HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 4/16/2009Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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MINUTES
Bayfield County Planning / Zoning Committee Public Hearing / Meeting
April 16, 2009 – 1:00 PM
Board Room, County Courthouse, Washburn, WI 54891
1. CALL TO ORDER OF PUBLIC HEARING: By Vice Chairman Brett Rondeau at 1:05 PM.
2. ROLL CALL: Jardine, Miller, Rondeau, present; Beeksma absent; Maki absent / excused.
3. AFFIDAVIT OF PUBLICATION: Read by ZA Kastrosky
4. REVIEW OF MEETING FORMAT: By Vice Chair Rondeau.
5. PUBLIC HEARING:
A. SUSAN DEFOE CONDITIONAL USE REQUEST - short-term rentals of four existing structures each on
stand alone lots. Legal descriptions are: a 1.448-acre parcel (ID# 04-006-2-50-04-28-1-04-000-10000),
described as Lot 1 of CSM 736, Section 28, Township 50 N, Range 4 W; a 1.011-acre parcel (ID#04-006-2-50-
04-27-2-05-002-40000), described as Lot 7 of CSM 1190, Section 27, Township 50 N, Range 4 W; a 0.906-
acre parcel (ID# 04-06-2-50-04-28-1-04-000-02000), described as Lot 8 of CSM 1190, Section 28, Township
50 N, Range 4 W; and a 0.689-acre parcel (ID# 04-006-2-50-04-27-2-05-002-30000), described as Lot 9 of
CSM 1190 all in Section 27, Township 50 North, Range 4 West, Town of Bayfield.
Susan Defoe-Prevost explained the reason for her request: change in Zoning Dept. requirements; has two
four-unit short-term rentals.
Audience Support / Opposition: None
File Report: Director Kastrosky said town input was not available due to the Town’s meeting being after
today’s public hearing; there were no letters of support / opposition on file. Kastrosky said because the
parcels are contiguous, and units were built as such, this becomes a conditional use rather than a Class B
Special Use. AZA Doug Casina noted there are two more short-term rental cottages in the area (different
owners).
B. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST RECLAMATION PLAN – Continue to
Operate Existing Non-metallic Mine (gravel pit) (#55-007-00000-0146). Property is described as an 80–
acre parcel (ID#’s 04-024-2-47-08-26-3-01-000-10000 & 04-024-2-47-08-26-3-04-000-10000), located in the
NE ¼ of the SW ¼ and the SE ¼ of the SW ¼ (aka: E ½ SW ¼), Section 26, Township 47 North, Range 8
West, Town of Iron River.
Agent Richard Forsythe explained the main request encompasses renewal / extension of a ten-year
conditional use but this item is for extension of the reclamation plan from 4-5 yrs ago. Forsythe noted it is the
same Rec Plan but needs to be tied to this renewal. Kastrosky noted the Rec Plan has been
reviewed/approved by Land Conservation.
Audience Support / Opposition: None
C. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST – Continue to Operate Existing Non-
metallic Mine (gravel pit) (#55-007-00000-0146). The request includes crushing, screening or sizing, and
washing operations. Property is described as an 80–acre parcel (ID#’s 04-024-2-47-08-26-3-01-000-10000 &
04-024-2-47-08-26-3-04-000-10000), located in the NE ¼ of the SW ¼ and the SE ¼ of the SW ¼ (aka: E ½
SW ¼), Section 26, Township 47 North, Range 8 West, Town of Iron River.
Agent Richard Forsythe requests an extension of the ten-year conditional use permit which expired the end
of March, 2009; they are asking for at least a five-year, preferably ten year extension, however, they will come
back as often as the Committee requires. AZA Casina noted we do not have a standard for how many years
we can extend these permits.
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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Audience Support / Opposition: None
File Report: Director Kastrosky said Iron River approved the request without duration or reason for approval;
no other letters in support or opposition were on file.
Forsythe said he believes duration of ten years is appropriate; they are unsure how long the pit will last.
Kastrosky noted the property is 80 acres; it might be wise to take a look at it again in ten years and advised
the Committee that we review pits on an annual basis.
