HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/15/2013
Page 1 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
AUGUST 15, 2013
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Pocernich, Schultz, and Rondeau –all present. Jardine and Miller – absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike
Furtak-AZA, and Krystal Hagstrom - Secretary.
3. Affidavit of Publication: Schierman stated there was no affidavit of publication since
the Daily Press did not run the publication the second time there for there will be no
Public Hearing.
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 Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting an
ordinance amending sections 13-1-4, 13-1-21, 13-1-32, and 13-1-61, code of
ordinances, Bayfield county, Wisconsin.
Section 1. Subsection (a)(1) of Section 13-1-4 [Definitions] of Article B [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with additions highlighted by the double underline feature (additions):
(1) Accessory Structure. A detached, subordinate structure which is clearly
incidental to and customarily found in connection with the principal structure to
which it is related and which is located on the same lot as the principal structure.
Location of Accessory Structures. An accessory structure to a conforming or
nonconforming structure shall comply with the applicable setback set forth in
Section 13-1-32 and 13-1-60 and shall be located at least 5 feet from the
structure.
Section 2. Subsection (a)(27) of Section 13-1-4 [Definitions] of Article B [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with deletions highlighted by the strike out feature (deletions) and additions
highlighted by the double underline feature (additions):
(27) Home-Based Business. A gainful occupation conducted by a member of the
family within his/her place of residence. A home-based business shall be
conducted in where the space that is incidental to residential use, where the floor
Page 2 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
area does not exceed and shall occupy not more than twenty-five percent (25%)
of the total residential floor space or seventy-five percent (75%) of the total floor
space of an accessory structure. A home-based business shall require a special
use class b permit and shall not employ more than one (1) nonresident
employee.
Section 3. Subsection (b)(1) [Requirement] of Section 13-1-21 [General Land Use
Requirements] of Article B [General Provisions of Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is
hereby amended to read as follows, with additions highlighted by the double
underline feature (additions):
(1) Requirement. A land use permit shall be required for any new residence, any
building or structure erected, relocated, rebuilt or structurally altered (excepting
alterations which do not increase the size or change the shape of a structure);
any change in the use of the land; or where any use of the land is altered. A land
use permit shall be obtained prior to the initiation of construction or a change in
land use. No permit shall be issued if the applicant is in violation of the Bayfield
County Zoning Ordinance, Sanitary and Private Sewage Code, Flood Plain
Ordinance, Shoreland-Wetlands Zoning Ordinance, or Subdivision Control
Ordinance.
Section 4. Subsection (b)(3) [Improvements to Nonconforming Structures] of Section
13-1-21 [General Land Use Requirements] of Article B [General Provisions of
Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby amended to read as follows, with additions
highlighted by the double underline feature (additions):
(3) Improvements to Nonconforming Structures. Exterior improvements and
additions to nonconforming structures which change the size or shape thereof
shall require a land use permit. Replacement of decks, additions to decks, or new
decks attached to, non-conforming structures shall also require a land use permit.
Note: An existing deck reconstructed to the exact size and shape is exempt from
mitigation.
Section 5. Subsection (g)(1)-(4)c [Impervious Surface Standards] of Section 13-1-32
[Inland Lake Classification and Shoreland Lot Development Requirements] of
Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of
the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read
as follows, with additions highlighted by the double underline feature (additions);
and with deletions highlighted by the strike out feature (deletions):
(g) Impervious Surface Standards. The construction, reconstruction, expansion,
replacement or relocation of any impervious surface within 300 feet of the
ordinary high-water mark of any navigable waterway must meet the following
requirements:
(1) Lots or Parcels with 15% or Less Impervious Surface. Up to 15% of the portion of
a lot or parcel that is within 300 feet of the ordinary high-water mark may consist of
impervious surface without the need for mitigation.
Page 3 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
(2) Lots or Parcels with More than 15% but no More than 30% Impervious
Surface. Between 15% and 30% of the portion of a lot or parcel that is within 300
feet of the ordinary high-water mark may consist of impervious surface provided
that the landowner obtains a permit and provided that the mitigation measures of
subsection (f) paragraph (11) shall apply.
(3) Lots or Parcels with More than 30% Impervious Surface. No more than 30%
of the portion of a lot or parcel that is within 300 feet of the ordinary high-water
mark may consist of impervious surface.
