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January 21, 2008 Special Town Board Meeting Minutes

Special Town Board Meeting Minutes
Dated: January 21, 2008

With all notices having been properly posted Frank Bartzen, Chairman called the Special Town Board meeting to order at the Lamartine Municipal Building Meeting Room at 7:30 Pm.

Supervisors Mike Suprenand and Bruce Rhode, Treasurer Greg Michels and Clerk Jill Randall were in attendance at this meeting. Also present was the Town’s Attorney Paul Rosenfeldt, petitioners Ed & Helen Haney, the Haney’s attorney Patrick Madden and their land surveyor David Jacob, along with interested town residents.

Frank stated that the purpose of this meeting was to decide the Haney Rezoning request to rezone approximately 9.8 acres of land from Agriculture to Residential which would create two lots to be sold for new home construction. This property is owned by Ed and Helen Haney, W7604 Forest Ave Road, Fond du Lac, WI in the Township of Lamartine. More particularly described as:

That part of the NW ¼ of the NW ¼ and the NE ¼ of the NW ¼ of Section 13, Town 15 North, Range 16 East, Town of Lamartine, Fond du Lac County, Wisconsin. (Parcel I.D. No. T12-15-16-13-06-001-00)

Frank offered the following procedures for anyone wishing to comment for or against this rezoning request.

1. Person speaking should move to the front of the room as the meeting was being recorded
2. Speak clearly their name and address
3. Only one person speaking at a time

Frank asked the Vice Chairman of the Plan Commission (PC) if they had a recommendation. Vice Chairman, Dean Birschbach reported that the PC had voted 4-0 to recommend approving the rezoning conditional on the property owner being made responsible for any damage done to Fenner Road during construction of the new homes on these two lots.

Discussion took place regarding this rezoning request. Town Board members reviewed the nine rezoning points from the Town of Lamartine Zoning Ordinance, 70.6 Standards for Rezoning. The main concern of the Town Board was related to the road being a sub standard dead end road with no turn around. Adding two more homes with driveway access on to Fenner Road did not seem practical. David Jacob produced a map of the property and pointed out to the Board that there was room on the Haney’s property at the end of Fenner Road for a tear shaped cul-de-sac. Mr. & Mrs. Haney stated that they would be willing to dedicate the property necessary for an offset cul-de-sac to be constructed at the end of Fenner Road. Further discussion took place. Frank made a motion to approve the rezoning of the land effective upon the petitioner dedicating sufficient land for a future 80-foot offset cul-de-sac, or whatever size the towns’ new Subdivision Ordinance states, with a sunset date of five years. Petitioner is responsible to keep all construction traffic off of Fenner Road. Costs of repair of the road to be borne by the petitioner during construction. Frank then amended this motion to state that the size of the cul-de-sac be 80-feet or the size required in the newly drafted Town Subdivision Ordinance or whatever is less. Mike seconded this motion. A ballot vote was asked for with Frank stating that a YES vote would mean the rezoning would be approved and a NO vote would mean the rezoning was not approved. Let the record show that three votes were cast with the following results: Frank—YES, Mike—YES and Bruce—NO. The Town Board voted 2-1 to grant the rezoning request to rezone approximately 9.8 acres of land from Agriculture to Residential. The Board sited the following reasons 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, #4 and #9.

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

The Board also stated that the PC recommendation to approve this rezoning was also a reason for granting this rezoning.

Mike seconded by Frank made a motion to destroy the ballots. Motion carried 3-0.

With no further business to discuss, Bruce seconded by Mike moved to adjourn the special town board meeting. Motion carried 3-0. Meeting adjourned at 9:02 Pm.

For further details regarding this rezoning please see Public Hearing Minutes for the Haney Rezoning Request Dated: January 21, 2008. All correspondence, maps publishing affidavits regarding this rezoning are on file in the clerk’s office.

Respectfully Submitted,

Jill Randall, Clerk



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Town of Lamartine, Fond du Lac County, Wisconsin
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