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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 11/17/2016 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING NOVEMBER 17, 2016 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Pocernich, Rondeau, Silbert and Strand – all present. Bussey – Absent. 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 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the October 20, 2016 meeting. Silbert 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. Franklin & Lee Swan (Washburn) – multiple principal structures on a parcel (consisting of existing residence and a new residence) [a 15–acre parcel (Tax ID# 31195) described as W ½ of the NW SW, less S 330’ in V. 1156 P. 959, in Section 34, Township 49 North, Range 5 West, Town of Washburn, Bayfield County, WI] Swan spoke in support asking the committee to grant their request. There is a mobile home on the property that is old and may not be able to be habitable this winter. Swan is in the process of building a two story garage which they would like to have a bunkhouse upstairs. They would like cooking facilities up there so when they decide to raise the existing mobile home they have a place to live. In the future it would be a place they could live when they come up to visit their daughter and son-in-law. There is a new 3 bedroom mound system that was installed this fall. Strand asked if the permanent residence that is there, just the one trailer that Mr. Swan referred to? Croonborg-Murphy replied yes. They will raise that at some point and build a new house at that time the living area above the garage will become a place we can stay when we come visit. Discussion ended. Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 B. James & Jane Bucy (Clover) – develop existing home-based business into a full-time business (sewing & stitch work) [a 52–acre parcel (Tax ID# 35368), described as that part of Gov’t Lot 3 in V. 1093 P. 685, in Section 7, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI] Bucy spoke in support explaining 9 ½ years ago they applied for a permit to operate a sewing business from their property. At the time there was no opposition and to this day to her knowledge there has been no complaint. Now there is a company that would like to purchase the business and expand. There would be no increased impact. It would boost economy. It would boost the business at the Herbster post office. Silbert asked how many employees would be added. Bucy stated she didn’t know for sure but she thought along the lines of 7. Strand asked if the business need to expand, could they add more buildings. Bucy stated there is 52 acres here and there is plenty of room. Strand stated he is not opposed to this but has a concern that it may become an industrial business. Discussion ended. C. Ryan & Patti Larson (Kelly) – racetrack (consisting of existing dirt bike track) [Parcel #1 is a 6.71-acre parcel (Tax ID# 36284), described as 2 parcels in NE NE & NW NE in V. 1070 P. 91-92; and/or Parcel #2 being a 20-acre parcel (Tax ID# 20921), described as part of the NE NE in V. 1087 P. 844-845, both in Section 5, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Anderson spoke in opposition stating that she has the neighboring property and built her house in 2008 the track was built next door about 5 years later. She recently met some neighbors on Colby road that have an autistic child. She was told that child would never be able to handle the noise and could not live near that track. Anderson had a recording of the noise from the track that she played for the committee. Silbert asked if they are presently using the track. Anderson stated no, there was a cease and desist order issued. They last time the track was used was about 2 months ago. Dennis Sechen spoke in opposition, he also is a neighboring property owner and at times the noise is so unbearable that he and his wife need to leave their house. They cannot be outside when the bikes are running. These are not everyday street legal bikes they are high pitched and loud. Anderson has a signed petition and a log of the times the track is in use. Shirley Kinney spoke in opposition, concerned about the noise. Kinney suggested that the County provide a public place like this for people to ride. Carol Miller spoke in opposition stating she wouldn’t want to live next to the track either because of the noise. Everyone should be able to enjoy their property. Anne Wickman spoke in opposition. She lives on the corridor in the town of Eileen and she is used to four wheelers but can definitely tell when a dirt bike goes by. They are high pitched and noisy. Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 Kim Anderson spoke again saying these bikes are like nothing they have ever heard before. Dennis Seechen spoke again stating Bayfield County has a mission statement that states they promote general health and welfare, this track does not promote that. Carrie Linder did not speak in support or opposition but offered some concerns. She suggested a noise barrier. There was no consideration for neighbors when the track was built. There is a difference between a father and son out having fun on their bikes versus many people coming to use the track, ones property rights infringe upon others. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Silber seconded. Motion carried. Adjourned at 4:31 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:31pm. 10. Roll Call: Pocernich, Rondeau, Silbert, and Strand –all present. Bussey – Absent. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hagstrom - Secretary. 11. Previous Business: (Oct) A. Jamie & Abigail Klema (Barksdale) – rezone two parcels from R-1 to Ag-1 (tabled 10/20/2016) [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 motioned to suspend the rules and allow for public comment. Strand seconded. No further discussion. Motion carried. Abigail Klema asked the Committee to approve the rezone so she could continue the use of her farm. Pocernich asked if she was at the Town meeting, she stated yes she was at both meeting and it was approved to move forward to this Committee. Klema explained she has 20 alpacas, a few chickens and ducks, would like to have up to 30 alpacas, and maybe a pig or two as well. Silbert asked if she has a nutrient management plan or a manure management plan. Klema replied she is working on a nutrient management plan for grazing and would accept ideas for a manure management plan from Bayfield County Land Conservation. She has a compost pile now that is not in any wetland or waterway. Silbert mentioned he is concerned about the drainage to the lake. Schierman stated there is Town Board approval and they did adopt an amended Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 land use map change. Schierman mentioned that the adjacent parcels are also zoned Ag. Pocernich motioned to approve based on Town Board Approval, and that it meets the Comprehensive Plan. Strand seconded. No further discussion. Motion carried. 