2021 Planning & Zoning Minutes

MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE December 1, 2021@ 4:00 p.m·. In person and virtual meeting County Board Room - Services Center Members present: Chair: Ken Borzick; Kathleen McGwin; Dennis Fenner (Virtual); David Krentz; Gayle Mack Others present: Tom Onofrey, Jean Potter, Bette Krueger, Ron Barger, Aaron Riesen, Andrzej Zalucki Chair called the meeting to order. Onofrey explained that the Kartechner Brothers have withdrawn their application for a rezoning, so it has been removed from-the agenda. Onofrey noted the Special Exception for the gravel pit will be on the Board of Adjustment agenda for January 20th• Chair asked for a motion to approve the amended agenda; motion by Mack, second by Krentz to approve the amended agenda; motion carried. Chair asked for motiori to approve the minutes; motion by McGwin, second by Fenner; motion carried. Chair opened item 3: Citizens comments or concerns: None. Chair opened item 4: A public hearing on an application by Gregory and Carla Riesen, N4084 CTH M, Montello, Wi 53949 for a rezoning of part of the S ½-SW¼ lying south of S.T.H. 23, Section 7, TlSN, R9E, Town of Packwaukee, containing two acres, more or less, from a Commercial Business {CM-B) to an Agriculture Residential {AG-3(2}) District. Onofrey explained that the Town of Packwaukee approved the request and there were no comments (objections) from any neighbors. Chair asked for any questions from the committee; there were none. Motion by McGwin to approve the re-zone and move onto the County Board for approval; second by Krentz; motion carried. Chair adjourned meeting at 4:08 p.m. Bette Krueger · Acting Secretary REPORT OF THE PLANNING AND ZONING COMMITTEE TO THE COUNTY BOARD ON PUBLIC HEARING ON PETITION TO AMEND THE MARQUETTE COUNTY ZONING ORDINANCE TO THE COUNTY BOARD OF MARQUETTE COUNTY: The Marquette County Planning and Zoning Committee having considered the petition to amend the Marquette County Code of Ordinances Chapter 70-Zoning filed by Gregory and Carla Riesen on the 1st day of December, 2021 to rezone from a Commercial Business (CM-B) to an Agriculture Residential (AG-3(2)) District, the following described lands: Part of the Sl/2 of the SWl/4 lying South of S.T.H. 23, Section 7, TlSN R9E, Town of Packwaukee containing 2 acres more or less. and having held public hearing thereon, pursuant to Section 59.69, Wisconsin Statutes, notice thereof having been given as provided by law, and being duly informed of the facts pertinent to the changes proposed and duly advised of the wishes of the people in the area affected, hereby recommends as follows: That the petition for amendment by Gregory and Carla Riesen be approved as presented. Dated this 7th day of December, 2021 MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE MONTELLO 109 E MONTELLO ST MONTELLO, WI 53949-9773 (800)275-8777 NOT!CE OF IPUIIBUC IHIIEARDINlG ON !PROPOSED AMENDMENT 10 THIE MARQUIETIIE COUNTY ZONBNG ORDBNANCIE NOTICE IS HEREBY GIVEN that a public hearing will be held· on the 1st day oi December, 2021 at 4:00 1PM on ·the proposed· amendment to the Marquette County Code of Ordinances Chapter 70-Zoning. The hearing will be in person with an option to join virtually. In person will be in the Demonstration Room of the Marquette County Services Center, 480-Underwood Avenue, Montello, WI 53949. Virtual meeting will be available remotely using Webex (Meeting number (access code): 2558 654 7239. Meeting ·password: qQjmNt8PU58 (77566887 from phones and video systems) or dial in 1-408-418-9388. Gregory & Carla Riesen, N4084 County Rd M, Montello, V'JI 53949 are requesting a rezoning from Commercial Busi111ess (CM-B) to an Agriculture Residential (AG-3(2)) District, for ihe iollowing described lands: Part of the S1/2-SW1/4 lying south of S.T.11-1. 23, Section 7, . T15N R9E, Town of Packwaukee, containing 2 acres more or less. The petition to amend said ordinance is on file in the Planning, Zoning and Land Information Office of Marquette County, Montello, Wisconsin or on the webpage at http://www.co.mar­ quette.wi.us/departments/zoning. 10/13/2021 03:07 PM ------------------------------------ Product Qty Unit First-Class Mail® Letter 1 Montello, WI 53949 Weight: 0 lb 1.80 oz Estimated Delivery Date Fri 10/15/2021 Certified Mail® Price Tracking#: 70192970000228478088 Return Receipt Tracking#: Price $0.78 $3.75 $3.05 Dated this 11th day of October, 2021. Publish: 11/1i/2i, 11/18/21 WL A}{LIP NOTICIE OIF l?UBlDC HIEARING ON PROPOSIED AMIENDMIENii :ro nm: ARQl\JIETTIE COl!lNTY ZONING ORliJJINANCIE 9590 9402 4535 8278 2423 89 NOTICE IS HEREBY GIVEN that a public hearing will be held on the·1st day o\' December, 202·1 ai 4:00 1PM on the proposed amendment to the Marquette County Code of Ordinances Chapter 70-Zoning. The hearing will be in person with an option to join virtually. In person will be in the Demonstration Room of the Marquette County Services Center, 480 Underwood Avenue, Montello, WI 53949. Virtual meeting will be available remotely using Webex (Meeting number (access code}:_ 2558 654 7239. Meeting password: qQjmNt8PU58 (77566887 rrom phones and video systems) or dial in 1-408-418-9388. Affixed_Postage -$7.58 Affixed Amount: $7.58 Total $0.00 Gran,, --�� r - -- -- - - -• - -- ---- --- - �ENDl;R: COMPLETE THIS SECTION Complete items 1, 2, and 3. Iii Print your name and address on the reverse so that we can return the card to you. Attach-this .card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6su.)Aru,u OruVL.,\ale. 1 Cl.vrk­ P. o. �[ oLld­ �lrbrt\tl\_01 LJ01 5611-l-9 1m rn�l�I iml l�ml�i 11 rn �i II �I rnm1 m Ii �Ii 9590 9402 4535 8278 2423 89 ,. � --- - - -- <;OMPLETE THI§' A. ,r ature A X(_/4� . I C Received by (Pri _j)\Jl.;("Tue,t. D. Is delivery addre! If YES, enter del 3. Service Type Gregory & Carla Riesen, N4084 County Rd M, �ontell_o, WI 53949 are requesting a rezoning from Commercial Business (CM-B) to an Agriculture Residential (AG-3(2)) District, for the ·following described lands: Part of the S1/2-SWi/4 lying south of S.T.H. 23, Sectio_n _7, T15N R9E, Town oi !Packwaukee, _containing 2 acres more or less. The petition to amend said ordinance is on file in the Planning, Zoning and Land Information Office of Marquette County,. Montello, Wisconsin or on . the webpage at http://www.co.mar- quette.wi.us/departments/zoning. Dated this 11th day of October,"_2021. Publish: 11/11/21, 11/18/21 W�AlCLIP □ Adult Signature -O"RegisterecMail™ .