Planning & Zoning Commission - Revised Agenda — Agenda packet

JOINT PLANNING & ZONING COMMISSION AND TOWN BOARD MEETING May 6, 2026, 5:30 PM 820 E. Main Street, Eagle WI 53119 Agenda 1. Call to Order, Pledge of Allegiance 2. Roll Call 3. Minutes – Plan Commission consideration/approval of March 4, 2026, meeting minutes 4. Minutes – Town Board consideration/approval of March 4, 2026, meeting minutes 5. Public Comments - Please be advised per Section 19.84(2) Wis. Stats., information will be received from the public on only the items listed on the agenda. This public comment session shall last no longer than 15 minutes and individual presentations are limited to three minutes per speaker. There may be limited discussion on the information received, however, no action will be taken under public comment . 6. Consideration of Certified Survey Map to subdivide an approximately 373-acre lot with frontage on CTH N. Tax Key EGLT 1757.999. Gordon Erikson (owner). Richard Rohloff (Applicant); Application 2026-13. Additional details are available online: https://s.zoninghub.com/ME6W35G510 A. Review Discussion B. Consideration and possible action of waivers (Town Board only) C. Plan Commission recommendation to Town Board D. Town Board action 7. Consideration of Developer’s Agreement for Long Meadows Subdivision. Tax Key EGLT 1779.999.001. Bielinski Homes (owner). A. Review Discussion B. Plan Commission recommendation to Town Board C. Town Board action 8. Discussion regarding potential Town Land Use Plan amendments 9. Miscellaneous updates A. Violation updates B. Town Chairperson updates 10. Recommendation for future agendas (no packet materials) 11. Next meeting date: anticipated June 3, 2026 12. Adjournment by Planning and Zoning Commission 13. Adjournment by Town Board Posted by Town Clerk on ______________________ Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Town of Eagle at 262-594-5800. Copies of the agenda and packet materials may be obtained before the start of the meeting by contacting the Town Hall at (262) 594-5800 during regular office hours. TOWN OF EAGLE PLANNING & ZONING COMMISSION HELD JOINTLY WITH THE TOWN BOARD March 4, 2026, 5:30PM Unapproved Minutes Joint Public Hearing by the Town of Eagle Planning & Zoning Commission, Town of Eagle Board, and a Staff Representative of the Waukesha County Department of Parks and Land Use - Planning and Zoning Division to consider the rezoning request (RZ172) of Wendy Konichek (applicant), for property owned by Norman B. and Linda L. Konichek Joint Revocable Living [Trust], to amend the District Zoning Map of the Waukesha County Shoreland Protection Ordinance from the A-T Agricultural Transition District to the A-5 Mini Farm District to create an approximately 6.6 acre lot for single family residential use. The County Environmental Corridor Overlay District and the Town of Eagle Rural Residential District will not be affected. The subject property is described as part of the SW ¼ and SE ¼ of Section 25, T5N, R17E, Town of Eagle. More specifically, the property is located at S101 W34628 CTH LO (Tax Key No. EGLT 1827.999). Joint public hearing to consider the Conditional Use request (CU142) of Wendy Konichek (applicant), for property owned by Norman B. and Linda L. Konichek Joint Revocable Living [Trust] for a commercial horse boarding operation. The subject property is described as part of the SW ¼ and SE ¼ of Section 25, T5N, R17E, Town of Eagle. More specifically, the property is located at S101 W34628 CTH LO (Tax Key No. EGLT 1827.999). The public hearing for the rezoning request was opened at 5:30pm. Town Planner Heermans summarized the application. The applicant is in attendance. No input was received from the public. The public hearing for rezoning was closed and the public hearing for the conditional use was opened at 5:34pm. Planner Heermans gave a summary. There was no input from the public. The public hearing for the conditional use was closed at 5:36pm. Chairperson Mommaerts called the meeting to order at 5:36pm and led with the Pledge of Allegiance. R. Kugel, C. Mommaerts, R. Hajewski, D. Knauer, D. Domagalski, T. Samuels, and M. Bendler were present. Also in attendance were Planners Jacob Heermans and Kassie Slotty. D. Radtke arrived at 5:47pm. Consideration and Approval of Minutes: Plan Commission motion by Knauer, seconded by Kugel to approve the meeting minutes of February 4, 2026, as presented. Motion carried (5-0). Town Board motion by Knauer, seconded by Domagalski to approve the meeting minutes of February 4, 2026, as presented. Motion carried (5-0). Mommaerts opened the floor for public comments. There were no comments from the public. Consideration of Certified Survey Map to subdivide a 6.6-acre lot from the parent parcel with frontage on CTH LO. Tax Key EGLT 1827.999. Norman and Linda Konichek Revocable Trust (owners). Wendy Konichek (Applicant) Application 2026-09. Plan Commission motion by Knauer to recommend to the Town Board conditional approval of the Certified Survey Map for Application 2026-09 subject to the conditions and revisions in the staff report and subject to any waivers requested by the Town Board. Second by Kugel. Motion carried (5-0). Town Board motion by Knauer to approve the recommendation of Planning and Zoning for the conditional approval of the Certified Survey Map for Application 2026-09 subject to the conditions and revisions in the staff report and subject to any waivers requested by the Town Board. Second by Hajewski. Motion carried (5-0). Consideration of a zoning amendment for a proposed 6.6-acre parcel from the A-T Agricultural Transition District to the A-5 Mini Farm District. Tax Key EGLT 1827.999. Norman and Linda Konichek Revocable Trust (owners). Wendy Konichek (Applicant) Application 2026-10. . Plan Commission motion by Knauer to recommend to the Town Board to recommend to the County the approval of Application 2026-10 to rezone from the A-T Agricultural Transition District to the A-5 Mini Farm District. Second by Kugel. Motion carried (5-0). Town Board motion by Knauer to recommend to the County the approval of Application 2026-10 to rezone from the A-T Agricultural Transition District to the A-5 Mini Farm District. Seconded by Domagalski. Motion carried (5-0). Consideration of Certified Survey Map to subdivide a 25.1-acre lot from the parent parcel with frontage on CTH E. Tax Key EGLT 1827.999. Norman and Linda Konichek Revocable Trust (owners). Wendy Konichek (Applicant) Application 2026-08. Plan Commission motion by Knauer to recommend to the Town Board conditional approval of the Certified Survey Map for Application 2026-08 subject to the conditions and revisions in the staff report and subject to any waivers requested by the Town Board. Second by Kugel. Motion carried (5-0). Town Board motion by Knauer to approve the recommendation of Planning and Zoning for the conditional approval of the Certified Survey Map for Application 2026-08 subject to the conditions and revisions in the staff report and subject to any waivers requested by the Town Board. Second by Domagalski. Motion carried (5-0). Conditional Use request to approve a commercial horse boarding operation known as Horse Power Healing Center on property located at S101W34628 CTH LO. Tax Key EGLT 1827.999. Norman and Linda Konichek Revocable Trust (owners). Wendy Konichek (Applicant) Application 2026-06. Site Plan/Plan of Operation to approve a commercial horse boarding operation known as Horse Power Healing Center on property located at S101W34628 CTH LO. Tax Key EGLT 1827.999. Norman and Linda Konichek Revocable Trust (owners). Wendy Konichek (Applicant) Application 2026-07. It was noted that Jericho Creek Farm is included in the application. Plan Commission motion by Knauer to recommend to the Town Board the approval of the Conditional Use in Application 2026-06 and the Site Plan/Plan of Operation Application 2026-07 to continue to operate a commercial horse boarding facility subject to the conditions listed in the staff report with the hours of operation being 6am to 9:00pm. Second by Kugel. Motion carried (6-0). Town Board motion by Knauer to approve the Conditional Use in Application 2026-06 and the Site Plan/Plan of Operation Application 2026-07 to continue to operate a commercial horse boarding facility subject to the conditions listed in the staff report with the hours of operation being 6am to 9:00pm. Second by Hajewski. Motion carried (5-0). Consideration of Certified Survey Map to modify lot lines between parcels which are under common ownership. Tax Key EGLT 1729.994.001. John Herbst (owner). Application 2026-04. Plan Commission motion by Knauer to recommend to the Town Board the conditional approval of the Certified Survey Map presented in Application 2026-04 subject to the conditions and modifications provided in the staff report and subject to a waiver by the Town Board for the conceptual CSM. Second by Kugel. Motion carried (6-0). Town Board motion by Knauer to give conditional approval of the Certified Survey Map presented in Application 2026- 04 subject to the conditions and modifications provided in the staff report and subject to a waiver by the Town Board for the conceptual CSM. Second by Domagalski. Motion carried (5-0). Amendment to a previously approved Special Exception request on behalf of William Dingel (owner), for an addition to an existing accessory building at W372 S9944 S.T.H. 67. Appl 2026-05. Plan Commission motion by Knauer to recommend to the Town Board to approve the 2000 square foot addition to the Dingel nonconforming existing accessory building constructed in front of the residence as requested in Application 2026- 05. Second by Kugel. Motion carried (6-0). Town Board motion by Hajewski to accept the recommendation. Second by Domagalski. Motion carried (5-0). Violation updates: Planner Heermans and Planner Slotty reported on code violations in the Town. Chairperson Updates: Mommaerts reported nothing appears to be happening the schoolhouse at Wilton and 59 and is concerned about vandalism. More research is needed. Next meeting: Wednesday April 1, 2026, at 5:30PM if needed. * Plan Commission motion to adjourn was made by Samuels and seconded by Kugel. All in favor. Plan Commission adjourned at 6:27pm. Town Board motion to adjourn was made by Hajewski and seconded by Domagalski. All in favor. Town Board adjourned at 6:27pm. Respectfully submitted, Mercia Christian, Clerk *The April 1 meeting was later cancelled as there were no applications. Date: May 6, 2026 To: Town of Eagle Plan Commission and Town Board From: Kassie Slotty, Assistant Town Planner Subject: Three (3) Lot Certified Survey Map (CSM) and any necessary waivers Application: 2026-13, https://s.zoninghub.com/ME6W35G510 Location: EGLT 1757.999, located in Section 8 Owner/Applicant: Gordon C Erikson Revocable Trust (Owner) Richard Rohloff, Atty Oliver Gibson (Applicants) Date of CSM: March 23, 2026 The subject property is an approximately 373-acre parcel which has frontage on and is bisected by CTH N. The Scuppernong River flows along the southeastern portion of the property. A large portion of the property falls within the County Shoreland jurisdiction as it is within 300’ of the river or within the extent of the mapped floodplain. The state-owned Scuppernong Prairie State Natural Area is to the south of the subject property and the Kettle Moraine Low Prairie, is to the east. Large agricultural parcels are located to the west and north. The property contains environmental features (wetlands, floodplain, PEC) and tillable acreage. An unnamed stream runs along the western edge of the mapped wetlands and floodplain boundary. Because of this, the shoreland zoning may be under-mapped as the extent of shoreland zoning is 300’ from rivers or streams or 1000’ from lakes or ponds. Further to the west of the stream are existing improvements, which include a residence and several agricultural outbuildings. The petitioner is recently deceased, and the estate is handling the land division. The estate is proposing to subdivide