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January 9, 2006 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

January 9, 2006—Decision tabled from the Dec. 12, 2005 Hearing

Note: Please see Haney Rezoning Minutes dated: Dec. 12, 2005 for all background information on this rezoning,

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

Chairman Jim Reitzner called the meeting to order. Chairman Reitzner explained that the Plan Commission’s recommendation to the town board on the Haney rezoning request, originally heard on December 12, 2005, had been tabled pending a clarification of Fond du Lac County Planner, Sam Tobias’ opinion on this rezoning.

Jim read a letter he wrote to Mr. Tobias dated December 13, 2005. (Exhibit A)

The letter stated that the Town of Lamartine Plan Commission tabled a rezoning petition by the Haney’s due to the petitioner’s contention that Mr. Tobias supported her request and then changed his opinion and sent the commission a letter recommending that the request to rezone be denied. Tobias was asked to explain his reason for his opinion and why he felt this land should remain as Ag-1.

Mr. Tobias responded with an email to the clerk dated January 9, 2006. (Exhibit B)

The email explained that Mrs. Haney and Mr. Tobias had spoke regarding the Haney rezoning request and that Mrs. Haney had told Tobias that he was wrong on two counts on the memo he wrote regarding their rezoning petition. The land requested for rezoning was not cropland, which he had indicated it was after viewing a 2000 aerial photograph and the land the proposed lots would sit next to, was a working farm, the Fenner property. This also was incorrect as the land is in set aside. Tobias stated that his basic opinion remains unchanged. Land in set aside can always be put back into productive agriculture use and once homes are built on Ag land there is no going back. Tobias further stated that the zoning board and the town board both know that these rezonings are their business and their decisions.

Discussion took place. Roger Grade made a motion to recommend to approve the rezoning request to the Town Board. Glenn Becker seconded this motion. Chairman Reitzner called for a vote. Five votes were cast with the following results: Jim Reitzner—YES, Glenn Becker—YES, Tom Kramer—NO, Randy Abitz—NO and Roger Grade—YES. The Plan Commission voted three—YES and two—NO to recommend to the Town Board that this rezoning request to rezone 11.5 acres of land from Agriculture to Residential be approved.

The following reasons were stated for recommending this rezoning:

TOWN OF LAMARTINE Zoning Ordinance Page 27 & 28

70.6 Standards for Rezoning

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.

With no further business to discuss Roger seconded by Randy made a motion to adjourn. Motion carried.

Respectfully Submitted,

Jill Randall, Municipal Clerk



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Town of Lamartine, Fond du Lac County, Wisconsin
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