Planning & Zoning / Town Board — Agenda packet

JOINT PLANNING & ZONING COMMISSION AND TOWN BOARD MEETING February 4, 2026, 5:30 PM 820 E. Main Street, Eagle WI 53119 Agenda NOTICE IS HEREBY GIVEN that a Joint Public Hearing will be held by the Town of Eagle Planning & Zoning Commission, Town Board and a Staff Representative of the Waukesha County Department of Parks and Land Use - Planning and Zoning Division on Wednesday, February 4, 2026 at 5:30 p.m. at the Eagle Town Hall, 8 20 E. Main Street, Eagle, Wisconsin 53119, to consider the Conditional Use request (CU140) of Lisa Love to amend the existing Conditional Use for a horse boarding and training facility known as At Liber ty Equestrian Center. The applicant proposes to increase the number of horses from fifteen (15) to twenty (20) and would like to offer small classes/clinics. The subject property is described as Lot 1, Certified Survey Map No. 9498, part of the SE ¼ of Section 1, T5N, R17E, Town of Eagle. More specifically, the property is located at S70 W34138 Road X (Tax Key No. EGLT 1732.994.001). Additional details are available online: https://s.zoninghub.com/BNSRF8HCKJ 1. Call to Order, Pledge of Allegiance 2. Roll Call 3. Minutes – Plan Commission consideration/approval of January 7, 2026, meeting minutes 4. Minutes – Town Board consideration/approval of January 7, 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. Conditional Use request to approve operational changes to At Liberty Equestrian Center on property located at S70W34138 Road X. Tax Key EGLT 1732.994.001. Lisa Love (owner). Appl 2026 -02, Additional details are available online: https://s.zoninghub.com/BNSRF8HCKJ A. Review and Discussion B. Plan Commission recommendation to Town Board C. Town Board action 7. Site Plan/Plan of Operation to approve operational changes to At Liberty Equestrian Center on property located at S70W34138 Road X. Tax Key EGLT 1732.994.001. Lisa Love (owner). Appl 2026-03, Additional details are available online: https://s.zoninghub.com/I65QSMSC4H A. Review and Discussion B. Plan Commission recommendation to Town Board C. Town Board action 8. Periodic review of conditional use for hobby kennel for up to 8 dogs located at S108W39555 Oregon Trail (EGLT 1852.016); Richard Novak (owner). Application 2026-01. Additional information is available online: https://s.zoninghub.com/243I5ZCGQ7 A. Discussion B. Plan Commission recommendation to Town Board C. Town Board action 9. Convene into closed session under Wis. Stats. § 19.85(1)(g), for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, specifically to consult with the Town Attorney on code violation issues and enforcement thereof involving property owned by Tom Reynolds located at S70W35196 Township Road X. 10. Reconvene into Open Session pursuant to Wis. Stat. 19.85(2) for possible additional discussion and/or action concerning any matter discussed in closed session. 11. Miscellaneous Updates A. Violation updates B. Town Chairperson updates 12. Recommendation for future agendas (no packet materials) 13. Next meeting date: anticipated March 4, 2026 14. Adjournment by Planning and Zoning Commission 15. Discussion/action on TEAM Committee 16. 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 January 7, 2026, 5:30PM Unapproved Minutes Chairperson Mommaerts called the meeting to order at 5:30pm and led with the Pledge of Allegiance. R. Kugel, C. Mommaerts, R. Hajewski, D. Knauer, D. Domagalski, D. Radtke, T. Samuels, and M. Bendler were present. Also in attendance was Town Planner Jacob Heermans and Waukesha County Zoning Manager Jason Fruth. Consideration and Approval of Minutes: Plan Commission motion by Kugel, seconded by Samuels to approve the meeting minutes of December 3, 2025, as presented. Motion carried (7-0, Knauer abstained). Town Board motion by Domagalski, seconded by Kugel to approve the meeting minutes of December 3, 2025, as presented. Motion carried (4-0, Knauer abstained). Mommaerts opened the floor for public comments. There were no comments from the public. Site Plan/Plan of Operation for a 9,000 sq. ft. addition on the north side of the UPI Manufacturing building at S87W35670 Godfrey Ln. Tax Key 1818.999.053. Dretzka Investments, LLC (owner), UPI Manufacturing (applicant) Application 2025-25. Planner Heermans gave a summary. The applicant is proposing a 9000 square foot addition to the north side of the building for the continued assembly and shipping of armored vehicle parts. There is sufficient parking for the expected 18 additional employees. No additional impervious surface will be created. There will be downcast shielded lighting. Plan Commission recommendation to the Town Board by Knauer to allow conditional approval of the Site Plan/Plan of Operation to construct the proposed addition on the north side of the existing building at S87W35670 Godfrey Lane subject to the conditions listed in the staff report dated January 7, 2026. Samuels seconded the recommendation. Motion carried (8-0). Town Board motion by Knauer, to accept the recommendation of the Plan Commission to allow conditional approval of the Site Plan/Plan of Operation to construct the proposed addition on the north side of the existing building at S87W35670 Godfrey Lane subject to the conditions listed in the staff report dated January 7, 