HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/15/2012
Page 1 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MARCH 15, 2012
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 1:04 pm.
2. Roll Call: Jardine, Maki, Rantala, and Rondeau – all present. Miller – Absent.
Others present were: Director-Karl Kastrosky, Doug Casina-AZA, Mike Furtak-AZA, Deb
Kmetz – Office Assistant, and Krystal Hagstrom-Secretary.
3. Affidavit of Publication: Kastrosky showed the audience the March 1st and March 8th
affidavit of publication and the certified mailing receipts; he noted that Barksdale did not
pick up their mailing.
4. Review of Meeting Format – Chairman Rondeau explained the procedure of the
meeting. He asked everyone who wished to speak to fill out a form; and stated they will
be asked to come forward and speak into the microphone.
5. Public Hearing:
A. A petition by Karl Kastrosky, Director of Planning and Zoning, on behalf of the
Bayfield County Planning and Zoning Committee, requesting amendment:
1. Proposed Amendment to Include the Definitions of Comprehensive Plan and
Consistent With to the Definitions Listed Under Section 13-1-4(a) Regarding
Definitions.
(9m) Comprehensive Plan. For a county, a development plan that is prepared or
amended under §59.69(2) or (3). For a city or a village, or for a town with a
master plan that is adopted or amended under §62.23(2) or (3). Contents of
a comprehensive plan shall contain all of the following elements: issues and
opportunities element; housing element; transportation element; utilities and
community facilities element; agricultural, natural and cultural resources
element; economic development element; intergovernmental cooperation
element; land use element; and implementation element. Wis. Stat. §
66.1001(1), (2).
(11m) Consistent With. Furthers or does not contradict the objectives, goals and
policies contained in the comprehensive plan. Wis. Stat. §66.1001(1)(am).
2. Proposed Amendment to Section 13-1-21(c) Regarding the Applications for Land
Use Permits
(c) Application for Permit. All applications for a land use permit shall be
submitted to the Planning and Zoning Department, which shall issue a permit
if the application conforms with this Chapter. If a determination cannot be
made by the Zoning Department to either issue or deny a permit, the
Department shall state the facts upon which it bases the conclusions of
unsuitability in writing. The applicant may appeal the Zoning Department's
Page 2 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
and/or Zoning Committee's decision in denying the application as provided
under Section 13-1-102. An incomplete application shall expire four (4)
months after written notice from the Department to the applicant that the
application is incomplete, if it is not completed within such time period.
(A)9/26/2000)
(1) Use of Bayfield County Land Use Plan and Comprehensive Plan. The
Bayfield County Land Use Plan and Comprehensive Plan will be used as a
guide, tool in making informed Zoning decisions by Department personnel.
(2) Decision Making Considerations. Review and base decision on the
following:
a. Zoning Ordinance and all other applicable laws.
b. Consistency with Town Comprehensive Plan (more specific detail)
c. Consideration of Town Board Recommendation if applicable or if
any.
d. Consistency with County Comprehensive and Land Use Plan
(general overview).
(3) If a determination cannot be made by the Planning and Zoning Department
to either issue or deny a permit, the Department shall state the facts upon
which it bases the conclusions of unsuitability in writing. The applicant may
appeal the Planning and Zoning Department's and/or the Planning Zoning
Committee's decision in denying the application as provided under Sections
13-1-102 and 13-1-102A. An incomplete application shall expire four (4)
months after written notice from the Department to the applicant that the
application is incomplete, if it is not completed within such time period.
3. Proposed Amendment of Section 13-1-41(a)-(b) Regarding Conditional Uses and
the Procedure for Decision by the Planning and Zoning Committee Upon
Applications for Conditional Uses.
Sec. 13-1-41 Conditional Uses.
(a) General Provisions. Purpose. Some uses may be necessary or desirable
in a particular zoning district, but certain conditions may need to be imposed
to make them compatible with the basic uses in that district or an adjoining
district. Uses classified as conditional uses are allowed only after
consideration by the Zoning Committee and by meeting conditions that make
the use compatible with other allowable uses within the district.
(1) Purpose. Some uses may be necessary or desirable in a particular zoning
district, but certain conditions may need to be imposed to make them
compatible with the basic uses in that district or an adjoining district. Uses
classified as conditional uses are allowed only after consideration by the
Page 3 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Planning and Zoning Committee and by meeting conditions that make the
use compatible with other allowable uses within the district.
(2) Authority. The Planning and Zoning Committee has been established
pursuant to Section 59.69 (2) of the Wisconsin Statutes and assumes
thereby, all responsibilities, duties and powers as provided therein.
(b) Procedure.
(1) Notice of Application. Upon receipt of an application for a conditional use
permit, the Planning and Zoning Department shall give written notice thereof
to all adjoining landowners and owners of land within 300 feet of the
proposed use (whose names and addresses shall be included in the
application) and the town clerk of the town in which the property is located,
and the town clerk of any other town within 300 feet of the proposed use,
and shall request the town board’s recommendation with respect to the
application on a form provided by the Planning and Zoning Department for
that purpose. Such notice shall be sent by first class mail at least seven (7)
days prior to a regularly scheduled town board meeting to be held prior to
the Planning and Zoning Committee hearing and/or meeting at which the
application is to be considered. Adjoining landowners and owners of land
within 300 feet of the proposed use shall be given a deadline of noon of the
day prior to the next regularly scheduled Planning and Zoning Committee
Meeting to respond thereto. the The Town shall be given a deadline of noon
of the day of the next regularly scheduled Planning and Zoning Committee
Meeting following such town board meeting to respond thereto. For good
cause shown, the Planning and Zoning Committee may grant the town
additional time to respond.
(2) Additional Information. At the request of the Planning and Zoning
Department the applicant may be required to provide such additional
information as the Planning and Zoning Department deems necessary for
adequate review and consideration of the application by the Planning and
Zoning Committee, and may be required to meet with the Planning and
Zoning Department for such purpose prior to consideration of the application
by the Planning and Zoning Committee. Such additional information may
include, without limitation:
a. A plan of the area showing contours, soil types, normal high water
mark, groundwater conditions, bedrock, slope and vegetative cover.
b. Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open spaces, and landscaping.
c. Site plans of buildings, sewage disposal facilities, water supply
systems and arrangements of operations thereof.
Page 4 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
d. The estimated number of persons to be living near or using the site,
the estimated cost for providing public services.
e. Specifications for areas of proposed filling, grading, lagooning or
dredging.
f. Other pertinent information necessary to determine if the proposed
use meets the requirements of this Chapter.
