HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 1/20/2022Page 1 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
JANUARY 20, 2022
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing
to order at 4:05 pm.
2. Roll Call:Ray, Rondeau, Silbert, Strand and Zepczyk – present
Other’s present were: Todd Norwood-AZA, and Franki Gross- Secretary
3. Affidavit of Publication:Norwood showed the audience the January affidavit of
publication and the certified mailing receipts. Published Tuesday, January 4th and
Tuesday, January 11th, 2022.
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. Michael & Jessica Sine (Clover) – Conditional Use Permit (w/wetlands)
for second shipping/intermodal container. Property is in an Ag-1 zoning
district; a 40–acre parcel (Tax ID# 11325); described as the SW ¼ of the
NW ¼ in Doc.# 2020R-583537, Section 3, Township 50 North, Range 7
West, Town of Clover, Bayfield County, WI.
Michael Sine spoke stating he was there seeking approval to place a
second inter-modal container on his property.
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. Desmond B Sipsas (Iron River) – Reclamation plan for both pits. One
property is in an F-1 zoning district; a 27.18-acre parcel (Tax ID #34542);
described as the NE ¼ of the SW ¼ lying Southerly of the Southerly right-
of-way line of US Hwy 2, in Doc# 2021R-589064, Section 13, Township 47
North, Range 8 West, Town of Iron River, Bayfield County, WI. Second
property is an F-1 zoning district; a 38.60-acre parcel (Tax ID #34545);
Page 2 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
described as the SE ¼ of the SW ¼, in Doc# 2021R-589064, Section 13,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI.
Desmond Sipsas spoke stating he is looking to open a sand pit near Iron
River Wisconsin.
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. Desmond Sipsas (Iron River) – EIA for both pits. One property is in an
F-1 zoning district; a 27.18-acre parcel (Tax ID #34542); described as the
NE ¼ of the SW ¼ lying Southerly of the Southerly right-of-way line of US
Hwy 2, in Doc# 2021R-589064, Section 13, Township 47 North, Range 8
West, Town of Iron River, Bayfield County, WI. Second property is an F-1
zoning district; a 38.60-acre parcel (Tax ID #34545); described as the SE ¼
of the SW ¼, in Doc# 2021R-589064, Section 13, Township 47 North,
Range 8 West, Town of Iron River, Bayfield County, WI.
Desmond Sipsas spoke asking for approval of the EIA report for the non-
metallic mine.
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. Desmond B Sipsas (Iron River) - Conditional use permit to construct
and operate a non-metallic mine (sand pit). Property is in an F-1 zoning
district; a 27.18-acre parcel (Tax ID #34542); described as the NE ¼ of the
SW ¼ lying Southerly of the Southerly right-of-way line of US Hwy 2, in Doc#
2021R-589064, Section 13, Township 47 North, Range 8 West, Town of
Iron River, Bayfield County, WI.
Desmond Sipsas spoke asking for approval for a Conditional Use Permit to
operate a non-metallic mine near Iron River Wisconsin.
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
Page 3 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
one spoke.
Discussion ended.
E. Desmond B Sipsas (Iron River) - Conditional use permit to construct
and operate a non-metallic mine (sand pit). Property is an F-1 zoning
district; a 38.60-acre parcel (Tax ID #34545); described as the SE ¼ of the
SW ¼, in Doc# 2021R-589064, Section 13, Township 47 North, Range 8
West, Town of Iron River, Bayfield County, WI.
Desmond Sipsas spoke asking for approval for a Conditional Use Permit to
operate a non-metallic mine near Iron River Wisconsin.
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.
F. Nancy Kelley/Merlena Wegener/TKC Real Estate Holdings
LLC/Milestone Materials/Kaitlyn Peper (Cable) – Reclamation Plan.
Property is in an Ag-1 zoning district; a 39.0–acre parcel (Tax ID# 9699);
described as NE ¼ of the SW ¼ in Doc.# 2013R-552721, Section 25,
Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI.
Kaitlyn Peper spoke on behalf of the request and stated she was there to
ask for a reclamation plan modification approval.
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.
