Planning & Zoning / Town Board — Agenda packet

Town of Eagle · Waukesha County · Planning & Zoning / Town Board · meeting of Dec 3, 2025 · Agenda packets

Open the original document More from Town of Eagle

Text

Extracted automatically from the original. Tables and formatting may not survive; the original document is authoritative.

JOINT PLANNING & ZONING COMMISSION AND TOWN BOARD MEETING December 3, 2025, 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, December 3, 2025 at 5:30 p.m. at the Eagle Town Hall, 820 E. Main Street, Eagle, Wisconsin 53119, to consider amendments (RZ167) to the Town of Eagle Zoning Map. The map update incorporates modified floodplain boundaries that were adopted in 2024. The ove rall floodplain area within the town reduced in size with FEMA’s floodplain map update. Therefore, some of the lands formerly zoned by Waukesha County are now subject to the Town of Eagle Zoning Code. Affected properties are proposed to be zoned consiste nt with their current use. Most affected properties are state land which will be zoned P-1 Public. Many affected areas will remain zoned C-1 Conservancy District because the lands are wetlands. The draft map is available for viewing at www.waukeshacounty.gov/planningandzoning (Click Mapping Resources and then Draft Maps). 1. Call to Order, Pledge of Allegiance 2. Roll Call 3. Minutes – Consideration/approval of November 5, 2025, meeting minutes 4. 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. 5. Consideration of the zoning amendment to the Town of Eagle Zoning Map, incorporating modified floodplain boundaries that were adopted in 2024. Application 2025-23. Additional information can be found at: https://s.zoninghub.com/WX8C59XJ1D A. Review and Discussion B. Plan Commission recommendation to Town Board C. Town Board action 6. Change in Topography review for the placement of spoils resulting from a proposed wetland scrape project at W384S7460 CTH NN, Tax Key EGLT 1757.999. Gordon Erikson (owner). Application 2025-21. Additional information can be found at: https://s.zoninghub.com/ZUAEE148FO A. Review and Discussion B. Plan Commission recommendation to Town Board C. Town Board action 7. Consideration of Certified Survey Map to create three (3) residential parcels on the southeast corner of Wilton Rd and STH 67. Tax Keys EGLT 1768.998.018 and EGLT 1768.998.013. Steven and Tara Wilton (owners). Application 2025-19. Additional details can be found at: https://s.zoninghub.com/QJZ497Z3PD A. Review Discussion B. Consideration and possible action of waivers (Town Board only) C. Plan Commission recommendation to Town Board D. Town Board action 8. Periodic review of conditional use for hobby kennel for 9 dogs located at S105W375611 Estate Drive (EGLT 1857.008); Kallie Kestly and James Anderson (owners). Application 2025-22. Additional Details may be available online: https://s.zoninghub.com/FTZPAD29H4 A. Discussion B. Plan Commission recommendation to Town Board C. Town Board action 9. Business Park Detention Pond (Discussion only) 10. Miscellaneous Updates A. Violation updates B. Town Chairperson updates 11. Recommendation for future agendas (no packet materials) 12. Next meeting date: anticipated January 7, 2026 13. Adjournment by Planning and Zoning Commission 14. 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 November 5, 2025, 5:30PM Unapproved Minutes Chairperson Mommaerts called the meeting to order at 5:30pm and led with the Pledge of Allegiance. R. Kugel, D. Knauer, C. Mommaerts, R. Hajewski, D. Domagalski, D Radtke, T. Samuels, and M. Bendler were present. T. Betts was excused. Also present were Town Planner Jacob Heermans, Assistant Town Planner Kassie Slotty, and Attorney Remzy Bitar. Town Building Inspector Scott Johnson arrived at 6:05pm. Consideration and Approval of Minutes: Plan Commission motion by Knauer, seconded by Samuels to approve the meeting minutes of July 2, 2025, as presented. Motion carried (6-0). Town Board motion by Knauer, seconded by Kugel, to approve the meeting minutes of July 2, 2025, as presented. Motion carried (5-0). Mommaerts opened the floor for general public comments but stated residents here for agenda item 10 would be allowed to speak at that time. There were no general comments from the public. Land Use Committee Report: Committee Chair Domagalski reported the committee consisting of Tim Samuels, Diane Knauer, Ryan Hajewski, and himself met several times. The committee agreed that the entire land use map needed review, but the most urgent need was to protect the Town of Eagle borders from annexation. The group identified several properties that were