(3) Hearing. After the deadline specified in paragraph 1 above and prior to
acting upon an application, the Planning and Zoning Committee shall hold a
public hearing on an application; notice of which shall be given by Class 2
notice.
(4) Decision of the Planning and Zoning Committee.
a. The Planning and Zoning Committee shall act upon an application at a
public meeting of the Planning and Zoning Committee following the
public hearing thereon. In making its decision the committee shall
evaluate the effect of the proposed use upon:
1. The maintenance of safe and healthful conditions.
2. The prevention and control of water pollution (including
sedimentation), air pollution and noise.
3. Existing topographic, drainage features and vegetative cover on
the site.
4. The location of the site with respect to floodplains and floodways
of rivers or streams.
5. The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
6. The location of the site with respect to existing or future access
roads.
7. The amount of liquid wastes to be generated and the adequacy of
the proposed waste disposal systems and water supply systems.
Page 5 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
8. The demand for public services, such as police and fire
protection, solid waste disposal, schools, road maintenance,
sewer and water facilities, etc., which would be affected by the
proposed use and the adequacy of existing services to meet the
increased demand.
9. The prevention of the overcrowding of a natural resource, such as
a lake, river or stream.
10. The potential impact of the proposed use on other lands and land
uses in the vicinity and the extent to which it would be compatible
or incompatible therewith.
11. The exent to which the proposed use would be compatible or
incompatible with the land use plan, if any, of the Town in which
the proposed use would be located and the Bayfield County Land
Use Plan, if any.
12. The community or general welfare.
b. Use of Bayfield County Land Use Plan and Comprehensive Plan.
The Bayfield County Land Use Plan and Comprehensive Plan will be
used as a guide and tool in making informed zoning decisions, by the
Planning and Zoning Committee. Upon consideration of the factors
listed in subparagraph b, the Planning and Zoning Committee may
grant the application, deny the application, grant the application with
or without conditions that it deems necessary in furthering the purpose
of this Chapter, or grant the application in part, with or without
conditions, and deny it in part.. Any conditions in addition to those
required elsewhere in this Chapter, may include, duration, property
ownership, hours of operation, parking restrictions, limits regarding;
equipment, product lines, livestock, employees, etc. without limitation,
requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and
signs, type of construction, granting or denial of lake access and boat
docks to off-lake developments, The Planning and Zoning Committee
may also require that any permit or license required for the proposed
use from another governmental entity or agency be obtained before
the issuance of a conditional use permit. The Planning and Zoning
Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
c. Decision Making Considerations. The Planning and Zoning
Committee shall act upon an application and review and base its
decision on the following:
Page 6 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
1. Zoning Ordinance and all other applicable laws.
2. Consistency with Town Comprehensive Plan (more specific detail)
3. Consideration of the Town Board Recommendation
4. Consistency with County Comprehensive and Land Use Plan
(general overview)
5. Relevant Public Input
6. Consideration of the Departmental file report and site specifics
7. The maintenance of safe and healthful conditions.
8. The community or general welfare and economic impacts of the
proposal.
9. The prevention of the overcrowding of a natural resource, such as
a lake, river or stream.
10. The prevention and control of water pollution (including
sedimentation), air pollution and noise.
11. Existing topographic, drainage features and vegetative cover on
the site.
12. The location of the site with respect to floodplains and floodways
of rivers or streams.
13. The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
14. The location of the site with respect to existing or future access
roads.
15. The amount of liquid wastes to be generated and the adequacy of
the proposed waste disposal systems and water supply systems.
Page 7 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
16. The demand for public services, such as police and fire
protection, solid waste disposal, schools, road maintenance,
sewer and water facilities, etc., which would be affected by the
proposed use and the adequacy of existing services to meet the
increased demand.
17. The potential impact of the proposed use on other lands and land
uses in the vicinity and the extent to which it would be compatible
or incompatible therewith.
d. Upon consideration of the factors listed in subparagraph b, the
Planning and Zoning Committee may grant the application, deny the
application, grant the application with or without conditions that it
deems necessary in furthering the purpose of this Chapter, or grant
the application in part, with or without conditions, and deny it in part..
Any conditions in addition to those required elsewhere in this Chapter,
may include, duration, property ownership, hours of operation, parking
restrictions, limits regarding; equipment, product lines, livestock,
employees, etc. without limitation, requirements for type of
shorecover, increased setbacks and yards, specified sewage disposal
and water supply facilities, parking and signs, type of construction,
granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require
that any permit or license required for the proposed use from another
governmental entity or agency be obtained before the issuance of a
conditional use permit. The Planning and Zoning Department shall
notify the applicant in writing of the Planning and Zoning Committee’s
decision within fifteen (15) days thereafter.
e. The Planning and Zoning Committee shall state its reasons and
rationale for its decision in writing.
4. Proposed Creation of Section 13-1-101A The Planning and Zoning Committee
Conflicts of Interests.
Sec. 13-1-101A. Planning and Zoning Committee
(a) Authority. The Planning and Zoning Committee has been established
pursuant to Section 59.69 (2) of the Wisconsin Statutes and assumes
thereby, all responsibilities, duties and powers as provided therein.
(b) Conflicts of Interest. Members of the Planning and Zoning Committee
shall avoid conflicts of interest. As used here, a conflict of interest shall
include, but not necessarily be limited to, the following:
Page 8 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
(1) Reviewing, deliberating upon, or voting on an application concerning oneself or
work on land owned by oneself.
(2) Reviewing, deliberating upon, or voting on an application concerning a
property located adjacent to or within 1000 feet of one’s property.
(3) Reviewing, deliberating upon, or voting on an application involving a
corporation, company, partnership, or any other entity in which the person
is a part owner, or has any other relationship where the person may stand
to have a financial gain or loss.
(4) Reviewing, deliberating upon, or voting on an application, if such action
results in a pecuniary benefit to oneself.
(5) Reviewing, deliberating upon, or voting on an application concerning one’s
spouse, child, stepchild, grandchild, brother, sister, parent, grandparent, or
member of one’s household.
(6) Reviewing, deliberating upon, or voting on an application where an employee or
employer of the member is:
a. an applicant or agent for an applicant, or
b. has a direct interest in the outcome.