2026. Second by Hajewski. Motion carried (5-0). Site Plan/Plan of Operation for a new 3,200 sq. ft. building at S90W35680 CTH NN. Tax Key 1818.999.003. Chapman Oil, Inc (owner), Robert Chapman (applicant) Application 2025-24 It was noted that the name of the owner was incorrectly listed on tonight’s agenda. Heermans gave the highlights of the staff report. The petitioner is proposing to construct a 3200 square foot metal Cleary Building north of the existing multi-tenant building. It will house a taxidermy business. The overhead door that faces Godfrey Lane will need to be approved by the Town Board. A lighting plan needs to be addressed with the applicant. Plan Commission motion by Samuels to conditionally approve the Site Plan/Plan of Operation for the construction of the new building subject to all the conditions that are listed and that the exterior lighting plan would be reviewed and approved by the Planner and the Building Inspector. Second by Bendler. Motion carried (8-0). Town Board motion by Kugel to accept the Plan Commission recommendation. Second by Domagalski. Motion carried (4-0, Hajewski abstained.) It was noted that the Town Board discussed and are in approval of the overhead door facing Godfrey Lane as long as it remains closed when not entering or exiting. Review of the number of accessory buildings allowed on a property at W377S10480 Betts Rd which is within the County’s Shoreland Jurisdiction. Tax Key 1858.999.005. Doug and Linda Varrelmann (owners) Application 2025-26 The petitioners are proposing to construct a 10’x16’ shed for personal storage in addition to the existing accessory buildings and are seeking Plan Commission approval for a total of three accessory structures. Plan Commission motion by Kugel to approve the request for a third accessory building subject to the conditions in Application 2025-06. Second by Knauer. Motion carried (8-0). Violation updates: Planner Heermans reported on code violations in the Town. Chairperson Updates: Mommaerts has nothing to report at this time. Future agenda items: No recommendations were made. Next meeting: Wednesday February 4, 2026, at 5:30PM to be held jointly with the Town Board Motion to adjourn Planning and Zoning made by Samuels, seconded by Knauer. All in favor. Planning and Zoning adjourned at 6:23pm. Motion to adjourn Town Board made by Hajewski, seconded by Domagalski. All in favor. Town Board adjourned at 6:23pm. Respectfully submitted, Mercia Christian, Clerk STAFF REPORT AND RECOMMENDATION CONDITIONAL USE AND SITE PLAN/PLAN OF OPERATION Date: February 4, 2026 To: Planning and Zoning Commission and Town Board Name of Operation: At Liberty Equestrian Center, LLC Owner/Applicant: Lisa Love Location: S70W34138 Township Road X, Tax Key No. EGLT 1732.994.001 Jurisdiction: The western half of the property is located within the town’s zoning jurisdiction and the eastern half of the property is within the county’s shoreland zoning jurisdiction. Zoning Classification: RR Rural Residential (Town), A-5 Mini-Farm (County) Existing Use: Single family residential and commercial horse boarding operation Proposed Use: Amendments to the existing Conditional Use and Site Plan/Plan of Operation to allow an increase in the permitted number of horses (15 to 20), and to allow for small events and clinics to take place. No changes to the site are proposed. Application(s): 2026-02 Conditional Use-https://s.zoninghub.com/BNSRF8HCKJ 2026-03 Site Plan/Plan of Operation-https://s.zoninghub.com/I65QSMSC4H Consistency with Comprehensive Plan: Pursuant to Section 66.1001(2m)(b), Wis. Stats., a conditional use permit that may be issued by a political subdivision and does not need to be consistent with the political subdivision’s comprehensive plan. Public Notice: A public notice was published in West Now on January 21, 2026, and January 28, 2026. Public Hearing Date: February 4, 2026 Public Comments received by the town: None as of January 26, 2026. Conditional Use and Development Standards—Commercial Stable A Commercial Stable is described as follows: A place where horses, donkeys, and other similar domesticated animals are kept for boarding, instructional purposes, or for hire on trail rides. Vehicle Parking: 1 space for every 4 stable stalls Supplemental Standards: (a) Minimum lot area. The minimum lot size for a commercial stable is 5 acres. (b) Buildings. Nonresidential buildings and other structures, such as barns, stables, riding arenas, and sheds, necessary for the operation are allowed subject to all other requirements of this chapter. (c) Location of new buildings. A building that houses livestock shall not be located within a floodplain or closer Page 2 than 50 feet to any lot line. (d) Manure management. As part of the building, site, and operation plan review process, the handling and disposal of animal waste generated by a commercial stable shall be addressed. (e) Number of animals. The number of animals shall not exceed one head of livestock for each acre. (f) Special events. Special events related to a commercial stable, such as horse shows, exhibitions, and contests may be held, provided such events are specifically allowed by town ordinance. (g) Special provisions in AP district. When located in the AP zoning district, a commercial stable shall also comply with the