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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/17/2017 Page 1 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 17, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING AUGUST 17, 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, Jennifer Croonborg-Murphy-AZA, Tracy Pooler-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 July 20, 2017 meeting. Silbert motioned to approve. Bussey 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. James Fogarty (Namakagon) – 3-unit short-term rentals (after the fact on 1 of 3) [a 0.69-acre parcel (Tax ID #25066), described as Lot 1 of CSM #397 in V.3 P.304 (located in part of Namakagon Lake Shore Subdivision), Section 12, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] Michael Furtak spoke in support. He explained that Mr. Fogarty purchased this old resort and started renting out one of the three cabins through Air B & B not knowing he needed short-term rental permits. He would like to only rent out the one cabin. If there is a party that is larger than 8 people he will use the other cabins as overflow. He does not intend to rent out the cabins to separate parties. There is not a dock there. If a renter brings a boat they can tie it at Mr. Fogarty’s dock next door, which is where he lives. When Telemark closed, the area lost 400 rooms. The area needs more places to stay. He has paid the penalty fee for after the fact. There is a new system that is going to be installed, that paperwork has been submitted to the State for review. Strand asked about the plat, there are cabins and a house. Furtak stated on one lot is his house and a shed on the other lot are the three cabins. Stand asked why he is applying for 2-4 cabins, which is it. Furtak stated that is the category he falls under. He is asking for 3 rental cabins. Silbert mentioned the Town asked him to comply with the rules over a year ago, why did it take him so long to comply. Furtak stated he did not know he needed permits. Page 2 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 17, 2017 He has paid a $250 room tax penalty fee to the town. He does not intend to run a resort. That use has been discontinued. Discussion ended. 8. Adjournment of Public Hearing: Bussey made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:12 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:12 pm. 10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Tracy Pooler-AZA, and Krystal Hudachek - Secretary. 11. Business: A. James Fogarty (Namakagon) – 3-unit short-term rentals (after the fact on 1 of 3) [a 0.69-acre parcel (Tax ID #25066), described as Lot 1 of CSM #397 in V.3 P.304 (located in part of Namakagon Lake Shore Subdivision), Section 12, Township 43 North, Range 6 West, Town of Namakagon, Bayfield County, WI] File Report: Schierman stated this was the Green Tree Resort in the 1950’s Fogarty purchased the property in 1982. There are concerns about the septic. The Town did approve and review with the comp plan and will approve contingent upon a new septic system is installed, there are concerns about parking. The Town also added that no other structure or vehicles, permanent or temporary can be placed on the property for human habitation or business until this short-term vacation rental permit is terminated. This included but is not limited to travel trailers, motor homes, tents, tent campers, and house boats. Strand asked if this is approved it could be used for 3 short term rentals instead of one. Schierman answered yes. Bussey asked about the parking situation. Schierman stated that there just isn’t a lot of room on the property. Especially after the septic gets installed. Bussey motioned to suspend rules and allow public comment. Silbert seconded. No further discussion. Motion carried. Furtak stated the discussion at the Town meeting is they do not want vehicles on the road or road right of way all vehicles must be on the property or Fogarty’s property next door. Bussey motioned to approve contingent upon a State approved septic system for all the buildings on the property with the condition of no parking by renters by any of the units on the public road, a further condition that no other structure or vehicles, permanent or temporary can be placed on the property for human habitation or business until this short-term vacation rental permit is terminated. This included but is not limited to travel trailers, motor homes, tents, tent campers, and house boats based on the zoning ordinance, consistency with the town comp plan, recommendation of the Town Board, consistent with the Page 3 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 17, 2017 County comp and land use plan, community and general welfare of the proposal. Strand seconded. No further discussion. Motion carried. B. Town of Cable / Bob Lang (Cable) – municipal building in F-1 zone [a 23-acre parcel (Tax ID #9019), described as SW ¼ of SE ¼ less V.235 P.232, Section 22, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Bob Lang