HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 11/18/2021
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
NOVEMBER 18, 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 – present
Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA,
and Franki Gross- Secretary.
3. Affidavit of Publication: Schierman showed the audience the October affidavit of
publication and the certified mailing receipts. Published Tuesday, November 2nd and
Tuesday, November 9th, 2021.
4. Public Comment – 3 minutes per citizen
There were no comments from the public
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. James Halvorson/Michael Furtak (Iron River) - rezone a parcel from
Residential-4 to Commercial. Parcel is a 1.49-acre parcel (Tax ID #20718)
described as Lots 3-20, Block 10, Staples Addition, in Doc # 20R-585927, Section
7, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI
Mike Furtak spoke on behalf of James Halvorson. Furtak stated Mr. Halvorson’s
auto repair business is home based currently and would like to transition to a
Commercial zoning district in anticipation of expansion. Furtak showed the
Committee a map of the proposed Rezone property and surrounding area. Placed
with Secretary for record.
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.
B. Town of Clover, owner and Tracy Gillespey, Clerk (Clover) – a conditional
use permit in a shoreland with wetlands--to operate an existing campground
(wood shed, shower trailer, garbage/waste enclosure, well, sewer dump
station, auto parking, host site, toilets, boardwalks & pavilion, (12) rv sites,
(15) lakeside tents, (4) lakeside electric only and (6) wooded electric only
(loop a), and adding new expansions (consisting of: ADA compliant trailer
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
and/or modular units; toilet/shower modular trailer unit or building with men
& women toilets and showers, plus new well or modular trailer ADA
compliant water closet & shower(6) new RV sites, (1) new lakeside electric
only, (8) new wooded walk-in tents only (loop d), (1) new wooded electric only
(loop a), (11) new wooded tents (loop c), (11) new wooded tents (loop b), (1)
new wooded group camp 58 and (1) new wooded group camp 59. Property
is an R-RB zoning district; a 50.45–acre parcel (Tax ID# 11372), described as Gov’t
Lot 4 in V. 153 P. 300, less V. 114 P. 487; V. 159 P. 566; & V. 334 P. 307 in Section
4, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI. Included
in this request will be the requirement(s) of the Environmental Impact Analysis (EIA) /
reclamation plan, which will be addressed separately.
Rob Schierman spoke on behalf of the request. He stated the Town applied for a
CUP to recognize the existing non-conforming campground and expand it for a
total of 77 sites including 2 group sites. He informed the Committee that the
campground currently is connected to the Town’s Sanitary District. Schierman
said the Town requested a waiver of the EIA as allowed in Section 13-1-42.
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. Mary Sweval & John Breese (Bayfield)- conditional use permit in a shoreland
for a non-conforming multiple unit development (consisting of: (3) pre-
existing (3) habitable buildings—Residence #1 (58’ x 40’) with (40’ x 23’ deck);
Residence #2 (23’ x 25’) and #3 Cabin (20’ x 26’) converting to a Residence
with new addition and attached garage (dimension uncertain). Property is an
R-RB zoning district; a 2.06–acre parcel (Tax ID# 4597), described as a parcel in
the SE ¼ of the SW ¼, in Doc# 2017R-571198, in Section 12, Township 50 North,
Range 4 West, Town of Bayfield, Bayfield County, WI. Included in this request will
be the requirement(s) of the Environmental Impact Analysis (EIA) / reclamation plan,
which will be addressed separately.
AZA Todd Norwood spoke on behalf of the request as Kait, the applicant’s
daughter and agent hadn’t arrived yet. Norwood stated there are three buildings
on the property. The applicants live in the main house and their daughter lives in
the second. The third will be used as a guest house for visiting relatives. Expansion
will only occur in the second & third buildings. They won’t be for public use as a
business but for personal use.
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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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
D. Town of Bell, owner and Joseph Jurgensmier, agent (Bell)- After-the-Fact
conditional use permit to continue operating a restaurant (The Fish Shed)
(40’ x 24’ – 16’ in Height). Property is an R-RB zoning district; a portion of a 11.12-
acre parcel (Tax ID# 7936), described as a parcel in Gov’t Lot 2 in V. 136 P. 117;
less V.167 P.351-352, V. 225 P. 380 & Hwy V. 520 P. 102 in Section 34, Township
51N, Range 6 W, Town of Bell, Bayfield County, WI.
Jody Maier spoke on behalf of the request and stated he was there to answer
questions.
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:
Ray made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned
at 4:17 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:18 pm.
9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk – present
Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA,
and Franki Gross - Secretary.
10. Previous Business:
(A) David Popelka (Cable) - rezone properties from R-1 to R-4 (remanded back
from BOA). Parcel #1 is a 20.29-acre parcel (Tax ID #10147) in Doc #402032 (V.
