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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 12/18/2014 Page 1 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING DECEMBER 18, 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, 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 October 16, 2014 meeting. Strand motioned to approve, Bussey seconded. No further discussion. Motion carried. 7. Public Hearing: A. Pamela Mackovich (Barnes) - Rezone [a 2.0-acre parcel (Tax ID #2833) located in part of Gov’t Lot 1 in V. 927 P. 721, Section 26, Township 45 North, Range 9 West, Town of Barnes, Bayfield County, WI] No one spoke in support or opposition. File Report: Schierman stated this lot is too narrow and cannot meet the setbacks for the current zoning district and would like to rezone to be able to meet setbacks. In the future the Committee may see more of these come through. There is a letter from the DNR stating “would like to ensure that the applicant is aware that any future development will need to meet the standards and setbacks under 13-1-22(a)(1), 13-1-32(b)(1), and 13-1-32(g) for the Bayfield County Zoning code”. Strand asked if there was Town Board approval, Schierman stated this was sent to the town 2 months ago and it was not returned. They were going to have a special meeting this morning and send the findings but nothing was received. Discussion ended. Page 2 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 B. Village of Cable; Town of Namakagon; Town of Cable & Town of Drummond (i.e. Union Airport) - construct and operate 18 privately owned hangars on leased land within airport boundaries; and 1 public hangar with office/terminal area [a 20–acre parcel (Tax ID# 8960) located in the W ½ of the SE ¼ of the NE ¼, and a 39–acre parcel (Tax ID# 8958) located in part of the SW ¼ of the NE ¼, less that portion described in V. 242 P. 12, both parcels in Section 21, Township 43 North, Range 7 West, Town of Cable] Robert Rasmussen, Chair for the Town of Namakagon spoke in support. Submitted a letter for the file, requesting to grant approval and that the Town has no objections. File Report: Schierman stated this may seem familiar to some that were on the board two years ago. After doing some wetland delineation and finding where the hangers can go, there are some parcels that were not on the original request so this is somewhat of a correction to the original request. There is also in the file the minutes from the Town of Drummond where they acknowledge the process and do not have any objections. Strand asked if this will allow any habitation in building. Schierman and Furtak stated no that the buildings are for planes and no indication that there will be habitation. Revisiting this cause were there parcels where they want to build that were missed on original permit. Town Board sent through approval and consistent with Town comp plan. Discussion ended. C. Bayfield County Highway, owner and Thomas Toepfer, agent (Namakagon) – Rezone [a 8-acre parcel (Tax ID #24329) described as a parcel in Gov’t Lot 4; the 2nd parcel is a 0.25-acre parcel (Tax ID #24328) described as a Hwy parcel in Gov’t Lot 4; and the 3rd parcel is a 5.0-acre parcel (Tax ID #24317) described as a parcel in Gov’t Lot 3, all in Section 2, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Robert Rasmussen, Chairman for Town of Namkagaon, is very pleased with what Bayfield County has done with these parcels; they have turned a gravel pit into nice residential lots. Highly recommends approval. Mark Ables-Allison, County Administrator for Bayfield County, spoke in support explaining this is a result of four or five years’ worth of work. He has worked with a surveyor, Zoning, and Land Conservation. Gravel that was harvested is now stored off site, finished reclamation, and would like these as residential lots. File Report: Schierman stated there is comment from Mike Whenholts, DNR, “the land immediately adjacent to the east boundary of the property of this request has been identified as contain wetlands and soils labeled as “very poorly drained” indicative of wet soils and wetland conditions, including potential for standing water. As such, any future development on the property of this request will need to meet the wetland setbacks of 13-122(f) of the Bayfield Zoning Code. Additionally due to shoreland of Lake Namakagon to the west, the standards and setbacks under 13-1-22(a)(1) and 13-1-32(b)(1) and 13-1-32(g) must also be met.” Rondeau stated he went and looked at this and it is beautiful, a pretty area, the back part is unbuildable but this would be a great opportunity. Schierman stated there is Town Board approval. Page 3 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 Discussion ended. D. Adrien Cady (Barksdale) – Rezone [a 1.36-acre parcel (Tax ID #85) located in Lot 2 of CSM 502, Section 18, Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI] No one spoke in support or opposition. File Report: Schierman stated this is a piece of property on the intersection of Hwy 13 and Birch Grove Rd., across the street from an abandoned trucking center, addressed at town level and reviewed with comp plan which was amended by public hearing. There is a letter of support from the neighboring property Tom and Florence Blahnik. There is not Town Board form. Pocernich stated it was approved. Discussion ended. 