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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/17/2021 Page 1 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JUNE 17, 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 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 Strand stated there may be a person in attendance that would like to speak on a business item if we would entertain allowing them to speak. 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. Sara Dougherty Sole Property Trust (Iron River) – rezone rom F-1 to R-RB [a 40-acre parcel (Tax ID #18914), described as SE ¼ of the NE ¼ Document 2016R- 562354, Section 2, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Sara Dougherty spoke on behalf of the request. She is trying to get a permit to add on to existing structure which many years ago was issued a building a permit and the previous owners did not build where they were supposed to, and they do not meet setbacks. Hired a surveyor and it was confirmed they don’t, so they are trying to get a rezone to be able to add on. Rondeau asked if anyone would like to speak in favor. No one spoke. Rondeau asked if anyone would like to speak in opposition. No one spoke. Discussion ended. B. Robert Anderson Sr. (Barnes) – (AFT) second residence on a parcel in Ag-1 [a 3.5–acre parcel (Tax ID# 1499), described as a parcel in Gov’t Lot 3 in Doc #2021R-588020, in Section 5, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Robert Anderson JR, spoke on behalf of the request, stating this is a primary residence in Barnes. In 2001 he applied for a permit to build a residence. Moved the old residence to be a bunkhouse. It wasn’t followed through as far as the Page 2 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 requirements for that permit and recently decided to make this a bunkhouse for people to stay in to care for his father. In the meantime, started fixing it up and to supplement his income decided to maybe rent it out here and there and then realized there are no permits for it. Have been working with Mr Pooler to bring things into compliance and since this he has taken ownership and would like to make things right. Rondeau asked if anyone would like to speak in favor. No one spoke. Rondeau asked if anyone would like to speak in opposition. No one spoke. Discussion ended. C. Jeffrey & Eileen McCutcheon (Kelly) – second residence on a parcel in Ag-1 zone [a 25-acre parcel (Tax ID# 21331) described as N 25A of NW ¼ of the SE ¼ in V.904 P.289 Section 22, Township 46, Range 5 West, Town of Kelly, Bayfield County, WI] Eileen McCutchen spoke on behalf of the request, moving a 24’ x 24’ 1.5 story cabin on the property to be able to have room for farm hands to be able to keep the farm going while her husband is deployed as a merchant marine. Theis would be a year-round residence. She has had a lot of medical issues so its best there is someone there to check in on her. Rondeau asked if anyone would like to speak in favor. No one spoke. Rondeau asked if anyone would like to speak in opposition. No one spoke. Discussion ended. D. Robert Hartman (Bayfield) – EIA and expansion of public, commercial campground in F-1 zone [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼ TOG with ease in V.972 P.866 (Doc #2007R-514548), Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Robert Harman spoke on behalf of the request, looking to expand existing 2-unit campground to 4-unit campground which conducts short term rentals. One yurt and a wall tent. Successful farm business with the short-term rentals and would like to add a third unit. Rondeau asked if anyone would like to speak in favor. No one spoke. Rondeau asked if anyone would like to speak in opposition. No one spoke. Discussion ended. E. Neil & Mary Fishbaugher (Bayview) – rezone from F-2 to F-1 [Parcel #1 is a 20- acre parcel (Tax ID #37580) described as Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼), in V. 1091 P. 172, less W ½ in Doc# 2017R-567636; Parcel #2 is a 40-acre parcel (Tax ID #6868) described as Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼), in V. 1091 P. 172, both in Section 15, Township 49 North, Range 5 West, Town of Bayview, Bayfield County, WI] Rob Schierman spoke on behalf of the request, as the applicants were unable to attend. This is a property that was owned by Plumb Creek Timber Holdings and sold into private ownership without rezoning. F-2 does not allow for residential Page 3 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 development, but F-1 does and the Fishbaugher’s are requesting that change to allow for residential development. Rondeau asked if anyone would like to speak in favor. No one spoke. Rondeau asked if anyone would like to speak in opposition. No one spoke. Discussion ended. 