(4) Existing Impervious Surfaces. For existing impervious surfaces that were
lawfully placed when constructed but that do not comply with the standards in
paragraphs (1) through (3) above, the property owner may do any of the
following:
a. Maintenance and repair of all impervious surfaces;
b. Replacement of existing impervious surfaces with similar surfaces within the
existing building envelope;
c. Relocation or modification of existing impervious surfaces with similar or different
impervious surfaces, provided that the relocation or modification does not result
in an increase in the percentage of impervious surface that existed at the
effective date of the Bayfield County Shoreland Zoning Ordinance, and meets the
applicable setback requirements in s. NR 115.05 (1) (b), Wisconsin
Administrative Code.
(g) (h) Relationship to Other Provisions. Subsections (b) through (f) above are
subject to the provisions of Section 13-1-22 (a) (modifying setbacks for certain
structures), Section 13-1-26 (pertaining to substandard lots of record), and
Section 13-1-40 (pertaining to nonconforming uses and structures).
Section 6. Subsection (b) [Home-Based Business] of Section 13-1-61 [Zoning
Districts] of Article D [General Provisions of Chapter 1 [Zoning Code] or Title 13
[Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
removed; with deletions highlighted by the strike out features (deletions):
(b) Home-Based Businesses. Home-based businesses shall require a special use
permit and shall occupy not more than twenty-five percent (25%) of the
residential floor space or seventy-five percent (75%) of the floor space of an
accessory structure and shall not employ more than one (1) nonresident
employee.
Canceled
6. Adjournment of Public Hearing:
No public hearing to adjourn. Went into business section.
7. Call to Order of Planning and Zoning Committee Meeting:
Page 4 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
8. Roll Call: Pocernich, Schultz, and Rondeau –all present. Jardine and Miller –
absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike
Furtak, AZA, and Krystal Hagstrom - Secretary.
9. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the July 18,
2013 meeting.
Schultz motioned to approve, Pocernich seconded. No further discussion.
Motion carried.
10. Business:
A. A petition by Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting
amendments to the Bayfield County Zoning Ordinance including the following:
Section 1. Subsection (a)(1) of Section 13-1-4 [Definitions] of Article B [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with additions highlighted by the double underline feature (additions):
(1) Accessory Structure. A detached, subordinate structure which is clearly
incidental to and customarily found in connection with the principal structure to
which it is related and which is located on the same lot as the principal structure.
Location of Accessory Structures. An accessory structure to a conforming or
nonconforming structure shall comply with the applicable setback set forth in
Section 13-1-32 and 13-1-60 and shall be located at least 5 feet from the
structure.
Section 2. Subsection (a)(27) of Section 13-1-4 [Definitions] of Article B [General
Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of
Ordinances], Bayfield County, Wisconsin is hereby amended to read as follows,
with deletions highlighted by the strike out feature (deletions) and additions
highlighted by the double underline feature (additions):
(27) Home-Based Business. A gainful occupation conducted by a member of the
family within his/her place of residence. A home-based business shall be
conducted in where the space that is incidental to residential use, where the floor
area does not exceed and shall occupy not more than twenty-five percent (25%)
of the total residential floor space or seventy-five percent (75%) of the total floor
space of an accessory structure. A home-based business shall require a special
use class b permit and shall not employ more than one (1) nonresident
employee.
Section 3. Subsection (b)(1) [Requirement] of Section 13-1-21 [General Land Use
Requirements] of Article B [General Provisions of Chapter 1 [Zoning Code] or
Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is
hereby amended to read as follows, with additions highlighted by the double
underline feature (additions):
Page 5 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
(1) Requirement. A land use permit shall be required for any new residence, any
building or structure erected, relocated, rebuilt or structurally altered (excepting
alterations which do not increase the size or change the shape of a structure);
any change in the use of the land; or where any use of the land is altered. A land
use permit shall be obtained prior to the initiation of construction or a change in
land use. No permit shall be issued if the applicant is in violation of the Bayfield
County Zoning Ordinance, Sanitary and Private Sewage Code, Flood Plain
Ordinance, Shoreland-Wetlands Zoning Ordinance, or Subdivision Control
Ordinance.
Section 4. Subsection (b)(3) [Improvements to Nonconforming Structures] of Section
13-1-21 [General Land Use Requirements] of Article B [General Provisions of
Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield
County, Wisconsin is hereby amended to read as follows, with additions
highlighted by the double underline feature (additions):
(4) Improvements to Nonconforming Structures. Exterior improvements and
additions to nonconforming structures which change the size or shape thereof
shall require a land use permit. Replacement of decks, additions to decks, or new
decks attached to, non-conforming structures shall also require a land use permit.
Note: An existing deck reconstructed to the exact size and shape is exempt from
mitigation.
