HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 2/21/2019
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
FEBRUARY 21, 2019
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, Todd Norwood-
AZA, and Krystal Hagstrom - 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 January
17, 2019 meeting.
Strand 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. G Fred Barnes / Mike Furtak (Barnes) – (after-the-fact) short term rental (2-4
units) [a 2.28-acre parcel (Tax ID #1747), described as parcel in Govt Lot 4 in
V.464 P.168, Section 9, Township 44 North, Range 9 West, Town of Barnes,
Bayfield County, WI]
Mike Furtak spoke in support, explaining the owner was unaware that he needed
permits but has now applied for them and paid after the fact fees. There is a
residence with a garage with living quarters above. He has contracted with
Manthey to manage the property. There is Town Board approval.
Discussion ended.
B. Superior Living Arts, LLC / Katherine D R Hayes Revocable Trust / Annalisa
Bermel (Bayfield) – EIA [a Parcel #1 (Superior Living Arts) is a 17.64-acre
parcel (Tax ID# 36302), Doc #2018R-571586; described as Lot 2 of CSM# 1773
in V. 10 P. 258; Doc #2011R-541700; and Parcel #2 (Hayes) is a 19.09-acre
parcel (Tax ID# 36301), Doc #2018R-572105; described as Lots 1 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #3 (Hayes) is a 42.09-acre
parcel (Tax ID# 36303), Doc #2018R-572105; described as Lots 3 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #4 (Hayes) is a 33.87-acre
parcel (Tax ID# 36304), Doc #2018R-572105; described as Lots 4 of CSM #1773
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
in V. 10, P. 258; Doc #2011R-541700, All [located in part of the (SW of the NW);
the (NW of the SW); and Gov’t Lot 3 and Gov’t Lot 4]; in Section 23, Township 50
North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Annalisa Bermel introduced the EIA and explained that Heidi is unable to be here
but expresses her support and enthusiasm.
Discussion ended.
C. Superior Living Arts LLC / Katherine D R Hayes Revocable Trust / Annalisa
Bermel (Bayfield) – multiple unit development consisting of 109 units [
Parcel #1 (Superior Living Arts) is a 17.64-acre parcel (Tax ID# 36302), Doc
#2018R-571586; described as Lot 2 of CSM# 1773 in V. 10 P. 258; Doc #2011R-
541700; and Parcel #2 (Hayes) is a 19.09-acre parcel (Tax ID# 36301), Doc
#2018R-572105; described as Lots 1 of CSM #1773 in V. 10, P. 258; Doc
#2011R-541700; and Parcel #3 (Hayes) is a 42.09-acre parcel (Tax ID# 36303),
Doc #2018R-572105; described as Lots 3 of CSM #1773 in V. 10, P. 258; Doc
#2011R-541700; and Parcel #4 (Hayes) is a 33.87-acre parcel (Tax ID# 36304),
Doc #2018R-572105; described as Lots 4 of CSM #1773 in V. 10, P. 258; Doc
#2011R-541700, All [located in part of the (SW of the NW); the (NW of the SW);
and Gov’t Lot 3 and Gov’t Lot 4]; in Section 23, Township 50 North, Range 4
West, Town of Bayfield, Bayfield County, WI]
Annalisa Bermel spoke in support and showed a power point presentation that
explained the master plan and the four phases of development.
Discussion ended.
D. Robert Walters (Grand View) – EIA (after-the-fact) [Parcel #1 is a 17.40–acre
parcel (in part of Tax ID# 37935) described as that portion in the NW ¼ of the NE
¼ in V. 456, P.159; less hwy and less that part described in V.1104, P. 821; Use
is not allowed on the portion zoned R-2; and Parcel #2 is a 35.60-acre parcel
(Tax ID# 36705) described as the W ½ of the W ½ of the NE ¼; in V. 301, P. 317;
less parcel described in V.1104, P.821. Parcel #3 is a 5.0-acre parcel (Tax ID#
36709) described as a parcel in the SE ¼ of the NE ¼ in V. 1104, P. 823. All in
Section 24, Township 45 North, Range 6 West, Town of Grand View, Bayfield
County, WI]
Mike Furtak spoke in support stating Marlys’s father started this in 1982 and
there is an EIA on file from then.
Discussion ended.
