Planning commission approves Northpointe two-lot CSM after attorney for adjacent family urges delay over notice, driveway and wetland concerns

The Monona Planning Commission approved a certified survey map on June 30 that shifts a lot line between two parcels at 1208 and 1212 East Broadway to place a private-drive entry and several parking stalls wholly on the residential lot, clearing a technical access issue for a proposed age-restricted residential building with freestanding commercial uses.

The applicant (identified by the chair as Sean) said the CSM moves the dividing line roughly 40 feet to the north and does not change existing easements. "This CSM changes essentially the lot lines between our our 2 lots that we own. It moves at about 40 feet to the north," the applicant said.

At the public hearing, Samantha Skinnedor, an attorney representing Deb Whitehorse and the Whitehorse family, urged the commission to delay action. Skinnedor said the family first received notice on June 22 and raised multiple concerns tied to the adjacent private driveway, early-morning construction deliveries, noise and privacy, and the location and management of a proposed retention pond on land she characterized as ancestral Ho Chunk territory. "Notice to the immediate adjacent property landowners has been really waning in this project," Skinnedor said, and she asked that the developer and property owner meet with the family before the commission acts.

Staff acknowledged a noticing error. Doug (city staff) said the Whitehorse property was not mailed notice because of a staff error and that Whitehorse received a courtesy email on June 22. "It was found out that by staff error, the property ... was not notified," he told the commission, adding that he had checked with the city attorney and that there is no statutory timing requirement for notices in this certified survey map process.

Staff recommended approval with findings and three conditions, and said the item had previously been unanimously approved by the Public Works Committee on June 3 and considered by the city council on June 15. Staff described the CSM as providing operational benefits for access and parking and said easements (including a 24-foot joint driveway easement) would remain in place.

Commissioners asked about construction-hour enforcement; staff said preconstruction meetings require contractors to follow construction hours (Monday–Friday, 7 a.m.–9 p.m.), address fencing, staging and traffic flow, and that residents should use the nonemergency police line to report nonemergency issues. The applicant and staff said details for Lot 2's final implementation (the commercial parcel) will be considered separately when those plans are filed.

A motion to approve the CSM "with findings and conditions as written by staff" was made, seconded and carried by voice vote; the chair announced the item passed. The transcript does not record a roll-call tally. The commission did not add an explicit delay requested by the Whitehorse attorney; staff and the chair advised that driveway reconstruction or other changes related to the Broadway driveway are separate matters to be resolved between the property owner, developer and adjacent neighbors or as future agenda items.

The commission's approval resolves the survey-recording issue now while leaving implementation details for Lot 2 and any driveway reconstruction to later review and permitting.