discussed in detail. There were a lot of questions on the Land Use Plan; it was determined that the Town Planner should be involved at that point. Planner Heermans gave guidance that the map could be updated, and the text of the plan could be done separately. A public hearing would take place to adopt the map. Plan Commission motion by Samuels to recommend the Land Use Committee summary be approved and sent to the Town Board. Second by Bendler. Motion carried (6-0). Town Board motion by Kugel to send the committee summary to the county for mapping. Second by Domagalski. Motion carried (5-0). Business Park Retention Pond Discussion: Planner Heermans explained that normally retention ponds in larger developments are in a commonly held out-lot, with each person owning a fraction. This one is privately owned and developed. Some businesses in the park need to pay a fee unless they have their own retention pond. Items brought up were inspection of the pond, stormwater passing over town right- of-way, and parcel not being taxed as income property. Attorney Bitar suggested gathering as much data and documents as possible and then organizing a meeting with him. Next P & Z meeting date is Wednesday December 3 at 5:30pm. It will be held jointly with the Town Board. Adjournment by P & Z: Motion to adjourn Planning and Zoning made by Knauer and seconded by Samuels. All in favor. P & Z adjourned at 6:04pm. Town Board Updates and potential action on pending violations: Reynolds property located at S70W35196 Township Road X (EGLT1736998012) Mommaerts opened the floor to comments from the public. Neighbor Chuck Gray spoke that the problems have just gotten worse. The property is a mess and is not taken care of. Do not let it go any further; it needs to be resolved. Neighbor Cindy Kacala spoke, saying that if there are codes and rules, they need to be followed by everyone. Neighbor Eric Sturm spoke that he has nothing against Tom (Reynolds), but the Town needs to be held accountable for multiple code violations. Sturm would like to see a list of those violations. Planner Heermans then spoke that he, along with Assistant Planner Slotty and Building Inspector Johnson, met with Tom Reynolds at his property and were allowed a limited view. The former planner had sent a letter to Reynolds with a number of issues that dealt with the use of the property. DATCP and Waukesha County Department of Environmental Health were both involved at one point because a commercial kitchen is required for retail sales of mead. The property owner conveyed that he is not selling the mead. The complaints Heermans is hearing from the neighbors is that they are more concerned about the condition of the property. There are a number of hoop houses, and the yard is overgrown. Ordinance 02-07 deals with exterior and outdoor maintenance and Reynolds is in violation. The property is zoned Rural Residential so only two accessory structures and one shed less than 150 square feet are allowed. Looking at the aerial there are about 20 greenhouses. Another complaint received, which was confirmed, is that there are sheep. One head per acre would be allowed on the property. Reynolds confirmed he has 21. Neighboring residents need relief from what they are dealing with. The problems go back a number of years. Inspector Johnson added that a building permit was issued on December 20, 2022. It has expired. Supervisor Kugel asked how many citations have been issued. The answer was none. Tom Reynolds spoke that he thought the previous inspector had signed off on the permit; Scott Johnson met with him and went over a list of things that needed to be done. He has them almost to completion. Reynolds also stated he is not running a business; he is not selling things. He distributed a draft booklet describing what goes on there. Supervisor Knauer quoted from the book that there are employees, employees must work every quarter, and employees must accept pay. It also says that employees can buy products or receive products in lieu of wages. Reynolds said that he has a 501c3 Nonprofit Organization. He finds people who are ill and puts them on a 30/60/90-day diet with the goods that he makes. The service is provided at no cost. The meeting then returned to the topic of property maintenance and the number of sheep. Reynolds wants to challenge the number of sheep but was told he cannot; he needs to reduce the number of sheep to 8. Regarding the weeds, Reynolds claims that is an ecosystem, which he harvests to make food or mead. Planner Heermans stressed that the ordinance is clear that weeds or turf grass cannot exceed 12 inches. Mommaerts