7. Adjournment of Public Hearing: Ray made a motion to adjourn, Silbert seconded. Motion carried. Adjourned at 4:14 pm. 5/0 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:14 pm. 9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk –all present. Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. 10. Previous Business: (G) Gabriel’s Family Restaurant / Lane Eliason (Iron River) – Operate a firework stand in Commercial zone (tabled 5/20/21) 11. New Business A. Sara Dougherty Sole Property Trust (Iron River) – rezone rom F-1 to R-RB [a 40-acre parcel (Tax ID #18914), described as SE ¼ of the NE ¼ Document 2016R- 562354, Section 2, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Schierman stated that there is no notice of Town Board approval but did receive notice by text from the Town chair that it has been approved. Strand is troubled that the future land use plan for the Town if forest limited residential and none of the adjacent properties are R-RB so he views as spot zoning. Ray shares strands concerns and asks how many potential housing units if R-RB and it is lakeshore property. Schierman stated properties immediately adjacent are RRB and a legal lot in RRB is 2/3 of an acre. Silbert is there a more appropriate than RRB. Schierman asked how close is the building to property? Sarah stated 40 feet and the addition is on the South side. Schierman stated RRB is 10 feet but there are others that required larger areas with greater setbacks. Strand is concerned about rezoning whole area maybe rezone a small portion. Schierman stated like the north half or like the North half of the North half. Norwood stated R-3 is 2 acres minimum and 20-foot setback. Schierman stated the NW ¼ of the NW1/4 would encompasses the area where the house is. Silbert asked if we can do this. Schierman said he believes so. It would be the NW1/4 of the NW ¼ of the SE 1/4 of the NE ¼ Section 2 Township 47 Range 8. Silbert asked Sarah if that would work, and she said yes as long as it doesn’t delay getting a building permit. Ray asked if the applicant if they contacted the Forestry department to modify a property line. Sarah stated they actually did a survey, and they were going off the Page 4 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 forestry line when it was logged. Ray stated there is a process where you can adjust the property line with a land swap. Sarah stated that would be excellent. Silbert motioned to approve the zoning district map amendment for Sarah Dougherty siting that 10 acres that is the, Rob stated the legal as: NW ¼ SE ¼ of the NE ¼ Section 2 Township 47 Range 8 West Town of Iron River based on Town Board recommendation, and community or general welfare. Strand seconded. Ray points out that it is lakeshore and while he believes Sarah is not interested in developing that area that change in zoning will go forward with the property after this ownership and looking at spot zoning in middle of County Forest. No further discussion. Motion carried. 5/0 B. Robert Anderson Sr. (Barnes) – (AFT) second residence on a parcel in Ag-1 [a 3.5–acre parcel (Tax ID# 1499), described as a parcel in Gov’t Lot 3 in Doc #2021R-588020, in Section 5, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman stated there is Town Board approval and it was reviewed with comprehensive plan and future land use plan since the application is ATF they ok’d. No letters. Strand is troubled with the disregard of the ongoing violation for so long paying after the fact fees does not justify the disregard the laws. Strand motioned to deny the current request and require the applicant to secure an after the fact permit for the unpermitted addition to the subject structure and to abide by the original conditions of the permit issued in 2001. Ray seconded. Strand stated if the applicant wished to pursue a second residence for either a family residence or for short term rental that they correct and abide by the original permit that was issued they could proceed with that at a future time. No further discussion. Motion carried.5/0 C. Jeffrey & Eileen McCutcheon (Kelly) – second residence on a parcel in Ag-1 zone [a 25-acre parcel (Tax ID# 21331) described as N 25A of NW ¼ of the SE ¼ in V.904 P.289 Section 22, Township 46, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman stated Town of Kelly recommends approval and reviewed with comp plan and that septic and well are adequate to support more capacity. They septic is sized appropriately and is code compliant. Silbert motioned to approve the CUP for McCutcheon multiple residences based on Town Board recommendation and community and general welfare and economic impacts and zoning ordinance and any other applicable laws. Ray seconded. No further discussion. Motion carried. 