HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 10/16/2014
Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
OCTOBER 16, 2014
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Jardine, Rondeau and Strand – all present. Bussey, & Pocernich – Absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike
Furtak-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 September
18, 2014 meeting.
Jardine motioned to approve, Strand seconded. No further discussion. Motion
carried.
7. Public Hearing:
A. Mathy Construction Co/Perry Atterholt (Iron River) – reclamation plan [a 40–
acre parcel (Tax ID# 19873) described as SE ¼ of the NE ¼, Section 29,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Candy Anderson, speaking for Mathy Construction, spoke in support. Explaining
this pit was purchased from Rueben Johnson and already has a reclamation plan
on file. Schierman stated the original plan was submitted in 2004 and re-
reviewed on September 4, 2014 by Travis Tulowitzky of Land and Water
Conservation and contingent upon financial assurance.
Discussion ended.
B. Mathy Construction Co/Perry Atterholt (Iron River) – non-metallic mine [a
40–acre parcel (Tax ID# 19873) described as SE ¼ of the NE ¼, Section 29,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Candy Anderson, speaking for Mathy Construction, spoke in support. Explaining
the pit was purchased from Rueben Johnson in June and would like to renew this
pit in Mathy’s name and there are no proposed changes at this time. Rondeau
asked how many years they are asking to renew the pit. Anderson answered 10
Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
years. Schierman stated there are no letters of support or opposition. Furtak
stated he inspected this permit and it is in a very rural location with very few
homes around it.
Discussion ended.
C. Wayne Nelson (Russell) – reclamation plan [a 20–acre parcel (Tax ID# 34741)
described as SE ¼ of the NE ¼ less a parcel in V. 977, Page 801, Section 22,
Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
No one spoke in support or opposition. File Report: Schierman stated the
original reclamation plan was submitted in 2008, reviewed again on September 4,
2014 and approved contingent upon financial assurance by Travis Tulowitzsky in
the Land and Water Conservation Department
Discussion ended.
D. Wayne Nelson (Russell) – non-metallic mine [a [a 20–acre parcel (Tax ID#
34741) described as SE ¼ of the NE ¼ less a parcel in V. 977, Page 801,
Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County,
WI]
No one spoke in support or opposition. Schierman stated he inspected the pit
and it is in compliance with all of the conditions in the previous application. The
material from the pit was tested and the material passes for mound sand, which
is the closest pit with mound sand in the Northern part of the county.
Discussion ended.
8. Adjournment of Public Hearing:
Strand made a motion to adjourn, Jardine seconded. Motion carried.
Adjourned at 4:11 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:11 pm.
10. Roll Call: Jardine, Rondeau and Strand – all present. Bussey, & Pocernich – Absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike
Furtak, AZA, and Krystal Hagstrom - Secretary.
11. Previous Business:
A. Rosemarie, Bernard, Brian Varisco & John Wersells, & Kristi Griscom
(Delta) – 1 unit short-term rental [a 2.29-acre parcel (Tax ID #34784),
described as Lot 2 of CSM #1570 (located in NE NW & NW NE), Section 4,
Township 46 North, Range 8 West, Town of Delta, Bayfield County, WI]
Schierman stated this application was a class A special use permit that was
denied by the Town, the applicant wanted it to be brought forward to the
Committee. The applicant had missed the Town meeting and wanted another
Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
chance to explain her case. Agent is here if the Committee would like to hear
from him.
Jardine motioned to suspend the rules and allow for public comment.
Strand seconded. Strand asked what the intent of this permit is. Schierman
said to approve, deny, or table. No further discussion. Motion carried.
Bill Erickson, representing the Varisco’s, a brief history, this has been back and
forth between the town and county, when it went back to the town it was because
Rose Marie was not notified of the meeting and could not represent herself, but
when it went back to the town they swung it to the comp plan team. The comp
plan is trying to amend their plan to get rid of short term rentals in R-1 zoning.
Erickson went to the meeting, pleaded their case, and the town tabled. It is their
intent is to sit on it until the comp plan is amended and then deny all of them.
There are always exceptions. Erickson sat through all of the meetings and he
knows what they are trying to do. The town said things like the fact that there is
too much traffic on roads, boat traffic, atv’s, fireworks, garbage. This case is an
exception. This is on Musky Lake on a public paved road; there is no public or
private access to the lake. They do not offer boat rental, no atv’s and the site is
conducive to this (Erickson handed maps to committee). To the North is heavily
wooded and not buildable, South the same, and the West is uphill to road and
downhill to any building site. This rental is for low impact families. Unknowingly
they have been doing this for 3 years. Since then they went to Health department
and started the permit process, during the three years there has been no
complaints. There are two structures on the property; the one closest to the lake
is the rental unit. It was built in 1954 and is only for summer months cannot be
used in winter. The purpose is for maintenance, upkeep, and taxes. In 2009
Erickson built them a second home so they could spend more time up here. The
rental was supposed to be absorbed by the family, that didn’t happen, so they
started renting it. They cannot long term rent the place since it is closed in winter
and too costly to make it worthwhile. In order to get the second structure on the
property they needed a special use permit and there was a mistake on the deed
and didn’t have enough lake front so they had to fuse the two properties and they
cannot sell off the rental. This is out of necessity. No impact to anyone. They are
professional people; they are there to oversee the renters. This is one of those
exceptions and Erickson asks to grant the permit. Jardine asked how many
acres, Schierman stated 2.29 acres.
