HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 10/20/2016
Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
OCTOBER 20, 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, Rondeau, Silbert and Strand – all present.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh
Rowley-AZA, and Krystal Hudachek - Secretary.
3. Affidavit of Publication: Schierman showed the audience the affidavit of publication
and the certified mailing receipts.
4. Public Comment – No comment.
5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the September
15, 2016 meeting.
Bussey motioned to approve, Strand seconded. No further discussion. Motion
carried.
6. 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.
7. Public Hearing:
A. Jamie & Abigail Klema (Barksdale) – rezone two parcels from R-1 to Ag-1
[parcel #1 is a 23.0-acre parcel (Tax ID# 45), described as part of Gov’t Lot 4 W
of RR in V. 1126 P. 263; and Parcel #2 is a 29.81-acre parcel (Tax ID# 47),
described as a parcel in the SW ¼ of the SW 1/4, V. 1126 P. 263, Section 7,
Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI]
No one spoke in support or opposition.
Discussion ended.
B. Jeffrey, Bonnie, Beta, Thomas & William Bodin (Bayview) – multiple unit
development consisting of 5 structures (requesting to maintain, update &
replace structures on existing resort) [a 9.38–acre parcel (Tax ID# 35545)
described as all of Gov’t Lot 1 lying E of Public Rd including adjacent abandoned
RR right-of-way, less N 230’ & less S 150’ & less Lot 1 CSM#1538 in V. 1132
P.25, in Section 21, Township 49 North, Range 4 West, Town of Bayview,
Bayfield County, WI]
William Bodin spoke in support stating his family has owned and operated the
resort since the 1930’s and the buildings are in need of updates, and asked the
board to grant approval of the request.
Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
Discussion ended.
C. Charles & Shirley Huusko (Bell) – multiple principal structures on parcel
(existing home and new home) [a 0.80–acre parcel (Tax ID# 7836) in V. 655 P.
272, described as S 205’ of N 580’ of Gov’t Lot 1; less W 200’ in V. 655 P. 272 &
V. 656 P. 282; and less Lot 1 CSM #1011, in Section 32, Township 51 North,
Range 6 West, Town of Bell, Bayfield County, WI]
Shirley Huusko spoke in support asking the Committee to grant approval to
move a new mobile home on the property for her son to move in. Strand asked
what is going to happen with the building when the son no longer needs to live
there. Huusko stated it would stay in the family. Strand asked if the applicant
would be ok with conditions being placed that the building will not be used as a
rental to non-family members, her reply was absolutely.
Phillip Moye, neighbor of the Huusko’s, spoke in opposition. His concerns being
that the parcel is too small, this would set precedence for others, it does not
follow the comprehensive plan, and there will be increased traffic. What will
happen to the building when the son no longer wants to live there, he has already
moved once. Moye asks the Committee to listen to the Town’s recommendation.
Discussion ended.
D. A petition by Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting an
ordinance amending sections 13-1-107-1.6 code of ordinances, Bayfield county,
Wisconsin.
1.6 BUILDING PERMIT REQUIRED. If a person erects, rebuilds, structurally
alters or converts a building in excess of 150 square feet in any twelve
month period; or builds or installs a new building, within the scope of this
ordinance, they shall first obtain a building permit for such work from the
building inspector (excepting re-siding, re-roofing, finishing of interior
surfaces and installation of cabinetry shall be exempted from permit
requirements). Any structural changes or major changes to mechanical
systems that involve extensions shall require permits if over the forgoing
thresholds. Restoration or repair of an installation to its previous code-
compliant condition as determined by the building inspector is exempted
from permit requirements.
Schierman stated that section one in the ordinance is different than what the
State has written. The sentence “in excess of 150 sq. ft. in any 12 month period”
will be struck.
James Price spoke in support, explaining he has been in the UDC business
since 1999. Any alteration or change of use requires UDC. There should be no
size limitations. Nowhere in the States UDC is there a size limitation. Rondeau
asked what the States size requirements are. Price answered, zero, any change
of use requires UDC. Silbert asked if a playhouse for example would need UDC.
Price stated no, it is non-habitable. Only habitable structures need UDC. Silbert
referred to the Town of Russell’s letter asking about decks. Price stated that if
Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
repairing or replacing a deck it would have already been through UDC once there
for it would not require UDC again.
Discussion ended.
8. Adjournment of Public Hearing:
Pocernich made a motion to adjourn, Silbert seconded. Motion carried.
