Various Public Documents

2011 Open Book and Board of Review Requirements and Procedure

Lyn Neuenfeldt, Clerk — Mon, 16 May 2011 17:11:09 GMT

2011 Apr PC Exhibit1 RE 5 acres

Andrew Hogan, Clerk (4/2009-4/2011) — Tue, 19 Apr 2011 13:23:22 GMT

Wednesday, April 6, 2011 Plan Commission Meeting Exhibit 1

Letter from Rick & Eileen Lankow received by the office of the clerk 4/5/2011 expressing support for proposed changes to the zoning ordinance including reducing the minimum lot size of RE (Rural Estate) districts from 7 to 5 acres, and, Conditional Use provisions for animals in R-1 (residential) districts.

!! CLICK HERE !! for related minutes

Please click the 'Download' button next to the GREEN arrow to download a PDF of the Exhibit 1.

2010 Annual Report

Andrew Hogan, Clerk (4/2009-4/2011) — Tue, 12 Apr 2011 17:45:13 GMT

Town of Hortonia

2010 Annual Report

Please click the 'Download' button next to the GREEN arrow to view the report.

Document(s) related to the Minutes:
• !! CLICK HERE !! for minutes from 4/12/2011 Annual Meeting

April 5 2011 Official Election Results

Andrew Hogan, Clerk (4/2009-4/2011) — Sun, 10 Apr 2011 00:26:08 GMT

Certification of the Board of Canvassers

For the Town of Hortonia munipal office races:

Chairman - John Jaeckle winner - 239 votes
Supervisor #1 - Nancy Willenkamp winner - 236 votes
Supervisor #2 - Robert Luedtke winner - 249 votes
Town Clerk - Lyn Marie Neuenfeldt winner - 251 votes
Town Treasurer - Marilyn Martin winner - 258 votes
Constable - Kevin Clegg winner - 237 votes

Pub. Hearing Feb. 22 2011 Determination

Andrew Hogan, Clerk (4/2009-4/2011) — Sat, 19 Mar 2011 05:01:55 GMT

Town's Determination regarding the 2/22/2011 Variance Request

The authenticated variance request application posted 3/18/2011 reflects the Town's determination on the variance request; and, is accompanied by the clerk's letter to the variance applicant explaining the Town's record of the proceedings.

Regulation §1.10(3)(b) of Hortonia's zoning ordinance adopted August 1996, amended December 2000, stipulates that "All actions or decisions shall be taken by resolution in which four members, present during the proceedings, must concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision." At the 2/22/2011 public hearing the clerk stated that the determination has to be based on a set of facts from which conclusions are drawn that form the basis of the determination. This constitutes the zoning Board of Appeals resolution.

Without a written resolution, the office of the town clerk deems the resolution to be verbally expressed by the Board, and, the determination to be expressed by this resolution; and, absent any amendment to the record of the evening's proceedings, the resolution expressed by the Chairman of the zoning Board of Appeals is that Mr. Magadanz is not granted a variance. No action has been taken by the zoning Board of Appeals subsequent to counsel providing a legal opinion to Town officials indicating that a variance should be granted by majority; nor, has the zoning Board of Appeals given any indication that action would be forthcoming.

Please click the 'Download' button next to the GREEN arrow to download a PDF of the document.

Document(s) related to this material:
• !! CLICK HERE !! for variance request for 120-0283-00
• !! CLICK HERE !! for minutes of 2/22/2011 public hearing
• !! CLICK HERE !! for minutes of 3/8/2011 Town Board meeting
• !! CLICK HERE !! for legal opinions regarding the proceedings

Pub. Hearing Feb. 22 2011 Legal Opinions

Andrew Hogan, Clerk (4/2009-4/2011) — Sat, 19 Mar 2011 03:46:24 GMT

Legal Opinions from Town's Counsel

Please click the 'Download' button next to the GREEN arrow to download a PDF of the document.

These legal opinions were posted 3/18/2011 on the advice of counsel to provide a record for the basis of granting the variance approval based on majority vote. Counsel opines that the Board of Appeals resolution consists of the verbally stated & undisputed statements of fact, the conclusions stated by the board members and the vote itself, any comments about the effect of the vote notwithstanding. Therefore the determination of the zoning Board of Appeals should be consistent with a majority vote.

Ballot Sample HASD April 5, 2011

Andrew Hogan, Clerk (4/2009-4/2011) — Thu, 10 Mar 2011 06:20:58 GMT

Town of Hortonia Sample Ballot for the April 5, 2011 spring election - Hortonville Area School District sections of Hortonia. !! CLICK HERE !! for map of school districts in Hortonia.

Please click the 'Download' button next to the GREEN arrow to view the sample ballot - this is the same sample ballot you will see taped to the Town Hall door and the Fire Hall door.

If you need an absentee ballot, state law requires that you submit your request in writing (e-mail or FAX ok, but same deadlines apply) to the clerk. !! CLICK HERE !! for details.

Ballot Sample SDNL April 5, 2011

Andrew Hogan, Clerk (4/2009-4/2011) — Thu, 10 Mar 2011 05:50:49 GMT

Town of Hortonia Sample Ballot for the April 5, 2011 spring election - School District of New London sections of Hortonia. !! CLICK HERE !! for map of school districts in Hortonia.

Please click the 'Download' button next to the GREEN arrow to view the sample ballot - this is the same sample ballot you will see taped to the Town Hall door and the Fire Hall door.

If you need an absentee ballot, state law requires that you submit your request in writing (e-mail or FAX ok, but same deadlines apply) to the clerk. !! CLICK HERE !! for details.