advised that if it is not cleaned up, the town can arrange to clean it up and charge for it. Reynolds stated he will run it by his attorney. Town Attorney Bitar spoke that enforcement options include issuing citations. A letter that was already sent stated he has until November 10th to get the property into compliance. Section 5 (Enforcement) and Section 6 (Penalties) of Ordinance 02-07 Regulate Residential Property Maintenance were read for clarification. The Town Board will meet again after the November 10th deadline. Hurley property located at W351S10436 Touhy Rd (EGLT1865986) Planner Heermans has received information that a resident on the island off of Touhy Road has a miniature horse on a parcel just over an acre in size. A minimum of three acres is required. Heermans also has documentation that there may be twelve or more dogs on the property. Correspondence took place that the property owner would comply but eventually did not. Therefore, citations were issued. The resident did not appear for a court appearance earlier today. Typically, compliance takes place after citations are issued but this is not the case. There has been some volatility making complainants hesitant to come forward. The parcel is in Waukesha County Shoreland Zoning. Their corporation counsel does not feel they have the authority to remove the horse at this time; they need to go through the legal process. Mommaerts and Heermans will reach out again. Adjournment by Town Board: Motion to adjourn Town Board made by Kugel, seconded by Hajewski. All in favor. Town Board adjourned at 7:11pm. Respectfully submitted, Mercia Christian, Clerk STATE OF WISCONSIN TOWN OF EAGLE WAUKESHA COUNTY ORDINANCE 2025-__ AN ORDINANCE TO AMEND THE TOWN OF EAGLE ZONING MAP - Draft December 3, 2025 - WHEREAS, the Town Board for the Town of Eagle adopted a zoning code for the Town of Eagle in 1990 and has amended it from time to time since then; and WHEREAS, the Federal Emergency Management Agency (FEMA) prepared new floodplain maps for the Town of Eagle and other parts of Waukesha County in 2023; and WHEREAS, Waukesha County adopted the new FEMA floodplain mapping into the Waukesha County Floodland Protection Ordinance and Zoning Map, effective October 19, 2023; and WHEREAS, the changes to FEMA floodplain boundaries resulted in changes to county and town’s zoning jurisdictional boundaries; and WHEREAS, former floodplain areas that are no longer subject to the County Shoreland Protection Ordinance and Floodland Protection Ordinance need to be incorporated into the town’s zoning map;; and WHEREAS, the town’s zoning map is proposed to be revised to update floodplain and other natural resource boundaries and to establish zoning designations for lands newly subject to the town’s zoning map ; and WHEREAS, the Town Clerk for the Town of Eagle has (1) referred the draft zoning map revisions to the Plan Commission, (2) notified the Waukesha County Park and Planning Commission of the proposed amendment, and (3) published a class II public hearing notice; and WHEREAS, the Plan Commission has conducted the necessary investigation, and scheduled a public hearing for the Plan Commission and the Town Board; and WHEREAS, upon due notice the Town Board and the Plan Commission conducted a joint public hearing on December 3, 2025; and WHEREAS, within a reasonable time after the hearing, the Plan Commission has reported its recommendation to the Town Board; and WHEREAS, the Town Board finds that the proposed zoning map revisions are consistent with the Town’s comprehensive plan recommendations; and WHEREAS, the Town Board for the Town of Eagle, after carefully reviewing the recommendation of the Plan Commission and having given the matter due consideration, having determined that all procedural requirements and notice requirements have been satisfied, and having based its determination on the effect of the adoption of the ordinance on the health, safety and welfare of the community and the preservation and enhancement of property values in the community, and having given due consideration to the municipal problems involved hereby determine that the ordinance amendment will serve the public health, safety and general welfare of the Town of Eagle, will enhance Ordinance 2025-__ Page 2 __________________________________ property values in the Town and will not be hazardous, harmful, noxious, offensive or a nuisance, and will not unduly limit or restrict the use of property in the Town or for any other reason cause a substantial adverse effect on the property values and general desirability of the Town. NOW, THEREFORE, the Town Board