September 12, 2005 Bodart Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 10 Acres of Land from Agriculture to Residential

Petitioner: Greg Bodart

September 12, 2005

6:00 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: Randy Abitz, Tom Kramer, Dean Birschbach and Roger Grade, along with petitioners Greg and Mary Bodart.

This property is located at N5468 Fairview Road in the Town of Lamartine.

The Clerk read the letter of intent. The letter stated that Mr. Bodart had ten acres of land he wanted to divide into three separate three plus acre lots. To do this he was requesting a zoning change from agriculture to residential.

Jim asked if the petitioner had any further comments or additions to his letter of intent. Mr. Bodart explained that he would like to divide the ten acres into four lots. Two lots would be approximately 2.5 acres and the two remaining lots would be approximately 2.2 acres. The four driveways would come out on to Fairview Road.

Mr. Bodart explained that the property was in very poor condition when he purchased it, and described some of the things he did to improve the property. The Plan Commission inquired as to what was buried on the property. Mr. Bodart stated that a foundation was buried on the property in different locations in the back lot according to a foundation disposal plan create by the Ag Department. He had not brought the plan with him to the hearing. Mr. Bodart further explained that the one remaining shed on the property would be removed soon.

Chairman Reitzner asked if there was an opinion offered on this rezoning request from Fond du Lac County Planner Sam Tobias or Town Building Permit Issuer Pete Michels. The Clerk stated that no opinions offered from either party.

Discussion took place regarding this rezoning. A variance request by the previous owner to have ten acres left with the buildings instead of the five acres the town ordinance permits was granted with a restriction that no building was to occur on the north side of the shed. Concern was also addressed regarding this land being low and possibly disturbed/excavated at one time or another and the feasibility of the soil test passing for a septic system was not good. Mr. Bodart stated that he had not had soil testing done but Semanas assured him that mound systems would go in the back lots and this area had never been disturbed.

Dean Birschbach made a motion seconded by Roger Grade to recommend to the Town Board that this rezoning request to rezone ten acres of land from Agricultural to Residential be denied. Let the record show that five votes were cast with the following results: Jim�YES, Roger�YES, Tom�YES, Randy�YES, and Dean�YES. The Plan Commission will recommend to the Town Board that this rezoning request be denied.

The following reasons were stated for not recommending this rezoning.

From the TOWN OF LAMARTINE Zoning Ordinance Pages 27 & 28

70.6 Standards for Rezoning:

3. The land is suitable for development.

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.

This rezoning hearing was not adjourned at this time as another rezoning request was to be heard immediately following this hearing.

Respectfully Submitted,

Jill Randall, Municipal Clerk