HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 5/17/2007Bayfield County Planning & Zoning Committee Public Hearing / Meeting – May 17, 2007
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MINUTES
Bayfield County Planning / Zoning Committee Public Hearing / Meeting
May 17, 2007
Board Room, County Courthouse, Washburn, WI 54891
1. CALL TO ORDER OF PUBLIC HEARING: By Chairman Beeksma at 3:00 PM.
2. ROLL CALL: Beeksma, Jardine, Maki, Miller, Rondeau, all present.
3. AFFIDAVIT OF PUBLICATION: Read by ZA Kastrosky.
4. REVIEW OF MEETING FORMAT: By Chairman Beeksma.
• Director Kastrosky announced if anyone wished to speak re agenda item “F”, it was withdrawn
by the Town of Clover and would not be heard.
5. PUBLIC HEARING:
A. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING ADMINISTRATOR,
ON BEHALF OF THE BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE, REQUESTING
AMENDMENTS TO THE BAYFIELD COUNTY NON-METALLIC MINING ORDINANCE TO INCLUDE
THE FOLLOWING:
Repealing the existing, and recreating Title 16-Environment, of the Bayfield County Planning
and Zoning Ordinance pertaining to the nonmetallic mining reclamation ordinance for general
requirements, standards, permitting, administration and enforcement.
Director Kastrosky and LUS Tulowitzky reviewed this item; the State requires this adoption by June 1, 2007.
No one spoke in support or opposition.
B. NICHEVO FERRY LINES, INC. (WAYNE NELSON), AND RONALD LINE, AGENT CONDITIONAL
USE REQUEST - Establish & implement an automobile/truck sale, repair, parts, supplies, storage;
boat sales, repair & service; and mini-storage on a 5.15–acre parcel (ID# 006-1049-09) described as a
parcel in part of the SE ¼ of the NE 1/4, Section 22, Township 50 North, Range 4 West, Town of Bayfield.
No one was present to speak regarding this item. Kastrosky announced this was not heard yet at the Town
level due to a date conflict and presented options available to the Committee. One person was in the
audience to speak but requested it be tabled until next month. Committee consensus was not to hear the
issue and reschedule for the June meeting, waiving additional fees.
C. PLUM CREEK LAND CO. REZONE REQUEST (Forestry-1 to Residential-3) on a 40-acre parcel (ID
#04-012-2-43-07-17-3 02-000-10000) located in NW ¼ of the SW 1/4, and a 30-acre parcel (ID# 04-012-2-
43-07-17-3 03-000-10000) located in the SW ¼ of the SW ¼, less S ½ of the S ½, all in Section 17,
Township 43 North, Range 7 West, Town of Cable.
Mike Lamb, Tomahawk, WI, (Realtor w/ Plum Creek) said property has been in timber production for years,
plans are now to develop it into residential parcels; they originally sought R-1 however the Town
recommended R-3 with two-acre lots on these 70 acres. Supervisor Maki was concerned about the many
wells and septics that would be involved on this development. Lamb noted: wetlands on property might be
approximately 5%; Town of Cable approved this as it complies with their land use plan; Plum Creek will
bring in soil testers to make sure lots will perk. Gene Uttech (Rhinelander, WI) confirmed Mr. Lamb’s
comments and was available if the Committee had questions. Discussion then followed re sanitary district,
septics and approximate costs.
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – May 17, 2007
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Speaking in Support: None
Opposition:
• Robyn Rosenfield, (St. Paul, MN) adjacent land owner, was concerned about wetlands,
overcrowding, noise, pollution, clear-cutting of timber, wildlife, infrastructure; believes EIA needs
to be done; said she was told land surrounding her property would never be sold (was not certain
who made that claim); requested this be tabled for more research.
To address concerns re lot sizes, Kastrosky noted if there are 25 residences on 70 acres each would be
approximately three acres and reminded the Committee this is a rezone, if passed, there will be future
hearings on Town and County levels for preliminary / final plats.
Rebuttal:
• Mark Lamb stated they do not “cut down all the trees”; they work w/ neighbors; have covenants.
Kastrosky noted an opposition file letter from adjacent land owners Kurt Engelmeier and Ann Lloyd of St.
