Town of Maine, Marathon County, Wisconsin : Meeting Minutes

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April 5, 2004 Town of Maine Plan Commission 

Town of Maine Plan Commission
 Maine Town Hall
 April 5, 2004, 7:30PM
Members of the Plan Commission present included: Chairman Utecht, Mark Stubbe, Ed Bohte, Tom Ellias, Kurt Rowe, Jeff Utech, and Deb Klopp. Also present was Atty. Byll Hess and Jeff Krueger along with members of the community.

Chairman Utecht called to order the public hearing on Gene Roets� petition to rezone his property at 5405 County Road K from BP, Business Park, to B-1E, Existing Neighborhood Retail and Service. The manager of Service Motor Co. and Atty. Scot Swid representing Marathon Implement expressed concern about being able to continue using adjoining property for business if Mr. Roets� property is rezoned for a residence. John Ohrmundt expressed concerns about mixing business and residential properties in the same area. Victor Rogers expressed concern about developing the property for commercial use without public access to the property. Another resident expressed concern about allowing residences to be built in business districts. Gene Roets spoke regarding his plans to build a two-bedroom residence on his property. As there were no further public comments, a motion to close public hearing on the Roets petition was made and seconded. The motion carried without opposition.
Chairman Utecht next called to order the public hearing on Wayne Schoepke�s petition for a conditional use permit to operate a residential business at 1203 Decator Drive. Dale Gauger expressed concern about a machine shop being operated in a residential district. Wayne Schoepke stated his business would manufacture filter presses for maple syrup. Sharon Gauger expressed concern about the additional traffic and the type of traffic created by a business in a residential district, as well as the effect a manufacturing business would have on the value of adjoining residential properties. Atty. Hess questioned Mr. Schoepke about the types of vehicles that he anticipated serving his residential business, and Mr. Schoepke responded. Atty. Hess explained that the Plan Commisssion could set any conditions on the permit they determined appropriate to limit the impact on surrounding residential properties. Sharon Gauger also questioned whether the zoning for the neighborhood should be changed if the intent was to develop the area as a business district. Marilyn Grunenwald expressed concern about mixing business and residential properties in the same neighborhood. As there were no further public comments, a motion to close public hearing on the Schoepke petition was made and seconded. The motion carried without opposition.
Chairman Utecht next called to order the public hearing on Jeff Utech�s petition for a conditional use permit to operate a garden market at the Northeast corner of County Highway K and Rainbow Drive. Joanne Bronsteatter expressed concerns that a garden market was better suited to a commercial district rather than an agricultural district because of increased traffic. Mary Kay Bronsteatter expressed concern about traffic safety on Highway K as drivers approach Rainbow Drive which would be compounded by increased traffic from the garden market, and about the commercialization of agricultural property. Reid Bronsteatter added his concerns about traffic safety as well as the possibility of patrons parking along the roadside, the duplication of services available in Wausau and Merrill, and about the negative impact a garden market might have on the potential to develop the adjoining land for residential properties. Kent Bronsteatter added his concerns about traffic safety. Deb Black added her concerns about traffic safety on Highway K and Rainbow Drive due to existing conditions and volume compounded by additional traffic created by the market. John Ohrmundt expressed concern about the hazards created if traffic backs up onto Highway K from Rainbow Drive. As there were no further public comments, a motion to close public hearing on the Utech petition was made and seconded. The motion carried without opposition. Mr. Utech abstained from the vote.
Chairman Utecht called the Plan Commission meeting to order at 8:12pm. Deb Klopp read the February 23, 2004 and the March 1, 2004 Plan Commission minutes. Ed Bohte made a motion to accept the minutes as read, seconded by Mark Stubbe. Motion carried.
Chairman Utecht stated there would be no chairman�s report at this time.
Zoning Administrator, Jeff Krueger, reported there was one permit issued for Mike Borski to remodel the property at 2809 Merrill Avenue for use as a chiropractic clinic. Mr. Krueger also reported on additional contacts regarding permit applications. Atty. Hess reported there was nothing additional to report on zoning enforcement.
