PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

PUBLIC HEARING

July 30, 2007

County Board Room – Administrative Center

6:00 p.m. –  6:55 p.m.  

CALL TO ORDER

The recessed meeting and Public Hearing of the Planning, Resources and Development Committee was called to order at 6:00 p.m. by Committee Chair George Hammes.  Let the record show that this meeting is called in full compliance with the requirements of the Wisconsin Open Meetings Law.  The procedures for tonight’s meeting are explained to those gathered.

WITHDRAW ZONING PETITION NO. 1722   William Strupp for W & G Strupp Real Estate LLC and Strupp Trucking Inc, N3567 Shiftar Road  La Crosse WI  54601.  Petition to rezone from the Residential District “A” to Commercial District “B”, two parcels containing 1.38 acres at W3542 and W3550 Shiftar Road described as:  Part of the SE-NW of Section 21, T 16 N, R 7 W in tax parcels 9-1011-0 and 9-1012-0.  Town of Medary.

Motion by Hanson/Bina to accept request to withdraw Zoning Petition No. 1722. 

6 – aye, 0 – no, 1 – excused (Don Meyer).

ZONING PETITION NO. 1748:  Patrick Strupp  N3567 Shiftar Road  La Crosse WI  54601, o/b/o W & G Strupp Real Estate LLC and Strupp Trucking Inc and Calvin D. Fossedal  N3554 Shiftar Road  La Crosse WI  54601.  Petition to rezone from the Residential District “A” and Commercial District “B” to Commercial District “C” four parcels of land with a combined acreage of 2.45 acres for continued contractors storage and home rentals on land described as:  Part of the SE-NW of Section 21, T 16 N, R 7 W described in tax parcels 9-1006-1, 9-1011-0, 9-1012-0 and 9-1014-0.  Town of Medary.

Appearing in Favor: 

Patrick Strupp  918 Dana Lane  Holmen WI  54636.  Proposed rezone to Commercial “C” to better facilitate operation of their business.  Kremer property currently in process of rezone also.  The Medary Town Board is in favor and has offered to put that in writing as a recommendation. 

Question BLUSKE:  What will happen with houses on this property?

Answer STRUPP:  Lease for now, eventually raze and build a new building over there.

Opposition:  None.

Department Recommendation:  Approve – consistent with Town Plan.

Motion by Hanson/Keil to approve. 

6 – aye, 0 – no, 1 – excused (Don Meyer).

ZONING PETITION NO. 1749:  George E. and Ruth Barton  N8053 County Road D  Holmen WI  54636.  Petition to rezone from the Exclusive Agricultural District to Agricultural District “A”, a 6.90 acre parcel with an existing home, barn and shed at N8053 County Road D in order to sell, on land described as:  Part of the NE-NE of Section 27, T 18 N, R 7 W, described as follows:  Commencing at the northeast corner of said Section 27, thence S76˚10’23”W 416.34’ to the centerline of County Road D and the point of beginning of this description:  thence, along said centerline line, S25˚14’25”W 918.91’; thence S89˚31’18”W 188.00’; thence N05˚13’38”E 862.28’; thence N89˚31’18”E 438.50’; thence S64˚45’35”E 69.42’ to the point of beginning.  Town of Farmington.

Appearing in Favor:

Jon Schuster – Rainbow Realty  1 Terry Circle Drive  Holmen WI  54636.  This is 6.2 acres – driveway hasn’t changed – buildings to remain the same.  Only thing is this will no longer be a 40-acre parcel. 

Question BLUSKE:  Remaining lands?

Answer SCHUSTER:  Not being sold at this time.  Approximately 24 acres left – cropland.  Do not know what they will do with that in the future.  There is a 66-ft easement north of this parcel for access to that remaining acreage.

Question BINA:  Is it cropland now?

Answer SCHUSTER:  No it’s not. 

Opposition:  None.

Correspondence:  Letter received June 28, 2007 – Town of Farmington approves 6-acre parcel – condition 66-ft access be reserved on the north.

Department Recommendation:  Denial – should be sold as an Ag unit – 100 percent soils Class I, II, III; better soils County Plan recommends Exclusive Ag.

Question BINA:  Where is rest of land he owns?

Answer BLUSKE:  Reviews map of land ownership.

Question RAUK:  Within the 6.2 acres – unrealistic to expect productive Ag on that 6.2 acres.  Can we approve this and protect the remainder with a statement to that effect?

Answer BLUSKE:  No, can’t enforce that, would need to remember that for future reference.

Remarks BINA:  Little Ag to take place on that 6.2 acres.  Too small to be operating farm.

Motion Bina/Hansen to approve.

Remarks BINA:  If the Bartons are not going to live there and work the land, they could rent the rest of that out – rental rates going up each year.

Remarks HAMMES:  We rezoned an additional lot across the street for Hamiltons a year or 2 years ago.  Just finished a home there.

Vote on motion:  6 – aye, 0 – no, 1 – excused (Don Meyer).