the parcel into three (3) lots: Lot 1 as approximately 209 acres, Lot 2 as approximately 98 acres, and Lot 3, containing the homestead, as approximately 58 acres. The property is zoned AP Agricultural Land Preservation and is originally part of an approximately 380-acre farm tract, which allows for a maximum of ten (10) dwelling units when consideration is given to the 35-acre density provisions of the AP District. As there is one (1) existing homestead, nine (9) density credits remain. The attorney for the estate informed staff that the nine (9) remaining density credits will be allotted to Lot 3. At this time, both Lots 1 and 2 will remain in agricultural use or as conservancy lands. A Deed Restriction will be required to memorialize the remaining density credits. In 2010, a Conditional Use was approved for a DNR Scuppernong River restoration project and more recently, the owner was issued a Change in Topography permit for the placement of spoils from a pond dredge. The AP District requires a minimum of 35 acres and 600’ in average width. It should be noted that new lots less than 35 acres are not permitted within the AP district. If a new residence is proposed, the land must first be rezoned to the R-1 Residential District where farm or non-farm residences are a permitted use. Any such future land divisions and rezoning would require analysis of the Town’s lot siting standards for land to be rezoned from AP to R-1. The Waukesha County Park and Open Space Plan designates the state as having acquisition interest in these lands. The DNR has indicated that a lack of state funding prohibits them from being able to pursue land acquisitions at this time. Potential Waivers 1. The Town Board may move to waive the requirement to consider a Conceptual CSM and the requirement to survey the remnant lands. 2. Per the Town’s Land Division ordinance, side lot lines shall be at right angles to straight street lines on which the lots face unless a waiver is granted by the Town. 3. Lands drained by farm drainage tile or farm ditch systems shall not be divided or developed into buildings sites to be served by onsite soil absorption sewage disposal systems unless a waiver is granted by the Town. Staff Recommendation Based upon the above information, staff recommends conditional approval of the Certified Survey Map, subject to the following conditions and modifications being made to a revised Certified Survey Map and subject to any waivers requested being approved by the Town Board. Specific Conditions: 1. Subject to the petitioner obtaining Town Engineer approval of the Final CSM. All conditions of the Town Engineer shall be complied with. The Town Engineer was contacted on 4/3/26 and 4/16/26 and staff has not received comment at this time. 2. All easements, such as proposed or existing drainage ways, access, utility easements shall be shown on the CSM. Any related recorded document numbers shall also be noted on the CSM. 3. The vicinity map of the area must be moved from Sheet 8 to Sheet 1 of the CSM. 4. The right -of-way dedication must be reflected on the face of the Certified Survey Map in addition to Sheet 4. 5. The lot sizes of Lots 1, 2, and 3 shall be shown on Sheet 1 in addition to Sheets 3, 4, and 5. 6. Once the land division is recorded, nine (9) density rights will remain for the farm tracking unit. A deed restriction shall be prepared, reviewed, and approved by the Town Planner and the Waukesha County Planning & Zoning Division staff prior to its recording in the Waukesha County Register of Deeds Office. The deed restriction shall state which parcels will retain the nine density rights. The potential location of the future housing units shall be discussed with Town and County Planning staff to ensure that the lot siting standards of the ordinances can be complied with in the future. The restriction shall further stipulate that Lots 1 and 2 may only be used for agricultural or natural resource purposes including agricultural outbuildings unless a rezone is approved. The restriction shall be filed in the Register of Deeds Office concurrently with the recordation of the CSM. 7. A note shall be added to the face of the CSM that states, “Lots 1, 2, and 3 are subject to a deed restriction that discloses the remaining density available to the original Farm Tracking Unit.” 8. A note shall be placed on the CSM that states that no residences can be constructed on Lots 1 and 2 until building sites are rezoned in accordance with the Town of Eagle Zoning Code and Waukesha County Shoreland Protection Ordinance, if applicable. 9. Any known drain tile shall be identified on the CSM or a note placed on the CSM, saying none was found/present. 10. The applicant shall contact the County Department of Public Works regarding access to CTH N. Please contact Jason Mayer at 262-548-7749. 11. A note must be added to the CSM stating that soil tests and a sanitary permit will need to be submitted to the Waukesha County Environmental Health Division prior to any additional septic systems being placed on the property. 12. A basement statement (see below) must be added to the CSM putting future owners on notice that additional soil tests will be required to demonstrate a one -foot separation between basement floor elevations and estimated seasonal high groundwater. BASEMENT RESTRICTION – GROUNDWATER This Certified Survey Map is located in an area with mapped soils known to have seasonal high groundwater. The Waukesha County Shoreland Protection Ordinance/ZC currently requires that the lowest level of any residence must be at an elevation that is at least one (1) foot higher than the highest seasonal groundwater level, unless a variance from that requirement is obtained from the Waukesha County Board of Adjustment. Therefore, additional soil testing in the vicinity of any proposed residence (or addition) will be required to ensure compliance with this requirement. If the requirement regarding vertical separation distance from the highest seasonal groundwater level is modified by a future amendment to the Waukesha County Shoreland Protection Ordinance/ZC, the requirement at the time of construction shall apply. All groundwater separation requirements set forth by the Town of Eagle must also be complied with. 13. The owners must apply with the Environmental Health Division of the Waukesha County Department of Parks and Land Use for a Preliminary Site Evaluation (PSE) of the existing septic system on Lot 3. If a problem with the septic system on Lot 3 is discovered as a result of the PSE, the problem must be resolved or a Sanitary Permit issued for a new septic system, prior to the Director affixing his signature to the Final Certified Survey Map. 14. A note shall be added to the CSM that states the following, “The floodplain is Zone A, without a base flood elevation (BFE ), based on FEMA FIRM Map No. 55133C0270H, revised on October 19, 2023. 