HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 4/15/2021Page 1 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
APRIL 15, 2021
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00
pm.
2. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk – all present.
Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Perri
Campbell – Acting Secretary
3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the
certified mailing receipts.
4. Public Comment of Items Not on the Agenda – 3 minutes per citizen
No one spoke
5. 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.
6. Public Hearing:
A. No. Two Septic Pumping and Excavating Inc/Les & Chris Dykstra (Kelly) – reclamation
Plan. [Property is an Ag-1 zoning district; a 34.91–acre parcel (Tax ID# 21441) described
as part of the NE ¼ of the NE ¼, in Doc# 2018R-572647, Section 28, Township 46 North,
Range 5 West, Town of Kelly, Bayfield County, WI].
Schierman explained that these items will be delayed due to no reclamation plan being
submitted by the engineer and the town will not meet on it until the following week due to
statutory requirements.
Rondeau asked if anyone wished to speak in support and then opposition. No one spoke.
Discussion ended
B. No. Two Septic Pumping and Excavation Inc/Les & Chris Dykstra (Kelly) – nonmetallic
mine in Ag-1 Zoning District. [Property is an Ag-1 zoning district; a 34.91–acre parcel (Tax
ID# 21441) described as part of the NE ¼ of the NE ¼, in Doc# 2018R-572647, Section
28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI].
Schierman stated this is the conditional use for nonmetallic mine in which cannot be acted
on without a reclamation plan.
Rondeau asked if anyone wished to speak in support. No one spoke.
Rondeau asked if anyone wished to speak in opposition.
Eileen McCutcheon spoke against all items A-D and said that this type of operation is
detrimental to the Town of Kelly, roads and its residents and does not belong in an Ag-1
Zoning district.
Discussion ended
Page 2 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
C. No. Two Septic Pumping and Excavation Inc/Les & Chris Dykstra (Kelly) – reclamation
plan. [Property is an Ag-1 zoning district; a 40–acre parcel (Tax ID# 21443) described as
NW ¼ of the NE ¼ in Doc# 2018R-572647, Section 28, Township 46 North, Range 5 West,
Town of Kelly, Bayfield County, WI].
Schierman stated we do not have the reclamation plan just as stated with the previous one.
This one is on an adjacent property and covers the operation.
Rondeau asked if anyone wished to speak in support. No one spoke.
Rondeau asked if anyone wished to speak in opposition.
Eileen McCutcheon stated she was in opposition. No one else spoke.
Discussion ended
D. No. Two Septic Pumping and Excavation Inc/Les & Chris Dykstra (Kelly) – nonmetallic
mine in Ag-1 Zoning District. [Property is an Ag-1 zoning district; a 40–acre parcel (Tax
ID# 21443) described as NW ¼ of the NE ¼ in Doc# 2018R-572647, Section 28, Township
46 North, Range 5 West, Town of Kelly, Bayfield County, WI].
Schierman explained that these items will be delayed due to no reclamation plan.
Rondeau asked if anyone wished to speak in support. No one spoke.
Rondeau asked if anyone wished to speak in opposition.
Eileen McCutcheon stated she was in opposition. No one else spoke in opposition.
Discussion ended
E. Carla Burst/John Loeffelholz (Russell) – 2-Unit short term rental in R-RB Zoning District
consisting of the Main Residence (40’ x 36’) and Tiny House (16’ x 10’). [Property is an R-
RB zoning district (w/wetlands); a 40–acre parcel (Tax ID# 29156), described as NE ¼ of
the SE ¼, Doc# 2005R-498240 in V. 642 P. 311 and V. 914 P. 721, Section 18, Township
51 North, Range 4 West, Town of Russell, Bayfield County, WI].
Carla Burst spoke on behalf of the request and explained that the units are “tiny homes”
which she believes is a good thing for the area and will bring more visitors in.
Claudia Burst stated she is in favor of the proposal. No one else spoke in support.
Rondeau asked if anyone wished to speak in opposition. No one spoke.
Discussion ended.