D. JAMES / SHIRLEY MOREY CONDITIONAL USE REQUEST – Two (2) short-term rentals: on a 5.5-acre
parcel (ID# 04-034-2-43-06-09-2-05-003-14000), in Lot 1 of CSM 41, being a part of Gov’t Lot 3, Section 9,
Township 43 N, Range 6 W, Town of Namakagon.
James Morey said this is part of a resort his grandfather built (Junek’s Point) and this is the 50th year.
Audience Support / Opposition: None
File Report: Kastrosky noted Town approval with w/ ‘boilerplate’ conditions as follows: ‘No other structures or
vehicles, permanent or temporary, can be placed on the property for human habitation or business, excepting
a single trailer/vehicle occupied by the Owner if the vehicle was used this way prior to this permit application.”
Morey explained they live in Hayward, have a camper on the property during the summer months which they
stay in on week ends to check guests in and do other pertinent week end work there.
E. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent)
CONDITIONAL USE REQUEST - to continue operating existing non-metallic mine (i.e. gravel pit) (#55-
007-00000-0057) RECLAMATION PLAN. Property described as an 8.27-acre parcel (ID# 04-012-2-43-08-24-
1-01-000-50000), located in the NE ¼ of the NE ¼, Section 24, Township 43 N, Range 8 W, Town of Cable.
Agent Mark Rasmussen said their Rec Plan is on file and has been reviewed / accepted by the Land
Conservation Dept.
Audience Support / Opposition: None
File Report: Kastrosky reported no correspondence for/against on file
F. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent)
CONDITIONAL USE REQUEST - to continue operating existing non-metallic mine (i.e. gravel pit) (#55-
007-00000-0057). Property described as an 8.27-acre parcel (ID# 04-012-2-43-08-24-1-01-000-50000),
located in the NE ¼ of the NE ¼, Section 24, Township 43 N, Range 8 W, Town of Cable.
Agent Mark Rasmussen said they want to continue the conditional use; it was permitted for ten years;
footprint of pit has not changed. Request is to haul six days a week with crushing done only every other year
for a brief period of time; they have a 300’ buffer; Planning Commission and Town approved the request.
Audience Support / Opposition: None
Kastrosky asked if the Town placed conditions. Rasmussen answered operation during business hours of
7:00 AM to 7:00 PM; present ‘on record’ conditions apply; no duration was discussed. Kastrosky: no
correspondence on file.
G. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING DIRECTOR ON BEHALF
OF THE BAYFIELD COUNTY PLANNING & ZONING COMMITTEE REQUESTING AMENDMENTS TO THE
BAYFIELD COUNTY ZONING ORDINANCE INCLUDING THE FOLLOWING:
1. Repeal and re-creation of Section 13-1-28(a), (b), and (c), pertaining to campgrounds,
establishing new requirements for information to be submitted with applications to establish or expand
campgrounds, and new site standards for campgrounds, including area, density, setback, frontage,
shoreland vegetation protection area, and use requirements and limitations.
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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2. Creation or revision of definitions for “campground,” “camping unit,” “campsite,” and “group
campsite.”
Director Kastrosky presented background / reviewed proposal; the Zoning Committee had instructed the
Dept. to develop a campground ordinance which has been developed over the past two years with Corp.
Counsel Bussey [attachment to minutes]. He said the proposal includes EIAs, conditional use permits in R-RB
and Forestry with the same language as today except inland lakes / Class 1’s need five acres; there is 125’
setback on all classes which today is 75’.
Audience Support: None
Opposition:
o Sheree Bye (Delta; representing the Town’s Planning Commission): ‘is concerned more than
opposed’ and suggested limiting campsites to four in the woods and three per acre on water, instead
of ten and five. They believe ‘site standards of 40% of the camping units to be used for short-term
occupancy only’ is too low and want to see that percentage higher. RE density on water (site
standards), they believe five campsites per acre is too many. They also would like the cap on total
numbers of campsites allowed on a lake to be based upon the classification of each lake; they are
concerned as well about the total number of people allowed on campsites.
