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December 12, 2005 Bodart Rezoning Minutes

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 9.2 Acres of Land from Agriculture to Residential

Petitioner: Greg and Mary Bodart

December 12, 2005

6:00 PM

The Clerk made introductions.

Chairman Jim Reitzner called the meeting to order, noting that the hearing would be informal and all interested parties would be heard.

Also present at this meeting were: Randy Abitz, Tom Kramer, Glenn Becker and Roger Grade, along with petitioners Greg and Mary Bodart.

This property is located at N5468 Fairview Road in the Town of Lamartine and is more particularly described as: S28 T15N R16E Lot 1 CSM #6616-46-12 LOC in the NW1/4 SW ¼ (833610) 9.29 acres.

The Clerk read the letter of intent. The letter stated that the Bodarts had 9.2 acres of land they were requesting to be rezoned from Exclusive Agriculture to Residential to allow the selling of one lot approximately three acres at the north end of the property. There is a new mound and a shared well already on the property and no new driveways would be needed. Bernie Ritger has conducted soil test and the plan would be to install a new mound for the existing home and the current mound would be used for the new home.

Jim asked if the petitioner had any further comments or additions to his letter of intent. Mr. Bodart explained that the shed currently on this property would be removed, and no new driveways would need to be created. He explained that this newly created lot would have water, mound system, electric and a driveway already in place when the lot was sold. He noted the information he had sent with the letter of intent regarding the Fond du Lac County approved animal waste storage system abandonment project which he

followed to dispose of the pits etc., on the property when he purchased it. Along with maps, aerial photos marked where land had been disturbed and pits had been crushed and buried.

Chairman Reitzner asked the clerk to read the letter of opinion offered on this rezoning request from Fond du Lac County Planner Sam Tobias. The Clerk read a letter from Mr. Tobias’ office dated November 23, 2005. Tobias stated that the Bodart property was in the 60-69 category of farmland soil, which was not the best rating in the township. The Town Land Use Plan indicates agriculture as the future land use for the entire area around the Bodart property including their property. No shoreland, wetland or floodplain issues on this property. He ended his comments stating that this property was mostly a non-productive agriculture property and rezoning to allow for home construction as far as he was concerned has no impact on agricultural production in the township. Please see EXHIBIT “A” for a copy of this letter from Sam Tobias.

Jim asked if there was a letter of opinion from the Town Building Permit Issuer Pete Michels. The Clerk stated that no opinion was offered.

Discussion took place regarding a variance granted for this property approximately two years ago. The request was made by the previous property owner(s) to allow ten acres to be sectioned off with the buildings instead of the five acres the town ordinance permits. This variance was granted with a recorded deed restriction stating that no other residential buildings be allowed on this10-acre parcel. Due to legal advice the Town received at that time, the deed restriction was never recorded. Ed Montsma spoke with the Town Attorney Gary Sharpe regarding this issue. Atty Sharpe felt that it would be difficult to make this restriction binding now.

Tom Kramer made a motion to recommend to the Town Board that the Plan Commission approve the rezoning change from Agriculture to residential for the building of just one home in addition to the one current residence, with legal advice sought to make this legally binding. Glenn Becker seconded this motion.

Tom made a motion to withdraw the motion. Glenn seconded the withdrawal of the motion.

Tom Kramer made a motion to recommend to the Town Board approval of only 2.74 acres of the requested 9.2 acres to be zoned residential for the construction of only one one-family home and seek legal advice to make sure that no more than two total residences exist on this 9+ acre parcel of land. Glenn Becker seconded the motion. Jim called for a vote. Let the record show that five votes were cast with the following results:

Randy Abitz—NO, Roger Grade—YES, Tom Kramer—YES, Jim Reitzner—YES, and

Glenn Becker—YES.

The Plan Commission will recommend to the Town Board that this rezoning request be approved for the rezoning of 2.74 acres of land with a legally binding restriction that no more than two total residences be allowed on this 9+ acre parcel of land.

The following reasons were stated as reasons for recommending this rezoning.

From the TOWN OF LAMARTINE Zoning Ordinance Pages 27 & 28

70.6 Standards for Rezoning:

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

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.

This rezoning hearing was not adjourned at this time as another rezoning request was to be heard immediately following this hearing.

Respectfully Submitted,

Jill Randall, Municipal Clerk



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