F. Kristle Majchrzak/Robert Glau (Clover) – irrigation facility (w/underground Tanks) in R-
RB zoning district consisting of a water collecting facility where tanker trucks will fill from
underground tanks supplied by an artesian well and the water will then be taken off site for
bottling and sale. [Property consists of two (2) parcels. Parcel #1 is an R-RB zoning district
(shoreland zone) a 22-acre parcel (Tax ID#11517) in V. 577 P. 298, described as the NE
¼ of the NW ¼, less V. 467 P. 361 and Parcel #2 is an R-RB zoning district (w/wetlands);
a 17.82–acre parcel (Tax ID# 11518), described as a parcel in the NE ¼ of the NW ¼ in
Doc# 2020R583561 less Hwy ROW), both in Section 10, Township 50 North, Range 7
West, Town of Clover, Bayfield County, WI].
Page 3 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
Kristle Majchrzak spoke on behalf of the request. She explained she listened very
carefully to everything that has been said and posted online regarding her application. She
is sensitive to all the questions and concerns and will address all the concerns with her
engineering firm, the University of MN and any other experts who may be necessary to
address all the questions everyone has. She regrets submitting her application with all the
details but will submit everything in a timely fashion for everyone to consider, prior to
making a decision at the next meeting. She is working on getting on the next meeting
agenda (May 20th). She respectfully requests the committee to table the matter until
everything can be heard in full and make recommendations at that time.
No one spoke in support.
The following people spoke in opposition:
Linda Nguyen, representing the Red Cliff Band of Lake Superior Chippewa Indians
Max Lindsey, representing a group of landowners in the Town of Clover.
Also:
Patty Carpenter
Charlotte Strecker
Larry Fickbohm
Sandy Gokee
Frank W McGuire
Katherine Morrisseau
Melis Arik
Marvin Defoe
Dana Churness
Tom Galazen
Tristen Kern
Bev Steele
Max Karl
Discussion ended.
G. Gary Hove/Mary K LaPointe & Eric Martinez (Bell) – multiple residences on a parcel
and 3-unit short term rentals in R-1 zoning district [consisting of the Main Residence (28.7’
x 40.6”) with irregular deck (48’ x 38+-) and 2-Unit Garage (28.6 x 30.6” with 8’ x 8’
bathroom). [Property consists of two (2) properties. Parcel #1 is an R-1 zoning district
(shoreland zone); a 0.44–acre substandard parcel (Tax ID# 7440), described as a parcel
South of Rd in Gov’t Lot 1 in Doc# 2021R--586328, and Parcel #2 is an R-1 zoning district
(shoreland zone); a 1.40-acre parcel (Tax ID# 7452), described as the E 175’ of Gov’t Lot
2 South of TN RD in Doc# 2021R-586328, both in Section 20, Township 50 North, Range
6 West, Town of Bell, Bayfield County, WI].
Eric Martinez spoke on behalf of his request. Gave history of property and gave
description of each structure (cabin (1940’s), bunkhouse and upper level) with amenities
and noted which are handicap accessible.
Rondeau asked if anyone wished to speak in support and then opposition. No one spoke.
Discussion ended.
H. B & W Bayfield LLC/Ben Baldwin (Russell) – construct multiple unit development to be
used as 3-unit short-term rental/vacation rentals in F-1 zoning district consisting of each
structure will be constructed as a 1-Story / (3) Bedroom Residence (24’ x 26’) with Porch
Page 4 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
(6’ x 24’). [Property is a Forestry-1 zoning district; a 35.84–acre parcel (Tax ID# 29088),
described as part of the NW ¼ of the SW ¼, lying W & S of Co Trk K in Doc# 2020R-
581195, in Section 11, Township 51 North, Range 4 West, Town of Russell, Bayfield
County, WI]. EIA requirement(s).
Ben Baldwin stated they want to establish 3 short-term rentals that would be overlooking
Raspberry Bay (Raspberry Island/Lighthouse). He and his family request to set up the
rentals and to take vantage of the view and to see what develops from there.
Rondeau asked if anyone wished to speak in support and then opposition. No one spoke.
