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August 4, 2014 Public Hearing Minutes CUP Norbert Sally Giebel Rev Trst

Town of Lamartine
Plan Commission (PC)
Public Hearing
RE: Request for a Conditional Use Permit – Norbert & Sally Anne Giebel Rev. Trust
August 4, 2014 6:30 P.M.
Lamartine Municipal Building Meeting Room (LMBMR)

Plan Commission Chairman Jim Reitzner called the meeting to order at 6:30 Pm at the Lamartine Municipal Building Meeting Room. Plan Commission members also in attendance at this meeting were, Dan Wepner, Tom Kramer and Marvin Bosveld. Jill Randall served as the PC Secretary at this meeting. Hearing notices were confirmed with affidavits for publishing and posting on file.
Jim stated that the purpose of this Public Hearing was to receive public comment and a recommendation from the PC regarding a request received for a Conditional Use Permit (CUP) to permit dividing an existing 5.7 acre parcel of land into two parcels consisting of an existing home on the northerly 3 acres and a proposed home on the remaining southerly 2.2 acres. Approximately 0.5 acres of the parcel is in existing road right of way and will be dedicated for that use. This land is currently zoned Intensive Farmland Preservation. The current land use is residential. None of the existing parcel is being used for farm land.

The PC Secretary read the Conditional Use Permit Application submitted by David Jacob, dba Jacob Land Surveying, LLC on behalf of the property owner: Norbert & Sally Anne Giebel Revocable Trust. The location of the petitioned Conditional Use is the SW corner of Jones Dr. and Forest Avenue Road; N6478 Jones Drive, Eldorado, Fond du Lac County, Wisconsin. More particularly described as:
A part of the Northwest ¼ of the Northwest ¼, Section 17, T. 15N.-R. 16E., Town of Lamartine, Fond du Lac County, Wisconsin. Parent Parcel Number: T12-15-16-17-06-002-00
The CUP was requested under Section 5.4 to divide an existing 5.7acre parcel into two parcels of land. One three acre parcel with existing home and a proposed home on the remaining southerly 2.2 acres. The CUP application was found to be complete and all fees paid in full.

Chairman Reitzner asked Town Chair, Frank Bartzen to shed some light on this process. Frank explained that this is one of the parcel that should have been zoned residential but the town has not gone through and rezoned all these parcel according to their use. This property is used as residential property that happens to be situated in the Intense Farmland Preservation Zone. Discussion took place regarding rezoning to residential instead of granting a conditional use. Frank stated that it is less expensive for the property owner and in the best interest of the town to grant a CUP rather than rezone all 5.4 acres residential.

Chairman Reitzner asked David Jacob if he had any other information or comments to add. David provided copies of a Certified Survey Map (CSM) to review the layout of the property. David stated that the soil testing is complete and on file at the county and the Town Board approved the Giebel CSM at the July Board meeting with the condition that a CUP is granted.

Chairman Reitzner asked if there were any comments in favor or in opposition to the request for a CUP. Pete Michels, Town Zoning Administrator stated that he had no objection to a conditional use permit being granted for this property.
Hearing no other comments he asked if the PC had any further questions or concerns. A concern was voiced regarding cattails on the south end of the road of this property. David explained that there is a navigable stream and they will have to comply with FDL County Shoreland and Zoning if they are within 300-feet of the stream.

With no further questions or comments, Tom Kramer moved that the Plan Commission recommend to the Town Board that this request for a conditional use permit to divide the 5.4 acre parcel in two to construct a home on the southerly parcel be granted. Marvin Bosveld seconded the motion. Chairman Kramer asked for a voice vote explaining that a yes vote would be to grant the CUP request and a no vote would be to deny the CUP request. Let the record show that four PC members voted (voice votes) with the following results:
Jim Reitzner – YES, Tom Kramer – YES, Dan Wepner – YES and Marvin Bosveld – YES.
Motion carried 4-0 to recommend approval of a Conditional Use Permit for the Giebel property as described above.

With no further business, Marvin Bosveld seconded by Dan Wepner moved to adjourn the public hearing. Motion carried 5-0 and the meeting adjourned at 6:50 PM.

Respectfully Submitted,
Town of Lamartine

Jill Randall, Municipal Clerk


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Town of Lamartine, Fond du Lac County, Wisconsin
N5367 Hillcrest Rd, Fond du Lac, WI 54937-9430
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