ZONING PETITION NO. 1750:  Chase Miller, partner acting o/b/o MHL, LLC  W4160 Gills Coulee Road  West Salem WI  54669.  Petition to rezone from the Exclusive Agricultural District to Agricultural District “A”, a 2.57 acre parcel to be added to two existing single family residential parcels, on lands described as:  Part of the SE-SW of Section 29, T 17 N, R 6 W described as:  Commencing at the S¼ corner of Section 29; thence along the south line of Section 29, S89˚48’52”W 803.22’ to the point of beginning:  Thence N0˚04’16”E 414.92’; thence S89˚51’52”W 524.93’ to the west line of said SE-SW; thence S0˚14’48”E along said west line 189.65’; thence S89˚58’51”E 253.12’; thence S89˚41’06”E 215.75’; thence S0˚04’16”W 225.31’ to the south line of said Section 29; thence N89˚48’52”E along said south line 55’ to the point of beginning.  Town of Hamilton.

Appearing in Favor: 

Chase Miller  W4180 Gills Coulee Road  West Salem WI  54669.  Gave these 2 owners the opportunity to expand their lots – leaves us with 35.02 acres for someone to construct a home. 

Question BLUSKE:  55-ft width convenient for a driveway?

Answer MILLER:  We at MHL LLC don’t want any more lots out there.

Richard Schomberg  W3679 County Road C  West Salem WI  54669.  Town thought this would be okay – squares up existing lots.

Opposition:  None.

Correspondence:  None.

Department Recommendation:  Denial.  County Plan calls for Exclusive Ag – Class I and II soils – currently in corn.

Motion Kapanke/Bina to approve.

Question HANSON:  Jeff, one of your concerns was an additional driveway.  Could the Committee have that as a condition?

Answer BLUSKE:  Yes, could require on further subdivision (conditional zoning).

Remarks JUNG:  Certified Survey Map not required – this is a neighbor to neighbor sale.

Kapanke amends motion – no further subdivision.

Second Bina.

Vote on amended motion:  6 – aye, 0 – no, 1 – excused (Don Meyer).

AFTER-THE-FACT CONDITIONAL USE PERMIT NO. 758:  Lynn Meyer  W4191 Schild Road  West Salem WI  54669, o/b/o Lynn and Raenel Meyer and Lynn and Lonny Meyer.  Petition for an after-the-fact permit to operate a practice track for dirt motor bikes and ATV’s on lands zoned Agricultural District “A” and described as:  Part of Government Lot 8 and part of the SE-NE of Section 8, T 16 N, R 6 W described as:  Commencing at the northeast corner of said Government Lot 8; thence South 1600.5’; thence West 807’ to the point of beginning of this description; thence Northerly 415’ to a point on the south line of tax parcel 7-210-0; 410’ as measured along said south line from the I-90 right of way; thence Northwesterly 300’ to a point on the interstate-90 right of way 320’ from the southwest corner of said tax parcel 7-210-0; thence Southwesterly along the interstate 90 right-of-way 320’; thence S25˚E 532’; thence East 150’ to the point of beginning.  Town of Hamilton.

Appearing in Favor:
Lynn Meyer  W4191 Schild Road  West Salem WI  54669.  Applying – been operating my dirt bike down there since 1995 – used to be corn but had to replant many times due to flooding.  I have done everything required by Land Conservation; have improved Erosion Control – stopped erosion – had one area of concern near the creek, so we pulled everything back from there.  Have planted, brought in breaker rock in a couple of areas.  Natural erosion from upper fields actually.  She (Mary Jo Webster) felt it would be a good idea to place breaker rock in a couple of those areas and we have done so.  Have created some rows down there to actually stop the soil from going into the creek. 

Question BINA:  Is there a setback from the interstate?  You’re out on the Interstate right-of-way.

Answer MEYER:  We are several yards off of the interstate fence.  The corn field was a larger area than this.

Question HANSON:  Just family and friends, no commercial use?

Answer MEYER:  Just family and friends. 

Question HAMMES:  Mr. Bluske, for just family and friends do they need this?

Answer BLUSKE:  If it’s just family they don’t need this.  When someone outside the family comes in that’s when the Conditional Use kicks in. 

BLUSKE:  Reviews aerial photo of area occupied by dirt bike track and the Interstate 90 right-of-way. 

Letter from Mike Lenz:  DOT right-of-way is 160-ft.  Fence line is 60 feet from reference line.  Approximately 100 feet of track on right-of-way of Interstate 90.   Yellow markers to be placed to mark right-of-way – cannot use this right-of-way for track.  Speculates fence may be that way because of drainage. 

Remarks MEYER:  Have used that property since 1968 when Interstate went through.

Question HNASON:  What would happen if track has to be moved back?

Answer MEYER:  No one will lose a life over this.  Just hard to understand why after 30 years this came up. 

Remarks RICHARD SCHOMBERG – TOWN CHAIRMAN:  Town knew this was going on, had no problem with that.