□ Adult Signature Restricted Delivel)I □ Registered Mail RestrictedCertified Mail® • Delivery '□ Certified Mail Restricted Delivery &( Return Receipt for □ Collect on Delivery Merchandise -::2�. --:Art-:-:-ic 7" 1e --: N--:-u-m --= b-e-r -= (Ti=-ra-n-sfi 7 e-r t, 7 ro-m-se_rv_, ,... _ce ---,- /a_b_el).,.......-----i □ Collect on.Delivery Restricted Delivery D Signature Confirmation™ · - · Jred Mail D Signature Confirmation 7 0 19 2 9 7 0 0 0 0 2 · 2 8 4 7 8 0 8 8 Jred Mail Restricted Delivery Restricted Delivery ,r$500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Marquet+- County _,i;. W+E s 1 inch equals 188 feet � ➔ MARQJJJJ±�_CQM�slY Current Time: 10/6/2021 11:Sl AM ,, . .; ; ! -.· � .:....--:"1•., I .'• .. i.' - •• ·,-1 - -;,•; J. ' •i•. DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. ffl z U') j'.: Packwaukee W6100 Townships 14N & 15N - Range 9E Copyright© 2021 Mapping Solutions OlZ-OIOll.o-0010 Joseph & Amanda Steuck 195 Sand County . Lend 'LLC40 David& Geralyn Wolters 80 Ad���,8��if8r 49. 1��J1ra�;� Rory ' 3 s;dney & Hall ��,r� 40 n MS .Robert & Daniel J O'Connell Etol 80 'Connell Family FormLLC 80 Thomas J Menzel 161 w:,-�-----1 s���r �--"•',�--� Trs 155 W5300 SEE PAGE 39 W4900 CurtisJ olwe ,s W4500 Raymer Richard W Pctcr�on • & Mory Richard Goiirtng Scii�8wc 1 William· z. ' Renee Klein 64 W4100 0 0 Ol .... z 0 0 "'....z 0 0 :; z 0 0 ,.._ C') z � C'J LU (9 � LU LU CJ) 0 0 C') C') z 0 0 Ol N z 2 To Whom It May Concern: NOTICE OF PUBLIC HEARING MARQUETTE COUNTY STATE OF WISCONSIN A Public Hearing will be held before the Marquette County Board of Adjustment on Thursday, November 18, 2021 at 3pm. The Board meeting will be both in person in the Demonstration Room of the Services Center, 480 Underwood Ave, Montello, WI and remotely. The meeting will take place remotely using Webex (Meeting number (access code): 2559 088 6062. Meeting password: QEj9JVF4mZ6 (73595834 from phones and video systems). Join by phone l-408-418-9388 to hear the following applications: Ann Sippel, 10876 Cascade Drive, Dubuque, IA 52003, is applying for a Variance under Section 70.17(B)(2) of the Marquette County Code of Ordinances Chapter 70-Zoning for the placement of a shed at a reduced setback to Co Rd C. The legal description of the property is Unit NO 5 Buffalo Shores Condominium & 1/5 INT IN .94A, Section 18, T15N Rl0E, Town of Montello. Property Address: W3989 Co Rd C. All application materials are available on the Planning, Zoning & Land Information Department website at http://www.co.marquette.wi.us/departments/zoning/board-of-adjustment-139 or in person in Room 104 of the Courthouse in the City of Montello. All persons wishing to be heard may appear in person (if held) or remotely and may be represented by agent or attorney. If an appearance or representation is not possible, a letter addressed to the Marquette County Planning, Zoning & Land Information Department, P.O. Box 21, Montello, WI 53949, will be read at the public hearing of the Board of Adjustment. Class 2 Notice Marquette County Board of Adjustment Mary Walters, Chairperson Lance Achterberg Michael Johnson, Alternate Adam Malsack, Alternate POSTED I \/led / ;J CfJ,,I 1. Courtho·usJ 2. Service Center 3. Health & Human Service MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE November 3, 2021@ 4:00 p.m. In person and virtual meeting Members present: Chair: Ken Borzick; Kathleen McGwin (virtual); Dennis Fenner; David Krentz; Gayle Mack Others present: Tom Onofrey, Jean Potter, Bette Krueger, Ron Barger, Bob Kravick, Clarence Behling,, Scott Bilgrien, Ellen Barron, Nick Kronschnabel; Nick Stanke (virtual) Chair called the meeting to order and asked for a motion to approve the agenda; motion by Fenner, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by Mack, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: None. Chair opened item 4: A public hearing on an application by Larry Severson (Life estate) and Daniel Severson, W5237 Duck Creek Lane, Westfield, WI 53964 for a rezoning of part of the SW ¼ - SW¼ lying north of the creek, Section 27, and part of the NW¼ - NW¼ lying north and east of the creek, Section 34, T17N, R9E, Town of Newton, containing 30 acres, more or less, from Prime Agriculture (AG-1) to a General Agriculture (AG-2) District. Onofrey explained that the Town of Newton did not make any comments (objections) to the rezone; the balance of the farm has been sold. Chair asked for any questions from the committee or those in attendance; there were none. Chair closed the public hearing and asked for a motion. Motion by Fenner to approve the re-zone and move onto the County Board for approval; second by Mack; motion carried. Chair opened item 5: A public hearing on an application by Clarence Behling, W5486 Evergreen Road, Montello, WI 53949 for a rezoning of Lot 1, CSM 1853, being part of the SW¼- SE¼, Section 28, T16N, R9E, Town of Harris, containing 10 acres, more or less, from General Agriculture (AG-2) to an Agriculture Residential (AG-3(4)) District. Onofrey explained that the Town of Harris approved the re-zone; it is a transfer between adjoining property owners. Chair asked for any questions from the committee or those in attendance. Nick Stanke and Ellen Barron asked if there was an intention to build a house. Scott Bilgrien stated no house would be built. Chair closed the public hearing asked for a motion on the application. Motion by McGwin to approve the rezone and move onto the County Board for approval; second by Fenner; motion carried. Chair opened item 6: Register of Deeds report: Krueger reviewed monthly numbers. Chair opened item 7: Director report: Onofrey updated the Committee on the December rezoning request in the Town of Packwaukee. Discussion followed. Onofrey reviewed permit and revenue numbers. Onofrey reviewed resolved and on going violations. Discussion followed. Chair opened item 8: Zoning Technician report: Potter discussed violations and permitting she has