Paul.
D. GRACE BIBLE FELLOWSHIP (SHELDON LORENSON, AGENT) CONDITIONAL USE REQUEST -
Construct steeple on their existing structure (proposed steeple exceeds the 35’ height restriction by 6’
for a total of 41’) located on a 13.43-acre parcel (ID#002-1006-07) located in part of G.L. 2, Section 18,
Township 48 N, Range 4 West, Town of Barksdale.
Emmer Shields, Church Board Member, reviewed the request noting a permit was obtained in 2003 permit
for a steeple however volunteers did not get it installed and when reapplication was made it was discovered
the shoreland height restriction of 35’ was a factor. He explained the pre-fab steeple design / size.
LUS Tulowitzky reported the church is about 650’ from the shoreline area. Kastrosky noted the intent of
height restrictions in shoreland areas includes visual impact however that doesn’t apply here. He said the
original church drawings did not include a steeple.
Support / Opposition: None
E. FRANK & JOAN EINSMAN REZONE REQUEST (Agriculture-1 to Residential-1) on their 9.57-acre
parcel consisting of 2 parcels (ID#’s 006-1026-01-990 and 006-1026-01-001) located in the NW ¼ of the
SW ¼, Section 12, Township 50 N, Range 4 W, Town of Bayfield.
Kastrosky noted this Item is as Item B. (the Town of Bayfield has not yet met, therefore this has been not
heard at the Town level). One person in the audience came to speak to this issue however said it was
satisfactory to table it. Jardine’s opinion was to table this for the June meeting and re-notice without
additional cost to the applicant.
F. TOWN OF CLOVER CONDITIONAL USE REQUEST - Relocate / operate a solid waste transfer
station on a 4.5-acre parcel (ID# 014-1118-05) described as Lot 3 in the Robert Bartlett Jr. 2nd Addition to
Orchard City, in Section 8, Township 50 N, Range 7 W, Town of Clover. Waiver of EIA requested per
Section 13-1-42(c)4.
Fax was received 05/14/07 from Frank Koehn, Town of Clover Chair, requesting this request to relocate and
operate a solid waste transfer station be withdrawn; Clover’s plans have changed.
G. ANDREW / JENNIFER SAUTER-SARGENT REZONE REQUEST (Residenial-1 to Agricultural-1) on
a 29.77-acre parcel (ID# 010-1007-07) located in the NW ¼ of the NW ¼ and a 40-acre parcel (ID# 010-
1088-01) located in the SW ¼ of the NW ¼, Section 36, Township 51 N, Range 6 W, Town of Bell.
No one represented this case.
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – May 17, 2007
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Director Kastrosky reviewed the file: land is used agriculturally and is adjacent to Ag land; Town Board
recommended approval is on file; letters of support are on file from Michael & Ellen Ebert, and Constance
Ebert stating they would only be opposed if it would become a large scale animal operation, especially a
hog farm, and if operation would involve large Ag storage / processing buildings. Kastrosky also noted the
parcel number listed was listed incorrectly on the public hearing notices (as above); accurate number is
#010-1087-09.
6. ADJOURNMENT OF PUBLIC HEARING: Motion at 4:13 PM by Jardine, seconded by Miller, to adjourn
the public hearing.
7. CALL TO ORDER OF ZONING COMMITTEE MEETING: By Chairman Beeksma at 4:13 PM.
8. ROLL CALL: Beeksma, Jardine, Maki, Miller, Rondeau, all present.
9. MINUTES OF PREVIOUS MEETING(S): (April 19) Motion by Jardine, second by Miller to approve the
April 19, 2007 minutes without additions or corrections; carried 5 yes / 0 no.
10. BUSINESS:
A. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING ADMINISTRATOR,
ON BEHALF OF THE BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE, REQUESTING
AMENDMENTS TO THE BAYFIELD COUNTY NON-METALLIC MINING ORDINANCE TO INCLUDE
THE FOLLOWING:
Repealing the existing, and recreating Title 16-Environment, of the Bayfield County Planning
and Zoning Ordinance pertaining to the nonmetallic mining reclamation ordinance for general
requirements, standards, permitting, administration and enforcement.