Rondeau closed public comment. Rondeau asked Schierman why the town
denied the permit; Schierman read the minutes from the April 15, 2014 town
meeting, stating that they were concerned with traffic hazards and the intrusion of
incompatible land uses, negative impacts to existing residents. Rondeau asked
how many times this has gone in front of the town board, Schierman answered
three times, and tabled twice. Strand asked if this agenda item was added
yesterday at 2:12pm. Schierman answered yes. Strand’s concern being that
they heard from the town before don’t know if they had the opportunity to know it
was on the agenda for today and is reluctant to do anything but make a motion to
postpone until the township has another opportunity to weigh in and would like to
know their response if they had the opportunity to weigh in.
Strand motioned to postpone until the town has had the opportunity to
comment again. Jardine seconded, and stated he would like a definite reaction
Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
from the town. Furtak asked if there is a deadline. Strand said one month until
next monthly meeting and include that in the motion. Jardine ok with second and
stated does not agree that they are delaying someone cause there plan is not
done. Croonborg-Murphy explained that when an application is received it is
thought it would be dealt with based on the current law and plan that is in effect at
that time. It is not case law to amend plan to deny and application. Rondeau
asked under the current comp plan would this be acceptable. Croonborg-Murphy
stated she is not the interpreter for the comp plan. Furtak stated there is a
current comp plan for the town of Delta and they are tabling this until they amend
that plan to address this issue. There is an issue with due process there comes a
point when an applicant deserves and answer. No further discussion. Motion
carried.
12. New Business
B. Mathy Construction Co/Perry Atterholt (Iron River) – reclamation plan [a 40–
acre parcel (Tax ID# 19873) described as SE ¼ of the NE ¼, Section 29,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Jardine motioned to approve. Strand seconded. No further discussion.
Motion carried.
C. Mathy Construction Co/Perry Atterholt (Iron River) – non-metallic mine [a
40–acre parcel (Tax ID# 19873) described as SE ¼ of the NE ¼, Section 29,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Schierman stated the town approved based on comp plan and inserted the
comment; 7 am to 7pm and potential hot mix plant. Rondeau asked if there was
a time deadline. Schierman said they did not specify the number of years.
Rondeau asked applicant if it was ten years. Anderson answers yes.
Jardine motioned to approve with the same restrictions as previously and
for 10 years (previous conditions: 7 am – 7 pm except Sundays & Holidays).
Strand seconded. No further discussion. Motion carried.
D. Wayne Nelson (Russell) – reclamation plan [a 20–acre parcel (Tax ID# 34741)
described as SE ¼ of the NE ¼ less a parcel in V. 977, Page 801, Section 22,
Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Strand motioned to approve. Jardine seconded. No further discussion.
Motion carried.
E. Wayne Nelson (Russell) – non-metallic mine [a 20–acre parcel (Tax ID#
34741) described as SE ¼ of the NE ¼ less a parcel in V. 977, Page 801,
Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County,
WI]
Schierman stated the town board sent through their minutes from their meeting
and are looking to have the conditions added that Wayne meets with the town in
the beginning of July every year to review the conditions of the roads and
crushing from 6 am to 6 pm, hauling from 6 am to 5:30 pm. There are 8 previous
conditions, 7 am to 5:30 pm for stock piling and 6 am to 6 pm for hauling except
Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
Sundays for crushing and hot mix. For hauling there is local contractors waiting
for him to open to haul. Now would like to change to stop the hauling a half hour
before and to continue crushing and stockpiling for the next day. Rondeau asked
Wayne (sitting in the audience) if that was ok with him and the reply was yes.
Schierman continued, looking for a renewal period of 5 years to December 31,
2019. Item number 5 in the previous conditions “allowed for storage of materials
not to exceed 4 years from the date the permit is modified”, he would like that to
be consistent for 5 years if approved for 5 years.
Strand motioned to approve with the conditions as listed and verbally
described. (Conditions: [1] Site will be a maximum of 20 acres. [2] Stock pile
material will be limited to 5 acre area. [3] Excavation depth not to exceed 20 feet
below grade. [4] Hot mix plant to be located with the 20 acre area/ [5] Storage
materials not to exceed 5 years from the date modified permit is issued [6] Stock
piling and or storing pit material shall be only between 6 am – 6 pm daily. No
work on Sundays or federal holidays. [7] A minimum of 10 days prior to crushing
stockpiled materials or operating hot mix plant, owner shall notify adjacent
property owners, contact the Town of Russell to schedule a public meeting with
the Town Board, owner and contractor to discuss volume of materials, times and
other matter pertinent to the activity. Crushing and hot mix operation shall be
limited to 6 am – 6 pm daily and not allowed on Sunday or Federal Holidays.
