HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 2/15/2018
Page 1 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
February 15, 2018
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at
4:01 pm.
2. Roll Call: Bussey, Pocernich, Rondeau, Silbert and Strand – all present.
Others present were: Director-Robert Schierman, Jennifer Croonborg-Murphy-AZA,
Tracy Pooler-AZA; Jason Bodine, Forest Administrator, Linda Coleman of Spears, Carlson
and Coleman, Linda Coleman of Spears, Carlson and Coleman, Perri Shuga Campbell,
Acting Secretary
3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and
the certified mailing receipts.
4. Public Comment: Jason Nohl of Mission Springs Resort in the Town of Barksdale spoke to
the Committee requesting their support in his upcoming maintenance needed on buildings at
his resort. Public comment closed at 4:04 p.m.
5. Minutes of Previous Meeting: (December 21, 2017) Motion by Silbert seconded by Strand
to approve the minutes as presented. 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: (open for public comment)
A. Bayfield County, owner/Jason Bodine, agent and Town of Bayview, Wanda Hyde,
agent (F-2 Zone) request a conditional use permit (Rifle Range) to expand,
construct and operate a trap shooting range for public use (no structures being
requested). [Property is two (2) parcels. Parcel #1 is a 40-acre parcel (Tax ID# 7612),
described as the SW ¼ of the SE ¼ in V. 10 Tax Deed P. 326; and Parcel #2 is a 40-
acre parcel (Tax ID# 7613), described as SE ¼ of the SE ¼ in V. 10 Tax Deed P. 326,
both parcels are in Section 36, Township 50 North, Range 6 West, Town of Bell, Bayfield
County, WI.]
Those speaking in favor:
Jason Bodine, Forest Administrator explained the project and stated that it is on County
Forest Land in the Town of Bell. The Forestry Committee has reviewed and worked with
the ABC Sportsmen’s Club with the plan to expand the rifle range to include trap
shooting next to the range. He explained that it was done with input from the committee.
He was joined by Wanda Hyde, Patrick Quaintance and Chris Bretting who also stood up
to answer questions on behalf of the ABC Sportsmen’s Club. The Club currently leases
the 80-acre parcel of land for the rife range from the County Forestry Department.
Page 2 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Bussey questioned the lease with the Forestry Department and wondered if the
expansion was compatible with the lease. Bodine stated yes. Silbert asked if a chain
link fence was in place around the parcel to keep people out of danger. Bretting stated
yes. Pocernich asked which direction do the shooters face, and if it is open to the
public. Quaintance stated that shooters face east, and the range is always open to the
public.
Silbert was also concerned about the use of pyrotechnics at the range and whether they
are prohibited in the lease. Quaintance replied that they were banned from the range
and Bodine affirmed that pyrotechnics were not permitted by the lease. Quaintance also
said there is a sign at the range banning pyrotechnics.
A letter from South Shore School District Administrator/Principal Clendon
Gustafson was read into the record stating that the student body was polled and twelve
students were very interested in forming a trap shooting team, and that he was very in
favor of the addition to the rifle range.
Strand stated that the Forestry Committee had requested a lead monitoring plan in the
lease and that the ABC Sportsmen’s Club had complied with the request. He stated that
he would like continued monitoring of lead.
Rondeau asked if anyone else would like to speak in favor. There was no one else in
favor.
Rondeau asked if anyone would like to speak in opposition. No one spoke in opposition
regarding the proposal.
Discussion ended.
B. James & Kimberly Wald request an after-the-fact conditional use permit for
multiple principle structures (16 x 70 [1998] mobile home) and a (26 x 44 residence
w/deck). [Property is a 5.65–acre parcel (Tax ID# 9916) described as E 300’ of W630’
of S820” in the NE ¼ of the NE ¼, in Doc# 2010R-533746, in Section 35, Township 43
North, Range 8 West, Town of Cable, Bayfield County, WI.]
A memorandum from Rob Schierman, Zoning Administrator explained the circumstances
of the trailer, which was to have been removed in 2011 after the permit for the residence
was granted in 2010. The issue surfaced when the Wald’s applied for a building permit
for a detached garage.
James Wald explained that his father (now deceased) applied in 2010 for the permit for
the residence, and that he had no knowledge of the clause that the mobile home be
removed from the property by the 2011 August 1 date. He stated that his 54-year old
disabled sister now resides in the mobile home and if she is forced to move it, she will
become homeless. He stated that she has resided there in the mobile home for the past
seven years.