been working on; discussion followed. Chair opened item 9: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Mack, second by Krentz to approve the same; motion carried. Chair adjourned meeting at 4:31 p.m. Bette Krueger Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE October 6, 2021@ 4:00 p.m. In person and virtual meeting Members present: Chair: Ken Borzick; Kathleen McGwin; Dennis Fenner; David Krentz; Gayle Mack Others present: Tom Onofrey, Jean Potter, Bette Krueger, Ron Barger, Craig and Susan Hilliard. Julie Jacobson-remote. Chair called the meeting to order and asked for a motion to approve the amended agenda; motion by Fenner, second by McGwin to approve the agenda as revised; motion carried. Chair asked for motion to approve the minutes; motion by McGwin, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: None. Chair opened item 4: Discussion and decision on Tourist Rooming House #50 for Craig and Susan Hilliard, W8650 STH 23, Briggsville WI 53920, Town of Douglas; property address: N433 Co. Rd. A. Potter explained that this will be short terms rentals with an occupancy rate of four. All inspections and paperwork have been completed; notices were mailed to surrounding neighbors with no comments received. Chair asked if there were any questions from the committee; there were none. Motion by Fenner to approve the application; second by McGwin; motion carried, with Mack abstaining due to the fact that Hilliard's are her neighbors. Chair opened item 5: Register of Deeds report: Krueger reviewed monthly numbers. Chair opened item 6: Director report. Onofrey updated the Committee on the proposed sand and gravel pit in Packwaukee noting that a public hearing for the rezoning is scheduled for December ist. Discussion followed. Onofrey reviewed permit and revenue numbers. Onofrey updated the Committee on resolved and unresolved violations. Chair opened item 7: Zoning Technician report: Potter discussed violations and permitting she has been working on. Discussion followed. Chair opened item 8: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Mack, second by McGwin to approve the same; motion carried. Chair adjourned meeting at 4:30 p.m. Bette Krueger Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE September 1, 2021 @ 4:00 p.m. In Person/Virtual Meeting Members present: Chair: Ken Borzick; Dennis Fenner; David Krentz Members virtual: Kathleen McGwin Others present: Tom Onofrey-remote, Jean Potter, Bette Krueger, Michael and Jennifer Heidenriech, David Timme Others virtual: Alex and Corrine Tagansky; Maverick Hovey Chair called the meeting to order and asked for a motion to approve the agenda; motion by Fenner, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by Krentz, second by Fenner; motion carried. Chair opened item 3: Citizens comments or concerns: none. Chair opened item 4: A public hearing on an application by Richard and Linda Gumz, Roderick and Michelle Gumz, Owners/David Timme, Agent, N570 6th Court, Endeavor, WI 53930 requesting a rezoning from Prime Agriculture (AG-1) to a General Agriculture (AG-2) District, for Lot Two (2), CSM 3407, being part of the SWl/4-NWl/4, Section 34, T15N, R8E, Town of Oxford, containing 10.02 acres, more or less. Onofrey explained that the Town of Oxford board has approved the rezoning and there were no comments/concerns. Chair asked if there were any questions from the committee; there were none. Motion by Fenner to approve the application and move onto the County Board for approval; second by Krentz; motion carried. Chair opened item 5: Discussion and decision on Tourist Rooming House license #47 for Alex and Corrine Tagansky, 671 S Williams Ave., Palatine, IL 60074; property address: W5812 Dyke Ave., Town of Newton. Potter reported that this TRH started as a violation, but all paperwork and inspections have been completed and occupancy is for six individuals There was a question from one neighbor and Alex Tagansky reported that he did indeed speak to the neighbor and provided information requested. Chair asked if there were any questions from the committee; there were none. Motion by Krentz to approve the application; second by Fenner; motion carried. Chair opened item 6: Discussion and decision on Tourist Rooming House license #48 for Maverick and Serena Hovey, 6225 Camino Way, Madison, WI 53719; property address: W4704 County Rd K, Town of Packwaukee. Potter reported that this was a remodel, occupancy is for six individuals; and all paperwork and inspections have been completed. A neighbor, Bob Leske, wrote a letter in support of the TRH. Chair asked if there were any questions from the committee; there were none. Motion by Fenner to approve the application; second by Krentz; motion carried. Chair opened item 7: Discussion and decision on Tourist Rooming House license #49 for Michael and Jennifer Heidenriech, 325 N. Van Nortwick, Batavia, IL 60510; property address: N4005 County Rd A, Town of Oxford. Potter reported that this was already a TRH for the past four years, but licenses do not transfer. All paperwork and inspections have been completed and occupancy is for two individuals. No feedback in support of or in opposition of the TRH. Chair asked if there were any questions from the committee; there were none. Motion by Krentz to approve the application; second by McGwin; motion carried. Chair opened item 8: Discussion of possible ordinance amendment to allow chickens in R-1 District and on parcels less than two acres in size. Onofrey reported that he and Natalie Bussan are working on a sample resolution for townships/municipalities to use for chickens only. Discussion followed. Chair opened item 9: 2022 Departmental budgets: Register of Deeds: Budget is at zero increase; discussion followed; motion by McGwin, second by Krentz to move budget onto Executive and Finance Committee; motion carried. Planning, Zoning and Land Information: Onofrey reviewed decreases in expenses and increases in revenues. Onofrey noted that the budget as proposed shows a decrease of $190. Motion by Krentz, second by McGwin to move budget onto Executive and Finance Committee; motion carried. Chair opened item 10: Register of Deeds report: Krueger reviewed monthly numbers and