Hauling from 6:00 am to 5:30 pm. [8] The duration of the Conditional use permit
shall be to December 31, 2019. [9] Will meet with the Town of Russell every July
to review condition of road. Jardine seconded. Jardine asked the times again,
Schierman verified times. No further discussion. Motion carried.
F. Clarence Peterson (Iron River) – duplex/2 residential garages in commercial
zone [a 0.344-acre parcel (Tax ID #20272), described as Hessey’s Addition Lots
13-16 Block 13 & Vacated Alley Adj to Above Lots TOG with VAC 2nd St in
V.1129 P.967, Section 8, Township 47 North, Range 8 West, Town of Iron River,
Bayfield County, WI]
Furtak explained this structure was an empty building where there was a coffee
shop at one time. Peterson purchased property and is remodeling into 2 duplex
units. To have residential units and garages in a Commercial zone have to have
a special use permit. With the weather up here people want to keep belongings in
garages during winter and having the garages will help keep the property looking
nice. This in US Hwy 2. Jardine asked if this is across from the restaurant.
Furtak stated across from the sanitary and by District St. The property has been
surveyed and meets setbacks. Schierman stated the town has indicated they
reviewed with comp plan and recommended approval.
Jardine motioned to approve based on Town Board Approval. Strand
seconded. No further discussion. Motion carried.
G. Jacqueline Swanson (Cable) – home-based business (doggy daycare – up
to 12 dogs) and hobby farm (1 horse and 1 goat) [a 2.29-acre parcel (Tax ID
#8842), described as Lot 13 CSM #259 filed in V.3 of CSM P.39, Section 17,
Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI]
Furtak explained this is in Cable behind the VFW and previously there was a
home-based business for a veterinary clinic and is not in operation anymore.
Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
Requesting a doggie daycare but not sure if this includes overnight boarding and
also a hobby farm for one horse and one goat. This is a large lot and well-kept
and never any problems when the clinic was there. Schierman stated the town
recommended approval because it is compatible with the comp plan. Furtak
stated the committee might want to limit this to the current owner only and not
transferable.
Strand motioned to approve as submitted including up to 12 dogs, 1
horse and 1 goat and for the duration of the current owner and expires on change
of ownership and based on towns recommendation and that it meets town
comprehensive plan. Jardine seconded. No further discussion. Motion
carried.
H. Steven & Yvonne Cox (Reussell) – residence & garage in commercial zone
[a 4.42-acre parcel (Tax ID #29163), described as a parcel in NE ¼ of the NE ¼
of, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield
County, WI]
Croonborg-Murphy explained this application is to permit an existing condition.
The property is zoned commercial on Hwy 13 in the town of Russell surrounded
by agricultural property. Structure was built in 1980’s but not a special use
issued. The new owner who purchased 10 years later would like to expand the
residential use of the property making the attached garage living space and an
addition. In 2010 there is a permit for a residential garage. There is a concrete
holding tank that is functioning properly. They owner has been very patient with
the process.
Jardine motioned to approve and notes the conditions from the town and
consistent with comp plan and town board approval. Croonborg-Murphy stated
those are reasons why the town approved. Strand seconded. Schierman state
the town indicated that they approve and compatible with comp plan (Schierman
read the towns reasons for approval; not in conflict with overlay district,
compatible with comp plan, plan commission recommends approval, no public
input for or against, site contains home and garage, no adverse safety or health
issues, no adverse, general welfare impacts, no additional adverse effects on
natural resources, or adjacent floodway/flood plain, current access road
adequate, and consistent with land use in immediate vicinity). No further
discussion. Motion carried.
13. Other Business
I. Discussion and Possible Action regarding discrepancy between a property
owner/tax payer and dept. member
Schierman explained that after the last meeting Mr. Rooni subsequently called
the office and stated he felt he was called a liar. There is the transcript printed out
and highlighted in yellow. It is up to the Committee to determine if that was true.
He asked to be put on and wanted to be sworn in and speak today. Rondeau
and Jardine agreed that no one was accused of being a liar. Jardine stated he
was corrected that a permit was found on file but the intent was not to call anyone
a liar.
Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 16, 2014
J. Committee members discussion(s) regarding matters of the P & Z
Department
Strand requested that the committee be notified if the agenda is revised.
Schierman stated that he sent an email to the town chair and should have
carbon copied the committee.
14. Monthly Report
Schierman stated land use is ahead by 27 permits and $170,771.56 in fees have been
collected through September 2014. Sanitary is behind by 15 permits.
Jardine motioned to receive and place on file, Strand seconded. No further
discussion. Motion carried.
15. Adjournment
Rondeau called adjournment at 4:52 pm.
Prepared by KMH on 10/17/14; given to RDS 10/17/14
Approved by RDS on 10/20/14
Sent to ZC on 10/20/14
Final Approval on 12/18/2014
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2014/#10 October