Plan Commission Meeting — Minutes

MINUTES PLAN COMMISSION TOWN OF SCOTT BROWN COUNTY, WISCONSIN October 16, 2025 at 5:00 P.M. 1. Call to order/Roll Call. Meeting was called to order by Cari Langenberg at 5:02 p.m. Attendees: Chair Cari Langenberg, Paul Vanden Plas, Gerard Hruska, Steve Janquart, Erin Lemoine, and Mike Van Lanen. Staff: Economic Development Coordinator/Planner Dave Cerny, Clerk/Treasurer Jaime Fuge. Excused: Al Herrman Others in attendance: Robert Wurm for Item 3. The meeting was posted on 10/15/2025 at the front door of the Town Hall and on the website. 2. Approve Plan Commission Minutes of September 25, 2025 Meeting. MOTION: Janquart/ Hruska approve the minutes of September 25, 2025 Plan Commission Meeting. All in favor. Motion Carried. 3. Review/Take Action on a request for a Conditional Use for a 2-family dwelling status for 4138 Fischer Road (Parcel #SC-313) Robert Wurm, applicant. Cerny read from his staff report, which stated the property under consideration is currently zoned A-1 Agriculture and consists of approximately 30 acres. As pictured in the attached air photo (provided to the members in the packet), it consists of multiple buildings, with some forested land, fallow land, crop land, and corrals for horse pasturing. This parcels land uses and zoning match surrounding properties. The request is to remodel the front room(s) of the horse barn into an apartment. The front wing of the horse barn (see highlighted air photo to the right) has undocumented history that it had been remodeled at some point to serve as a “ranch-hand” apartment. It was later converted to a commercial grade kitchen on the first floor, with a bathroom, and a large room on the second floor. Converting a portion of the horse barn into a residential ‘apartment’ would require a Conditional Use Permit because the property would have two separate living units on one parcel, giving it duplex status. A Conditional Use Permit requires review by the Plan Commission, a Public Hearing, and final decision by the Town Board. If the Conditional Use is considered, “conditions” for the remodeling/addition of a living unit will require the residents to come into conformance with State Building Codes and an approved septic inspection/report issued by Brown County Zoning. Janquart asked when the horse barn was built. Cerny said it was built in the 1950s. Van Lanen asked who owned it then. Cerny was not sure who owned it in the 1950s. Cerny said it was remodeled, but there was no permit pulled when it was done. Van Lanen asked whether any details about the property were documented in the assessment records. Cerny responded that very little information was available regarding the 1950s remodel. However, Cerny noted that the commercial-grade kitchen remodel completed by Wurm was properly permitted and is recorded with the assessor. Janquart inquired about the commercial kitchen and whether the apartment had plumbing. Wurm explained that the apartment is connected to a septic system, which was installed in 2016 and is a mound system. Van Lanen asked specifics about the commercial grade kitchen. Cerny said that the kitchen is in a residential space, and the equipment was commercial grade to allow catering services. Van Lanen expressed concerns about setting a precedent. Van Lanen noted the similarities between barns and garage apartments. Langenberg was pleased that the owner came to the Board to ask for permission instead of asking for forgiveness. Hruska mentioned that he had been inside the barn several years ago and recalled it being clean, neat, and maintained. Janquart asked if animals are being housed in the barn. Wurm said in the back area. Langenberg asked who would be living in the unit. Wurm responded that he had found a tenant— a woman currently looking to relocate from De Pere—along with her two dogs and a cat. Cerny noted that Wurm intends to kennel some animals on the property, but clarified that this would be a separate discussion for the Board at a later time. Janquart noted that, if approved by the Board, Wurm would be permitted to rent to anyone, and emphasized the importance of considering the long-term implications. Langenberg asked whether there was access to the living quarters within the barn. Wurm responded that access is provided through a hallway. Cerny added that building code requirements would ensure the space is brought into compliance. Janquart asked whether the Board should expect to see more situations like this in the future. Cerny responded that these types of setups have become increasingly popular, particularly with garages and "man caves”. Van Lanen noted that the Town’s ordinance allows for only one primary residence on a property, and that this situation raises concerns related to multi-family use. Langenberg noted that Wurm is asking for a legal residence space that was already established from previous owners. Janquart stated that if the Town ever transitions to Village status, a higher population density will be necessary. Van Lanen noted the challenges of achieving village status and pointed out that the area currently established as the Town of Scott would be divided if the Town pursues village status. Langenberg mentioned that there is a housing shortage, a challenge common throughout the state and the country. Lemoine asked for alternative options if the intent was to avoid setting a precedent. Cerny explained that Wurm has enough land to create an additional parcel; however, this would require a Certified Survey Map (CSM), as well as review by the Plan Commission and Town Board. What makes this situation unique is the location, which offers limited suitable space to effectively separate the areas. Langenberg said the apartment space was already there and his intentions are to make it nice. LeMoine asked what precedent approving this request might be set. Cerny responded that this case could serve as an example for future requests from Town residents. LeMoine asked whether conditions could be added to exclude certain areas. Cerny confirmed