HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 9/16/2021
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
SEPTEMBER 16, 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, and Zepczyk – present. Strand – Absent.
Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA,
and Paige Terry- Clerk III (acting secretary).
3. Affidavit of Publication: Schierman showed the audience the affidavit of publication
and the certified mailing receipts.
4. Public Comment – None.
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. Robert Dukowitz/Grace Hogan (Bayfield) – catering business, take-out food
and culinary classes in R-RB zone/shoreland [a 0.61/1.1-acre parcel (Tax ID
#4648) (Doc# 2012R-545548), described as, Section 14, Township 50 North,
Range 4 West, Town of Bayfield, Bayfield County, WI]
Robert Dukowitz spoke on behalf of the request. He and Grace Hogan are looking
to start a small party catering business. The applicants have additional items
prepared to pursue but expect catering to take up most of their time. Dukowitz
stated he has working in restaurants his whole working life and would like to work
for his own business.
Rondeau asked three times if anyone would like to speak in support. No one
spoke. Rondeau asked three times if any would like to speak in opposition. No
one spoke.
Discussion ended.
B. Kristin Spangler (Russell) – new residence in F-1 zone and operate a (2-Unit)
short-term rental with a new and existing structure in shoreland w/wetlands
present [a 10-acre parcel (Tax ID #28933) (Doc# 2017R-570113), described as
NE 1/4 of the NE 1/4, Section 4, Township 51 North, Range 4 West, Town of
Russell, Bayfield County, WI]
Kristin Spangler spoke on behalf of the request. She is looking to build a second
structure on her property with one pre-existing structure. Spangler stated that the
dimensions of the project are accurate and follow setback requirements.
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
4:04 – Strand entered the meeting.
Rondeau asked three times if anyone would like to speak in support. No one
spoke. Rondeau asked three times if anyone would like to speak in opposition.
No one spoke.
Discussion ended.
C. Christopher Weigel & Jennifer Weigel (Bayfield) – operate a (2-unit) short-
term rental with existing structures in R-1 zone [a 7-acre parcel (Tax ID #4310)
(Doc# 2021R-590196), described as SW 1/4 of the NW 1/4, Section 1, Township
50 North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Chris Weigel spoke on behalf of the request. He explained that the previous
property owners did conduct short-term rentals out of the garage on the property,
and he is looking to continue the practice along with renting the house. A
conditional use permit current exists for the garage loft, and they are now looking
to get a permit for the house.
Rondeau asked three times if anyone would like to speak in support. No one
spoke. Rondeau asked three times if anyone would like to speak in opposition.
No one spoke.
Discussion ended.
D. D Patrick & Marlys McCullough and David & Karen Grandstrom (Barnes) –
rezone of a contiguous parcels from R1/R3 to R-1 in shoreland. McCullough
parcel is a 13.6-acre parcel (Tax ID #38249) in Doc# 424317; described as Lot 1,
CSM #2117, (Doc #2020R-581852). Grandstand parcel is a 3-acre parcel (Tax
ID# 38250) in Doc# 2021R-587787, described as Lot 2, CSM# 2117 (Doc #2020R-
581852), both parcels are in Section 17, Township 44 North, Range 9 West, Town
of Barnes, Bayfield County, WI from R-1/R-3 to R-1 [a 16.6-acre parcel (Tax IDs
#38249 and #38250), described as V. 660 Pg. 171, Section 17, Township 44 North,
Range 9 West, Town of Barnes, Bayfield County, WI]
Karl Kastrosky spoke on behalf of the request. He explained that the project
consists of a small piece of land on the lake in the Town of Barnes. A middle
section of the property had been sold, but McCullough still retained the surrounding
properties. Kastrosky informed the committee that the first 100 feet of the lake in
Barnes is zoned as R-1 and the Town’s comprehensive plan was supposed to fix
the zoning issues for the remaining properties, but the responsibility has now fallen
on the property owners. Kastrosky reported that the Town of Boards board had
not yet met but would be meeting to discuss the topic the upcoming Tuesday.
Rondeau asked three times if anyone would like to speak in support. No one
spoke. Rondeau asked three times if anyone would like to speak in opposition.
No one spoke.
Discussion ended.
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
E. A petition by Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting an
ordinance amending Sections 13-1-62 and 15-1-22, Code of Ordinances, Bayfield
County, Wisconsin.
