HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 10/15/2015
Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
OCTOBER 15, 2015
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Jardine, Pocernich, Rondeau and Strand – all present. Bussey - Absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh
Rowley-AZA, Krystal Hudachek – Secretary, and Linda Coleman – Corp Counsel.
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
17, 2015 meeting.
Jardine motioned to approve, Strand seconded. No further discussion. Motion
carried.
7. Public Hearing:
A. Clifford Halvorson, owner & Town of Russell (David Good), agent (Russell)
– rezone Ag-1 to C [a 6.0-acre parcel (Tax ID #29162) described as that part of
the NE NE and NW NE lying N of US Hwy 13, in V. 808 P. 202 and V. 829 P.
802-803, Section 19, Township 51 North, Range 4 West, Town of Russell,
Bayfield County, WI]
Schierman explained Steve and Yvonne Cox had to come before the Zoning
Committee to ask for a residence in a Commercial zone. At that time the town
mentioned that the zoning districts were transposed on these two parcels (and
item B).
No one spoke in support or opposition. File Report: Schierman stated there is
town board approval and they have checked that it is compatible with the town
comprehensive plan.
Discussion ended.
B. Steve & Yvonne Cox, owner & Town of Russell (David Good), agent
(Russell) – rezone C to Ag-1 [a 4.42-acre parcel (Tax ID #29163) described as
Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
a parcel in the NE NE, in V. 684 P. 48, Less par for Hwy in V. 476 P. 136, Section
19, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Schierman stated this is the same as above.
No one spoke in support or opposition. File Report: Schierman stated there is
also town board approval for this item.
Discussion ended.
C. James & Sarah Kreinbring (Iron River) – banquet hall / event center and
farming (including livestock all types & farm related structures [parcel #1 is
a 1.54–acre parcel (Tax ID# 35919) described as Lot 1 of CSM #1705 in V. 1146
P. 428; Parcel #2 is a 8.59–acre parcel (Tax ID# 35921) described as Lot 3 of
CSM #1705 in V. 1146 P. 428; and Parcel #3 is a 8.59–acre parcel (Tax ID#
35922) described as Lot 4 of CSM #1705 in V. 1146 P. 428, all in Section 28,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
James Kreinbring spoke in support explaining that he is the owner of 20 acres
and would like to use 17 of the 20 acres for a banquet hall and farming. He would
like to have a horse or two and maybe a sheep or a goat. Maybe sell some
produce in the future on a small scale. The town had no objection but limited
them to 10 animal units and a condition that the town noise ordinance is followed.
The closest neighbor is Hyde’s restaurant. Jardine asked about the noise
ordinance, if it was the document attached. Croonborg-Murphy answered yes it
is about 4 or five pages (see original packet).
Discussion ended.
D. Richard Allen (Bayview) – carpenter shop, cabinet making, woodworking
shop, and school (private) [a 5.14-acre parcel (Tax ID# 6626), described as a
parcel in the W ½ of the SW ¼ of the SE ¼ in V. 1117 P. 555, Section 28,
Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI]
Richard Allen spoke in support stating that his business is on a very small scale.
He also asked that the after the fact fees be waived by the committee. File
Report: Schierman stated there no letter of support or opposition and there is
town board approval. Strand asked what the property is currently zoned.
Croonborg-Murphy stated it was just rezoned to Ag-1 earlier this year so he
could apply for these businesses. They would be compatible with the zoning
district.
Discussion ended.
8. Adjournment of Public Hearing:
Jardine made a motion to adjourn, Pocernich seconded. Motion carried.
Adjourned at 4:14 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:14 pm.
Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
10. Roll Call: Jardine, Pocernich, Rondeau and Strand – all present. Bussey - Absent.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh
Rowley-AZA, Krystal Hudachek – Secretary, and Linda Coleman – Corp Counsel.
11. Business:
A. Clifford Halvorson, owner & Town of Russell (David Good), agent (Russell)
– rezone Ag-1 to C [a 6.0-acre parcel (Tax ID #29162) described as that part of
the NE NE and NW NE lying N of US Hwy 13, in V. 808 P. 202 and V. 829 P.
802-803, Section 19, Township 51 North, Range 4 West, Town of Russell,
Bayfield County, WI]
Jardine motioned to approve based on Town Board Approval, and that it
meets the Comprehensive Plan. Strand seconded. No further discussion.