reports. Chair opened item 11: Director report: Onofrey updated the Committee on the proposed quarry in Packwaukee, a violation on Mud Lake for excavating material out of the lake, Emrick Lake campground approval and a tour of Healthy Lakes sites in Marquette County. Onofrey reviewed permit and revenue numbers. Onofrey updated the Committee on ongoing and resolved violations. Chair opened item12: Zoning Technician report: Potter discussed violations and permitting she has been working on and that next month will be a decision on TRH license #SO. Chair opened item 13: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Fenner, second by Krentz to approve the same; motion carried. Chair adjourned meeting at 4:46 p.m. Bette Krueger-Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE August 4, 2021@ 4:00 p.m. In Person and Virtual Meeting Services Center Demonstration Room Members present: Chair: Ken Borzick; Kathleen McGwin; David Krentz; Gayle Mack; Dennis Fenner Others present {in person): Tom Onofrey, Jean Potter, Gary Burkhardt, Jerry and Elaine Powell Virtual: Paul Bogacz, Ray and Deanna Smith Chair called the meeting to order and asked for a motion to approve the agenda; motion by McGwin, second by Mack to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by Fenner, second by McGwin; motion carried. Chair opened item 3: Citizens comments or concerns. Gary Burkhardt a resident in the Village of Packwaukee expressed his concerns about the zoning regulation that prohibits chickens and ducks in Residential zoning and on smaller parcels. Onofrey summarized the past discussions the Committee has had and the input from the Towns. Onofrey noted no final decision has ever been made on the issue. After discussion Committee members asked that the item be on the next agenda. Jerry and Etaine Powell explained their frustration with their neighbor's barking dogs. Onofrey explained that it is not something covered under the zoning ordinance and advised them to talk to the Town Board about potentially adopting a noise ordinance. Chair opened item 4: A public hearing on an application by Ray and Deanna Smith, 2749 Lissa Ln, Stoughton, WI 53589 for a rezoning of the SE1/4-SE1/4, Section 29, Town of Newton containing 40 acres more or less from Prime Agriculture (AG-1) with 2 acres rezoned to Agriculture Residential (AG-3(2)) and the remaining 38 acres to the Farmland Preservation Overlay (FPO) District. Onofrey reviewed the application explaining that the applicants intend on building a house on the 2 acres. Onofrey noted that the Town of Newton has approved the request. Chair asked for any comments on the application. None given. Chair closed the public hearing and asked for a motion on the application. Motion by Fenner to approve the request and send it to the County Board with a recommendation that it be approved, second by Krentz. Motion carried. Chair opened item 5: Discussion and decision on Tourist Rooming House license for Bela Rentals LLC, 3858 N Pittsburgh Ave, Chicago, IL 60634. Property address: W591 Fox Ct. Potter explained that the application/inspections are in order, no comments received. Occupancy is for 12. Chair asked if there were any questions from the committee; there were none. Motion by McGwin to approve the application; second Mack. Motion carried. Chair opened item 6: No Register of Deeds report. Chair opened item 7: Director report: Onofrey reviewed permit and revenue numbers. Onofrey informed the committee that after looking into new software for the Land Information departments the decision was made to continue with the same company that provides our current software. No changes will occur with that software until 2023 and at the time there will be some costs for transitioning to their new on line platform. Onofrey updated the Committee on the proposed sand and gravel pit in the Town of Packwaukee. Onofrey updated the Committee on resolved and ongoing violations. Chair opened item 8 Zoning Technician report: Potter shared some statistics she compiled for Keri Solis on the residency of property owners using septic system files. Potter discussed violations she has been working on, which includes a few tourist rooming houses operating without licenses. Potter discussed septic maintenance notices. Chair opened item 9: Review and approval of Planning, Zoning and Land Information Department bills; motion by Fenner, second by Krentz to approve the same; motion carried. The next meeting will be September 1, 2021. Chair adjourned meeting at 4:59 p.m. To Whom It May Concern: NOTICE OF PUBLIC HEARING MARQUETTE COUNTY STATE OF WISCONSIN A Public Hearing will be held by the Marquette County Board of Adjustment on Wednesday, June 30, 2021 at 11:00 AM. The Board meeting will be both in person in the Demonstration Room of the Services Center, 480 Underwood Ave, Montello, WI and remotely. The meeting will take place remotely using Webex (Meeting number (access code): 182 943 9008. Meeting password: gmKYmkGh327 (46596544 from phones and video systems) to hear the following applications: Don and Jane Shane, 1731 Cherokee Dr., West Bend, WI 53090 are applying for a Variance under Section 70.53(A) of the Marquette County Code of Ordinances Chapter 70-Zoning for the construction of an addition at a reduced setback to the ordinary highwater mark/wetland boundary of Tuttle Lake. The legal description of the property is Lot 1 of CSM 3693 being part of Govt Lot 6, SEl/4-SEl/4, Section 22, Tl 7N Rl0E, Town of Crystal Lake. Property Address: N7819 Tuttle Lake Rd. Mason's Eden/Kevin and Valarie Berglund, 14850 W 98th Ave., Dyer, IN 46311 are applying for a Variance under Section 70.15(Q)(2) and 70.28(C) of the Marquette County Code of Ordinances Chapter 70-Zoning for the replacement and expansion of a legal non-conforming structure. The legal description of the property is Lot 2 ofCSM 1188 being part ofSWl/4-SEl/ 4, Section 30, T14N R08E, Town of Douglas. Property Address: N503 Co Rd A. Jeffery and Janice Taplick, W3875 County Rd C, Montello, WI 53949 are applying for a Variance under Section 70. l 7(B)(2) of the Marquette County Code of Ordinances Chapter 70-Zoning for the placement if a canvass shelter at a reduced setback to Co