Discussion ended.
I. Delta Lodge Expandable Condominium/Eintheo LLC/Brandon Engholm (Delta) –
expand Condo plat and expand multiple unit development from (18 units to 20 units) in R-
RB Zoning district. [Property expansion consists of three (3) parcels. Parcel #1 is an R-
RB zoning district (shoreland zone w/wetlands); a 2.90–acre parcel (Tax ID# 35820), Doc#
2020R-584492; described as Lot 2 of CSM# 1688, (Doc# 2010R-531753) in V. 10 P. 61;
in Section 7, Township 46 North, Range 7 West. Parcel #2 is an R-RB zoning district
(shoreland zone); a 0.79–acre parcel (Tax ID# 35912), Doc# 2020R-584493; described as
Lot 2, CSM# 1740 (Doc# 2011R-537774) in V. 10 P. 182; and Parcel #3 is an R-RB zoning
district (shoreland zone); a 1.08–acre parcel (Tax ID# 35913), Doc# 2020R-584493;
described as Lot 3, CSM# 1740 (Doc# 2011R-537774) in V. 10 P. 182; both parcels are in
Section 18, Township 46 North, Range 7 West, all parcels are in Town of Delta, Bayfield
County, WI]. EIA requirement(s).
Andy Eispanier spoke on behalf of the project. He stated he and Marilyn purchased the
lodge 31 yrs ago, approximately ten years ago they applied for an expandable
condominium (identifying (3) lots at that time to be folded into the condominium) and he is
asking now to do that.
Rondeau asked if anyone wished to speak in support and then opposition. No one spoke.
Discussion ended.
7. Adjournment of Public Hearing:
Zepczyk made a motion to adjourn, Ray seconded. Motion carried. Adjourned at 5:06
pm.
RECESS
8. Call to Order of Planning and Zoning Committee Meeting:
Rondeau called the meeting to order at 5:13 pm.
9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk –all present.
Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Perri
Campbell-Acting Secretary.
10. Previous Business:
A. Milo Properties LLC/Lori Raven (Barnes) – rezone property from R-2 to R-1 (tabled
3/18/2021). [Property is (Tax ID #2168) described as the W 200’ of the W 600’ of NW ¼ of
the NE ¼ S & W of Tn Rd in Doc # 2020R-584278, Section 19, Township 44 North, Range
9 West, Town of Barnes, Bayfield County, WI from R-2 to R-1]. (* Note: parcels within one
thousand (1,000) feet landward of the ordinary high-water mark of navigable lakes, ponds or flowages or within
Page 5 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
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 the Town asked to have time to look at this item to give town input and
they still have not sent town board recommendation.
Motion by Zepczyk and seconded by Ray to table until the next meeting. Strand requested
that it go no longer than the next meeting for a decision. Ray questioned Schierman if there would
be any hardship that would be created by tabling for another month. Schierman explained the
parcel is too small to meet setbacks; so, that is what they are trying to do is rezone so the property
owner can use their property to build on. Variance would be the other option, but it shouldn’t be
sent for variance when it can be addressed as a rezone in a residential area.
Lori Raven spoke by phone and indicated that the Town of Barnes had unanimously
approved the request at their meeting Tuesday night and asked if they did not get the info
to the county. Schierman stated correct. Schierman indicated that he was surprised that
he did not receive one. He doesn’t have that form so he can’t represent knowing what the
town’s intention is.
No Further Discussion. Motion carried.
E. Great Divide Ambulance Service/Trevor Provost (Cable) – ambulance building (with
sleeping quarters) in Commercial Zoning District (tabled 3/18/2021). [Property is a .96-
acre parcel (Tax ID #38429), described as Lot 1 of CSM #2162 in V.12 P.351 (located in
Lots 2 and 3 Block 6 Assessors plat No.2), Section 18, Township 43 North, Range 7 West,
Town of Cable, Bayfield County, WI]
Schierman reported that he now has town board recommendation of approval. The town
reviewed it with their comprehensive plan. No letters of support or opposition. Rondeau
stated where this building would be going (old Runamuk bldg.).
