TOWN OF LISBON
– Developers of the Barnwood Conservancy residential development
near the intersection of Lake Five Road and Silver Spring Drive
gained some key approvals from the Plan Commission.
And, for the
second time in three weeks, citizens who initially opposed the
development did not attend a commission meeting, At Thursday night’s
meeting, the commission informally approved a preliminary plat and a
declaration of restrictions for the 52-lot, 75-acre development.
of restrictions outlines square footage, architectural design,
building materials, and distances between homes, that home owners
and builders must observe.
Joe Osterman and Commissioner Mark Meyer said they believed the
restrictions addressed some of the concerns that were raised by
homeowners living in neighborhoods adjacent to the proposed
have argued most of the lots are about 30,000 square feet rather
than one acre (42,000 square feet), and therefore the new houses
will be smaller and result in reducing the property values of larger
homes on one acre lots in adjacent subdivisions.
There are 39
lots of about 30,000 square feet and 13 lots of about one acre,
according to the plans.
questioned how the restrictions can be enforced since typically
enforcement is the responsibility of the developer and home owners
in the development, not the town.
Daniel J. Lindstrom explained that the restrictions could be
incorporated into the agreement between the town and the developer
that will be part of the final approval for the project.
process for Barnwood includes the drafting of a new ordinance that
gives the town board the authority to create special zoning
districts for unique developments.
ordinance is the product of a legal opinion issued by the town’s law
firm of Cramer, Multhauf & Hammes.
the opinion, for planned unit developments like Barnwood to be
built, the town board must approve any necessary land use and zoning
changes, create a special zoning district for the development, and
approve a conditional use permit.
January and February meetings, the plan commission reviewed a draft
of the ordinance prepared by the town staff and at Thursday night’s
meeting tentatively recommended it to the Town Board for adoption.
commissioner members appeared to be uncertain whether town attorneys
had thoroughly reviewed the draft ordinance.
Joe Osterman asked Administrator Matt Janecke if the firm’s managing
partner, James Hammes, had reviewed the document.
Janecke did not
answer directly but told the commission that Hammes’s partner,
Katheryn Gutenkunst, who usually represents the town on legal
matters, had been involved it the discussions about the ordinance
although she had not formally approved it.
town documents, Gutenkunst was told she would not have to attend the
commission meeting even though discussion and possible action on the
ordinance was on the agenda.
Jane Stadler and Chad Samanske initially expressed reservations
about the commission acting on the proposed ordinance without
knowing if the lawyers had reviewed the document.
“This is a big
thing. We want to make sure we do it right,” Stadler said.
agreed to vote to recommend the ordinance to the town board
contingent on the lawyers’ review.
agreed they would review the document again if the law firm
suggested major changes after reviewing the proposal.