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March 13, 2006 Pinno Rezning Minute

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 7-Plus Acres of Land from Agriculture to Residential

Petitioner: Roland & Janet Pinno

March 13, 2006

6:45 PM

The Clerk made introductions.

Chairman Jim Reitzner called the meeting to order, noting that this hearing would be informal.

Also present at this meeting were: Chris Newton, Tom Kramer, Dean Birschbach and Roger Grade, along with petitioners Roland (Rollie) and Janet Pinno along with their attorney Patrick Madden.

This property is located on the Northeast corner of Fairview Road and Orchard Road in the Town of Lamartine. More particularly described as:

Section 28 T15N R16E W ˝ SE Ľ SW Ľ (V931-451) Town of Lamartine, Fond du Lac County.

The Clerk read the letter of intent dated January 30, 2006 from Mr. & Mrs. Pinno. The letter stated that the Pinno’s wished to have 7-plus acres of land rezoned from agricultural to residential with the balance of this

20-acre parcel to remain as agricultural wetlands. They wish to divide the 7-plus acres into four parcels to sell as building lots.

Mr. Pinno introduced his attorney Patrick Madden and stated that he would be handling this rezoning request for them.

Attorney Madden explained that the Fish and Wildlife Service was working with the Pinno’s on purchasing the balance of this parcel shown on the map distributed to the Plan Commission as Lot #5, 12.68 acres.

He further explained that the Fish and Wildlife Service was in favor of the four building lots. The lots because there were only four would not be subject to state approval. This was the highest, best use of this parcel.

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 letter dated February 21, 2006 from Mr. Tobias stated that this being 5 lots a subdivision plat would be necessary. Lot 5, the 12-acres of wetland, conforms to the future land use maps of both of the Towns Land Use Plans. Lots 1-4 do not conform to the future land use map in either plan. Lots 1-4 scored at the 70-100 level, the best agriculture soils in the township. Mr. Tobias concluded by stating that he could offer no clear-cut recommendations on this rezoning as the arguments for and against rezoning are about equal in his opinion.

Town Building Permit Issuer Pete Michels offered no opinion.

Attorney Madden offered a letter dated March 6, 2006 from Parker & Associates, Inc., Soil Scientists and Septic System Consultants. This letter offered an opinion on the suitability of the four lots for at-grade and mound systems. Mr. Parker felt it should not be difficult to locate suitable system sites on each of the proposed lots.

Discussion took place regarding this rezoning request. Concerns were addressed regarding the land being low, the fact that this soil was some of the highest rating soil in the township, shared driveways on the plan, and if this small subdivision would be a conflict with the wetland or area farming. Attorney Madden explained that the Fish and Wildlife Service was very happy with this residential lot plan. It was also noted that these lots would be sold at a more reasonable price than most other lots for sale in the township.

Chris Newton made a motion to recommend that the Town Board denies this request to rezone. Dean Birschbach seconded this motion. Jim Reitzner called for the vote explaining that a Yes vote would mean the recommendation would be to deny the request to rezone and a No vote would mean the recommendation to rezone should be granted. Five persons voted with the following results:

Jim Reitzner—Yes, Tom Kramer—Yes, Dean Birschbach—Yes, Chris Newton—Yes and Roger Grade—No. The Plan Commission will recommend to the Town Board that they deny this request to rezone 7-plus acres of land from Agriculture to Residential.

The following reasons were stated for denying 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 denying this request) #5, #6, #7, and #8.

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.

With no further business, Dean made a motion seconded by Tom to adjourn the meeting. Motion carried.

Respectfully submitted,

Jill Randall, Municipal Clerk



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Town of Lamartine, Fond du Lac County, Wisconsin
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