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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/16/2016 Page 1 of 5 ZC Planning and Zoning Public Hearing and Meeting – June 16, 2016 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JUNE 16, 2016 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Silbert, Pocernich, Rondeau, and Strand – all present. Others present were: Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. Schierman – Absent. 3. Affidavit of Publication: Croonborg-Murphy 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 – for issues not already on the agenda. 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the May 19, 2016 meeting. Strand motioned to approve, Pocernich seconded. No further discussion. Motion carried. 7. Public Hearing: A. Curtis & Linda Basina (Russell) – (after the fact) micro-distillery [a 2.6-acre parcel (Tax ID #34743), described as Lot 1 of CSM #1560 in V.1136 P.728, Section 31, Township 51 North, Range 3 West, Town of Russell, Bayfield County, WI] Curtis Basina, applicant, spoke in support explaining that over a year ago he started the process to open a micro distillery. There is some misunderstanding of who has jurisdiction of this area, the Tribe or Bayfield County Zoning. Bayfield is a place that heavily promotes tourism, with the orchards and two wineries in the area, and multiple restaurants; it would be nice to draw people a little farther to the Town of Russell and Red Cliff. This micro distillery would be the first in Indian Country in the nation. The building is erected, but at the time being it is just a shell. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Bussey seconded. Motion carried. Adjourned at 4:09 pm. Page 2 of 5 ZC Planning and Zoning Public Hearing and Meeting – June 16, 2016 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:09 pm. 10. Roll Call: Bussey, Silbert, Pocernich, Rondeau and Strand –all present. Others present were: Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hagstrom - Secretary. Schierman – Absent. 11. Previous Business: (May F) Gerald Olson, Nancy Olson, & Lamont Flessner, Owners & Michael Furtak, Agent (Grand View) – ’78 mobile home in a commercial zone (postponed May 19, 2016) [a 6.05-acre parcel (Tax ID #16741), described as a parcel in the NE ¼ of the NE ¼ Section 27, Township 44 North, Range 6 West, Town of Grand View, Bayfield County, WI] Pocernich motioned to suspend rules and allow for public comment. Silbert seconded. No further discussion. Motion carried. Mike Furtak, agent for Gerald Olson, spoke in support, explained that Mr. Olson would like to move his mobile home where the Triangle Bar used to be. There is a mound on site, well, and the site is already prepped. About 7-8 years ago the mobile home was placed there without permits, the County was able to have Mr. Olson remove the mobile home, and now the property is in compliance. It is commercially zoned. Mr. Olson has a furniture business that he would like to eventually sell some of his furniture from his home. The town did approve this with conditions which Mr. Olson has agreed to. Croonborg-Murphy stated the town did approve the minutes with the following conditions; “1. The existing mound system and well will be inspected and approved prior to the placement of the mobile home. 2. A privacy fence be constructed on the County Highway D and Triangle Road sides to reduce the view from those roads until such time that natural screening is sufficient. 3. The stump pile be moved or burned during the winter of 2016-2017”. Furtak went on to explain that within 5 years Mr. Olson would like to add an addition on to the mobile home that would then become his home and the mobile home would then be removed. He already has planted the start of an orchard. Pocernich asked if the Committee was approving the addition at this time and the answer from Croonborg-Murphy was no just the placement, the applicant would have to come to the department to apply for a land use for the addition. Rowley added that there should be another condition placed that there is a survey of the property prior to placement. The location of the mobile home is within 10 feet of the property line. Olson asked why a survey needs to be done, isn’t that a waste of money; he knows where his property lines are. Rowley explained that the survey was needed to define property lines so the setbacks will be maintained. There is also an increase ROW setback that needs to be defined. Silbert asked if the 5 year deadline is sufficient or will the applicant need longer. Furtak stated that the plan is to build within 5 years but everyone knows that money can be an issue. Croonborg-Murphy stated there will be a 3 year grace period. That as long as the use stays the same and does not lapse in 36 months then they would still be able to have a residence in a commercial zone. Page 3 of 5 ZC Planning and Zoning Public Hearing and Meeting – June 16, 2016 Bussey motioned to approve with the conditions that the Town Board has placed, that the property be surveyed prior to placement, and the mobile home be removed within 5 years, based on Town Board Approval, that it meets the Comprehensive Plan, general & economic welfare, and relevant public input. Strand seconded. No further discussion. Motion carried. 