Strand moved to approve based on the town board, consistency with the comprehensive
plan, and community welfare, seconded by Zepczyk to approve. No Further Discussion. Motion
Carried.
11. New Business
A. No. Two Septic Pumping and Excavating Inc/Les & Chris Dykstra (Kelly) – reclamation
plan. [Property is an Ag-1 zoning district; a 34.91–acre parcel (Tax ID# 21441) described
as part of the NE ¼ of the NE ¼, in Doc# 2018R-572647, Section 28, Township 46 North,
Range 5 West, Town of Kelly, Bayfield County, WI].
B. No Two Septic Pumping and Excavating Inc/Les & Chris Dykstra (Kelly) – nonmetallic
mine in Ag-1 zoning district. [Property is an Ag-1 zoning district; a 34.91–acre parcel (Tax
ID# 21441) described as part of the NE ¼ of the NE ¼, in Doc# 2018R-572647, Section
28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI.]
C. No Two Septic Pumping and Excavating Inc/Les & Chris Dykstra (Kelly) – reclamation
plan. [Property is an Ag-1 zoning district; a 40–acre parcel (Tax ID# 21443) described as
NW ¼ of the NE ¼ in Doc# 2018R-572647, Section 28, Township 46 North, Range 5 West,
Town of Kelly, Bayfield County, WI].
D. No Two Septic Pumping and Excavating Inc/Les & Chris Dykstra (Kelly) – nonmetallic
mine in Ag-1 Zoning district. [Property is an Ag-1 zoning district; a 40–acre parcel (Tax ID#
21443) described as NW ¼ of the NE ¼ in Doc# 2018R-572647, Section 28, Township 46
North, Range 5 West, Town of Kelly, Bayfield County, WI].
Page 6 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
Schierman asked with all due respect if the Committee Chair would like to take action on
the (4) items (A-D). He asked the Committee to postpone until next month so the
appropriate documentation and another public hearing can be done.
Strand motioned to postpone items A, B, C & D until the May meeting, seconded by
Zepczyk. No Further Discussion. Motion carried.
E. Carla Burst/John Loeffelholz (Russell) – 2-Unit short-term rental in R-RB zoning district
[consisting of the Main Residence (40’ x 36’) and Tiny House (16’ x 10’)]. [Property is an
R-RB zoning district (w/wetlands); a 40–acre parcel (Tax ID# 29156), described as NE ¼
of the SE ¼, Doc# 2005R-498240 in V. 642 P. 311 and V. 914 P. 721, Section 18, Township
51 North, Range 4 West, Town of Russell, Bayfield County, WI].
Schierman reported that the application was reviewed at the Town of Russell meeting, it
is consistent with the Town’s Comprehensive Plan and recommend approval with a note:
Carla Burst application will help with additional logging for visitors to help with the economic
development within the town, the town supports the efforts of home-based businesses—
this development has density similar to other housing in the area, this development does
not adversely impact the rural character of the town. No letters of opposition or support.
Ray motioned to approve based upon town recommendation, community general welfare
and economic impact of the proposal, seconded by Silbert to approve the application. No
Discussion. No Further Discussion. Motion carried.
F. Kristle Majchrzak/Robert Glau (Clover) – irrigation facility (w/underground tanks) in R-RB
zoning District [consisting of a water collecting facility where tanker trucks will fill from
underground tanks supplied by an artesian well and the water will then be taken off site for
bottling and sale]. [Property consists of two (2) parcels. Parcel #1 is an R-RB zoning
district (shoreland zone) a 22-acre parcel (Tax ID#11517) in V. 577 P. 298, described as
the NE ¼ of the NW ¼, less V. 467 P. 361 and Parcel #2 is an R-RB zoning district
(w/wetlands); a 17.82–acre parcel (Tax ID# 11518), described as a parcel in the NE ¼ of
the NW ¼ in Doc# 2020R583561 less Hwy ROW), both in Section 10, Township 50 North,
Range 7 West, Town of Clover, Bayfield County, WI].