Chairman Utecht stated the first item of business was the discussion and possible action to rezone Hwy K property from BP, Business Park, to B-1E, Existing Neighborhood Retail and Service. Mr. Roets stated he does not wish to have a business at this point but stated to the Plan Commission, "I may down the road a little bit". Concerns addressed by the members of the Plan Commission included: no neighborhood retail and service business currently exists on the property; and the existing structures on the property are incompatible with planned use. Atty. Hess noted that the ordinance required a business to have existed on the property on December 31, 1997 in order to qualify for classification as B-1E. The Plan Commission members stated a possible way for Mr. Roets to build a house on his property would be to subdivide his property and have his neighbor to the South join with him to apply for residential zoning for those two parcels. His neighbor�s property touches zoning for residential. Mr. Roets stated, "Who gives the right for the town of Maine to tell me I can�t build my house". Atty. Hess advised stating the Town of Maine will not violate the state rules by allowing spot zoning. Kurt Rowe made a motion not to recommend this petition to the Town of Maine Board based on the Plan Commission�s determination that the property does not meet the requirements of the ordinance for B-1E zoning, Tom Ellias seconded. Motion Carried. Mr. Roets stated he will be "taking the next step" and will "file an appeal".
The second item of business was a discussion and possible action on a Conditional Use petition for Residential Business at 1203 Decator Drive. Wayne Schoepke was present and stated he would like to purchase a house and run his maple syrup business from that house. Concerns discussed by the Plan Commission members included: noise from a rotary cutting tool; additional truck traffic on Decator Drive; and the negative affect on nearby residential properties. Atty. Hess advised that the Plan Commission would determine the conditional uses which could include limiting the noise level, the number of deliveries a week, and defining needed parking area. Atty. Hess advised that a list of proposed conditions could be drafted for the Plan Commission�s consideration based on the discussion presented. Tom Ellias made a motion to table this item of business until a list of propsed conditions was presented for consideration, Ed Bohte seconded. Motion Carried.
The third item of business included the discussion and possible action on a Conditional Use Petition for a Garden Market at the NE corner of Hwy K and Rainbow Drive. Jeff Utech was present and stated he is interested in having approximately 20 vendors, two days a week from approximately June through September selling agricultural items on his property. It was stated that Mr. Utech would not be voting on this issue, as he is a member of the Plan Commission. Mr. Utech stated he was unsure of the exact dates and times at this point. Concerns were discussed by the members of the Plan Commission that included: traffic and congestion on Hwy K, safety, and the overall look of having twenty vendors. Mr. Utech stated he would get information from the County in regards to the traffic and congestion issues and bring it back to the Plan Commission members. Mark Stubbe made a motion to table this item of business until the information from the County was available, Kurt Rowe seconded. Motion Carried. Mr. Utech abstained from the vote.
The next item of business was a discussion and possible action on a procedure for expedited review of zoning permit applications for spreading treated municipal waste. Atty. Hess advised the members that farmers need a permit to spread sludge on property. Atty. Hess explained that this process could be expedited by having the permits given as long as the application meets permit requirements including DNR approval. It was stated that if there were complaints, the Town of Maine would notify the DNR to investigate. Motion to accept the expedited permit applications by Kurt Rowe, seconded by Ed Bohte. Motion Carried.
The next item of business was a discussion and possible action on a temporary sign for the Fire Department�s 25th Anniversary and Town Hall Dedication. Atty. Hess advised an exempt sign would meet the requirements under two provisions. Atty. Hess advised a motion was not needed.
The next item of business was a discussion on Tom Ellias and Kurt Rowe participating for another term on the Plan Commission. This term would be from May 2004 to April 2007. Both Mr. Ellias and Mr. Rowe stated they would be interested in continuing their service to the Town on the Plan Commission. Chairman Utecht will take this matter to the Town of Maine Board of Supervisors.
Chairman Utecht asked if there was any discussion from the audience and there was none heard. A comment from Gene Roets was heard by the members that included "dragging you five guys� to the grave", in reference to the Plan Commission members.
Chairman Utecht stated the next meeting would be Monday, May 3, 2004, at 7:30pm.
Kurt Rowe made a motion to adjourn at 9:25pm, seconded by Jeff Utech. Motion Carried.
Respectively submitted,
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Deb Klopp
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