TOWN OF ROCHESTER
Racine County, Wisconsin
Municipal Office Phone:  (262) 534-5742;  Facsimile:  (262) 534-4084
Mailing Address:  203 W. Main Street, P.O. Box 352, Rochester, WI  53167

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February 5, 2007                                PLANNING COMMISSION                                             6:30 p.m.

                

The meeting was called to order at 6:30 p.m. with Paul Beere, Brian Wanasek, Bob Willard and Chris Johnson present.   Maureen Eckert was absent.

 

Betty Novy, Secretary, was also present.

 

Pledge of Allegiance.

 

Minutes.  Chris Johnson moved, 2nd by Paul Beere to approve minutes of the January 4, 2007 meeting.  Motion carried.

 

Pre-Application Conference: Land Division creating two parcels out of one

29020 Washington Avenue

Owner:  Joseph & Ione Kojis Trust;  Applicant:  Joseph Kojis

Tax Parcel(s): 014031902043000 (36 acres) and 014031901011000 (75 acres)

 

Joe Kojis addressed the Commission explaining his desire to separate and sell two existing houses from this farm.  Farming structures will remain on the remnant parcel.  Lines were drawn in such a way as to keep the septic systems with the buildings.    Comments from Racine County Planning and Development were reviewed as follows:

 

1.        The proposed land division will result in the creation of two lots.  Proposed Lot 1 is approximately 4.4098 acres in area.  Proposed Lot 2 is approximately 1.1251 acres in area.   The remnant parent parcel is approximately 30.46 acres in area. 

 

2.         The property is zoned A-3 General Farming III.

 

3.        The minimum lot area in the A-3 district is 35 acres; however, according to Section 20-565(1) of the Racine County Zoning Ordinance:

·         Existing dwellings not accessory to any farm operation and farm dwellings remaining after consolidation of neighboring farms are permitted but shall comply with all of the provisions of the A-2 General Farming and Residential District II.

·         The minimum lot size in an A-2 zoning district is 40,000 square feet, excluding public road right-of-way. The minimum lot width in the A-2 district is 150 feet.

 

4.        This land division can not occur if the buildings being separated from the parent parcel are used in the operation of the farm.  If this is the case, a rezoning or a variance may be required for this land division to occur.

 

5.        The 30.46 acre remnant parent parcel would be classified as a substandard A-3 lot.

 

6.        The Recommended Land Use Plan for the Town and Village of Rochester 2020 identifies the property as Urban Reserve.  Note: The Land Use Plan states “Regardless of what specific types of urban development that might be accommodated in this area, the plan recommends that development should occur only with the provision of public sanitary sewer”.

 

7.        Is this proposal consistent with the Town’s development philosophy for this area?

 

8.        There do not appear to be any shoreland, wetlands, or floodplain issues affecting the proposed lots. 

 

9.        The remnant parent parcel is located in the Wind Lake Drainage Canal shoreland jurisdictional area.  An area of wetlands and floodplain exist along the northern lot line of this portion of the property.

 

10.     An area of Primary Environmental Corridor (PEC) is located along the western ½ of Lots 1 and 2. 

 

-          The PEC would support low-density development (1 dwelling unit per 5 acres) without destroying all of the functions of the corridor.  A building envelope for the dwelling and outbuildings should be established.

 

-          Within the PEC, grading and filling is prohibited except in conjunction with the construction of residences, permitted outbuildings and approved driveways within a designated, pre-approved building envelope.

 

-          Lands lying beyond the approved building areas, but within the PEC, shall be protected and preserved by prohibiting the following activities: all grading, filling, tiling, draining, excavating, and dredging; erecting any buildings or structures of any kind; removing or destroying any native vegetative cover, except for diseased vegetation, non-

indigenous species and noxious weeds (as defined by local ordinance); introducing plants not native or indigenous to the natural environment; creating a mown landscape; gardening, cultivating, or depositing yard waste of any type; and the grazing of domestic animals, where applicable. 

 

11.     The parcels are located within the urban service area; however, sanitary sewer does not serve the property.  Based on the CSM the private sewerage systems serving the lots will not be separated from the existing residence and duplex.

 

12.     Will the buildings shown on the CSM remain or will they be razed?

 

13.     Based on the CSM, a pole barn, two machine sheds, and a barn (divided by a section line) will be included with the 30-acre parent parcel.  A 2005 aerial also shows a silo and an additional structure (appears to be a residence).  Please verify structures. 

 

14.     Lot 1 contains a duplex and three sheds; Lot 2 contains a residence and one detached garage. We recommend verification of the setbacks to determine if the existing structures comply with the required setbacks stated in Chapter 20, Zoning, Racine County Code of Ordinances; or if any of the structures will be classified as non-conforming uses. 

 

15.     A driveway easement servicing the lots is proposed along the eastern lot line.  We recommend contacting the Racine County Public Works Department at 262-886-8440 to determine if the proposed ingress/egress point and easement onto CTH D is a viable access solution.

 

16.     Any proposed construction on the new lot must meet all the standards outlined in Chapter 20, Zoning, Racine County Code of Ordinances.

 

17.     We have not reviewed this land division in terms of drainage.  Storm water drainage plan review, approval, and regulation are the Township’s responsibility.  The landowner must contact the Town for approval.

 

Commissioners verified the proposed new lots meet minimum area and width requirements (#3) and that the structures on these lots will not be used for farming (#4).   Classification of the remnant parcel as substandard (#5) was not a concern to Mr. Kojis.  He owns 150 adjacent acres.  His intention is to continue farming the land until such time as he is unable.  Ultimately, his children will inherit the land and it will be up to them to sell or develop as they wish.  

 

Commissioners discussed classification of the land as “Urban Reserve” (#s 6 & 7).   Because Mr. Kojis’s land division proposal does not result in any new houses being built, the land division was not seen to be in conflict with area planning.  Regardless of what future development takes place, it will most likely take place around the existing structures.  

 

Structures were verified on the parcels (#13).   The structure identified by Racine County as a silo was clarified to be a grain bin and dryer. 

 

Mr. Kojis informed the Commission that there are two wells on Lot 1, one of which services a house on what will be another parcel.  Mr. Kojis was directed to create a well maintenance agreement for both parcels.

 

A proposed driveway easement, shown on the land division proposal, was also discussed (#15).  Mr. Kojis was directed to contact Cecil Mehring for directions as to where driveway access for the new lot will be granted and whether any access restrictions will be required on the Certified Survey Map.

 

Bob moved, 2nd by Brian to adjourn at 7:06 p.m.  Motion carried.

 

Respectfully submitted:

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer

 

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