requirements set forth in s. 91.01(1), Wis. Stats. This provision is not applicable as the subject property is zoned RR Rural Residential. (h) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to oth er existing and potential land uses. (i) Application fee. This use is classified as a Type 2 conditional use in the fee schedule. Staff Analysis The approximately 25.7-acre property is on the eastern edge of the Town of Eagle, with approximately 860’ of frontage on the north side of Town Road X. The property contains a single-family residence, an approximately 2,400 SF barn that is not included in the horse boarding operation, and an approximately 8,160 SF pole building which provides ten (10) indoor stables and an indoor riding arena. A site ma p showing the existing improvements is attached as Exhibit A. The subject parcel, as well as the adjacent twenty -three (23) acre parcel to the east were created via Conditional Rezone SZT-1409 in conjunction with Certified Survey Map (CSM) No. 9498. The County Board approved the rezone from the AP Agricultural Preservation District to the RRE-1 Rural Residential Estate District (RR Rural Residential) for the subject property and the adjacent property to the east on August 28, 2001. In addition to the vacant property to the east, other surrounding parcels are larger agricultural and/or conservancy parcels. The eastern half of the property is within Waukesha County’s Shoreland jurisdiction due to the proximity to Jericho Creek. The nearest neighboring residence is located approximately 1,300’ to the southwest from the stables and the site is screened by vegetation from neighboring parcels. A Conditional Use and Site Plan/Plan of Operation for a commercial horse boarding facility was approved in 2018. The permit allowed up to15 horses in both indoor and outdoor enclosures and permitted a new 8,160 SF pole barn which provides an indoor riding arena and ten (10) stables. The issued Conditional Use permit did not allow special events or classes. The petitioner is proposing to amend the Conditional Use permit to increase the number of horses from 15 to 20 and to allow for small events/clinics t o be held as part of the operation. The Town Code permits one (1) head of livestock per acre; therefore, no more than twenty-five (25) horses are permitted on the subject property. The additional five (5) horses will be kept in areas already housing horses. Up to five (5) additional horses could be added under the Town’s livestock rules, allowing for a maximum of twenty-five (25) horses. The petitioner is proposing no more than four (4) horse training clinics per year, each to last no more than 4 days, and she does not anticipate more than 18 participants at any one time. All participants are currently boarding their horses on the subject property, so no additional horses or trailers will be on -site during the clinics. A restroom for the class participants is located within the pole barn. A nutrient management plan is on file with the Waukesha County Land Resources Division. The petitioner has a dumpster onsite for manure, which is regularly hauled off, as well. Waukesha County Land Resources has relayed that the existing nutrient management plan is sufficient for the additional horses. The petitioner states no signage, operational, or site changes are proposed. There is existing fencing surrounding the pastures and room for 20 parking spaces, including one (1) van accessible parking space located between the existing residence and riding area/stable. The operation has two (2) part-time staff members, and the hours of operation will remain seven days a week from 7:00 a.m. to 8:00 p.m. with the owner or a staff member on-site 24 hours per day, every day. The petitioner states there is ample room in the parking area found on Exhibit A for all participants during the clinics. Performance Standards: Performance standards relating to the following are included in Article 7: control of odors; control of fire and explosive hazards; glare, heat and external lighting; water quality; noise; vibration; and traffic impact. It is anticipated that the proposed uses will comply with the performance standards. Decision Criteria: The Town Plan Commission and Town Board must consider whether the proposal complies with: 1. The special requirements for certain land uses in the AP district (500.226) (not applicable) Page 3 2. Each of the special conditions of approval under 500.227, which includes hours of operation, buffering, maximum floor area, maximum number of patrons, uses within buildings, number and location of entrances, outdoor activities, outdoor storage, take-out food service, delivery services and signage. 