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Plan Commission
Monday, May 4 2009
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that the Plan Commission of the Town of Taycheedah will meet on Monday, May 4th, 2009, at 6:30 p.m., at the Taycheedah Town Hall for the purpose of making a recommendation to the Town Board on the petition of Lindsey S. Bovinet and Susan L. Fiebig to rezone the following described property from Residential without public sewer (R-2) to Business without public sewer (B-2):

A portion of Lot 10: Town 16 North, Range 18 East, Lot 10 OF CSM #7024-50-31, located in the SW 1/4 of the SW 1/4 Section 21 & SE 1/4 of the SE 1/4 of Section 20 (834201) 1.826A

A portion of Lot 11, Town 16 North, Range 18 East, Lot 11 OF CSM #7024-50-31, located in the SW 1/4 of the SW 1/4 of Section 21 and the SE 1/4 of the SE 1/4 of Section 20 (834201) 1.708A

The properties are located at W4099 Kiekhaefer Parkway and W4101 Kiekhaefer Parkway.

PLEASE TAKE FURTHER NOTICE that the Town Board will meet on Monday, May 11th, 2009, at 7:30 p.m. at the Taycheedah Town Hall for the purpose of considering the recommendation of the Plan Commission and to act on the above petition. This petition is being reheard due to an alleged procedural error that occurred at the February 16, 2009 initial hearing.

Town Board members may be in attendance at the Plan Commission hearing.

Dated this 23rd day of April, 2009.

Brenda A. Schneider, Town Clerk




MINUTES

The Town of Taycheedah Plan Commission conducted a public hearing on Monday, May 5th, 2009, at 6:30 p.m., at the Taycheedah Town Hall, for the purpose of making a recommendation to the Town Board on behalf of Lindsay Bovinet & Susan Fiebig’s request to rezone approximately 2.034 acres of their property from R-2 (Residential without public sewer) to B-2 (Business without public sewer). The parcels are located at W4099 Kiekhaefer Parkway and W4101 Kiekhaefer Parkway. Members present were Chairman John Wagner, Bud Sabel, Tim Simon, Bill Spieker, Joan Simon, Joe Thome and Secretary Brenda Schneider. Member absent was Leon Schneider.

The Oath of Office was administered to Joe Thome, Tim Simon and Joan Simon.

Chairman Wagner called the public hearing to order at 6:32 p.m.

Lindsey Bovinet & Susan Fiebig propose to operate Moondance Bed & Breakfast Studio/Gallery. Their proposal is as follows:
• Rezone the parcel from Single Family Residential without public sewer to Business without public sewer.
• Move the lot line between Lot 10 and Lot 11. The rezone request is for the altered Lot 10 only. They intend to reduce the size of Lot 11 to the minimum size of 1.5 acres.
• Lot 10 currently hosts a guest house with an existing apartment in the upper level and a 3 car garage on the lower level. Lot 10 also has a 4 car detached garage behind the guest house.
• Convert the guest house located at W4099 Kiekhaefer Parkway into the bed & breakfast. The conversion would include converting the lower garage into two suites. They expect visiting artists will take advantage of their accommodations.
• Propose building a new studio building. The studio would house a gallery, a multi-media studio, a woodworking studio and a small scale instructional area.
• They plan to show other artists’ work in the studio.
• They expect their proposal would be low impact to the neighborhood and low noise impact.
• Bovinet & Fiebig are willing to place restrictions on the property upon its sale.
• The Plan Commission’s recommendation during the February 3rd meeting was to contact Attorney John St. Peter. Mr. Bovinet read aloud Attorney St. Peter’s letter dated 2/9/09; which suggests the property could be rezoned with a deed restriction limiting the use of the land to a retail art studio and bed & breakfast.
• Mr. Bovinet pointed out that there are two nearby properties zoned business that are surrounded by residential. One being the pottery business and the other is the former Rick Mand property; both of which are located on CTH WH.
• He currently has a studio in the garage portion of the second building and Fiebig has a studio in the house garage.
• The development could take 1-5 years.
• The new building is limited in size by the R-2 zoning.
• Both current structures are using one septic tank. Testing and possibly a new system will need to be done for the bed & breakfast.
• Moondance would be a significant enhancement to the area and the Town.
• They anticipate conducting an art exhibit once every two months. If successful, there may be classes Thursday, Friday, and Saturday.

Mark Kirschling, W4123 Kiekhaefer Parkway, presented the following comments:
• It is a unique project.
• The owners are willing to place a condition on their property; which is a plus.
• The property slopes at the site of the proposed building.
• He doesn’t see disruptions to the neighborhood.
• It is a costly endeavor that would be aesthetically pleasing.

May 5th, 2009 Plan Commission Public Hearing 2.
Lindsey Bovinet & Susan Fiebig rezone R-2 to B-2

Mary Alaniz, W4115 Kiekhaefer Parkway, presented the following comments:
• She lives next door to the proposed project.
• She asks that the Plan Commission protect the area as a single-family residential neighborhood.
• The proposal will impact their property values.
• Rezoning the property would set precedence.
• The ceramic studio on CTH WH is a small quiet shop. The two art businesses can not be compared.
• The new building would be next to them.
• She is concerned about additional traffic and noise.
• The Comprehensive Plan plans for Kiekhaefer Parkway to remain a single-family area.

