HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/16/2022Page 1 of 5
Planning and Zoning Committee Public Hearing and Meeting – June 16, 2022
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
JUNE 16, 2022
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to
order at 4:00 PM
2. Roll Call: Ray – absent Rondeau, Silbert, Strand, and Pocernich – present.
Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Franki Gross-
Secretary, and Mark Abeles-Allison-County Administrator.
3. Affidavit of Publication:Hulstrom stated the Affidavit of Publication was fulfilled.
Published Tuesday, May 31st and Tuesday, June 7th, 2022
4. Public Comment – Dean Carpenter introduced himself and spoke in support of the
Hubbard Conditional Use Permit request. He is the adjacent property owner most
effected with this project.
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. Leonard Hubbard (Hughes)(in a shoreland) - requests a conditional
use permit to have multiple structures on a parcel of land that cannot
be subdivided, consisting of existing 1-Story Residence #1 with
covered deck (31’ x 26’) and a re-build of 1 ½-Story Residence #2 (32’
x 32) with wrap around deck (4’x32’) W and (8’x36’) S. Property is an R-
RB zoning district; a 4.80–acre parcel (Tax ID# 18610) in Doc #2015R-
560479, described as Lot 1 of CSM V. 4 P. 324, in Section 23, Township 47
North, Range 9 West, Town of Hughes, Bayfield County, WI.
Becky Hubbard spoke on behalf of the request and herself as his spouse.
She gave a brief explanation of the request and what their plans are for
rebuilding.
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 – June 16, 2022
B. Dale Mitchell, owner / Nate Johnson, prospective buyer and Michael
Furtak, agent (Iron River) - request a conditional use permit to
rehab/reconstruct a 2-Story multiple unit development: consisting of
a minimum of 8 apartment units in upper level and 2 lower-level retail
space units, or maximum of 10 apartment units in the structure.
Property is a substandard lot 0.223–acre parcel (Tax ID# 20407); described
as Lots 22-24, Block 1, Original Plat of the Village of Iron River, in Doc.#
44730, Section 7, Township 47 North, Range 8 West, Town of Iron River,
Bayfield County, WI. Included in this request will be the EIA and Open
Space requirement(s). Applicant has included a letter requesting
waiver of both.
Mike Furtak spoke on behalf of Nate Johnson & Dale Mitchell. He restated
the request and confirmed it to be for 8 apartments & 2 retail spaces
because they would lose their grandfathered status with the state if the
building changed. Because the building hasn’t been used in a continual
basis in over a year it has lost its grandfathered status as far as Zoning goes
and therefore can not request a waiver of the EIA or the open space
requirement. Furtak mentioned the proposal coming before the board at the
end of the month regarding for an Ordinance Amendment that would
influence the outcome of this request.
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, Strand seconded.
Motion carried, 4-0. Adjourned at 4:10 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:11 pm.
9. Roll Call: Ray - absent, Pocernich, Rondeau, Silbert, Strand - present.
Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Franki Gross–
Secretary, and Mark Abeles-Allison-County Administrator.
10. New Business
A. Leonard Hubbard (Hughes)(in a shoreland) - request a conditional use
permit to have multiple structures on a parcel of land that cannot be
subdivided, consisting of existing 1-Story Residence #1 with covered
deck (31’ x 26’) and a re-build of 1 ½-Story Residence #2 (32’ x 32) with
wrap around deck (4’x32’) W and (8’x36’) S. Property is an R-RB zoning
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Planning and Zoning Committee Public Hearing and Meeting – June 16, 2022
district; a 4.80–acre parcel (Tax ID# 18610) in Doc #2015R-560479,
described as Lot 1 of CSM V. 4 P. 324, in Section 23, Township 47 North,
Range 9 West, Town of Hughes, Bayfield County, WI.
File Report: Hulstrom informed the committee that the Dept is in general
support of the requested CUP but would like to see conditions of
implementation of mitigation measures be included. Hulstrom gave a brief
description of the property and history and stated that the Town was in
support and recommended approval. Strand asked if the Dept would like to
see any mitigation measures specifically? Hulstrom replied there wasn’t
anything specific but whatever the Committee was comfortable with. Silbert
asked for clarification on mitigation. Pooler stated the reestablishment of
the 35’ vegetative buffer, or as much as can be reestablished, would be the
type of mitigation. Silbert asked if the rebuild will be within the same
footprint, to which Hulstrom replied that the total sq ft is slightly less than
the previous footprint.
Silbert made a motion to approve the Conditional Use Permit as
stated & citing the condition for making mitigation efforts for the shoreline
as much as possible based on the Zoning Ordinance and all applicable
laws, the consideration of the Town Board, and the community or the
general welfare and economic impacts of the proposal. Silbert had a
question on whether the sanitary was in compliance. Pooler answered it
was up to code & in compliance. Strand noted the application and the
motion do not include any Short-Term Rentals. Strand also asked for
clarification that the Committee came to a consensus that the Dept would
determine the appropriate mitigation as a requirement. Silbert confirmed.
