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Board of Appeals
Tuesday, August 11 2015
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

TOWN of TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

ZONING BOARD OF APPEALS

NOTICE OF PUBLIC MEETING

PLEASE TAKE NOTICE that the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on Tuesday, August 11th, 2015, at 7:30 p.m., at the Taycheedah Town Hall, for the purpose of considering the request of Paul & Nancy Diederichs, for the issuance of Conditional Use Permits for non-farm residences, as required by the Farmland Preservation Program.

The Conditional Use Permits would apply to the following properties:

N8275 Konen Road, Part of the Northwest 1/4 of the Southwest 1/4 and part of the Southwest 1/4 of the Northwest 1/4 of Section 24, T. 16 N. - R. 18 E., Town of Taycheedah, Fond du Lac County, Wisconsin.

Vacant land, Konen Road, Part of the Northeast 1/4 of the Southeast 1/4 of Section 23, T. 16 N. - R. 18 E., Town of Taycheedah, Fond du Lac County, Wisconsin. The land is currently owned by 3-D Dairy, LLC.

The public hearing is open to the public. All interested parties are encouraged to attend.

A quorum of Town Board members may be in attendance.



Brenda A. Schneider
Clerk



MINUTES

TOWN OF TAYCHEEDAH
BOARD OF APPEALS
PUBLIC HEARING
PAUL & NANCY DIEDERICHS
CONDITIONAL USE PERMIT
AUGUST 11, 2015
7:30 P.M.
TAYCHEEDAH TOWN HALL


Members present: Jerome Bord, John Buechel, Tom Friess, Erv Karls, and Jason Meyer. Also present were Recording Secretary Brenda Schneider and Attorney Matt Parmentier.

The Chairman called the hearing to order at 7:35 pm. The Secretary read the notice. Secretary, Brenda Schneider, recorded the hearing and took notes.

Paul Diederichs was sworn in. His testimony and responses to Board of Appeals members' questions were as follows:

The minimum setback 100 feet around barns. The Certified Survey Map proposes 66 feet to the north.
Diederichs did not want to include 100 feet to the north as there are no plans to house animals in the barn addition. He figures if more land is included it would be unkempt.
Brenda Schneider noted that she informed the surveyor, via email, of the 100 foot setback requirement.
Attorney Parmentier stated that the options would be to require the lot line be pushed north to 100 feet, add a restriction to the Conditional Use Permit or apply for a variance. The consensus was to include a condition that no livestock can be housed in the north barn addition.

Board of Appeals deliberation:

Attorney Parmentier reviewed the standards for Conditional Uses, Section 13-1-52(d)(2)(a)1-3 and Section 13-1-52(d)(2)(b).
The Board of Appeals confirmed the Certified Survey Map conforms to the Conditional Use Standards for non-farm residences.
Diederichs can apply for a variance in reference to housing animals in the barn addition or a deed restriction could be required to disallow livestock in that portion of the barn.
Brenda Schneider noted that a deed restriction will require perpetual enforcement.

Motion by Jason Meyer, second by Tom Friess, to accept the application and approve issuance of a Conditional Use Permit, requested by Paul & Nancy Diederichs, for one non-farm residences under the following conditions:
A copy of the Certified Survey Map are to be attached to the Conditional Use Permit;
Compliance with the Town of Taycheedah Zoning Code;
Surveyor's note on the Certified Survey Map state The 4.16 acre parcel created by this CSM is the first non-farm residence on Base Farm Tract #180, consisting of 260.22 acres, as described on the Town of Taycheedah Base Farm Tract Map dated 2/6/14; and
Surveyor's note on the Certified Survey Map state Pursuant to the terms of a separately-recorded deed restriction no livestock may be kept in the shed.

Roll call vote:
John Buechel aye
Tom Friess aye
Erv Karls aye
Jason Meyer aye
Jerome Bord aye Motion carried unanimously.

The second Certified Survey Map submitted creates a 3.00 acre parcel on lands owned by 3-D Dairy (Base Farm Tract #166) and the third Certified Survey Map submitted creates a 7.46 acre owned by Paul & Nancy Diederichs (Base Farm Tract #91).

Paul Diederichs was reminded that he remains under oath. His additional testimony was as follows:
He intends to swap his 7.46 acres with 3-D Dairy for their 3.00 acres.
Their intention is to build a new home on the 3.00 acres.

Seeing no testimony in support or opposition, Chairman Bord declared the public hearing closed at 8:38 p.m.

Board of Appeals deliberation:

Attorney Parmentier reviewed the standards for Conditional Uses, Section 13-1-52(d)(2)(a)1-3 and Section 13-1-52(d)(2)(b).
The Board of Appeals confirmed the Certified Survey Map conforms to the Conditional Use Standards for non-farm residences.
Attorney Parmentier noted that a Conditional Use Permit is not required for the 7:46 acre survey due to the fact that the land will continue to be use for agricultural purposes.

Motion by Erv Karls, second by John Buechel, to accept the application and approve issuance of a Conditional Use Permit, requested by 3-D Dairy and Paul & Nancy Diederichs, for one non-farm residences under the following conditions:
A copy of the Certified Survey Maps are to be attached to the Conditional Use Permits;
Compliance with the Town of Taycheedah Zoning Code;
Surveyor's note on the Certified Survey Map state The 3.00 acre parcel created by this CSM is the first non-farm residence on Base Farm Tract #166, consisting of 73.90 acres, as described on the Town of Taycheedah Base Farm Tract Map dated 2/6/14.

Roll call vote:
John Buechel aye
Tom Friess aye
Erv Karls aye
Jason Meyer aye
Jerome Bord aye Motion carried unanimously.


Motion by Erv Karls, second by Jason Meyer, to adjourn at 8:40 pm. Motion carried (3-0).




Attest._____________________________________
Brenda A. Schneider
Secretary




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Town of Taycheedah
Fond du Lac County, Wisconsin
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