E. Robert & Marlys Walters / Mike Furtak (Grand View) – salvage yard (after
the fact) [Parcel #1 is a 17.40–acre parcel (in part of Tax ID# 37935) described
as that portion in the NW ¼ of the NE ¼ in V. 456, P.159; less hwy and less that
part described in V.1104, P. 821; Use is not allowed on the portion zoned R-2;
and Parcel #2 is a 35.60-acre parcel (Tax ID# 36705) described as the W ½ of
the W ½ of the NE ¼; in V. 301, P. 317; less parcel described in V.1104, P.821.
Parcel #3 is a 5.0-acre parcel (Tax ID# 36709) described as a parcel in the SE ¼
of the NE ¼ in V. 1104, P. 823. All in Section 24, Township 45 North, Range 6
West, Town of Grand View, Bayfield County, WI]
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
Mike Furtak spoke in support again stating this has been in operation since 1982
and has since grown. It has been a huge benefit for the Towns of Grand View
and Cable. It has also helped out the County at one point. The owner would like
to start cleaning up the property, crush the cars and have them hauled out and
then shut down the business.
Discussion ended.
F. Marc Jelich / Michael OConnell (Iron River) – (after-the-fact) multiple
residences on a parcel that cannot be subdivided [a 8.0–acre parcel (Tax ID#
19260) described as part of the SW ¼ of the NW ¼, in V. 652 P. 211
(conversion), lying S of cntr line of E Long Lake Rd, in Section 11, Township 47
North, Range 8 West, Town of Iron River, Bayfield County, WI. Property is zoned
F-1]
Marc Jelich spoke in support explaining that in 1995 they purchased this
property and thought they purchased 15 acres. Jelich and O’Connell both built
houses and there are permits on file for both. It has now been found that there is
only 8 acres and it cannot be subdivided. My friend would like to sell his house,
so we have to apply for a CUP.
Discussion ended.
G. Town of Cable / Karl Kastrosky (Cable) – 5 primitive campsites (EIA waved
by ZC 1/17/19) [a 26.0-acre parcel (Tax ID# 9408), described as the NE ¼ of the
SE ¼; less the W 25 rods, in V. 363 P. 164, in Section 13, Township 43 North,
Range 8 West, Town of Cable, Bayfield County, WI.]
Karl Kastrosky & Kathy Zeulsdorff spoke in support. There will be five walk-in
only campsites that will be first come first serve. Parking area for vehicles and a
fee tube with rules listed. Each site will have a tent pad large enough for one
large tent or two small tents and a picnic table.
Discussion ended.
8. Adjournment of Public Hearing:
Pocernich made a motion to adjourn, Zepzcyk seconded. Motion carried.
Adjourned at 4:44 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:44 pm.
10. Roll Call: Pocernich, Rondeau, Silbert, Strand and Zepczyk –all present.
Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA,
and Krystal Hagstrom - Secretary.
11. Business:
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
A. G Fred Barnes / Mike Furtak (Barnes) – (after-the-fact) short term rental (2-4
units) [a 2.28-acre parcel (Tax ID #1747), described as parcel in Govt Lot 4 in
V.464 P.168, Section 9, Township 44 North, Range 9 West, Town of Barnes,
Bayfield County, WI]
Schierman stated there is a letter of support from James Brakken and it is
indicated there is compatibility with the Town comp plan and recommend
approval. There are two septic systems on the property with 800-gallon tanks.
Strand motioned to approve with the conditions of 1] limit to 6 people per
unit, 2] no parking on Lake Rd, 3] quiet times from 11 pm to 8 am, 4] no fireworks
allowed except they would be permitted on July 4th annually, based on Town
Board recommendation. Zepzcyk seconded. No further discussion. Motion
carried.
B. Superior Living Arts, LLC / Katherine D R Hayes Revocable Trust / Annalisa
Bermel (Bayfield) – EIA [a Parcel #1 (Superior Living Arts) is a 17.64-acre
parcel (Tax ID# 36302), Doc #2018R-571586; described as Lot 2 of CSM# 1773
in V. 10 P. 258; Doc #2011R-541700; and Parcel #2 (Hayes) is a 19.09-acre
parcel (Tax ID# 36301), Doc #2018R-572105; described as Lots 1 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #3 (Hayes) is a 42.09-acre
parcel (Tax ID# 36303), Doc #2018R-572105; described as Lots 3 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #4 (Hayes) is a 33.87-acre
parcel (Tax ID# 36304), Doc #2018R-572105; described as Lots 4 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700, All [located in part of the (SW of the NW);
the (NW of the SW); and Gov’t Lot 3 and Gov’t Lot 4]; in Section 23, Township 50
North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Pocernich motioned to approve based on that it conforms with Zoning.