Motion by Maki, second by Rondeau, to approve the amendments to the non-metallic mining ordinance,
and send on to the Full Board; carried 5 yes / 0 no.
B. NICHEVO FERRY LINES, INC. (WAYNE NELSON), AND RONALD LINE, AGENT CONDITIONAL
USE REQUEST - Establish & implement an automobile/truck sale, repair, parts, supplies, storage;
boat sales, repair & service; and mini-storage on a 5.15–acre parcel (ID# 006-1049-09) described as a
parcel in part of the SE ¼ of the NE 1/4, Section 22, Township 50 North, Range 4 West, Town of Bayfield.
Motion by Jardine, second by Rondeau, to re-notice this request to be heard at the June 21, 2007
public hearing / meeting with no additional cost to the applicant; motion carried—5 yes / 0 no.
C. PLUM CREEK LAND CO. REZONE REQUEST (Forestry-1 to Residential-3) on a 40-acre parcel (ID
#04-012-2-43-07-17-3 02-000-10000) located in NW ¼ of the SW 1/4, and a 30-acre parcel (ID# 04-012-2-
43-07-17-3 03-000-10000) located in the SW ¼ of the SW ¼, less S ½ of the S ½, all in Section 17,
Township 43 North, Range 7 West, Town of Cable.
Motion by Jardine to approve this rezone; second by Rondeau; motion carried, 5 yes / 0 no.
D. GRACE BIBLE FELLOWSHIP (SHELDON LORENSON, AGENT) CONDITIONAL USE REQUEST - to
construct a steeple on their existing structure (proposed steeple exceeds the 35’ height restriction by 6’
for a total of 41’) located on a 13.43-acre parcel (ID#002-1006-07) located in part of G.L. 2, Section 18,
Township 48 N, Range 4 West, Town of Barksdale.
Motion to approve by Maki, seconded by Rondeau; carried 5 yes / 0 no.
E. FRANK & JOAN EINSMAN REZONE REQUEST (Agriculture-1 to Residential-1) on their 9.57-acre
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – May 17, 2007
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parcel consisting of 2 parcels (ID#’s 006-1026-01-990 and 006-1026-01-001) located in the NW ¼ of the
SW ¼, Section 12, Township 50 N, Range 4 W, Town of Bayfield.
Motion by Maki, second by Miller to re-notice this Item to be heard at the June 21, 2007 public hearing
and meeting at no additional charge to the applicant; carried 5 yes / 0 no.
F. TOWN OF CLOVER CONDITIONAL USE REQUEST - Relocate / operate a solid waste transfer
station on a 4.5-acre parcel (ID# 014-1118-05) described as Lot 3 in the Robert Bartlett Jr. 2nd Addition to
Orchard City, in Section 8, Township 50 N, Range 7 W, Town of Clover. Waiver of EIA requested per
Section 13-1-42(c)4.
[This Item was withdrawn by the Town of Clover.]
G. ANDREW / JENNIFER SAUTER-SARGENT REZONE REQUEST (Residenial-1 to Agricultural-1) on
a 29.77-acre parcel (ID# 010-1007-07) located in the NW ¼ of the NW ¼ and a 40-acre parcel (ID# 010-
1088-01) located in the SW ¼ of the NW ¼, Section 36, Township 51 N, Range 6 W, Town of Bell
Motion by Jardine, second by Rondeau, to approve this rezone; carried 5 yes / 0 no.
Agenda Review and Alteration
H. ROD BLOHM SPECIAL USE REQUEST – Hobby Farm (four horses / mules) and Private Dog
Kennel (19 dogs) located on a 20-acre parcel in the E ½ of the NE ¼ of the SW ¼, section 36, Township
45 N, Range 8 W, Town of Drummond.
Rod Blohm stated he currently has two horses, 18 dogs (which he doesn’t plan to replace as he loses
them). He said there was concern at the Town level re barking but he was able to clarify and satisfy that
issue and the Town approved his request. He stated he has good track record from another location with no
personal calls of complaint re barking or other issues and none made to local officials.