Section 5. Subsection (g)(1)-(4)c [Impervious Surface Standards] of Section 13-1-32
[Inland Lake Classification and Shoreland Lot Development Requirements] of
Article B [General Provisions of Chapter 1 [Zoning Code] or Title 13 [Zoning of
the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read
as follows, with additions highlighted by the double underline feature (additions);
and with deletions highlighted by the strike out feature (deletions):
(g) Impervious Surface Standards. The construction, reconstruction, expansion,
replacement or relocation of any impervious surface within 300 feet of the
ordinary high-water mark of any navigable waterway must meet the following
requirements:
(1) Lots or Parcels with 15% or Less Impervious Surface. Up to 15% of the
portion of a lot or parcel that is within 300 feet of the ordinary high-water mark
may consist of impervious surface without the need for mitigation.
(2) Lots or Parcels with More than 15% but no More than 30% Impervious
Surface. Between 15% and 30% of the portion of a lot or parcel that is within 300
feet of the ordinary high-water mark may consist of impervious surface provided
that the landowner obtains a permit and provided that the mitigation measures of
subsection (f) paragraph (11) shall apply.
(3) Lots or Parcels with More than 30% Impervious Surface. No more than 30%
of the portion of a lot or parcel that is within 300 feet of the ordinary high-water
mark may consist of impervious surface.
Page 6 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
(4) Existing Impervious Surfaces. For existing impervious surfaces that were
lawfully placed when constructed but that do not comply with the standards in
paragraphs (1) through (3) above, the property owner may do any of the
following:
a. Maintenance and repair of all impervious surfaces;
b. Replacement of existing impervious surfaces with similar surfaces within the
existing building envelope;
c. Relocation or modification of existing impervious surfaces with similar or different
impervious surfaces, provided that the relocation or modification does not result
in an increase in the percentage of impervious surface that existed at the
effective date of the Bayfield County Shoreland Zoning Ordinance, and meets the
applicable setback requirements in s. NR 115.05 (1) (b), Wisconsin
Administrative Code.
(g) (h) Relationship to Other Provisions. Subsections (b) through (f) above are
subject to the provisions of Section 13-1-22 (a) (modifying setbacks for certain
structures), Section 13-1-26 (pertaining to substandard lots of record), and
Section 13-1-40 (pertaining to nonconforming uses and structures).
Section 6. Subsection (b) [Home-Based Business] of Section 13-1-61 [Zoning
Districts] of Article D [General Provisions of Chapter 1 [Zoning Code] or Title 13
[Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby
removed; with deletions highlighted by the strike out features (deletions):
(b) Home-Based Businesses. Home-based businesses shall require a special use
permit and shall occupy not more than twenty-five percent (25%) of the
residential floor space or seventy-five percent (75%) of the floor space of an
accessory structure and shall not employ more than one (1) nonresident
employee.
Canceled
Agenda Review and Alteration
B. McKinney Revocable Trust (Cable) – hobby farm (2 horses) [40–acre parcel
(ID# 04-012-2-43-07-04-1-04-000-10000), described as the SE ¼, of the NE ¼,
of Section 4, Township 43 North, Range 7 West, Town of Cable, Bayfield County,
WI]
Schierman stated there is an application for a hobby farm with two horses in the
town of Cable. Furtak stated James Bolin will be coming back for another one
since they would like to move the horses across the road from resort (Norway
Lodge) for the winter and want them here for the summer. This is all fenced in.
Rondeau stated you cannot see this from the road and they may get three in the
future but no more. Schierman stated we do have Town Board approval and it
does meet comprehensive plan.
Page 7 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
Schultz motioned to approve based on Town Board Approval that it
meets the Comprehensive Plan, and the 12 criteria points for decision making.
Pocernich seconded. No further discussion. Motion carried.
11. Other Business
C. Discussion and Possible Action regarding interpretation of subdivision
control ordinance.
Schierman explained in the packets there was information about how subdivision
control ordinance is written. The requirement for a survey on parcels less than 19
acres in a shoreland has only been applied if the remainder has frontage on a
navigable body of water, the ordinance is written that if the lot created or any
portion is located in the shore lands is needs to be done by CSM. Land Records
ran an analysis on how many lots were created since 2006 there were 452 lots
created not by CSM that we would have to deal with. Schultz were they
condominiumized and the answer from Schierman was no just subdivided.
Ordinance reads no person shall subdivide land creating one or more lots less
than 5 acres or less than 19 acres if any of that lot is located in shorelands as
defined in section 13-1-4 without complying with provisions of this chapter, so it
would require a CSM. Schultz stated that a lot of time a road runs through the
property and is that a state stat, reply was yes. Schierman also asked if the
ordinance should be amended or should the department interpret the ordinance
the way it was written and deal with everything that was done until this point.