Schierman spoke on behalf of the request. The amendment to section 13-1-62 of
the Code of Ordinances would remove the conditional use permitting process out
of the industrial zoning district for bottling plants. Schierman read the definition of
a bottling plant. The amendment to section 15-1-22 would remove the statement
from the Code of Ordinances, Sanitary Ordinance that states that the Bayfield
County Planning & Zoning Committee can hear appeals from individuals having
issues with the plumbing code. Schierman explained that the Zoning Committee
does not have that authority and such appeals need to go through the state.
Rondeau asked three times if anyone would like to speak in support. No one
spoke. Rondeau asked three times if anyone would like to speak in opposition.
No one spoke.
Discussion ended.
7. Adjournment of Public Hearing:
Silbert made a motion to adjourn the public hearing, Ray seconded. Motion
carried, 5-0. Adjourned at 4:09 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:09 pm.
9. Roll Call: Zepczyk, Strand, Silbert, Rondeau, and Ray –all present.
Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA,
and Paige Terry – Clerk III (acting secretary).
10. Previous Business:
A. David Popelka (Cable) – rezone properties from R-1 to R-4 (tabled July 15,
2021)
Schierman informed the committee that the item was tabled on July 15, 2021,
because the Town of Cable board would be meeting after the Zoning Committee.
Schierman explained that the Town of Cable board has since met and is
recommending disapproval of the application based on the lot sizing and the
Town’s Comprehensive Plan. Correspondence has also been received in
opposition of the application. Silbert asked Schierman to clarify the Zoning
Committee’s options for approving or disapproving the application. Schierman
clarified that the Zoning Committee could approve or disapprove the application,
but the Town still statutory rights to override the decision. Schierman informed the
committee that he was able to find County Board minutes from 2005 along with
certified mailing receipts and text that addresses the topic; however, no maps were
found to indicate a rezone took place. Schierman explained that the issue had
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
been reviewed with Corporation Counsel who found the process that took place in
2005 to be insufficient to indicate the property was properly rezoned.
Ray motion to deny the David Popelka request for rezone from R-1 to R-4 based
on the consideration of the town board recommendation; relevant public input;
consideration of the department file and the specifics cited by Schierman; and
location of site with respect to floodplains, waterways, rivers, and streams;
community/general welfare; and economic impacts of the proposal. Strand
seconded. Silbert informed the committee that the goals and objectives of the
Town of Cable Comprehensive Plan read “encourage development of housing
including owner and renter occupied units to accommodate all income levels, also
to accommodate individuals with families and disabilities.” Silbert explained that
after the rezone occurred a conditional use permit could mitigate any of the
problems that may be had with the proposal. Strand explained that retaining the
R-1 zone for the property would keep the property consistent with the Town’s
Comprehensive Plan. Motion carried, 4-1.
11. New Business
A. Robert Dukowitz / Grace Hogan (Bayfield) – catering business, take-out food
and culinary classes in an R-RB zoning district [a 0.61/1.1-acre parcel (Tax ID
#4648) (Doc# 2012R-545548), described as Section 14, Township 50 North,
Range 4 West, Town of Bayfield, Bayfield County, WI]
Schierman stated Town of Bayfield reviewed the application along with the
comprehensive plan and recommends approval. No other letters of opposition or
support.
Silbert motioned to approve the Robert Dukowitz/Grace Hogan application
for starting an off-site catering business, offering take-out food, and holding
culinary classes to up to six (6) people in an R-RB zoning district based on zoning
ordinances and other applicable laws, the project’s consistency with the town’s
comprehensive plan, town board recommendation, maintenance of safe and
healthful conditions in the community, the general welfare and economic impacts
of the proposal, and contingent on health department licensing. Zepczyk
seconded. Ray asked for clarification if the business would need additional
permitting should it reflect a restaurant business. Schierman explained that the
applicant does not need additional permitting but is aware of the need to do so
should they decide to pursue opening a restaurant business. Motion carried. 5-0
B. Kristin Spangler (Russell) – new residence and operate a (2-Unit) short-term
rental with a new and existing structure in an F-1 zoning district [a 10-acre
parcel (Tax ID #28933) (Doc# 2017R-570113), described as NE1/4 of the NE1/4,
Section 4, Township 51 North, Range 4 West, Town of Russell, Bayfield County,
WI]
Schierman stated town of Russell reviewed the application along with the
comprehensive plan, explaining the project is consistent with other project uses in
the immediate area and the town supports small-named businesses, and
recommends approval. No other letters of opposition or support.
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
Ray questioned if the Zoning Committee had much discretion in the approval of
short-term rental requests aside from 6-month vs 6-day options. Schierman
explained that the Supreme Court has found short-term rentals to be a residential
operation leaving the Zoning Committee very limited control over the process.
