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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 5/16/2019 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING MAY 16, 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 April 18, 2019 meeting. Pocernnich 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. Bill & Millies Cabin / Teri Knuese (Barnes) – rezone from R-1/R-3 to R-1 [a 25.9-acre parcel (Tax ID #2176), described as a parcel in Govt Lot 1 in V.978 P.900, Section 19, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman explained the applicant would like to rezone a portion of the 25 acres on Lower Eau Claire Lake from R-1/R-3 to R-1 to be able to facilitate a subdivision to make larger lots and to be able to reach an electrical service without an easement. Discussion ended. B. Laura Case/Thomas Boche/Lisa Harmon/Wyatt Boche (Barnes) – multiple structure/bunkhouse in R-2 zone [a 5-acre parcel (Tax ID #1168), described as N ½ of the NE ¼ of the SE ¼ , Section 1, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Laura Case, owner, spoke in support but stated the public hearing is wrong. The pole building is not a residence. They other buildings listed are the wrong size. Pooler stated there are 2 bunk houses and 2 cabins. Case corrected him and stated there are 3 bunkhouses, all under 500 sq. ft. and one residence with Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 plumbing. Schierman added there is a pole barn with a bedroom and a bathroom. Previous inspector issued without following procedures. Paul Arbetan spoke in opposition stating he owns 5 acres adjacent to this and it looks like a campground. There are multiple structures and multiple outhouses. Would like it restored to just a cabin and sheds. Discussion ended. C. Robert Hartman (Bayfield) – EIA [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼, Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Robert Hartman, owner, spoke in support the property has a garden and a yurt on it already that they rented out last year and would like to have a platform tent since the first one was so successful. Discussion ended. D. Robert Hartman (Bayfield) – (2) unit campground in F-1 zone [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼, Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Hartman had nothing more to add. Discussion ended E. Jon Sherwood/Gina Monroe (Bayfield) – EIA [a 35.7-acre parcel (Tax ID #36076), described as NW ¼ SW ¼ Lot 1 CSM#1782 in V.10 P.277, Section 15, Township 50 North, Range 04 West, Town of Bayfield, Bayfield County, WI] Jon Sherwood spoke in support that there will be 4 yurts and limited to 8 people. Minimal impact with clearing the sites, just enough to have the yurt and a parking space for one car. Discussion ended. F. Jon Sherwood/Gina Monroe (Bayfield) – (4) unit campground in R-RB zone [a 35.7-acre parcel (Tax ID #36076), described as NW ¼ SW ¼ Lot 1 CSM#1782 in V.10 P.277, Section 15, Township 50 North, Range 04 West, Town of Bayfield, Bayfield County, WI] Jon Sherwood spoke in support stating he went through the rezone process last year. Silbert asked about the $50,000 cost of construction. Sherwood stated that yurts are considered moveable, so they have zero real-estate value. Discussion ended. G. Petition to Amend Ordinance (Title 13) – creating 13-1-25A See Exhibit A Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 Schierman explained that in 1998 there was a moratorium on metallic mining in the State of Wisconsin and in 2011 it was lifted. Corporation Counsel stated our ordinance wouldn’t be defendable as it stood so we are looking to create a metallic mining ordinance. H. Petition to Amend Ordinance (Title 13) – 13-1-21, 13-1-22, 13-1-25, 13-1-41, 13-1-60, 13-1-62, 13-1-63, 13-1-102 See Exhibit B Schierman explained this goes hand in hand with the previous items. This will add the MM district to the classification list and amend the fee schedule and other items related to creating the metallic mining ordinance. It also removes the special exceptions from the BOA as it came to our attention that it is not legal to allow special exceptions. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned at 4:19 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:19 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. Previous Business: (H) Michelle Maiwald (Mason) – ATF home-based business in F-1 zone (tabled 2/21/19) [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] Schierman stated this was tabled because the TBA was not here at the time of the meeting. It has now been received and they recommend approval. Silbert motioned to approve based on Town Board Approval with a condition that fluids, junk, and equipment collected is disposed of in an environmentally sound manner in accordance with State and Federal Statutes. Zepczyk seconded. Strand stated there is no structure where this is taking place, so he would like to suggest a limit on the number of pieces of equipment that can be stored outside at one time, and with that moves to amend the motion that no more than six (6) of the items that are there for repair may be outside at any one time. Pocernich second. No further discussion. Amended Motion carried. Motion as amended. No further discussion. Motion as amended carried. 12. New Business: Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 A. Bill & Millies Cabin / Teri Knuese (Barnes) – rezone from R-1/R-3 to R-1 [a 25.9-acre parcel (Tax ID #2176), described as a parcel in Govt Lot 1 in V.978 P.900, Section 19, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI (* Note: parcels within one thousand (1,000) feet landward of the ordinary high-water mark of navigable lakes, ponds or flowages or within three hundred (300) feet landward of the ordinary high-water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater is deemed a shoreland and/or wetland zone)] Schierman stated there is Town Board approval. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan. Zepczyk seconded. No further discussion. Motion carried. B. Laura Case/Thomas Boche/Lisa Harmon/Wyatt Boche (Barnes) – multiple structure/bunkhouse in R-2 zone [a 5-acre parcel (Tax ID #1168), described as N ½ of the NE ¼ of the SE ¼, Section 1, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman stated there is no correspondence from the community but there is Town Board approval with the comment they require inspection of the septic tank and outhouse and it is not being used as a rental property. Silbert asked how many structures would be allowed? Schierman stated one residence and one bunkhouse. It is not a lake lot so not concerned with impervious surface just need to make setbacks. Silbert motioned to suspend the rules and allow public input. Zepczyk seconded. No further discussion. Motion carried. Case stated 90% of the time the property is vacant. They are all there on the three major holidays and when not a holiday there may be up to 4 people there on a weekend. This is not a permanent residence. Zepczyk motioned to approve based on Town Board Approval and leave it the way it is unless there is a problem. Pocernich seconded. Strand amended the motion that it requires after the fact fees, and no short-term rentals be allowed, and that none of the 3 dwellings / bunkhouses not attached to the septic system not exceed 500 sq. ft. Silbert seconded. No further discussion. Favor – Zepczyk, Strand, Silbert, and Rondeau. Opposed – Pocernich. Amended motion carried. Original motion as amended. Favor – Zepczyk, Strand, Silbert, and Rondeau. Opposed – Pocernich. Motion carried. C. Robert Hartman (Bayfield) – EIA [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼, Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Silbert motioned to approve. Zepczyk seconded. No further discussion. Motion carried. Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 D. Robert Hartman (Bayfield) – (2) unit campground in F-1 zone [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼, Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Schierman stated the plan commission met and recommended approval but the Town does not meet until after this meeting. Plan Commission stated the yurt currently being rented at the location and the proposed platform tent be approved but any further expansion requires another conditional use application. Pocernich motioned to approve for the two sites based on that it meets the Comprehensive Plan, and community and general welfare. Zepczyk seconded. No further discussion. Motion carried. E. Jon Sherwood/Gina Monroe (Bayfield) – EIA [a 35.7-acre parcel (Tax ID #36076), described as NW ¼ SW ¼ Lot 1 CSM#1782 in V.10 P.277, Section 15, Township 50 North, Range 04 West, Town of Bayfield, Bayfield County, WI] Strand motioned to approve as presented. Pocernich seconded. No further discussion. Motion carried. F. Jon