Motion carried.
B. Steve & Yvonne Cox, owner & Town of Russell (David Good), agent
(Russell) – rezone C to Ag-1 [a 4.42-acre parcel (Tax ID #29163) described as
a parcel in the NE NE, in V. 684 P. 48, Less par for Hwy in V. 476 P. 136,
Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield
County, WI]
Strand motioned to approve based on Town Board Approval, and that it
meets the Comprehensive Plan. Pocernich seconded. No further discussion.
Motion carried.
C. James & Sarah Kreinbring (Iron River) – banquet hall / event center and
farming (including livestock all types & farm related structures [parcel #1 is
a 1.54–acre parcel (Tax ID# 35919) described as Lot 1 of CSM #1705 in V. 1146
P. 428; Parcel #2 is a 8.59–acre parcel (Tax ID# 35921) described as Lot 3 of
CSM #1705 in V. 1146 P. 428; and Parcel #3 is a 8.59–acre parcel (Tax ID#
35922) described as Lot 4 of CSM #1705 in V. 1146 P. 428, all in Section 28,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI].
Pocernich motioned to approve based on the town comprehensive plan
and with the condition that the town placed. (conditions from the town: 1] No
event parking on Ruth Lake Rd. 2] Ten animal units. 3] Must comply with noise
ordinance of town. 4] Some farm to consumer sales). Jardine seconded. File
Report: Schierman stated there is town board approval and it complies with the
town comprehensive plan. There is a letter from the County Highway department
that there is a gravel pit adjacent to their property and there will be crushing. No
further discussion. Motion carried.
D. Richard Allen (Bayview) – carpenter shop, cabinet making, woodworking
shop, and school (private) [a 5.14-acre parcel (Tax ID# 6626), described as a
parcel in the W ½ of the SW ¼ of the SE ¼ in V. 1117 P. 555, Section 28,
Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI]
Croonborg-Murphy stated this has been operating for 2 years. It used to be
zoned commercial to operate a granola production. The school will be used for a
class room to teach private classes. Strand is concerned that the school may
Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
become a K-12 school with students and is there a way to limit that use.
Croonborg-Murphy said to place a condition on the application.
Strand motioned to approve based on Town Board Approval, and that it
meets the Comprehensive Plan, with the condition that the school be limited to
being for the use of arts, crafts, and trades not for a K-12 school. Pocernich
seconded. No further discussion. Motion carried.
Pocernich motioned to waive the after the fact fees being that there is no
effect on the health and well-being of neighbors. Jardine seconded. No further
discussion. Motion carried.
Agenda review & alteration
E. Larry & Cheryl Peterson (Barnes) – upgrade of Class A to Class B for
shoreland grading [a 4.15-acre parcel (Tax ID #1416, 1417, 1418, 1419, 1420,
1421, and 1422), described as Howling Wolf Condominium Units 1-7, Section 4,
Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI]
Schierman explained this is an appeal of a denial to re-establish a 4 foot wide
handicap accessible path to the lake. On May 22, 2013 there was a Class A
shoreland grading application submitted by Mr. Peterson, to replace a previously
existing path to the lake. On November 6, 2013 Schierman wrote a letter of denial
to the applicants. (Read letter into minutes, see attachment A). There was no
correspondence within 30 days and there was an ongoing lawsuit. The Petersons
are here today, upgraded their Class A to a Class B. Larry went on to ask the
DNR for their help. (Letters dated 9/17/13, 10/2/13, 11/22/13, and 12/19/14 were
submitted into the record). All letters indicated that his request would be a
violation of the Bayfield County Zoning Ordinance and the restrictive covenant
that Peterson entered into. The restrictive covenant is recorded in the Register of
Deeds office on 12/17/2009 V.1032 P.179-181. Recently received information
that the lawsuit against the County has been dropped on 8/26/2015, which leads
us to today. (All documents were offered into the record). There were no other
communications received or discussed that was not part of the record.
Strand motioned to suspend rules and allow interested parties to speak
limited to 3 minutes. Rondeau seconded. No further discussion. Motion
failed. (Favor – Rondeau and Strand. Opposed – Pocernich and Jardine).
Atty. Coleman suggested that the committee allow just the applicants to speak
to the application.
