HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/17/2022Page 1 of 5
Planning and Zoning Committee Public Hearing and Meeting – March 17, 2022
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MARCH 17, 2022
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: Mark Abeles-Allison-County Administrator, Tracy Pooler-AZA,
and Frances Gross-Secretary
3. Affidavit of Publication: Pooler showed the audience the March affidavit of
publication and the certified mailing receipts. Published Tuesday, March 1st and
Tuesday, March 8th, 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. Robert and Jennifer Schierman (Clover) – Rezone property from Ag-1
to R-RB. Petitioning for a zoning district map amendment located (in a
shoreland). The parcel is a 3.5-acre parcel (Tax ID #11453) described as S
½ of the S ½ of the N ½ of the SE ¼ of the NE ¼, in Doc# 459343, Section
8, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI
from Ag-1 to R-RB.
Robert Schierman spoke stating he was there seeking support from the
Committee of a Rezone of one of their parcels from Ag-1 to R-RB. He gave a
brief history of this property. The house was built in 1973, during a time when
setbacks wasn’t well established nor enforced. He would like the rezone so
the house would be considered a conforming structure instead of a non-
conforming structure.
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. Burton & Sherry Huyck (Clover) – Request an after-the-fact (ATF)
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Planning and Zoning Committee Public Hearing and Meeting – March 17, 2022
conditional use permit (in a shoreland zone with wetlands present) to
continue to have more than (3) RV’s on a parcel. Present on the property:
an Existing Residence; Camper #1 old construction site trailer used for
storage; Camper #2 (?), Camper #3 (?), Camper #4 (?) & Camper #5 (?),
Camper #6 (?) & Camper #7 (pop-up) and Camper #8 (a pull behind trailer
included as an RV). Property is an Ag-1 zoning district; a 25.00–acre parcel
(Tax ID# 11335), described as N ¾ of the NE ¼ of the SE 1/4 in V. 891 P.
767 (2004R-491511), in Section 3, Township 50 North, Range 7 West, Town
of Clover, Bayfield County, WI.
Burton Huyck spoke and explained the history of the property. They had a
fire that destroyed the apartment where family stayed when they came to
visit. Unable to afford to rebuild they choose to go the camper route and
wasn’t aware there was such a law requiring a permit to have campers,
hence the after-the-fact status. They have 7 units on the property, counting
the little tractor pull behind trailer. Two units they are getting rid of, one
portable construction site office, and several campers of the children’s that
they use to stay in when they come to visit their mother and father. We aren’t
going to use the campers/trailers for any purpose other than having family
stay when they visit.
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 4:08 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:09 pm.
9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk – Other’s present:
Mark Abeles-Allison-County Administrator, Tracy Pooler- AZA, and Franki
Gross- Secretary.
10. New Business:
A. Robert and Jennifer Schierman (Clover) – Rezone property from Ag-1
to R-RB. Parcel is a 3.5-acre parcel (Tax ID #11453) described as S ½ of
the S ½ of the N ½ of the SE ¼ of the NE ¼, in Doc# 459343, Section 8,
Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI.
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Planning and Zoning Committee Public Hearing and Meeting – March 17, 2022
File Report: Pooler stated the Dept received a recommendation from the
Town for approval with no other comments other that it met their criteria. No
other correspondence in the file.
Strand moved to forward on to the County Board with the
recommendation for approval based on its consistency with comprehensive
plans and County Zoning and Town Board recommendations. Silbert
seconded. Rondeau asked if there was any more discussion. Motion 5-0.
Motion carried.
B. Burton & Sherry Huyck (Clover) – After-the-Fact Conditional Use Permit
(in a Shoreland Zone with wetlands present) for placement of (8)
campers on a pacel in an Ag-1 Zoning District. Property is an Ag-1 zoning
district; a 25.00–acre parcel (Tax ID# 11335), described as N ¾ of the NE ¼
of the SE 1/4 in V. 891 P. 767 (2004R-491511), in Section 3, Township 50
North, Range 7 West, Town of Clover, Bayfield County, WI.
File Report: Pooler stated the Town Board hasn’t addressed this application
due to timing issues of when it was received. The Town tabled it with the
intent to address the request at the next meeting. Nothing more to report from
the file stated Pooler.
Ray moved to Table the request pending the consideration of the
Town Board’s recommendation, and relevant public input. Strand amended
the motion to postpone the request instead of table. Ray accepted the
amendment. Strand seconded. Discussion occurred having more questions
for Mr. Huyck. Silbert questions a letter from the DOT and what is says and
would like that addressed. Ray also had several questions for Mr. Huyck.
Mark Abeles-Allison also comments that he has questions for the applicant.
Rondeau asked if the Committee wanted to take a vote in suspending the
rules to allow Mr. Huyck to answer questions. Zepczyk motioned to suspend
the rules at 4:16 PM. Ray seconded. Motion 5-0. Motion carried. Mr. Huyke
stated there will never be rentals in reply to that question. Only family and
never will any camper on the property be rented out. Mr. Huyck answered all
the questions the Committee had regarding how many campers will be
permanent, how many will come and go, and how many they will be getting
rid of. Pooler stated the concern of the Dept is weather the applicant intends
to be a private campground and include Public Health or are these structures
for storage, sleeping, or both. Rebuttal: (4) will be permanent, (3) campers
will come & go, and the pull behind trailer isn’t counted stated Mr. Huyck.
