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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 7/18/2019 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JULY 18, 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, 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 – No comments 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the June 20, 2019 meeting. Strand motioned to approve as presented. Zepczyk seconded. No further discussion. Motion carried. 5/0 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. Donalee & Ardath Kennedy, owner & Jenna Galegher, agent (Bayfield) – multiple residences (ATF) [a .24-acre parcel (Tax ID# 5034) in V. 639, P.151, described as Lot 1 of CSM #870 (Doc # 418097), Section 27, Township 50, Range 4 W, Town of Bayfield, Bayfield County, WI in R-RB zone] Donnalee Kennedy, owner, spoke in support explaining she loves the area. Her house is currently for sale and there is a sale pending contingent upon the approval to use the property as a vacation rental. Discussion ended. B. Joseph & Laurie Merz (Bell) – rezone from Ag-1 to R-1 [a 1.99-acre parcel (Tax ID #7229) described as a parcel located in the NE ¼ of the NE ¼, in Doc# 2018R-575559, Section 4, Township 50 North, Range 6 West, Town of Bell, Bayfield County, WI, shoreland zone] Schierman spoke explaining this is a 2 acre parcel that was created in 1970 prior to zoning. Applicants had the property surveyed and they cannot meet the current zoning setback, rezoning it to R-1 would allow to meet the setback and be able to build a modest cabin. Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 Discussion ended. C. Brian Kenny (Hughes) – multiple structures [a 4.25–acre parcel (Tax ID# 18514), described as a parcel located in Gov’t Lot 4, Doc# 2019R-577440, in Section 15, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI in R-1 zone] Brian Kenny spoke in support, stating he and his wife would like to put in a manufactured home and new septic and live there full time. One existing cabin / bunkhouse will be tore down. Discussion ended. 8. Adjournment of Public Hearing: Silbert made a motion to adjourn, Zepczyk seconded. Motion carried. 5/0 Adjourned at 4:16 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:16 pm. 10. Roll Call: Pocernich, Rondeau, Silbert, Strand and Zepczyk –all present. Others present were: Director-Rob Schierman, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. 11. Previous Business (F) Marc Jelich / Michael O’Connell (Iron River) – multiple residence on a parcel that cannot be subdivided (posted 2/21/2019) Silbert motioned to suspend the rules and allow public comment. Zepczyk seconded. No further discussion. Motion carried. 5/0 Marc Jelich spoke in support stating there was a survey of the property and they would agree to any conditions placed (no additions, etc.) to get this approved as Michael would like to sell his cabin. Schierman explained this parcel cannot be subdivided. Structure on the parcel is in violation as it is only a foot from the property line. They have a couple options, relocate the cabin to a compliant location, or buy property from the neighbor to be able to meet setbacks. Silbert asked if Schierman can pursue a resolution of the violation with or without a motion form the Committee? Schierman answered yes. Silbert would like to postpone till a later date contingent upon proof the cabin is moved. Schierman stated that leaves this open ended. Zepczyk suggested to purchase more land. Schierman stated they couldn’t come to terms with the neighbor. This is also on a heated slab so moving it would be rather expensive. Zepzcyk stated again the best solution would be to move the cabin. Then you can approve this conditional use application. What kind of a slab? Jelich stated it has a heated slab in the concrete. A-frame houses. Strand asked if both structures were currently permitted? Schierman stated yes. Strand if one was moved would they need permits? Scheirman yes. There is already Town Board approval for both structures. Strand if this is denied they still need to come into Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 compliance. Zepzcyk suggested the neighbor buys that cabin and add it to his land. Silbert stated they should be in compliance even though it is an unfortunate situation. Silbert motioned to postpone decision until they can show the cabin has been either moved or they have purchased additional land. Zepzcyk seconded. Schierman has a concern that this is open ended. Silbert amended motion to give them 3 months to find out if adjacent land owner would sell property. Zepczyk seconded. Amended motion failed. 2/3 (Silbert & Zepczyk – in favor. Pocernich, Strand, & Rondeau – opposed.). Original motion failed. 2/3 (Silbert & Zepczyk – in favor. Pocernich, Strand, & Rondeau – opposed.). Strand motioned to deny, based on zoning requirements and not in compliance with zoning ordinance. Pocernich seconded. Pocernich asked what happened in 1996 and why are we here talking about this. Schierman stated in 1996 it was represented wrong, Don Morgan went out there according to his inspection notes, and he doesn’t know how the building and property line was represented. Silbert asked how this violation will be taken care of. Strand stated the department would have to take corrective action. No further discussion. Motion carried. 5/0 12. Business: A. Donalee & Ardath Kennedy, owner & Jenna Galegher, agent (Bayfield) – multiple residences (ATF) [a .24-acre parcel (Tax ID# 5034) in V. 639, P.151, described as Lot 1 of CSM #870 (Doc # 418097), Section 27, Township 50, Range 4 W, Town of Bayfield, Bayfield County, WI in R-RB zone] Schierman stated there is Town Board approval and it does comply with comp plan. No letters of support or opposition. Strand motioned to approve ATF multiple residences for 2 rentals only based on Town Board Approval, that it meets the Comprehensive Plan, and economic welfare. Pocernich seconded. No further discussion. Motion carried. 