January 10, 2005 Leden Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 5.424 Acres of Land from Exclusive Agriculture to Residential

Petitioner: Jack Leden

January 10, 2005

6:30 PM

The Clerk made introductions.

Dean Birschbach called the meeting to order. He announced that Chairman Jim Reitzner was unable to attend the meeting so an acting chairman would have to be appointed. Tom made a motion that Dean act as chairman at this meeting. Roger seconded the motion. Motion carried 4-0.

Present at this meeting were Roger Grade, Dean Birschbach, Tom Kramer and Randy Abitz. Also present were petitioner Jack Leden and his son-in-law David Tavs.

Jack Leden, N5745 Fairview Road, Fond du Lac, WI in the Town of Lamartine own this property. The property is more particularly described as follows:

S21 T15N R16E Lot 1 CSM#3504-19-63 Loc in SE � SW � (V802-746 & V1169-564) 5.42A. in the Town of Lamartine, Fond du Lac County.

The Clerk read the letter of intent dated Dec. 10, 2004. The letter stated that Mr. Leden was requesting a rezoning of approximately 5.424 acres of land from Exclusive Agricultural to Residential for the purpose of sectioning this property off into three residential lots, one being his current residence and creating two lots for new home construction. One lot would be for his daughter and son-in-law. The two new lots would be approximately 1.5 acres each.

Dean asked the petitioner if they had any other information regarding this rezoning.

Mr. Leden stated that the letter of intent stated what he wanted to do and nothing had really changed.

Fond du Lac County Planner, Sam Tobias in an email to the Clerk dated December 23, 2004 stated that the Leden property had no floodplain or shoreland zoning issues. He further stated that the sketch offered to him for a reference to the property if surveyed off in the same way would not be acceptable, as each lot must have frontage and access through that frontage to a public road. The soils in the area are rated under 70 in the town plan, the long-term plan for the area is for agriculture. He noted that residential zoning is immediately west of Center Road (Fairview Rd) and the Pinno land was recently rezoned to allow further residential development close to the Leden property. The Leden property is surrounded on three sides by an active farm and cropland. His recommendation was not to rezone this property, as there are opportunities to purchase home lots across the road in a new development as his opinion was that permitting residential development surrounded by active farm land sets up potential conflicts between land uses.

The Plan Commission discussed this rezoning request. Noting a concern about each lot having frontage and access to a public road.

Tom made a motion that the Plan Commission recommend that the property be rezoned from Exclusive Agriculture to Residential for the 5.424 acres requested with the stipulation that no more then three total lots be on this property. Randy seconded this motion. Let the record show that four votes were cast with the following results: Dean�YES, Roger�YES, Tom�YES and Randy�YES. Motion carried. yThe Plan Commission will recommend this rezoning to the Town Board. The following reasons were stated for recommending the granting of this rezoning:

Town of Lamartine Zoning Ordinance; Page 27 & 28�7.6 Standards for Rezoning:

#1�Adequate public facilities to serve the development are present or will be provided.

#2�Provision of these facilities will not be an 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, Roger made a motion seconded by Tom to adjourn the meeting. Motion carried.

Meeting adjourned at 7:25 Pm.

Respectfully Submitted,

Jill Randall, Municipal Clerk