Silbert stated seeing how the engineering report goes back to 2018 the applicant
has sufficient time to present information to the community. He made motion to deny the
application on the following basis:
1. Zoning Ordinance and all other applicable laws.
2. Lack of Consistency with the Town Comprehensive Plan (spoke about town goal
#6, #7)
3 Consideration of the town board who denied it. Chairman came and spoke against
it
4. Consistency with the County Comprehensive Plan (gave (2) quotes)
5. Relevant Public Input.
Schierman stated 64 letters of opposition none in support
Silbert stated many of the emails were quite articulate and had a lot of data (he
read Red Cliff’s response for public input)
6. Consideration of the Department Files, Report and Site Specifics (he read part of
a document dated April 12; a study that was done in 2018 from MSA)
8. Community or General Welfare and Economic Impact, or in this case the lack
thereof (no jobs, not complimentary to other residents or adjacent people
/landowners, and no benefit to the community)
11. Existing topographical, drainage features and vegetative cover (show explicit
wetlands and stream on the property)
14. Location of the site with respect to existing and future access roads
Page 7 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
17. Impact of proposed use on the other lands and land uses in the vicinity in the extent
to which would be compatible or incompatible.
He gave (2) quotes. One from the MSA (i.e., pond) and the other was an adjacent
landowner Claire Hintz (i.e., drought/groundwater).
Seconded by Ray. No Further Discussion. Motion carried.
G. Gary Hove/Mary K LaPointe Hove and Eric Martinez (Bell) – multiple residences on a
parcel to be used as 3-Unit short term rentals in R-1 zoning district [consisting of Main
Residence (28.7’ x 40.6”) with irregular deck (48’ x 38+-) and 2-Unit Garage (28.6 x 30.6”
with 8’ x 8’ bathroom)]. [Property consists of two (2) properties. Parcel #1 is an R-1 zoning
district (shoreland zone); a 0.44–acre substandard parcel (Tax ID# 7440), described as a
parcel South of Rd in Gov’t Lot 1 in Doc# 2021R--586328, and Parcel #2 is an R-1 zoning
district (shoreland zone); a 1.40-acre parcel (Tax ID# 7452), described as the E 175’ of
Gov’t Lot 2 South of TN RD in Doc# 2021R-586328, both in Section 20, Township 50 North,
Range 6 West, Town of Bell, Bayfield County, WI].
Schierman reported he did not receive anything from the town which is a little troubling
because a mailing was sent out to the town a couple months ago and it came back as never
picked up/not accepted; so, he doesn’t know what is happening with the town’s
communication. No letters of opposition or support.
Silbert asked if the application has any problems. Schierman stated he doesn’t see any
issues. Norwood explained existing cabin, garage with bunkhouse. The upper level of the
garage will be finished off, it won’t add to any buildings on the property as far as impervious
surface, they have a modern functioning holding tank that is connected to by a licensed
plumber. Rondeau asked if it is approved if Norwood would check on it once in a while.
Norwood stated yes. Silbert questioned parking. Norwood stated they have a fairly
decent size driveway in front of garage and setback pretty far from the road (shouldn’t be
any problem for the number of rentals proposed).
Silbert stated he could make a motion but asked if it is critical to get town board. Rondeau
stated Schierman noted that we are having trouble getting input. Schierman noted the town
didn’t sign the certified mailing on the ordinance amendments from the previous month
(there is a break in communication that he can not explain). Silbert questioned tabling.
Schierman stated he would like to keep things moving. If there are issues maybe you can
make it with the applicants (if ok with the applicants) for the current property owner only.
Motion by Silbert, based upon community, general welfare and economic impacts
of the proposal (bring in more visitors to the area), conditioned that it stays with the current
owners only, seconded by Strand. Ray questioned why a bunkhouse was processed and
now requesting living space upstairs.
Zepczyk motioned to suspend the rules, seconded by Ray. Motion carried.