for the Town of Eagle, Waukesha County, does hereby ordain as follows: SECTION 1: ZONING MAP CHANGE. The Town Zoning Map is revised as set forth in Exhibit A, attached hereto. SECTION 2: CONDITIONS OF REZONING. The amendment of the zoning map of the Town of Eagle is conditioned on the approval of the Waukesha County Board of Supervisors within one year of the date of this decision. SECTION 3: CERTIFICATION. Upon certification by the Town Clerk that the aforementioned conditions have been satisfied, the Town Planner shall change the zoning classification of the affected properties on the Town of Eagle zoning map as indicated herein. SECTION 4. SUBMITTAL TO WAUKESHA COUNTY . The Town of Eagle Town Clerk is directed to a signed copy of this ordinance to Waukesha County for approval by the Waukesha County Board of Supervisors. SECTION 5. SEVERABILITY . Several sections this ordinance are declared to be severable and if any section or portion thereof shall be declared by a decision of the court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance which shall remain. The remainder of the ordinance shall remain in full force and effect and any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and posting or publication as provided by law subject to the conditions stated in Section 2, and this ordinance is null and void and the current zoning shall be in effect with no further notice if such conditions are not satisfied within one year of the date of this decision. Ordinance 2025-__ Page 3 __________________________________ Adopted this 3rd day of December 2025 TOWN OF EAGLE ____________________________________ Chris Mommaerts, Town Chairperson ATTEST: _________________________________________ Mercia Christian, Town Clerk Published and posted this ___ day of _________ 20 �� STAFF REPORT AND RECOMMENDATION CHANGE IN TOPOGRAPHY Date: December 3, 2025 To: Town of Eagle Plan Commission and Town Board Owner: Gordon Erikson Petitioner: Mark Steinfest – USDA/NRCA Location: W384S7460 CTH NN, Tax Key No. EGLT 1757.999 Jurisdiction: This property has split jurisdiction between the Town and County. Zoning Classification: Agricultural Land Preservation (AP), Conservancy (C-1), Upland Conservancy (UC) Existing Use: Agricultural Proposed Use: The petitioner is proposing to create two (2) shallow scrapes within a degraded wetland for enhancing wildlife habitat. Both scrapes will be ½ acre in size, having a maximum depth of 4 feet, and will have a 25-foot vegetated buffer around each scrape. Spoils material will be hauled out of the wetland and will be placed onto active cropland. Page 2 Application(s): 2025-21 Change in Topography - https://s.zoninghub.com/ZUAEE148FO Public notice. A Property Owner Notice was sent to properties within 300 ft. of the subject property. Staff Analysis The subject property is located along CTH NN, south of CTH ZZ and north of Wilton Rd. CTH NN actually bisects the property and all of the improvements are located on the east side of the road. The property is approximately 380 acres in size and is used for agricultural purposes. There is a large wetland complex on the east side of the property as well as several unnamed streams. The east portion of the property is also largely floodplain, and the County’s jurisdiction matches the floodplain boundary. The petitioner is proposing to create two (2) shallow scrapes within the mapped wetlands/floodplain for enhancing wildlife habitat. The wetland scrapes will be located within the County jurisdiction and requires a floodplain development permit from the County, which the petitioner has submitted for review and approval. The spoils resulting from the wetland scrape will be spread in the farmland to the west, adjacent to the wetland/floodplain. The Town of Eagle Zoning Code requires a Change in Topography permit for the following situations: (1) Increasing or decreasing existing ground surface elevation greater than 4 feet at any point where the top or bottom of the proposed slope is within 10 feet of any existing property boundary or within 50 feet of an environmental corridor (2) increasing or decreasing existing ground surface elevation steeper than 2 horizontal to 1 vertical or a total elevation change of 6 feet or greater at any point (3) modifying the existing ground surface by bringing in, removing, or moving within a site in quantities greater than 250 cubic yards, unless otherwise approved through a master grading plan (4) increasing or decreasing existing ground surface elevation greater than 4 feet at any point within 50 feet of a floodplain or wetland boundary at any point; Town of Eagle Municipal