HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 7/21/2022
Page 1 of 5
ZC Planning and Zoning Public Hearing and Meeting – July 21, 2022
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
JULY 21, 2022
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand – all present.
Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Mckenzie Slack-AZA, Erica
Meulemans-AZA, Mark Abeles-Allison-County Administrator, Paige Terry-Clerk III
(acting secretary).
3. Affidavit of Publication: Hulstrom stated the Affidavit of Publication was fulfilled.
Published July 5, 2022, and July 12, 2022.
4. Public Comment – Ben Shanks, Grand View, informed the committee that he has been
attempting to build a house in Grand View and has had difficulties contacting the Zoning
Department. Shanks explained that he owns two lots and planned to build the house over
the middle line of the two lots. Shanks continued, stating he was given the okay to pursue
this plan in February; however, he was told that the project was not okay once his permits
were turned in. He reported that building on-site has begun as the concrete has been
poured and the footings have been installed. Shanks stated he has received a violation for
over excavating the vegetation buffer and explained that no excavating has been done
between the house and the lake. The committee members reviewed photos provided by
Shanks of the excavation done on the property. A double silt fence was installed before
beginning construction to protect the lake. The previous house was 43 feet back from the
lake and the new house is being built 67 feet back from the lake. Shanks expressed his
frustration with the permitting process and how long it is taking to hear back from a member
of the Zoning Department.
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. Town of Cable/Malcolm Haag (Cable) – (Reclamation Plan) request a
conditional use permit for the continuation of the non-metallic mine. Property
is in a Municipal (M) zoning district; is one 23- and one 17-acre parcel (Tax ID#
9019 & 9020); described as the SW 1/4 of SE 1/4, Section 22, Township 43 North,
Range 7 West, Town of Cable, Bayfield County, WI.
Dean Hambrecht, Town of Cable Board, spoke on behalf of the request.
Hambrecht explained that the mine is included in the reclamation plan, the
reclamation plan has been rewritten and submitted for approval. Hambrecht
expressed the importance of the mine to the town.
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
Page 2 of 5
ZC Planning and Zoning Public Hearing and Meeting – July 21, 2022
one spoke.
Discussion ended.
B. Town of Cable/Malcolm Haag (Cable) – (EIA and Continue to Operate Existing
Non-Metallic Mine) request a conditional use permit for the continuation of
the non-metallic mine. Property is in a Municipal (M) zoning district; is one 23-
and one 17-acre parcel (Tax ID# 9019 & 9020); described as the SW 1/4 of SE
1/4, Section 22, Township 43 North, Range 7 West, Town of Cable, Bayfield
County, WI.
Dean Hambrecht, Town of Cable Board, spoke on behalf of the request.
Hambrecht informed the committee that the non-metallic mine has been in
operation since the early 1970s with a majority of materials being outsourced. The
mine is important to the Town of Cable.
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.
7. Adjournment of Public Hearing:
Silbert made a motion to adjourn the public hearing, seconded by Ray. Motion
carried, 5-0. Adjourned at 4:10 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:10 pm.
9. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand – all present.
Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Mckenzie Slack-AZA, Erica
Meulemans-AZA, Mark Abeles-Allison-County Administrator, Paige Terry-Clerk III
(acting secretary)
10. Previous Business:
(A) Bayfield Storage LLC/Jon Nelson (Bayfield) – mini-storage (80x120) (tabled
May 19, 2022)
File Report: Hulstrom reread the applicant’s request that was postponed at the
meeting held on May 19, 2022, and explained that the applicant has 3 existing
storage buildings on the property and is proposing to build a forth. The item was
originally tabled because the town board had requested it be tabled until they had
an opportunity to meet and provide a recommendation. A committee member had
expressed interest in wanting to know whether any wetlands existed near the
proposed storage building. Hulstrom reported that the property had wetlands
located on it but the site where the proposed storage building would be located was
setback adequately from any wetlands.
Page 3 of 5
ZC Planning and Zoning Public Hearing and Meeting – July 21, 2022
Silbert motion to approve based upon consideration of the town board approval,
town planning commission approval, the community or general welfare and
economic impacts of the proposal and all zoning ordinances and all other
applicable laws, seconded by Strand. Motion carried, 5-0.
11. New Business
A. Town of Cable/Malcolm Haag (Cable) – (Reclamation Plan) request a
conditional use permit for the continuation of the non-metallic mine. Property
is in a Municipal (M) zoning district; is one 23- and one 17-acre parcel (Tax ID#
9019 & 9020); described as the SW 1/4 of SE 1/4, Section 22, Township 43 North,
Range 7 West, Town of Cable, Bayfield County, WI.
File Report: Hulstrom informed the committee that it was originally unclear to the
Zoning Department where the gravel pit would be located and additional
information on the location was provided by the applicant. Hulstrom reported that
the project description matches the reclamation plan that was reviewed and
approved by Land Conservation.
Strand motion to approve the Town of Cable/Malcolm Haag reclamation plan
based upon the Land & Water Conservation Department approval seconded by
Strand. Motion carried, 5-0.