spoke in support stating this is a simple pole building three sides to cover the salt sand. State regulations say there cannot be any on the property as of April 15th, every spring. This will make it easy to comply. This is where the Town garage is so it fits in with the use. Schierman stated there is no Town Board approval yet. There are no letters of support or opposition. Lang stated the Town will be meeting next week (Wednesday). The plan commission did address this (he passed out a copy of the decision to the Committee). Silbert motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, based on Zoning Ordinance, and maintenance of healthful conditions. Bussey seconded. No further discussion. Motion carried. C. Brenda Drall (Barnes) – shoreland grading (ATF) upgrade from class A to Class B [a 2.585-acre parcel (Tax ID #1664), described as Lot 2 CSM #337 in V.3 P.178 (Located in Govt Lot 3), Section 8, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Brenda Drall explained she met with Josh and he gave her the go ahead to cut trees, she had told him at that time she was going to be removing the stumps he never indicated she needed a permit. With her lack of knowledge of living on the water front she did the work. Initially went to the plan commission and they approved it. She was told that she didn’t need to go to the Town meeting, she didn’t and they apparently thought I needed to be taught a lesson and they denied it, which resulted in me having to do the Class B permit. Went back to the plan commission and was approved, this time she went to the Town meeting and they approved it. Strand wants to know when the work was started and completed. Drall answered stumps were done in one day in May and trees were cut October of 2016. She has planted grass seed and has a picture of what it looks like now. Silbert asked about the best management practices, were those met. Schierman stated he has not been to the property recently, but they spoke on the phone in May and he went out a noticed the activity exceeded the threshold and needed permit. He asked silt fence be placed and seeded. She was cooperative. Drall stated the silt fence was not in place since it is full grass now. Schierman stated he has not been out to the property. (Drall passed out a picture) Strand stated the area that was cleared was 55’ x 88’ so that amount of clearing is permissible. Schierman stated correct. Strand asked if the permit was denied what would happen. Schierman stated she could appeal to the BOA the activity has been done. Strand commented that after the fact permits really give him heart burn as it appears people can do what they want for a small penalty to get what they want. Schierman stated she did have a conversation with a previous employee and he was not present for that conversation so he could not clear up and misunderstandings. Bussey stated there are cases where it would be appropriate to deny a permit, could seek a court order for restoration, does not see that that is the case here. Page 4 of 4 ZC Planning and Zoning Public Hearing and Meeting – August 17, 2017 Bussey motioned to approve the after the fact permit based on Town Board recommendation, existing topographic, drainage features and vegetative cover on site, and the erosion potential of the site. Pocernich seconded. Schierman reminded the Committee of the Towns condition. Bussey included that condition and ok with second (Town Condition: No re-structuring of the shoreland be made). Strand asked to clarify that this is for shoreland grading only and does not include any other structures. Schierman stated this is for the after the fact grading activity that took place. Strand asked if the land owner wished to do other structures at some time in the future they would need a permit. Schierman stated, absolutely if they fall under the jurisdiction of our ordinance. Silbert stated the applicant talked to Josh and got a permit to cut the trees, Schierman stated there is no tree cutting permit. Silbert asked if there was a record of that meeting. Schierman answered no. No further discussion. Motion carried. D. Committee members discussion(s) regarding matters of the Planning and Zoning Department. Silbert stated there will be two Xcel Energy substations coming to Bayfield County. Bussey asked that Schierman forward him Linda’s email regarding future land use maps. Croonborg-Murphy mentioned the budget bill 387 and will forward info to Committee. 12. Monthly Report Schierman stated they department is $26,448 ahead of last year. Land use is up by 65 permits and sanitary is only behind by 1 permit. They permitted about 2 million worth of projects in the County. Pocernich motioned to receive and place on file, Silbert seconded. No further discussion. Motion carried. 13. Adjournment Rondeau called adjournment at 4:38 pm. Prepared by KMH on 8/18/2017; given to RDS 8/18/2017 Approved by RDS on 8/23/2017 Sent to ZC on 8/23/2017 Final Approval on 9/21/2017 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2017/#8 August