Code Chapter 500 Town Zoning 110 (5) ponds as denoted in the land-use matrix (Appendix A) (6) major retaining walls. The spoils from the wetland scrape will be approximately 5100 cubic yards of material, which triggers the need for a Change in Topography Permit. Spoils will be placed outside of the wetlands/floodplain, per the DNR requirements and will be a minimum of an 8:1 slope. Disturbed areas in the wetlands/floodplain will be seeded with annual ryegrass. Decision criteria: The Plan Commission and Town Board shall consider the following factors to the extent they apply to the petitioner's application: (1) the stability of the proposed slope (2) the aesthetic impact (3) the potential for adverse drainage (4) the potential impact upon neighboring properties (5) the potential impact upon environmentally sensitive areas (6) the potential impact upon existing lakes and streams (7) the potential impact on roadways and other infrastructure (8) public safety (9) the length, height, design, and location of any retaining walls or berms (10) whether a retaining wall is needed to stabilize the grade or control soil erosion based on existing topography (11) how the proposed activity fits with the master grading plan, if applicable (12) proposed landscaping and screening (13) the materials used and source for fill, landscaping, and retaining walls Page 3 (14) the amount of land disturbance in relation to the size of the subject property (15) proposed pond size, use, location, design, landscaping, and water source (16) any other factor that relates to the purposes of this chapter as set forth in s. 500.05 or as allowed by state law Process: The Plan Commission makes a recommendation to the Town Board. The Town Board makes the final decision. Staff Recommendation: Recommendation to the Town Board for conditional approval of the Conditional Use and Site Plan/Plan of Operation and the request for a Special Exception, subject to the following: 1. A Floodplain Development Permit shall be reviewed and approved by the Waukesha County Department of Parks and Land Use – Planning and Zoning Division for the proposed wetland scrape, prior to work taking place. 2. All spoils material shall be placed outside of the mapped wetlands/floodplain and shall comply with the construction plans drawn by the USDA. 3. All conditions of the WI DNR approval dated August 29, 2025 (WDNR-GP24) shall be substantially complied with. As conditioned, the proposal allows the petitioner to improve the wildlife habitat within an existing wetland, while adding nutrient rich soil to existing farmland for continued crop cultivation. Waukesha County Planning and Zoning and Waukesha County Land Resources will oversee the permitting of the scrape to ensure that there are no adverse effects to the environmentally sensitive areas. The spoils will not adversely impact drainage or neighboring property owners; therefore, approval of the request meets the purpose and intent of the ordinance. Jacob A. Heermans Town Planner Attachments Construction Plans DNR Approval N:\PRKANDLU\Planning and Zoning\Community Assistance\T EAGLE\STAFF REPORTS AND PROJECTS\2025\2025-20 Erikson COT\2025-20 Erickson Change in Topo Staff Report.docx Date: December 3, 2025 To: Town of Eagle Plan Commission and Town Board From: Jacob Heermans, Town Planner Subject: Three (3) Lot Certified Survey Map (CSM) and any necessary waivers Application: 2025-19 https://s.zoninghub.com/QJZ497Z3PD Location: EGLT 1768.998.018 and EGLT 1768.998.013, located in the SW ¼ of Section 10 Owner/Applicant: Steven and Tara Wilton Date of CSM: November 12, 2025 The subject properties are located on the southwest corner of Eagle STH 67 and Wilton Rd. The parcels are approximately 17 acres in size and are actively farmed. The properties are free of improvements, with the exception of an former foundation on proposed Lot 3. The owners are proposing a Certified Survey Map to reconfigure two existing parcels, to create three (3) residential lots (Exhibit A). The northern lots (Lots 1 and 2) located along Wilton Road are just over 5 acres in size. The southern lot (Lot 3) which has frontage on STH 67 is just over 6 acres in size. Each lot has had soil tests completed for private on-site septic systems to accommodate future residential homes. The parcels are zoned RR Rural Residential and require a minimum of 3 acres and 200 ft. in average width. The proposed land division complies with the zoning district requirements and the Land Use Plan. State DOT has determined that the northern Lots will have access restricted to Wilton Rd. Access to Lot 3 will be from the existing access easement to the south. No additional access points along STH 67 are proposed. Potential Waivers The Town Board may move to waive the requirement to consider a Conceptual CSM. 