Pocernich motioned to suspend rules and allow Larry and Cheryl
Peterson to address the board. Jardine seconded. No further discussion.
Motion carried.
Larry Peterson explained the history of the project. He is asking for his life and
business back. A man by the name of Lobermeier came to the property and said
that he wanted to look around his property, Peterson said go ahead. Peterson
had made a path with no. 2 rock to allow people to access the lake. He spoke
with Furtak and Furtak said that this was ok and to go ahead and make the path.
Furtak called Peterson and stated that Lobermeier wanted to work on his path.
Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
Lobermeier came to the property and said there was a grant available to work on
the path. Carol Lebreck was part of the project and Peterson said that if she was
a part of the project he didn’t want anything to do with it. Lobermeier said he was
going to do it anyway. Lobermeier threatened Peterson with a lawsuit that if he
didn’t go along with Lobermeier, Lobermeier would sue Peterson for the $25,000
it would take to do what he wanted on Peterson’s property. Peterson then called
Karl and Karl stated that if he were to lose in court he would be responsible for
paying the money and would have to do what Lobermeier wanted to do on the
path. This path was there when he purchased the place in 1995. This man came
to the property in July and said he wanted to get going on the project. Fred
Johnson said he could fix the path better than Lobermeier. Lobermeier came to
the property and started working without Peterson’s permission. Tore out all the
electrical along the path, he completely destroyed Peterson’s property. He
removed the shed that was used for customers to store life jackets, Privy, and
screen porch, ruined his beach. When he was tearing down the screen porch
Peterson’s wife went over to stop him and he told her to F off and shoved her.
Peterson talked to Paul and if he called right away he would have been hauled to
jail. Lobermeier also ruined Iron River and the County had to get the grant back.
The reason why Peterson dropped the lawsuit is because the County’s attorney
quit returning his attorneys call. Peterson went on to say that he had a beautiful
beach and is now destroyed. Everyone else along the lake can have boathouses
and things. Lobermeier was pulling out railroad ties from the path and putting
them all over the driveways cabins. He brought in yards of dirty dirt. This was
happening during the busy seasons. He called up John at Northland Equipment
and asked to use a bobcat. Peterson asked one of the workers working on the
path what they charge an hour, he answered $75/hour, so Peterson decided to
charge $75/hour to keep his property open. Lobermeier was on the beach talking
to the cabin owners showing off what he had done. The cabin owners told
Lobermeier that they had to trespass on their property to do this. When they left
they had to climb the hill on hand and knees because the staircase that was there
was only half built. Peterson also had to help a cabin owner over a hole about 5
feet wide that Lobermeier had left. Furtak told him to build a staircase to allow
customers to access the lake. Peterson called up Bob Rasmussen and he
dropped off the materials the next day to build the staircase. It is 100 steps, what
person would want to go up and down that. It shut down his business. Peterson
thought Bayfield County was about supporting businesses. There are 7 town
supervisors that voted yes to this request; the Town Chair wanted this committee
to know that. Heather the engineer is here if the Committee wanted to hear from
her. The County was going to fix the path not destroy it. They tore out all the
buildings abused his wife. What is wrong with this picture?
Jardine motioned to suspend rules and allow anyone to speak in favor or
opposition limited to 3 minutes. Strand seconded. No further discussion.
Motion carried. (Favor – Jardine, Strand, and Rondeau. Opposed – Pocernich).
Heather Herrington, civil engineer with Wisconsin Base Engineers in Hayward.
Herrington explained she was hired by Larry and Cheryl to design a foot path in
response to the county for an engineered report and drawings a design that is
environmentally sound, would not impact the lake and would not cause the bank
to erode or slump. Designed a foot path with a 1:1 slope the back slope of the
path ties in with the existing ground. Proposed to excavate the original pathway,
build the path 4 feet wide, a turf reinforcement mat that is a product approved for
Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
slopes 1:1. Place the mat, add top soil and seed and mulch, add another type B
erosion mat on top of this to provide stabilization of the path until the vegetation
establishes. Only enough opened up that that mat will be down at the end of the
day. There is a contour map on file. No work within 35 feet of the lake.
Rondeau closed public comment.
Jardine asked about the slope, he was told to look at page 13. Schierman
stated the proposed path is going to be in a location that is in a restored natural
state. Town File: Schierman stated the town did approve this request (read into
minutes see attachment B- Schierman submitted all documents to the record).
