Town of Beaver Dam

Planning Committee Meeting

Oct. 24, 2011

Chairman Al Matuszeski called the meeting to order at 7:04 pm

Roll Call: Al Matuszeski, Donna Schauer, Bob Tietz, Larry Braker and Michael Firchow

Tom Zeamer, LUA, also present

In Cheryl Goodrich’s absence, Michael Firchow will keep minutes

Minutes from the August 29, 2011 Planning Commission meeting were read.  Donna Schauer made motion to approve minutes with an amendment correcting the spelling for Keystone Funeral Home.  Larry Braker seconded.  All in favor, motion carried.

The first order of business is to act on the application of MSA Professional Services, agent for William Bohl Trust, for a minor land division/Letter of Intent to create a 1.00 acre lot in parcel #004-1114-0922-001, located at N6828 County Road G, South of Beaver Dam.  Dick Leistikow from MSA was present as well as William Bohl, the applicant.  Donna Schauer requested clarification from MSA of the proposed lot being that the overview map possessed an “area of question”.  The Planning Commission was provided with an explanation that the proposed new lot will incorporate the home and garage to the north of the existing lot whereas the existing parcel incorporates both garages and the house to the south.  Larry Braker made motion to approve.  Seconded by Donna Schauer. All in favor, motion carried.

The second order of business is to act on the application of Tim Fletcher, for a Conditional Use Permit to allow for the operation of a tavern and an auto dealership in a C-1 zoning district for parcel #004-1114-0244-020, located at W7771 State Road 33, East of Beaver Dam.  Present was Tim Fletcher applicant and Tim Bartol owner of adjacent parcel.  Tim Fletcher stated that no cars were being kept onsite and simply using the address for physical address for WI auto sales licensure whereas his business is internet based.  Based on interior square footage as it relates to the Town’s requirement for exterior parking stalls, per Tom Zeamer, LUA, the requirement has been met.  Discussion of a joint CUP ensued relating to the operation of two dissimilar businesses on the same site and in the same building.  Per Tim Bartol, he believed that the state disallows licensure to an auto sales business shared with a restaurant and for each physical location of an auto dealership, each location must also allow for a showroom with a minimum space requirement of one car.  Tim Fletcher requested that the CUP application be amended to only allow for a tavern at that location and he would cease to operate the internet based auto sales business from that location.  Larry Braker made motion to approve the CUP for the Tavern and to discontinue to the CUP for the car dealership at the location. Seconded by Michael Firchow, All in favor, motion carried.

The third order of business is to act on the application of New Frontier Land Surveying, agent for Michael Zimmerman for a Minor Land Division/Letter of Intent for parcel #004-1114-0713-016, located on Zimmerman Drive.  This is a follow-up from the August 29, 2011 Planning Committee Meeting from a follow-up from the March 30, 2009 Planning meeting.  Present were Brad Johnson from New Frontier, Michael Zimmerman, the applicant, Ken Ferstl an adjacent lot owner.  Brad Johnson stated that he did not change the placement of the driveway nor change the split on the CSM and prepare a new CSM as discussed at the August 29, 2011 meeting.   The Planning Commission reiterated the conversations from the last meeting relative to flooding in the area.  Mr. Johnson stated that the property is not in a flood plain, meets the lot size requirements and should be approved for minor land division.  Donna Schauer read the Town Code 54-10 regarding Land suitability.  The Planning Commission discussed numerous instances of flooding in the immediate area and the prior installation of an overflow culvert on Zimmerman Drive to help alleviate the flooding.  Much discussion that in the spring of this year the area still flooded which could be the result of the culvert having been installed too high, the existing culvert being too high or too small in diameter as well as the possibility that some of the retention ponds in the area may not be deep enough to handle the water and flooding issues in the area.  Much discussion continued with Jeff Schmitt speaking on behalf of the applicant recommending to the commission to approve the land division because the onus for water runoff and flooding concerns should not fall on the expense of the developer.  Michael Firchow of the Planning Commission responded by reiterating 54-10 Land Suitability and that no plan for water runoff has been supplied and there is no evidence that flooding has been mitigated.  Ken Ferstl shared with the Plan Commission pictures from spring of 2011 showing significant flooding on his land.  Another minor land division would create an additional residential lot which in turn would create additional impervious surfaces such as another driveway, septic holding tank, a garage and a home.  Until evidence is provided to the Planning Commission that all potential flooding has been mitigated, and adequate watershed runoff plans have been provided, the commission cannot approve the application.  Michael Firchow made a motion to deny the application, seconded by Donna Schauer.  All in favor of Denying the application for minor land division, motion carried.  Brad Johnson requested an application from Tom Zeamer, LUA, for the Board of Appeals, Zoning Variance Application.

The fourth order of business is to act on the application of Bill and Frieda Kern for a Minor Land Division/Letter of Intent and a CUP to allow a non-farm residence in an A-2 zoning district for parcel#004-1114-2214-000, located at N5983 S Crystal Lake Road.  Present was Frieda Kern.  She said that she intends to have her son build his home on the parcel.  Discussion ensued regarding the cities extraterritorial jurisdiction.  Michael Firchow made a motion to approve, Larry Braker seconded, Al Matuszeski voted against, all others voted in favor, motion carried.

Nate Olson from Dodge County Land Use Department made a presentation regarding the Town’s Comprehensive Plan.  Maps were discussed.  Planning Commission discussed the creation of a Boundary Agreement with the City of Beaver Dam.  Donna Schauer recommended that Nate establish an informational meeting for the general public.  The Planning Commission recommends to the Town Board to draft and pursue a Boundary Agreement with the City of Beaver Dam.  December 7, 2011 at 7 pm at the Town Hall will be a joint meeting with the Planning Commission and the Town Board to discuss the Comprehensive Plan.

Motion made by Larry Braker to adjourn, seconded by Michael Firchow, all in favor, motion passed.