regarding County and Town regulations in regard to Land Splits. Pat Morrison stated that he sees nothing that should impede this from moving forward. A Public Hearing will be held at the next meeting to allow all adjoining land owners the chance to speak. A Public Hearing will be scheduled for March 2, 2010 at 7 PM. Chairman Pat Morrison stated that this Land Division meets Town zoning and conditional approval granted based on info presented and dependent on Public Hearing.

Minutes - Mike McLay made a motion to accept the minutes from the January 5, 2010 meeting as presented. Tim Huber Seconded. Approved.

Citizen Comment - None

Next Meeting Date Set - Sandy Thoma motioned to set next meeting for March 2, 2010 with the Public Hearing to be held at 7:00 PM and the Plan Commission Meeting immediately following. Tim Huber seconded. Approved.

Adjournment - Mike McLay motioned to adjourn. Tim Huber seconded. Approved.

Meeting adjourned at 8:30 PM.

Respectfully submitted,

Sandra Thoma

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TOWN OF CLYMAN

PUBLIC HEARING MINUTES

MARCH 2, 2010

Board Members present: Chairman Pat Morrison, Mike McLay, Tim Huber and Sandy Thoma

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Public Hearing Meeting called to Order at 7:05 PM by Chairman Pat Morrison

Pledge of Allegiance Recited.

Pat Morrison asked for any comments from the Citizens in regard to the Mark and Judy Holl land split of approximately 2.5 acres from an existing 52 acre parcel located in the Southeast ¼ of the Northeast ¼ of Section 10, Town 10 North, Range 15 East, Town of Clyman, Dodge County, Wisconsin. Charlie Zimmerman noted that the land should state that it is located in Section 20 not Section 10. Pat mentioned that the description was taken off Zoning Permit and Land Division Approval Application. Correction will be noted. It was questioned as to how many acres would actually be involved. Brad Johnson New Frontier Surveying noted that it is just a guess as to the amount of acreage until Survey is approved. Mike McLay motioned to close the Public Hearing Portion of the meeting. Tim Huber seconded. Carried.

Public Hearing meeting closed at 7:11 PM

Respectfully submitted,

Sandra Thoma

TOWN OF CLYMAN

PLAN COMMISSION MINUTES

MARCH 2, 2010

Plan Commission Regular meeting called to order at 7:11 PM

MINUTES - Mike McLay made motion to accept the Plan Commission Minutes from the February 2, 2010 meeting as presented. Sandy Thoma seconded. Carried.

MARK & JUDY HOLL LAND SPLIT - Pat Morrison stated that this was discussed at the last meeting and that we had found that it had met the Town Zoning Ordinances. Brad Johnson, New Frontier Surveying, stated he was there to answer any questions. There were none. Mike McLay stated that we discussed this land split at the February meeting. There was no further discussion. Sandy Thoma motioned to recommend the Land Division Split for Mark and Judy Holl to the Town Board for approval as it meets Zoning Ordinance 4.12.b acreage requirement and 4.12.f natural boundaries requirement as stated at the February 2, 2010 meeting. Mike McLay seconded. Carried.

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PUBLIC COMMENT, QUESTIONS, CONCERNS AND DISCUSSION IN REGARD TO POSSIBLE CHANGES TO THE ZONING ORDINANCES - Pat Morrison asked if there were any comments. Pat noted that review of the Zoning Ordinances this is required every year and that with the new Planning Activity for the 20 year plan (Smart Growth) the zoning is going to change when the plan is ratified. Zoning ordinances will need to meet these requirements and match the new plan. Any Zoning Ordinances will be changed after that.

1.

Charlie Zimmerman questioned why we need to have a requirement for garage as noted on page 8. He questioned why we make it mandatory for residents to have a garage. Discussion followed. Dave Blank stated that he asked some of the previous members of the Board why this was put in and was told that this was put in the ZO to retain the value of the property.
2.

Charlie questioned the Signs Ordinance as noted on Page 54. He stated that he would like to see the section removed or at least become less restrictive. He stated that 10.6(2.a) should be changed to 3 off-site signs. 10.6(2.e) feels should be eliminated as it doesn't allow anyone to put up a sign further away from his business. Discussion followed. Pat asked if 2a was correct and Charlie said he would like to keep this the same and Charlie stated that he would like to have it read 3 signs and not be restricted as to where the signs be placed. This would make it less restrictive for business owners to advertise their property.
3.