Rondeau asked if anyone would like to speak in favor. No one spoke in support
regarding
Page 3 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Rondeau asked if anyone would like to speak in opposition. No one spoke in opposition
regarding
Discussion ended.
C. Petition to Amend Ordinance (Title 13-1; 13-3 and title 14)
Schierman explained that all revisions and the reasoning behind each revision. Silbert
questioned lot fusion and Schierman explained that according to new state statutes
Bayfield County can no longer have ordinance language that fuses substandard lots in
common ownership. Bussey questioned Conditional Use versus Special Use for
automotive repair and taxidermy, and Schierman explained that it was recommended by
the Committee last month that the two uses be allowed in Zoning Districts A-1 and F-1
with either a Special Use or Conditional Use permit.
Rondeau asked if anyone would like to speak in favor. No one spoke in support.
Rondeau asked if anyone would like to speak in opposition. No one spoke in opposition.
Discussion ended.
8. Adjournment of Public Hearing:
Bussey made a motion to adjourn, Pocernich seconded. Motion carried. Adjourned at
4:30 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting
to order at 4:30 pm.
10. Roll Call: Bussey, Pocernich, Rondeau, Silbert and Strand – all present.
Others present were: Director-Robert Schierman, Jennifer Croonborg-Murphy-AZA,
Tracy Pooler-AZA; Jason Bodine, Forest Administrator, Perri Shuga Campbell, Acting
Secretary
11. New Business:
A. Bayfield County, owner/Jason Bodine, agent and Town of Bayview, Wanda Hyde,
agent (F-2 Zone) request a conditional use permit (Rifle Range) to expand,
construct and operate a trap shooting range for public use (no structures being
requested). [Property is two (2) parcels. Parcel #1 is a 40-acre parcel (Tax ID# 7612),
described as the SW ¼ of the SE ¼ in V. 10 Tax Deed P. 326; and Parcel #2 is a 40-
acre parcel (Tax ID# 7613), described as SE ¼ of the SE ¼ in V. 10 Tax Deed P. 326,
both parcels are in Section 36, Township 50 North, Range 6 West, Town of Bell, Bayfield
County, WI.]
Strand stated that the Forestry Committee and the ABC Sportsmen’s Club had been
working on this proposal for at least a year with the importance of lead monitoring, hours
of operation and other lease provisions. He stated that it is consistent with the County’s
zoning ordinance and the town’s and county’s comprehensive plans. It is also consistent
Page 4 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
with the Bayfield County Forest Comprehensive Land Use Plan. Public input has been
positive and community welfare and economic impacts are positive.
Motion by Strand to approve the Conditional Use permit for the existing rifle range to
expand, construct and operate a shooting range with the following conditions:
1. No discharge of pyrotechnic ammunition or Non-incendiary Binary reactive targets.
Pyrotechnic ammunition contains chemicals for producing smoke or light, as for
signaling, illuminating or screening. Non-incendiary Binary Reactive Targets are
exploding targets, for example the trademarked product Tannerite.
2. Hours of operation: Year- round 8 a.m. to 8 p.m. or sunset whichever comes first.
Saturday and Sunday 8 a.m. to 7 p.m. or sunset, whichever comes first.
The motion was seconded by Pocernich.
Silbert stated that in the past there had been noise complaints from neighbors, and he
believed that the Sportsmen’s Club made efforts to curb the noise by building a noise
barrier. He believed the Sportmen’s Club has been very cooperative if problems arise.
There was no input from the Town of Bell and Schierman stated that a letter had been
sent to them in early January.
No further discussion. Motion Carried.
B. James & Kimberly Wald request an after-the-fact conditional use permit for
multiple principle structures (16 x 70 [1998] mobile home) and a (26 x 44 residence
w/deck). Property is a 5.65–acre parcel (Tax ID# 9916) described as E 300’ of
W630’ of S820” in the NE ¼ of the NE ¼, in Doc# 2010R-533746, in Section 35,
Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI
Schierman stated that he had received nothing from neighbors in favor or opposed to the
Conditional Use, and had nothing from the Town of Cable in response to his
correspondence which was sent out in January. He explained that structure in question
(mobile home) was allowed by a variance in 1998 (case #818), and the newer residence
was permitted in 2010 with the stipulation that the mobile home be removed by August 1,
2011. The noncompliance with the stipulation was discovered when the Wald’s applied
for a permit to construct a detached garage on the parcel. Mr. Wald maintains his
father, now deceased, applied for the residence permit in 2010 and he knew of no
stipulation to remove the mobile home. Rondeau stated the lot size is 4.6 acres and
appears to have plenty of room for the structures, and the ATF fees had been paid.
