Date:      February 7, 2006

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 4 – Rezoning – Bruce Anunson & Richard and Mary Lahna


The applicant (Anunson) is requesting a zoning change from R-2 (Suburban Residential) to A-2 (General Farming) for a portion of property located at 2158 Irish Road (portions of 008-0194 & 008-0201), also known as proposed lot 172 of the Winding Creek Estates subdivision.  The site currently has outbuildings and accessory structures for farming on the proposed lot 172 that is a 5.35 acre parcel.  Winnebago County has advised the Town that the accessory structures be removed or County will not approve the final plat of Winding Creek.     


Winnebago County advised Mr. Anunson to pursue A-2, which would bring the buildings into zoning compliance.  The A-2 district requires a minimum of 5-acres, the proposed Lot 172 is approximately 5.35-acres, and would not have accessory structure limits.  A-2 is not in compliance to the Town’s future land use map which shows this area as low density residential.


The property was rezoned to R-2 when The Reserve at Anunson Creek subdivision was proposed for the property. Under the R-2 zoning the existing farm buildings will become non-conforming when the plat is recorded. 


Staff advised Mr. Anunson that if he wanted to continue farming operations on his remaining property, he could apply for R-1 (Rural Residential) zoning which is in compliance with the Town’s Future Land Use Map.  This would allow some accessory structures because of the size of the proposed lot 172.


Winnebago County has further advised Town Staff that if the zoning is not changed on Mr. Anunson’s property that either all of the structures that exceed the allowable square footage for allowed under R-2 are removed or the County will not approve the final plat of the subdivision.  Neither alternative is desirable but rezoning the property to A-2 is also problematic because the Town’s adopted future land use map shows the area proposed for the rezoning as low density residential. 


The second part of this zoning application change is for the (Lahna property) at 2230 Irish Road, (008-0194-03) from A-2 (General Farming) to R-1 Rural Residential and a portion of parcel 008-0194, known as Outlot 4 of the Winding Creek Estates Subdivision.  This part of the rezoning relates to Item 3 (Lahna CSM) of this meeting.  The Future Land Use Map identifies this area as low-density residential, and is in compliance.    

Findings of Fact

Staff finds that the portion of the Rezoning request (Anunson) from R-2 to A-2 does not comply with the Town of Menasha’s Chapter 30 Comprehensive Plan Ordinance -Future Land Use Map.  The portion of the rezoning (Lahna) 2230 Irish Road and a small portion of the out lot adjacent to it, does comply with the Future Land Use Map.



Staff Recommendation                                          

Staff has no choice but to recommend denial of the Rezoning of the Anunson property from R-2 to A-2 as it does not comply with the Town’s adopted Future Land Use Map.  Staff understands that Mr. Anunson wants to preserve the existing agricultural buildings but we do not see any other alternative to a denial. 


The portion of the rezoning request designated (Lahna) 2230 Irish Road is in compliance with the future land use map and recommend approval of this R-1 zoning request.



Winding Creek Estates Subdivision (Preliminary)