Rd C. The legal description of the property is Lot 16 of Buffalo Heights Subdivision being part of Govt Lot 6, NWl /4-NEl/ 4, Section 18, T15N Rl OE, Town of Montello. Tina Wisniewski- Owner/Neil Evens -Agent, W288 N2232 Oakton Manor Dr. #7, Pewaukee, WI 53072 are applying for a Special Exception under Section 70.24(E)(l4) of the Marquette County Code of Ordinances Chapter 70-Zoning for the replacement of a legal non-conforming manufactured home with newer or new 14ft x 70ft model. The legal description of the property is Lot 9 of Green Acres Plat, SEl/4- SEl/4, Section 8, T16N R09E, Town of Harris. Property Address: W5731 Bluebird Ln. John and Julie Ann Leschke- Owner/Eric Krahn - Agent, 2015 Menominee Dr., Oshkosh, WI 54901 are applying for a Variance under Section 70.20(C) and 70.51(B) of the Marquette County Code of Ordinances Chapter 70-Zoning for the construction of a deck at a reduced setback to a lot line. The legal description of the property is Lot 86 of Northwoods Subdivision, SEl/4-SEl/4, Section 6, Tl 7N Rl OE, Town of Crystal Lake. Property Address: W3876 Northwoods Trl. Ronald and Bridget Hulsey, 819 Chicago St., Belvidere, IL 61008 are applying for a Variance under Section 70.53(A) of the Marquette County Code of Ordinances Chapter 70-Zoning for the construction of a deck at a reduced setback to the ordinary highwater mark/wetland boundary of Buffalo Lake. The legal description of the property is Lot 4 of Graham Subdivision, SWl/4-NEl/4, Section 14, T15N R09E, Town of Packwaukee. Property Address: W4667 Co Rd C. All application materials are available on the Planning, Zoning & Land Information Department website at http://www.co.marquette.wi.us/departments/zoning/board-of-adjustment-139 or in person in Room 104 of the Courthouse in the City of Montello. All persons wishing to be heard may appear in person (if held) or remotely and may be represented by agent or attorney. If an appearance or rep�es�ntatism is not po�sible, POSTED w- I J..\ -cg_ I 1. Courthouse 2. Service Center 3. Health & Human Service a letter addressed to the Marquette County Planning, Zoning & Land Information Department, P.O. Box 21, Montello, W1 53949, will be read at the public hearing of the Board of Adjustment. Class 2 Notice Marquette County Board of Adjustment Mary Walters, Chairperson Jan Banicki Lance Achterberg Michael Johnson, Alternate Adam Malsack, Alternate MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE June 2, 2021@ 4:00 p.m. In Person and Virtual Meeting Services Center Demonstration Room Members present: Chair: Ken Borzick; Kathleen McGwin; David Krentz; Gayle Mack Member excused: Dennis Fenner Others present (in person): Tom Onofrey, Jean Potter, Bette Krueger, Daniel A. Schmidt, Butch and Kay Mies Virtual: Amanda Lowney, Jackie DiBella, Ray Reinders Chair called the meeting to order and asked for a motion to approve the agenda; motion by McGwin, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by Mack, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: none. Chair opened item 4: A public hearing on an application by Daniel A. Schmidt, 30 Country Club Ct., Fond du Lac, WI 54935 for a rezoning of part of the SE¼ - NW¼ and the SW¼ - NE 1/4 , Section 15, T16N, R9E, Town of Harris containing 24 acres, more or less, from a Prime Agriculture {AG-1} to a General Agriculture. (AG-2) and Farmland Preservation Overlay (FPO) District. Onofrey explained the parcel has 85 acres, and Mr. Schmidt would like to retain the 24 acres and sell the remaining acreage to an adjoining landowner. The Town of Harris board has approved the rezoning. Chair asked if there were any questions from the committee; there were none. Motion by McGwin to approve the application and move onto the County Board for approval; second by Krentz; motion carried. Chair opened item 5: Discussion and decision on Tourist Rooming House license for Ron Haloup, W8891 STH 11, Delavan, WI 53115; property address: N3144 7th Drive, Town of Packwaukee. Potter explained that the application/inspections are in order, no comments received. Occupancy is for 12. Chair asked if there were any questions from the committee; there were none. Motion by Mack to approve the application; second by Krentz; motion carried. Chair opened item 6: Discussion and decision on Tourist Rooming House license for Northshore Lake House, LLC, W2920 Wick Rd., Markesan, WI 53946; property address: W859 Northshore Drive, Town of Mecan. Potter explained that the application/inspections are in order, no comments received. Occupancy is for nine. Chair asked if there were any questions from the committee; there were none. Motion by Mack to approve the application second by McGwin; motion carried. Chair opened item 7: Discussion and decision on Tourist Rooming House license for Chris and Kathleen Lotspeich, W2670 S Tuttle Lake Road, Neshkoro, WI 53960; property address: W2672 S Tuttle Lake Road, Town of Crystal Lake. Potter explained that the application/inspections are all in order; no comments received. Occupancy is for 12. Chair asked if there were any questions from the committee; there were none. Motion by Mack to approve the application; second by Krentz; motion carried. Chair opened item 8: Discussion and decision on Tourist Rooming House for Amanda Lowney, 2729 W Woodfield Dr., Mequon, WI 53092; property address: N9312 2l5t Ave., Town of Neshkoro. Potter explained that the application/inspections are all in order; occupancy is for seven people. Several comments were received against it; however, there were also comments in favor. Discussion with Butch and Kay Mies, Ray Reinders, Jackie Di Bella and Amanda Lowney. Lowney tried to respond to everyone's concerns; she and her husband reviewed the homeowner's association rules to make sure a TRH was allowed. The resident agent will be an individual who resides in Neshkoro and the next-door neighbors, Arthur and Donna Petersen also indicated they could assist as well. The property would likely be rented half of the year, but year-round. Chair asked if there were any comments or questions from the committee. McGwin pointed out that the neighbors on both side of the property are in favor of the TRH. She also indicated that if there are