12. New Business: A. Franklin & Lee Swan (Washburn) – multiple principal structures on a parcel (consisting of existing residence and a new residence) [a 15–acre parcel (Tax ID# 31195) described as W ½ of the NW SW, less S 330’ in V. 1156 P. 959, in Section 34, Township 49 North, Range 5 West, Town of Washburn, Bayfield County, WI] Croonborg-Murphy stated she could approve this administratively but the applicant wanted more than 500 sq. ft. and kitchen facilities. File Report: Schierman stated there is Town Board approval with a condition, that the accessory structure not be used as a second residence on the property. Croonborg-Murphy explained there is no way to regulate who is living in the building. The reason it is listed as a second residence is that the parcel cannot be subdivided. If it could she would be administratively permitting a second residence. Strand expressed concern about them renting this out. Croonborg- Murphy stated a short-term rental would have to be approved but month to month rental would not. They have the right to rent out the property. Silbert asked if these buildings could be sold separately and Croonborg-Murphy stated no. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, safe and healthful conditions, community or general welfare, prevention of overcrowding natural resources, and prevention and control of water pollution. Silbert seconded. No further discussion. Motion carried. B. James & Jane Bucy (Clover) – develop existing home-based business into a full-time business (sewing & stitch work) [a 52–acre parcel (Tax ID# 35368), described as that part of Gov’t Lot 3 in V. 1093 P. 685, in Section 7, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI] File Report: Schierman stated there is one letter of support from the Hanson’s. There is Town Board approval and it does meet the comprehensive plan. Silbert motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, relevant input, community and general welfare and economic impact. Pocernich seconded. No further discussion. Motion carried. C. Ryan & Patti Larson (Kelly) – racetrack (consisting of existing dirt bike track) [Parcel #1 is a 6.71-acre parcel (Tax ID# 36284), described as 2 parcels in NE NE & NW NE in V. 1070 P. 91-92; and/or Parcel #2 being a 20-acre parcel (Tax ID# 20921), described as part of the NE NE in V. 1087 P. 844-845, both in Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 Section 5, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Rowley stated he received a few phone calls today from people, these people are not adjacent land owners but they were concerned about noise, asked if conditions could be placed like alternating weekends or limit the hours of operation and/or number of bikes on the track at one time. Schierman stated there are letters in the file from, Wickman, Mertig, Miller, Wysepka, Seechen, Anderson, Dan Anderson, Aronson, Gary Seechen, adjacent owners Baylen, Dymesich, Syminski, and Stipetich all expressing concern about the noise from the track. There is one letter of support from the Riecks. There is no Town Board approval, the Town tabled the item. Plan Commission did approve. Also in the file there is a petition with 88 signatures and a log book of dates and times the track was in use. Pocernich asked if anyone was concerned about storm water management. Croonborg-Murphy answered Pocernich, when this was her area she had contacted the DNR and at that time the track was not the size that it is today and it was determined a management plan was not needed. Silbert asked why the applicant is not here to speak. Schierman stated he did not know. Rondeau motioned to deny based on relevant public input, consideration of the department file report and site inspections, that there is no safe and healthful conditions, and the potential impact on prospered use on other lands and land use in the vicinity. Strand seconded. Pocernich noted that they are not trying to limit the applicant’s ability to use their land but it’s affecting many people. The adjacent owner’s tried to work with the applicant. Strand noted that if these were different types of bikes he may have a different opinion. Silbert noted that there would have to be severe conditions placed in order to approve this application. No further discussion. Motion carried. Agenda Review and Alteration D. Bayfield County Forestry / Jason Bodine (Bayview) – trailhead (mountain bike, cross country ski and parking) [a 80-acre parcel (Tax ID #6673), described as W ½ of the NE ¼ Section 32, Township 50 North, Range 4 West, Town of Bayview, Bayfield County, WI] Croonborg-Murphy explained there is already a cleared area that was a staging area for logging trucks. There will be a parking area and a kiosk for people to pay. Schierman stated there is Town Board approval and it was checked with the Town Comp Plan. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and community and general welfare. Silbert seconded. No further discussion. Motion carried. E. Bayfield Regional Conservancy Inc (Russell) – trailhead (non-motorized use and parking) [a 40-acre parcel (Tax ID #29459), described as SW ¼ of the NE ¼ Section 33, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Croonborg-Murphy stated wetland delineation was done on the property. Schierman stated there is one letter expressing concerns about the parking area Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – November 17, 2016 suggesting that there be an alternate design. There is Town Board approval and compatible with comp plan. The Town stated that if there is overflow parking along the road they will adopt an ordinance prohibiting parking along the road and post no parking signs. Plan commission had concerns about road maintenance and the shoulder of the road breaking down. The Town Board stated this could easily be address by prohibiting parking in the immediate area. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, meets safe and healthful conditions, and community and general welfare. Silbert seconded. No further discussion. Motion carried. F. Discussion and Possible Action regarding expansion of structure for the purpose of carrying on a non-conforming use (residence in commercial zone – Wilcox) Schierman that Wilcox asked to be put on the agenda and he sent an email stating he will not be attending the meeting. G. Committee members discussion regarding matter of the planning and zoning department No comment. 13. Monthly Report Schierman stated the department is $8823 above budget than last year. Land use permits are down by 33 and sanitary is the same as last year at this time. Pocernich motioned to receive and place on file, Silbert seconded. No further discussion. Motion carried. 14. Adjournment Rondeau called adjournment at 5:30 pm. Prepared by KMH on 11/18/2016; given to RDS 11/18/2016 Approved by RDS on 11/22/2016 Sent to ZC on 11/22/2016 Final Approval on 12/15/2016 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2016/#11 November