Silbert motioned to approve the Kristin Spangler application to build a new
residence and operate a (2-Unit) short-term rental with a new and existing structure
in an F-1 zoning district with wetlands present based on the project’s consistency
with the Town’s Comprehensive Plan, the town board recommendation and
contingent upon licensing from the health department. Ray seconded. No further
discussion. Motion carried, 5-0
C. Christopher Weigel & Jennifer Weigel (Bayfield) – operate a (2-Unit) short-
term rental with existing structures in an R-1 zoning district [a 7-acre parcel
(Tax ID #4310) (Doc# 2021R-590196), described as SW1/4 of the NW1/4, Section
1, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Schierman stated the Town of Bayfield reviewed the application along with the
town’s comprehensive plan and recommends approval. A few letters of opposition
have been received from the adjacent property owners.
Ray questioned if the request would be considered the same as two residences on
the property and would it be allowed under the zoning code. Schierman informed
the committee that two residences were previously approved by the Zoning
Committee for a separate CUP.
Silbert motioned to approve the Christopher and Jennifer Weigel
application to operate a (2-Unit) short-term rental with existing structures in an R-
1 zoning district based on the town’s planning commission recommendation, town
board recommendation, community and general welfare, and contingent upon
health department licensing. Strand seconded. Silbert reported that the letters
in opposition expressed concerns over potential trespassers on their property and
suggested neighbors put up signs to deter trespassers. Motion carried, 5-0
D. D Patrick & Marlys McCullough and David & Karen Grandstrom (Barnes) –
rezone of contiguous parcels from R1/R3 to R/1 in a shoreland zoning district
McCullough parcel is a 13.6-acre parcel (Tax ID #38249) in Doc# 424317;
described as Lot 1, CSM #2117, (Doc #2020R-581852). Grandstand parcel is a
3-acre parcel (Tax ID# 38250) in Doc# 2021R-587787, described as Lot 2, CSM#
2117 (Doc #2020R-581852), both parcels are in Section 17, Township 44 North,
Range 9 West, Town of Barnes, Bayfield County, WI from R-1/R-3 to R-1
Schierman reported that the application did not yet have town approval as the
Town Board would be meeting the following week. Schierman stated that this is a
common rezone application that is seen in the Town of Barnes due to the dual
zoning districts and recommended the committee entertain a motion to approve
the application based upon the Town Board’s approval to prevent hearing about
the topic at the next meeting. Rondeau questioned if Schierman saw any potential
problems with the application, and Schierman answered he did not.
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
Ray asked for clarification on lot sizing. Schierman reviewed lot sizing and
explained lot restrictions.
Strand motioned to approve the D Patrick & Marlys McCullough and David
& Karen Grandstrom application for the rezone of contiguous parcels from R-1/R-
3 to R-1 in a shoreland zoning district contingent on town board and town planning
commission’s approval based on the project’s consistency with the town’s
comprehensive plan. Silbert seconded. No further discussion. Motion carried.
5-0
E. A petition by Robert Schierman, Director of Planning and Zoning, on behalf
of the Bayfield County Planning and Zoning Committee, requesting an
ordinance amending Sections 13-1-62 and 15-1-22, Code of Ordinances, Bayfield
County, Wisconsin.
Schierman stated have one letter of support has been received from the Town of
Bayfield along with one letter of opposition from the Town of Kelly.
Silbert asked for clarification on changes that will be made to Section 15-1-22.
Schierman explained that the Planning and Zoning Committee does not have the
authority to relieve individuals of the plumbing code in the state of Wisconsin and
the changes to the ordinance would strike phrasing that would make it appear the
Zoning Committee does have this authority.
Strand commented that nearly everyone uses bottled water and that the bottled
water must come from some place. Those that use bottled water have the
responsibility to ensure the water source is protected and sustainably managed
and Bayfield County can take these actions through the conditions they place on a
CUP for a bottling plant.
After discussion and amendment, Strand motioned to forward the
ordinance amending Section 13-1-62 of the Bayfield County Code of Ordinances
to the full board with the recommendation to deny the alteration. Ray seconded.
Motion carried, 4-1. After discussion and amendment, Strand motioned to forward
the ordinance amending Section 15-1-22 of the Bayfield County Code of
Ordinances to the full board with the recommendation to approve the alteration.
Ray seconded. Motion carried, 5-0
Agenda Review and Alteration
F. Eric Bohman & Alexandra Wrobel (Barksdale) – automotive repair in an Ag-1
zoning district [a 5.66-acre parcel (Tax ID #116) (Doc# 2018R-574670), described
as SE1/4 of the NE1/4, Section 13, Township 48 North, Range 5 West, Town of
Barksdale, Bayfield County, WI]
Eric Bohman spoke on behalf of the request. He stated he is looking to start a
small automotive repair shop out of his home garage.