issues, the license can be revoked. Motion by McGwin to approve the application; second by Mack; motion carried. Chair opened item 9: Register of Deeds report: Krueger reviewed monthly numbers and reports. Chair opened item 10: Director report: Onofrey reviewed permit and revenue numbers. Onofrey explained to the committee that there Register of Deeds, Treasurer and Planning, Zoning and Land Information Departments are in the process of evaluating potential changes to the software they use. Discussion concerning cost and funding followed. Onofrey updated the Committee on resolved and ongoing violations. Chair opened item 11 Zoning Technician report: Potter discussed violations she has been working on and her work doing septic inspections. Chair opened item 12: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Mack, second by Krentz to approve the same; motion carried. The next meeting will be announced at a later date. Chair adjourned meeting at 5:00 p.m. Bette Krueger Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE May 5, 2021 @ 4:00 p.m. Services Center and Webex Virtual/In Person Meeting Members present: Chair: Ken Borzick; Kathleen McGwin; Dennis Fenner; David Krentz; Gayle Mack Others present: Tom Onofrey, Natalie Bussan, Charles Poches (virtual), Jaime Santana (virtual) Chair called the meeting to order and asked for a motion to approve the agenda; motion by Mack, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by Fenner, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: No given. Chair opened item 4: A public hearing on an application by Norland Farms, N570 6th Ct, Endeavor, WI 53930 for a rezoning from Prime Agriculture (AG-1) to an Agriculture Residential (AG-3(4)) and the Farmland Preservation Overlay (FPO) District, for part of the S1/2 of the SWl/4-NWl/4 lying south of County Rd 0, containing 5 acres more or less to be rezoned to AG- 3(4) with an additional 155 acres to be rezoned to the FPO District all in Section 25, T14N R8E, Town of Moundville. Onofrey reviewed the application and explained that the applicant is first going through a rezoning and if approved will be going before the Board of Adjustment for a Special Exception to construction migrant housing. The proposal is to build two duplexes on the 5 acres. Onofrey noted under the ordinance that this requires the restriction of 155 acres under the Farmland Preservation Overlay District because it is a total of 4 dwellings, which is permitted at a rate of 1 per 40 acres. Onofrey stated that the Town of Moundville approved the request. Discussion followed. Chair asked for comments. None given. Chair closed the public hearing and asked for a motion on the request. Motion by Mack to approve the request and to forward it on to the County Board with the recommendation that it be approved, second by Krentz. Motion carried: 5-0. Chair opened item 5: Discussion and decision ori Tourist Rooming House license for Jaime Santana, 1904 Isle Royal Lane, Hanover Park, IL 60133. Property address: W6490 Old Co Rd J. Onofrey explained that the application is in order and that there have been no comments received. Occupancy is for 9 people. Motion by Fenner to approve the license, second by Mack. Motion carried: 5-0. Chair opened item 6: Motion by Mack to move into closed session, second by Fenner. Roll call: Krentz-yes, Mack-yes, Fenner-yes, McGwin-yes, Borzick-yes. Committee moved into closed session. Motion by Krentz to move into open session, second by Fenner; Roll call: Mack-yes, Borzick-yes, Fenner-yes, McGwin-yes, Krentz-yes. Committee moved back into open session. Chair opened item 7: Discussion and decision on reappointment of Adam Malsack to the Board of Adjustment as 2nd alternate. Onofrey stated that Adam is agreeable to serve another term and has done a good job on the Board. Motion by Fenner to approve the recommendation that Adam Malsack be reappointed to the Board of Adjustment, second by Mack. Matin carried: 5-0. Chair opened item 8: Revision of fee for 2018 plat books. Onofrey explained that the 2021 plat books are in and that he is requesting a reduction to $20 for the 2018 edition. Motion by McGwin to approve the reduction, second by Mack. Motion carried: 5-0. Chair opened item 9: No Register of Deeds report. Chair opened item 10: Director's report. Onofrey reviewed revenue and permit totals to date, which show an increase in activity from 2020. Onofrey discussed a potential proposal for a sand and gravel pit in the Town of Packwaukee. Onofrey updated the Committee on issues with a tourist rooming house in the Town of Shields. Onofrey discussed a potential need to upgrade software in the ROD, Treasurer and Planning and Zoning Departments. Chair opened item 11: No Zoning Technician report. Chair opened item 12: Review and approval of Planning, Zoning and Land Information Department bills. Motion by McGwin and second by Fenner to approve the bills; motion carried. Chair adjourned meeting at 4:37 p.m. MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE April 7, 2021 @ 4:00 p.m. Services Center and Webex Virtual/In Person Meeting Members present: Chair: Ken Borzick; Kathleen McGwin; Dennis Fenner; David Krentz; Gayle Mack Member excused: N/ A Others present: Tom Onofrey (virtual}, Jean Potter, Bette Krueger, Dan Hershberger, Daryl Burczyk; Elaine Jerry (via phone); Danielle Hunt and Mike Helminski (virtual} Chair called the meeting to order and asked for a motion to approve the agenda; motion by Fenner, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by McGwin, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: N/A Chair opened item 4: A public hearing on an application by Robert and Susan Slowey for a rezoning from Prime Agriculture (AG-1) to an Agriculture Residential (AG-3(2)) and the Farmland Preservation Overlay (FPO} District, for the NW 1/4 - NE 1/4, Section 32, T16N,R8E, Town of Westfield, containing 40 acres with 2.04 acres rezoned to AG-#(2) and the remaining 37.96 acres to the FPO District. Onofrey explained that an existing home would be divided along with two acres; the Town of Westfield board has approved the rezoning. Chair asked if there were any questions from the committee; there were none. Motion by Fenner to