Seconded by Pocernich. Motion carried, 4-0.
B. Dale Mitchell, owner / Nate Johnson, prospective buyer and Michael
Furtak, agent (Iron River) - request a conditional use permit to
rehab/reconstruct a 2-Story multiple unit development: consisting of
a minimum of 8 apartment units in upper level and 2 lower-level retail
space units, or maximum of 10 apartment units in the structure.
Property is a substandard lot 0.223–acre parcel (Tax ID# 20407); described
as Lots 22-24, Block 1, Original Plat of the Village of Iron River, in Doc.#
44730, Section 7, Township 47 North, Range 8 West, Town of Iron River,
Bayfield County, WI. Included in this request will be the EIA and Open
Space requirement(s). Applicant has included a letter requesting
waiver of both.
File Report: Hulstrom confirmed the request as being for 8 apt units and
2 retail spaces. Hulstrom also stated that the legal non-conforming use
ceased in 2012 after a period of 12 consecutive months of non-use. The
current code allows the Committee to waive the EIA but there is nothing that
allows for a waiver of the open space requirement which is why the Dept is
bringing forth the amendment to the Committee in 2 weeks in a special
meeting. The TBA was recommending approval. Silbert asked how the
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Planning and Zoning Committee Public Hearing and Meeting – June 16, 2022
parking would be addressed. Furtak stated there would be parking behind
the building, one spot per unit and street parking for the retail spaces.
Strand asked procedurally what the proper thing would be to do about
approving the request and waiving the open space requirement. Hulstrom
stated she believes it would be to approve the request contingent on the
approval of the ordinance amendment or seeking a Variance. Silbert asked
if the language in the Ordinance Amendment was viewed by Corp Council.
Hulstrom confirmed that it was.
Strand moved to approve the MUD application based on Town
Board recommendation, the community welfare, and economic impacts,
with the conditions that the EIA be waived, and the open space
requirements be waived either contingent upon if/when the County Board
changes the open space requirement and or the applicant receives a
Variance from the Board of Adjustments. Seconded by Silbert. Discussion
occurred with a statement by Pocernich that the Committee is now setting
a precedence regarding open space requirements and that it could open the
door for requests for waiver and how does or will the Committee determine
the parameters. Motion carried, 4-0.
Agenda Review/Alteration
11. Other Business
C. Discussion and Possible Action regarding multiple unit development
language. Hulstrom stated she reached out to other Counties to find out
language being used for open space requirements for MUDs since the
Committee asked for the Dept to follow up. Most of the Counties she had
contact with have no open space requirements whatsoever for MUD’s. The
language as it reads now in the Ordinance is prohibitive towards MUD’s
and the amendment adds some flexibility for existing structures and
affordable housing. Hulstrom would like to know if the Committee would
like for the Dept to review and recommend changes to the whole
Ordinance. Pocernich stated that he believes the Ordinance, as written,
needs to be looked at, as it is hard to do anything to help with the housing
issues like it is.
D. Minutes of Previous Minutes (May 19, 2022)
Strand moved to approve the minutes of May 19th as presented.
Seconded by Pocernich. Motion carried, 4-0.
E.Committee Members discussion(s) regarding matters of the P & Z Dept.
Pocernich asked if there was any update on Bayfield Storage application
and Hulstrom stated that the Dept is waiting for the Town Board
Recommendation to come in. Hulstrom was asked what could be taking
so long and Hulstrom said we, as a Dept, will investigate it. Silbert stated
he still feels frustrated regarding the R-1 zoning on Cherryville Rd that was
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Planning and Zoning Committee Public Hearing and Meeting – June 16, 2022
done at the past meeting. Abeles-Allison interjected that he reached out
and had a conversation with the property owner after last month’s meeting,
and that they would be satisfied proceeding with an R-3 application if the
fees are waived. Silbert stated he feels it would strengthen the integrity of
the Zoning system and was happy. Pocernich commented but was not
able to hear as mic was off or he was far enough away from the mic to
hear.
12. Monthly Report / Budget and Revenue
Hulstrom stated the monthly report and budget review was showing that
we are still behind last year’s numbers. We are still getting large amounts of
applications in and we have had an opportunity to issue some of the back
log of permit applications. Rondeau stated he has heard some positive
things from his neck of the woods and that, in his area, people are more
satisfied with the work that we are doing. Pocernich commented that
people are not happy in his area and if there was any way to expedite the
process, he sure wishes we would.
Pocernich made a motion to receive and place on file the monthly
report and budget review. Seconded by Silbert. Motion carried, 4-0.
Rondeau asked the Committee if the documents placed in Dropbox were
more easily accessible and did everyone like this new way. The Committee
all responded favorably.
13. Adjournment
Rondeau called adjournment at 4:48 pm.
Prepared by FIG on 7/11/2022; given to RH 7/13/2022
Approved by RH on 7/??/2022
Sent to PZC on 7/??/2022
Final Approval on
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2022/#6 June