3. Each of the performance standards in Article 7 (noted above) 4. Each of the development standards prescribed for the requested conditional use (noted above) 5. All other applicable sections of the zoning code 6. All other application sections of the municipal code The recommendation of the Plan Commission and the decision by the Town Board must be based on substantial evidence. Staff Recommendation: Staff recommends conditional approval of the Conditional Use and Site Plan/Plan of Operation to continue to operate a commercial horse boarding facility and to allow for no more than 25 horses and for four (4) small events/clinics to take place per year, subject to the following conditions: 1. A Conditional Use Order documenting the decision made by the Town Board after recommendation from the Plan Commission and in accordance with Section 500.228 of the Town Municipal Code shall be signed and notarized by the property owner and shall be recorde d in the Waukesha County Register of Deeds by the property owner or the Town Clerk within six months from the date of this decision. If the conditional use order is not recorded within the specified time frame, the Conditional Use is considered null and vo id unless a time extension is granted by the Town Board with just cause. 2. The property owner and operator are authorized to continue a commercial stable pursuant to the Town’s zoning code along with those residential uses authorized by the zoning regulations applicable to the zoning district in which the subject property is located. As part of the commercial stable operation, lessons fo r boarded horses may be conducted on a daily basis. 3. The following conditions shall be satisfied prior to the issuance of the conditional use permit: a. The petitioner shall submit a site plan the Town Plan Commission for review and obtain approval of the same within 9 months of the date of this decision. Said plan must also be approved by Waukesha County. The site plan is intended to depict all existing and proposed improvements to the subject property as authorized by this conditional use order. This condition has been met. b. The property owner and the operator are required to accept the terms and conditions of this conditional use order in its entirety in writing, and provide said documentation to the Waukesha County Planning and Zoning Division. If the aforementioned do not s ign this instrument and return it to the Town Clerk within 2 months of approval, this order is null and void. Prior to such expiration, the property owner and/or operator may request an extension to this time period and the Town Board may approve an extension with good cause. c. The Conditional Use order shall be recorded against the subject property in the Waukesha County Register of Deeds office (only if the above conditions have been satisfied). 4. The following conditions shall constitute an ongoing obligation: d. The existing barn shall not be used for the commercial stable operation, except for storage of feed. e. The use of the subject property shall be used consistent with this order, the approved site plan, the approved plan of operation, and any other required plan. f. The maximum number of livestock that may be kept on the subject property is twenty-five(25) unless otherwise restricted by the Waukesha County Shoreland and Floodland Protection Ordinances or by the Waukesha County Department of Parks and Land Use - Land Resources Division because of the manure management limitations. This number includes live stock Page 4 specifically related to the stable and all other livestock otherwise allowed by the zoning regulations. g. The stable may be open every day, from 7:00 am to 8:00 pm for horse boarders. h. No more than four (4) horse training clinics are permitted per calendar year. Each horse training clinic shall be no longer than four (4) days and must take place between the permitted hours of operation (7:00 a.m.-8:00 p.m.). i. Ample parking shall be provided for each horse training clinic. j. The petitioner shall provide and maintain sanitation, with a hand -washing station, to serve the authorized use. k. Outside storage for items specifically related to the stable operation is only permitted in those areas depicted on the approved Site Plan/Plan of Operation, with a maximum of 5 horse trailers, including any trailers that belong to the property owner. l. The property owner must at all times be in compliance with all applicable laws, rules, regulations or orders, and ordinances of the federal government, State of Wisconsin, Waukesha County, and Town of Eagle. This includes any conditions and/or requirement s of the State Approved Building Plans for the barn, any conditions and/or requirements of the Town of Eagle Building Inspector and local Fire Chief. m. No property boundary line of the subject property shall be modified by any means without the approval of the Town Board and/or Waukesha County. If the Town Board and/or Waukesha County determines that a proposed boundary line relocation is a substantial ch ange, with regard to the overall size of the parcel and/or configuration, the property owner shall submit a new conditional use application to the town and obtain approval of same under the requirements in effect at the time of application. n. Parking related to this use shall only occur in those areas designated for parking on the approved site plan. o. There will be no special events related to the commercial stable ; the clinics are not considered special events. p. The operator shall maintain registration with the Wisconsin Department of Financial Institutions. 5. The conditional use hereby authorized shall be confined to the subject property without extension or expansion. Any expansion or change in use shall require issuance of a new conditional use permit pursuant to the requirements in effect at the time of application. 