There are letters of support from Driscoll, Swanson, and an anonymous party.
There is a letter of opposition from LeBreck. There is a copy of a check from the
County for completion of the project. There is a letter in the file from Mike Furtak
which lays out the situation. There is a factual summary from the DNR.
Schierman also referenced the 17 decision making considerations (see
attachment C). Coleman asked if there is anything on file about what would
happen to the grant funds as an outcome of the decision of this application. Also
did the committee members receive all correspondence? Reply from committee
was yes. Schierman stated on 9/7/2010 there is a letter from the DNR (entered
that into record see attachment D). Rondeau asked the committee if they feel
that the application contains information necessary to make a decision. Reply
was yes. Schierman then read County Ordinance 13-1-41A. Rondeau asked
what the findings of fact are. Pocernich stated that he feels they are not going to
disturb any trees or shrubs it will be in an area that is already cleared.
Schierman corrected and stated that the path is proposed in an area that has
been restored with grass, shrubs, and trees. Strand stated that is one of the
findings of facts, that there is vegetation in the proposed construction of the path.
This vegetation would be disturbed or destroyed. This would also be a violation of
the restrictive covenant. Rondeau added that the committee is bound by
ordinance. Pocernich added that the plan commission and town comp plan does
not allow this type. There are also disabled people that live on the property.
Strand added that it would violate county ordinance standard section 13-1-23.
The applicant previously engaged in a mitigation plan and was given cost share
money for that project; there are protective covenant on the property that would
not allow this. Schierman read the 17 decision making factors (attachment C).
Schierman also noted that there is no way around this and he has offered the
Petersons to look into a tram system. Rondeau said that if this does not pass this
committee they can go to the BOA.
Strand motioned to deny based on the findings and facts that have been
discussed and listed here, especially that it would violate the County Zoning
standard section 13-1-23, that the applicant engaged in a mitigation project and
was paid cost share money as part of the project, it would violate the shoreland
conservation covenant that is on his property and that it is inconsistent with both
the town of Barnes and the Bayfield County comprehensive plans. Jardine
seconded. Pocernich confirmed that this is a motion to deny the Class B and by
approving it we would overrule Rob’s decision and by denying we agree with
Rob’s decision. Strand added by denying it we would be consistent with the
County Zoning standard. Rondeau added, also in compliance with the Town of
Barnes comp land use plan. Discussion ended. Motion Carried.
Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 15, 2015
F. Discussion and possible action regarding sanitary fees.
Jeff Rasmussen explained that his business has a lifetime warranty on their
products. One of their customers had a tank crack and it needs to be replaced.
He was in contact with the County and Rob would require him get a replacement
sanitary permit for $400. The state did not ask for a fee to review the permit.
Rasmussen suggests that the county maybe waive fees or have a limit to when
they can do warranty work without a fee or a minimal fee. Schierman read to the
committee state stat SPS383.21(1) and Statutes 145.19. Rondeau does not
agree with charging him the fee to replace a faulty tank. Pocernich agrees with
Rondeau and with Schierman that the department needs to follow state stats but
if Rasmussen repairs the tank there is nothing in the ordinance that we have to
charge a fee. Schierman stated that is correct. Rasmussen stated that he will
repair the tank then and not submit a sanitary permit. Schierman again stated
that state stat clearly reads that if the tank is replaced there needs to be a
sanitary permit on file.
G. Discussion and possible action regarding update on shoreland zoning
regulations.
No discussion
H. Discussion and possible action regarding on-line permitting.
Rob presented.
I. Committee member’s discussion regarding matters of the planning and
zoning department.
Pocernich asked about UDC. Schierman stated with Act 55 he has not had a
chance to look into contracts.
12. Monthly Report / Budget and Revenue.
Schierman stated the department has taken in $214,687.56 in fees. Land use permits
are down by 7 and sanitary permits are up by 36.
Jardine motioned to approve and place on file. Pocernich seconded. No further
discussion. Motion carried.
13. Adjournment
Rondeau called adjournment at 6:45 pm.
Prepared by KMH on 10/16/2015; given to RDS 10/16/2015
Approved by RDS on 10/20/2015
Sent to ZC on 10/20/2015 Final Approval on 11/19/2015
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2015/#10 October