(7) When a conflict of interest exists, the member shall do all of the following upon
determining that a conflict exists:
a. declare that a conflict exists at the next meeting of the Planning and
Zoning Committee,
b. cease to participate at the Planning and Zoning Committee meetings
pertaining to the matter, until the matter giving rise to the conflict has been
decided; and refrain from representing oneself before the Planning and
Zoning Committee or its staff.
5. Proposed Amendment to Section 13-1-105 Regarding the Procedure for Review of
Petitions to Change District Boundaries
Sec. 13-1-105 Petition to Change District Boundaries. Rezoning.
The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the
county zoning map to include the parcel in a different zoning district than that in which
it is currently located, constitutes an amendment of this ordinance, and accordingly,
the procedure for amending county zoning ordinances set forth in Section 59.69(5)(e)
of the Wisconsin Statutes must be followed in making and considering any rezoning
request. The provisions of Section 104 of this Chapter also apply to such requests.
Page 9 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
(a) Use of Bayfield County Land Use Plan and Comprehensive Plan.
The Bayfield County Land Use Plan and Comprehensive Plan will be
used as a guide and tool in making informed zoning decisions by the
Planning and Zoning Committee.
(b) Decision Making Considerations. The review and recommendation of
the Planning and Zoning Committee and the decision of the County Board
shall be based on the following:
(1) Zoning Ordinance
(2) Consistency with Town Comprehensive Plan.
(3) Review future land use map for future land use designation and
narrative
(4) Review goals and objectives of the comprehensive plan
(5) Consideration of the Town Board Recommendation or resolution
of disapproval
(6) Consistency with County Comprehensive and Land Use Plan
a. Proposed zoning is consistent with surrounding zoning districts and does
not result in spot zoning.
b. Proposed use is consistent with surrounding land uses
c. Rezoning is consistent with the county certified farmland preservation and
managed forest plan(s).
(7) Relevant Public Input
(8) The community or general welfare and economic impacts of the proposal.
(9) Consideration of the Departmental file report and site specific findings
(c) The Planning and Zoning Committee shall state its reasons and rationale
for its recommendation of approval or denial of the petition in writing as
required by Wis. Stat. § 59.69(5)(e)(4).
Rondeau asked if anyone would like to speak in favor of this petition.
Jack Beagan, Chair of the Town of Bayfield Planning Commission, addressed item 13-1-
41(b) stating he is in support of the recommendations that Bill Bussey made. In the area
of notice of application, the 300 foot proposed notification of application, if the property is
in 300 feet of the Town the Town Clerk should be given notice of application. If the Town
has a planning commission, instead of a 7 day notice a 14 day notice should be applied.
Bussey also stated that the Committee could give additional time if need be and
Beagen is in support of Bussey’s recommendations. Kastrosky asked if Beagen was
in support of these changes and the reply was, not opposed.
Page 10 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Roger Dreher spoke stating that his role is to help make the process more transparent
and the administrative process easier to work with. One change should be to ensure the
Towns and the applicants have enough time and the adequate information is provided by
the applicant. In section 13-1-21(c) it says nothing about reviewing or complying with
town ordinances. The Town has the right to have ordinances that effect land use. Dreher
suggests that adding into the list, something referring to Town ordinances. In 13-1-41(b)
he seconds what the prior speaker said but the time frame should be 21 days, instead of
14. There is a 3 layer process to these conditional use permits. First it is filed with the
zoning department, then 2 review bodies need to be notified. Those meetings are more
than a week apart and it is hard to get those bodies together. Also suggests that the 300
feet will essentially mean the 2 parcels on either side of the parcel that is being affected.
The controversial applications are going to affect far more people than just the parcels
that are adjacent. There has to be some flexibility left to notify a much broader group of
citizens on some projects. Finally in paragraph two, “additional information”, the
information listed seems quite critical. This body should have all information attached to
the application to make an intelligent decision. Making this information optional at the
discretion of the department is a bad deal. This kind of information, if applicable, should
be mandatory. It should be present for the Towns’ and citizens to see, not presented at
the public hearing. There have been issues in the past where contractors have come
forward and additional information was needed, like an environmental impact statement
and this did not come with the application. This application was still considered without
this information. It should have not been considered. Dreher welcomes the “conflict of
interest” provisions. There is nothing in the ordinance that will prevent the Towns’ from
perusing overlay districts to make certain very important provisions mandatory.
File Report: Kastrosky stated nothing in the file but the original petition that was
amended after last month’s meeting corrected with Bill’s comments.
Discussion ended.
B. Bayfield County Forestry, owner and Carolyn Lurvey, agent (Bayfield) –
temporarily place and operate a portable hot mix asphalt plant on a [40–acre parcel
(ID# 04-006-2-51-05-13-4-03-000-10000), described as the SW ¼ of the SE ¼, Section
13, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI]
Rondeau asked if anyone would like to speak in favor of this petition.
Kastrosky explained that the public hearing is right but the agenda is misleading. There
is already a mine/pit on this parcel; this request is to just add a temporary hot mix plant
there.
Carolyn Lurvey, environmental engineer with Pitlik and Wick, explained this application
is for a conditional use permit for a temporary hot mix plant located at the existing pit.
This is for the 6 mile reconstruction project of Highway 13 project. As far as construction
goes there can’t be a better location for a hot mix plant, it is located right in the middle of
this construction, in terms of efficiency, the environment, safety, inconvenience to public
travel, and no other roads that need to be traveled to haul material. Hot mix plants are
highly regulated by the DNR and EPA. Lurvey met with the Town of Bayfield plan
commission and they did recommend approval to the Town Board who will meet next
week. If the Committee does approve this CUP today she asked that they approve with
any conditions that the Town may place to avoid coming back to this Committee next
month.
Page 11 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Mark Wendling spoke in support stating he is located only one mile away from the pit
site and can hear the crushing but still thinks this is the best possible location for this
plant. This also offers the County the opportunity for some revenue and asks that the
Committee approve this application.
Kathy Wendling also supports this proposal and stated what the prior speaker already
said.
File Report: Kastrosky stated the Town Board has not yet met but the Town plan
commission recommended approval. There are two letters in the file, one in opposition
and one in support. (These letters were read to the Committee by Kastrosky one from
Barb Bartkowiak (Marshfield) regarding major intrusion to the environment and concern
about noise and air quality and safe guards. Another from Tessa Levens expressing
support, stating this would create a win win situation for earned income for the County).
Discussion ended.
