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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/21/2018 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 MINUTES – From Todd’s notes (recording skips/cuts out) BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JUNE 21, 2018 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, Strand and Zepczyk – all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, and Todd Norwood. 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 May 2018 meeting. Pocernich motioned to approve. Zepczyk 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. Jayson & Katherine Nohl (Barksdale) – EIA [a 3.34-acre parcel (Tax ID #37285), described as Lots 1, 2, & 3 Plat of Mission Springs V.1145 P.447, Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Jayson Nohl spoke in support stating they would like to replace old non- conforming structures on property. Mike Furtak spoke in support. Discussion ended. B. Jayson & Katherine Nohl (Barksdale) – MUD [a 3.34-acre parcel (Tax ID #37285), described as Lots 1, 2, & 3 Plat of Mission Springs V.1145 P.447, Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Jayson Nohl supports (same as item A) Discussion ended. Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 C. Grace Heitsch (Barksdale) – private cemetery (family burial plot) (ATF) [a 20-acre parcel (Tax ID #180), described as W ½ of the SW ¼ of SE ¼, Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Heitsch spoke in support, stated she contacted the Town Board but did not hear a response. Funeral home prepared burial paperwork and they buried relative on property. Would like a permit for burial. Fred Josephson spoke in opposition. Has property near Heitsch. Has mixed feeling on subject. Concerns with future land sale (his) with a cemetery nearby. Would like exact location if approved. Mike Furtak spoke in opposition stating that if the property becomes abandoned it will fall on the Town. Discussion ended. D. Mogasheen Properties LLC, owner and Michael Furtak, agent (Grand View) – EIA [a 12-acre parcel (Tax ID #17015), described as E 20 RODS of Govt Lot 7 in V.1113 P.59, Section 34, Township 44 North, Range 6 West, Town of Grand View, Bayfield County, WI] Mike Furtak spoke regarding the EIA stating impact occurred when resort was first built. No evidence of negative impacts from resort. No one spoke in support or opposition Discussion ended. E. Mogasheen Properties LLC, owner and Michael Furtak, agent (Grand View) – expand existing 12-unit MUD into 13 units [a 12-acre parcel (Tax ID #17015), described as E 20 RODS of Govt Lot 7 in V.1113 P.59, Section 34, Township 44 North, Range 6 West, Town of Grand View, Bayfield County, WI] Mike Furtak spoke stating there are 12 units currently. Removing 2 non- conforming structures and replacing with smaller structures. Natural colors, gutters, and compliance with sanitary. Not adding more rental units. Requesting land use since resort predates zoning. Discussion ended. F. 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 (Title 13) 13-1-3, 13-1-4, 13-1-20, and 13-1-22 code of ordinances, Bayfield county, Wisconsin. Ellen Lefons introduced the new language and spoke in support and handed in written statement (Attachment A) Tony Janisch spoke in support, talking about the 2012 flood damage and last week’s flood. Supports and urges the Committee to support. Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 Mary Witchita spoke in support, urging the Committee to support in light of recent weather. Jenny Murphy spoke in support. Provided history of ordinance. Current language doesn’t address bank or bluff setbacks. Not clear what current ordinance addresses but suggested states that all banks and bluffs have 75 ft. setbacks. All in County should share in responsibility for erosion / sedimentation of Lake Superior. Susan Headman spoke in support stating this is a goal to provide more clarity and allow ordinance to be better implemented and protect against erosion like seen during last weeks storm. Needs to be clarified to protect against litigation. Existing uses would remain and not become non-conforming structures. Mike Dresen spoke in support stating more specifics and clarification in ordinance is needed. Exemption to Ag could be implemented. Josh Rowley spoke in opposition stating the map is inaccurate and is not sure what value if used. Will make propertied not valuable (can’t build). This would cause a fire hazard if there are no prescribed burns. How will land use be marked? There are a lot of acres with 20% slope that don’t show up on the map. Mike Furtak spoke in opposition stating each Township should receive a Town map with the 20% slopes. Ordinance not in form to approve and should have public forums in Townships prior to decisions. Bob Mick spoke in opposition stating proposed ordinance is one size fits all and 20% slope is not an issue. Discussion ended. G. 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 (Title 13) 13-1-21 code of ordinances, Bayfield county, Wisconsin. Schierman introduced the proposed change in language. No one spoke in support or opposition. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 5:00 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 5:00 pm. 10. Roll Call: Pocernich, Rondeau, Silbert, Strand, and Zepczyk –all present. Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 Others present were: Director-Rob Schierman, Tracy Pooler-AZA, and Todd Norwood - AZA. 11. Business: A. Jayson & Katherine Nohl (Barksdale) – EIA [a 3.34-acre parcel (Tax ID #37285), described as Lots 1, 2, & 3 Plat of Mission Springs V.1145 P.447, Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Schierman stated there are no concerns. Pocernich motioned to approve. Silbert seconded. No further discussion. Motion carried. B. Jayson & Katherine Nohl (Barksdale) – MUD [a 3.34-acre parcel (Tax ID #37285), described as Lots 1, 2, & 3 Plat of Mission Springs V.1145 P.447, Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Pocernich motioned to approve based Town Board approval, consistency with comp plan, and existing topographic drainage features and vegetative cover. Zepczyk seconded. No further discussion. Motion carried. C. Grace Heitsch (Barksdale) – private cemetery (family burial plot) (ATF) [a 20-acre parcel (Tax ID #180), described as W ½ of the SW ¼ of SE ¼ , Section 25, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Schierman mentioned the conditions and fees, survey, and public easement, and Wisconsin burial board. Pocernich stated the Town discussed a 6 ft. depth. Silbert motioned to approve with conditions that the depth be 6 feet, graves be clearly marked, site is fenced in, and put on the title and deed, there be no more than 4 bodies/urns, that there be a Certified Survey done, and that the notification to the State Board be done, and there be no responsibility to the Town or County for maintenance and upkeep. Silbert would also like to waive the ATF fee since this was a sudden death occurrence. Pocernich seconded. Strand added that this all be done within 6 months. Ok with Motion and Second. No further discussion. Motion carried. [recording unclear] D. Mogasheen Properties LLC, owner and Michael Furtak, agent (Grand View) – EIA [a 12-acre parcel (Tax ID #17015), described as E 20 RODS of Govt Lot 7 in V.1113 P.59, Section 34, Township 44 North, Range 6 West, Town of Grand View, Bayfield County, WI] Pocernich motioned to approve. Zepczyk seconded. No further discussion. Motion carried. E. Mogasheen Properties LLC, owner and Michael Furtak, agent (Grand View) – expand existing 12-unit MUD into 13 units [a 12-acre parcel (Tax ID #17015), described as E 20 RODS of Govt Lot 7 in V.1113 P.59, Section 34, Township 44 North, Range 6 West, Town of Grand View, Bayfield County, WI] Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 Schierman stated there is no support or opposition. Pooler stated there are erosion concerns, some septics cannot be found. Rondeau mentioned that there are no issues with resort. The viewing corridor has been there for 60 years. Pocernich motioned to allow Mike Furtak to speak. Strand seconded. No further discussion. Motion carried. Furtak stated the Town approved expansion with conditions stated. Pocernich motioned to approve with the conditions 1. To work with LWCD for vegetative buffer plan within 1 year. 2. Septic evaluation on older systems. Zepczyk seconded. No further discussion. Motion carried. F. 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 (Title 13) 13-1-3, 13-1-4, 13-1-20, and 13-1-22 code of ordinances, Bayfield county, Wisconsin. Schierman stated Zoning Department doesn’t support the changes (??). HE listed soil types and stability, issues with proposed ordinance and map, 13-1-22© provision to make greater set-back. Strand noted that if the Department had concerns they should have been brought forward sooner. Rondeau stated the Committee is not ready to act on this. Pocernich motioned to table. Rondeau seconded. No further discussion. Motion 3-2. In favor—Pocernich, Rondeau and Zepczyk. Opposed Silbert and Strand. G. 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 (Title 13) 13-1-21 code of ordinances, Bayfield county, Wisconsin. Pocernich motioned to approve. Strand seconded. No further discussion. Motion carried. Agenda Review and Alteration H. Mark Johnson (Port Wing) – allow existing structure to remain in Commercial zone and build new garage [ a 0.15-acre parcel (Tax ID#28793) described as Lot 11-12 Block 22 First Addition to Port Wing V.1134 P.940 Section 29, Township 50 North, Range 8 West, Town of Port Wing, Bayfield County, WI] Schierman introduced the request to use an existing building as a residence in a Commercial Zone and build a new garage. Zepczyk motioned to approve. Strand seconded. No further discussion. Motion carried. I. Discussion and Possible Action regarding metallic mining Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – June 21, 2018 Coleman stated a moratorium lifted by legislation starting July 1. Could, 1. Prohibit sulfide mining. 2. Allow with conditional use. 3. Allow conditional use in special zones with a new map. Schierman stated sulfide mining in zoning district use list but all are blank (read definition). Discussed more on mining and Rondeau would like Rob to develop ordinance. Silbert stated he would like Schierman to work with Linda Coleman to come up with different options for an ordinance. J. Discussion and possible action regarding matters of the P & Z Department Strand mentioned the department should come back to erosion issue and work with working groups. Silbert agrees. Pocernich does not support a blanket 20% slope ordinance. 12. Monthly Report / Budget and Revenue Pocernich motioned to receive and place on file. Silbert seconded. No further discussion. Motion carried. 13. Adjournment Rondeau called adjournment at 6:13 pm. Prepared by KMH from Todd’s notes on 6/27/2018; given to TN and RDS 6/27/2018 Approved by RDS on 7/11/2018 Sent to ZC on 7/11/2018 Final Approval on 7/19/18 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2018/#6 June