April 11, 2005 Conger Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning request of 15.791 Acres of Land from Exclusive Agricultural to Residential

Petitioner: Larry and Debbie Conger

April 11, 2005

6:45 PM


SE � of the SW � of Section 11 T15N R16E in the Town of Lamartine, Fond du Lac County, Wisconsin. The property is about a quarter mile South of Highway 23 on the East side of Fisher Road at the end of Treptow Lane. This parcel is Outlot 1 of Hickory Heights, the remaining land East of the existing development.

Larry and Debbie Conger, W7902 Forest Avenue Road, Fond du Lac, WI in the Town of Lamartine own this property.

Present at this meeting were Dean Birschbach, Randy Abitz and Tom Kramer.

Tom Kramer made a motion that Dean Birschbach act as chairman at this Plan Commission Meeting. Randy Abitz seconded the motion. Motion carried.

With all notices having been properly published and posted, Dean Birschbach called the meeting to order.

The Clerk made introductions.

The Clerk read the letter of intent. The letter dated March 21, 2005 sent on behalf of the Congers to the Town of Lamartine by Attorney Patrick Maddens office, stated that Larry Conger was requesting to have 15.791 acres of land rezoned from Exclusive Agricultural to Residential. The letter further stated the 15.791 acres of land requested to be rezoned was located about a quarter mile south of Highway 23 on the East side of Fisher Road at the end of Treptow Lane and is Outlot 1 of Hickory Heights a development that Mr. Conger has already began. Mr. Conger was asking for this rezoning to finish out the extension of Treptow Lane southerly to Forest Avenue Road and create 8 residential home sites fronting on both sides of this road. The Lot sizes would be 1.6 to 2.9 acres each and already contains a drainage swale and a storm water pond designed to handle drainage for the existing subdivision and the proposed lots and road extension. This leaves roughly a 13-acre �L� shaped field that is not easily farmed. The previous storm water management plan for Hickory Heights was approved by the County for the entire 33-acre parcel.

Dean asked if the petitioner had any further comments. Larry explained that he now had soil testing completed, surveying done and some electric and phone utilities were put in at the end of Treptow Lane.

Six of the nine lots in the current Hickory Heights sub division are sold. Outlot 1 was included in the stormwater plan as it is a requirement of the County.

Gail Sharpe the Realtor for the Conger�s property stated that the interest is high on this additional parcel.

Dean asked Pete Michels, Town Building Permit Issuer if he had an opinion on the granting of this rezoning. Pete explained that he felt that the town should continue with moderate growth and that some of these plans should be approved. He recommended that the rezoning be granted.

Attorney Madden noted that he had reviewed the Town of Lamartine Zoning Ordinance and the Town Future Land Use Plan and he was surprised that the plan was open minded and provided for rural residential growth along with the acknowledgement that this plan is a guideline for the town. He further noted that the Congers have requested this rezoning before and the Plan Commission had voted to recommend this rezoning to the Town Board.

There was no letter of opinion submitted by Fond du Lac County Sam Tobias. Attorney Madden spoke with Mr. Tobias and reported that Mr. Tobias told him that he had nothing further to say regarding this rezoning, he had in the past recommended the Town Board grant this rezoning and his opinion had not changed.

The Plan Commission discussed the zoning request, noting that responses to the Town survey were that the majority of the people wanted the town to remain rural not urban and that Ag 1 land should remain Ag 1.

Tom Kramer made a motion to recommend that the Town Board to approve the request to rezone this land. (15.791 acres of land from Exclusive Agricultural to Residential). Motion seconded by Dean Birschbach. Let the record show that three votes were cast with the following results: Tom�YES, Dean�YES, and Randy�No. Totals as follows: Two (2) votes for and One (1) vote against. This motion did not carry due to the fact that the Plan Commission had only three (3) members of the five (5) member board that attended the hearing, the vote had to be unanimous to recommend this rezoning. Therefore the Plan Commission could not recommend that the Town Board grant this rezoning.

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

Respectfully Submitted,

Jill Randall, Municipal Clerk