Silbert stated he could approve of the conditional use if it is restricted to just this mobile
home with the current resident. It was also confirmed that the permit for the detached
garage is a separate permit and is not part of this action.
Motion by Pocernich to approve the ATF (after the fact) Conditional Use Permit the
present 16 x 70 1998 mobile home and the 26 x 44 residence with deck, with the
stipulation that if either 2010 home or the mobile home should need replacement, the
Wald’s should have to come back to the committee for another Conditional Use Permit.
Page 5 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Seconded by Silbert. Strand stated his disbelief that Mr. Wald did not know of the
stipulation to remove the mobile home. Motion carried, with Strand casting a nay vote.
C. Petition to Amend Ordinance (Title 13-1; 13-3 and title 14)
Strand stated his appreciation to the Zoning Department for giving the committee several
weeks to absorb the content of the ordinance revision.
Bussey stated concern regarding Amendment 13-1-62 regarding Automobile and Truck
Sales, repair, parts, supplies and storage a Special Use in the F-1 Zone and a
Conditional Use in the A-1 Zone. His concern was setting a precedent for other sales
businesses such as Boats, RV’s, ATV’s etc. He was assured by Croonborg-Murphy that
Boat Sales were prohibited in F-1 and A-1, and that other sales of items were permitted
by Conditional Use or Special Use on a case by case basis. Strand stated that the
upcoming agenda item 12. (c) tabled at the December 2017 meeting would be a good fit
for the property under this zoning classification.
Motion by Bussey, Seconded by Pocernich to approve the proposed amendments and
send it to the County Board for final approval. Motion carried.
Agenda Review and Alteration
D. Discussion and Possible Action regarding Dirk Stolz game farm (violation).
Schierman explained that Mr. Stolz had applied for a Conditional Use Permit for a game
farm, which was denied. The Board of Adjustment, upon appeal of the Zoning
Committee decision, upheld the denial. He further explained that under state statutes
the definition of livestock has statutes that include farm raised deer and some exclude
them. He contacted Mr. Stolz to see if he was interested in re-applying for a permit, the
Stolz’s are not interested in re-applying. Schierman stated he understood that there
were 11 animals within the fenced enclosure which includes both A-1 and F-1 zoning.
He stated that the animals in the F-1 area is the violation at this time.
Motion by Pocernich, seconded by Silbert to suspend the rules and allow Mr. Stolz to
discuss the issue with the committee. Motion carried.
Mr. Stolz offered for the record a letter from DATCAP dated January 18, 2018 that
confirmed he has been licensed since 1999 for a cervid herd under the name Tamarack
Deer Farm and that his herd is certified disease free. There was also a Wisconsin DNR
certificate dated November 15, 2017 which allows a deer farm fence at 74180 Hoover
Line Road in the Town of Oulu on 383 acres for Copper Hills Preserve LLC.; a Wisconsin
Livestock Premises Registration Card for Copper Hill Hunting Preserve LLC at 74180
Hoover Line Road in the Town of Oulu valid until July 31, 2019; A DATCAP Farm-Raised
Deer Keeper Registration effective from December 15, 2017 to March 15, 2018 at
Copper Hills Hunting Preserve LLC 74180 Hoover Line Road in the Town of Oulu; A
DATCAP Wisconsin Farm-Raised Deer Hunting Ranch Certificate for Copper Hills
Hunting Preserve LLC, 7418 Hoover Line Road in the Town of Oulu valid for ten years
beginning December 22, 2017; and three veterinary inspection certificates.
Page 6 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Mr. Stolz stated to the committee that his fence was regulated by the Wisconsin DNR,
and the USDA not County Zoning. He also stated that in Douglas County, deer are
considered livestock and a permit is not required.
Stolz stated he had the required permits from the DNR and DATCAP (as stated above).
He stated that his deer were no different than cattle placed behind a fence. He said that
be knows of several other deer farms in the area as well as one in Douglas County which
required no permit. Pocernich questioned what the actual violation was. Schierman
referred to a letter in the packet dated December 21, 2016 written by Corporation
Counsel.
Schierman stated that 120 of the 383 acres are zoned AG-1 and the Zoning Department
has informed Mr. Stolz he can use this AG-1 property for food and fiber production and
genetic and reproductive purposes. The balance of the acreage is zoned F-1 and
farming of all types requires additional permitting in the F-1 zoning…Mr. Stolz was
denied that permit and yet he is using it for his operation in violation of the denial he
received.