5/0 B. Joseph & Laurie Merz (Bell) – rezone from Ag-1 to R-1 [a 1.99-acre parcel (Tax ID #7229) described as a parcel located in the NE ¼ of the NE ¼, in Doc# 2018R-575559, Section 4, Township 50 North, Range 6 West, Town of Bell, Bayfield County, WI, shoreland zone] Schierman stated there was some miscommunication with the Town Board. He spoke with them this afternoon and they asked that the Committee send it back to them so they could act on this again. Silbert motioned to send back to Town Board. Zepczyk seconded. No further discussion. Motion carried. 5/0. C. Brian Kenny (Hughes) – multiple structures [a 4.25–acre parcel (Tax ID# 18514), described as a parcel located in Gov’t Lot 4, Doc# 2019R-577440, in Section 15, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI in R-1 zone] Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 Schierman stated there is Town Board approval and it meets the Town’s comp plan. No letters of support or opposition. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and the cabin to be removed within One (1) year. Zepczyk seconded. No further discussion. Motion carried. 5/0 D. Dale & Jane Finch (Cable) – private garage in commercial zone [a 1.934-acre parcel (Tax ID #8824), described as a parcel in Govt Lot 3 in Doc 2019R-576408, Section 17, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Pocernich motioned to suspend the rules and allow public comment. Zepczyk seconded. No further discussion. Motion carried. 5/0 Mike Furtak, agent for Dale Finch, spoke in support stating the property was purchased and cleaned up. This is in an area with other storage such and mini- storage, boat storage, etc. He would just like to build a pole building to use as residential storage as he is from out of State. This will not be a commercial use. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan. Zepczyk seconded. No further discussion. Motion carried. 5/0 E. Town of Bayfield (Bayfield) – trailhead in Ag-1 zone/shoreland [a 20.16-acre parcel (Tax ID #4502), described as a parcel in the NW ¼ of the NE ¼ in 2016R- 566286, Section 11, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI.] Schierman stated the Town would like to put in a 4,000-foot gravel parking area to access trails. People are currently parking on the side of Myers-Olson Rd and it is not safe. The Town recommended approval of their own request. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, and general welfare and economic impacts. Pocernich seconded. No further discussion. Motion carried. 5/0 F. Discussion and possible action regarding cervid study committee recommendation report Strand motioned to suspend the rules and allow public comment. Silbert seconded. No further discussion. Motion carried. 5/0 John Gilbert, Biologist, discussed concerns and resolutions for CWD. (See exhibit A) Strand explained the Cervid Report clearly documents the need for Bayfield County to act promptly to keep Bayfield County CWD-free. We need to take pro- active actions to keep CWD from entering the County by the movement of live cervids into the County. The County Board referred Cervid Report recommendation # 3, 4 & 5 to us for our review and recommendations. I will be Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 making 3 motions on this referral. Recommendation # 3 is for Bayfield County to develop and implement a captive cervid fencing ordinance. Strand motioned to move to recommend the County Board implement recommendation # 3 by creating and adopting a County Ordinances that would, 1] Require all existing captive cervid operations to comply with the States fencing standards 2] Require an annual fence inspection of all captive cervid operations, and 3] Require all new captive cervid operations to comply with the State fencing standards and implement one of three additional secondary fencing requirements listed in the Cervid Report. Silbert seconded. No further discussion. Motion carried. 5/0 Recommendation # 4 is for Bayfield County to develop and implement a captive cervid importation ordinance. Strand motioned to recommend the County Board implement recommendation # 4 by creating and adopting a County Ordinance that would require all live cervids imported into the county to, 1] Come from a herd enrolled in the State Herd Status Program 2] Have a State Certificate of Veterinary Inspection, and 3] Come from a location that is not within 10 miles of a known positive CWD detection within the last 5 years. Pocernich seconded. No further discussion. Motion carried. 5/0 Recommendation # 5 is for Bayfield County to develop a list of conditions which may be required when granting a conditional use permit (CUP) for the citing of a new captive cervid operation in the County. Strand motioned recommend the County Board implement recommendation # 5 by creating a list of conditions, including those listed in the Cervid Report, which the Planning and Zoning Committee may require then granting a conditional use permit (CUP) for the citing of a new captive cervid operation. Pocernich seconded. No further discussion. Motion carried. 5/0 G. Discussion and possible action regarding health department and DNR well regulations Schierman explained he reached out to Sarah from the Health Department and has not heard back from her yet. H. Committee members discussion regarding matter of the planning and zoning department Silbert asked about the “motion carried” in the minutes. Doesn’t indicate who was in favor or opposition. Schierman spoke in regard to the public comment section of the meeting and stated the Committee does not have to suspend rules for the applicant to introduce their application. 13. Monthly Report Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – July 18, 2019 Schierman noted the department took in $245,696.38 which is $13,000 more than last year at this time. 239 land use permit which is 16 more than last year. 50 sanitary permits, 8 less than last year. $13 million dollars’ worth of projects. Pocernich motioned to receive and place on file, Zepczyk seconded. No further discussion. Motion carried. 5/0 14. Adjournment Rondeau called adjournment at 5:10 pm. Prepared by KMH on 7/19/2019; given to RDS 7/19/2019 Approved by RDS on 7/19/2019 Sent to ZC on 7/19/2019 Final Approval on 8/15/2019 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2019/#7 July