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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 9/15/2016 Page 1 of 3 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2016 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING SEPTEMBER 15, 2016 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Pocernich - By Phone, Rondeau, Silbert and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. 3. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the August 18, 2016 meeting. Strand motioned to approve, Silbert seconded. No further discussion. Motion carried. 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 on the agenda. [3 minutes per citizen] 6. Previous Business: A. 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] Ron Swanson spoke in support stating he would like to have an auto repair shop on his property. There will be two stalls and one employee. Schierman explained one property owner was missed being notified and would like to the opportunity to express concerns. Spoke with Linda and she stated that if the committee chooses to take action on this that you postpone it until next month. Silbert stated the Town’s conditions, hours of operation being from 6 am to 10 pm and no Sundays, those are reasonable. There are no close neighbors and a ravine and trees on both sides of the property. Bussey motioned to suspend the rules and allow public to speak. Strand seconded. No further discussion. Motion carried. Glen Cook spoke in opposition. He has nothing personal against his neighbor but would like to know why this is necessary in the country, his wife and he moved to the country for peace and quiet. They are concerned about the noise, lighting, traffic, and oils and solvent spills. Silbert asked how far away they are from the property. The reply was 200 feet. Strand asked how they were missed in the mailing. Schierman answered that the applicant did not have them on the list of adjoining neighbors, most of the time the department double checks the Page 2 of 3 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2016 lists but the tools that are used to buffer neighbors has not worked for some time. File Report: Schierman stated there are no additional letters or Town input. Pocernich added that the Town Plan Commission and the Town both had meetings and were properly posted. The Committee members all agree that they will uphold the decision as the Town has also approved. Discussion ended. 7. New Business: B. W James & Muriel Erickson (Bayfield) – Storage (campers, boats, ministorage, etc.) (use existing building) [a 40-acre parcel (Tax ID #4521), described as SE ¼ of the NW ¼ Less E 30’ of N 660’ in V.1063 P.355, Section 11, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Croonborg-Murphy explained the applicants own Erickson Orchards and this building is mainly used for agricultural storage but to be able to help pay off the building they would like to offer boat and camper storage. This is not a long term plan. File Report: Schierman stated no letters of support or opposition. The Town stated it is consistent with their land use map and check with comprehensive plan. Bussey motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and economic and general welfare. Silbert seconded. No further discussion. Motion carried. 8. Other Business: C. Discussion and possible action regarding existing motor-cross track Schierman stated there is an issue in the central part of the County. A property owner has a dirt track on their property with an increasing rate of use and noise. This is crossing the property rights threshold where when does it become a property right to ride atv’s and bikes on your own land or when it becomes a case where it needs to be permitted. Rowley stated if this was the owner and his kids that would be one thing but a race track is totally different. Bussey motioned to suspend the rules and allow public comment. Strand seconded. No further discussion. Motion carried. Dennis Sechen spoke in opposition stating him and his wife purchased their property in 2007. Their neighbors, the Larson’s, purchased theirs in 2011 and created a race track in 2013. Sechen and his wife moved to the country for peace. There is no peace when there is too much noise to even sit outside. Sometimes they even have to leave their house for hours at a time. When they tried talking to their neighbors, the neighbors stated they are not going to stop and they will run their bikes from sun up to sun down from April to October. Sometimes there are 5-7 bikes out there at a time. Bussey asked if they charge to have people when they come and use the track. Sechen stated that the Larson’s would not answer that question. He stated that he has detailed logs and recordings of the noise. He passed out a Google Earth image of the race track that is located 25 feet from their bedroom window. Schierman stated the Page 3 of 3 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2016 department is within their rights to require a conditional use permit. Pocernich knows the property and it is used very often there should be conditions of hours of operation at least. Bussey motioned to direct the department to consider this as a conditional use but Rob contacts our Corp Counsel Linda Coleman and if she has any concerns about that determination that it be brought back to us at the next meeting if she is in agreement with the determination that you do so. Pocernich seconded. Strand asked if there will be a cease and desist order that goes with this. Rowley believes that should be part of the letter. Pocernich and Bussey ok that as part of the motion. No further discussion. Motion carried. D. Discussion and possible action regarding NR 135 Schierman explained the County audit was successful. There are some concerns about the reclamation plans that are on file. Schierman asked Rowley to do some research. Rowley explained he took one pit from the county and did some research. If the County were to get this pit back, unclaimed, for 20 acres that this pit has open it would take the $550,000 to reclaim this pit. Bussey stated that the County in fact does not have to foreclose on these pits. Rowley asked what if the owner dies. Bussey stated then it would go to their power of attorney or whoever will be in charge of the affairs. Rowley and Schierman went on to explain that the County needs to adjust their fees to get the pit operators the incentive to reclaim as they go. Amend chapter 16 and fee schedule for 2018. The fees will be collected in 2018 for 2017. Would like to make pit operators aware and be able to work with them E. Committee members’ discussion regarding matters of the Planning and Zoning Department. Spoke in regards to the proposed Zoning drone. It would be $25,000 per year which includes all the updates and insurance. Spoke in regards to the deer farm appeal. They have until the 24th to get the brief to the department, and then the department will file their brief. Spoke in regards to the UDC project. Rob has not had time to go through and will have an update to the Committee by next meeting. 9. Monthly Report No report 10. Adjournment Rondeau called adjournment at 5:18 pm. Prepared by KMH on 9/16/2016; given to RDS 9/16/2016 Approved by RDS on 9/20/2016 Sent to ZC on 9/20/2016 Final Approval on 10/20/2016 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2016/#9 September