G. Nancy Kelley/Merlena Wegener/TKC Real Estate Holdings
LLC/Milestone Materials/Kaitlyn Peper (Cable) - Conditional use permit
to continue operating the existing non-metallic mine (consisting of
sand, gravel, crushing, screening & loading of stockpiles). Property is
in an Ag-1 zoning district; a 39.0–acre parcel (Tax ID# 9699); described as
NE ¼ of the SW ¼ in Doc.# 2013R-552721, Section 25, Township 43 North,
Range 8 West, Town of Cable, Bayfield County, WI.
Kaitlyn Peper spoke on behalf of the request and stated they are asking for
a Conditional Use Permit renewal with no changes to conditions.
Page 4 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
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.
H. David & Mary Beth Tillmans (Bell) – Rezone portion of property from
R-RB to R-4. Parcel is a 0.41-acre parcel (part of Tax ID #36258); described
as a parcel of land located in Gov’t Lot 2, in V. 702 P. 227-228, Section 34,
Township 51 North, Range 6 West, Town of Bell, Bayfield County, WI.
David Tillmans spoke stating they are there to request a rezone of portion
of their property from R-RB to R-4 to facilitate transfer of the business to
their son.
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.
I. Town of Grand View/Dale Ahlvin (Grand View) –Rezone property from
Commercial to Municipal. (3) parcels. Parcel #1: is a 11.00-acre parcel
(Tax ID #17487); described as a parcel in the NW ¼ of the NW ¼, , in V.
183 P. 644, Parcel #2: is a 5.019-acre parcel (Tax ID #17486); described
as a parcel in the NW ¼ of the NW ¼, in Doc# 2016R-564357, and Parcel
#3: is a 0.50-acre parcel (Tax ID #17488); described as a parcel in the NW
¼ of the NW ¼, in V. 1165 P. 314, all in Section 22, Township 45 North,
Range 6 West, Town of Grand View, Bayfield County, WI
Todd Norwood spoke stating they are requesting a rezone of 3 parcels from
Commercial to Municipal to allow development for Town purposes like a
Municipal garage which under current zoning is not allowed.
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:
Page 5 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
Zepczyk made a motion to adjourn, Ray 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: Todd Norwood-AZA, and Franki Gross - Secretary.
10. New Business:
A. Michael & Jessica Sine (Clover) – Conditional Use Permit (w/wetlands)
for second shipping/intermodal container. Property is in an Ag-1 zoning
district; a 40–acre parcel (Tax ID# 11325); described as the SW ¼ of the
NW ¼ in Doc.# 2020R-583537, Section 3, Township 50 North, Range 7
West, Town of Clover, Bayfield County, WI.
File Report: Norwood stated the Dept received a recommendation from
the Town for approval with conditions that placement be compliant with the
County & State wetland regulations. Applicant had the DNR out to make a
wetlands delineation and there appears to be no impact there. One other
item that is in Director Schierman memo is there is already a container on
the property that exceeds 200 sq ft and is ATF which would require an
application and fees. Rondeau asked if there were any questions from the
Committee. Zepczyk asked how long the container has been there and
Norwood responded that he is not certain. Rondeau asked for clarification
and Norwood stated that there already is one container on the property and
landowner has submitted an ATF application and fees and is asking to place
a 2nd one. Rondeau asked if the Town Board approved, and Norwood
stated yes, they did approve. Norwood also stated that there were no letters
of support or opposition to the request. Zepczyk voiced concerns about
maintenance and appearance and Norwood responded that the County
doesn’t have any ordinances regarding upkeep or maintenance of these
containers. Committee agrees that upkeep & maintenance conditions might
be something that they should look at in the future.
Silbert made a motion to approve the application contingent upon
the payment of ATF fees, based on Zoning Ordinance and all other
applicable laws, and the community or general welfare and economic
impacts. Zepczyk seconded. Discussion followed with Strand
acknowledging that the motion requires the ATF permit on the 1st container
but that he would much rather have the 1st container be in full compliance
before considering a CUP for the second, so he stands in opposition.
Discussion continued with Silbert asking for clarification from Strand on
what it is he is asking because his motion being the same as what Strand
is asking for with his opposition. Strand explained that he would have liked
Page 6 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
the applicant to have rectified the violation before coming to the committee
with the request for a second one. Norwood added that as soon as the
applicant learned that he had an ATF he came in, submitted an application,
and paid the fees. Rondeau asked if there was any more discussion.