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 approved the CSM per the memo dated November 13, 2025. 2. If there is drain tile present, its location and function shall be disclosed on future CSM submittals. 3. Approval of the final CSM from the Village of Eagle shall be obtained. 4. The Village of Eagle Clerk signature certificate shall be updated to Tracy Hillenbrand, Clerk. General Conditions 5. 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. 6. 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. 7. 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. 8. Surveyor’s responsibility. Although the Town of Eagle has reviewed the subdivision plat/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 11/12/25 Engineer report cc: Town Engineer, County EHD N:\PRKANDLU\Planning and Zoning\Community Assistance\T EAGLE\STAFF REPORTS AND PROJECTS\2025\2025-19 Wilton CSM\CSM Staff Report Wilton 12 3 25.docx ________________________________________________________________________________________________________ 440 Milwaukee Avenue Burlington, WI 53105 262.402.5040 www.lynch-engineering.com 5000 S. Towne Drive, STE 160 New Berlin, WI 53151 262.402.5040 MEMORANDUM _____________________________________________________________________________________________ Date: November 13, 2025 To: Jacob Heermans, AICP, Town Planner From: Timothy C. Lynch, P.E., Town Engineer, Michael F Flesch, PE Copy: Terrance E Pisarek, Kettle Moraine Surveying, Inc Subject: Wilton CSM Review, Tax Key No. EGLT 1768998018 ___________________________________________________________________________________________ Land Subdivision: The applicant has re-submitted a revised certified survey map (CSM) dated November 12, 2025, for the Wilton properties located at the corner of Wilton Road and STH 67. The CSM subdivides unplatted lands and a portion of Lot 3 CSM number 10208 into three lots at 5.07 acres, 5.09 acres and 6.32 acres. Soil borings were also submitted. We have completed our review of the submitted materials in accordance with Town ordinances and good engineering practices. Although the material has been reviewed, the surveyor is responsible for the thoroughness and accuracy of CSM and supplemental data for compliance with all applicable state statutes and local ordinances Certified Survey Map (CSM) Comments: The CSM was reviewed for accuracy and completeness. All concerns noted in the November 12, 2025, review memo have been addressed. Recommendation: It is recommended the CSM as revised be approved. Date: December 3, 2025 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 S105W37561Estate Drive (EGLT 1857.008), Kallie Kestly and James Anderson, applicant Application: 2025-22; https://s.zoninghub.com/FTZPAD29H4 In 2022, the Town Board approved a Hobby Kennel Conditional Use (2022-10) on the property described above subject to various terms and conditions. One condition requires periodic reviews. The applicant has indicated that the same dogs reside on the property: six Australian Shepards and three mixed-breed small dogs. No complaints have been received regarding the dogs over the last 12 months to the Town. 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 year (2026) based on the representations made by the petitioner at the meeting. Enclosure: Exhibit A – CU Order \\wcg.waukeshacounty.gov\files\Depts\PRKANDLU\Planning and Zoning\Community Assistance\T EAGLE\Conditional Use\CU Annual Reviews\Hobby Kennel Kestly 2025 Review.docx Page 1 of 4 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 4 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. (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. " 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. Page 3 of 4 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. (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 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. Page 4 of 4 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. (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. (Pending, AT) Ann Hurley, W351S10436 TUOHY RD Livestock on < 3 acres, 3+ dogs without hobby kennel approval As of 11/17/2025, the property owner no longer resides on the property, and has removed the pony and the dogs. Waukesha County court records indicate that the property is being foreclosed. Violation Closed (JH) 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 11/20/25 JH

Source: Town of Eagle website. First collected Oct 20, 2026.