6. The Town Board may recommend termination and Waukesha County may terminate this conditional use order and any permit issued under such order following referral to the Plan Commission for recommendation and public hearing when (i) the use does not comply wi th each and every requirement of this approval; (ii) there is a change in the character of the surrounding area or of the use itself causing the use to be no longer compatible with the surrounding area, or for similar cause based upon considerations of public health, safety or welfare; or (iii) the use is abandoned in any manner for more than 24 months. The property owner may submit a written petition to the Town and the Waukesha County Planning and Zoning Division requesting termination of this approval without the need for a public hearing. 7. The property owner and operator shall allow Waukesha County and Town of Eagle staff, officials, and other authorized agents to inspect the premises indoors and outside, at any reasonable time and for any proper purpose related to the use as authorized herein with reasonable notice provided. 8. This approval is given under the Town of Eagle’s zoning code and Waukesha County Shoreland and Page 5 Floodland Protection Ordinances and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants. 9. This order shall not be deemed to constitute a building permit, nor shall this permit constitute any other license or permit required by Town Ordinance or other local, state, or federal law. 10. This order is null and void if the property owner/operator does not commence the establishment of the authorized use within 9 months of approval and continue in good faith to completion. Prior to such expiration, the property owner/operator may request an extension and the Town Board may approve an extension with good cause. 11. Should any paragraph or phrase of this conditional use order be determined by a court to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use permit and the remainder shall continue in full force and effect. 12. Any violation of this conditional use order or any conditional use permit issued under this order may be treated as a violation of the zoning code and/or the Waukesha County Shoreland and Floodland Protection Ordinances. Each day of each violation of each condition herein shall be treated as a separate violation. In addition to the other remedies available, the Town of Eagle and Waukesha County retain the right to correct the violation and the expense to correct a violation will be paid by the property ow ner as set forth in the ordinances from the Town and County. 13. An approved Site Plan / Plan of Operation (SPPO) must be on file at all times with the Town and Waukesha County Planning and Zoning Division. The SPPO shall include, but not be limited to the following plans and information: • A driveway/parking plan, showing proposed customer vehicle and trailer parking. • A detailed exterior lighting plan, showing the location and type of all on site lighting. • A signage plan (if applicable). • Plan showing any trash or dumpster enclosures. • Plan showing portable restroom/handwash area. • Number of employees. • Hours of operation The petitioners shall be entitled to amend or change any plan contemplated herein subject to the aforementioned conditions and subject to the approval of the Town Board (or its designee) and Waukesha County Planning and Zoning Division Staff, and without a public hearing, if such amendment and/or change is not a substantial change from the original plan as approved and as allowed herein. Any amendment or change in any plan contemplated herein that the Town Board (or its designee) and Waukesha County Planning and Zoning Division Staff view in their discretion to be a substantial change will require a new or modified CUP and all procedures in place at the time must be followed. 14. The existing residence on the property shall be occupied only by the owner of the property or an employee of the horse boarding facility and their immediate family. 15. If the approved NMP involves the spreading of manure on the subject property then fence posts shall be installed at the lot corners near the manure spreading area to ensure the manure is remaining on the subject property. The fence posts shall be installed prior to the issuance of the Conditional Use Permit. 16. All activities on the subject property herein shall not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor, taking into consideration and with the understanding that certain uses are allowed with the approval of the Conditional Use Permit and Site Plan/Plan of Operation. 17. All outdoor lighting shall be for security and wayfinding purposes only and shall not cast fugitive light that Page 6 would adversely affect adjacent properties. 18. The owner of the property shall be responsible for containing all horses on the property. 19. There shall be no use of a public address system, loudspeakers, or other amplified sound system at any time. 20. The owner of the property shall be responsible for installing and maintaining fencing adequate to contain the horses on the property. Any fencing that has deteriorated or is no longer standing shall be repaired, replaced or removed. Please note a Fence Permit from the Town of Eagle may be required prior to repairs or replacement. 