Supervisor Jardine said he didn’t feel this could be acted on today; Supervisor Rondeau agreed, and said
additional ‘tweaking is necessary’. Supervisor Miller said we have to remember that property owners who
water/jet ski, and fish, etc. also have rights on the lakes they live on.
o Jane Swenson (area ‘Lakes’ volunteer) questioned ‘group campsites’. Kastrosky said consideration
is how it can be handled / regulated fairly with scout groups, etc. He said they may be able to have a
fair maximum and ‘overflows’ could get individual sites. Ms. Swenson was apprehensive about
campgrounds now in place which may be in violation, if they would be allowed to apply for more sites.
Kastrosky said violations would have to be corrected before more would be allowed, however, if in
compliance with the old ordinance, they would not have to remove ‘grandfathered’ sites; if
campgrounds are in compliance they should be allowed to expand; they must comply with all State
regulations, County health certificates, etc.
Concern was expressed that location of each site to be included in the map / designation of each site
(i.e. RV or tent). Kastrosky said this could be made more specific if it isn’t clear. There was concern
RE having proper site standards and ‘losing lakes’. Kastrosky said there are twelve thresholds to
review in considering campgrounds—standards will have to be met. RE questions on short-term
campsites and number of group campsites, he stated these items are ‘arbitrary’; in the past there was
no threshold; the challenge is to ‘fill in the blanks’.
Swenson recommended raising the number of short-term camping units (Site Standards) from 40% to
50 or 60%; was concerned about environmentally appropriate locations, site standards, campground
paths, shoreland standards, dead trees. Director Kastrosky and AZA Mike Furtak commented
about approval(s) noting it will not be ‘automatic’-- Land Conservation will be required to approve.
o Jim Brakken (Cable) said he represents 22 lakes associations across the County; believes this
proposal needs further study; is not opposed to camp ground development as long as laws are
followed. One concern is for short-term occupancy, which differs from most seasonal renters and/or
property owners as there tends to be more lack of respect or taking ‘ownership’-- many visit once and
are gone.
Brakken was most concerned about smaller, more vulnerable Class 2 & 3 lakes; wants to see
campgrounds only where heavier development can withstand it. He believes if applicants are unwilling
to go to a Class 1 Lake, then they should find property for off-shore campgrounds. He gave an
example of Class 2 Wiley Lake with ten cabins or homes within the shoreline; if a campground is put in
most sites would have two – six people, therefore if there were fifty units, it could potentially raise the
pressure from 20 people to 120 to 300+. He added lakes classification is important to consider; feels
minimum of ten acres should be required to have a campground; if there is a public boat landing, then
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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no private launch should be allowed on lakes; is concerned about businesses developing
campgrounds in the County; also concerned about modern camping methods and the outcome on our
lakes. Recommendation: not approve ‘as is’.
AZA Furtak said this doesn’t address state or federal campgrounds. He said they tend to be violators of
regulations; would like to see added language they must comply.
6. ADJOURNMENT OF PUBLIC HEARING: Motion by Jardine / Miller; adjourned at 2:25 PM.
7. CALL TO ORDER OF ZONING COMMITTEE MEETING: By Vice Chairman Rondeau at 2:25 PM.
8. ROLL CALL: Jardine, Miller, Rondeau, present; Beeksma absent; Maki absent / excused.
9. MINUTES OF PREVIOUS MEETING(S): Motion by Jardine / Miller to approve the March 19th minutes as prepared;
carried 3 yes / 0 no.
10. BUSINESS:
A. SUSAN DEFOE CONDITIONAL USE REQUEST - short-term rentals of (4) existing structures each on
stand alone lots. Legal descriptions are: a 1.448-acre parcel (ID# 04-006-2-50-04-28-1-04-000-10000),
described as Lot 1 of CSM 736, Section 28, Township 50 N, Range 4 W; a 1.011-acre parcel (ID#04-006-2-50-
04-27-2-05-002-40000), described as Lot 7 of CSM 1190, Section 27, Township 50 N, Range 4 W; a 0.906-
acre parcel (ID# 04-06-2-50-04-28-1-04-000-02000), described as Lot 8 of CSM 1190, Section 28, Township
50 N, Range 4 W; and a 0.689-acre parcel (ID# 04-006-2-50-04-27-2-05-002-30000), described as Lot 9 of
CSM 1190 all in Section 27, Township 50 North, Range 4 West, Town of Bayfield.