that conditional uses can include specific conditions. Lemoine asked if we could create a rule in the ordinance to not allow this in properties less than 25 acres. Langenberg clarified that Lemoine is asking for an ordinance change to create stipulations, however, conditional uses are for specific properties. Lemoine asked if it would be possible to create two parcels in this request. Cerny explained that dividing the property into two parcels would result in an irregular, zig-zag-shaped parcel, which is not ideal. He also noted that conditional uses can expire—if abandoned, the applicant would need to reapply, as a conditional use can lapse within one year. Van Lanen stated that when the zoning ordinance was originally created, the intention was to have only one primary residence and any additional buildings were to be accessory buildings on the property. Allowing otherwise complicates the intent of the ordinances. However, as the comprehensive plan is currently being redone, this provides an opportunity to reconsider future goals. Hruska asked if an easement was possible. Cerny said it would not be possible. Cerny stated that there is no Certified Survey Map (CSM) to consider at this time and that tonight’s meeting should focus on the approval/denial of the conditional use permit. Langenberg asked if agricultural zoning allows for a secondary home, such as a primary house with a trailer for a relative. Cerny said that the current code, originally written in 1961 and updated in 1981 and the early 2000s, does not generally accommodate this, though some trailers were grandfathered in. He added most trailers are no longer being used as secondary homes on the properties. Van Lanen stated that the septic system would need to be reevaluated. Langenberg asked if agricultural zoning differs from residential. She emphasized that the space already exists. Cerny said the rules of one primary house is in the agricultural and residential zoning chapters. Lemoine asked about next steps. Cerny said no matter what happens tonight, he still goes through a public hearing and the neighbors are notified. There is a public hearing the will take place before the next Board meeting, scheduled for November 11. Hruska asked that that since the apartment space already exists if the space is grandfathered in. Van Lanen and Cerny said it is not grandfathered in. Wurm asked if the approval/denial circumstances would change if the person was assisting with the farm. Cerny responded that the determination is based on the property itself, not the individuals involved. A motion was made by Langenberg to approve a request for a Conditional Use for a 2-family dwelling status for 4138 Fischer Road (Parcel #SC-313) Robert Wurm, applicant. The Board discussed the motion on the floor. Janquart asked if, upon accepting the motion, future requests would also require approval. Cerny replied that it could be a possibility. Janquart noted every situation is different. Van Lanen said that this could happen at every farm. Wurm said that this would assist him financially. Hruska seconded the motion. Langenberg asked the Board if there was further discussion. Van Lanen requested that Brown County Health Services inspect the property, a well test be conducted to ensure water quality, the septic system be reviewed by the Brown County Zoning Department, and that proper insurance and all Town permitting requirements be verified. He suggested these reviews take place during the change of ownership. Langenberg amended the motion with the conditions stated by VanLanen. Van Lanen asked if a condition could be added limiting this approval solely to Mr. Wurm. Cerny expressed uncertainty about whether such an ownership-based condition is permissible and said he would consult with the Town’s Attorney. Langenberg amended her motion. Wurm said he wants to do it by the book. Langenberg asked if the review could be conducted annually. Cerny responded that it is not automatic. Moved by Langenberg seconded by Gerard Hruska Langenberg to approve a request for a Conditional Use for a 2 -family dwelling status for 4138 Fischer Road (Parcel #SC -313) Robert Wurm, applicant, with the conditions that the Brown County Health Services inspect the property, a well test be conducted to ensure water quality, the septic system be reviewed by the Brown County Zoning Department, and that proper insurance and all Town permitting requirements be verified. He suggested these reviews take place during the change of ownership. Motion Carried. Yes-Langenberg, Janquart, Hruska; No-Van Lanen, Lemoine. Motion Carried. Cerny stated that the hearing would take place on November 11 at 5 p.m., prior to the Town Board meeting which meets at 5:30 p.m. The Town Board would be the approving authority on the request. 4. Communications. Cerny said the next meeting for Plan Commission is scheduled for Thursday, November 20, 2025 at 5 p.m., where the Commission would discuss the comprehensive plan. Cerny wanted to make sure there was a quorum. Hruska said would not be present. Van Lanen requested that it would take place on November 13. Cerny said he would ask with Bay Lake Regional Planning Commission, that would be at the meeting for a presentation. Lemoine said she would not be available on November 20. Van Lanen said he would likely be not available. Cerny said he would ask Bay Lake Regional Planning Commission is available on November 13 and e-mail the Commission about the next meeting date. Langenberg brought up information regarding the comprehensive plan. She shared that she recently attended a Town Associations Convention, and learned one town placed solar panels on their border to prevent the city from annexing them. Van Lanen said it is different as it is a private property. 5. Schedule next meeting. The next meeting is to be determined. 6. Adjourn. MOTION Janquart, seconded by Van Lanen to adjourn. Vote: Aye-5. No-0.Motion Carried. Meeting Adjourned at 5:49 p.m. Respectfully submitted, Jaime Fuge, Clerk/Treasurer, Town of Scott Jaime M. Fuge