Pat read letter from A Taxpayer about the Town Zoning is becoming a dictatorship. Stating that the Town should consider going with the County Zoning to save the Town money. Letter attached to this filing. Pat stated that people are okay with the rules until they apply to them and that he believes that Local Government is better than outside Zoning.
4.

Caroline Bailey stated she went to the County to seek the differences in Zoning between Town and County. She would prefer going with the County and that the County stated they only overturn Towns approximately 2% of the time. Dave mentioned that going with the County is not an option at this time. This question would have to go to referendum. Charlie said it was discussed previously. Pat mentioned that it was on the questionnaire. Caroline asked what percentage sent back the questionnaire. Pat thought it was around 30% which is a good response by Survey standards. Caroline stated that she has been told in the past that going with the County was not an option. Charlie stated that he was involved with the process and that it was discussed and the Town decided to go with their own zoning. Pat stated that if Caroline would like to see the Town go to County Zoning the first step would be to collect signatures on a petition and then we could go to referendum. A copy of what Caroline presented is attached to this filing.
5.

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Mary Kreuziger would like to see a new book and that when this is done to print each section separate so if there are changes to a section that we could just replace a section rather than to have pages of corrections. Mary also questioned why we rely on Jeff Retzlaff to do this when we have it electronically and could make changes ourselves. We would not need to reprint the entire book since it is one the website and changes could be made there and the public could be obtained on the website.

ADOPTION OF NEW DISTRICT FOR FARMLAND PRESERVATION (ORDINANCE 2010-01) - Pat discussed the need for a Farmland Preservation Zoning District (FPZD). Charlie questioned if this was a 3tier program and Pat said you need to have a FPZD if you want to take advantage of tier 2 and 3. Charlie asked if we waited would it be more restrictive by County or State. Pat read some things that are available statewide. Discussion followed about what advantages are involved to having a FPZD and then what penalties arise if you want to take the land out of the program. Information can be found on the State website. Dave stated that the County can restrict zoning but it is harder if we have a FPZD. A public hearing would need to be held before we could adopt this. Pat suggested moving this to the next PAC meeting and discuss it with both boards before deciding whether to move forward. Mike motioned to move Ordinance 2010-01 Adoption of New District for Farmland Preservation to the PAC meeting and discuss it with the Town Board. Tim Huber seconded. Pat questioned if we should move the time of the PAC meeting up. Carried.

ADDENDUM PAGE TO ZONING PERMIT & LAND DIVISION APPROVAL APPLICATION - Pat Morrison informed the public what the Plan Commission was trying to do with this addendum. Pat read what Mike McLay, Tim Huber, Sandy Thoma, and he had written up on the permits and approvals section on the above form. Pat suggested that we take off the page numbers as they may change in the future. Pat asked Sandy if she would compile the write-ups by the board members so they can be presented on one page using the format she used. This will be presented at the next meeting.

CITIZEN COMMENT - None

NEXT MEETING DATE - Discussion followed as to when the next meeting could be held. Due member absences the meeting would have to be moved back to later in the month. Meeting date was discussed for April 14th at 7:30 PM. Mike motioned to schedule the next meeting date for April 14th, 2010 at 7:30 PM. Pat seconded. Carried.

ADJOURNMENT - Sandy motioned to adjourn. Tim seconded. Carried. Meeting adjourned at 8:17 PM.

Respectfully submitted,

Sandra Thoma

______________________________________________________________________________________________

TOWN OF CLYMAN

PUBLIC HEARING MINUTES

April 14, 2010

Board Members present: Chairman Pat Morrison, Mike McLay, Tim Huber and Sandy Thoma

Public Hearing Meeting called to Order at 7:38 PM by Chairman Pat Morrison

Pledge of Allegiance Recited.

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Pat asked for any public comments in regard to the request by Charles Weinheimer to create a parcel approximately 10 acres in size from parcel # 012-1015-0522-001 located in the NW ¼ of the NW ¼ of Section 5, Town 10N, Range 15E, Town of Clyman, Dodge County, Wisconsin. There were no comments. Charles Weinheimer presented a map showing what he would like to split off. He stated that the property would split the buildings from the ag land. Discussion followed as to what would be surveyed off. There are 2 non-farm lots that could be split off. Discussion followed as to whether this fell within the allowable acreage split. Pat stated that we needed to justify the acreage allowance. Ordinance states that the size can be between 1 and 3 acres with a variance granted for a split up to 15 acres. Pat pointed out that if we allowed this split that there would be no more development rights as they would use up 2 rights with this split. The purpose for doing this would be to create a parcel that they would live on and maintain some acreage with McLay seconded. Motion carried.