Eric Martinez answered several questions from the zoning board. (lower-level bunkhouse
is part of rental that is handicap accessible, upper level (loft) recently decided to make it a
rental otherwise it’s just an empty space for storage). Ray questioned for consistency in
the zoning process and why a bunkhouse pursued versus living space. Martinez stated it
was a garage and we decided recently to make it living space. Ray talked about other
requests being denied or shunted into a bunkhouse process rather than living space.
Martinez stated a recent medical concern and may cause them to use the structure for
living. Norwood explained that the upper level was initially going to be used for a
studio/office area and now probably changed due to the health concerns and what they
want to do as they get older. Ray questioned if the conditional use goes with property.
Schierman stated it goes with the property unless it is specified in the motion.
Page 8 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
Public Comments closed.
Silbert questioned if adjacent property owners were notified and stated no one objected.
Schierman stated yes, correct.
No Further Discussion. Motion Carried.
H. B & W Bayfield LLC/Ben Baldwin (Russell) – construct multiple unit development to be
used for 3-Unit short-term rentals in F-1 zoning district. Each structure will be constructed
as a 1-Story / (3) Bedroom Residence (24’ x 26’) with Porch (6’ x 24’). [Property is a
Forestry-1 zoning district; a 35.84–acre parcel (Tax ID# 29088), described as part of the
NW ¼ of the SW ¼, lying W & S of Co Trk K in Doc# 2020R-581195, in Section 11,
Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]. EIA
requirement(s).
Schierman reported there is a recommendation from the Town of Russell and they
reviewed with their comprehensive plan (it is consistent) recommends approval with the
following: density does not conflict with the towns overlay district alternative development
ordinance; helps with additional lodging to help with economic development; the plan unit
development capitalizes on the unique view (vistas of Lake Superior and the Apostle
Islands); density is similar to other housing; and does not impact the rural character.
Schierman reminded the Committee an EIA needs to be received and placed on file.
Ray questioned setbacks/bldg. envelope being locked in through the permit action or will a
certified survey be needed. Schierman stated the applicant is more restricted to the county
open space requirements (no more than 3 units in an agricultural zoning district). Each unit
in F-1 which this is will require 4 ½ acres of open space per unit and then needs to be
recorded in the Reg of Deeds Office. A certified survey is an easy tool to capture the
requirements/visuals and is recorded in the Reg of Deeds Office. Ray commented on the
way the applicant has the units concentrated on the property. Schierman noted this will
only be a 1 lot CSM, if there was more than 1 lot it wouldn’t need to be addressed by
Committee. Silbert questioned if the 36-acre MUD would need to be surveyed.
Schierman stated this would be a 1 lot CSM for a 3-unit MUD and will be a permanent
record at the Reg of Deeds Office. Silbert questioned well and septic being across the
road. Ray noted the narrative states just the well is across the road. Schierman stated he
didn’t think any septic has been issued and wells we don’t regulate-they are not our
jurisdiction.
Motion by Silbert to approve based on towns comprehensive plan, approval of the town
board recommendation, community or general welfare and economic impact and a certified
survey map be done to capture and verify the open space acreage required, seconded by
Zepczyk. Strand questioned the EIA acknowledgment and placing on file. Silbert added
that to the motion and Zepczyk seconded. No Further Discussion. Motion carried.
I. Delta Lodge Expandable Condominium/Eintheo LLC/Brandon Engholm (Delta)
expand Condo plat and expand multiple unit development from (18 to 20 units) in R-RB
zoning District. [Property expansion consists of three (3) parcels. Parcel #1 is an R-RB
zoning district (shoreland zone w/wetlands); a 2.90–acre parcel (Tax ID# 35820), Doc#
2020R-584492; described as Lot 2 of CSM# 1688, (Doc# 2010R-531753) in V. 10 P. 61;
in Section 7, Township 46 North, Range 7 West. Parcel #2 is an R-RB zoning district
(shoreland zone); a 0.79–acre parcel (Tax ID# 35912), Doc# 2020R-584493; described as
Lot 2, CSM# 1740 (Doc# 2011R-537774) in V. 10 P. 182; and Parcel #3 is an R-RB zoning
district (shoreland zone); a 1.08–acre parcel (Tax ID# 35913), Doc# 2020R-584493;
described as Lot 3, CSM# 1740 (Doc# 2011R-537774) in V. 10 P. 182; both parcels are in
Section 18, Township 46 North, Range 7 West, all parcels are in Town of Delta, Bayfield
County, WI]. EIA requirement(s).
