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June 20, 2017 Plan Commission Public Hearing - ZABEL FAMILY TRUST-Rezoning Request

Town of Lamartine Plan Commission
Public Hearing
Petitioner: Zabel Family Trust
June 20, 2017 at 6:30 PM

The Town of Lamartine Plan Commission (PC) held a public hearing in response to a request to rezone (+/-) twenty (20) acres of land, from Concentrated Farmland Preservation District to Rural Residential. The property is described as follows:
Parcel I.D. No. T12-15-16-08-02-001-00 described as the South ½ of the NW ¼ of the NE ¼ of Section 8, Town 15 North, Range 16 East, Town of Lamartine, Fond du Lac County, Wisconsin.
This property is located on Giebel Road in the Town of Lamartine. Property is owned by Zabel Family Trust, C/O Jordan Zabel.
Chairman Jim Reitzner called the meeting to order at 6:35 PM. Plan Commission (PC) members also present at this meeting were: Dan Wepner, Carol Kinyon, Tom Kramer and Glenn Becker. Plan Commission Secretary, Jill Randall, Jeff Butzke, P.L.S., Representing the Petitioner and Jessica Jaber, potential buyer. Please see the meeting sign-in attendance sheet for other attendees filed with these minutes.

Proper hearing notice was confirmed. Also for the record, adjacent property owners were mailed a letter by the town informing them of this rezone request. The Secretary read the Rezoning Application aloud.

Chairman Reitzner invited the petitioner to explain their request to rezone this property. Jeff Butzke spoke on behalf of the Zabel Family Trust. He explained that the Zabel’s were in the process of selling some land and this (+/-) 20-acre parcel was being considered for purchase by Jessica Jaber. This sale is contingent upon rezoning the property from Concentrated Farmland Preservation District to Rural Residential. The plans for this property are to construct a non-farm residence and hobby farm. The actual acreage is 19.501 a. with the 33-feet road right of way dedication.

Chairman Reitzner asked for any Public Comments: Linda Schenk (Revocable Trust), W8923 Johnson Road, Eldorado,
Questioned where exactly the 20-acres of land being petitioned for rezoning was located in relationship to her property. Ms. Schenk also voiced concern that if this rezoning was granted the town may be setting a precedence and would then have to rezone any other property that brought a rezoning request for this area. She also was concerned that the rural character of this area would be lost if too much land was rezoned. Carol Kinyon explained that with this rezoning request only one residence would be allowed on this (+/-) 20 acre parcel.
With no further comments, Chairman Reitzner closed the public comment portion of the hearing.

Chairman Reitzner read aloud an email dated June 20, 2017 received from Sam Tobias, Fond du Lac County Planner, regarding his review of this rezoning request. Tobias explained that the Zabel property is planned for farmland preservation but much of the property is unsuitable for agriculture or development. The back two 40 acre parcels are poorly drained soils and are mapped wetlands by the DNR. None of those 80-acres are suitable for agriculture or anything else but hunting. There appears to be no agriculture going on anywhere on this property. The land across Giebel Road is mapped for non-agricultural use and he saw this zoning request as an expansion of that non-ag area and in his opinion this proposed rezoning has no significant impact on the county farmland preservation plan.

Plan Commission discussed the rezoning request. In summary the PC agreed with Sam Tobias’ opinion. Chairman Reitzner asked that the following statement be added to the record, “If this rezoning request is granted the petitioner or buyer will not be back later and ask the town why a large farming (milking) operation was allowed near the property. He wants it clear to them that there is the potential for this to happen in this area.” Mr. Butzke explained that Dodge County ads a note to the survey so owners are aware of “the right to farm”. This is something the town should consider adding to this survey.

Tom Kramer moved that the Plan Commission recommend to the Town Board that this rezoning request be granted and +/- 20 acres of land be zoned to Rural Residential with the condition that the “Right to Farm” language per Mr. Butzke be added to the certified survey map. Glenn Becker seconded the motion. Chairman Reitzner called for a vote with the following results: Jim Reitzner—YES, Dan Wepner—YES, Carol Kinyon—YES, Glenn Becker—YES and Tom Kramer—YES. Motion carried 5-0.

Chairman Reitzner asked the secretary to represent the Plan Commission and give the PC’s recommendation to the Town Board at the Special Town Board meeting immediately following this public hearing.
With no further business, Glenn Becker seconded by Dan Wepner moved to adjourn the meeting. Motion carried 5-0 and the meeting adjourned at 6:55 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Plan Commission Secretary


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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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