5/0 D. Robert Hartman (Bayfield) – EIA and expansion of public, commercial campground in F-1 zone [a 40-acre parcel (Tax ID #5530), described as NE ¼ SE ¼ TOG with ease in V.972 P.866 (Doc #2007R-514548), Section 24, Township 51 North, Range 5 West, Town of Bayfield, Bayfield County, WI] Schierman stated Bayfield sent recommendation and reviewed with comp plan and recommend approval the plan commission and town board have reviewed request and recommend approval. No letter of support or opposition and if committee could Page 5 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 include receiving and placing on file the EIA. Silbert asked if there was another project not specified. Schierman stated they are expanding from 2-4 but starting with 1 immediately and adding a fourth site later but it would have to be compliant with ATCP 79. Silbert asked about health department. Schierman stated he would think so. Ray motioned to accept the EIA for Robert Hartman campground proposal and place it on file and we based on Town Board recommendation and community welfare approve the permit. Zepczyk seconded. Strand noted that it must ATCP 79 code. Rondeau asked if ok with motion, Ray said yes. Rondeau asked if ok with second, Zepczyk said yes. No further discussion. Motion carried. 5/0 E. Neil & Mary Fishbaugher (Bayview) – rezone from F-2 to F-1 [Parcel #1 is a 20- acre parcel (Tax ID #37580) described as Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼), in V. 1091 P. 172, less W ½ in Doc# 2017R-567636; Parcel #2 is a 40-acre parcel (Tax ID #6868) described as Northeast Quarter of the Southwest Quarter (NE ¼ SW ¼), in V. 1091 P. 172, both in Section 15, Township 49 North, Range 5 West, Town of Bayview, Bayfield County, WI] Schierman stated Bayview recommends approval and reviewed with comp plan and state as long as they are following zoning rules they approve. Ray stated you don’t hear that often from the town of Bayview. Ray motioned to approve request of Fishbaugher rezone from F-2 to F-1. Silbert seconded. Ray noted that as a former Town chair of Bayview knows the Town has occurred a lot of expense and difficulties maintaining roads to remote properties such as this and we have properties beyond this property that they are already requiring town road services. It’s a frustration that we have options for F-1 or F-2 so we either have no housing out there and its woodlands or we have up to possibly 8 houses on a 40-acre parcel so a possible future discussion item on whether our zoning code can be addressed such that remote parcels such as this maybe its ok to have one residence but it’s just really problematic back country zoning for the County I believe. No further discussion. Motion carried.5/0 F. Rebecka Nicoletti (Port Wing) – mobile home in unincorporated village overlay district and to allow a 1-unit short-term rental in R-4 zone [ 3.1-acres parcel (Tax ID# 28550) described as a parcel in NE ¼ of the NE ¼ Document 2020R-586031 Section 32, Township 50, Range 8 West, Town of Port Wing, Bayfield County, WI] Schierman stated Becky is here. Rondeau told her to introduce the project. Rebecka stated they are putting in a modular home for daily weekly rental or maybe permanent rental depending on how things go. They asked the town to give us permission, but they would put water and sewer in they said we would be responsible for some of the stuff, but they would have to do the water. Schierman stated the town recommended disapproval and commented that there is a concern over negative effects over adjacent landowners which he finds problematic cause it is a residence in a residential zone. It is a 2003 manufactured house and the only reason we are reviewing it because it is a manufactured home, and it feels not quite rights because of once choice in a house. It is not a pre-76 home. Maybe the ordinances have language that is antiquated. Silbert asked if the objection is to the mobile home or the short-term rental. Schierman stated speculation as to potential Page 6 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 future uses. Rebecka stated there are rumors that they will turn it into a mobile home park or RV camp, but they have no intentions of that. It’s just one home not 50. Schierman stated the ordinance would require a rezone and CUP to proceed with a campground or RV park. Strand asked if approved it would need to be connected to city water and sewer. Schierman answered yes. Strand moves to approve the application based on compliance with zoning district, with the following conditions: 1. The space between the bottom of the mobile house and the ground must be enclosed within 6 months. 