Schierman stated the Town of Barksdale reviewed the project along with the
town’s comprehensive plan and recommends approval stating the request
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
correlates with the town’s comprehensive plan regarding home business. No other
letters of opposition or support.
Strand questioned Bohman on the size of his garage and number of stalls.
Bohman stated the garage measures 30 x 40 feet and is a single stall garage.
Strand questioned Bohman on the intended hours of operation. Bohman
answered that the business would operate primarily by appointment only and
appointments would fall between the hours of 8:00 a.m. and 5:00 p.m. Ray asked
Bohman to explain his plans for disposing of waste. Bohman informed the
committee that metal materials would be disposed of through Chicago Iron, regular
waste and recycling would be taken care of by Waste Management, and fluids and
filters would be disposed of by Rock Waste Oil Refinery. Silbert asked how many
vehicles Bohman had room to store on the property. Bohman replied less than 10
vehicles.
Ray motioned to approve the Eric Bohman & Alexandra Wrobel application
to start up an automotive repair shop in an Ag-1 zoning district based on town
board’s recommendation, community general welfare and economic impacts of the
proposal, contingent upon hours of operation being 8:00 a.m.-5:00 p.m. on Monday
through Saturday, the operating facility is a single-stall facility, a max number of 10
vehicles are allowed to be worked on on-site at one time, vehicles being worked
on are to be parked screened away from the road, and best practices be followed
for the disposal of waste products and vehicle parts. Silbert seconded. No further
discussion. Motion carried, 5-0
G. Jennifer Neudeck (Port Wing) – a 1-Unit short-term rental (basement of
church) of residence (58 x 36) in a commercial zoning district [a 0.299-acre parcel
(Tax ID #28833) (Doc# 2021R-587781), described as Section 29, Township 50
North, Range 8 West, Town of Port Wing, Bayfield County, WI]
Norwood spoke regarding the request. He explained that the property used to be
used as an art gallery with an apartment located on the lower level. Current owners
want to capture the use of the residence in a commercial zoning district and the
lower level will continue to be used as a short-term rental while the upper level is
believed to potentially be used as a café/coffee shop.
Schierman stated the Town of Port Wing recommends approval, stating the Town
wants additional business in the town. No other letters of opposition or support.
Ray motioned to approve Jennifer Neudeck 1-Unit short term rental
(basement of church), Special Use B, of residence (58 x 36) application based on
zoning ordinances and applicable laws, the town board’s recommendation,
community general welfare and economic impact, and contingent upon licensing
from the health department. Zepczyk seconded. No further discussion. Motion
carried, 5-0
12. Other Business
H. Minutes of Previous Meeting: Rondeau stated there are no minutes from
previous meeting.
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ZC Planning and Zoning Public Hearing and Meeting – September 16, 2021
I. Discussion and Possible Action Regarding multiple unity Developments by
the American Birkebeiner Ski Foundation in the Town of Cable. Ben Popp
informed the committee that the “master plan” of the project had been finished and
delivered to the Zoning Department. The master plan includes approximately 50
units which would include a hotel, a community pool, and retail primarily centered
around the trails. Popp reviewed the history of the development of the project.
Popp stated the plan will be presented before the Zoning Committee in October.
J. Committee members discussion regarding matters of the Planning and
Zoning Department
Strand stated he would like a JMGM notice of violation update. Pooler informed
the committee that the property owners had removed a camper, bringing the total
number of campers down to the permitted number of 5. The garage on the property
had been converted to a camper and the garage door had been reinstalled. Pooler
stated he is unaware of the conditions inside the property. Necessary permits have
been obtained by the property owners; however, a deck on the property remains
too close to the water. There are some septic pumping situations on the property
which the status is unknown. Schierman stated it is a work in progress.
13. Monthly Report
Rondeau stated there is no monthly report.
The committee reviewed the submitted budget for Planning & Zoning and the Board of
Adjustment. Schierman clarified the difference between Legal Fees and Legal Fees
Specific. Ray asked if short-term rentals make up a significant portion of the department’s
workload. Schierman explained that the department experiences an increase in business
each year, significantly over the two previous years. Discussion took place regarding the
potential need for more staff in the department and the department’s legal fees.
14. Adjournment
Rondeau called adjournment at 4:55 pm.
Prepared by PAT on 9/16/21; given to RDS 9/20/21; 10/14/21
Approved by RDS on
Sent to ZC on
Final Approval on 10/21/2021
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2021/#9sept/september