569, P. 140); described as (N ½ of Block 18, Assessors Plat No. 2 (fka: SW SE,
less CSM #883 & V. 674, P. 409); Parcel #2 is a 40.37-acre parcel (Tax ID #10152)
in V. 569, P. 140; described as Block 19, Assessors Plat #2, both in Section 18,
Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI.
File Report: Schierman stated his Dept has dealt with this applicant/ application
for months with very little change. The Town of Cable had no action change due to
a 2-2 tie in voting. Strand asked if there was anything new to consider in which the
reply was no from Schierman. A man spoke up from the audience without
identifying himself. Schierman stated that was David Popelka and Rondeau
asked the Committee if they wanted to open the floor for discussion so he could
be heard on the record and the Committee declined. Mr. Popelka continued to
speak without the microphone and out of turn so discussion wasn’t recorded. Mr.
Popelka handed the Secretary a 4-page copy of the Bayfield County Board of
Supervisors’ Meeting from May 31, 2005. Ray questions when they first saw this
in which there was no reply from the Committee members because Mr. Popelka
continued to talk from the audience. Deliberation on a document/maps existence
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
occurred and Schierman stated he had been through all the files recorded
numerous time to no avail so there is no proof of the new maps existence.
Schierman stated St Croix Scenic Riverway weighed in with continuing concerns
with the idea of downsizing the lots. Silbert noted that this rezone was remanded
back by the County Board and not the Board of Adjustments as identified by the
agenda. Silbert asked if there were letters of opposition and or support.
Schierman reported 0 letters of support and 9 in opposition in the file.
Silbert moved to reject the application based on relevant public input, the
general welfare and economic impacts, and consideration of the Departmental file
report. Strand seconded. No further discussion. Motion 5-0. Motion carried.
(D) Jessica Tischer (Namakagon) – Hobby Farm in an F-1 Zone (consisting of (1)
milk cow, (1) meat cow, pigs, lamb/sheep, goats, chickens, turkeys, ducks,
geese,) Parcel is a 6-acre parcel (Tax ID #24002) (Doc# 20R-582636), described
as Par in Gov’t Lot 3, Section 16, Township 43 North, Range 5 West, Town of
Namakagon, Bayfield County, WI.
Rondeau asked Andrew Jayson if he had anything to say & if so, please state name
and speak into the microphone. Jayson stated he would like to have animals to
feed the family.
File Report: Schierman stated the Town of Namakagon responded with a
recommendation to approve the application after reconsidering the applicants
request and the approval of the Planning Committee. One adjacent landowner
expressed concern. McGreggor went on site and inspected the proposed site and
found no concerns. No other letters of support or opposition in the file.
Strand moved to approve the Hobby Farm with conditions that the permit
duration is for the current applicant only, no commercial sale of farm products-
personal use only, no more than 3 bovines, and for non bovines: no more than 2
animal unit equivalent, and installation of a below ground fence. Silbert seconded.
Strand asked Jayson how many animals he was planning on having total. Jayson
responded with no more than 3 bovine (1 dairy, 1 beef, 1 calf) 6 Pigs, 10
sheep/goats, 50 poultry. Ray asked Schierman about an animal standard and the
response was it was very complicated. Schierman was asked how many animal
units equals one chicken. Schierman said approximately 1/100 of a unit. Rondeau
asked if there was any more discussion. Motion 5-0. Motion carried.
11. New Business:
A. James Halvorson/Michael Furtak (Iron River) - rezone a parcel from
Residential-4 to Commercial. Parcel is a 1.49-acre parcel (Tax ID #20718)
described as Lots 3-20, Block 10, Staples Addition, in Doc # 20R-585927, Section
7, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI
Rondeau asked if Furtak had any more to say. Furtak was silent.
File Report: Schierman reported the Town Board recommended approval of this
Rezone. Schierman mentions the addition of a secured lot along with the auto
repair building and Silbert questions what the meaning of the secured lot is.
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
Schierman replied with the thought is for an impound lot/Sherriff’s secured lot.
No letters of support or opposition in the file.
Strand moved to approve the Rezone based on the consideration of the
Town Board Recommendation. Silbert seconded. No further discussion. Motion
5-0. Motion carried.