15. It shall be referenced on Sheet 1 of the Certified Survey Map that those areas within the Primary Environmental Corridor, Wetland, and 100-Year Floodplain are subject to the Primary Environmental Corridor/Wetland/Floodplain Preservation Restrictions noted on Sheet ____, as enclosed. 16. The following note shall be placed on the Certified Survey Map: “The floodplain, wetland, and PEC boundaries shown on this Certified Survey Map are approximate boundaries taken from the Waukesha County GIS Mapping Site. If a future building/structure is p roposed to be constructed in close proximity to the floodplain, wetland, or PEC, it may be necessary for the floodplain, wetland, or PEC boundaries to be field delineated. ” 17. Please note the Town and County zoning districts on the face of the CSM (Town: AP Agricultural Land Preservation; County: FLC Farmland Conservancy, GFP General Floodplain, EC Environmental Corridor Overlay, C-1 Conservancy Overlay (wetland)). The required offsets and setbacks shall be shown on Lots 1 and 2. Please add a note that states, “The zoning districts, setbacks and offsets identified herein are subject to change based on the provisions of Town of Eagle Zoning Code (Chapter 500), Waukesha County Shoreland Protection Ordinance and Waukesha County Floodland Ordinance.” 18. If there is an outstanding mortgage on the property, a Signature Certificate for the mortgage holder must be added to the Certified Survey Map. General Conditions 19. Staff and Governmental Approval. Prior to the Town signing the final CSM, the commencement of any construction or any improvement, whether public or private, or any site development, the Developer shall satisfy all comments, conditions and concerns of the Town Planner, the Town Engineer, and all reviewing, objecting and approving bodies, including, but not limited to, the State of Wisconsin Department of Commerce per Chapter 236, Wisconsin Statutes and Chapter COMM 85, Wisconsin Administrative Code; State of Wisconsin Department of Administration per Chapter 236, Wisconsin Statutes; the Waukesha County Department of Parks and Land Use (including the Planning and Zoning Division, Parks System Division, Land Resources Division, and Environmental Health Division) and the Waukesha County Department of Public Works; as applicable, in regard to the Conveyance, and obtaining all necessary permits and approvals, prior to commencing construction of any improvement, whether public or private, or site development or recordation of the conveyance, whichever is earlier. 20. Professional Fees. The Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of professional services incurred by the Town (including engineering, legal, planning, and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions of this review due to a violation of these conditions. 21. Payment of Charges. Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators, or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this review that is subject to all remedies available to the Town, including possible cause for termination of the conveyance. 22. Surveyor’s responsibility. Although the Town of Eagle has reviewed the subdivision certified survey map, the surveyor is entirely responsible for the thoroughness and accuracy of the survey and related matter and compliance with all state and local codes, ordinances, and procedures. Modifications to the survey may be required should errors or changed conditions be found at a future date. Attachments: Exhibit A – CSM 3/23/26 cc: Oliver Gibson, Atty., John Kannard, Town Engineer, County EHD, Kaylin Helm, DNR N:\PRKANDLU\Planning and Zoning\Community Assistance\T EAGLE\STAFF REPORTS AND PROJECTS\2026\2026-13 Erikson CSM\CSM Staff Report 5 6 26.docx FLOODPLAIN/WETLAND/PRIMARY ENVIRONMENTAL CORRIDOR RESTRICTIONS Those areas identified as a Floodplain/Wetland/Primary Environmental Corridor Preservation Area on Page X of X of this Certified Survey Map shall be subject to the following restrictions: 1. Grading, filling and removal of topsoil or other earthen materials are prohibited, unless specifically authorized by the Town of Eagle and the Waukesha County Department of Parks and Land Use, and, if applicable, the Wisconsin Department of Natural Resources and the Army Corps of Engineers. 2. The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., is prohibited, with the exception that invasive, dead, diseased, or dying vegetation may be removed, at the discretion of the landowner, and with approval from the Waukesha County Department of Parks and Land Use-Planning and Zoning Division. Silvicultural thinning, upon the recommendation of a forester or naturalist and with approval from the Town of Eagle Planner and the Waukesha County Department of Parks and Land Use - Planning and Zoning Division, shall also be permitted. 3. Grazing by domesticated animals, i.e., horses, cows, etc., is prohibited, unless grazing is conducted in order to manage invasive vegetation and approval is obtained from the Town of Eagle Planner and the Waukesha County Department of Parks and Land Use-Planning and Zoning Division. 