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December 12, 2005 Haney Rezoning Minutes

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 11.5 Acres of Land from Agriculture to Residential

Petitioner(s): Ed and Helen Haney

December 12, 2005

6:45 PM

The Clerk made introductions.

Chairman Jim Reitzner called the meeting to order, explaining that this hearing would be informal and all parties would have a chance to speak.

Present at this meeting were: Chairman Jim Reitzner, Randy Abitz, Tom Kramer, Glenn Becker and Roger Grade, along with petitioners Ed and Helen Haney.

This property is located at W7604 Forest Ave Road or more particularly described

Part of the N ¾ of NW ¼, NW ¼ Also that PT NE ¼ NW ¼ LYG W of

Fenner Road & N of LOT 1 CSM #3438-18-16 (V1146-126) in the Town of Lamartine.

The Clerk read the letter of intent. Dated October 24, 2005. The letter stated that Mr. & Mrs. Haney owned 31.53 acres of land and would like to rezone approximately 11.5 acres of land east of the Fond du Lac River to Fenner Road from Agricultural to Residential with the intent to sell two lots.

Jim asked if the petitioner had any further comments or additions to their letter of intent. Helen Haney explained that the land was not the best farmland and the Town has allowed building on better farmland than this is.

Chairman Reitzner asked if there was an opinion offered on this rezoning request from Fond du Lac County Planner Sam Tobias or Town Building Permit Issuer Pete Michels. The Clerk read a letter from Mr. Tobias dated November 23, 2005. In summary, Mr. Tobias stated that although the area for the proposed lots is small, the area appears to be in agricultural production. This information along with the items referenced from the Town plan lead him to recommend against rezoning for residential development. Please see EXHIBIT A for a copy of this letter from Sam Tobias.

Mrs. Haney stated that she had spoke with Mr. Tobias regarding their rezoning request and he stated that he did not see a problem with recommending that the rezoning be granted. Then days later she received a copy of his recommendation to the plan commission against rezoning for residential development. Helen then called Tobias and asked him why he changed his recommendation. She stated that Mr. Tobias explained to her that he had taken a closer look at the property and saw that there were crops growing on this land and felt it should not be rezoned. Mrs. Haney further stated that in her conversation with Tobias she told him that there have been no crops grown on this land for fifteen years, and he told her to tell the board that.

There was no opinion on this rezoning offered by Town Building Permit Issuer, Pete Michels.

Discussion took place regarding this rezoning. Tom Kramer made a motion to recommend to the Town Board to deny the rezoning based on the same reasons for denial as the last meeting. (This is the second time Haney’s have requested this rezoning) Randy Abitz seconded the motion. Chairman Reitzner called for a vote. Five votes were cast with the following results: Jim Reitzner—NO, Glenn Becker—NO, Tom Kramer—YES, Randy Abitz—YES and Roger Grade—NO. Motion failed.

Roger Grade made a motion to recommend that the rezoning be approved. Glenn Becker seconded the motion. Jim called for a vote. Five votes were cast with the following results: Jim Reitzner—NO, Glenn Becker—YES, Tom Kramer—NO, Randy Abitz—NO and Roger Grade—YES. Motion failed.

Jim Reitzner made a motion to suspend making a recommendation on this rezoning request until we have an opportunity to clarify Sam Tobias’ position. Randy seconded the motion. Jim called for a vote. Five votes were cast with the following results:

Jim Reitzner—YES, Glenn Becker—YES, Tom Kramer—NO, Randy Abitz—YES and Roger Grade—YES. Motion carried with four YES votes and one NO vote. The Plan Commission will seek clarification on Mr. Tobias’ opinion and then re-adjourn to discuss the Haney rezoning in public as a special agenda item on Monday, January 9, 2006. The time is yet to be decided.

Tom made a motion seconded by Glenn to adjourn the meeting. Motion carried.

Respectfully Submitted,

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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