2. And the facility must be connected to city sewer and city water. Silbert seconded. No further discussion. Motion carried. 5/0 G. Robert & Andrea Hinton (Iron River) – residential garage in commercial zone [0.5-acre parcel (Tax ID# 19082) described as a parcel in NE ¼ of the SE ¼ Document 2020R-585027 Section 7, Township 47, Range 8 West, Town of Iron River, Bayfield County, WI] Schierman stated the agent it here. Mike Furtak stated this is a current slab there and a house and a small building used as an office. Most recently an insurance agency. Back in the day Bill Lindsay had a taxidermy shop there but it was torn down. Now the new owner would like to use the slab to build a garage which meets setbacks but in a Commercial zone and used for mostly storage of personal items and maybe some commercial items if there is a business is located in the other building, which is a permitted use. Schierman stated this is from Town of Iron River and we didn’t get the mail but the town chair text and recommended approval. Ray motioned to approve the permit for Mr. Hinton to place a garage on this lot and based on the Town board recommendation and community welfare. Zepczyk seconded. No further discussion. Motion carried. 5/0 12. Other Business H. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the April 15 & May 20 meeting. Rondeau stated the first set of minutes are from the April 15th meeting. Ray commented that Ms. Kristle regrets submitting with all detail but believes it should say without all details. Silbert stated in the motion for the Kristle water the numbers were listed numerically, and he pulled them off of the sheet, so the numbers are off. He would like that clarified for the record. Schierman noted that Perry was the secretary for that meeting. Silbert also noted that the spelling for Hintz is wrong and needs correction. Rondeau asked if anyone would like to make a motion. Silbert will make that motion with those corrections. Ray seconded. No further discussion. Motion carried. 5/0 (note: the correction suggestion made my Ray is incorrect and was left as is on the April 15, 2021, minutes) Rondeau stated the minutes are from the May 20th meeting. Ray motion to approve with amendments. Zepczyk seconded. Ray stated at the end it states that there is no one available to take minutes tape was shut off Page 7 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 and not turned back on at the motion to go into closed session, yet we have minutes from the closed session. Schierman stated he struck that, but we are having problems with saving these minutes. Krystal made changes and did not stick, I made changes and they did not stick. I took that out of there because I turned off the tape and I took the minutes, and the minutes are in the folder. Ray stated good that is see that it is struck in the official record. Motion carried. 5/0 I. Discussion and Possible Action regarding questions posed by Town of Namakagon Schierman as you know the Town of Namakagon have had discussions they provided questions they wanted answered. Mark and Schierman took some time and provided answers for some of the questions. Giving to the Committee to review and respond to. 5-minute break Strand stated #9 is part of the concerns from department not committee. Schierman stated maybe but we do post all our permits are posted on website. Strand stated that should be added. Rondeau stated some may be from the BOA because he gets asked all the time where the pink slip is. Strand stated we do not issue pink slips for BOA. Schierman added that the two standards of notification have been blurred. Hard to separate their concerns especially since he has provided evidence that BOA notifications have been sent out well in advance. Rondeau stated they have to be sent out the next day after the meeting. Schierman stated yes. Silbert added that these responses are reasonable Rob has acted with care and cooperation with all the Townships and hopes this can be resolved. Rondeau and Ray stated they have never been missing a pink slip when one was needed because they go to the plan commission first. Ray asked if there was a court case with the same name as on of the supervisors of the Town, yes. Rondeau stated there is a lot going on out there cause it is in the middle of nowhere. J. Discussion possible action regarding possible violations on Todd Bonney’s recently approved Special Use Permit Schierman stated there is an email of concern that came from an adjacent property owner that was shared with the Committee. Strand asked if there is documentation of the items in the email. Schierman stated yes DNR and CCAP. Strand Motion to suspend rules and allow public comment. Silbert seconded. No further discussion. Motion carried. 