Schultz motioned to tabled. Pocernich seconded. No further discussion.
Motion carried.
D. Discussion and Possible Action regarding interpretation of event / banquet
center(s) / halls.
Schierman explained there is a change in use on farms that people are
converting barns to wedding facilities and banquet centers and we do not have
this in our classification list. Mike now has an applicant that would like to convert
his barn to a banquet hall. Since we do not have this classified or even a
definition. Furtak stated he would like to have weddings and graduations there.
One thing that needs to be excluded is concerts. Schultz stated there needs to
be parking and sanitation. Rondeau stated there needs to be language drafted.
Schierman said there would be and that Murphy has experience with working
with this. She also stated that there would be properties that would be more
appropriate for this than others. Furtak stated that the applicant did not want to
wait to see what we would do so he has applied for a Conditional Use that way it
can come before the Committee and you can place conditions on it. There is a
public hearing that ways the neighbors can come and have their input heard.
That’s why the department has run it as a conditional use. Rondeau stated draft
up some language and bring it to the next meeting to be reviewed. Murphy
stated that there will be two things happening; one we would hear the conditional
use, and second draft language for an event center. Rondeau stated they would
go hand in hand.
12. Other Business
Page 8 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
E. Discussion and Possible Action regarding annual budget presentation.
Schierman stated the monthly report has been gaining ground on sanitary
behind by 2 and fell behind by one in the land use permits. Gained $1000 from
last year. Schultz asked what area has the most permits and Furtak stated the
Cable / Namakagon area.
Schultz motioned to receive and place on file. Pocernich seconded. No
further discussion. Motion carried.
Schierman explained the proposed budget for next year is right in line with 2012
/ 2013. We are going to realize some cost savings for this year since we went 6
weeks without an employee. There is $9000 that was budgeted $4,000 to be able
to consult with Karl, and that was not spent, also $5,000 for online permits that
has not been spent. There are different in health insurance since Doug was
single and Jennifer will be family. There was a lot of legal expenses on CFS.
There was a $9,000 bill for a briefing. Remaining legal fund is $1,602 and started
at $18,000. We have not been using Carlson and Spears as much as Karl has in
the past. We have been drafting our own amendments and sending them in for
review. We have also gone a different route with the settlement agreements.
Legal enforcement’s will slightly increase towards the end of the year, then level
out, since we have gone a different route with the septic pumping. Rondeau
asked when this will be ready and Schierman stated it is ready. Schultz had a
lot of questions that were addressed and answered by Schierman. Has any
thought been given to reduction in staff in the winter? Schierman – no. there are
a lot of paperwork and items we can’t address in summer that we can follow up
on in winter one being violations. Furtak stated that in February all the gravel pits
need to be reviewed and state come and audits the sanitary program. Rondeau
stated that he talked to a pumper in his area and the card system works great.
Schultz what is Carmody and is that a contractual service? This is the online
reports from plumbers and pumpers for the septic pumping program. Schultz
$18000 is that legal fees? Yes and we are requesting the same amount for next
year. Schultz what about the telephone doesn’t the county have a universal
telephone? It is billed monthly to each department. Schierman, Verizion there is
a check written for the cell phones. Schultz what is special services? Schierman
$5000 for the online permit process. This money will come to use and we would
like to retain for next year. It will not be spent this year and ultimately it would go
to the website hosting program. Schultz what is contractual services?
Schierman that is the money that Karl intended for if we needed to consult with
him and will not be used and would like to carry it over for the technogly for the
department. So there is $9000 that will not be spent this year and would like to
retain for next year for technology use. Schultz can we cut down on site visits
and use and kind of services that would allow us to not go in the field?
Schierman not that he is aware of. Plus sanitary installations need a POWTS
inspector on site statutorily when being installed. Pocernich bottom line is that
the department wants to increase the budget by $17000? Schierman yes mostly
because of insurance purposes since Doug was single and Jennifer is family.
Pocernich motioned to pass along to the executive committee for
approval. Schultz seconded. No further discussion. Motion carried.
13. Adjournment
Page 9 of 9 ZC Planning and Zoning Public Hearing and Meeting – August 15, 2013
Rondeau called adjournment at 4:40 pm.
Prepared by KMH on 8/16/2013; given to RDS 8/16/2013
Approved by RDS on 8/16/2013
Sent to ZC on 8/19/2013
Final Approval on 9/19/2013
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2013/#8 August