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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 1/19/2017 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JANUARY 19, 2017 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, 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 – 3 minutes per citizen 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the December 15, 2016 meeting. Pocernich motioned to approve. Silbert 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. Lauren Grevich (Namakagon) – restaurant and bar [a 7-acre parcel (Tax ID #24855), described as a parcel in the SE ¼ of the NE ¼ East of Co Trk D and North of Co Trk M in V.1165 P.243, Section 23, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Grevich spoke in support, explaining she would like to start a Restaurant and bar that will have a full kitchen and full service bar. She has already obtained a liquor license through the Town. This is the place that used to be “The Birches”, she would like to bring back that nostalgia and have a fancier restaurant and bar in the area. Discussion ended. B. 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 13-1-41(i), and 13-1-41A(e) code of ordinances, Bayfield county, Wisconsin. Section 1. Section 13-1-41(i) and 13-1-41A(e) [Planning and Zoning Committee] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 Handicap-Disability Permits of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted by the double underline feature (additions): 13-1-41(i) and 13-1-41A(e) Refilings; Reconsiderations and Rehearings (1) Refiling Rule. No Conditional Use Permit or Special Use Permit that has been previously acted upon by the Committee shall be considered upon a new application unless one or more of the following applies: a. Twelve (12) consecutive calendar months have expired from the date of the final decisions denying the earlier application. b. The application does not contain the original or a substantially similar request for specific use. c. Substantial change in the use of adjacent property has occurred since the previous application was heard. d. The previous application was closed without a hearing because the applicant was not present at the time such situation/circumstance was scheduled for a meeting and the applicant demonstrates to the satisfaction of the Committee that his or her absence was due to excusable neglect. e. There is a claim that there should be a rehearing based upon newly discovered evidence. A rehearing will only be granted on this basis when all of the following apply: 1. The evidence has come to the moving party’s notice after the initial hearing. 2. The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it. 3. The evidence is material and not cumulative. 4. The new evidence would probably change the result. (2) Reconsideration. There shall be no reconsideration of any Zoning Committee decision approving or denying a conditional use permit or a special use permit except that the Zoning Committee, by its own motion and by a simple majority vote taken at the hearing in which a decision to grant or deny a conditional use or special use permit is made, or at very next meeting of the Committee, shall be sufficient to reconsider a previous decision. If the Zoning Committee decides to reconsider the granting or denial of a special use or conditional use permit after the close of the Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 hearing at which the original grant or denial is voted upon, is approved, the case will be placed on the agenda for the next regular meeting/hearing and notice given as required for an original hearing. (3) Closure of Application. An application will be considered as heard and closed at such time as the Committee approves or rejects an application or appeal by motion. No subsequent request for reconsideration by the applicant shall be considered. (4 Filing fee(s) for a refiling will not be refunded in the event the Committee or Board decides to deny the application. Schierman explained the ordinance change will apply to Special Use and Conditional Use. There are some suggestions that were presented to the department earlier in the day. (Passed out document to the Committee, see attachment A) Craig Haukaas, resident of Bayfield County, wanted to support the concept of the ordinance change. The work the Committee does is important. Has the understanding that there may be some applicants that have ideas that may have risen to the level of harassment. This should be discouraged. There may be applicants that have good ideas and come for the Committee’s help but may not have thought of everything. Ask the Committee to consider, that if there is going to be a denial that the full Committee be present. Table instead. Instead of 12 consecutive months before reapplying should be reduced to 6 months. There is a very small window of opportunity. If there are hit with a denial twice then there should be 12 months of waiting time. In regards to reconsideration, how does the applicant get to the Committee to reconsider the decision? Encourages the Committee to delay this as it is not ready to be adopted in present form. Colleen Daly, Attorney in Bayfield, she has represented people who have applied to the Committee before and supports the changes. It takes energy and effort to bring people out to the meetings. It’s asking a lot for people to come out again and again. If the applicant keeps coming back they are wearing down the Committee and opposition. Dennis Seechen, supports the change. In his situation with the dirt track, it took a lot of effort to accumulate data. If it is denied, it should stand. He does not want to keep coming back year after year. Kim Anderson, is in support, it has been a long road dealing with the dirt track, she supports the change. Anne Wickman, resident of the Town of Eileen, supports the change. Wayne Nelson, resident of Bayfield County, is in opposition. The proposal will limit construction because of the short building window. There is a need for this change but it’s not ready to be approved in this form. There needs to be more consideration. This could block good development. Discussion ended. Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 8. Adjournment of Public Hearing: Bussey made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:20 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:20 pm. 10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present. Others present were: Director-Rob Schierman, Josh Rowley-AZA, and Krystal Hudachek - Secretary. 