C. Town of Clover (Clover) – rezone F-1 to M; F-1 to M; Ag-1 to M; F-1 to M; & Ag-1 to
M described as [40-acre parcel (ID #04-014-2-50-07-10-4-04-000-10000), located in SE
¼, of the SE ¼, Section 10, Township 50 North, Range 07 West, Town of Clover,
Bayfield County, WI] and a [40-acre parcel (ID #04-014-2-50-07-10-4-01-000-10000),
located in NE ¼, of the SE 1/4, Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI] and a [5-acre parcel (ID #04-014-2-50-07-10-4-04-000-
30000), located in SE ¼, Ne ¼, Section 10, Township 50 North, Range 07 West, Town
of Clover, Bayfield County, WI] and a [40-acre parcel (ID #04-014-2-50-07-11-3-03-000-
10000), located in SW ¼, of the SW ¼, Section 11, Township 50 North, Range 07 West,
Town of Clover, Bayfield County, WI] and a [1-acre parcel (ID #04-014-2-50-07-10-1 04-
000-40000), located in SE ¼, of the NE ¼ , Section 10, Township 50 North, Range 07
West, Town of Clover, Bayfield County, WI]
Rondeau asked if anyone would like to speak in favor of this petition.
Jane Bucy, Chairman of the Town of Clover, explained she is going to address all 5
parcels at this time. In October 2011 the plan commission discussed the benefits of
rezoning parcels to municipal as suggested by one of the Town Board members, Doug
Casina. This zoning district is appropriate for the land intended for public buildings,
parks, and other similar facilities. It was then recommended by the Town plan
commission that all of these properties be applied for (these properties being agenda
items C, D, E, F, and G). At the March 2012 plan commission meeting they voted
unanimously to approve the rezone of the designated properties with the explanation to
the audience at the meeting. Adjacent property owners would be noticed if there were a
change of use to the land where conditional or special use permits are required.
Structures like salt sheds, pavilions, and additions to existing structures such as the town
hall or garage would be administrative permits issued by the zoning department. These
permits could still be appealed if need be. At the March 14th Town Board meeting it was
unanimously passed, that includes all cemetery, summer transfer station, adjacent public
land, playground, slough, ambulance hall, fire hall, gym, garage, town garage, and
landing field. The rezone is consistent the Towns comprehensive plan.
File Report: Kastrosky stated the municipal zoning district came out of the
comprehensive planning process and the biggest reason was to identify municipal
property. There are town halls located in Ag and Forestry zones. In these zoning districts
the applicant needed special or conditional use permits to build salt sheds or facility
buildings on municipal property but the Committee thought this was cumbersome or
Page 12 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
unnecessary. Now in municipal districts the applicant does not need those special
permits. The Towns have taken the initiative to rezone the property. This explanation
goes for the other four items on this agenda.
Discussion ended.
D. Town of Clover (Clover) – rezone (shoreland/wetland) R-RB to M on a [0.94-acre
parcel (ID #04-014-2-50-07-05-4-00-122-19000, #04-014-2-50-07-05-4-00-122-20000,
#04-014-2-50-07-05-4-00-122-21000, #04-014-2-50-07-05-4-00-122-22000), located in
Lots 2-5 Block 3 of Robert Bartlett Jr. Add to Orchard City, Section 05, Township 50
North, Range 07 West, Town of Clover, Bayfield County, WI] (* Note: parcels within one thousand
(1,000) feet landward of the ordinary high water mark of navigable lakes, ponds or flowages or within three hundred (300)
feet landward of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain,
whichever distance is greater is deemed a shoreland and/or wetland zone). (Metes and Bounds description available at
the Planning and Zoning Dept.)
Jane Bucy (Refer to item C)
File Report: Kastrosky stated Town Board recommended approval. Jardine asked
Casina if there are wetlands on this parcel, the reply was this parcel may be the
playground or campground which would be considered shoreland or wetland and is
caused by the road that was constructed.
Discussion ended.
E. Town of Clover (Clover) - rezone R-RB to M on a [6.07-acre parcel (ID #04-014-2-50-
07-08-1-00-322-07000, #04-014-2-50-07-08-1-00-322-03000, and #04-004-2-50-07-08-
1-00-125-15000), located in the Robert Bartlett Jr 2nd Addition to Orchard City and
includes Lots 3 & 6 East of the Town Rd; and Lot 15 and the West half of Lot 16 of the
subdivision of Lot 2, Section 08, Township 50 North, Range 07 West, Town of Clover,
Bayfield County, WI]
Jane Bucy (Refer to item C)
File Report: Kastrosky stated Town Board recommends approval and consistent with
comprehensive plan.
Discussion ended.
F. Town of Clover (Clover) - rezone C to M on a [0.32-acre parcel (ID #04-014-2-50-07-
08-1-00-238-53000, and 04-014-2-50-07-08-1-00-238-52000), described as Lots 7 & 8,
Block 9, Plat of Orchard City, Section 08, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI]
Jane Bucy (Refer to item C)
File Report: Kastrosky stated Town Board recommends approval and consistent with
comprehensive plan.
Discussion ended.
G. Town of Clover (Clover) - rezone (shoreland/wetland) R-RB to M on a [50.45-acre
parcel (ID #04-014-2-50-07-04-3 05-004-10000), located in Govt Lot 4, Section 04,
Township 50 North, Range 07 West, Town of Clover, Bayfield County, WI] (* Note: parcels
within one thousand (1,000) feet landward of the ordinary high water mark of navigable lakes, ponds or flowages or within
three hundred (300) feet landward of the ordinary high water mark of navigable rivers or streams or to the landward side of
Page 13 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
the floodplain, whichever distance is greater is deemed a shoreland and/or wetland zone). (Metes and Bounds description
available at the Planning and Zoning Dept.)
Jane Bucy (Refer to item C)
File Report: Kastrosky stated Town Board recommends approval and consistent with
comprehensive plan. Some mailings to land owners were undeliverable.
Discussion ended.
6. Adjournment of Public Hearing:
Jardine made a motion to adjourn, Maki seconded. Motion carried. Adjourned
at 1:35 pm.
7. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 1:35 pm.
8. Roll Call: Jardine, Maki, Rantala, and Rondeau –all present. Miller – Absent.
Others present were: Director Karl Kastrosky, Doug Casina, AZA, Mike Furtak, AZA, Deb
Kmetz – Office Manager, and Krystal Hagstrom-Secretary.
9. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the February
meeting.
Maki motioned to approve, Rantala seconded. Kastrosky noted that the
important part in the minutes is the Lincoln overlay and make sure that part was
reviewed by the members. No further discussion. Motion carried.