Silbert seconded. No further discussion. Motion carried.
C. Superior Living Arts, LLC / Katherine D R Hayes Revocable Trust / Annalisa
Bermel (Bayfield) – EIA [a Parcel #1 (Superior Living Arts) is a 17.64-acre
parcel (Tax ID# 36302), Doc #2018R-571586; described as Lot 2 of CSM# 1773
in V. 10 P. 258; Doc #2011R-541700; and Parcel #2 (Hayes) is a 19.09-acre
parcel (Tax ID# 36301), Doc #2018R-572105; described as Lots 1 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #3 (Hayes) is a 42.09-acre
parcel (Tax ID# 36303), Doc #2018R-572105; described as Lots 3 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700; and Parcel #4 (Hayes) is a 33.87-acre
parcel (Tax ID# 36304), Doc #2018R-572105; described as Lots 4 of CSM #1773
in V. 10, P. 258; Doc #2011R-541700, All [located in part of the (SW of the NW);
the (NW of the SW); and Gov’t Lot 3 and Gov’t Lot 4]; in Section 23, Township 50
North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Silbert asked if they are voting on all 4 phases, Schierman answered yes.
Silbert then asked if the height of the cabins are going to be an issue with
Zoning. Schierman stated no.
Silbert motioned to approve based on Town Board Approval, relative
public input and community and general welfare with the condition the Town
Board stated (Town Conditions: 1] that the Brownstone Trail be preserved by way
of a perpetual easement to Landmark Conservancy including any areas of the
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
trail on this property not currently covered by such easement, 2) that the Lighting
and Soundscape Plan outlined in the application materials be followed as
presented and apply to the entire planned development, 3) that the rules and
regulations for guests remain consistent with those described in the application
materials, and 4) that the lodging dwellings proposed in the plan be used
exclusively by users of the retreat center and not the general public. Zepczyk
seconded. Schierman stated the applicant would like the last condition be re-
worded.
Pocernich motioned to suspend the rules and allow public comment.
Silbert seconded. Motion carried.
Bermel stated they meet with their legal and they suggested that the
condition be re-worded as is. The goal is to control who is coming to the property
and the legal thinks that is too vague.
Pocernich motioned to suspend the rules and allow public comment.
Zepczyk seconded. Motion carried.
Jack Beagan, Town of Bayfield Plan Commission, stated they do not
want these to turn into short-term rentals. Bermel agrees with Jack and all guests
that come to the center will be registered guest. Silbert would like the wording to
stay as is. Schierman added there are numerous letters of support and there is
Town Board approval and complies with comp plan. No further discussion.
Motion carried.
D. Robert Walters (Grand View) – (after-the-fact) EIA [Parcel #1 is a 17.40–acre
parcel (in part of Tax ID# 37935) described as that portion in the NW ¼ of the NE
¼ in V. 456, P.159; less hwy and less that part described in V.1104, P. 821; Use
is not allowed on the portion zoned R-2; and Parcel #2 is a 35.60-acre parcel
(Tax ID# 36705) described as the W ½ of the W ½ of the NE ¼; in V. 301, P. 317;
less parcel described in V.1104, P.821. Parcel #3 is a 5.0-acre parcel (Tax ID#
36709) described as a parcel in the SE ¼ of the NE ¼ in V. 1104, P. 823. All in
Section 24, Township 45 North, Range 6 West, Town of Grand View, Bayfield
County, WI]
Pocernich motioned to approve. Zepzcyk seconded. No further
discussion. Motion carried.
E. Robert & Marlys Walters / Mike Furtak (Grand View) – (after-the-fact)
salvage yard (after the fact) [Parcel #1 is a 17.40–acre parcel (in part of Tax
ID# 37935) described as that portion in the NW ¼ of the NE ¼ in V. 456, P.159;
less hwy and less that part described in V.1104, P. 821; Use is not allowed on
the portion zoned R-2; and Parcel #2 is a 35.60-acre parcel (Tax ID# 36705)
described as the W ½ of the W ½ of the NE ¼; in V. 301, P. 317; less parcel
described in V.1104, P.821. Parcel #3 is a 5.0-acre parcel (Tax ID# 36709)
described as a parcel in the SE ¼ of the NE ¼ in V. 1104, P. 823. All in Section
24, Township 45 North, Range 6 West, Town of Grand View, Bayfield County,
WI]
Schierman stated there is no Town Board approval. No letters of support or
opposition. This is a needed service. The Committee should entertain a surety
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
bond incase the County gets stuck with this property. Other Counties have
suggested $50,000 bond.