12. New Business A. Curtis & Linda Basina (Russel) – (after the fact) micro-distillery [a 2.6-acre parcel (Tax ID #34743), described as Lot 1 of CSM #1560 in V.1136 P.728, Section 31, Township 51 North, Range 3 West, Town of Russell, Bayfield County, WI] Strand asked for clarification of the roles of the department and the tribe. Croonborg-Murphy explained that she attended a meeting with the tribe this morning. About a year ago Mr. Basina came into the office asking about micro distilleries, at the time there was no use in the classification list. Rob then did a text change which the committee approved last summer. There was no communication with Mr. Basina after he was informed of the text change. Upon inspection this spring the building was found. With the Directors approval a violation letter was written to Mr. Basina. At the time, there was an email sent to the tribal zoning administrator asking for permits and who had jurisdiction. The reply was that the tribe had sole jurisdiction. At that time Croonborg-Murphy informed the tribal zoning administrator that she would be forwarding this to the Director. There was a few letters exchanged between the corp counsel and the tribe. Silbert stated that he was also at the meeting this morning and made note that the applicant is trying to do the right thing, he applied for permits and is stuck in the middle of the situation. Both parties claim jurisdiction. This is something that is going to be worked out between the parties. He is in favor to let the applicant proceed and return the ATF fees. Strand asked if approving or disapproving this would help or hinder? Croonborg-Murphy stated that if approved it would not hinder just be aware that conditions should not be applied as there are conditions from the tribe. Silbert agrees. Pocernich motioned to approve with no conditions and that the ATF fee be returned, based on that it meets economic and general welfare and there was relevant public input. Silbert seconded. No further discussion. Motion carried. B. James Halvorson (Iron River) – home-based business (auto repair) [a .373- acre parcel (Tax ID #20707), described as Staples Addition Lots 20-24 Block 8 in V.892 P.96, Section 7, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Croonborg-Murphy stated there is not town board approval but they did email that they approved and it will be in the mail. There are some conditions. They are as follows: “1. Maximum of one car parked off of the existing concrete driveway. 2. No storage of tires or parts North of the buildings. 3. Hours of operation limited to 8 am to 6 pm. 4. Follow town’s noise ordinance. 5. Max 12” x 24” sign, non- illuminated, that is attached to the building, not free standing”. Bussey motioned to approve with conditions that Jen stated, based on Town Board Approval, that it meets the Comprehensive Plan, and community Page 4 of 5 ZC Planning and Zoning Public Hearing and Meeting – June 16, 2016 and general welfare and economic impacts. Strand seconded. No further discussion. Motion carried. C. Ron & Shellie Swanson (Barksdale) – home-based business (auto repair and sales) [a 2.38-acre parcel (Tax ID #40), described as Par in Govt Lot 3 in V.1015 P.300 and 14’ strip of land Desc in V.1132 P.894, Section 7, Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI] Croonborg-Murphy stated there is town board approval, they recommend “hours of operation no earlier than 6 am and no later than 10 pm, closed Sundays, no more than 6 vehicles for sale at one time on site”. It was reviewed and approved by the comp plan. Pocernich stated there was one letter of opposition in the file. Silbert noted that there is only one house in site, ravines on both sides, and there is already noise from the traffic on the highway. Strand motioned to approve with conditions from the town, based on Town Board Approval, that it meets the Comprehensive Plan, community and general welfare and economic impacts. Bussey seconded. No further discussion. Motion carried. D. CTD LLC & Brian Custer, agent (Eileen) – building contractor (4 buildings) [a 14.98-acre parcel (Tax ID #35277), described as W ½ of the NE ¼ of the SW ¼ in V.1158 P.268 Less par in V.987 P.834, and a 20-acre parcel (TAX ID #15549) described as E ½ of the NW ¼ of the SW ¼ in V.1158 P.268 all in Section 10, Township 47 North, Range 5 West, Town of Eileen, Bayfield County, WI] Rowley stated that there may be a change to the comp plan coming and they may be rezoning this parcel. There is a delineation done. Croonborg-Murphy stated there is town board approval but the form is not filled out, does not have what they are asking for, what did they approve? No letters on file and no conditions. Silbert asked if this request is for multiple buildings, Rowley stated yes up to four buildings. Pocernich motioned to suspend rules and allow for public comment. Bussey seconded. No further discussion. Motion carried. Bryan Custer explained there are 4 buildings to start with but asked that they do not limit them to 4 as they do not know how many they will need in the future. The company is growing. Also would not want to be limiting the access to the property only from Hwy 137. The company has employees that are solely safety professionals. They are the ones that can make the calls on how to access the property with what type of vehicle. Darren Zifko also stated that he hauls hay from adjoining properties and Hwy 137 may be too narrow of a road for some vehicles. Depending on the time of day one could wait for 15 minutes before they can turn onto Hwy 2. The committee should not limit the access to his property. Silbert asked if they want more buildings in the future do they come back to the committee? Reply was no, to the department, it would be a land use applications. Bussey motioned to approve up to four (4) units and come back to the committee for additional, based on Town Board Approval, that it meets the Page 5 of 5 ZC Planning and Zoning Public Hearing and Meeting – June 16, 2016 Comprehensive Plan, community or general welfare and economic impact, and relevant public input. Strand seconded. No further discussion. Motion carried. E. Committee members’ discussion regarding matter of the P & Z department. No comment. 13. Motion to move into closed session F. Majority Vote Silbert motioned to move into closed session. Strand seconded. No further discussion. Motion carried. Moved into closed session at 5:08 pm. G. Chairman Rondeau announces the nature of the business. 14. Motion to move out of closed session. Bussey motioned to move out of closed session. Strand seconded. No further discussion. Motion carried. Moved out of closed session at 5:45 pm. 15. Monthly Report Bussey motioned to receive and place on file. Strand seconded. No further discussion. Motion carried. 16. Adjournment Rondeau called adjournment at 5:47 pm. Prepared by KMH on 6/17/2016; given to JCM 6/17/2016 Approved by JCM on 6/27/2016 Sent to ZC on 6/27/2016 Final Approval on 7/21/2016 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2016/# 6 June