8. Adjournment of Public Hearing: Jardine made a motion to adjourn, Bussey seconded. Motion carried. Adjourned at 4:17 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:17 pm. 10. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak, AZA, and Krystal Hagstrom - Secretary. 11. Previous Business: A. Rose, Bernard & Brian Varisco & John Wersells, & Kristi Griscom (Delta) – 1 unit short term rental (postponed 6/19/14 & 10/16/14) [ a 2.29-acre parcel (Tax ID #34784) Lot 2 of CSM #1570 in V. 9 P. 222 (located in NE ¼ of the NW ¼ & the NW ¼ of the NE ¼ ) Section 4, Township 46 North, Range 8 West, Town of Delta, Bayfield County WI] Schierman stated this was sent back and forth many times. The Town has not changed their original motion but they have modified their plan. This should be looked at in the light of the rules at the time not the new language. The agent is here. Jardine motioned to suspend rules and allow for public comment. Bussey seconded. No further discussion. Motion carried. Bill Erickson, Town of Eileen, thanks the committee for allowing him to speak. He explained the same points as he did at the October 16th meeting. Stating that in June the owner did not know that she needed to attend town meeting, asked to be reheard, town then sent it back to plan commission. Came to the Committee and it was tabled due to the town not acting on it. The owners would like to have Page 4 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 a short term rental to help with financial burden. They own the house next door so they are always around to supervise. There are no neighbors, to the North is an unbuildable lot, to the E is the lake, and to the West is a hill that on the other side is the road. They do not allow for ATV’s or snowmobiles on property, there is no public access to the lake. They live on a public road not a private road. They also cannot rent in the winter due to the cost of converting the old cabin to be able to stay open in the winter. This lot cannot be subdivided as it is fused to the adjoining lot. The owners have been renting for three years without any complaints. One option if this is denied is to convert into condos and sell one of the condos off (since the lot cannot be sold). They do not want to do this. Erickson asked that the committee grants approval. Strand stated that Town and plan commission remain in opposition that it is not compatible. He would like to support the local township. Jardine that was not in place when this was submitted. They were deliberately delayed them. Strand stated they had language that was not clear now the language is clear. Bussey stated this is a tough case that there is usually a good deal of difference to the Town. Not obligated to follow the Town Board though. Erickson presented his case well. This does not seem like it has been a problem before and owners should be commended. There will need to be a whole host of condition on the permit to be legally binding to what Erickson had said. The Town has been consistent since the beginning. He would have to give difference to the Town. Jardine would vote for the owner because of what they went through was not right. There is no reason why not to approve. Jardine motioned to approve. No second. Motion dies. Strand moves to deny. Bussey seconded. No further discussion. Motion carried. 4 approved – Bussey, Rondeau, Strand, Pocernich. 1 opposed - Jardine 12. New Business B. Pamela Mackovich (Barnes) - Rezone [a 2.0-acre parcel (Tax ID #2833) located in part of Gov’t Lot 1 in V. 927 P. 721, Section 26, Township 45 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman stated this property is on Kelly Lake, and want to rezone to be able to meet setbacks, going from one residential zoning district to another residential zoning district. Bussey stated he has a problem with this; the rest of the zoning around Kelly Lake is R-2 so this is clearly spot zoning. Here is what the league of municipality says about spot zoning, “spot zoning is when a zoning ordinance is amended to zone a small area for uses different than those allowed in the surrounding area to favor the owner. Spot zoning is not necessarily illegal cause spot zoning necessarily in consistent with the purposes of which ordinances can be passed. However zoning should be consistent with long range planning and based upon their consideration which effect whole community therefore spot zoning should only be indulged in where it is in the public interest and not solely for the property owner requesting the rezoning.” Bussey can see if the parcels around the lake have a hard time meeting setbacks the town should amend comp plan and rezone as a