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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 7/17/2014 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JULY 17, 2014 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, and Krystal Hagstrom - Secretary. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 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 Comment – relevant affairs to be addressed towards Planning and Zoning Committee [ 3 minutes per citizen ] 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the June 19, 2014 meeting. Jardine motioned to approve, Pocernich seconded. No further discussion. Motion carried. 7. Public Hearing: A. Jacob Obletz / Jolee Walker (Kelly) – 2 principle structures on a parcel [a 40-acre parcel (Tax ID #21408), described as SW ¼ of the NW ¼ Section 26, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Jolee Walker, spoke in support, explaining she would like to add a mobile home to her property for her elderly mother to move into so she could care for her. Strand asked what the plan was for the home after it is not needed. Walker answered that it is a 14 x 50 foot home so it is rather small and easy to move or sell. It is not visible from the road. Jardine asked if the land is not going to be split. Walker said yes she would not want to parcel out her farm. File Report: Schierman stated no letters of support or opposition. Town Board approval did not make it to the Town. Bussey asked if has been considered by the town board. Walker stated she asked Chris Duke several weeks ago, before the meeting. Most of her neighbors are in support of this. Town did not see why it would be disapproved and it was on their agenda. She has not heard from the town members and she was told by them she didn’t need to go the meetings. Discussion ended. Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 B. Town of Bayfield / Brian Matthys (Bayfield) – bulk-storage tank [a 1.79-acre parcel (Pin #04-006-2-50-04-01-1-04-000-30000), described as lot 1 of CSM #1878, Section 1, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Brian Matthys, manager of Midland Services in Ashland, spoke in support. Midland would like to purchase a parcel of land in industrial park. The land was rezoned and now needs a conditional use permit for the bulk tank. Bulk storage tank is needed in this area and no better place than in the industrial park. Bussey notes the letter from Nancy Martin objecting, where is she located (Matthys showed on the map). Matthys stated the Town owns all the parcels on the North, South and West. This meets all setbacks and will be fenced. Clearing just a minimal part of the parcel, most people will not know this is going to be there. File Report: Schierman stated one letter of opposition from Nancy Marten concerned it would diminish value of her parcel. Town Board approval and reviewed with comp plan. Discussion ended. C. 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: To create Section 13-1-107 to adopt the Wisconsin Uniform Dwelling Code (UDC), create the position of Building Inspector, and set forth provisions for building permits, fees and penalties related to the UDC. Schierman explained that at Dennis’s direction, explored what it would take for the County to do UDC inspections. If language is adopted then the County would be able to contract with a UDC agency and not subject to the agencies that are contracted by the state. Some Towns contract on their own and this will not affect this relationship. They can pass a resolution at a town level and use the County’s agency. Rondeau stated that he remembers this a few years ago and it was turned down. Schierman thinks there was confusion on whether or not the County would be doing the inspections. This is not the case. This would be a licensed individual and the County would use their business. Jardine stated there is talk about the good and the bad inspectors and not getting the service that they need and some were two months behind. Bussey asked about fees, Schierman replied the fees are collected as part of the application process. The cost is through the applicant. This is only the first step. Next decision will be, do we offer office space or are the inspectors on their own. Rondeau asked about hiring more people, Schierman responded there will be no hiring at the County level. At this point we are just trying to get some consistency and professionalism. Jardine stated that may be a wash. Bussey asked Schierman who enforces the code under current regulations and who would enforce later, Schierman reply was the Department of Safety and Professional Services and if adopted the UDC agency would enforce the state code. The way it is worded, UDC for 1 and 2 family dwellings it is under DSPS, if applied to buildings built prior to June 1, 1980 then it would be BOA. Pocernich explained just to clarify this is at no cost to the County. Bussey again asked if there would be additional costs to the County if Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 enforcement is needed. Pocernich replied that it would still have to go through BOA. Schierman added that statutes already outline how appeals are handled and this wouldn’t change. Bussey if enforcement is needed it is not a BOA case, who would enforce if a house is found in violation? Schierman said that would be the state. Jardine asked to clarify “pre 1980”, Schierman answered “additions / alterations to buildings built before 1980”. Two components: if someone adds onto a structure more than 150 sq. ft. we are applying it to the date UDC took effect in Wisconsin, not before. Just like it does now, only the state assigns the contract. If we adopt we can assign the contract. The process won’t change. Bussey stated that the language suggests it does include buildings built before 1980. Schierman stated that the word “before” should be struck. Bussey stated there should be a better handle on the enforcement issue before proceeding. It seems like good language to adopt but would like a better understanding of the enforcement end. Pocernich has no problem with postponing this. Schierman stated he has never seen a case where the County had to shoulder the costs but also has no problem with clarifying the language. Pocernich added that years ago the towns bowed out of this now, inspectors are becoming harder to come by and they don’t know what zoning is doing and zoning doesn’t know what they are doing. It would be easier to work with one person and work hand in hand with zoning. Bill Erickson spoke in support stating the County needs the consistency. To answer a question that was floating around, if the house is found to be non- compliant, they are sighted by the inspector, and it goes straight to the UDC in Madison, it is black and white issue. Susan Keachie, Town of Bell plan commission and citizen, spoke in support. This is great for consistency for the towns that do not have an appointed UDC inspector. Our builders are local builders and they come up with different expectations from different inspectors. One concern, decreasing the amount of the square footage from 200 to 150, it is unnecessary and could be deleted. Keachie is confused about the relationship between zoning and UDC, Schierman answered that would be an arm’s length relationship. Select the UDC inspector and better communication with the inspector. Keachie stated it is up to applicant to apply to both UDC and Land use. State statute outlines the UDC timeline. Builders know that and work with that timeline. Consistency is what is important. Jardine stated that service should be the main thing that we focus on. File Report: Schierman stated one letter from the Town of Russell. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Bussey seconded. Motion carried. Adjourned at 4:35 pm. 3 minute break 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:37 pm. Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 10. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, and Krystal Hagstrom - Secretary. 11. Business: A. Jacob Obletz / Jolee Walker (Kelly) – 2 principle structures on a parcel [a 40-acre parcel (Tax ID #21408), described as SW ¼ of the NW ¼ Section 26, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Jardine asked why the Town did not get the approval form. Croonborg-Murphy stated it was forwarded and not received. Strand asked why, Schierman explained that it appears it went to Town of Mason not Kelly and it was attempted to forward to the Chair of Kelly (Vern Gilles), but you cannot forward certified mail, that would have been his mistake. Jardine stated could still permit contingent upon town board. Rondeau stated he is not a fan of that but this one seems simple and would agree with Jardine. Croonborg-Murphy added that the reason she would like to share the space is that it is cost prohibitive to install a new holding tank. The one that is there is sized fine for an added bedroom. Jardine motioned to approve contingent upon town board approval. Bussey seconded. Strand asked what assurances are there that this is not going to be subdivided off in the future. Schierman stated he would not be able to approve a survey, the buildings are tightly clustered. Strand stated it meets setbacks but could someone apply for a variance. Rondeau stated that would have to come back to us. Strand asked if we should consider some type of condition stating it can’t be subdivided. Croonborg-Murphy added, something to consider when asking to place a second residence on a parcel that then becomes density neutral. If this parcel is told they couldn’t subdivide it would be more restrictive. It is a matter of keeping the residences in these minimally dense zones. If it was possibly not able to subdivide less than 10 acres it would be equivalent to the rest of the County. Don’t think there are plans in the future to subdivide since they farm. Rondeau asked if she had a problem with the way the motion is, and the answer was no. Pocernich asked if the Town does not approve can they bring back for approval, answer yes. No further discussion. Motion carried. B. Town of Bayfield / Brian Matthys (Bayfield) – bulk-storage tank [a 1.79-acre parcel (Pin #04-006-2-50-04-01-1-04-000-30000), described as lot 1 of CSM #1878, Section 1, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Bussey motioned to approve. Pocernich seconded. Bussey noted the letter from Nancy Martin. Approving based on consistency with town plan and town board, economic welfare, location of site to future access roads. Taking into account other land uses this is just on the North East corner of the Martin property and the road to New World is on the North, no significant adverse effect on the marten property and balanced with the economic welfare. No further discussion. Motion carried. Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 C. 