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April 10, 2006 Frieler Rezoning Minutes

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 2.8 Acres of Land from Agriculture to Industrial

and 2.2 Acres of land from Agriculture to Residential

Petitioner: Gregg & Mary Frieler

April 10, 2006 6:30 PM

The Clerk made introductions.

Please Note: The Frieler rezoning request for 2.8 acres to commercial was requested as the petitioner wanted to match the zoning of the land immediately adjacent to this property where his business is located. After the request was submitted, Fond du Lac County Planning informed the clerk that the Frieler’s business property was zoned industrial. Therefore the request was made for an industrial rezoning instead of commercial so these two parcels adjacent to each other would be zoned the same.

Chairman Jim Reitzner called the meeting to order, noting that this hearing would be informal.

Also present at this meeting were: Chris Newton, Tom Kramer, Dean Birschbach and Roger Grade, along with petitioners Gregg and Mary Frieler and a few town residents.

The property is located near W8797 Johnson Road, Eldorado, in the Town of Lamartine. More particularly described as being:

Located in part of the NE Ľ, of the SW Ľ, of Section 4, Town 15 North, Range 16 East, Town of Lamartine, Fond du Lac County.

The Clerk read the letter of intent dated February 23, 2006 from Mr. & Mrs. Frieler. The letter stated that the property currently consists of a 5 acre parcel zoned agricultural with a 48x72 building and septic system on it. Their intent was to split this parcel into 2 pieces, as part of their marital settlement agreement. The Frieler’s were originally told that the township would not require this to be rezoned, so the survey (CSM) was completed and signed by the town. County Planner, Sam Tobias, would not sign the CSM because the parcels did not fit the parameters of agricultural land so he requested that a rezoning take place before the parcels could be recorded. The Frieler’s felt the zoning change that seemed to make the most sense would be to rezone proposed New Lot 3, which is 2.8 acres of bare land to Commercial (Industrial) as it is situated between 2 existing lots zoned Commercial (Industrial) and fronts on Highway 23. New Lot 2, which is 2.2 acres and contains an existing building and septic system, should be rezoned Residential, as it is adjacent to the Frieler residence and fronts on Johnson Road. The Frieler’s noted that this request was only being made in order to make these parcels fit the zoning ordinances of Fond du Lac County so this property split could take place, and that there were no further plans for either of these parcels.

The petitioner had no further comments or additions to their letter of intent.

Discussion took place regarding this rezoning.

No letters of opinion were offered by, Sam Tobias or Town Building Permit Issuer, Pete Michels.

Dean Birschbach made a motion that the Plan Commission recommends to the Town Board that this rezoning request be granted. Roger Grade seconded the motion. Chairman Reitzner explained that a YES vote would mean the recommendation to rezone should be granted. A NO vote would mean the recommendation to rezone would be to deny the rezoning request.

Five votes were cast with the following results: Tom Kramer—NO, Jim Reitzner—YES, Roger Grade—YES, Dean Birschbach—YES and Chris Newton—YES. The Plan Commission voted 4 to 1 to recommend to the town board that this rezoning request to rezone 2.8 acres of land from Agricultural to Commercial/Industrial and 2.2 acres be rezoned from Agricultural to Residential.

The following reasons were stated for granting this rezoning. From the Town of Lamartine Zoning Ordinance, Dated June 8, 1998, Pages 27 and 28.

70.6 Standards for Rezoning (These Standards for Rezoning are listed in their entirety. The highlighted items are those given by the Plan Commission as reasons for recommending the granting of this request) #1, #2, #3, and #4.

1. Adequate public facilities to serve the development are present or will be provided.

2. Provision of these facilities will not be unreasonable burden to local government.

3. The land is suitable for development.

4. Development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.

5. The potential for conflict with remaining agricultural uses in the area.

6. The need of the proposed development location in an agricultural area.

7. The availability of alternative locations

8. The productivity of the agricultural lands involved.

9. The location of the proposed development to minimize the amount of agricultural land converted

With no further business, Chairman Reitzner stated that the Plan Commission would move to the next rezoning request.

Respectfully submitted,

Jill Randall, Municipal Clerk



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Town of Lamartine, Fond du Lac County, Wisconsin
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