whole. Has a problem with one parcel rezoning to meet setbacks and it does not meet the criteria for legal spot zoning. Furtak asked if it was his opinion that residential 2 zoning is significantly different than residential 1 zoning. Bussey explained his concern is the last sentence in the statement. Jardine asked for Town Board approval. Furtak said they had a meeting but Page 5 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 failed to sign so the form was sent back to the Town and they have not returned it. Strand understands that the lot as it currently sits cannot meet setbacks for habitation requirements. Furtak stated the lot is 130 feet wide and in R-2 zoning setbacks are 75 feet. Strand asked if this lot was created by the current owner of they were the purchasers. Furtak stated the current owners got it from their parents and these lots predate zoning. Zoning in 1970 required 100 foot lots this is 130 foot lot it met state requirements when Bayfield County adopted shoreland zoning in 1973 there is a 150 foot lot requirement. Bussey asked about a variance. Furtak said first have to exhaust all legal channels before you can apply for variance. That would be the next step. Bussey still feels there is not public justification for this. Furtak stated this will create others to rezone. Pocernich motioned to approve. Strand seconded. Strand asked if there is some way to encourage the Town to address this as a whole. Schierman stated would still need to get individual approval from owners but Furtak has encouraged in the past. No further discussion. Motion carried. 4 approved – Jardine, Rondeau, Strand, Pocernich. 1 opposed - Bussey C. Village of Cable; Town of Namakagon; Town of Cable & Town of Drummond (i.e. Union Airport) - construct and operate 18 privately owned hangars on leased land within airport boundaries; and 1 public hangar with office/terminal area [a 20–acre parcel (Tax ID# 8960) located in the W ½ of the SE ¼ of the NE ¼, and a 39–acre parcel (Tax ID# 8958) located in part of the SW ¼ of the NE ¼, less that portion described in V. 242 P. 12, both parcels in Section 21, Township 43 North, Range 7 West, Town of Cable] Rondeau stated he has no problem with this. They went through a lot of work and they are approved by DNR. Furtak stated they are not on wetlands but in between two wetlands. Jardine motioned to approve. Bussey seconded. No further discussion. Motion carried. D. Bayfield County Highway, owner and Thomas Toepfer, agent (Namakagon) – Rezone [a 8-acre parcel (Tax ID #24329) described as a parcel in Gov’t Lot 4; the 2nd parcel is a 0.25-acre parcel (Tax ID #24328) described as a hwy parcel in Gov’t Lot 4; and the 3rd parcel is a 5.0-acre parcel (Tax ID #24317) described as a parcel in Gov’t Lot 3, all in Section 2, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Pocernich motioned to approve. Jardine seconded. No further discussion. Motion carried. E. Adrien Cady (Barksdale) – Rezone [a 1.36-acre parcel (Tax ID #85) located in Lot 2 of CSM 502, Section 18, Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI] Pocernich stated it did come to the Town Board and was approved. Also adjusted future land use map comp plan through public hearing to reflect this zoning. Bussey has same concern with respect to spot zoning. Is this in public interest not solely in owners’ interest? Pocernich stated the Town would like more and more commercial along the highway. This is why the plan was Page 6 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 changed. Includes property to the south of this. Bussey stated that helps that there is a public interest. Strand asked if there is any other commercial zoning adjacent, Schierman answered no. There is a court case that came out of Dane County in 1992 where a rezone was approved in a residential area to facilitate for someone to operate their electrical business, it was appealed by neighbors, it was upheld by the court that the business serves the county at large and not for applicants interest. Bussey stated that may be the case the municipality sites. Croonborg-Murphy stated there is residential use of the property that the accessory structure will be used to operate business. There is a full time residential use of property. Jardine motioned to approve based on Town Board Approval. Strand seconded. No further discussion. Motion carried. 