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: To create Section 13-1-107 to adopt the Wisconsin Uniform Dwelling Code (UDC), create the position of Building Inspector, and set forth provisions for building permits, fees and penalties related to the UDC. Bussey motioned to postpone till next meeting to get more information on the enforcement of this provision of ordinance. This needs to be addressed. Maybe we find out that enforcement is worth taking on. It does say we are appointing a building inspector. Number 1 we are incorporating the state building code as a County ordinance. It says that the building inspector is going to administer and enforce our ordinance under 1(a) it talks about this will be enforced by forfeiters and withholding building permits that sounds like the state is going to enforce our ordinance. Pocernich seconded. Jardine stated we have to adopt state ordinance. Bussey explained that the county could not adopt an ordinance that was less restrictive then the state. Strand asked under 1.5 where is said “building inspector”, we are proposing a company or individual. Schierman stated with an entity or an individual, main concern that they are licensed and credentialed. Bussey stated that Corp Counsel sounds like a person but it is a law firm, could clarify language. No further discussion. Motion carried. Agenda Review and Alteration D. Judy Schuman (Iron River) – placing a mobile home in an unincorporated overlay district [a 0.224-acre parcel (Tax ID #20436), described as Original Plat of Iron River Lots 22-24 Block 3 TOG with VAC N ½ Pine St V.917 P.743, Section 7, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Schierman explained there was an old rundown mobile home on property in sewered area of Iron River on the corner of A and Pine Street. Owner would like to replace with a new one and a garage. Rondeau asked how new, Schierman stated he does not have a title. Pocernich motioned to approve. Jardine seconded. Strand asked if there was anything from the Town or Plan Commission. Schierman answered yes that he contacted the Town and the Clerk and she was out of town at time of the meeting. Only one board member signed the form. She also sent the minutes and all were in favor of approving. It was reviewed with town comp plan. Bussey asked if it will be rented. Schierman stated there is nothing on the application about it being rented. There is an adjacent property owner that has a Colorado address, believes that “erecting a mobile home in the heart of Iron River does not fit into the economic and tourism stability. Mobile home trailers should not be permitted in the business district of this small beautiful Wisconsin town”. Pocernich included in motion that it meets Town Board and consistent with comp plan, maintenance and safe and healthy condition, and welfare and economic impacts. No further discussion. Motion carried. Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 E. Scott Johnson (Eileen) – used car sales/light repairs (i.e. brakes, tires, etc.) [a 30-acre parcel (Tax ID #16134), described as PCL in SE ¼ of the SE ¼ Section 35, Township 47 North, Range 5 West, Town of Eileen, Bayfield County, WI] Schierman explained this is a for a used auto lot for up to 50 units, minor car repairs, like brakes etc. This one is another one that has no Town Board approval the packet was signed for by the Town clerk on June 26th unfortunately it never made it to the Town Board. Terry Torkko wrote that the Town will hear this at next month’s meeting scheduled for August 5th at 7pm and is requesting this item be postponed. Bussey motioned to suspend rules and allow for comment. Pocernich seconded. No further discussion. Motion Carried. Scott Johnson, spoke in support, explaining that he was unaware that this did not get through the Town Board and is he is fine with postponing. Adding one piece of information that he got a driveway easement. He owns a dealership at another location and just looking to move it. Pocernich asked if he is just moving his business, reply was yes to get in better soils, it is clay where his current location is and sand at new location. Jardine motioned to postpone. Pocernich seconded. No further discussion. Motion carried. 12. Other Business F. Discussion and Possible Action regarding digital apps (phase 1) Schierman updated the Committee on the first phase of the digital application process. Ultimate goal is for the property owner to enter ID number of the parcel and the program will auto populate the fields and owners can apply from home. All the information will tie together. Will be looking at prototypes of what the consumer will see. G. Discussion and Possible Action regarding 2015 budget topics Schierman explained at next month’s meeting he will bring forward the budget and he wanted to give the Committee heads up on what will be coming. 1] Phase two of the mapping service will be calculating distances for proposed buildings. 2] Desk top scanner and software that goes with it. Would like to digitize all the files going back to 1963. This would make for easier access in the field. 3] Would like the Land Records to map all the non-metallic mines. Last time this was done was in 2006. 4] As far as updating the comprehensive plan there are many things that need to be done that the department needs to do. There will be an estimate coming on this project. H. Committee Members discussion(s) regarding matter of the Planning and Zoning Department Strand requested that Schierman address the concerns that the Town of Russell wrote in the letter regarding UDC at prior to next month’s meeting. Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – July 17, 2014 Schierman explained a letter was submitted to the department by Neil Schultz concerning a current board members’ and ethics. Bussey stated that if he felt he had a conflict he would recuse himself from the matter. Jardine stated that of all the 19 years of being on the Committee this has to be the best board. 13. Monthly Report Schierman stated that the department is $3191 ahead of last year at this time. Still 9 permits short but it has been a busy summer and apps are still coming in. 11 sanitary permits behind as compared to last year. Jardine motion to receive and place on file. Bussey seconded. Pocernich asked -$99,000 under budget projection, please clarify. Schierman explained $99,000 is where we need to be by the end of the year. No further discussion. Motion Carried. 14. Adjournment Rondeau called adjournment at 5:15 pm. Prepared by KMH on 7/18/14; given to RDS 7/21/14 Approved by RDS on 7/21/14 Sent to ZC on 7/22/14 Final Approval on 8/21/14 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2014/#7 July