Page 9 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
Schierman reported that nothing had been received from the Town. He stated this is the
3rd time Mr. Einspanier has come before the Committee (original project, expansion and
now to pull 2 additional units in). The applicant is adding to the open space, adding to the
total area of the project by incorporating 3 CSM lots and asking for 2 additional units.
Strand questioned if the town previously approved. Schierman responded the town has
supported each time this has come before them. He reminded the Committee that the EIA
needs to be incorporated into the motion.
Strand moved to receive and place on file the EIA and to approve the application based
on previous town board approval, consistency with the County’s comprehensive plan,
community welfare and economic impact, seconded by Zepczyk. No Further Discussion.
Motion carried.
J. Vanderploeg Properties Inc/Michael Furtak (Cable) – residence in commercial / convert
2nd Story to a short-term rental. [Property is (Tax ID #37937), described as Unit 1, Cable
Main Street Condo together with common elements, Section 18, Township 43 N, Range 7
W, Town of Cable, Bayfield County. WI.
Furtak reported the applicant currently own a 2-unit condominium that incorporates this
property. One of the units is scheduled for sale (Byrd’s) with a contingency that the 2nd
floor curio shop be converted to a short-term rental. Property was once a bar with living
quarters. He stated a parking issue came up at the plan commission meeting. It was
decided if events (i.e. Birkie, Fat Tire) or a storm is predicted (i.e. snow plowing) the
tenant(s) will need to park at Ms. Byrd’s curio shop a half a block down. It is on city sewer
and a private well. He stated it had been approved by the Town Board at their meeting last
night and it meets the land use plan. This decision will run with the property.
Schierman stated the Town of Cable reviewed with their comprehensive land use plan and
recommended approval with conditions; must have upstairs and downstairs exits, no
parking on road during inclement winter weather. No letters in support or opposition.
Rondeau reiterated it was a bar with living quarters and he, the town or plan commission
didn’t have an issue with it.
Silbert asked for clarification of previous owner and new owner and if use goes with the
property. Furtak stated the property will be sold tomorrow if this use is approved.
Moved to approve by Ray based on consideration of dept. file report and community,
general welfare and impact of the proposal, seconded by Zepczyk to approve the application. No
Further Discussion. Motion carried.
12. Other Business
K. No minutes had been presented in the packets and will therefore be postponed until next
month.
L. Committee Members discussions
Ray stated that he would like the irrigation definition an Agenda Item at a future meeting.
Schierman stated that he would be working with Corporation Council before the next
meeting in regard to the issue.
Silbert would like some input when Corp is consulted to discuss the very idea of
commodifying the water resources whether to permit under some regulation or prohibit it
as a matter of value/law.
Page 10 of 10
ZC Planning and Zoning Public Hearing and Meeting 04/15/2021
Zepczyk spoke about previous history regarding bottling water, and it was shot down.
Silbert stated City of Washburn was also presented with the idea of harvesting water from
the flowing well and they categorically denied it unanimously.
13. Monthly Report / Budget and Revenue
Schierman gave the revenues and permit fees to date as well as the sanitary permits issued.
Motion by Zepczyk, seconded by Ray to receive the report and place on file. Motion
Carried.
14. Motion to Move into Closed Session
Motion by Ray, seconded by Zepczyk to move into closed session at 5:54 p.m. Motion
carried by roll call vote. Ray-yes, Rondeau-yes, Silbert-yes, Strand-yes and Zepczyk-yes.
Committee and Schierman remained in the room.
Prepared by PGC on 4/28/2021 given to RDS 4/28/2021 & 5/5/2021(dak)
Approved by RDS on 6/16/21
Sent to ZC on 6/17/21
Final Approval on 6/17/21
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web