5/0 Sara Nevens spoke thanking the Committee for listening. Bring to the attention of the Committee that she has been in contact with the DNR Amy Egstad and Amy pointed out the tickets on CCAP and there is a default judgement on two of them and an upcoming court date on two more for too big of fire and illegal fires. There was supposed to be a response by June 11th and there has been no response. Todd Bonney spoke in rebuttle by stating that Sara is saying that he is destroying beaver habitat. This isn’t beaver habitat; it is an irrigation pond that was put in 50 years ago and it is a man-made structure as long as ok by DNR and water specialist Steve LaValley just wrote a letter today saying this is ok to take irrigation pond Page 8 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 down in small portions. Burning permits, yes, he had a fire that was too big. He was sited because there was a stump that was still burning the next day. Did not know the requirements for a burning permit. This structure was a house, was built 100 years ago and was a log home. All the shingles and drywall went in dumpsters and hauled off and the logs got burnt. He’s not hiding it from anyone, it is right on the side of the State highway. He did get 4 tickets, first one was too big, second for not being at the fire, but that is not what happened cause there was a stump that was still smoldering, smoke no ash or flames. Two weeks later again the logs from the log home and there was a log that was still smoldering. He makes sure the fires are extinguished before he leaves. As far as his permit goes, he is trying to make the conditions, but he can’t until the place is cleaned up. The equipment needs to go behind the building but first he needs to clean out the junk from behind the building. He is about 80 % cleaned up and is trying to conform to the conditions of the permit. The external lighting is what was original and once he puts up new ones, they will conform to the conditions but won’t take lighting off since he needs lights. He has cleaned up the property and trying to clean up the junk, how is that unhealthy, he is trying to make this look good for the scenic byway. Rondeau stated he will close public comment. Silbert stated whether or not Mr. Bonney intended to sidestep the conditions of the law, he did. On the permit it stated not to burn the construction materials which would include the logs. They may have been treated. Was there a timeline for screening? As long as he is making effort. Just ask Mr. Bonney to do a better job. Ray stated with respect, he was thinking in the terms of DNR, and they allow burning clean wood so as long as it is an old home this is not considered demolition material. Ray is familiar with site and has paid attention and has been pleasantly surprised that the site is organized. Not surprised he got a citation for a smoldering log. Strand stated as a committee this should go back to the department to investigate complaints regarding zoning permit. Zepczyk stated if he bought a piece of property with garbage it is expensive to do so, and he applauds him for doing so. What would we do, take away his permit? Schierman stated a letter would be written and if continued violations then permit would be taken away. Norwood stated he has driven by and noticed clean up of property but has not seen the fires since they are typically at night. Silbert stated he would agree with Strand that he would like this investigated. The burning regulation and restrictions came from the Town Plan Commission and is for the common good. Rondeau asked if everyone is ok with the Zoning Department keep an eye on this and everyone said yes. Bonney commented that the Washburn warden was the one that ok’d the burning of the logs from the house. K. Committee members discussion regarding matters of the Planning and Zoning Department No comments. 13. Monthly Report Schierman stated the department collected $165,504 in fees which is up $46,597 from last year. 92 permits in May which 73 more than last year. 20 more sanitary permits from last year and $18 million dollars with or projects have been permitted. Page 9 of 9 ZC Planning and Zoning Public Hearing and Meeting – June 17, 2021 Silbert motioned to receive and place on file, Zepczyk seconded. No further discussion. Motion carried. 5/0 14. Adjournment Rondeau called adjournment at 5:23 pm. Prepared by KMH on 6/22/21 & 7/8/21; given to RDS, DAK & ZC 7/8/21 Approved by RDS Final Approval on 7/15/21 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2021/#6 June