Motion 4-1. Motion carried.
B. Desmond B Sipsas (Iron River) – Reclamation plan for both pits. One
property is in an F-1 zoning district; a 27.18-acre parcel (Tax ID #34542);
described as the NE ¼ of the SW ¼ lying Southerly of the Southerly right-
of-way line of US Hwy 2, in Doc# 2021R-589064, Section 13, Township 47
North, Range 8 West, Town of Iron River, Bayfield County, WI. Second
property is an F-1 zoning district; a 38.60-acre parcel (Tax ID #34545);
described as the SE ¼ of the SW ¼, in Doc# 2021R-589064, Section 13,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI.
File Report: Norwood stated this Reclamation plan is for both pits. It was
reviewed by Travis in the Land Conservation Dept. and approved contingent
upon financial assurance.
Silbert made a motion to receive and place in file the Reclamation
Plan for both pits based on Land Conservation review. Zepczyk seconded.
Strand asked for clarification on the condition of financial assurance and
Norwood stated it would be needed for the permit approval. Rondeau
asked if there was any more discussion. Motion 5-0. Motion carried.
C. Desmond Sipsas (Iron River) – EIA for both pits. One property is in an
F-1 zoning district; a 27.18-acre parcel (Tax ID #34542); described as the
NE ¼ of the SW ¼ lying Southerly of the Southerly right-of-way line of US
Hwy 2, in Doc# 2021R-589064, Section 13, Township 47 North, Range 8
West, Town of Iron River, Bayfield County, WI. Second property is an F-1
zoning district; a 38.60-acre parcel (Tax ID #34545); described as the SE ¼
of the SW ¼, in Doc# 2021R-589064, Section 13, Township 47 North,
Range 8 West, Town of Iron River, Bayfield County, WI.
Silbert made a motion to receive and place in file the EIA for both
pits. Strand seconded. No further discussion. Motion 5-0. Motion carried.
D. Desmond B Sipsas (Iron River) - Conditional use permit to construct
and and operate a non-metallic mine (sand pit). Property is in an F-1
zoning district; a 27.18-acre parcel (Tax ID #34542); described as the NE ¼
of the SW ¼ lying Southerly of the Southerly right-of-way line of US Hwy 2
in Doc# 2021R-589064, Section 13, Township 47 North, Range 8 West,
Town of Iron River, Bayfield County, WI.
File Report: Norwood stated that the Town Board recommended approval.
There were no letters in favor or opposition. One letter received from the
DNR pointing out there were 2 isolated wetlands located on the Surface
Water Data Viewer and those made need to be investigated.
Page 7 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
Silbert motioned to approve the CUP for Pit #1, contingent upon the
approval from the DNR for stormwater management plan, wetland permits,
and financial assurance in place first before our approval for permit is valid.
Hours set at 6AM to 7PM, Monday – Friday for 10 years. Discussion
occurred as Silbert asked applicant if hours were acceptable. Applicant
stated that he would like for the Committee to consider extending hours until
9PM and include Saturday as this operation is a small “Pop Shop” business
and not very large as Pits go. Silbert modified motion to include Saturdays
and hours based on Zoning ordinance and applicable laws, consideration of
the Town Board recommendation, the maintenance of safe & healthful
conditions, the community or general welfare and economic impacts of the
proposal. Strand seconded. Motion 5-0. Motion carried.
E. Desmond B Sipsas (Iron River) - Conditional use permit to construct
and operate a non-metallic mine (sand pit). Property is an F-1 zoning
district; a 38.60-acre parcel (Tax ID #34545); described as the SE ¼ of the
SW¼, in Doc# 2021R-589064, Section 13, Township 47 North, Range 8
West, Town of Iron River, Bayfield County, WI.
File Report: Norwood stated there were no letters of support or opposition
in the file. The Town Board recommended approval. One letter from the
DNR pointing out indications of isolated wetlands that might need looking
into.