Stolz stated in his handout was Chapter 90 of the Wisconsin Statutes that deals with
fences.
Schierman stated that “pay to hunt” is not included in the livestock provision of the
zoning ordinance, and that he was considering issuing a Cease and Desist Order.
Silbert asked Stolz if he planned to do “pay to hunt” on the property and Stolz replied
“Not right Now’
After more discussion, Linda Coleman who represents Corporation Counsel was asked
to help with definitions and the permit process. Many questions were raised regarding a
new permit to be processed, what uses could be allowed and what items would be
considered illegal.
Pocernich stated that with deer being considered livestock, and pressure given for
fencing F-1 land, many, many area farmers who pasture cows and other animals would
be devastated.
Conditions for reapplication for a permit were discussed. Schierman stated that because
there have been substantial changes in the zoning ordinance that would allow for a new
application permit for a deer farm.
Stolz stated that he had no interest in applying for a new permit.
After further discussion it was moved by Bussey and seconded by Pocernich that the
Committee meet in closed session with Corporation Counsel to discuss potential action.
Motion carried.
Chairman Rondeau asked the committee if it would be possible to take Item
F prior to Item E.
E. Discussion and Possible Action Regarding erosion work group (Jan 16, 2018)
Page 7 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Kenneth Bro and Ellen Lafans spoke and gave a power point presentation on shoreland
erosion problems, clay bank erosion, flooding, causes of flooding and their group’s
concern about measures to prevent future flooding and erosion issues. It is suggested
that provisions in the zoning ordinance be developed to identify sensitive places and
apply measures to prevent future issues. They stressed that it is better to be proactive
than reactive in preventing future issues. They stated that they will continue to work at a
proposal for the zoning committee to review for possible adoption.
Committee members expressed appreciation for their completely volunteer efforts and
look forward to their proposal.
F. Discussion and Possible Action regarding metallic mining forum (Jan 24, 2018)
Schierman discussed a Forum which he attended with Strand, Silbert, Larry Fickbohm
and Jeremy Oswald. He stated that it will be important to come up with an ordinance
with proper language to better control where metallic mining is allowed. Strand stated
that counties have a July 1, 2018 deadline in order to get language and provisions in
place.
Bussey asked that the item be on the agenda next month.
G. Discussion and Possible Action Regarding update on shoreland zoning
regulations
Croonborg-Murphy reported that she had been working on a draft proposal with other
counties, policy options, insertion of a lake group and other options. The committee will
need to choose options and policy options. She stated she is hoping to bring a proposal
to the committee in April.
H. Committee members discussion(s) regarding matters of the P & Z Department.
Schierman stated his concern for long standing resorts in the county which apply for
permits to upgrade their facilities. The ordinance provides no process for long standing
businesses and resorts to upgrade their facilities without variances and zoning board of
Appeals approval. Schierman asked for Committee direction on the avenue to take in
upgrading zoning provision.
Bussey stated he felt in no position to give direction at this point and asked it to be
tabled to the next meeting. Silbert agreed and expressed concern for businesses to
keep running.
12. Previous Business
C. Joseph and Mary Chramosta (Iron River) – rezone from F-1 to Ag-1 (Tabled Dec
2017)
Schierman explained that the Amended Zoning Ordinance will go to the full county board
later this month and perhaps it would be better to delay action until the new provisions
are passed.
Page 8 of 8 ZC Planning and Zoning Public Hearing and Meeting – February 15, 2018
Motion by Strand to deny the rezoning request and ask the Chramostas to then apply for
a Conditional Use under the new zoning rules. Seconded by Silbert.
Bussey stated that he would like the issue tabled for a month in case the new provisions
so not pass the full county board.
Strand made a motion to rescind his motion to deny the permit. Seconded by Silbert.
Motion Carried.
Motion by Bussey to table the request until the next meeting. Seconded by Pocernich.
Motion carried.
13. Monthly Report / Budget and Revenue
Schierman gave and read the final 2017 figures into the record and gave year to date
2018 figures for the record.
Pocernich motioned to approve 2017 and place on file. Bussey seconded. No further
discussion. Motion carried. Motion by Bussey seconded by Strand to approve 2018 year
to date and place on file. Motion carried
14. Adjournment
Rondeau called adjournment at 6:10 pm.
Prepared by psc on 02/19 thorugh 02/26 08/16-08/18; given to RDS 02/26 Approved by RDS on 3/6/2018
Sent to ZC on 3/15/18-12:04 pm
Final Approval on 3/15/2018
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2018/#2february152018