Adjourned at 4:25 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:25 pm.
10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh
Rowley-AZA, and Krystal Hagstrom - Secretary.
11. New Business:
A. Jamie & Abigail Klema (Barksdale) – rezone two parcels from R-1 to Ag-1
[parcel #1 is a 23.0-acre parcel (Tax ID# 45), described as part of Gov’t Lot 4 W
of RR in V. 1126 P. 263; and Parcel #2 is a 29.81-acre parcel (Tax ID# 47),
described as a parcel in the SW ¼ of the SW 1/4, V. 1126 P. 263, Section 7,
Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI]
Pocernich stated the Town did not receive this request in time to get it to the
plan commission. The applicant was at the meeting and was asked if it was
alright to delay this until the plan commission has their meeting. The applicant
was fine with that. This request is now on the plan commission agenda.
Pocernich motioned to postpone until next Zoning Committee meeting.
Bussey seconded. No further discussion. Motion carried.
B. Jeffrey, Bonnie, Beta, Thomas & William Bodin (Bayview) – multiple unit
development consisting of 5 structures (requesting to maintain, update &
replace structures on existing resort) [a 9.38–acre parcel (Tax ID# 35545)
described as all of Gov’t Lot 1 lying E of Public Rd including adjacent abandoned
RR right-of-way, less N 230’ & less S 150’ & less Lot 1 CSM#1538 in V. 1132
P.25, in Section 21, Township 49 North, Range 4 West, Town of Bayview,
Bayfield County, WI]
Schierman stated there are no letters of support or opposition. There is Town
Board approval and they have checked it with their town comprehensive plan.
Croonborg-Murphy added that this is a long established use consisting of 4
cabins and one full time residence. It is set back from the lake but it is a
preexisting non-conforming use which requires a CUP to repair and maintain the
existing buildings.
Bussey motioned to approve based on Town Board Approval, which it
meets the Comprehensive Plan, community and general welfare, and maintain
Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
safe and healthful conditions. Pocernich seconded. No further discussion.
Motion carried.
C. Charles & Shirley Huusko (Bell) – multiple principal structures on parcel
(existing home and new home) [a 0.80–acre parcel (Tax ID# 7836) in V. 655 P.
272, described as S 205’ of N 580’ of Gov’t Lot 1; less W 200’ in V. 655 P. 272 &
V. 656 P. 282; and less Lot 1 CSM #1011, in Section 32, Township 51 North,
Range 6 West, Town of Bell, Bayfield County, WI]
Schierman stated there are no letters of support or opposition. There is Town
Board denial stating this does not meet the comprehensive plan and it would be a
precedent setter. Croonborg-Murphy stated the property is zoned R-1 and
cannot be subdivided. The structures will be placed far enough apart. There is
some discrepancy about how much land is owned. The applicants have hired a
surveyor but the work has not been done yet. Once the survey comes in they
very well may not need a CUP.
Busey motioned to deny, based on consideration from the Town Board,
the prevention of the overcrowding of a natural resource and relevant public
input. Strand seconded. No further discussion. Motion carried.
D. A petition by Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting an
ordinance amending sections 13-1-107-1.6 code of ordinances, Bayfield County,
Wisconsin.
1.6 BUILDING PERMIT REQUIRED. If a person erects, rebuilds, structurally
alters or converts a building in excess of 150 square feet in any twelve
month period; or builds or installs a new building, within the scope of this
ordinance, they shall first obtain a building permit for such work from the
building inspector (excepting re-siding, re-roofing, finishing of interior
surfaces and installation of cabinetry shall be exempted from permit
requirements). Any structural changes or major changes to mechanical
systems that involve extensions shall require permits if over the forgoing
thresholds. Restoration or repair of an installation to its previous code-
compliant condition as determined by the building inspector is exempted
from permit requirements.
Bussey motioned to suspend the rules and allow for public comment.
Silbert seconded. No further discussion. Motion carried.
Schierman stated the model ordinance reads, “if a person alters a building in
excess of (insert amount) in any 12 month period, adds on to a building in excess
of (insert value or area) in any 12 month period or builds or installs a new building
in the scope of this ordinance they shall first obtain a building permit for such
work from the building inspector”. We added more language than we should
have. Shouldn’t have added the language of “erects, rebuilds and structurally”. If
this is not corrected we will not have an approvable ordinance for the state. This
is one hang up in the process. Strand would be interested in talking about just
adopting the state model wording. Bussey agrees.
Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
Price explained this is confusing; UDC does not enter into a height and width
restriction. It is simply a change of use. This has been in effect since June of
1980. Then in 2003 all new buildings have to be in compliance by 2005. The
code itself does not have this exemption in there. Regardless of the size, the
change of use automatically kicks in UDC. Price does not recommend any height
or area description to be placed in the ordinance. Any change of use would be
inspected; additions or alterations would be inspected. Decks and non-habitable
structures would not be inspected, would much rather spend time on habitable
structures than non-habitable structures.
After much discussion on what value, if any to insert in to the ordinance, Bussey
stated that there needs to be something in the ordinance to go by instead of just
striking the words that would leave us with nothing to enforce. This cannot be left
open ended.
Bussey motioned to strike those three words (erect, rebuilds, and
structurally) and leave “in excess of 150 sq. ft. in any 12 month period”.
Pocernich seconded. No further discussion. Motion carried.
Agenda Review & Alteration
E. Bayfield Regional Conservancy (Lincoln) – (ATF) trailhead [Parcel #1 is a 38-
acre parcel (Tax ID #22820), described as SW ¼ of the SW ¼ in V.1098 P.984,
Parcel #2 is a 38-acre parcel (Tax ID #22821), described as SE ¼ SW ¼ Less
Hwy in V.1098 P.984 all in Section 22, Township 44 North, Range 5 West, Town
of Lincoln, Bayfield County, WI]
Erica Lang, Conservation Director for the Bayfield Regional Conservancy, asked
that the Committee grants the proposal for the trail head and asked that the ATF
fees be waived. This is a 400 acres working forest that is open to the public. The
Conservancy is not for profit and could use the $250 elsewhere to do good
things.
Silbert motioned to approve and waive the ATF fee based on Town
Board Approval, that it meets the Comprehensive Plan, and community and
general welfare. Bussey seconded. Schierman stated the Committee should
consider not waiving the fees, this stems back to the trailhead in Bayview, there
is also another trailhead coming up in the future that has ATF fees. Pocernich
agrees negligence is not an excuse for not getting a permit. Rondeau agrees
with Pocernich. Bussey does not agree, this is a not for profit organization. They
could use the money elsewhere. No further discussion. Motion carried. 3/2
(Strand, Silbert, and Bussey – Approve. Pocernich & Rondeau – Deny).
F. John Biglow (Delta) – platted lot 1 & 2 of Kern Acres and Lot 1 of CSM #63
combined into 1 platted lot.
No discussion
G. Discussion and possible action regarding UDC
Discussion regarding what direction the department should take. 1. Contract with
an agency or 2. Have an in house UDC inspector. Price discussed things such
Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – October 20, 2016
as the cost (prices would go down if in house), all permits would be one stop
shopping instead of the department handing out his number and the applicant
having to get another permit. The Committee had concerns about the budget,
more upfront costs for the department, and more work load on the office staff.
Bussey motioned to negotiate a contract up to a year that could provide
for the option of the Zoning Department and Administration could come up with
language to put that in the contract. Pocernich seconded. No further
discussion. Motion carried.
H. Discussion and possible action regarding planning and zoning committee
meeting time
All Committee members agree that the meeting time will stay at 4 pm.
I. Committee members discussion regarding matters of the department
Strand asked about the motocross track that was discussed last month.
Schierman stated the office received a CUP and the Committee will hear it next
month.
Strand stated that the applicant for the deer farm has been erecting a fence
without a permit. Schierman stated the department does not require permits for a
fence, only in shoreland protections areas. Croonborg-Murphy stated the
applicant did ask about fencing and the Director replied in an email. Strand
requested a copy of the email that was sent to the applicant.
Pocernich stated he was told the Zoning Office was closed all day yesterday.
Schierman stated that it was not, Deb, Krystal, and he were in Duluth at a
meeting. Jen and Josh were in the office in the morning then on inspections in
the afternoon.
12. Monthly Report
Schierman explained that the department took in $209,435 in fees. Land use
permits are down by 32 and sanitary permits are up by 3.
Pocernich motioned to receive and place on file, Silbert seconded. No
further discussion. Motion carried.
13. Adjournment
Rondeau called adjournment at 6:25 pm.
Prepared by KMH on 10/21/2016; given to RDS 10/21/2016
Approved by RDS on 10/31/2016
Sent to ZC on 10/31/2016 Final Approval on 11/17/2016
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2016/#10 October