Silbert made the motion to approve the CUP with conditions identical
to Pit #1 (approval from the DNR for stormwater management plan,
wetlands permit, and financial assurance in place first before our approval
for permit is valid. Hours set at 6AM to 9PM, Monday – Saturday for 10
years, based on Zoning ordinance and applicable laws, consideration of the
Town Board recommendation, the maintenance of safe & healthful
conditions, the community or general welfare and economic impacts of the
proposal. Strand seconded. No further discussion. Motion 5-0. Motion
carried.
F. Nancy Kelley/Merlena Wegener/TKC Real Estate Holdings
LLC/Milestone Materials/Kaitlyn Peper (Cable) – Reclamation Plan.
Property is in an Ag-1 zoning district; a 39.0–acre parcel (Tax ID# 9699);
described as NE ¼ of the SW ¼ in Doc.# 2013R-552721, Section 25,
Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI.
File Report: Norwood stated approved by Travis in Land Conservation
contingent on financial assurance.
Strand moved to receive and place on file the Reclamation Plan.
Zepczyk seconded. Motion 5-0. Motion carried.
Page 8 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
G. Nancy Kelley/Merlena Wegener/TKC Real Estate Holdings
LLC/Milestone Materials/Kaitlyn Peper (Cable) - Conditional use permit
to continue operating the existing non-metallic mine (consisting of
sand, gravel, crushing, screening & loading of stockpiles). Property is
in an Ag-1 zoning district; a 39.0–acre parcel (Tax ID# 9699); described as
NE ¼ of the SW ¼ in Doc.# 2013R-552721, Section 25, Township 43 North,
Range 8 West, Town of Cable, Bayfield County, WI.
File Report: Norwood stated pit was last approved in 2011. The property
has been surveyed also in 2011. Town Board recommended approval.
Permit was previously approved for 10 years with the conditions that hours
of operations are 6AM to 7PM, Monday through Friday. Notification of
occasional requests on Saturday that the applicant gives a 30-day notice to
the Town of Cable when crushing operations will be done. Silbert asked if
the berming on the West and North side of the mining area is still a condition
of approval and Norwood stated he believes it is. He isn’t very familiar with
this application. Brandon Lende with Milestone Materials spoke from the
audience and commented on prior berming of the pit and best practices for
water drain off.
Rondeau moved to approve the CUP with same conditions as prior
approval (10 years duration with the conditions that hours of operations are
6AM to 7PM, Monday through Friday, and no State holidays. Notification of
occasional requests on Saturday that the applicant gives a 30-day notice to
the Town of Cable when crushing operations will be done). Zepczyk
seconded. Rondeau added to his motion that it’s based on being in line with
the Towns Comprehensive Plan and Land Use Plan. Also dropping the
berming of the West and North side. No further discussion. Motion 5-0.
Motion carried.
H. David & Mary Beth Tillmans (Bell) – Rezone portion of property from
RRB to R-4. Parcel is a 0.41-acre parcel (part of Tax ID #36258); described
as a parcel of land located in Gov’t Lot 2, in V. 702 P. 227-228, Section 34,
Township 51 North, Range 6 West, Town of Bell, Bayfield County, WI.
File Report: Norwood reported the Town Board recommended approval
being consistent with their comprehensive and Land Use Plans. Ray asked
if there were any concerns from the Zoning Dept regarding lakeshore
impacts or subdivision of the parcel. Norwood stated there were no
concerns as it’s a subdivision by surveyor to divide enough for the R-4
requirements, focusing around the existing house, leaving none to be
divided again. The property is also on Municipal sewer.
Strand moved to forward on to the full County Board with the
recommendation for approval based on the Town Board approval, the
consistency with the Town Comprehensive Plan. Zepczyk seconded. No
further discussion. Motion 5-0. Motion carried.
Page 9 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
I. Town of Grand View/Dale Ahlvin (Grand View) –Rezone property from
Commercial to Municipal. (3) parcels. Parcel #1: is a 11.00-acre parcel
(Tax ID #17487); described as a parcel in the NW ¼ of the NW ¼, , in V.
183 P. 644, Parcel #2: is a 5.019-acre parcel (Tax ID #17486); described
as a parcel in the NW ¼ of the NW ¼, in Doc# 2016R-564357, and Parcel
#3: is a 0.50-acre parcel (Tax ID #17488); described as a parcel in the NW
¼ of the NW ¼, in V. 1165 P. 314, all in Section 22, Township 45 North,
Range 6 West, Town of Grand View, Bayfield County, WI
File Report:Norwood stated the Town Board approved request.