21. Adequate public restrooms shall be provided in accordance with the Wisconsin Administrative Code. The Waukesha County Environmental Health Division has advised that portable restrooms are acceptable. 22. The Conditional Use Permit cannot be transferred to any future owner and/or lessee, without formal approval from the Town Board (or its designee) and the Waukesha County Department of Parks and Land Use - Planning and Zoning Division Staff, which can occur without the necessity of a public hearing. 23. Additional horse stalls may be added within the existing buildings, following the issuance of a Zoning Permit from the Waukesha County Department of Parks and Land Use and a Building Permit from the Town of Eagle, without the necessity of an additional amendment to the Conditional Use/Plan of Operation Permit. Any expansion of the existing buildings to accommodate additional stalls or the construction of an additional stable building will require an amendment to the Conditional Use/Plan of Operation Permit. Any increase in the number of stalls must comply with the 15 animal maximum, as specified in Condition #4. 24. The Town Board (or its designee) and the Waukesha County Park and Planning Commission reserve the right to review any condition imposed as part of this Conditional Use, if said use becomes a problem in the area. The Town Board (or its designee) and the Waukesha County Park and Planning Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and ensure it does not become detrimental to the surrounding area without the necessity of having a public hearing. Any major change, as determined by the Town Board (or its designee) and the Waukesha County Department of Parks and Land Use - Planning and Zoning Division Staff, shall follow the Conditional Use procedure as set forth in the Waukesha County Zoning Ordinance. 25. Subject to the Town of Eagle’s Standard Conditional Use and Site Plan/Plan of Operation conditions which are as follows: A. Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to the classification of use, the question shall be submitted to the Town Plan Commission for determination. B. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, o rder, or rule of either the municipal governing body, the County of Waukesha, the State of Wisconsin, the United States of America, or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a zoning or building permit, nor shall this order constitute any other license or permit required by Town ordinance or other law. C. This conditional use hereby authorized shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Plan Commission as being in compliance with all pertinent ordinances. D. All buildings and grounds shall be maintained in a neat, attractive and orderly way. Page 7 E. The property shall comply with all rules and regulations of the Town and the local fire department, including submission to routine inspections by the town staff and fire department staff. F. Prior to the execution of the conditional use permit, the applicant must obtain any and all approvals that must be obtained before the use may be established or the commencement of any land disturbing activity related to the approved conditional use. G. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to the town, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welf are, the conditional use may be terminated by action of the plan commission pursuant to the enforcement provisions of this Conditional Use Order, and all applicable ordinances. H. Any substantial change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises (including but not limited to any change to the boundary limits of the subject property), structures, lands, or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. I. Unless this Conditional Use Permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended upon the prior approval of the Plan Commission if the Plan Commission finds the plan amendment to be minor and consistent with the Conditional Use Permit. Any change in any plan that the Town Plan Commission feels, in their sole discretion, to be substantial, shall require a new permit, and all procedures in place at the time must be followed. J. As a condition precedent to the issuance of the conditional use permit, the owner of the subject property shall approve the issuance of this conditional use permit upon the terms and conditions described here in writing, and the petitioner is required to a ccept the terms and conditions of the same in its entirety in writing. K. Professional Fees . The petitioner shall, on demand, reimburse the Town of Eagle for all costs and expenses of any type that the Town incurs in connection with this conditional use, including the cost of professional services incurred by the Town (including engineering, leg al, 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 in this conditional approval due to a violation of these conditions. L. Payment of Charges. Any unpaid bills owed to the Town of Eagle by the subject property owner or his or her tenants, operators or occupants, or agents, 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 30 days of the billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval. M. The Petitioner is obligated to file with the Municipal Clerk a current mailing address and