Public Hearing meeting closed at 8:55 PM

Respectfully submitted,

Sandra Thoma

TOWN OF CLYMAN

PLAN COMMISSION MINUTES

April 14, 2010

Plan Commission Regular meeting called to order at 7:56 PM

MINUTES - Mike McLay made a motion to accept the Public Hearing Minutes as presented AND a motion to accept the Plan Commission Minutes from the March 2, 2010 meeting as presented. Sandy Thoma seconded both motions. Carried.

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WEINHEIMER LAND SPLIT - Discussion and Possible Action regarding a petition from Charles and Georgiette Weinheimer, W7235 County Road KW, Juneau, Wisconsin, to split a parcel of land from an existing 25 acre parcel owned in the Town of Clyman for the purpose of creating a residential lot at parcel 012-1015-0522-001 in the NW ¼ of the NW ¼ of Section 5, Town 10N, Range 15E, Town of Clyman, Dodge County Wisconsin. Mike noted that they had discussed this at the Public Hearing. Sandy noted that Mr. Weinheimed had done his homework and presented the information to the Plan Commission for the split that he desired. She noted that the Ordinance allows the board to allow up to a 15 acre split. Mike stated that he saw nothing wrong with giving Weinheimer's what they would like. Pat again questioned the jog on the map that may be added to the parcel. Sandy asked if Charles knew what amount of acreage that would add and Charles stated that it would add very little. Mike motioned to recommend the land split to the Town Board under section 4.12.1(a) (b) & (c) [which allows us to create parcel up to a maximum of 15 acres]. Sandy seconded. Tim questioned what the Town Board would do. Would they go along with our recommendation? Pat stated our job is to make a recommendation to the Town Board and they decide what to do from there. Motion carried.

MUELLER LAND SPLIT - Discussion and Possible Action regarding land split for Patrick & Sarah Mueller, 207 Cody Drive, Beaver Dam, WI 53916 at Parcel #012-1015-1332-001 and #012-1015-1333-000, located in the NW ¼ of the SW ¼ of Section 13, Town 10 North, Range 15 East, Town of Clyman, Dodge County, Wisconsin. Pat Mueller explained that he would like to survey off the house and approximately 5 acres of land for future sale. He would build on the parcel to the north. There is a possibility that the party who buys the house & acreage would buy the property south of the home. Discussion followed as to what part of the acreage is tillable and what part is wetland or wooded. Pat stated that the split would take care of both developmental rights so that there will be no further developmental rights available in the future to the Mueller's or the party that buys the house & acreage. It was decided to put Pat Mueller on Public Hearing at the next meeting.

CITIZEN COMMENT - Charlie Zimmerman questioned 10.6.2(a) as written on page 54 of the Zoning Ordinance and asked to have his comments at the last meeting changed to read: Ordinance would allow up to 3 off-premise signs on up to 3 different locations. He stated that this ordinance is worded so that it is hard to understand. He would like to have the board take out the 500' distance requirement. Pat questioned the off-premises allowance on 3 other people's properties and still allow 1 on your property. Charlie Z. would like to give away less freedoms from the people. He stated that no one takes our freedoms away we give them awaye. Mike noted that the ordinance should be changed to included off-site directional or promotional sites. Discussion followed as to what is off-premise.

ZONING PERMIT AND LAND DIVISION APPROVAL APPLICATION ADDENDUM PAGE - Discussion and Possible Action regarding Addendum Page for Zoning Permit and Land Division Approval Application. The Addendum page was reviewed. Pat read what the Plan Commission had come up with. Pat motioned to recommend to the Town Board that the Addendum page be approved for inclusion on the Zoning Permit and Land Division Approval Application. Mike seconded. Motion carried.

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NOTE - Sandy stated that Stan Jones would like to be on the Public Hearing for next month to present his information on the Malicki Land Split he discussed before the board in November 2009. He will be added to the Public Hearing portion and Plan Commission May meeting.

NEXT MEETING DATE - The May meeting was scheduled for May 4, 2010 to begin at 7:00 PM with a Public Hearing followed by the regular monthly meeting.

ADJOURNMENT - Sandy motioned to adjourn. Tim seconded. Carried. Meeting adjourned at 8:45 PM.

Respectfully submitted,

Sandra Thoma