Strand moved to forward on to the full County Board with the
recommendation for approval based on the Town Board recommendation,
and the community and general public welfare. Zepczyk seconded. No
further discussion. Motion 5-0. Motion carried.
Agenda Review and Alteration
J. David & Suzanne Burr (Port Wing)- Residence in Commercial Zone.
Property is a 0.449 acres parcel (Tax ID #28773) in commercial zoning
district; described as Lots 19-24, Block 17, Port Wing Proper, in DOC
2021R-591241; Section 29, Township 50N, Range 08W, Town of Port Wing,
Bayfield County, WI.
File Report: Norwood stated there is a correction in the narrative given to
the Committee regarding the Short-Term Rental included in the request.
The STR request is an error, and the applicants are not requesting that at
this time. Director Schierman included in his notes states that if the
Committee is entertaining approval of this application that inclusion of a
residential garage be added. It would eliminate the need for the applicant to
return to ask for additional approval. The Town Board did recommend
approval for the residence as the request is in line with the Towns Plans for
residential growth. Discussion took place about the appropriateness of
including a garage when it wasn’t included when it went to the Town for
recommendations. Norwood clarified processes for both including the
garage in this request and not including it. Silbert asked if the lot was big
enough to sustain a residence and garage and Norwood replied it is.
Ray moved to forward on to the full County Board with the
recommendation for approval based upon Zoning Ordinance and other
applicable laws, consistency with Towns Comprehensive Plan, Town’s
review and recommendation, community or general welfare and economic
impacts of the proposal, and in the interest of simplifying things for the
Applicant in the future, that the garage be included in approval. I appreciate
the Zoning Department seeing this as a repetitive permit situation and
nipping it in the bud. Silbert seconded with the exception that this is not a
recommendation to the County Board but an act of approval of a Special
Page 10 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
Use Class B permit. Ray accepts the modification to the motion. No further
discussion. Motion 5-0. Motion carried.
11. Other Business
K.Minutes of Previous Meeting(s) – Rondeau stated the minutes are from
the November meeting and informed the Committee that the minutes were
in Dropbox.
Zepczyk moved to approve the minutes of November. Ray
seconded. No further discussion. Motion 5-0. Motion carried.
L. Committee Members discussion(s) regarding matters of the P & Z Dept.
Items discussed were the presentation of EIA’s that are incomplete or
vague. Strand mentioned the Dept come up with a checklist for EIA
submission before it comes before the Committee. A consensus was
reached to send formal directives to the Zoning Department to develop a
checklist for EIA submission to ensure it is completed. Questions arose if all
Non-metallic mines require an EIA. Will visit EIA requirements in future
meetings. Extensive discussion occurred about UDC codes being too
restrictive and having a negative effect on the local youth’s ability to build in
the area. Reflective conversation on Zoning and permitting in the past, being
loosely applied, so as to not tell someone what they can and can’t do on
their own property. We need to address, as a community, the problem of
residential growth, especially the youth continuing to live, grow, and prosper
here. The Committee believes this to be a real and current problem that
needs to continue to be addressed locally and visited constantly. The
Committee believes this needs to be addressed at the County Board level
but needs to come up with a recommendation to the full Board instead of
just having a discussion. Rondeau advised the Committee to enlist the help
from Rob and the Zoning Department. Norwood stated, from a neutral point
of view, that UDC also protects people from shoddy, unskilled labor, and
gave a brief description of the inception of UDC and the things that benefit
the public. Questions arose to what a burdensome UDC is and what is
acceptable.
12. Monthly Report/ Budget and Revenue
Norwood 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.
13. Adjournment
Rondeau called adjournment at 5:21 pm.
Page 11 of 11
Planning and Zoning Committee Public Hearing and Meeting – January 20, 2022
Prepared by FIG on 01/30/2022; given to RDS 02/1/2022
Sent to ZC on 02/1/2022
Approved by RDS on 02/1/2022
Final Approval on 4/21/2022
cc: (after final approval)- (13) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2022/Jan