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12/1/98 Board minutes — Page 2 ;`j /�� ; resulting from this rezoning: 1) No division of the A-2(2) and A-1 Ex. zoned lands. 2) There shall be evergreen screening of the home and storage shed. 3) There shall be no machinery stored such that it can be viewed from Mesa Drive. 4) No further division of the A-2(2) and A-1 Ex. lands for residential purposes. The motion carried. Discussion was also held regarding the use of the building that Martinson is proposing to build for the storage of his brother Ken's equipment. McCallum asked if that made it commercial. Martinson felt that it did not. Beske felt that that made it a residential accessory building because under the L.F.B., it states that any building built under L.F.B. has to be something that can be considered a residential accessory building and that limits it to 16' height. Martinson felt that it would be 14'so that should not be a problem. Martinson felt the use would be agricultural. Supervisor Dale Furseth was familiar with Ken Martinson's business and he, too, felt that it would be considered agricultural. Building Inspector Don Loeder felt that it would be considered commercial by the state and would the/11)e subject to state approval. McCallum felt that if Inspector Loeder did not agree with the Board's feeling that this was an agricultural use building, he should give the Town a call. b) Affidavit of correction for Myron Bacon CSM. A transposition error has been found on the Myron Bacon CSM. Because the error was found after it was recorded it must be corrected by an Affidavit of Correction. The commission recommended approval of the affidavit of correction. McCallum moved, Beske 2nd, to accept the recommendation of the commission to authorize the execution of the affidavit of correction; motion carried. c) Appearances for preliminary inquiries and information. 1) Bill Gallagher appeared to inquire into the possibility of creating one or two buildable parcels on his 158 acre farm on CTH "A". He is entitled to four possible land splits and no division of the land has occurred since 1978. He was advised to perk the site he is interested in before finalizing any plans. The property will be viewed. d) Referrals from previous meeting and site viewings. 1) Dave Hult regarding change of boundary lines on CSM. Letters previously sent. Since the town has received an opinion from its attorneys concerning the Hults "set-aside" easement on Highway 51, the commission recommended that the town board waive and release the 33' wide access easement when the new Certified Survey Map is received. A letter was received from Robert Dvorak Jr. regarding his concerns about the town approving the removal of the easement. The Board did not feel that his concerns applied to this particular situation. Any future roads would have to go through the Mabie farm and they are not interested. 2) Robert Dvorak regarding rezoning to commercial of former Moe property. City of Stoughton has not responded yet— Rodney Scheel said that it probably wouldn't be a problem. 3) The Rick Mabie property and the site for the intended home was viewed. They intend to rezone approximately 2+/- acres with the driveway running along the western edge of the property. Since Ron Sperle, the previous owner, had divided the 72-acre parcel once, no further splits will be allowed on the property. A deed restriction to that effect will be necessary. 3. Public Appearances. A large number of Danks Road residents appeared at the Board meeting to voice their Concerns about the group home that might possibly be located on Danks Rd. by Richard and Tammy Smithback. (Attendance list on file.) Everett Urish, speaking on behalf of those residents attending, felt that there was no one in favor of this group home because of concerns with fire 8Z county police protection response times, the proximity of the DNR wildlife lands and the public hunting grounds. The Board was questioned about how the property could be split to allow the rezoning for the house. It was explained that the LUP allows for the splitting of substandard A-1 Ex. parcels of 8 acres or more. It was also explained that a group home is an allowed use under any residential zoning. Legally, the Town has really no say over the locating of a group home. Some options that could be available to the residents, including submitting a petition to the state and requesting a public hearing, were discussed.