a current phone number at which the Petitioner can be reached, which must be continually updated by the Petitioner if such contact information should change, for the duration of this Conditional Use Permit. If the Petitioner fails to maintain such current contact information, the Petitioner thereby automatically waives notice of any proceedings that may be commenced under this conditional permit, including proceedings to terminate this Conditional Use Permit. N. Should any paragraph or phrase of this Conditional Use Permit be determined by a Court to be Page 8 unlawful, illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. O. If any aspect of this Conditional Use Permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive p rovision shall be controlling as determined by the Town Plan Commission. P. If the property owner/operator is a business entity, such as a limited liability company or a corporation, such entity shall for the life of the conditional use continuously maintain a registered office in the state of Wisconsin as evidenced by registration with the Wisconsin Department of Financial institutions. Q. The property owner shall not change the size and/or shape of the subject property by any means without the approval of the town board. If the town board determines that a proposed change is substantial regarding the overall size of the parcel and/or config uration, such change shall require issuance of a new conditional use approval pursuant to the requirements in effect at the time of application. R. This approval is given under the town’s zoning code and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants. S. If this conditional use terminates for any reason, the property owner is obligated to remove any improvements specifically related to the conditional use and which cannot be utilized for an approved use (i.e. A use permitted by right or a different conditi onal use approval). T. The property owner/operator agrees to allow on-site inspections, upon request, as deemed necessary by the town to ensure compliance with the terms and conditions of approval. U. The property owner/operator agrees to promptly reply to any written request related to a self - certification process as may be established with the town. The owner/applicant currently uses the property for a commercial horse boarding operation. The proposed increase to the number of horses permitted and the addition of four (4) annual horse training clinics will provide the owner with the ability to continue using the property as permitted. With the recommended conditions, the proposal meets the standards of the Commercial Stable Conditional Use. As conditioned, the proposal will also comply with all other provisions of the municipal code. The approval will allow an existing business the opportunity to expand and meets the intent of the ordinance. Kassie Slotty Assistant Town Planner Attachments Exhibit A – Site Plan N:\PRKANDLU\Planning and Zoning\Community Assistance\T EAGLE\STAFF REPORTS AND PROJECTS\2026\2026-02 Love CU Amendment\Love Horse Boarding Staff Report.docx Date: February 4, 2026 To: Town of Eagle Plan Commission and Town Board From: Jacob Heermans, Town Planner Subject: Periodic review of a conditional use for a hobby kennel located at S108W39555 Oregon Trail (EGLT 1852.016), Richard Novak, applicant Application: 2026-01; https://s.zoninghub.com/243I5ZCGQ7 In 2019, the Town Board approved a Hobby Kennel Conditional Use to keep up to eight (8) golden retrievers on the property noted above subject to various terms and conditions. One condition requires periodic reviews. In 2023 the Board moved to review the Conditional Use every three years, rather than every year as had previously been done, given that no complaints had been received. The Town Clerk noted that no complaints regarding the Hobby Kennel operation have been received since the last review in 2023. The applicant has indicated that the number of dogs residing on the property has decreased from eight (8) to seven (7) and that the number will continue to decrease over time as the dogs age. During the meeting, the petitioner will be able to address the Plan Commission to verify that all terms of the approval are currently being satisfied. The Conditional Use Order is attached as Exhibit A. Potential Plan Commission motion: Recommend to the Town Board the extension of the approval for an additional three (3) year term (2029) based on the representations made by the petitioner at the meeting. Enclosure: Exhibit A – CU Order 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 (Pending, JH) 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 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. " Page 3 of 5 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. (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; 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 Page 4 of 5 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. (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 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. Page 5 of 5 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 (Pending, AT) Patrick Schreiber, W345 S10483 CTH E Storgage 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 (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 1/28/26 JH