approve the application and move onto the County Board for approval; second by Mack; motion carried. Chair opened item 5: A public hearing on an application by Dan C. and Nancy L. Hershberger for a rezoning from Prime Agriculture (AG-1) to an Agriculture Residential (AG-3(2)) and the Farmland Preservation Overlay (FPO} District, for part of Lot 1, CSM 2001, being part of the SW¼ - SW ¼, Section 14, T17N, R9E, Town of Newton, containing 38.54 acres, more or less, with 3 acres rezoned to AG-3(2} and the remaining 35.54 acres to the FPO District. Onofrey explained Hershberger's need 3 acres to build a home; the Town of Newton board has approved the rezoning. Elaine Jerry, representing Whispering Winds LLC, and a neighbor to this property, called in stating that they had no objection to this. Chair asked if there were any questions from the committee; there were none. Motion by McGwin to approve the application and move onto the County Board for approval; second by Mack; motion carried. Chair opened item 6: Previously tabled discussion and decision on Tourist Rooming House license for Danielle and Kevin Hunt, P O Box 277, Lake Mills, WI 53551; property location of W8148 Eagle Court, Town of Westfield. Potter explained that the Hunts and Mike Helminski have been communicating back and forth and the following was agreed upon: 1. A lot line survey will be completed with two points marked 2. Any buildings over lot line will be moved 3. A fence up to 75' from the water will be erected as well as a natural barrier, per current code 4. There will be a change of language on rules for the property that renters are to "remain off the empty lot next door" Motion by Fenner to approve the license with the above agreements/changes; second by Krentz; motion carried. Chair opened item 7: Discussion and decision on Tourist Rooming House license for Lilikoi Resort LLC, Daryl Burczyk, W280 N1391 Cloverleaf Lane, Pewaukee, WI 53072; property located N6857 3rd Road, Town of Westfield. Potter explained this is located on the nor:th side of Lawrence Lake by the boat landing and Mr. Burczyk has another tourist rooming house on the south side of the lake for approximately 6 years. This property is a smaller mobile home with an occupancy limit of 2; all paperwork and onside inspections have been completed. No objections from any neighbors and no comments from committee. Motion by Mack to approve the license; second by McGwin; motion carried. Chair opened item 8: Register of Deeds report: Krueger reviewed monthly numbers and reports. Chair opened item 9: Director report: Onofrey revi�wed permit and revenue numbers. Violations discussed along with cases currently working their way through the Court. Chair opened item 10: Zoning Technician report: Potter indicated she passed her Soils Tester license which is needed for doing septic inspections. She also reviewed monthly violations and matters resolved. Septic maintenance notices discussed. Chair opened item 11: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by McGwin and second by Krentz to approve the same; motion carried. The next meeting will be Wednesday, May 5, 2021 Chair adjourned meeting at 4:28 p.m. Bette Krueger Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE March 3, 2021@ 4:00 p.m. Services Center and Webex Virtual/In Person Meeting Members present: Chair: Ken Borzick; Kathleen McGwin; Dennis Fenner; David Krentz Member excused: Gayle Mack Others present: Tom Onofrey, Jean Potter, Bette Krueger; Tyler Kehoe; Pete and Diane Michels. Virtual attendance: Danielle Hunt; Nicole Wolf; Kaitlyn Kehoe; Mike Helminski; Sarah Wolfgram; Deborah Kelley Chair called the meeting to order and asked for a motion to approve the agenda; motion by Fenner, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes; motion by McGwin, second by Krentz; motion carried. Chair opened item 3: Citizens comments or concerns: None. Chair opened item 4: Discussion and decision on Tourist Rooming House license for Sarah Wolfgram, 5304 Tonyawatha Trail, Monona, WI 53716; property location is N8630 Third Ct., Town of Springfield. Potter indicated that all inspections and health licenses have been completed and all criteria met; this would be an occupancy permit of ten {10) people. There was a call to Potter wondering what a Tourist Rooming House was, which she explained. Chair asked for any comments or concerns from the committee; there were none. Motion by Fenner to approve the license; second by Krentz; motion carried. Chair opened item 5: Discussion and decision on Tourist Rooming House license for Deborah Kelley, 1000 Eric Lane, Waunakee, WI 53597; property location is N8687 3rd Ln., Town of Springfield. Potter indicated that all inspections and health licenses have been completed and all criteria met; this would be an occupancy permit of six (6). Potter indicated there were some emails with neighbors and all concerns/issues with neighbors have been resolved. Potter asked for any comments or concerns from the committee; there were none. Motion by McGwin to approve the license; second by Krentz; motion carried. Chair opened item 6: Discussion and decision on Tourist Rooming House license for Danielle and Kevin Hunt, P O Box 277, Lake Mills, WI 53551; property location is W8148 Eagle Court, Town of Westfield. Potter indicated that all inspections and health licenses have been completed and all criteria met; this would be an occupancy permit of four (4). There were several comments/concerns from neighbors. Discussion followed. Chairman Borzick asked if there were any comments or concerns from the committee; discussion followed. Chairman Borzick requested that the applicants and neighbor discuss the neighbor's concerns and possible solutions to address them. Chair tabled this item until the April 7, 2021 meeting. Chair opened item 7: Discussion and decision on Tourist Rooming House license for Tyler and Kaitlyn Kehoe, 149 W. Reynolds St., Cottage Grove, WI 53527; property location: W2692 Dakota Lane, Town of Crystal Lake. Potter indicated that all inspections and health licenses have been completed and all criteria met; this would be an occupancy permit of seven (7). Potter indicated that comments and concerns from neighbors