Loading...
HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 4/20/2017 Page 1 of 5 ZC Planning and Zoning Public Hearing and Meeting – April 20, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING APRIL 20, 2017 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: 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. 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 – relevant affairs to be addressed towards Planning and Zoning Committee [ 3 minutes per citizen] No comment. 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the February 16, 2017 meeting. Strand motioned to approve, Pocernich seconded. No further discussion. Motion carried. 7. Public Hearing: A. Gregory Carrier (Bayfield) – two additional mini storage units [a 17.30-acre parcel (Tax ID #4867), described as W 17.3A of the SE ¼ of the NE ¼ in V.602 P.19, Section 22, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Greg Carrier, spoke in support, asking for two additional buildings for his existing mini storage. Discussion ended. B. Adrien Cady (Barksdale) – (ATF) multiple principal structures in a commercial zone [a 1.36-acre parcel (Tax ID #85), described as Lot 2 of CSM #502 in V.1130 P.478, Section 18, Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI] No one spoke in support or opposition. Discussion ended. Page 2 of 5 ZC Planning and Zoning Public Hearing and Meeting – April 20, 2017 8. Adjournment of Public Hearing: Bussey made a motion to adjourn, Silbert seconded. Motion carried. Adjourned at 4:05 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:05 pm. 10. Roll Call: Bussey, Silbert, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. 11. Business: A. Gregory Carrier (Bayfield) – two additional mini storage units [a 17.30-acre parcel (Tax ID #4867), described as W 17.3A of the SE ¼ of the NE ¼ in V.602 P.19, Section 22, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Schierman stated there are no letters of support or opposition in the file. There is Town Board approval. Bussey asked if the Town placed Conditions, the reply was no. Strand asked for clarification, is this a new conditional use or a change in an existing. Schierman stated it is an expansion of an existing. Croonborg- Murphy stated that Carrier has done some dirt work that is downslope of the site where he would like to have his buildings. He was told that the area may be a wetland and to contact the DNR for permits. Since the buildings are in an upland location this is not in violation of the request. Bussey motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and community and general welfare. Pocernich seconded. No further discussion. Motion carried. B. Adrien Cady (Barksdale) – (ATF) multiple principal structures in a commercial zone [a 1.36-acre parcel (Tax ID #85), described as Lot 2 of CSM #502 in V.1130 P.478, Section 18, Township 48 North, Range 4 West, Town of Barksdale, Bayfield County, WI] Schierman stated there is Town Board approval stating the property is kept clean and there have been no problems in the past two years. Croonborg- Murphy stated this is an after the fact to allow multiple residence in a commercial zone. At the time of his rezone Cady indicated this was only a residential garage and he may have been confused. He has paid after the fact land use fees. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and community and general welfare. Bussey seconded. No further discussion. Motion carried. C. Grace Baptist Church (Hughes) – church [a 9.99-acre parcel (Tax ID #34166), described as Lot 1 CSM #1473 V.9 P.12, Section 10, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI] Page 3 of 5 ZC Planning and Zoning Public Hearing and Meeting – April 20, 2017 Croonborg-Murphy stated that the site is flat and sandy. There are no issues here. Schierman stated there is Town Board approval and they stated it meets the needs of the community. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and community and general welfare. Pocernich seconded. No further discussion. Motion carried. D. Town of Drummond (Drummond) – a municipal structure [a .552-acre parcel (Tax ID #15182), described as a parcel in the SW ¼ of the NW 1/4, Section 33, Township 45 North, Range 7 West, Town of Drummond, Bayfield County, WI] Rowley stated the Town would have rezoned the property but it would have taken longer and they wanted to start the project soon. Schierman stated there is Town Board approval. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and community and general welfare. Bussey seconded. No further discussion. Motion carried. E. Discussion and possible action regarding possible violation of Donald and Cynthia Landon’s permit (#12-0211) Schierman explained, that it has come to light from several different angles that there are 2 parcels North of here, the Landon’s were granted a permit to place a residence that exceeded the 35-ft. height restriction in 2012. They represented their property with a plot plan that showed access that the Mir’s are trying to put their driveway in and now it has come to light that that is not the proper access for the Mir property and would create an illegal structure for the Landon’s property. The Mir property access wasn’t presented properly at the time the Landon’s applied. upon signing the application, whether intentionally or not, any misrepresentation would constitute a violation. Now where the misrepresentation of where the road is supposed to go the Landon’s have their propane tank and well. A surveyor has been out and identified where this easement road is supposed to go. The two properties have not been able to come to an agreement to where the access can go. Leaves him to deal with a violation of a misrepresentation as they wouldn’t meet setbacks from the easement road. Bussey stated his understanding after reviewing the materials, that this was litigated in court. It was the court’s decision where the easement was. The Mir’s have applied to put in a driveway on that location. Schierman stated yes the application is in the office and it has Town Board approval. Bussey went on to say that he feels that there was a good deal of uncertainty where that was. The judge decided where it was. Grant the permit for the Mir’s and that the Landon’s must live with their misrepresentation and take no action on the violation. Rondeau asked what the violation was. Schierman stated the misrepresentation of the easement road now the house does not meet the setbacks. Rondeau stated that the Committee is just acting on the violation. Bussey stated that with John Carlson’s letter he has a conflict of interest. Pocernich motioned to suspend the rules and allow public input. Silbert seconded. No further discussion. Motion carried. Page 4 of 5 ZC Planning and Zoning Public Hearing and Meeting – April 20, 2017 John Carlson stated he first stated the litigation and then two years later there was a ruling that the only access causes a violation. He stepped into a conflict not knowing. He is not representing the Committee at this point. Silbert asked if his original letter was in 2012 and Carlson’s reply was, no in 2015. Rondeau closed public input. Bussey asked what remedies is the Department seeking. Croonborg-Murphy stated a variance. Bussey asked what if it isn’t granted, are you going to make them move the house. Schierman stated he isn’t asking for anything, he is asking for a direction to take. It would be nice if the owners could come to an agreement to put the access in a code compliant location. Bussey motioned to take no action (enforcement). Rondeau seconded. No further discussion. Bussey stated the Landon’s will need to live with the consequences. Pocernich disagrees as this will set precedence. Bussey stated this is not likely to occur often. Silbert stated there should be a violation and order to correct. Strand agrees. Motion failed (Rondeau & Bussey - Yes. Pocernich, Strand, & Silbert – No). Silbert motioned to issue a notice of violation with a minimum of 60 days to correct. Strand seconded. Strand, do we need to discuss fines? Schierman stated that is by ordinance. No further discussion. Motion carried (Rondeau, Silbert, Strand & Pocernich - Yes. Bussey – No.) F. Discussion and possible action regarding UDC Schierman explained because of an injury Bud Rubeck is unable to be the UDC inspector. Looking for direction from the Committee on whether he should terminate Bud’s contract and write a contract with Jim Price. Pocernich motioned to mutually terminate Bud Rubeck’s contract and offer one to Jim Price. Bussey seconded. No further discussion. Motion carried. G. Committee Members discussion(s) regarding matters of the P & Z Department. Schierman explained that Josh Rowley has accepted a job with Ashland County. The Committee thanks Rowley for his employment and wished him the best. 12. Motion to move into closed session (see closed session minutes) H. Majority vote I. Chairman Rondeau announces the Nature of the business: The Bayfield County Planning and Zoning Committee may entertain a motion to move in and out of Executive Session pursuant to: §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved regarding the March 29, 2017 Board of Adjustment decision on Case #17- 02B. Page 5 of 5 ZC Planning and Zoning Public Hearing and Meeting – April 20, 2017 13. Motion to move out of closed session. J. Majority vote 14. Reconvene in open session 5: 34 pm 15. Monthly Report / Budget and Revenue Schierman stated there are 6 more land use applications and 3 less sanitary application than last year. The Department permitted one million worth in value on projects. Pocernich Motioned to receive and place on file. Bussey seconded. Motion carried. 16. Adjournment Rondeau called adjournment at 5:37pm. Prepared by KMH on 4/21/2017; given to RDS 4/24/2017 Approved by RDS on 4/25/2017 Sent to ZC on 4/25/2017 Final Approval on 5/18/17 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2017/#4 April