4. The introduction of plant material not indigenous to the existing environment is prohibited. 5. Ponds are prohibited unless designed to enhance the natural environment. Ponds that may be permitted are subject to the approval of the Town of Eagle in which they are located and, if applicable, the Waukesha County Department of Parks and Land Use, the Wisconsin Department of Natural Resources and the Army Corps of Engineers. 6. The construction of buildings is prohibited. MEMORANDUM To: Owners of property being considered for land use plan category changes From: Jason Fruth, Town of Eagle Planning Staff Date: April 16, 2026 Re: Proposed Town Land Use Plan Amendments This past year, the Town of Eagle convened a committee to examine the town’s existing land use plan map. State law requires that community land use plans be updated periodically. In addition, the town has recently experienced the loss of some land via recent annexations. The committee reviewed plan designations for a number of properties and ultimately made recommendations to amend the future land use classification of several properties. One or more of the parcels being considered for a land use category change is in your ownership. The enclosed map shows the location of the properties being considered for change and the existing and proposed land use plan categories for those lands. The committee gave particular focus to properties that abut the Village s of Eagle and North Prairie to ensure that the town plan provides for reasonable use of properties adjacent to more densely developed village territory. The town will discuss the proposed amendments at the May 6, 2026 Plan Commission/Board meeting. No action will be taken at this meeting. A public hearing for any changes will likely be held in the month of June or July. Notice will be given to the owners of any property where a chan ge is being proposed prior to the hearing date. If you have any questions or comments regarding the proposed amendments, please feel free to contact Town of Eagle Planning staff at (262)548 -7817 or you may attend the May 6, 2026 meeting to share your thoughts. The meeting will be held at 5:30 p.m. at the Eagle Town Hall located at 820 E. Main St. Enclosure: Draft Plan amendment map exhibit Page 1 of 5 PENDING EAGLE ZONING VIOLATIONS TOWN AND COUNTY VIOLATIONS This list is for informational purposes only and no discussion or action will be taken on these matters. Italics indicates new information since last update. TOWN VIOLATIONS Tom Reynolds, S70W35196 TOWNSHIP ROAD X 8/21/24: RL conducted site visit from the road. Met with CM and SJ to discuss the history of the property and next steps. It was identified that the building permit had expired. Violations appear to include, at a minimum, business without permits (commercial greenhouse/food processing), disrepair of building (greenhouse) and expired permits. SJ stated that he will try to make contact with the owner first. 9/24/24: It was relayed to RL that at least two attempts have been made by SJ to contact the owner by site inspection. RL will consult with Town Atty to discuss next steps. 11/7/24: Met SJ and owner on property. Owner gave a tour and explained the farming operation (Alchemy Acres). it runs like a co-op where people come and pick up their order or they will deliver it. It's all local people. He grows and sells, fresh produce and modifies some of it by fermenting it. He creates dried herbs and juices produce. He does not participate in any markets. He does not sell mead and understood he was denied that permit. He does have agricultural equipment lying around the property (soil steamer, pallets, wheelbarrows). He was in the middle of siding the addition and there were construction materials that needed to be cleaned up. Has chickens and 4 hoop houses near the house, + approximately 10 hoop houses out in the field. He is there on T/R/S and some Sundays. Typically, no one there on M/W/F. When asked about mowing around the fields, he indicated that it would disrupt the habitat of inspects that would turn to feeding on the crops. Chickens on site. Was willing to put up vegetative screening around the property near the roads but wants to make sure it's beneficial to his operation. The property is currently being transferred to an LLC where it will be employee-owned. 11/21/24 RL spoke with WC Environmental Health Division (EHD). They are trying to contact the owner to better understand what types of products are being made. No licensing has been given. RL needs to review ordinance and provide owner with what options might be available. May need to involved Town Atty. 1/10/25 Reviewed zoning code for possible options for owner. Can apply for a Greenhouse CU and can continue to grow produce on site. However, there does not appear to be a path in the code to support accessory agricultural uses such a production of teas, juices, herbs, etc. Junk, debris, general yard property maintenance must be explored by the Building Inspector. 1/27/2025 RL has received information from EHD that they do not appear to have enough proof to post a Cease and Desist order, but will be sending a letter reminding property owner of proper permitting. RL and EHD are drafting separate letters regarding the applicable violations to achieve voluntary compliance. 2/21/25 No update. Early March 2025: Environmental Health Division send letter to property owner notifying him that food processing without proper food grade protection or proper state and local licensing is a violation of state codes. 4/7/25 Planner notified of someone living in a camper on site. 4/16/25 Planner drove by property. Camper had been removed. Some building materials removed. Approximately 20 greenhouses present. 6/6/25 Letter with attachment of code references and application sent to property owner via mail and email, requesting the property be brought into compliance with town ordinances, including the property maintenance code and the zoning code. Applications were requested by July 1 and permission to re-inspect the property was requested to be granted by June 25, 2025. 