were forwarded to Mr. Kehoe. Discussion followed. Chair asked for any comments or concerns from the committee; discussion followed. Fenner stated as Town Chairman he has concerns and has been contacted by two property owners. Fenner explained that in his opinion a tourist rooming house is not appropriate for a small lake such as Sandy Lake. Motion by Fenner to deny the request; there was no second. Motion failed. Motion by McGwin to approve the license with lowering the occupancy to four (4); second by Krentz. Discussion followed. McGwin amends her motion to approve the license with a total occupancy of six (6); second by Krentz. Discussion followed. Committee members in favor of approving the license: Borzick, McGwin, Krentz. Fenner voted not to approve the license; motion carried. Potter indicated that she would report back to the committee in July as to whether or not there have been any complaints to the sheriff's office. Chair opened item 8: Register of Deeds report: Krueger reviewed total numbers for 2020 and monthly numbers report; indicated that Nicole Ziebell, new Deputy, is doing well. Chair opened item 9: Director report: Onofrey discussed potential options for amending Chapter 70 to allow for chickens on lots of less than 2 acres, but not in the R-1 District. Onofrey reviewed matters being handled through Corporation Counsel. Onofrey discussed permit and revenue numbers for 2021 which are strong for this time of year. Onofrey updated the Committee on violations he has be handling. Chair opened item 10: Zoning Technician report: Potter reviewed monthly violations and matters resolved. Potter discussed her soil tester training and upcoming exam. Chair opened item 11: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Fenner, second by Krentz to approve the same; motion carried. The next meeting will be Wednesday, April 7, 2021 Chair adjourned meeting at 5:34 p.m. Bette Krueger Acting Secretary MARQUETTE COUNTY PLANNING AND ZONING COMMITTEE January 6, 2021 @ 4:00 p.m. Public Safety Room 103 and Webex Virtual/In Person Meeting Members present: Chair: Ken Borzick; David Krentz Members virtual: Kathleen McGwin; Dennis Fenner; Gayle Mack Others present: Tom Onofrey, Jean Potter, Bette Krueger, Dean Achterberg Tyler Maass and Michael Foght, both virtual. Chair called the meeting to order and asked for a motion to approve the agenda; motion by Fenner, second by Krentz to approve the agenda; motion carried. Chair asked for motion to approve the minutes from the previous meeting; motion by Krentz, second by Mack; motion carried. Chair opened item 3: Citizens comments or concerns: None. Chair opened item 4: Reopen a previously tabled public hearing on an application by Dean Achterberg, N8750 Currie Road, Portage, WI 53901 for a rezoning of Lot Seven (7), CSM 2507, being part of the SW ¼-NW¼ and the NW ¼-SW 1/4, Section 1 T14N,R8E, Town of Moundville, containing 43.98 acres, more or less, from a Prime Agriculture (AG-1) to an Agriculture Open Space (AO) District. Onofrey explained this matter was tabled from last month and sent back to the Town of Moundville Board, wherein the Board made a motion to rescind their previous motion and approve the request from AG-1 to AG3{4), for a five acre building site, and the remaining 38.98 acres be in the Farmland Preservation Overlay District which is allowed under the General Zoning ordinance. Mack asked if new notices needed to be sent out with the change. Onofrey explained that the Statute allows for an application to be amended if the initial request is denied by the Town. Onofrey stated that the Town Board after rescinding their previous motion then denied the application and amended it to AG-3(4) and FPO. Michael Foght {virtual appearance) realized that this property was not where he thought it was and had no further comment. Chair asked for questions/concerns from the committee; Onofrey explained that neighbors who attended the December meeting of the Committee did attend the Town of Moundville board meeting and there were no further objections following the Board's amendment of the request. Onofrey noted this would give the applicant one building site. Chair asked for further comments. None given. Chair closed the public hearing. Motion by Fenner to approve amending the application to rezoning 5 acres to Agriculture Residential {AG- 3{4)) and the remaining 38.98 acres to the Farmland Preservation Overlay District, and to forward it on to the County Board with the recommendation that it be approved; second by Krentz; motion carried. Chair opened item 5: Discussion and decision on Tourist Rooming House license for Tyler Maass, N5616 W Hill Road, Rio, WI 53960; property location N3418 Indian Echoes Lane, Town of Montello. Potter indicated that all inspections and health licenses have been completed and all criteria met; no comments or concerns from any neighbors. Potter asked for any comments or concerns from the committee; there were none. Motion by Krentz to approve the license; second by Mack; motion carried. Chair opened item 6: Register of Deeds report: Krueger reported that her former Deputy, Kiley Lloyd, is now our County Clerk and Nicole Ziebell has been sworn in as her new deputy. Chair opened item 7: Director report: Onofrey discussed year end revenue and permit numbers and updated the Committee on violations. Onofrey updated the Committee on the issue of allowing chickens in R-1 and on parcels smaller than 2 acres. Onofrey stated that the result of the Town survey was the majority being supportive of allowing with restrictions, however 3 towns with the most residential development are opposed. Onofrey explained that he will continue to work on the matter and will bring it back to the Committee. Chair opened item 8: Zoning Technician report: Potter discussed violations and permitting she has been working on, as well as the soils training, she has been continuing as she works toward her soil tester license. Chair opened item 9: Review and approval of Planning, Zoning and Land Information Department and Register of Deeds bills; motion by Fenner, second by Krentz to approve the same; motion carried. Chair adjourned meeting at 4:31 p.m. Bette Krueger Acting Secretary