Barb Sotelo, W4106 Kiekhaefer Parkway, presented the following comments:
• She agrees with Mary Alaniz.
• Art exhibitions have the potential to grow into large businesses; which would increase traffic and noise.
• The Little Farmer was once a small business operation.

Carol Jewett, W4148 Kiekhaefer Parkway, presented the following comment:
• Carol and her husband, Earl, support the project 100%.

Jamie Fiebig, N8186 Lakeview Road, presented the following comments:
• He was recently at an art exhibit in the City of Madison. There were 50-60 people in attendance. They were sipping wine, snacking and admiring the art. They were not noisy.

Frank Alaniz, W4115 Kiekhaefer Parkway, presented the following comments:
• He has invested over $100,000 in improvements to his property.
• They live in a single-family residential area.
• He wants to enjoy his property.
• They are asking for business zoning, not a special use permit.
• With business zoning, the property can become an every weekend, full-time business.
• Bovinet’s woodworking is currently a hobby.
• Woodworking equipment has noise levels at high decibels. If approved, the woodworking shop will re-locate much closer to their property.
• The woodworking shop could become an every night, every weekend operation and there would be nothing he could do to protect himself.
• They have attended the public hearing for the Comprehensive Plan and subsequent committee meetings. No one spoke out about the future zoning of the property.
• A 3,000 sq. ft. building is a large investment for a planned part-time business operation.

Sue Fiebig’s rebuttal comments were as follows:
• Art is her passion.
• The noise level will not increase.
• The intent is to increase studio space so that they can work more.
• They have no intention of disturbing the neighborhood.
• She does not intend to operate a full-time gallery.
• In the past, she ran a full-time gallery on Winnebago Drive. That gallery would have only 10-15 visitors per day.

Lindsay Bovinet’s rebuttal comments were as follows:
• He uses hand-carving tools, not routers and table-saws.
• Any noise he creates is indoors.
May 5th, 2009 Plan Commission Public Hearing 3.
Lindsey Bovinet & Susan Fiebig rezone R-2 to B-2

• He has been operating a woodworking shop for the past eight years.
• Sue is a media artist. There is no noise involved with her form of art.
• They never plan to recoup their investment.
• The proposal will enhance the property and the neighborhood.
• They will never become as large as the Little Farmer.

Mr. Alaniz added the following comments:
• With business zoning, there would be no limitation on the intensity of the operation. The hours of operation could be nights and weekends. These are the times that he, and his family, wants to be on their property enjoying it.
• A new owner could run an intensive gallery.

There was brief public discussion on the fact that sanitary sewer has yet to be extended down Kiekhaefer Parkway. There was objection to a business establishment utilizing mound systems when many area residents made substantial investments in the sewer. It was noted that the wastewater system for the property will need to meet State Code.

Lindsay Bovinet’s additional rebuttal comments were as follows:
• The deed restriction would eliminate Frank Alaniz’s concerns.
• The deed restriction could include operational conditions.
• They are willing to add protection into the deed restriction.

Mr. Alaniz injected the following comments:
• He doesn’t want to have to police his neighbors.
• He just wants to live in peace.
• His rec center is 5-10 feet from the property line; which is near to the proposed new building site.

Lindsay Bovinet’s further rebuttal comments were as follows:
• The location of the new building is not specific at this time.
• There needs to be a level of trust.
• They plan to be congenial to the neighbors.
• They will shift the location of the building, if needed.
• Frank’s home is approximately 100 feet away from the property line.

Theresa Mayer’s comments were as follows:
• Kiekhaefer Park is amazing.
• There is increased traffic going to the Park.
• The gallery would be of minimal impact to the existing traffic flow.

Plan Commission discussion was as follows:
• Most of the neighbors are in support.
• Would like to see the property revert back to residential when sold.
• Rezoning the property would not be consistent with the 1997 Comprehensive Plan nor the proposed Plan. The new Plan is nearly final. The Committee spent 2.5 years compiling it.

Bill Spieker motioned to recommend the Town Board approve the request to rezone the property from R-2 to B-2, with a deed restriction as stated in Attorney John St. Peter’s letter dated 2/9/09. The motion died for lack of a second.



May 5th, 2009 Plan Commission Public Hearing 4.
Lindsey Bovinet & Susan Fiebig rezone R-2 to B-2

John Wagner motioned to recommend the Town Board deny the request due to inconsistency with the current Plan, the current residential use of the land and the objections voiced by some of the neighbors, seconded by Joan Simon. Motion carried (4-2-1 absent). Nay-Bud Sabel and Bill Spieker.

Bill Spieker motioned to adjourn at 7:47 p.m., seconded by Tim Simon. Motion carried (6-0-2 absent).

Attest____________________________________
Brenda A. Schneider
Plan Commission Secretary







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