6/26/25 Staff received an email from the property owner regarding the letter noted above. 10/23/25 Staff met with Mr. Reynold’s on his Road X property, but was not given permission to inspect. Inspected property from the driveway, ROW, and neighboring property and observed sheep. 11/5/25 Joint meeting held at the Town Hall to discuss the violation with Mr. Reynolds and to hear neighbor concerns. 11/17/25 Town BI inspected Mr. Reynold’s property. Structure which lacks an active Building Permit has been improved, however, no progress has been made on the remainder of the property/violations. Page 2 of 5 11/19/25 Conference call with Planner, Town Chair and Waukesha County Planning Manager to discuss strategy. Planner will send a letter prior to end of the week clearly outlining the violations and establishing a short window in which to gain compliance. Failure to do so will result in citations and likely a lawsuit. 12/8/25 Violation letter drafted. Staff is seeking input from Environmental Health on additional violations. 12/15/25 Meeting with Waukesha County Environmental Health staff to discuss violation and possible health code violations. 12/18/25 A violation letter was sent to the property owner establishing a January 5, 2026, deadline for compliance. 1/5/26 Property owner responded to violation letter, refuting that the property is in violation. 1/7/26 Discussed the violation at the joint meeting of the Planning and Zoning Commission and Town Board. Town Board will discuss before bringing it back for action in February. 2/4/26 Anticipated Town Board Action 2/27/26 Staff met with legal counsel and is continuing to collect information and formulate next steps. 4/22/26 Staff is determining how to move forward with issuing citations and will reach out to the town and town atty when ready to issue. (Pending, JH/KS) COUNTY VIOLATIONS Jeffrey and Heather Sorenson, W345 S10503 CTH E Constructed a fence within the shore setback area 10/28/24 Complaint received about a fence that had been constructed around the property within the shore setback area. 11/19/24 Need to contact property owner(s) to schedule a site inspection. 12/10/24 Contacted owners to schedule an inspection. 1/28/25 No response from owners. Need to follow up to schedule inspection and/or require removal. 02/07/25 Violation reassigned to AT. Request to Inspect letter sent 02/10/25. 02/18/25 Owner (Heather Sorensen) called AT and stated fence was placed as a way to prevent neighbor's dog from crossing into property (dog had previously bit their child). Wants to know what can be done to keep the fence. Other neighbors are their cousins and they love having the fence. Was not aware a fence required a permit. AT will conduct site visit on 02/25/25. 02/25/25 Site visit showed white fence along southern lot line. Property also had sections of black metal "decorative" fencing (mostly along the southeast property line near retaining wall), more panels of this fencing are stacked off to one side. Tall black fence along SW corner of home (not permitted in the 2021 addition ZP). Currently reviewing the approved landscaping plan to confirm compliance with replanting requirements.. Will need to send follow up letter. 04/10/25 Violation compliance letter sent. Deadline to remove all fencing w/in 75 feet of shore is May 22nd. Will need to conduct site visit after deadline to confirm continued compliance. 05/27/25 Site visit scheduled for 05/29/25 06/09/25 Neighbor emailed POD that owner has told other residents that he is not going to take the fence down because it is for his children's safety. He started to do the removal and then stopped and plans to put it back up. “Is safety a reason he can put the fence back up?" I informed neighbor that I will be onsite this week and if they put the fence back up after my visit, she should contact me. 06/11/25 Site visit showed panels have been removed from fence along lot line (panels are laying in a pile along the shore) but posts are still present. Tall black fence by SW corner of house is still present. Owner would like to keep this fence and some black fencing along the steep retaining walls as his son is autistic and doesn't have any safety awareness so they are concerned he would fall down the steep retaining walls. 06/11/25 Spoke with supervisors. Will conduct another site visit to ensure the posts have been removed and will advise owner that a variance is needed to retain the black fencing near the retaining walls since it is within 75' of the OHWM. 06/30/25 Neighbor emailed photos. Stated that "The plan for the neighbors appears to be that they will leave in the posts and lean the fencing against it. I'm guessing they feel it is then no longer a permanent structure and rules don't apply to it. He has recently installed solar lights on the top of each post, so I assume he is keeping them in long term. It both looks horrible, and has to be a technicality for leaving it Page 3 of 5 in place. I can try to take more pictures if you need them. It is difficult to see how he has leaned the fencing slats against the post, but easy to see in person. " 07/10/25 Compliance letter sent. They will have until July 25th to remove remaining post and fencing or will need to apply for a variance by that deadline to keep any of the fencing (even around the retaining walls) 07/21/25 Spoke w/ Jeff Sorensen as he left a call w/ POD that he wanted to talk with me. I told him I can email the variance application. Said that he would need to provide proof of hardship that is not personal in nature. He said that of course this is personal and that he's trying to keep his kids safe. I gave him an example that say you had more kids than the number of bedrooms available that is a personal consideration. He understood what I meant but was not happy about it. Emailed his wife the application and reminded them of the July 25th deadline to apply by. 07/28/25 No application for variance received on or before July 25th. Will conduct site visit to find out if fencing is still present. 