13. Previous Business F. Michael Murphy & Jennifer Croonborg-Murphy (Bayview) – hobby farm (i.e. limited livestock, poultry/fowl) [a 7.68-acre parcel (Tax ID #36055), described as Lot 2 CSM #1733 in V.10 P.167 (located in Govt Lot 3), Section 15, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Schierman explained the applicants asked to have a small hobby farm on property on 7.68 acres in the town of Bayview. Applicant happens to be the inspector from our office and will be excellent stewards of the land, they enforce ordinances, and are in a public location to show case their practices. Bussey stated the Town approved with 3 animal units what is the applicants’ position on that. Schierman stated they are receptive to that. There is correspondence in the file, Paul and Karen Johnson stated the property was once a farm and confident they will be good stewards of the land. Kevin Hunt opposed and concerned about sounds and smells. Concerned about animals that have been on Howell Rd. Office has confirmed these may be from another unpermitted hobby farm. Tom Hmeilewski concerned that this would negatively impact his property and storm water runoff. Gary and Sue Van Dyke applauded anyones attempts to do this but concerned about negative impacts. Roger and Terry Childs said they have been trying to sell property across the street and this may affect that. Patrick and Jacquelyn Brown sent a letter noting Wisconsin’s long agricultural history and confident the Muphy’s would be good stewards of the land. Town has sent through recommendation of approval with condition of 3 animal units. Jardine asked about the area, Schierman answered 7.68 acres. Bussey asked about the boardwalk. Croonborg-Murphy explained they would like the sheep to graze the orchards so they wouldn’t have to mow, but that is not the primary pasture. Boardwalk is more for people and tractor to access and deliver hay. Neighbor wants a gate on their property to access but main access from own property, will flower WDNR guidelines for boardwalk. Strand motioned to suspend rules and allow for public comment limit to 3 minutes per person. Bussey seconded. No further discussion. Motion carried. Approved – Rondeau, Pocernich, Bussey, Strand. Opposed – Jardine. Karen Johnson neighbor of the Murphy’s and they have a really good plan and the amount they are talking about will not be a problem. Some of the other Page 7 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 neighbors complaining have animals and they do not have a problem on their property. Paul Johnson gives support to the Murphy’s and this will improve the land and the soil. Jennifer Croonborg-Murphy spoke stating there was a good discussion at Town level and the letter of opposition attended meeting as well as Paul and Keren. At the end of the meeting everyone shook hands. Tom Hmeleski has contact land and water conservations with concerns of run off. Met with Ben Dufford since then and she believes that he did return the phone message that there were no concerns. She is voluntarily putting in a buffer to the wetland and keeping the animal use low. Working with animal unit because land is going to need different types of animals at different times, land now is weeds and need stop choose an animal with a higher diet of weeds, later on when pasture develops may be able to keep a cow. Would like to listen to the land and have the animals it needs and that will support her family. Bussey motioned to approve with the following conditions: [1] That it be limited to 3 animal units as defined in the schedule Jennifer submitted with her letter. [2] That there be a 25 foot vegetative buffer around the wetland drainage system maintained on the property. [3] That there will be no grazing in the wetland or its buffer. [4] There be a raised boardwalk consistent with the DNR standards to allow access for pedestrian and vehicular traffic across the waterway. Jardine seconded. Strand notes for the record that comp plan and Town Board approves this, note the parcel size is very large for the zoning district and the parcel cannot be subdivided as noted on the deed restriction. Bussey asked that that be noted as part of the motion. Ok with second. No further discussion. Motion carried. G. Daniel & Collen Puzak (Barnes) – residential garage in commercial zone [a 0-acre parcel (Tax ID #35265), described as a parcel in the SW ¼ of the SW ¼ described in V.1004 P.139, Section 30, Township 45 North, Range 9 West, Town of Barnes, Bayfield County, WI] Furtak explained property is zoned commercial however the owner would like to have a garage there and this requires a special use permit. Furtak gave them the go ahead to put in the posts for the pole building. Furtak also told the applicants that if this is not approved they might not be able to finish. Jardine motioned to approve. Pocernich seconded. Strand asked if there is Town Board response. Schierman answered yes that Furtak was able to get a copy of the approval and they indicated that it meets comp plan, approval is recommended by the Barnes plan commission and compatible with the land use plan. Pocernich said just to clarify the motion that it is consistent with the comp plan, consideration of the Town Board recommendation which is to approve. No further discussion. Motion carried. H. Kenneth & Lisa Hyde (Iron River) – residence, residential garage and short term rental in commercial zone [a .482-acre parcel (Tax ID #20273), described as Hessey’s Addition Lots 17-24 Block 13 & Vac Alley in V.1080 P.305, Section 8, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Page 8 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 Furtak explained