11. New Business: A. Lauren Grevich (Namakagon) – restaurant and bar [a 7-acre parcel (Tax ID #24855), described as a parcel in the SE ¼ of the NE ¼ East of Co Trk D and North of Co Trk M in V.1165 P.243, Section 23, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Rowley stated the Town is excited about this request and there were no conditions placed. Schierman stated there is Town Board approval and they have checked it with their comp plan. If the Committee is going to approve this they may want to place a condition that there is an approved code compliant septic system installed, as the previous one was abandoned. Bussey motioned to approve with the condition that a code compliant septic system be installed prior to operation, based on Town Board Approval, that it meets the Comprehensive Plan, and meets community and general welfare. Strand seconded. No further discussion. Motion carried. B. 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 13-1-41(i), and 13-1-41A(e) code of ordinances, Bayfield county, Wisconsin. Section 1. Section 13-1-41(i) and 13-1-41A(e) [Planning and Zoning Committee] of Article C [Nonconforming Uses and Structures; Special and Conditional Uses; Environmental Impact Analysis; Handicap-Disability Permits of Chapter 1 [Zoning Code] or Title 13 [Zoning of the Code of Ordinances], Bayfield County, Wisconsin is hereby created to read as follows, with additions highlighted by the double underline feature (additions): 13-1-41(i) and 13-1-41A(e) Refilings; Reconsiderations and Rehearings (1) Refiling Rule. No Conditional Use Permit or Special Use Permit that has been previously acted upon by the Committee shall be Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 considered upon a new application unless one or more of the following applies: a. Twelve (12) consecutive calendar months have expired from the date of the final decisions denying the earlier application. b. The application does not contain the original or a substantially similar request for specific use. c. Substantial change in the use of adjacent property has occurred since the previous application was heard. d. The previous application was closed without a hearing because the applicant was not present at the time such situation/circumstance was scheduled for a meeting and the applicant demonstrates to the satisfaction of the Committee that his or her absence was due to excusable neglect. e. There is a claim that there should be a rehearing based upon newly discovered evidence. A rehearing will only be granted on this basis when all of the following apply: 5. The evidence has come to the moving party’s notice after the initial hearing. 6. The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it. 7. The evidence is material and not cumulative. 8. The new evidence would probably change the result. (2) Reconsideration. There shall be no reconsideration of any Zoning Committee decision approving or denying a conditional use permit or a special use permit except that the Zoning Committee, by its own motion and by a simple majority vote taken at the hearing in which a decision to grant or deny a conditional use or special use permit is made, or at very next meeting of the Committee, shall be sufficient to reconsider a previous decision. If the Zoning Committee decides to reconsider the granting or denial of a special use or conditional use permit after the close of the hearing at which the original grant or denial is voted upon, is approved, the case will be placed on the agenda for the next regular meeting/hearing and notice given as required for an original hearing. (3) Closure of Application. An application will be considered as heard and closed at such time as the Committee approves or rejects an application or appeal by motion. No subsequent request for reconsideration by the applicant shall be considered. Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 (4 Filing fee(s) for a refiling will not be refunded in the event the Committee or Board decides to deny the application. Schierman clarified that in paragraphs 2 & 3 that the applicant can reapply and sets up parameters on how they can reapply. Reconsiderations is a different procedure that the department has in place for the Board of Adjustment but doesn’t have in place for Zoning Committee items. This gives the Committee the opportunity to consider reconsideration and rehear the item. Bussey motioned to postpone until next meeting. Pocernich seconded. Bussey stated there needs further consideration. Bussey does not like the fact that someone can reapply in 6 months or even a year if in fact nothing has changed. Silbert stated he does not agree that all representation should be present that undoes all their decision making ability that is why there is a quorum. Pocernich agrees. No further discussion. Motion carried. C. Frances J Johnson (Russell) – bed and breakfast (consisting of up to 3 bedrooms) [a 24.4-acre parcel (Tax ID #29115), described as N ½ of N ½ of SE ¼ Lying West of Old CTH K in V.1141 P.451, Section 14, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Pocernich motioned to suspend rules and allow public comment. Silbert seconded. No further discussion. Motion carried. Frances Johnson spoke in support, this is her home on 25 acres surrounded by County land and neighbor to the South is about a mile away. Main floor and loft will be available to guests and she will live in the basement which is a walk-out. This will be her retirement plan. Schierman stated there is Town Board approval. Jenny submitted a memo of her finding upon inspections. (See attachment B) Silbert motioned to approve based on Town Board Approval, that it meets the County Comprehensive Plan, and general and Community welfare. Pocernich seconded. No further discussion. Motion carried. D. Committee members discussion regarding matters of the Planning and Zoning Department Discussed email from Rob regarding correspondence between attorneys for the dirt track issue. 12. Monthly Report Schierman stated the department took in 27 million dollars’ worth of improvement projects for the year. The budget performance report from January 2016 to December 2016 states that the department took in 124% of projects revenue and only spend 92% of projected expenses. Pocernich motioned to receive and place on file, Silbert seconded. No further discussion. Motion carried. 13. Adjournment Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 19, 2017 Rondeau called adjournment at 4:45 pm. Prepared by KMH on 1/20/2017; given to RDS 1/20/2017 Approved by RDS on 2/1/2017 Sent to ZC on 2/1/2017 Final Approval on 2/16/2017 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2017/#1 January