08/04/25 Called owner, they said application was coming via certified mail. 08/07/25 Application arrived, AT received application and routed to admin for processing. 11/20/25 Variance went before County BOA in October. Requested tabled, as owners were not in attendance and neighbor raised concerns which need to be addressed by the owners. BOA likely to take action at the January meeting. 12/22/25 Item will be on the January BOA agenda for action. 1/14/26 Variance request approved by the County BOA. Owners need to submit a survey showing the location of the fence and record a Deed Restriction prior to Zoning Permit issuance. A violation letter will be sent establishing deadlines for compliance. 2/18/26 Violation letter sent. Deadline for ZP appl and deed restriction is March 18th 2026. 04/07/26 The 3/18 deadline has passed and no application has been received by PZD. JH suggested calling or emailing to make contact and follow up with a formal letter if there is no reply. 04/09/26 Staff sent an email to the owners following up on permit requirements. 04/22/26 No reply received. Will send formal letter (Pending, AT) Rachel and Jeff Schaefer, S101W34695 CTH LO; Junk, work w/o permits, structure in disrepair 8/5/2021: Received complaint regarding junk, work without permits and residence/fence in disrepair. After multiple attempts, our office was unable to inspect the property. Summer 2023: Owner contacted the office in summer of 2023 for a zoning permit. Our office 10/23/23: County sent a letter that stated the following: Listing photos revealed miscellaneous junk was present and viewable to the present. Owner was made aware of the active violation on the property. He granted our office permission to inspect over the phone. 6/2/23: A site inspection was conducted, revealing land altering activities with new basement construction. In addition, multiple items regulated as junk including an unlicensed boat, inoperable boat trailer, broken hot tub, construction materials, buckets and other miscellaneous items were observed. The owners had deadlines of 6/23/23 to submit a zoning permit application and 7/10/23 to remove junk from the property. 10/16/23: Another site inspection was conducted which revealed little progress had been made and a majority of the junk and miscellaneous materials remained on-site and visible. No zoning permit application had been received at that time either. Deadlines of 11/6/23 and 11/27/23 were given to apply for a ZP and remove the junk-type items, respectively. Note: the staff person involved soon after left the county and the violation was reassigned. April 2024: Citations were issued 5/6/24. The owner was scheduled a court date of 6/5/24 and failed to show. Corp Counsel stated that she waits a month and if the owners do not contact them to reopen the case, it is closed out after a month. Corp Counsel suggested that a follow-up letter be written. 9/26/24 Staff working with Corp Counsel to get clarity on next steps. 11/15/24 A violation letter was sent to the subject property on 11/15/24. It appears a previous employee was able to contact the owner using that address (I have been using the mailing address on file with tax listing). The owner was given a deadline of 12/2/24 to submit a zoning permit and minor grading permit application and remove junk-type items from the property. No further extensions will be granted; Page 4 of 5 additional citations will be immediately issued if the permits are not applied for and/or the property is not in compliance with the Ordinance. 12/4/24 Owner applied and paid for an ATF zoning permit for the replacement/repair of the residence’s foundation. There is a discrepancy between the survey we have on file and GIS. It appears some of the lots in this subdivision were redescribed in 1978 (?). Tax listing is looking into the discrepancy and we have not heard back. 1/27/25 Emailed Tax Listing for a second time to obtain information on the right of way discrepancy. Another attempt with be made. KSF 3/30/25: Emailed tax listing for a third time to obtain information on the right of way discrepancy. No response. 4/1/25 Called owner and left a voicemail stating that I would conduct a site inspection in the near future. 4/10/25 Conducted site inspection which revealed miscellaneous junk and construction materials were still present on the property in addition to a vehicle that is not registered. Items that were present include: buckets, bricks, miscellaneous wooden items, ladders, a cement mixer, a trailer, tree stumps, a refrigerator, plywood, a fish tank, and a large pile of decorative stones. I did not walk the entire property. 4/11/25 A violation letter was sent, with a deadline of 5/30 to bring property into compliance. 4/22/25 Received call from owner stating the tires have been placed on the trailer and he will need to call a junk removal company for the refrigerator. The septic system was pumped on 4/18 and the PSE was issued. 4/24/25 Zoning Permit E24:019 was issued and a new deadline of 6/30 was granted to remove the remaining items. 5/28/25 The owner has until 6/30 to remove the remaining items (junk, construction materials, etc.). A site inspection will be conducted on or shortly after that deadline. 6/20/25 No update as deadline is still pending. 7/28/25 Site inspection conducted, which revealed minimal progress. The refrigerator is gone and all the vehicles are registered. The deadline to complete the basement and remove the construction materials is October 24. The owner stated he would start getting rid of junk items on and near back porch. 11/20/25 Jeff called a couple weeks ago and staff has been playing phone tag. Staff will try to contact him again and schedule a site inspection. 12/26/25 No update; staff will attempt to contact owner. 