Town Hall, Wednesday September 20, 2000 for approval at the

                                                           10/11/00 Meeting


Chairperson Bellmer called the meeting to order at 5:00 p.m.


PRESENT:  Chairperson Bellmer and Planning Commissioners’ Chuck Lewis, Dennis

                     Jochman, Michael Van Dyke, Kris Koeppe, and Tom Schein.

                     Community Development Director George Dearborn and Associate

                     Planner Jeffrey Smith.


ALSO PRESENT:   Mike Schneider

                                 Robert Page


Approval of Minutes – August 16, 2000


Motion by Commissioner Lewis, seconded by Commissioner Van Dyke, to approve the minutes of the Planning Commission Meeting of August 16, 2000. Motion carried unanimously.


1.  Certified Survey Map – Dennis Brucks – (008-0290-04)


Director Dearborn explained that the CSM on N. Lake St. was proposing to create an Outlot (12,962 sq. ft.) and a 35 ft easement to the water. The applicant could then sell the newly created Lot 1. The outlot would then have to be transferred to an adjoining property owner. Basically, the applicant wanted to retain the second garage and thus proposed the creation of the outlot.


Director Dearborn pointed out that Staff preferred that the lot line be adjusted but Bob Braun would not approve of this option. In addition, Winnebago County did not prefer the creation of the outlot. Comm. Jochman then questioned why the County would not accept either option. The County did not approve of these options because the flag lot does not have adequate frontage (66 ft. frontage requirement). Comm. Jochman then pointed out that he was in favor of adjusting the lot line instead of creating the outlot. Finally, Director Dearborn concurred with Comm. Jochman but again pointed out that the County would not accept that option. Hence, staff recommended that the outlot be approved but still feels that the County would not accept it.


Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the CSM as submitted. Motion carried unanimously.


2.  Certified Survey Map – Golden Shell, LLC., Midway Engineering Group Investments – {008-0240-01, 008-0240-03 (p)}


Director Dearborn reported to the Commission that the CSM on the NE corner of

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County Rd. CB and Jacobsen Rd. was proposing to enlarge and then create a new Lot 1 (2.372 acres). In addition, a WI Electric easement runs through Lot 1 and McMahon Dr. would be adjusted. Furthermore, access would come from McMahon Dr.


Motion by Commissioner Lewis, seconded by Chairperson Bellmer, to approve the CSM as submitted. Motion carried unanimously.


3.  Variance – Davel Engineering – 4139 W. Prospect Ave. – (008-0113-05)


Director Dearborn explained that applicant was requesting a variance to reduce the shoreland setback to 45 feet in order to construct a new commercial structure. Director Dearborn then pointed out that the Planning Commission approved a CUP in July for filling & grading with six conditions. One of the major conditions was that the applicant submits a detailed site plan that would be reviewed by Town Staff and the Planning Commission. The other conditions have or will be met. These other conditions include: submittal of a drainage plan for approval by the Town Engineer; the applicant meets all federal, state, and local regulations; verify that a hydraulic study has or will be completed; and no filling until all conditions are met. At this time, a detailed site plan has not been submitted. Planning Commissioners’ and Town Staff both felt that it would make more sense to make a recommendation on the variance request after reviewing a detailed site plan.


Mike Schneider, 4211 W. Prospect Ave., clarified with the Commission that the County issued a permit for filling (*even though filling has not yet taken place*) on the condition that the CUP conditions would still be met. Mark Sedo, 4129 W. Prospect Ave., submitted a letter to the Commission that objected to the variance request.


Motion by Commissioner Jochman, seconded by Commissioner Bellmer, for a 30-day delay on the variance request. Motion carried unanimously.


4.  County Comprehensive Plan Review


Director Dearborn reported to the Commission that Winnebago County has asked for comments within 90 days on sections of their Comprehensive Plan. Furthermore, Director Dearborn then felt that it was important for the Planning Commission and Town Board to review these sections and provide any necessary comments.