B. Town of Clover, owner and Tracy Gillespey, Clerk (Clover) – a conditional
use permit in a shoreland with wetlands--to operate an existing campground
(wood shed, shower trailer, garbage/waste enclosure, well, sewer dump
station, auto parking, host site, toilets, boardwalks & pavilion, (12) rv sites,
(15) lakeside tents, (4) lakeside electric only and (6) wooded electric only
(loop a), and adding new expansions (consisting of: ADA compliant trailer
and/or modular units; toilet/shower modular trailer unit or building with men
& women toilets and showers, plus new well or modular trailer ADA
compliant water closet & shower(6) new RV sites, (1) new lakeside electric
only, (8) new wooded walk-in tents only (loop d), (1) new wooded electric only
(loop a), (11) new wooded tents (loop c), (11) new wooded tents (loop b), (1)
new wooded group camp 58 and (1) new wooded group camp 59. Property
is an R-RB zoning district; a 50.45–acre parcel (Tax ID# 11372), described as Gov’t
Lot 4 in V. 153 P. 300, less V. 114 P. 487; V. 159 P. 566; & V. 334 P. 307 in Section
4, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI.
Included in this request will be the requirement(s) of the Environmental Impact
Analysis (EIA) / reclamation plan, which will be addressed separately.
Rondeau asked if there was anything to add at this time. No one spoke.
Schierman asked if the committee will address the EIA separately and Rondeau
responded with the appropriateness of addressing it first.
Ray moved to waive the EIA for the Town of Clover. Zepczyk seconded.
No further discussion. Motion 5-0. Motion carried.
File Report: Schierman stated that to no surprise the Town Board recommended
approval. Ray asked how the Department felt and Schierman replied that the
Department would like to see some conditions regarding the RV placement and
that they stay away from the eroded bank and or the lake side of the sand dunes.
Silbert motioned to approve the CUP based on Zoning ordinance and
applicable laws, consideration of the Town Board recommendation, relevant public
input, the maintenance of safe & healthful conditions, and the community & general
welfare and economic impacts of the proposal, with a condition that RVs are set
back at a minimum of 75 feet from the bank and the sand dunes. Zepczyk
seconded. No further discussion. Motion 5-0. Motion carried.
C. Mary Sweval & John Breese (Bayfield)- conditional use permit in a shoreland
for a non-conforming multiple unit development (consisting of: (3) pre-
existing (3) habitable buildings—Residence #1 (58’ x 40’) with (40’ x 23’ deck);
Residence #2 (23’ x 25’) and #3 Cabin (20’ x 26’) converting to a Residence
with new addition and attached garage (dimension uncertain). Property is an
R-RB zoning district; a 2.06–acre parcel (Tax ID# 4597), described as a parcel in
the SE ¼ of the SW ¼, in Doc# 2017R-571198, in Section 12, Township 50 North,
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
Range 4 West, Town of Bayfield, Bayfield County, WI. Included in this request will
be the requirement(s) of the Environmental Impact Analysis (EIA) / reclamation plan,
which will be addressed separately.
Rondeau asked if there was anything to be heard from Kait and Kait stated she
would be happy to answer any questions that came up during discussion.
Silbert moved to receive and place on file the EIA for Mary Sweval & John
Breese. Ray seconded. No further discussion. Motion 5-0. Motion carried.
File Report: Schierman stated there were no letters of support or opposition in
the file. The Town Board recommended approval. He also stated that the property
being reviewed contained 90,000 sq. ft., in which some can’t be considered open
space because of the existence of structures. The quoted section of Ordinance
allows for approval as presented as the subject property is served by City Sewer
and qualifies for a reduction in open space requirements. Silbert asked
Schierman what the best way to control the size & area or to limit the open space.
Schierman replied with a recommendation of 25,000 sq. ft. per unit. Ray asked if
there would be any Short-Term Rentals and Kait stated no. Schierman mentioned
all they would need to do in the future to build or alter the structures would be to
apply for a Land Use Permit.
Silbert made the motion to approve the CUP with the condition they
maintain 25,000 sq. ft. of open space per unit based on Zoning ordinance and all
other applicable laws, consideration of the Town Board recommendation,
maintenance of safe & healthful conditions, and the general welfare and economic
impacts of the proposal. Ray seconded. No further discussion. Motion 4-0. Motion
carried.
D. Town of Bell, owner and Joseph Jurgensmier, agent (Bell)- After-the-Fact
conditional use permit to continue operating a restaurant (The Fish Shed)
(40’ x 24’ – 16’ in Height). Property is an R-RB zoning district; a portion of a 11.12-
acre parcel (Tax ID# 7936), described as a parcel in Gov’t Lot 2 in V. 136 P. 117;
less V.167 P.351-352, V. 225 P. 380 & Hwy V. 520 P. 102 in Section 34, Township
51N, Range 6 W, Town of Bell, Bayfield County, WI.
Rondeau asked if Maier had any more to say. Jody spoke from the audience
stating he will answer any question that arise during discussion.