Motion by Jardine / Miller to approve. Jardine then amended his motion to include ‘approve pending
Town Board approval’; Miller seconded the amendment. Discussion: Kastrosky noted the Town meets after
the ZC meeting this month. The motion then carried 3 yes / 0 no.
B. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST RECLAMATION PLAN – Continue to
Operate Existing Non-metallic Mine (gravel pit) (#55-007-00000-0146). Property is described as an 80–
acre parcel (ID#’s 04-024-2-47-08-26-3-01-000-10000 & 04-024-2-47-08-26-3-04-000-10000), located in the
NE ¼ of the SW ¼ and the SE ¼ of the SW ¼ (aka: E ½ SW ¼), Section 26, Township 47 North, Range 8
West, Town of Iron River.
Motion by Miller / Jardine to approve the Reclamation Plan: no further discussion; carried 3 yes / 0 no.
C. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST – Continue to Operate Existing Non-
metallic Mine (gravel pit) (#55-007-00000-0146). The request includes crushing, screening or sizing, and
washing operations. Property is described as an 80–acre parcel (ID#’s 04-024-2-47-08-26-3-01-000-10000 &
04-024-2-47-08-26-3-04-000-10000), located in the NE ¼ of the SW ¼ and the SE ¼ of the SW ¼ (aka: E ½
SW ¼), Section 26, Township 47 North, Range 8 West, Town of Iron River.
Motion by Jardine / Miller to approve this application with a duration of ten years; no discussion; motion
carried 3 yes / 0 no.
D. JAMES / SHIRLEY MOREY CONDITIONAL USE REQUEST – Two (2) short-term rentals: on a 5.5-acre
parcel (ID# 04-034-2-43-06-09-2-05-003-14000), in Lot 1 of CSM 41, being a part of Gov’t Lot 3, Section 9,
Township 43 N, Range 6 W, Town of Namakagon.
Motion by Miller / Jardine to approve and including the Town’s conditions (‘No other structures or vehicles,
permanent or temporary, can be placed on the property for human habitation or business, excepting a single
trailer/vehicle occupied by the Owner if the vehicle was used this way prior to this permit application.’) No
discussion: motion carried 3 yes / 0 no.
E. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent)
CONDITIONAL USE REQUEST - to continue operating existing non-metallic mine (i.e. gravel pit) (#55-
007-00000-0057) RECLAMATION PLAN. Property described as an 8.27-acre parcel (ID# 04-012-2-43-08-24-
1-01-000-50000), located in the NE ¼ of the NE ¼, Section 24, Township 43 N, Range 8 W, Town of Cable.
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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Motion by Miller / Jardine to approve the Reclamation Plan; no further discussion; motion carried 3 yes / 0
no.
F. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent)
CONDITIONAL USE REQUEST - to continue operating existing non-metallic mine (i.e. gravel pit) (#55-
007-00000-0057). Property described as an 8.27-acre parcel (ID# 04-012-2-43-08-24-1-01-000-50000),
located in the NE ¼ of the NE ¼, Section 24, Township 43 N, Range 8 W, Town of Cable.
Motion by Miller / Jardine to approve, extending trucking to Monday through Saturday 7:00 AM
to 7:00 PM, with no addition to current crushing hours; for a five year duration. No further discussion;
motion carried - 3 yes / 0 no.
G. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING DIRECTOR ON BEHALF
OF THE BAYFIELD COUNTY PLANNING & ZONING COMMITTEE REQUESTING AMENDMENTS TO THE
BAYFIELD COUNTY ZONING ORDINANCE INCLUDING THE FOLLOWING:
1. Repeal and re-creation of Section 13-1-28(a), (b), and (c), pertaining to applications to establish or
expand campgrounds, and new site standards for campgrounds, including area, density, setback,
frontage, shoreland vegetation protection area, and use requirements and limitations.
2. Creation or revision of definitions for “campground,” “camping unit,” “campsite,” and “group
campsite.”
Discussion: Vice Chair Rondeau suggested this Item be postponed, rather than tabled, as tabling
would require it to be heard again next month. Kastrosky stated he heard of more ‘bumps in the road
than opposition’ at this meeting and didn’t actually expect approval today, it is a public hearing. Motion
by Jardine / Miller to postpone this Item until further work / discussion has been held. Motion
carried 3 yes / 0 no.