Opposition:

Tony Green  231 Hamilton Street W  West Salem WI  54669.

Question GREEN:  I own a lot out there on Schild Road.  How many family persons are they talking about – twenty bikes, one or two?  Concerned about noise from the track, set hours?  Moving out there for quiet.

Response MEYER:  Talked to neighbors in area, noise from interstate more than you will hear from me.  We ride on Tuesdays and Fridays.  You’ll hear Interstate Speedway more than you will hear me. 

Reply GREEN:  If neighbors out there have no problem with it, I’ll go along with that to.

Correspondence:

1)     Letter received July 13, 2007 – Town meeting on July 10, 2007 – Town approves.

2)     DNR – letter from Carrie Olson – No DNR Chapter 30 permit required, provided:

1)     Under 10,000 square feet of disturbance.

2)     Vegetated buffer provided along creek.

3)     All exposed soil and best management practices should be inspected regularly.

3)     DNR – letter from Kurt Rasmussen – DNR Storm Water Permit required.

4)     Phone call received  - Mary Jo Webster – Erosion Control Permit required as per letter dated June 18, 2007.

Department Recommendation:  Deny.  Family members allowed, not outside users.  County Plan CS – Countryside Residential.

Question BINA:  So no Conditional Use if only family?

Answer BLUSKE:  Right.

Motion Hanson/Kapanke to approve.

Remarks HANSON:  Spoke with some people out there.  Well acquainted with this site.  Do not feel this interferes with anything out there.  We could put some conditions on this – ask to amend the motion to attach “track usage” as outlined in impact statement submitted by Meyers.

Second Kapanke – also to include muffler requirements.

Vote on amendment to original motion to original motion to include the “track usage” conditions submitted by the applicant and to include requirement for legal mufflers.

6 – aye, 0 – no, 1 – excused ( Don Meyer).

Discussion (mufflers):

Remarks MEYER:  Mufflers must be approved for decibel ratings.

Vote on motion as amended:  6 – aye, 0 – no, 1 – excused (Don Meyer).

Remarks JUNG:  Very unusual situation for fence to be off along interstate.  In 33 years I have never seen this before.

CONDITIONAL USE PERMIT NO. 764:  Reverend Diane Kay Martin for the Trinity United Church of Christ, W4888 Harvest Lane, La Crosse WI  54601.  Petition to replace existing Conditional Use Permit 668 for a day care center with this petition to operate a community center to include a thrift store, picnic facility, food pantry and counseling center in the existing structure on lands zoned Agricultural District “A” and described as:  Part of the NE-NE of Section 24, T 15 N, R 7 W being a 1.74 acre parcel described in tax parcel 11-1800-0.  Town of Shelby.

Appearing in Favor:

Diane K. Martin, on behalf of Trinity United Church of Christ, 512 Mahlum Street  Coon Valley WI  54623.  Church has owned the property since 1978 when it was sold by the School District to the Church.  It has been vacant for almost a year.  Congregation has done a lot of brainstorming to come up with some use rather than let the building stand empty.  Outlines uses of building – counseling center, thrift store, food pantry, outside picnic area.  Bluske reviews photos of rooms and describes proposed uses.

Opposition:  None.

Correspondence:  Letter from Town of Shelby dated June 25, 2007 – Town in favor of Conditional Use – thrift store/food pantry, counseling center, park use.

Department Recommendation:  Approve with 8 conditions: 

1.      Permit is granted to operate a thrift store, food pantry, community center for family

reunions, picnics and gatherings, along with counseling services.

2.   The thrift store, counseling center and food pantry would be open normal business

      hours:  8 am to 5 pm Monday through Thursday and Saturday, with hours running to

      7 pm on Fridays.  Picnic area on Sunday would be the same as the Town of Shelby

      parks.

3.      The community center and outside areas would be open for picnics, family reunions and business gatherings the same hours as those maintained by the Town of Shelby parks.

4.      One unlighted sign no larger than 4-ft x 4-ft with smaller signs 1-ft x 3-ft allowed to be attached to the bottom of the main sign, could list the entities within the building and their respective hours.

5.      All parking must be kept on the property with any overflow allowed at the church adjacent to the east side of the building.  No on-street parking.

6.      The current building has 2180 square feet.  If the building is ever enlarged this permit

must be amended.

7.      This permit will replace Conditional Use Permit No. 668 in its entirety.

8.      This permit is non-transferable.

Discussion (hours of operation):  Picnic facility on Sunday will have same hours as Mormon Coulee Park.

Motion Bina/Keil to approve as recommended. 

6 – aye, 0 – no, 1 – excused ( Don Meyer).

Motion Hanson/Keil to adjourn.

6 – aye, 0 – no, 1 – excused ( Don Meyer).

Adjourned at 6:55 p.m.

ADJOURNMENT

There being no further business, the meeting adjourned at 6:55 p.m.

The above minutes may be approved, amended, or corrected at the next Committee meeting.

Nathan Sampson, Recorder