September 12, 2005 Haney Rezoning

Town of Lamartine Plan Commission

Public Hearing

Rezoning of Approx. 11.25 Acres of Land from Agriculture to Residential

And 20 Acres of Land from Agriculture to Ag Transitional

Petitioner(s): Ed and Helen Haney

September 12, 2005

6:45 PM

The Clerk made introductions.

Chairman Jim Reitzner called the meeting to order, explaining that this hearing would be informal and all parties would have a chance to speak.

Present at this meeting were: Chairman Jim Reitzner, Randy Abitz, Tom Kramer, Dean Birschbach and Roger Grade, along with petitioners Ed and Helen Haney.

This property is located at W7604 Forest Ave Road in the Town of Lamartine.

The Clerk read the letter of intent. The letter stated that Mr. & Mrs. Haney had 31.53 acres of land and would like to rezone approximately 11.25 acres east of the Fond du Lac River to Fenner Road from Agricultural to Residential with the intent to sell three lots if the soil tests would pass. They would also like to rezone the remaining 20 +/- acres west of the Fond du Lac River to Nelson Road from Agricultural to Ag Transitional with the intent of selling this parcel in one piece.

Jim asked if the petitioner had any further comments or additions to their letter of intent. Ed Haney explained that there were existing roads and there would be no extra roads for the town to maintain. The land was not real good work land and was in the CRP program. The driveways to the lots would be off Fenner Road, which is a town road.

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. Concern was addressed that Fenner Road would not meet the criteria necessary for the additional traffic three more lots would produce. Ed reported that the river setback of 75 feet and the power line setback of 30 feet would not be a problem as there was enough land to comply with these setbacks.

A town resident stated that he was concerned that the natural beauty of the river environment would be destroyed with homes being built in this area.

Larry Conger stated that he had no problems with the lots but Fenner Road may be like Giebel & Sunnyside Roads that are more or less town driveways and the deed shows that the property owners own them. The Town Access (driveway) ordinance permits two driveways per town gravel road. If Fenner Road were a town driveway there would need to be a minimum 50-foot right-of-way for a minimum frontage to put a house

Tom Kramer made a motion that based on the lack of need for land to develop concerning the 20 acres requested to be rezoned to Ag Transitional and the road way being sketchy he�d make the motion that the town board denies these requests to rezone. Dean seconded the motion.

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 the rezoning request to rezone 11.25 acres from Agricultural to residential and the request to rezone 20 acres from Agricultural to Ag Transitional 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:

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.

5. The potential for conflict with remaining agricultural uses in the area.

9. The location of the proposed development to minimize the amount of agricultural land converted.

Randy made a motion seconded by Roger to adjourn the meeting. Motion carried.

Respectfully Submitted,

Jill Randall, Municipal Clerk