10. Business:
A. A petition by Karl Kastrosky, Director of Planning and Zoning, on behalf of the
Bayfield County Planning and Zoning Committee, requesting amendment Title 13 (13-1-
4(a); 13-1-21(c); 13-1-41(a)-(b); 13-1-101A; and 13-1-105:
1. Proposed Amendment to Include the Definitions of Comprehensive Plan and
Consistent With to the Definitions Listed Under Section 13-1-4(a) Regarding
Definitions.
(9m) Comprehensive Plan. For a county, a development plan that is prepared or
amended under §59.69(2) or (3). For a city or a village, or for a town with a
master plan that is adopted or amended under §62.23(2) or (3). Contents of
a comprehensive plan shall contain all of the following elements: issues and
opportunities element; housing element; transportation element; utilities and
community facilities element; agricultural, natural and cultural resources
element; economic development element; intergovernmental cooperation
element; land use element; and implementation element. Wis. Stat. §
66.1001(1), (2).
(11m) Consistent With. Furthers or does not contradict the objectives, goals and
policies contained in the comprehensive plan. Wis. Stat. §66.1001(1)(am).
Page 14 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
2. Proposed Amendment to Section 13-1-21(c) Regarding the Applications for Land
Use Permits
(c) Application for Permit. All applications for a land use permit shall be
submitted to the Planning and Zoning Department, which shall issue a permit
if the application conforms with this Chapter. If a determination cannot be
made by the Zoning Department to either issue or deny a permit, the
Department shall state the facts upon which it bases the conclusions of
unsuitability in writing. The applicant may appeal the Zoning Department's
and/or Zoning Committee's decision in denying the application as provided
under Section 13-1-102. An incomplete application shall expire four (4)
months after written notice from the Department to the applicant that the
application is incomplete, if it is not completed within such time period.
(A)9/26/2000)
(1) Use of Bayfield County Land Use Plan and Comprehensive Plan. The
Bayfield County Land Use Plan and Comprehensive Plan will be used as a
guide, tool in making informed Zoning decisions by Department personnel.
(2) Decision Making Considerations. Review and base decision on the
following:
f. Zoning Ordinance and all other applicable laws.
g. Consistency with Town Comprehensive Plan (more specific detail)
h. Consideration of Town Board Recommendation if applicable or if
any.
i. Consistency with County Comprehensive and Land Use Plan
(general overview).
(2) If a determination cannot be made by the Planning and Zoning Department to
either issue or deny a permit, the Department shall state the facts upon which
it bases the conclusions of unsuitability in writing. The applicant may appeal
the Planning and Zoning Department's and/or the Planning Zoning
Committee's decision in denying the application as provided under Sections
13-1-102 and 13-1-102A. An incomplete application shall expire four (4)
months after written notice from the Department to the applicant that the
application is incomplete, if it is not completed within such time period.
3. Proposed Amendment of Section 13-1-41(a)-(b) Regarding Conditional Uses
and the Procedure for Decision by the Planning and Zoning Committee Upon
Applications for Conditional Uses.
Sec. 13-1-41 Conditional Uses.
(a) General Provisions. Purpose. Some uses may be necessary or desirable in
Page 15 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
a particular zoning district, but certain conditions may need to be imposed to
make them compatible with the basic uses in that district or an adjoining
district. Uses classified as conditional uses are allowed only after
consideration by the Zoning Committee and by meeting conditions that make
the use compatible with other allowable uses within the district.
(1) Purpose. Some uses may be necessary or desirable in a particular zoning
district, but certain conditions may need to be imposed to make them
compatible with the basic uses in that district or an adjoining district. Uses
classified as conditional uses are allowed only after consideration by the
Planning and Zoning Committee and by meeting conditions that make the
use compatible with other allowable uses within the district.
(2) Authority. The Planning and Zoning Committee has been established
pursuant to Section 59.69 (2) of the Wisconsin Statutes and assumes
thereby, all responsibilities, duties and powers as provided therein.
(b) Procedure.
(1) Notice of Application. Upon receipt of an application for a conditional use
permit, the Planning and Zoning Department shall give written notice thereof
to all adjoining landowners and owners of land within 300 feet of the
proposed use (whose names and addresses shall be included in the
application) and the town clerk of the town in which the property is located,
and the town clerk of any other town within 300 feet of the proposed use,
and shall request the town board’s recommendation with respect to the
application on a form provided by the Planning and Zoning Department for
that purpose. Such notice shall be sent by first class mail at least seven (7)
days prior to a regularly scheduled town board meeting to be held prior to
the Planning and Zoning Committee hearing and/or meeting at which the
application is to be considered. Adjoining landowners and owners of land
within 300 feet of the proposed use shall be given a deadline of noon of the
day prior to the next regularly scheduled Planning and Zoning Committee
Meeting to respond thereto. the The Town shall be given a deadline of noon
of the day of the next regularly scheduled Planning and Zoning Committee
Meeting following such town board meeting to respond thereto. For good
cause shown, the Planning and Zoning Committee may grant the town
additional time to respond.
(2) Additional Information. At the request of the Planning and Zoning
Department the applicant may be required to provide such additional
information as the Planning and Zoning Department deems necessary for
adequate review and consideration of the application by the Planning and
Zoning Committee, and may be required to meet with the Planning and
Zoning Department for such purpose prior to consideration of the application
by the Planning and Zoning Committee. Such additional information may
Page 16 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
include, without limitation:
a. A plan of the area showing contours, soil types, normal high water
mark, groundwater conditions, bedrock, slope and vegetative cover.
b. Location of buildings, parking areas, traffic access, driveways,
walkways, piers, open spaces, and landscaping.
c. Site plans of buildings, sewage disposal facilities, water supply
systems and arrangements of operations thereof.
d. The estimated number of persons to be living near or using the site,
the estimated cost for providing public services.
e. Specifications for areas of proposed filling, grading, lagooning or
dredging.
f. Other pertinent information necessary to determine if the proposed
use meets the requirements of this Chapter.
(3) Hearing. After the deadline specified in paragraph 1 above and prior to
acting upon an application, the Planning and Zoning Committee shall hold a
public hearing on an application; notice of which shall be given by Class 2
notice.
(4) Decision of the Planning and Zoning Committee.
a. The Planning and Zoning Committee shall act upon an application at a
public meeting of the Planning and Zoning Committee following the
public hearing thereon. In making its decision the committee shall
evaluate the effect of the proposed use upon:
13. The maintenance of safe and healthful conditions.
14. The prevention and control of water pollution (including
sedimentation), air pollution and noise.
