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PLAN COMMISSION MINUTES
April 1, 2008
PRESENT: David Borsuk, Thomas Fojtik, Paul Lowry, Paul Esslinger, Cathy Scherer, Chet
Wesenberg, Shirley Mattox, Jon Dell’Antonia
EXCUSED: Ed Bowen, Meredith Scheuermann, Kathleen Propp
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Deborah
Foland, Recording Secretary
Chairperson Dell’Antonia called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of March 18, 2008 were approved as presented. (Scherer/Lowry)
Ms. Mattox arrived at 4:03 pm.
I.A. EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT
5663 COUNTY ROAD “R” IN THE TOWN OF BLACK WOLF
Two lot agricultural land division/certified survey map creating a 10 acre parcel of land from a 36 acre
base parcel.
Ms. Mattox stated that the previous land division approved on this site was for two acres to be disbursed
to a daughter and was questioning why this parcel, also being disbursed to a daughter, was for ten acres.
Mr. Burich responded that ten acres is consistent with the current ordinance for agricultural land division
criteria and the Comprehensive Plan and staff supports it since the land is being disbursed to a family
member who is integrally involved with the farming operation and wants to build a residence on the
parcel.
Ms. Scherer questioned if this parcel was located in a rural preservation area.
Mr. Burich replied yes.
Ms. Mattox stated that she did not remember the intent of the Comprehensive Plan to be in support of
this type of land division.
Mr. Burich responded that the land division is consistent with the City’s Comprehensive Plan and is
consistent with the City’s minimum lot size in the A-1 Light Agricultural District.
Mr. Wesenberg arrived at 4:08 pm.
Ms. Scherer inquired how long the minimum lot size had been ten acres in this district.
Plan Commission Minutes 1 April 1, 2008
Mr. Burich replied that the Zoning Ordinance regulating agricultural lot sizes had been ten acres as long
as he has worked for the City. He further stated that staff would not be recommending approval of the
land division if it was not being disbursed to a family member who is participating in the farm operation.
Ms. Mattox commented that the area has become very residential and voiced her concern regarding the
creation of lots that are inconsistent with other lots in the area.
I.B. EXTRATERRITORIAL LAND DIVISION/CERTIFIED SURVEY MAP AT 4800
BLOCK OF COUNTY ROAD “A” IN THE TOWN OF OSHKOSH
The petitioner is applying for an extraterritorial two lot land division within the Town of Oshkosh to
split off a portion of the currently improved property from the base parcel, to be developed with business
use. Proposed Lot 1, which is improved with a predominant warehousing use, is proposed to be 6.73
acres and Lot 2 is proposed to be 2.14 acres.
Ms. Mattox questioned what a warehousing business was, which lot was it located on, and what type of
use would be on the other proposed lot.
Mr. Buck replied that a warehousing use was a structure that was utilized to store equipment related to
an affiliated business or to rent space to other parties for the purpose of storage and that business was
currently located on proposed Lot 1. Staff did not know what use would be on proposed Lot 2.
I.C. TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 410-430 NORTH
SAWYER STREET
The petitioner is applying for a two lot land division of an 11.76 acre parcel of land to separate the
existing senior apartment complex from the existing place of worship. The proposed division is as
follows:
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Lot 1 = 394,130 square feet/9.048 acres – Church Site
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Lot 2 = 118,199 square feet/2.714 acres – Apartment Site
Mr. Fojtik inquired if the apartment addresses would continue to be Sawyer Street.
Mr. Buck responded that they would as the apartment complex development is orientated with the front
of the apartments facing Sawyer Street. The Department of Public Works and the Fire Department
commented that the establishment of easements allowing access to the apartments would mitigate any
issues they have with the address remaining off Sawyer.
Ms. Mattox asked if the garage on the south side of the site would go on the parcel with the church.
Mr. Buck replied that there were two garage structures on the site and the larger one to the south would
remain on the same parcel as the church and the smaller one would be located on the apartment complex
parcel.
Joan Mueller, 1139 Cherry Street, Zion Lutheran Church Council president, stated that Zion Lutheran
Church has created a separate corporation, (Jericho Road Ministries), to own and operate the ministry.
This separation of the church from the apartments and day care centers was necessary for legal and
liability reasons, but other operations would continue as before, including the shared use of drives and
parking areas.
Plan Commission Minutes 2 April 1, 2008
Mr. Wesenberg stated that he would like Item I.C. to be pulled from the Consent Agenda for separate
vote since Jericho Road Ministries is a client of his.
Mr. Dell’Antonia stated that he would like Item I.A. to be pulled from the Consent Agenda for separate
vote since there was more discussion on this item than usual.
Ms. Mattox questioned what the Town of Black Wolf’s Comprehensive Plan was for the area (relating to
Item I.A.).
Mr. Burich responded that he did not know.
Ms. Mattox then questioned how many total acres were being farmed on the site.
Mr. Burich replied 136 acres comprised of multiple parcels.
Ms. Scherer inquired how staff knows that the lot is actually disbursed to the daughter.
Mr. Burich responded that we have to take the petitioner’s word for it. Mr. Burich further explained that
there are two agricultural zoning districts which allow for 10 acre and 35 acre parcels. Land use and
affects to the area, as well as Comprehensive Plan standards and the City’s vision on minimum lot sizes
are all factors to be considered when determining if this land division should be approved. Also, the fact
that the parcel is being divided for disposition to an immediate family member who assists with the farm
operations makes this division consistent with the Comprehensive Plan as the land will still be used for
agricultural purposes.
Motion by Borsuk to approve the extraterritorial land division at 5663 County Road “R” in the
Town of Black Wolf as requested.
Seconded by Lowry. Motion carried 6-2. Ayes-Borsuk/Fojtik/Lowry/Esslinger/Scherer/
Wesenberg. Nays-Mattox/Dell’Antonia.
Motion by Scherer to approve the extraterritorial land division at the 4800 Block of County Road
“A” in the Town of Oshkosh as requested.
Seconded by Borsuk. Motion carried 8-0.
Motion by Esslinger to approve the land division at 410-430 North Sawyer Street as requested
with the following conditions:
1.Cross access and cross parking agreements between the two lots be provided.
Seconded by Borsuk. Motion carried 7-0-1. (Chet Wesenberg abstained on voting because of a
conflict in interest.)
There being no further business, the meeting adjourned at approximately 4:30 pm. (Lowry/Fojtik)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 3 April 1, 2008