N3496 COMO ROAD

LAKE GENEVA, WI 53147

June 25, 2012

Plan Commission Chairman Joe Kopecky called the monthly meeting for the Town of Geneva Plan Commission to order at 6:30p.m. He asked everyone to rise and say the Pledge of Allegiance. Roll call-present were the Chairman, Andy Schmidt, Gary Cocroft, Phyllis Olson, Mike Mumford, Jim Anton, Jim Thometz and recording secretary Mary Van Lue. A quorum was declared. Atorney Torhorst was excused. Building Inspector Joe Mesler was also present.

Andy Schmidt made a motion to approve the minutes from the May 21, 2012 meeting and the June 7, 2012 special meeting as presented. Mike Mumford seconded the motion. The motion passed 6-0-1. Mary asked for the Jason Bernard request for a variance for Roger & Peggy Beauchine to be removed from the agenda this month. Jim Thometz made a motion to approve the amended agenda as stated. Gary Cocroft seconded the motion. The motion passed 6-0-1.

Communications and Reports-Chairman Kopecky and Mary received a letter from Attorney
Torhorst regarding a Certified Survey Map for land on McDonald Road and Marshall Lane that was not filed legally. A piece of land 16-feet by 70-feet should be put back into the Town of Geneva not the City of Lake Geneva. Mike Mumford will put a sign on the property towards Marshall Lane.

DEG Music W3475 Springfield Road-The property is 4.5 acres and is zoned M-1 and R-1. The amended request is to rezone property on a portion of proposed Lot 1from R-1 to M-1 around the existing building, and rezone Lot 2 from R-1 to B-2 which is along County Highway H and Springfield Road. There will be a land division and Certified Survey Map with this request. Attorney Robert Leibsle will present the request. Attorney Leibsle stated the owner is agreeable to having Lot 2 which is approximately 2.15 acres rezoned from R-1 to B-2. eHe also said the B-2 zoning is compliant with the Town’s 2035 Land Use Plan. The M-1 zoning is required for Lot 1 which is 1.39 acres because the land is used for warehousing. Chairman Kopecky asked for a motion to close the public hearing. Andy Schmidt made a motion to close the public hearing for DEG Music. Phyllis Olson seconded the motion. The motion passed 6-0-1. Andy Schmidt made a motion to recommend to the Town Board to approve the land division per the CSM for lot 1 to rezone 1.39 acres from R-1 to M-1, and lot 2 rezone 2.15 acres from R-1 to B-2 agreeing that the rezones are substantially compliant with the Town of Geneva’s 2035 Land Use Plan. Phyllis Olson seconded the motion. The motion passed 6-0-1. Mike Mumford made a motion stating the applicant will take into consideration any changes made on the Certified Survey Map after being reviewed by the Town Engineer John Tierney of Baxter and Woodman. Jim Thometz seconded the motion. The motion passed 6-0-1. Attorney Leibsle will be at the July 9, 2012 Town Board meeting for a decision on the rezone requests, and the Certified Survey Map.