1/28/26: Spoke with owner regarding progress on junk cleanup and basement construction. He said he is still working on the basement; has a couple footings and a beam. He stated the yard is “pretty well cleaned up”, that some of the remaining items will go into the basement when it’s done. We agreed that he has until the zoning permit expires (10/16/26) to complete the basement, but I will follow up in June to check progress. Will send a follow up letter with a June deadline to clean up property. 2/27/26 Follow-up violation letter pending review by supervisor. 3/4/26 Violation letter sent to owner stating deadline to complete the basement and remove junk items from property is 10/16/26. (Pending, KS) Bernard and Clara Erdmann, W345S10433 WAMBOLD RD Construction/remodel of structure located within floodplain and not conforming to offset. 6/3/25 Complaint received about construction/remodel of structure located within floodplain and not conforming to offset. 06/14/25 Violation reassigned from Ken Smith to Anna Tuinstra. 6/20/2025 Violation letter mailed. 06/27/25 Daughter of owner called. Said their dad (the owner) had extended the roof line in 2017 and also added boards to the back for their pontoon boat to be protected. This past year their nephews put boards on the sides of it to protect it from leaves. There is also a fence along the back wall (SW side) that "may or may not be on the lot line". Their neighbor had given them a "warning" that any further improvements to the structure she would report it as a violation because they did not have any permits and the structure is in the floodplain. They describe the structure as a "boat shelter". They are willing to comply with our requirements. Depending on the improvements an ATF ZP may be needed. 07/16/25 Site visit w/ EG and son of homeowner. Said the fence used to be wire and the neighbor's tree fell on it. They replaced the fence with wood instead of the wire because the wood fence blocks the leaves from coming into the boat storage area. The "carport"/boat storage area has strange internal retaining walls Page 5 of 5 that apparently the owner cut away some of the space to make it more level? The fencing does fit better with the adjacent buildings than the existing wire fence. The neighbor has been cleaning up her property so the white fence is possibly more visible to them compared to the wire fence but it all has been existing on the property since maybe the 80s? 07/21/25 Discussed VL w/ JH. We need proof that the overhang and walls of the "boat shelter" have been present for more than 10 years. Otherwise they will need to remove it or apply for ATF variance. 08/15/25 Deadline to remove is moved to September 15th as owner of property is in the hospital. 11/20/25 Structure has been removed, per violator. Need to verify via site visit. 12/26/25 Inspection still needs to be completed, as assigned staff has been out on medical leave. Plan to inspect in early January for compliance. 1/28/26 Site visit completed on 1/26/26 showed walls are removed but overhang is still present and pontoon boat is located under the structure. Could not tell if fencing was present or not. Will send follow up email to check in on what a good timeline would be for them. Google search showed the owner of the property died in October so I will email the daughter with condolences and next steps to return property to compliance. Email sent 01/27/26 01/28/26 Phone call with daughter (now owner of property along with her siblings). Said they left the minimum amount there to cover the boat. Informed them it is still a structure and will need to be removed. Deadline moved to March 31st for removal of structure due to scheduling constraints of owner and weather. 03/11/26 Julie (current owner) contacted AT to ask if deadline for structure removal can be moved to May given the weather changes this time of year. Discussed with Jake, and the deadline is moved to May 1st. (Pending, AT) Patrick Schreiber, W345 S10483 CTH E Storage of construction equipment, business materials and a junk boat 12/5/25 Complaint received with photos showing construction equipment. 12/26/25 Violation letter sent to property owner. 1/28/26 Spoke on the phone with owner, he explained both boats that are on the property are operable boats. He sells Bobcats for a living, so he has a branded truck and a trailer. He said the Kubota and backhoe are no longer on the property; said they were there because he did some work (will get clarification at site visit). He is not currently living there but will be in the future. He wants to be present for the inspection, and we are planning it for the week of 2/1 2/4/26 Staff met with Mr. Schreiber on the property. The Kabota and backhoe were not present. The two boats are operable; one has an active license with the DNR and one has an expired license. There are 2 trucks on the property that are operable. Mr. Schreiber is seeking clarification about what can be stored on the property once he is actively living there; he may have a trailer or equipment with him from work but it will not be permanently stored on the property. He said he did some vegetation removal to clean up the lakefront/dam parcel. He does not have a garage but is interested in building one in the back of the house. 2/27/26 Violation letter pending review by supervisor stating proof of registration for the boat and vehicle without a sticker and license, remove what appears to be an uncovered carport, and a vegetation removal plan of work that had been completed. Deadlines to be determined. 04/20/26 - A deadline was set for March 20th and the applicant did not respond. A new deadline has been set for May 1st, for the applicant to provide proof of registration for the unlicensed boat/vehicle, removal of carport, and details of any vegetation removal that took place on the site. (Pending, EG) NOTES: This list of zoning violations in the Town of Eagle are pending with the Town of Eagle and/or with Waukesha County PZD. The list is provided to the Town each month at the request of the Town Plan Commission. N:\PRKANDLU\Planning and Zoning \Community Assistance \T EAGLE \Violations\TOWN OF EAGLE ZONING VIOLATIONS PENDING WITH WC AND TOWN.docx Revised 4/22/26 KS