Sherwood/Gina Monroe (Bayfield) – (4) unit campground in R-RB zone [a 35.7-acre parcel (Tax ID #36076), described as NW ¼ SW ¼ Lot 1 CSM#1782 in V.10 P.277, Section 15, Township 50 North, Range 04 West, Town of Bayfield, Bayfield County, WI] Schierman stated the plan commission met but not the Town Board. Plan commission recommended approval with the condition of no more than 4 yurts and 8 people. Pocernich motioned to approve limited to 4 yurts based on that it meets the Comprehensive Plan, and relatively low impact on environment. Strand seconded. No further discussion. Motion carried G. Petition to Amend Ordinance (Title 13) – creating 13-1-25A See Exhibit A Schierman stated there is no feedback from the Towns. Silbert motioned to recommend approval to the Full Board. Zepczyk seconded. No further discussion. Motion carried H. Petition to Amend Ordinance (Title 13) – 13-1-21, 13-1-22, 13-1-25, 13-1-41, 13-1-60, 13-1-62, 13-1-63, 13-1-102 See Exhibit B Strand motioned to recommend approval to full board. Pocernich seconded. No further discussion. Motion carried Agenda Review and Alteration Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 I. Jason Maloney/Cindy Dillenschneider (Bayview) – home-based business (design consult adaptive equipment, exhibits, facilities, assemble & shipping) in R-RB zone / shoreland [a 5.5-acre parcel (Tax ID #6428), described as N 287’ of Govt Lot 4 W RR in V.683 P.34 Section 16, Township 49 North, Range 04 West, Town of Bayview, Bayfield County, WI] Jason Maloney explained he would like a home-based business in an existing structure for design of buildings for handicap and design and manufacture a canoe paddle for people with one arm. Schierman stated there is one letter of support from Michael and Jenny Murphy, and there is Town Board approval. Silbert motioned to approve based on Town Board approval, meets the comprehensive plan, relevant public input, and community and general welfare. Pocernich seconded. No further discussion. Motion carried. J. Friends of the North Pikes Creek Wetlands Inc./Kathy Wendling (Russell) – trailhead in F-1 zone / wetlands [a 40-acre parcel (Tax ID #29458), described as NW ¼ NE ¼ Section 33, Township 51 North, Range 04 West, Town of Russell, Bayfield County, WI] Kim(?) vice president, stated they would like to make a small parking lot large enough for a school bus to turn around. Impact will be minimal as no trees larger than 6 inches in diameter will be cut. Strand motioned to approve. Zepczyk seconded. No further discussion. Motion carried. K. Desmond & Tamara Sipsas (Iron River) – sewing manufacturing for industrial filters in commercial zone / shoreland [a 1.411-acre parcel (Tax ID #20750), described as subdivision of SW all that part of Lot 1 lying N of US Hwy 2 in V.1147 P.891 Section 07, Township 47 North, Range 08 West, Town of Iron River, Bayfield County, WI] Eric Olson owner of Liberty Filtration Systems stated he would like to manufacture filtration bags for asphalt and cement plants. Schierman stated there is Town Board approval. He has heard there is a lot of support in the community. Strand asked if any equipment will be stored outside of the buildings. Olson answered no. Strand motioned to approve with the condition that no materials be stored outside of the buildings. Zepczyk seconded. No further discussion. Motion carried. L. Discussion and possible action regarding Bayfield County Health Department well proposal. Schierman stated the Health department may start permitting wells and this may be a waste of time and tax dollars as our department already needs to do an inspection when installing a septic to make sure it meets setbacks. M. Committee members discussion regarding matters of the planning and zoning department. Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – May 16, 2019 Discussion regarding short-term rentals. 13. Monthly Report Schierman stated the department took in $84,711 which is up $12,000 from last year. 72 land use permits, 49 less than last year. 12 sanitary permits which is 12 down from last year. Pocernich motioned to receive and place on file, Silbert seconded. No further discussion. Motion carried. 14. Adjournment Rondeau called adjournment at 5:21 pm. Prepared by KMH on 5/17/2019; given to RDS 5/17/2019 Approved by RDS on 5/23/2019 Sent to ZC on 5/23/2019 Final Approval on 6/20/2019 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2019/#5 May