Memo

Date:      April 12, 2006

To:          Town Planning Commission Members

From:     Department of Community Development Staff

RE:          Agenda Item 1 – Conditional Use Permit – Bruce Annunson – 2158 Irish Road (008-0914, & 008-0201)

Overview

Mr. Annunson is proposing a conditional use permit (CUP) in conjunction with a request for a rezoning of his property to R-5 Planned Residential District from R-2 Suburban Residential District. The reason for both the rezoning and the CUP is to allow the applicant to retain his additional out buildings. Currently, if the applicant keeps R-2 zoning he will be unable to retain all of the existing out buildings. As the Commission is aware, the remaining property is the remnant of a farm, the balance of which was sold for the development of a new subdivision, Winding Creek Estates.   

 

The applicant has stated in the application that he has no intentions to store any vehicles, farm machinery, or materials outside of the on-site buildings.  The applicant also states that the property will not be used for any active farming activities including the use or storage of manure.  The applicant has not stated if he intends to retain or graze any livestock on the property.  The parcel for which a CUP is requested also includes a detention pond for Winding Creek Estates.   Staff continues to have concerns about retaining all of the out buildings but further understands that the out buildings are important to the current owner.  Staff does feel that if this rezoning and CUP are approved with the recommended conditions below, that enough restrictions will be in place to protect the adjacent future single family subdivision.

Findings of Fact

·         Staff finds that this CUP complies with the Town of Menasha’s Chapter 30 Comprehensive Plan and Winnebago County Town/County Zoning Ordinance with the conditions as noted below.

Staff Recommendations                                  

Staff recommends approval of this CUP with the following conditions:

·         This CUP shall be limited to the current owner only.  When the property is transferred to another owner the property shall be rezoned to an appropriate low density zoning district that is compatible with the Town’s Comprehensive Plan and the surrounding land uses. 

·         All farm equipment shall be stored inside the existing out buildings

·         No farming activity shall be conducted on the property other than for the purpose of maintaining a garden typically found on a residential lot.

·         No livestock shall be permitted on the property.

·         The detention pond located on the property is to be used only for the required detention of storm water for Winding Creek Subdivision.

·         No additional structures shall be permitted for this CUP other than those identified on the site plan. 

·         All identified above ground fuel tanks shall be inspected and maintained to ensure that now contamination of the surrounding wetlands and ground water shall occur.

·         All structures shall be maintained to ensure compatibility with the surrounding planned single family subdivision.  Maintenance shall include the periodic painting of out buildings and any other normal expected maintenance.  The Community Development Department shall have the authority to require this maintenance when they determine it is needed.  The department shall have the authority to review and approve the color of paint and/or replacement siding and roofing materials of the out buildings.