PC Mtg Mar.2 2011 Sanders Overview

Andrew Hogan, Clerk (4/2009-4/2011) — Fri, 04 Mar 2011 05:13:23 GMT

1 page (double-sided, ie. 2 page) handout / overview of WLP (Working Lands Program) including key components, and 7 questions relevant to WLP inclusion into Town’s zoning ordinance:

What should the minimum lot size be for nonfarm residences on base farm tracts within exclusive agricultural districts?
The Town currently has one agricultural district (A-1 Prime Agriculture). How many new agricultural districts (if any) should be created to meet the farming needs of the community?
If the Town creates new Ag districts, how small should the minimum lot sizes be?
- A-2 General Agricultural
- A-3 Agricultural Transition
Should the Town have more than one Farmland Preservation District?
Should the Town impose a supplementary conversion fee to fund agricultural preservation?
If so, what should that fee·be?
- $100 / acre?
- Percentage of WI DOA conversion fee?
How will the Town determine which parcels remain in A-1 andwhich transition to another Ag district?
- Parcel size?
- Location?

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 3/2/2011 Plan Commission meeting

PC Mtg Mar.2 2011 Johnson Handout

Andrew Hogan, Clerk (4/2009-4/2011) — Fri, 04 Mar 2011 04:54:01 GMT

7 page (double-sided, ie. 14 page) handout including: summary of WLP (which replaces Farmland Preservation Program), schedule of new tax credits ($7.50/acre) + eligibility requirements, overview of Agricultural Enterprise Areas (AEAs), explanation of Purchase of Agricultural Conservation Easements (PACE), conversion fee facts, and, use value guidelines for Ag Assessment.

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 3/2/2011 Plan Commission meeting

Pub. Hearing Feb. 22 2011 Evidence Ex.4

Andrew Hogan, Clerk (4/2009-4/2011) — Fri, 04 Mar 2011 03:53:41 GMT

Exhibit #4 entered by Magadanz

Magadanz provided two site plan drawings to BOA and members of public seated in gallery, indicating proposed relocation of house and highlighting location of proposed concrete retaining walls.

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 2/22/2011 public hearing

Pub. Hearing Feb. 22 2011 Evidence Ex.3

Andrew Hogan, Clerk (4/2009-4/2011) — Fri, 04 Mar 2011 03:50:09 GMT

Exhibit #3 entered by Emmons

To help BOA visualize setbacks, Emmons provided a drawing of site plan from binder given by Magadanz in January.

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 2/22/2011 public hearing

Pub. Hearing Feb. 22 2011 Evidence Ex.2

Andrew Hogan, Clerk (4/2009-4/2011) — Fri, 18 Feb 2011 02:58:35 GMT

Exhibit #2 received by Town Clerk on 2/17/2011

February 15, 2011 letter from WI DNR Floodplain Zoning Specialist Richard Koch. This letter opines that reexamination of the compliance of the existing property in regards to shore land and floodplain zoning is an issue that is not properly before the Town of Hortonia's zoning Board of Appeals. Referring to Outagamie County Circuit Court Case No. 95-CV-366 and 06-CV-789, DNR concludes that the issue has been thoroughly litigated and has resulted in a decision that the Magadanz property is not in compliance and must be brought into complaints. This letter is in support of the variance request as long as it is the minimum amount necessary so that compliance with Outagamie County's Floodplain and Shore Land Zoning Ordinance can be achieved. The letter will be entered as evidence at the Tuesday, February 22, 2011 Public Hearing of the Town of Hortonia zoning Board of Appeals regarding a setback variance request concerning parcel 120-0283-00.

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 2/22/2011 public hearing

Pub. Hearing Feb. 22 2011 Evidence Ex.1

Andrew Hogan, Clerk (4/2009-4/2011) — Thu, 17 Feb 2011 17:58:28 GMT

Exhibit #1 received by Town Clerk on 2/17/2011

February 16, 2011 letter from Outagamie County Zoning Administrator Tim Roach. This letter is in support of the variance request for a property line setback by Mr. Magadanz. The letter will be entered as evidence at the Tuesday, February 22, 2011 Public Hearing of the Town of Hortonia zoning Board of Appeals regarding a setback variance request concerning parcel 120-0283-00.

Document(s) related to this material:
• !! CLICK HERE !! for minutes of 2/22/2011 public hearing

2011 JAN staff report on Act 376

Andrew Hogan, Clerk (4/2009-4/2011) — Sat, 12 Feb 2011 23:39:18 GMT

Plan Commission Staff Report

Subject: Land Division/Subdivision Ordinance compliance with Wisconsin Act 376 (§236 Wis. Stats)

Recommended minor revisions in order to meet the statutory requirements of amended §236, Wis. Stats

§18.20(10): Revise the first sentence to read: All land division, plats, or Certified Survey Maps, upon receipt of final approval by the Town Board or its designees, shall be recorded in the Office of the Register of Deeds by the land divider at the cost of the land divider within twelve months after the last approval and 36 months from the first approval.
§18.71: Add the following language: Plats must be recorded within 12 months after the last approval and 36 months from the first approval, as required in §236.25(2)(b), Wis. Stats.
§18.110(2)(A): Add the following: 3. If the plat is to be developed in phases, the escrow amount shall be limited to the phase currently being constructed.
§18.110(2)(B): Add the following: 4. If the plat is to be developed in phases, the letter of credit amount shall be limited to the phase currently being constructed.

Recommendations apporved by Plan Commission on 2/1/2011; approved by Town Board 2/8/2011.

Please click the 'Download' button next to the GREEN arrow to download a PDF of the staff rep.

Document(s) related to the minutes:
• !! CLICK HERE !! for minutes of 1/11/2011 Town Board meeting
• !! CLICK HERE !! for minutes of 2/1/2011 Plan Commission meeting
• !! CLICK HERE !! for minutes of 2/8/2011 Town Board meeting
• !! CLICK HERE !! for Land Division / Subdivision ordinance