Sanitary (2-bedroom) is addressed with questions on what/how that works.
Mr. Huyck stated they use a “Johnny Pot on wheels” and it’s just dumped into
the septic. Zepczyk questions the condition of the campers. Mr. Huyck stated
the campers aren’t junk. Discussion occurred about the definition and
clarification of the law, local & state, on what’s allowed and what’s not
regarding quantity of RV’s and allowable length of time on developed and
undeveloped land. Pooler confirmed that up to 3 RV/camper can sit on a
developed property; undeveloped for a total of 21 days without a permit, and
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Planning and Zoning Committee Public Hearing and Meeting – March 17, 2022
Public Health states over 3 RV’s require a campground permit. Abeles-
Allison thinks the state law is 5 RVs, but they will get clarification. Rondeau
asked if there were any more questions for Mr. Huyck. Committee has none.
Rondeau closes Public Hearing at 4:29 PM. Silbert comments about the
need to address the DOT letter and voices his concern about a sanitary
system from 1987 and does it need to be evaluated for keeping up with current
usage. No further discussion. Motion 5-0. Motion carried.
Agenda Review and Alteration
C. John Friermood (Barnes) – Special Use Permit for a hobby farm in an
F-1 District (15-30 chickens, 3-4 bovine, and a 3-sided 10’ X 20’ wind
shelter). Property is an F-1 zoning district; a 20-acre parcel (Tax ID# 1906),
described as N 1/2 of the NW SW in V. 973 P. 990 (2004R-491511), in
Section 12, Township 44 North, Range 9 West, Town of Barnes, Bayfield
County, WI.
File Report: Pooler stated the Town Board addressed this application with
a recommendation it be approved. No neighbors objected and it doesn’t not
go against their Land Use Plan.
Silbert make a motion to approve the Special Use Permit for the
Friermood hobby farm based on the Zoning Ordinances and all other
applicable laws, maintenance of safe and healthful conditions, and
community and general welfare, and economic impacts of the proposal. Ray
seconded. No further discussion. Motion 5-0. Motion carried.
11. Other Business
D. Minutes of Previous Meeting(s) – Rondeau stated the minutes are from
the February meeting and informed the Committee that the minutes were in
Dropbox.
Strand moved to approve the minutes of February 17th as
presented. Ray seconded. No further discussion. Motion 5-0. Motion carried.
E. Committee Members discussion(s) regarding matters of the P & Z Dept.
Items discussed were started with Zepczyk stating again how important he
feels it is to not lose sight of the responsibility of the Committee to address
the Homestead Act and asking the question are we, as a governing
committee, overstepping by telling people what they can and can’t do on their
own property. What can we do to ease the restrictions? Pooler stated there
is a memo from DSPS informing Planning & Zoning to be aware of potential
changes in requirements regarding building code for homes that were built
at an earlier date than current requirements. It seems restrictions are going
to become increasingly strict. Abeles-Allison stated we certainly can
investigate what other communities are doing for Homesteading Ordinances
and report back to Zepczyk at next meeting. Silbert commented about
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Planning and Zoning Committee Public Hearing and Meeting – March 17, 2022
having a discussion on the rules and requirements regarding fireworks and
the handling of a Conditional Use Permit for a firework stand and/or building.
State statute 167.10 is how the State handles it and is recommended for the
Committee to be prepared if/and when the need to approve/deny a CUP for
a firework stand. Silbert also talked about WI Act 67 being a game changer
for Conditional Use Permits and the requirements of substantial evidence on
the record to support denial. I think our 17 considerations is not adequate to
stand up to denials at this point and need more substance in evidence.
Silbert has a copy of an attorney’s interpretation of the law and
recommendations for denial considerations.
12. Monthly Report/ Budget and Revenue
Pooler reported figures of the March monthly report to the committee.
Abeles-Allison made a comment that it’s interesting to note permitting is
down, but value is up compared to this same time last year.
Ray questions if the application/permitting submittal is down or the processing
of said applications are down for the month of March. Abeles-Allison stated
it’s a little of both reasons; Pooler stated with a little of applicant error mixed
in, which takes time to process also.
Silbert motioned to receive and place on file the monthly report.
Zepczyk seconded. No further discussion. Motion 5-0. Motion carried.
Abeles-Allison summarized discussion with Corp Council regarding
amending Ordinance 13-1-29, the open space requirements, and having a
draft Ordinance for the Committee to discuss at the next meeting. Ray spoke
(but mic wasn’t on), so communication wasn’t captured. Abeles-Allison
mentioned UDC code changes that may be in the works for adopting the
International Dwelling Code. That would mean reaching back to structures that
were built before the current UDC code. There was some confusion as to the
interpretation of this IDC and what the code changes will mean.
13. Adjournment
Rondeau called adjournment at 4:55 PM.
Prepared by FIG on 3/24/2022; given to DAK 3/25/2022
Sent to ZC on 3/25/2022
Approved by MAA on 3/25/2022
Final Approval on 4/21/2022
cc: (after final approval)- (13) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2022/Mar