Pocernich motioned to suspend the rules and allow public input. Silbert
seconded. No further discussion. Motion carried.
Furtak explained there is no DOT permit in place and yes, the applicant will apply
for one. There are a few cars within 500 feet of the waterway further than 300
feet away. Strand asked about the R-2 zoning. Schierman answered only the
driveway is in the R-2 district.
Strand motioned to approve with the conditions as follows, 1] for the F-1
and Ag-1 zoned areas only, 2] obtain a DOT license within 9 months, 3] a bond of
$50,000 be secured by June 1, 2019, based on zoning and relative public input.
Zepzcyk seconded. Strand amended his motion to include 4] for current owner
only or for 10-year duration, whichever comes first. Zepzcyk seconded. No
further discussion. Motion carried.
F. Marc Jelich / Michael OConnell (Iron River) – (after-the-fact) multiple
residences on a parcel that cannot be subdivided [a 8.0–acre parcel (Tax ID#
19260) described as part of the SW ¼ of the NW ¼, in V. 652 P. 211
(conversion), lying S of center line of E Long Lake Rd, in Section 11, Township
47 North, Range 8 West, Town of Iron River, Bayfield County, WI. Property is
zoned F-1]
Schierman stated there are no letters of support or opposition and there is Town
Board approval and compatible with comp plan.
Pocernich motioned to postpone until there is a certified survey map
submitted. Silbert seconded. Pocernich amended motion that a survey be
submitted. Silbert seconded. No further discussion. Motion carried.
G. Town of Cable / Karl Kastrosky (Cable) – 5 primitive campsites (EIA waved
by ZC 1/17/19) [a 26.0-acre parcel (Tax ID# 9408), described as the NE ¼ of the
SE ¼; less the W 25 rods, in V. 363 P. 164, in Section 13, Township 43 North,
Range 8 West, Town of Cable, Bayfield County, WI.]
Schierman stated there is no Town Board approval but it is the Towns request
and don’t think they will deny their own request.
Strand motioned to approve the five campsites that are walk-in only
contingent upon compliance with County Health and State licensures and DATCP
ATCP 79, based on community welfare. Pocernich seconded. No further
discussion. Motion carried.
H. Michelle Maiwald (Mason) – home based business (bicycle; motorcycle;
small engine / ATV; snowmobile repair [after-the-fact]) [a 4.02-acre parcel
(Tax ID #21237), described as SE ¼ of the SW ¼ N of Tn Rd in V.1105 P.550,
Section 19, Township 46 North, Range 5 West, Town of Kelly, Bayfield County,
WI]
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ZC Planning and Zoning Public Hearing and Meeting – February 21, 2019
Tracy Pooler explained he found this small engine repair in the garage of their
house. No close neighbors and on a dead-end road, no waterways. Schierman
stated there is no Town Board approval
Pocernich motioned to postpone. Silbert seconded. No further
discussion. Motion carried.
I. James M Giles (Hughes) – (after-the-fact) hobby farm (1 animal unit) [a 5.08-
acre parcel (Tax ID #18607), described as a parcel in Govt Lot 3 in V.942 P.914,
Section 23, Township 47 North, Range 9 West, Town of Hughes, Bayfield
County, WI]
Tracy Pooler explained the owner inherited some chickens and egg laying ducks
and two goats. The Town postponed as the applicant was not there to answer
questions.
Zepczyk motioned to postpone until there is Town Board approval.
Strand seconded. No further discussion. Motion carried.
J. Committee members discussion regarding matters of the planning and
zoning department.
After-the-fact fees were discussed. Metallic mining was discussed. Merritt and
forestry issue was discusses.
12. Monthly Report
Schierman stated there are 13 land use issued same as last year. 2 sanitary
which is 7 behind last year. And $7,452 fees collected.
Silbert motioned to receive and place on file, Zepczyk seconded. No
further discussion. Motion carried.
13. Adjournment
Rondeau called adjournment at 5:41 pm.
Prepared by KMH on 2/22/2019; given to RDS 2/22/2019
Approved by RDS on 2/26/2019
Sent to ZC on 2/26/2019
Final Approval on 3/21/2019
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2019/#2 February