15. Existing topographic, drainage features and vegetative cover on
the site.
16. The location of the site with respect to floodplains and floodways
of rivers or streams.
Page 17 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
17. The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
18. The location of the site with respect to existing or future access
roads.
19. The amount of liquid wastes to be generated and the adequacy of
the proposed waste disposal systems and water supply systems.
20. The demand for public services, such as police and fire
protection, solid waste disposal, schools, road maintenance,
sewer and water facilities, etc., which would be affected by the
proposed use and the adequacy of existing services to meet the
increased demand.
21. The prevention of the overcrowding of a natural resource, such as
a lake, river or stream.
22. The potential impact of the proposed use on other lands and land
uses in the vicinity and the extent to which it would be compatible
or incompatible therewith.
23. The exent to which the proposed use would be compatible or
incompatible with the land use plan, if any, of the Town in which
the proposed use would be located and the Bayfield County Land
Use Plan, if any.
24. The community or general welfare.
b. Use of Bayfield County Land Use Plan and Comprehensive Plan.
The Bayfield County Land Use Plan and Comprehensive Plan will be
used as a guide and tool in making informed zoning decisions, by the
Planning and Zoning Committee. Upon consideration of the factors
listed in subparagraph b, the Planning and Zoning Committee may
grant the application, deny the application, grant the application with
or without conditions that it deems necessary in furthering the purpose
of this Chapter, or grant the application in part, with or without
conditions, and deny it in part.. Any conditions in addition to those
required elsewhere in this Chapter, may include, duration, property
ownership, hours of operation, parking restrictions, limits regarding;
equipment, product lines, livestock, employees, etc. without limitation,
requirements for type of shorecover, increased setbacks and yards,
specified sewage disposal and water supply facilities, parking and
signs, type of construction, granting or denial of lake access and boat
Page 18 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
docks to off-lake developments, The Planning and Zoning Committee
may also require that any permit or license required for the proposed
use from another governmental entity or agency be obtained before
the issuance of a conditional use permit. The Planning and Zoning
Department shall notify the applicant in writing of the Planning and
Zoning Committee’s decision within fifteen (15) days thereafter.
c. Decision Making Considerations. The Planning and Zoning
Committee shall act upon an application and review and base its
decision on the following:
1. Zoning Ordinance and all other applicable laws.
2. Consistency with Town Comprehensive Plan (more specific detail)
3. Consideration of the Town Board Recommendation
4. Consistency with County Comprehensive and Land Use Plan
(general overview)
5. Relevant Public Input
6. Consideration of the Departmental file report and site specifics
7. The maintenance of safe and healthful conditions.
8. The community or general welfare and economic impacts of the
proposal.
9. The prevention of the overcrowding of a natural resource, such as
a lake, river or stream.
10. The prevention and control of water pollution (including
sedimentation), air pollution and noise.
11. Existing topographic, drainage features and vegetative cover on
the site.
12. The location of the site with respect to floodplains and floodways
of rivers or streams.
Page 19 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
13. The erosion potential of the site based upon degree and direction
of slope, soil type, and vegetative cover.
14. The location of the site with respect to existing or future access
roads.
15. The amount of liquid wastes to be generated and the adequacy of
the proposed waste disposal systems and water supply systems.
16. The demand for public services, such as police and fire
protection, solid waste disposal, schools, road maintenance,
sewer and water facilities, etc., which would be affected by the
proposed use and the adequacy of existing services to meet the
increased demand.
17. The potential impact of the proposed use on other lands and land
uses in the vicinity and the extent to which it would be compatible
or incompatible therewith.
d. Upon consideration of the factors listed in subparagraph b, the
Planning and Zoning Committee may grant the application, deny the
application, grant the application with or without conditions that it
deems necessary in furthering the purpose of this Chapter, or grant
the application in part, with or without conditions, and deny it in part..
Any conditions in addition to those required elsewhere in this Chapter,
may include, duration, property ownership, hours of operation, parking
restrictions, limits regarding; equipment, product lines, livestock,
employees, etc. without limitation, requirements for type of
shorecover, increased setbacks and yards, specified sewage disposal
and water supply facilities, parking and signs, type of construction,
granting or denial of lake access and boat docks to off-lake
developments, The Planning and Zoning Committee may also require
that any permit or license required for the proposed use from another
governmental entity or agency be obtained before the issuance of a
conditional use permit. The Planning and Zoning Department shall
notify the applicant in writing of the Planning and Zoning Committee’s
decision within fifteen (15) days thereafter.
e. The Planning and Zoning Committee shall state its reasons and
rationale for its decision in writing.
4. Proposed Creation of Section 13-1-101A The Planning and Zoning Committee
Conflicts of Interests.
Page 20 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Sec. 13-1-101A. Planning and Zoning Committee
(a) Authority. The Planning and Zoning Committee has been established
pursuant to Section 59.69 (2) of the Wisconsin Statutes and assumes
thereby, all responsibilities, duties and powers as provided therein.
(b) Conflicts of Interest. Members of the Planning and Zoning Committee
shall avoid conflicts of interest. As used here, a conflict of interest shall
include, but not necessarily be limited to, the following:
(1) Reviewing, deliberating upon, or voting on an application concerning oneself or
work on land owned by oneself.
(2) Reviewing, deliberating upon, or voting on an application concerning a property
located adjacent to or within 1000 feet of one’s property.
(3) Reviewing, deliberating upon, or voting on an application involving a corporation,
company, partnership, or any other entity in which the person is a part owner, or
has any other relationship where the person may stand to have a financial gain or
loss.
(4) Reviewing, deliberating upon, or voting on an application, if such action results in
a pecuniary benefit to oneself.
(5) Reviewing, deliberating upon, or voting on an application concerning one’s
spouse, child, stepchild, grandchild, brother, sister, parent, grandparent, or
member of one’s household.
(6) Reviewing, deliberating upon, or voting on an application where an employee or
employer of the member is:
a. an applicant or agent for an applicant, or
b. has a direct interest in the outcome.
(7) When a conflict of interest exists, the member shall do all of the following upon
determining that a conflict exists:
a. declare that a conflict exists at the next meeting of the Planning and Zoning
Committee,
b. cease to participate at the Planning and Zoning Committee meetings pertaining to the
matter, until the matter giving rise to the conflict has been decided; and refrain
from representing oneself before the Planning and Zoning Committee or its staff.