currently there is a building that was constructed and used as real estate office, currently an appraisal office, Lisa Hyde the appraiser would like to have converted from a commercial building to a residential building. UDC requirements will be met and would like to build a residential garage this requires a special use permit, possibly use as a short term rental. Currently the person that wants to rent is going to rent month to month. Strand asked if the short term rental part of the application, Furtak answered yes. Schierman read the description on the application. Furtak stated recently the building next door is the coffee shop that was recently converted to a residence with two residential garages. The whole corridor is zoned commercial. Bussey asked if there was something from the Town. Schierman stated yes, recommended approval and indicated that they have reviewed with comp plan. Bussey motioned to approve based on Town Board Approval and Towns comp plan, community and general welfare, consistent with the criteria for issuance of a permit. Pocernich seconded. Jardine added the 23 acres behind it the Town designated as Industrial area. No further discussion. Motion carried. I. Clayton Davis (Cable) – home based business (i.e. landscaping business with equipment and materials [a 1.57-acre parcel (Tax ID #10384), described as Pineview Plat Located in N ½ SE ¼ Lot 8, Section 15, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Furtak explained Mr. Davis recently bought Wild River Landscaping he also recently purchased these lots, one fronts on Co Hwy M other on Old D. Permit on file for pole building where he would keep equipment and materials. May have a sign and believes that lots are zoned RR-B. Strand stated it is zoned R-1 and questioned the recommendation from the Town to have access on Co Hwy M. would like to support this. Furtak stated he didn’t see a problem with this but motion should say if approved. Schierman stated Town recommended approval and reviewed with comp plan, the Town of Cable board would encourage the use of the entrance off of Co Rd M to stay away from residential area for commercial traffic. No letters of opposition or support. Strand motioned to approve with requirement that commercial traffic uses the entrance to Co Rd M on the basis of plan commission and Town Board recommendation. Bussey seconded. No further discussion. Motion carried. 14. Other Business J. Discussion and Possible Action regarding reoccurrence of violation (Town of Hughes) Schierman stated going to court on Monday the 22nd, to seek contempt of judges orders on Scoot Johnson property. Property on Orlowski Rd, in-between Deep Lake and wetlands that are head waters to the Iron River. Operating unlicensed scrap yard that the County cleaned up once for him and he has repopulated more densely with scrap and car bodies. More than generous with time to clean up and it hasn’t taken place. The proceeds generated from all the materials were used to pay his court costs and County enforcement process and the reaming went to the property owner somewhere in the sum of $3000. Bussey asked if a forfeiture Page 9 of 9 ZC Planning and Zoning Public Hearing and Meeting – December 18, 2014 being sought. Schierman answered seeking to get all of the court costs and not going to act as personal scrap broker, seeking to protect waters. No attempt to capture fluids from vehicles. Furtak stated could seek a daily fine this has been going on for years. After the first cleanup he was soliciting to bring in more scrap, he found this as a way to make money. Schierman thinks scrap is being moved. Bussey and Pocernich said at minimum a daily forfeiture. Pocernich asked if the depart has authority to put this on his taxes. Schierman is not a hundred percent confident in how process works. Bussey stated a lien on the property. Judge could impose a monetary daily fine or forfeiture. K. Questions and future agenda direction from Planning and Zoning Committee Members Schierman stated in regards to the UDC, since dealing with CAFO, has not been able to go any further with this and hopefully will in first part of the year. 15. Monthly Report Schierman explained for October 417 land use permits issued 35 more than last year. 103 Sanitary permits down by 22. Took in $176156.06 in moneys. Pocernich motioned to receive and place on file, Jardine seconded. No further discussion. Motion carried. Schierman explained for the month of November issued 450 land use permits which is a head of last year by 41 permits. Issued 116 sanitary which is down 20 permits from last year. Took in $189358.06 which is a head from last year by $3758.06. Jardine motioned to receive and place on file, Pocernich seconded. No further discussion. Motion carried. 16. Adjournment Rondeau called adjournment at 5:22 pm. Prepared by KMH on 12/19/2014; given to RDS 12/23/2014 Approved by RDS on 1/2/2015 Sent to ZC on 1/2/2015 Final Approval on 2/19/2015 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2014/#12 December