There were four major sections that the County has asked for comments. These include:

1.      Building Rights – deal with the number of principal structures allowed on a parcel and also details transfer of development rights.

2.      Density Standards – relates directly with building rights, depending on if the parcel lies within a rural area, rural transition area, or urbanizing area.

3.      Open Space Standards – the amount of open space required in subdivisions within the designated areas.

4.      Future Land Use Map – highlights which parcels lie within rural or urban areas.


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Director Dearborn explained that these restrictions do not apply for areas that lie within a sewer service area. Since most of the Town lies within a sewer service area, these County restrictions would have a minimal impact on the Town of Menasha. Director Dearborn did point out that the County Future Land Use Map needed to be amended to accurately show which areas in the Town lie within the sewer service area. Finally, Director Dearborn stated that the intent of the County Plan was to keep rural and urban land preserved the way they currently exist.


Chairperson Bellmer then clarified that much of the Gateway Development area was not currently shown to lie within the sewer service area, which thus needs to be changed. In addition, Director Dearborn explained that the Clayton Group owns property located just south of the Gateway Meadows subdivision, which may be a future R-2 subdivision. This Clayton Group property would then have to be incorporated into the sewer service area.


Comm. Lewis then asked whether the County would allow the changes to the County Future Land Use Map dealing with areas that should be designated as sewer service. Director Dearborn explained that he did not have a definite answer but did point out that the County should allow these changes (also future changes), as more and more areas in the Town would be added to the sewer service area.


The Planning Commission then requested that Town Staff prepare a resolution for the October meeting that highlights the concerns and comments of the Commission. Some of the major comments include: the County Future Land Use Map be corrected to show which parcels lies within the sewer service area; when the sewer service area is expanded in the Town, these areas will be automatically added to the County Future Land use Map; and these newly added areas would then not fall under the three County Comprehensive Plan standards (e.g. building, density, open space).






1.  Rezoning – James Smith – (008-2439)


Director Dearborn restated the fact that the applicant has not reapplied to the County for a rezoning of his parcel and the one directly north so there would be contiguous R-3 zoning. The applicant was intending to rezone his property from R-2 to R-3 for the construction of a duplex. Since the reapplication was not made, the current rezoning request would be considered spot zoning. Comm. Jochman then stated that even if the parcel to the north were included in the rezoning request, he still would not have been in favor of the rezoning.


Motion by Commissioner Jochman, seconded by Commissioner Van Dyke, to deny the rezoning as submitted. Motion carried unanimously.



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2. Certified Survey Map – Page Family Trust and the Irrevocable Page Family Trust B – (008-0298)


Director Dearborn stated that the CSM on Pages Point Rd. was proposing to create an outlot (385 sq. ft.). The newly created Outlot 1 would then correct an existing non-conformance and also assist in any potential future sale of the property. Director Dearborn explained that the only other option would be to modify the subdivision, which would be costly. Chairperson Bellmer clarified that the Oulot would be part of a future subdivision to the north of the subject property. Robert Page, the applicant, stated that he met with Winnebago County and the DNR to establish the high water mark and the 75 ft. shoreland setback. In addition, Mr. Page explained that after the CSM was approved, then the property to the north would be subdivided.


Motion by Chairperson Bellmer, seconded by Commissioner Koeppe, to approve the CSM as submitted. Motion carried unanimously.




Director Dearborn mentioned that a new Planning Commission member would be appointed at the next Town Board meeting.


Comm. Lewis pointed out that Town would soon attempt to borrow money from the State Trust Fund for infrastructure improvements for the Gateway subdivision project. This issue would come before the Town Board on October 5 at a special Town meeting where those attending can then seal the fate of the borrowing attempt. Comm. Lewis then stated his fear of a small group of people at the meeting turning down the borrowing.




Motion by Commissioner Lewis, seconded by Chairperson Bellmer, to adjourn the meeting at 6:06 p.m. Motion carried unanimously.


                                                                                   Respectfully submitted,







                                                                                    Jeffrey Smith

                                                                                    Associate Planner