5. Proposed Amendment to Section 13-1-105 Regarding the Procedure for Review of
Petitions to Change District Boundaries
Page 21 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Sec. 13-1-105 Petition to Change District Boundaries. Rezoning.
The rezoning of a parcel of land, i.e. changing the zoning district boundaries on the
county zoning map to include the parcel in a different zoning district than that in which
it is currently located, constitutes an amendment of this ordinance, and accordingly,
the procedure for amending county zoning ordinances set forth in Section 59.69(5)(e)
of the Wisconsin Statutes must be followed in making and considering any rezoning
request. The provisions of Section 104 of this Chapter also apply to such requests.
(a) Use of Bayfield County Land Use Plan and Comprehensive Plan.
The Bayfield County Land Use Plan and Comprehensive Plan will be
used as a guide and tool in making informed zoning decisions by the
Planning and Zoning Committee.
(b) Decision Making Considerations. The review and recommendation of
the Planning and Zoning Committee and the decision of the County Board
shall be based on the following:
a. Zoning Ordinance
b. Consistency with Town Comprehensive Plan.
c. Review future land use map for future land use designation and
narrative
d. Review goals and objectives of the comprehensive plan
e. Consideration of the Town Board Recommendation or resolution
of disapproval
f. Consistency with County Comprehensive and Land Use Plan
i. Proposed zoning is consistent with surrounding zoning districts and does
not result in spot zoning.
ii. Proposed use is consistent with surrounding land uses
iii. Rezoning is consistent with the county certified farmland preservation and
managed forest plan(s).
g. Relevant Public Input
h. The community or general welfare and economic impacts of the proposal.
i. Consideration of the Departmental file report and site specific findings
(c) The Planning and Zoning Committee shall state its reasons and rationale
for its recommendation of approval or denial of the petition in writing as
required by Wis. Stat. § 59.69(5)(e)(4).
Jardine asked Kastrosky about the time frame for notice. Kastrosky stated that will be
mentioned last and there are a few other things to talk about first. Listening to the
Page 22 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
comments today and reading Bill Bussey’s comments the department is in favor of all
but one. The Township being noticed within 300 feet, yes this is a good idea and the
Township should get noticed anyway. If the Town wants more time the department is ok
with that. The Committee has sent applications back or even tabled them, this isn’t a
problem. The big problem is the notice. Both Bussey and Kastrosky agree on the
problem, it is the solution that cannot be agreed upon. There are other solutions then
making the deadline longer. One being the Towns’ can change their meeting dates. The
town plan commission can meet the day of or the day before the Town Board. If the
schedule gets adjusted one way or the other, some township is still going to get shorted.
The dates change and the calendar changes. In the future then the notices will have to
be given in advance to the meeting that is today which will be confusing. The public
hearing notice for today’s meeting has been out 20 days the mailings are mailed no later
than 17 days prior to this meeting. There is disconnect between the Town and the plan
commission in making sure the information gets distributed on a timely matter. The 7
days was left in this proposal and that is going on to County Board, unless the
Committee says otherwise. The state says that there has to be a 10 day notice, prior to
this meeting, the department is way in advance of that. The plan commission just has to
check the website 17 days prior to the meeting and they will have public hearing agenda.
Jardine stated that when the committee does not receive Town Board approval it is in
the motion contingent upon TBA. Rondeau agrees with Kastrosky. The agenda is out in
advance. The planning commission needs to meet right away and take care of these
issues. The contingent upon TBA is fine on minor issues but other items can be sent
back to the Town Board. Maybe the plan commission needs to move up the meeting
dates. Kastrosky also stated that the Town Board and the Plan Commission are
responsible to apprise the Department of the Towns’ ordinances, which is their job. The
Department and Committee need to work more closely with the Towns’ to have them
state those items or conditions on the application. Jardine agrees with the statement
that the Town should adjust their meeting dates. Rondeau agrees, the Committee
already changed meetings from Tuesday to Thursday to accommodate everyone. Now
the Towns may have to do the same. Kastrosky stated that if this meeting is changed
then the Board of Adjustments is next week and that causes a whole other issue.
Maki motioned to approve as presented. Rantala seconded. No further
discussion. Motion carried.
B. Bayfield County Forestry, owner and Carolyn Lurvey, agent (Bayfield) –
temporarily place and operate a portable hot mix asphalt plant on a [40–acre parcel
(ID# 04-006-2-51-05-13-4-03-000-10000), described as the SW ¼ of the SE ¼, Section
13, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI]
Maki motioned to approve contingent upon Town Board approval and conditions
that they may place. Rantala seconded. Kastrosky asked about duration of the
amount of years on the plant. Does not want it to expire in a month and if other projects
can use this site then they would have to come back. Maki stated 5 year duration
Rantala seconded. No further discussion. Motion carried.(*Note: TBA received March 22, 2012
and no conditions were placed)
C. Town of Clover (Clover) – rezone F-1 to M; F-1 to M; Ag-1 to M; F-1 to M; & Ag-1 to
M described as [40-acre parcel (ID #04-014-2-50-07-10-4-04-000-10000), located in SE
¼, of the SE ¼, Section 10, Township 50 North, Range 07 West, Town of Clover,
Bayfield County, WI] and a [40-acre parcel (ID #04-014-2-50-07-10-4-01-000-10000),
located in NE ¼, of the SE 1/4, Section 10, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI] and a [5-acre parcel (ID #04-014-2-50-07-10-4-04-000-
30000), located in SE ¼, Ne ¼, Section 10, Township 50 North, Range 07 West, Town
Page 23 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
of Clover, Bayfield County, WI] and a [40-acre parcel (ID #04-014-2-50-07-11-3-03-000-
10000), located in SW ¼, of the SW ¼, Section 11, Township 50 North, Range 07 West,
Town of Clover, Bayfield County, WI] and a [1-acre parcel (ID #04-014-2-50-07-10-1 04-
000-40000), located in SE ¼, of the NE ¼ , Section 10, Township 50 North, Range 07
West, Town of Clover, Bayfield County, WI]
Jardine motioned to approve. Rantala seconded. No further discussion.
Motion carried.