Motion by Miller to approve this special use permit for up to 19 dogs and up to four horses and/or mules
for this current owner only, permit will not transfer to future owners; second by Maki; carried 5 yes / 0 no.
I. JOSHUA / BRENDA ROWLEY, OWNERS and TOWN OF KELLY, LAWRENCE FOX (AGENT) –
SPECIAL USE REQUEST – Municipal Building (Town Garage) on a 3-acre parcel (part of #026-1044-01)
in the SW ¼ of the SE ¼, Section 21, Township 46N, Range 5 W, Town of Kelly.
Neither Applicant nor Agent was present. LUS Travis Tulowitzky reviewed the request stating the Rowley’s
have property adjacent to the Town Hall / Garage; an offer to purchase three acres of Rowley’s property is
in progress; the Town wants to build a municipal garage. Kastrosky noted Town Board recommended
approval is on file but no other input (support or opposition).
Motion Maki, second by Rondeau, to approve; carried 5 yes / 0 no. TBA on file; nothing else in file; carried.
J. MIKE KUBALA SPECIAL USE REQUEST – Home-Based Business (drywall / painting) located on a
.46-acre parcel (#004-1320-07) in the SE ¼ of the SW ¼, Lot 29, Running Bear’s addition to Potawatomi
Estates, Section 8, Township 45 N, Range 9 W, Town of Barnes.
Mike Kubala said he will have his office in his home. Kastrosky noted the Town approved this with a
condition of no outside storage of material or equipment. Rondeau made a motion, seconded by Miller, to
approve with a condition there be no outside storage of materials or equipment; carried—5 yes, 0 no.
K. DISCUSSION / POSSIBLE ACTION – SOUTH SHORE SAND & GRAVEL (dba Venstone LLC) –
Reclamation Plan Approval [80-acre parcel (ID# 2010001000) described as the E ½ of the NW, Section
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – May 17, 2007
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15, Township 47, Range 8, Town of Iron River]
Kastrosky explained that the minutes from February 2007 indicated that Ralph Frostman’s conditional use
request was approved but not the reclamation plan and it must be considered separately. Jardine stated he
believed he made a motion to approve the rec. plan at that time. Motion by Jardine to approve the Rec.
Plan, second by Rondeau; carried 5 yes / 0 no.
L. CITIZENS’ CONCERNS / INPUT:
• Scott Coles (w/ Milestone Materials) spoke re non-metallic mining permits. He said some came
through w/ a ‘definition problem’ stating only ‘gravel pit’ and no crushing, washing, etc. allowed, yet
those activities have been conducted there in past years. Kastrosky explained that the Committee
recently changed non-metallic mining permits to include all the things associated with and expected
in a gravel pit unless any or all are specifically eliminated by request. The Committee consensus
was for the Planning & Zoning Dept. to handle this with Mr. Coles and review current permits and
determine if any would be required to come back before the Committee.
• Harold Maki asked about special event tents and if permits are required. Kastrosky reported we do
not issue permits for them.
M. DISCUSSION / POSSIBLE ACTION – NR115 RE-WRITE UPDATE:
Karl reported this may go to public hearing this summer.
N. OTHER ITEMS THAT MAY COME BEFORE THE COMMITTEE (Discussion only):
• Comprehensive Land Use Steering Committee: Karl noted he wants to establish an oversight
committee; to assist in grant application; Dave Good, Jim Beeksma, and Shawn Miller, as well as a
few others possibly will serve on this Committee. Karl noted he will place this item on the June
agenda.
• Meeting Time June 21, 2007 Planning / Zoning Meeting: 4:00 PM
11. MONTHLY REPORT: Motion by Jardine, second by Rondeau to approve (April 2007); carried 5 yes /
0 no.
12. ADJOURNMENT: Motion by Rondeau, second by Jardine to adjourn at 4:53 PM. Carried.
Karl L. Kastrosky, Planning / Zoning Director
Bayfield County Planning / Zoning Dept.
Prepared by MJJ on 05/18/07
Approved by KLK on 5/21/07
cc: Administrator; Clerk; Corp.Counsel; DNR; Committee; Supervisors
K/ZC/Minutes/2007/#5May