Jonathan & Deborah Duggan are requesting a rezone from R-1 to R-3 multi-family dwelling. The property is located at W3105 Conant Street and is 2.5 acres. Attorney Timothy Swatek spoke for Mrs. Duggan. He said asking for R-3 zoning is not unusual for the neighborhood. There are duplexes located nearby in the City of Lake Geneva. There are also duplexes in the Town of Geneva but they were built before Walworth County zoning was in place. The Plan Commission members had received a petition against the rezone that had 32 signatures, and 9 notarized signatures on a formal protest petition against proposed zone change. Chairman Kopecky asked Attorney Swatek if his client had applied at Walworth County for the rezone and the City of Lake Geneva ETP (Extra-Territorial Platting). He said he had not filed with anyone else except the Town of Geneva. Chairman then asked if anyone in the audience would like to say anything regarding the rezone request. Rex Newcomb N2922 Marshall Lane said he owns property on the west side of the request and he is against the rezone because the house has had only one tenant for twenty years or more. He would like to see the house remain as R-1 not R-3. Nancy Newcomb N2922 Marshall Lane stated she would like to see the neighborhood remain private and peaceful and keep the wooded area that is a barrier to the City of Lake Geneva. She also said the homes in the neighborhood have their own wells and septic systems and questioned the current septic system on the property as to would it be workable for two families. She does not want any multi-family development in the Town of Geneva. Jeanne Racine N3121 Grandview Drive stated she has been a resident since 1970 and would like to keep the property R-1. Karen Larsen N2857 Marshall Lane said her property could have been rezoned years ago but she and her husband said it will remain one parcel so they can enjoy the country atmosphere. Len Jegurski 1804 Conant Street said he agrees with the R-1 zoning and would not like to see R-3 zoning because he does not want to see apartments in the Town of Geneva. Joan Hinzpeter 1810 Conant Street lives adjacent to the property in the City of Lake Geneva. She said her brother had lived there for 29 years and it always was a single-family home and would like it to remain a single-family home. Karen Larsen N2857 Marshall Lane questioned why a building permit had not been taken out for the interior remodeling being done in R-1 zoning if they are requesting R-3 zoning. Joe Mesler said a permit was taken out after they started the remodeling and zoning is not applicable to a building permit. Deborah Duggan who lives next to Cobb Park said she likes the country feel to the area where she lives. She does not think having the property rezoned to R-3 would do any harm to the neighbors. Andy Schmidt made a motion to close the public hearing on the W3105 Conant Street request. Phyllis Olson seconded the motion. The motion passed 6-0-1. Andy Schmidt made a motion to recommend to the Town Board to approve the rezone request for Jonathan & Deborah Duggan W3105 Conant Street from R-1 to R-3. Phyllis Olson seconded then motion. The motion passed with Andy Schmidt, Phyllis Olson, and Jim Anton voting yes, and Gary Cocroft, and Jim Thometz voting no, and Mike Mumford abstaining because the Duggans are his neighbors 3-2-1. This request will be addressed at the July 9, 2012 Town Board meeting.

Steve Lyman is requesting a conditional use for N3464 County Highway H that is zoned B-2. He plans to purchase the Starry Night Motel with an existing single-family residence on the property. His plans are to rent one of the motel units and use the other motel units for storage, and sell used cars on the front of the property. The property is 1.1 acre. He plans in the future to build a 24-foot by 50-foot shop on the back of the property. He will have candy vending machines on the property to put in office buildings. The candy vending machines will keep his B-2 zoning current until he has the used car lot in operation. Chairman Kopecky asked if he plans to pave the lot for the used cars. Steve said he had no plans that gravel or stones would be fine. He did talk to neighbors and they had no problems with his plans. Erik Seaver does have an issue with water drainage and a privacy fence but Steve said he would address the issues with him. The current owner of the Starry Night Motel did say there are some issues with the well and septic system. Steve said he would see if he needs a mound system or hook up to Lake Como Sanitary sewer and water. Gary Cocroft will post a sign on the property. Steve will be at the July 23, 2012 meeting for a recommendation to the Town Board.

Ralph & Sandy Searles N3027 Canary Road asked if they could speak to Chairman Kopecky. They do not have any papers filed but questioned about a lot line adjustment for their property. They need a variance because they are creating a sub-standard parcel. The house and garage would be on eleven lots closer to the lake, and the sub-standard parcel of five lots which are empty would be farther from the lake. Gary Cocroft will post a sign on the property on Canary Road. They will be at the July 23, 2012 meeting for a recommendation.

Discussion and possible action for a request from Walworth County Zoning on a proposed ordinance amendment requiring a conditional use permit and deed restriction for hobby farms. A hobby farm would 10-acres or less with A-1, A-2, A-3, A-4, A-5, and C-2 zonings. The setbacks for a hobby farm would be 35-feet side-yard, and 50-feet rear-yard, and one animal per 1 unit would be allowed. There was a discussion about Walworth County changing ordinances a lot. The commission members agreed that Walworth County is controlling the zoning in the Town of Geneva too much. Andy Schmidt made a motion to recommend to the Town Board to deny the ordinance amendment requiring a conditional use permit and deed restriction for hobby farms. Phyllis Olson seconded the motion. The motion passed unanimously 6-0.

ETZ-No date has been set for a meeting in Williams Bay for The Ridge.

Joe Mesler gave the building inspector’s report.

Phyllis Olson made a motion to adjourn the meeting at 8:55 p.m. Mike Mumford seconded the motion. The motion passed unanimously 6-0.

Respectfully submitted,

Mary Van Lue

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