Agenda Review and Alteration
H. SUSAN ERICKSON SPECIAL USE REQUEST – Home-Based Business (Pre-School two days per week
during school year): 20-acre parcel (#04-020-2-47-05-10-3-02-000-30000) in the NW ¼ of the SW ¼, section
10, Township 47 N, Range 5W, Town of Eileen.
Susan Erickson said she is licensed under ‘child care’ for this pre-school for up to eight children. LUS Travis
Tulowitzky said this home-based business is in the lower level of the home and requires a Class B Special
Use; there is health inspection approvals (County / State) under day care licensing.
Motion by Miller / Jardine to approve. Discussion / File Report: Kastrosky noted Town Board approval with no
conditions. Motion carried 3 yes / 0 no.
I. DIANNE HESS SPECIAL USE REQUEST – Home-Based Business (Gun Sales / Repair): on 5.69-acre
parcels (#04-004-2-45-09-18-4-00-200-13000; 04-004-2-45-09-18-4-00-200-19000; 04-004-2-45-09-18-4-00-
134-20000) in the N ½ of Lot 80 and Lots 16 and 22, Iroquois Addition to Potawatomi, Section 18, Township
45N, Range 9W, Town of Barnes.
Jim Olson & Dianne Hess spoke. They said this property is in a trust with Diane Hess being the trustee.
Kastrosky noted there is no Town input as they meet at 4:00 PM today. Olson stated they will go through
the rigorous approval process required for firearms. AZA Furtak said there have been concerns RE this
request. Olson said there are no plans to shoot on the premises; no plans to have a sign; he does plan to
have 10-12 guns in stock and to become a gun smith.
Motion by Miller / Jardine to approve this home-based business contingent on Town Board approval; no
further discussion; motion carried- 3 yes / 0 no.
J. CITIZENS’ CONCERNS / INPUT: None
Bayfield County Planning & Zoning Committee Public Hearing / Meeting – April 16, 2009
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K. DISCUSSION / POSSIBLE ACTION – COMPREHENSIVE PLANNING:
o Kastrosky reminded the Committee they had notices in their packets regarding two open houses coming
up this month for which he would like to have the County Board & Comp. Planning Committee present. He
said they will have an exhibit at the ‘Big Top Chautauqua Pie & Politics’ event, as well as a display at the
County fair.
L. DISCUSSION / POSSIBLE ACTION – NR115 REWRITE: None
M. DISCUSSION / POSSIBLE ACTION RE SATELLITE OFFICE IN CABLE:
o Kastrosky reported that the office we have used in Cable has been sold; we will move to an existing
building owned by Jon McKinney (for which a rezone may have to be done).
N. OTHER ITEMS THAT MAY COME BEFORE THE COMMITTEE (discussion only):
o Sign Issues: Kastrosky said the State is not enforcing their sign ordinance which makes our job harder;
options are to follow the State and ignore our ordinance, or forget about the State and do our part alone.
He noted if the sign is off-premise and on the State Hwy then the DOT has jurisdiction. Tulowitzky said
there are lots of illegal signs in the County and more going up-- if we let one go by then more show up.
o [Sanitary] Maintenance and Tracking: Kastrosky reported that maintenance / tracking is almost
complete (hopefully by June 1); after that the State cannot deny ‘agent status’ where we can review /
approve applications and be able to keep funds here.
11. MONTHLY REPORT: Motion by Jardine / Miller to approve. Discussion: Kastrosky noted we are down
$11,000 from last year, expenses are down as well; in the past 10 years the Zoning Dept. had excess
revenue; motion carried- 3 yes / 0 no.
At this time it was noted the public hearing / meetings will be back on the summer schedule
beginning May 21st (4:00 PM).
12. ADJOURNMENT: Motion by Jardine / Miller to adjourn at 2:52 PM; carried.
Karl L. Kastrosky, Planning / Zoning Director
Bayfield County Planning / Zoning Dept.
Prepared by MJJ on 04/27/2009
Approved by 04/27/2009
cc: Administrator; Clerk; Corp.Counsel; DNR; Committee; Supervisors; Sheree Bye 62245 Delta Lake Rd, Iron River WI 54847
K/ZC/Minutes/2009/April