D. Town of Clover (Clover) – rezone (shoreland/wetland) R-RB to M on a [0.94-acre
parcel (ID #04-014-2-50-07-05-4-00-122-19000, #04-014-2-50-07-05-4-00-122-20000,
#04-014-2-50-07-05-4-00-122-21000, #04-014-2-50-07-05-4-00-122-22000), located in
Lots 2-5 Block 3 of Robert Bartlett Jr. Add to Orchard City, Section 05, Township 50
North, Range 07 West, Town of Clover, Bayfield County, WI] (* Note: parcels within one thousand
(1,000) feet landward of the ordinary high water mark of navigable lakes, ponds or flowages or within three hundred (300)
feet landward of the ordinary high water mark of navigable rivers or streams or to the landward side of the floodplain,
whichever distance is greater is deemed a shoreland and/or wetland zone). (Metes and Bounds description available at
the Planning and Zoning Dept.)
Rantala motioned to approve. Jardine seconded. No further discussion.
Motion carried.
E. Town of Clover (Clover) - rezone R-RB to M on a [6.07-acre parcel (ID #04-014-2-50-
07-08-1-00-322-07000, #04-014-2-50-07-08-1-00-322-03000, and #04-004-2-50-07-08-
1-00-125-15000), located in the Robert Bartlett Jr 2nd Addition to Orchard City and
includes Lots 3 & 6 East of the Town Rd; and Lot 15 and the West half of Lot 16 of the
subdivision of Lot 2, Section 08, Township 50 North, Range 07 West, Town of Clover,
Bayfield County, WI]
Jardine motioned to approve. Rantala seconded. No further discussion.
Motion carried.
F. Town of Clover (Clover) - rezone C to M on a [0.32-acre parcel (ID #04-014-2-50-07-
08-1-00-238-53000, and 04-014-2-50-07-08-1-00-238-52000), described as Lots 7 & 8,
Block 9, Plat of Orchard City, Section 08, Township 50 North, Range 07 West, Town of
Clover, Bayfield County, WI]
Rantala motioned to approve. Maki seconded. No further discussion. Motion
carried.
G. Town of Clover (Clover) - rezone (shoreland/wetland) R-RB to M on a [50.45-acre
parcel (ID #04-014-2-50-07-04-3 05-004-10000), located in Govt Lot 4, Section 04,
Township 50 North, Range 07 West, Town of Clover, Bayfield County, WI] (* Note: parcels
within one thousand (1,000) feet landward of the ordinary high water mark of navigable lakes, ponds or flowages or within
three hundred (300) feet landward of the ordinary high water mark of navigable rivers or streams or to the landward side of
the floodplain, whichever distance is greater is deemed a shoreland and/or wetland zone). (Metes and Bounds description
available at the Planning and Zoning Dept.)
Maki motioned to approve. Rantala seconded. No further discussion. Motion
carried.
11. Other Business
H. Discussion and Possible Action regarding on 90 day notice of non-compliance
(Bayfield County / Pam Barningham) and constructing without a permit (Bayfield
County)
Page 24 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Kastrosky said the department came across an application that the County had a wind
tower on a test site; a letter was written stating a $30 check was needed to record this on
an affidavit so it is on the deed when the permit is issued, so the existing owner and any
future owners know. Nothing was received and the affidavit was never recorded nor the
permit issued but the wind tower is up and running. Maki stated the tower has been
moved. Kastrosky indicated the tower was put up without a permit now moved without a
permit. The County should lead by example. Deb Kmetz stated that the tower being
moved, the Committee dealt with a relocation a year after the test site was dealt with and
was approved to move to the new location. There was a conditional for the move but not
sure if there was an affidavit or not. Kastrosky explained the same day Doug Casina
came across the Barningham issue. They were approved for the mobile home but the
affidavit was never recorded within 90 days and the permit is null and void. If the County
is let off the hook then Barninghams’ cannot be held accountable. The Barninghams
came in and said the home is going to be moved. Maki (going back to the County issue)
stated they presented that as a test strip. That tower was moved a half mile; it was also
logged at both sites for the tower. They had to come back to put the big tower up.
(Kastrosky then read the permit to the Committee). Rantala asked what the department
normally does when this happens. Kastrosky stated the Barninghams came in right
away to correct the action and the department should hold them to it. The home is going
to be moved anyway. What do we want to do with the county? Rondeau stated that a
letter should be written to the administrator and Rantala agreed. Kastrosky stated that
the recorded affidavit should be paid within 90 days to the department after notice has
been sent by the department. If the applicant fails to do so the conditional use permit
shall not be issued and then null and void. The department does not make them reapply
or fine them. Jardine stated double fees should be applied and they must reapply.
Rondeau again stated a letter should be written stating a $30 check is need for the
affidavit recordation and if not the department will step in and ask for it to be removed.
Kastrosky stated it is not an issue about the $30 but how do we treat the County.
Jardine stated same way and everyone else. Rondeau agreed. Kastrosky said the
County is in default by a year and a half. The Barningham issue is a week. Treat them
the same? Rantala stated the fee can be doubled. Rondeau doesn’t care about the
Barningham issue being a week overdue but the County should be held accountable and
lead by example. Maki agrees and a letter should be written.
Rantala motioned that Kastrosky write a letter to the County Administrator
stating they have been operating without their permit and have also moved the tower
without a permit, only now have we received the $30 and please file your affidavit to
come into compliance with this and CC all board members. Maki seconded. No further
discussion. Motion carried.
I. Discussion and Possible Action on NR 115
Kastrosky stated there are a lot of bills that are proposing that the County cannot be
stricter than the DNR.
J. Discussion and Possible Action on Comprehensive Planning
Kastrosky explained he is finishing up adding what was deficient to the plan, sending it
through Madison, getting approval, and hopefully releasing the $100,000 if the County
meets the deadline. The Town of Russell is thinking about rescinding their comp plan
and abolishing their plan commission. Kastrosky has been working on getting legal
opinions on that. Russell has been the most controversial. If they abandon they plan then
the County land use map may have to be changed to use the preexisting land use for
Page 25 of 25 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2012
Russell. Rondeau asked if Russell want to eliminate the comp plan commission, and
overlay and the reply was not the overlay and not sure where it will go. Russell paid
$5,000 to SEH to develop that plan not the County.
(Rantala exited at 1:16 pm)
12. Monthly Report
No Monthly report, but Zoning is very busy.
13. Budget and Revenue
Kastrosky commented on the cash register and that would be a better tool to do the job.
This would help with receipting and receive budget on a timely manner.
14. Adjournment
Rondeau called adjournment at 2:23 pm.
Prepared by kmh on 3/16/2012 3:10pm; given to KK at 3:12pm
Approved by KLK on 4/13/2012 10:00am
Final Approval on 4/19/2012
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2012/#3 March