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RUTLAND BOARD MEETING December 1, 1998 1. Call to order. Minutes. Chairman Robert Plummer called the meeting to order. Also present were Board members McCallum, Beske and Furseth. The minutes of the previous meeting were approved on motion and 2"d by Furseth and Beske. 2. Planning Commission Report and Recommendations. Necessary Board Action. a) Zoning Petitions: 1) Petition 7424/CUP 1532 by Henry and Kathy Royer to rezone 2 acres of their property south of 277 Danks Road (Section 36) from A-1 Ex. to A-2(2) to create a buildable area from the 40 acres owned and to allow for a Limited Family Business for furniture manufacture. The property was previously viewed. The commission recommended approval of Petition 7424/CUP 1532 on the condition that they enlarge their CSM to include both the primary and possible secondary sites for the septic system. Discussion was held at the commission meeting concerning the height requirements for a building to house his custom furniture business. Since they also wish to construct a barn it was felt that two separate buildings would be better than one multi-purpose building. At the Board meeting, Beske reported that if the use of building was at least 50% agricultural, there would be no height limitations; if it was residential, the height limitation would be a maximum of 16 feet. Beske moved to approve Petition 7424 and CUP 1532 with the condition that the CSM provide both the primary and possible secondary septic system site; 2nd by Furseth; motion carried. 2) Petition 7432/CUP 1533 by Tom Martinson to rezone property located at 4628 CTH "A" (Section 18) from A-1 Ex. to RH-1 and A-2(2) to divide existing residence from farm and create buildable area for brother of owner with L.F.B. (Limited Family Business) for field tile installation business. Since this was a totally different scenario than was agreed to no action was taken at the commission meeting. Martinson's attorney Tim Lovett was present at the Board meeting. Tom Martinson arrived shortly. Beske reported that he had talked to Steve Rennels (Dane County Zoning) about this petition. Rennels stated that because it was not the owner of the farm who would be living in the house, the income requirement would not be passed, and therefore, he would not be able to build a house for his brother on the property. It was the county's feeling that the back corner of the property should be A-2(2) as was presented on the rezoning petition and as was shown on the survey map received at the commission meeting. This would be considered "postage stamp rezoning" to allow the residence, the L.F.B., and the C.U.P. (conditional use permit) but would not create a separate parcel. The only way that this could be considered a separate parcel would be if Martinson could provide 66' of frontage on a town road. The way the parcel is configured, it fronts on the backyards of some lots on Mesa, on adjoining land owned by Robert Gefke, and on the remaining land still owned by Tom Martinson. It is not really a division and therefore, the single zoning per parcel does not apply. That only applies when land is going to be divided and sold. Beske stated that he was concerned that Martinson could provide an easement all the way to CTH "A" and therefore, create a saleable parcel, which would be in conflict with the current Land Use Plan. It was suggested that deed restrictions be placed on both the A-2(2) parcel and the remaining A-1 Ex. parcel (the entire 42 acres) to prevent the separation of the A-2(2) from the A-1 Ex., keeping it as one parcel. The deed restrictions to this effect would be added to the deed restrictions previously agreed to. As a result of having a specific area zoned A-2, the L.F.B., C.U.P., and the business operation would be confined to a limited area. This was explained to Tom Martinson when he arrived. The map presented is not correct as it did not show the A-2(2) area and showed the previously zoned AB portion as being enlarged which was not agreed to; in fact, the rezoning petition specified that the AB portion remained unchanged. The minutes from the October 5' 1998 8L the November 2, 1998 commission meetings were reviewed concerning the agreed upon deed restrictions. Beske moved, McCallum 2"d, to approve Petition 7432 and CUP 1533 of Tom Martinson on the condition that the following deed restrictions be recorded on the A-2(2) and A-1 Ex. parcels