File Report: Schierman reported there were no letters of support and 2 letters
expressing concern in the file. One letter from the Marina itself regarding the
imposed quiet time adherence and the other from the Marina owners as adjacent
landowners expressing the same concern. The Town Board recommended
approval with the condition that alcohol sales be limited to before 9 PM.
Ray moved to approve the ATF CUP with the condition recommended by
the Town Board limiting alcohol sales to before 9 PM. Silbert seconded. Motion
4-1 Discussion followed due to the one opposed member. Zepczyk voiced concern
with an imposed “quiet time” and limit of alcohol sales for a restaurant by 9 PM. As
a bar/restaurant owner himself he feels like this would be an unreasonable
condition to force a restaurant to close and stop selling by 9. Ray had concerns
about there not being a sanitary connection and Schierman informed the
committee that there were no prior food sales so therefore they didn’t need to be
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
connected. Rondeau asked if all committee members understand what is being
asked and what needs to be done for approval. All committee members responded
in agreement. Ray moved to amend the prior motion to include the after 9 PM quiet
time condition and requirement they connect to the Public Sanitary. Strand
seconded. Motion 5-0. Motion carried.
E. Barbara Wittwer (Clover)- Class B Special Use for residential storage shed in
a Commercial Zone. Property is in a Commercial zoning district; a .69-acre parcel
(Tax ID# 36857), described as a parcel in Robt Bartlett Jr add to Orchard Park Lots
1 - 3 Block 8 in V.564 P.48 & 2021R-590399 in Section 05, Township 50N, Range
7 W, Town of Clover, Bayfield County, WI.
File Report: Schierman reported no letters of support or opposition in the file.
The property was formally a cheese factory with a residence and is no longer a
business just a residence and the landowner would like to have a storage shed.
Schierman has no concerns from a Departmental stand.
Ray moved to approve the Special Use Class B permit based on
consideration of the departmental file report and site specifics. Zepczyk seconded.
No further discussion. Motion 5-0. Motion carried.
F. Town of Eileen/ Marty Milanowski (Eileen)- Class B Special Use for Public &
Municipal Building (Pavillion). Property is in a AG-1 zoning district; a 1-acre
parcel (Tax ID# 37204), described as 10 RODS by 16 RODS Par in NW SW Desc
in V.167 P.304 in Section 13, Township 47N, Range 5 W, Town of Eileen, Bayfield
County, WI.
Rondeau asked if Milanowski had anything to say. Milanowski informed the
Committee of what the Town plans to do with the property. He said they intend to
create a Veteran’s Memorial and shelter. They want people to have picnics and
spend the day cooking out and enjoying the Memorial and have shelter during
inclement weather.
File Report: Schierman reported that to no amazement of the Committee the
Town Board recommended approval. He stated there were no letters of support or
opposition in the file.
Ray moved to approve the Special Use Class B application based on
consideration of the Town Board recommendation, and consideration of the
Departmental file report and site specifics, and the community welfare of the
proposal. Zepczyk seconded. No further discussion. Motion 5-0. Motion
carried.
12. Other Business
G. Minutes of Previous Meeting(s) – Rondeau stated the minutes are from the
October meeting. Schierman informed the Committee that the minutes were in
Dropbox
Zepczyk moved to approve the minutes of October. Ray seconded. No
further discussion. Motion 5-0. Motion carried.
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Planning and Zoning Committee Public Hearing and Meeting – November 18, 2021
H. Committee Members discussion(s) regarding matters of the P & Z Dept. Items
discussed were the pros & cons of EV Charging Stations and how to promote them
and still address concerns. Schierman mentioned coming up with a classification
system for the stations and develop language about the requirements for
permitting. Silbert mentioned difficulty with the Town Boards not including reasons
for recommending approval or details for opposition. He questions how to
encourage this. Ray opened the discussion on affordable housing in the County
and the fact that it’s not marketed here. Schierman feels it’s a marketing problem
and not a housing availability problem. He would like to encourage multi-unit
structures like duplexes and triplexes. Ray stated he would like to know what they
would do to discourage Short-Term Rentals. Schierman mentioned raising fees
and gave the Town of Cable as an example. They raised the fees to $800 and Ray
concluded that there needs to be more discussion on the topic.
13. Monthly Report/ Budget and Revenue
Schierman reported figures of the November monthly report to the committee.
Zepczyk motioned to receive and place on file the November monthly
report. Ray seconded. No further discussion. Motion 5-0. Motion carried.
14. Adjournment
Rondeau called adjournment at 5:31 pm.
Prepared by FIG on 11/24/2021; given to RDS 11/24/2021
Sent to ZC on 12/1/2021
Approved by RDS on 12/1/2021
Final Approval on 12/18/2021 cc: (after final approval)- (13) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2021/Nov