B. Town of Cable/Malcolm Haag (Cable) – (EIA and Continue to Operate Existing
Non-Metallic Mine) request a conditional use permit for the continuation of
the non-metallic mine. Property is in a Municipal (M) zoning district; is one 23-
and one 17-acre parcel (Tax ID# 9019 & 9020); described as the SW 1/4 of SE
1/4, Section 22, Township 43 North, Range 7 West, Town of Cable, Bayfield
County, WI.
File Report: Hulstrom informed the committee that the site area has been
clarified by the applicant and the land use application will need to be updated
accordingly. The pit has been used as a non-metallic mine for many years.
Hulstrom stated there is a tall Esker at the site which is a unique formation in the
area.
Strand motion to receive and place on file the Town of Cable/Malcolm Haag EIA
seconded by Pocernich. Motion carried, 5-0.
Pocernich asked if an additional motion would need to be made to allow the
continuation of the operation of the non-metallic mine. Rondeau replied yes.
Pocernich motion to approve the Town of Cable/Malcolm Haag application to
allow the Town of Cable to continue to operate existing non-metallic mine for the
next 10 years with no conditions, seconded by Silbert. Motion carried, 5-0.
C. David Wikstrom/Town of Barksdale, John Nyara (Barksdale) (in
shoreland/wetlands) – request a special use permit to build a skating rink
warming shed to replace old warming shed on the same site, 21’ x 19’.
Property is an Ag-1 zoning district and consists of 40-acre parcel (Tax ID# 530);
Page 4 of 5
ZC Planning and Zoning Public Hearing and Meeting – July 21, 2022
described as SE1/4-SE1/4, NE1/4, of Section 34, Township 48 North, Range 5
West, Town of Barksdale, Bayfield County, WI.
File Report: Hulstrom informed the committee that the applicant has applied for
a Class B permit to replace the current warming shed on the property. The current
structure is nonconforming and does not meet the road or the highwater mark
setbacks.
Strand asked if the structure would qualify for any permits should the municipality
no longer own it. Hulstrom read an excerpt on the termination of special use
permits as follows: “Special use permits shall automatically terminate 12 months
from date of issuance should the authorized land activity, land alteration, or use
has not begun within such time. If a special use is discontinued for 36 consecutive
months, the special use permit authorizing it shall automatically terminate and any
future use of the building structure or property to which the permit pertains shall
conform to this chapter.” Pocernich clarified that the property is owned by David
Wikstrom and the existing warming shed was built before the zoning code was
established so the structure is now in violation of the code.
Silbert motion to approve based upon consideration of the town board
recommendation, relevant public input, and the community or general welfare and
economic impacts of the proposal, seconded by Ray. Motion carried, 5-0.
12. Other Business
D. Minutes of Previous Meeting (June 16, 2022, and June 28, 2022):
Strand motion to approve the minutes from June 16, 2022, as presented,
seconded by Silbert. Motion carried, 5-0.
Hulstrom stated that the June 28, 2022, minutes are unavailable and would be
presented at the next meeting.
E. Discussion with staff regarding a potential code change to Section 13-1-29
(Multiple Unit Development). Hulstrom informed the committee that she is
looking for input regarding potential changes to be made to Section 13-1-29 in the
Bayfield County Code of Ordinances. Hulstrom explained that she has reached
out to other counties for input on their open space requirements for Multiple Unit
Developments. Some counties stated their code had a limit to the amount of open
space and other counties stated they had no requirements when it came to open
space. Hulstrom suggested two options for altering the MUD open space
requirements either a percentage based on the number of dwelling units within the
structure or a floor area ratio method. Silbert asked if Corporation Counsel would
be able to review and revise the ordinance that would make the language in the
ordinance clearer. Committee members agreed that the language of the ordinance
is too restrictive and unclear. Discussion regarding implementing the floor ratio
method and altering the ordinance so MUD applications may be granted by right
in specified zoning districts if they fulfill all conditions. The committee agreed that
the R-1 through R-4 and R-RB zoning districts should be permitted by right for
MUD permit applications if all conditions are met. Strand added that the ratio
standards should differ for each district. Hulstrom suggested considering adding
the Commercial zoning district to the list as some mixed-use commercial buildings
Page 5 of 5
ZC Planning and Zoning Public Hearing and Meeting – July 21, 2022
also contain residential dwellings. Ray questioned why the 3(B) requirements do
not appear to apply to the Town of Bayfield. Pocernich and Abeles-Allison
explained that the Town of Russell and the Town of Bayfield has an overlay district.
Discussion regarding open space requirements.
F. Committee members discussion regarding matters of the Planning and
Zoning Department
Rondeau asked Abeles-Allison for clarification on the large number of CSMs that
not been completed. Abeles-Allison explained that he has spoken with Hulstrom
and Corporation Counsel about the issue and stated he and Hulstrom had a
meeting with the County Surveyor the following day to discuss the matter further.
Abeles-Allison reported that the back log of CSMs should be completed over the
next week.
Rondeau questioned Hulstrom about the case of Ben Shanks regarding why he
was given two conflicting answers to his project questions. Hulstrom stated she
would need to discuss the matter with her staff and did not have an answer at this
time. Discussion regarding the backlog of permits. Hulstrom reviewed the permit
process and timeline. Ray stated he has heard of multiple projects being held up
due to the unavailability of the building inspector.
Abeles-Allison asked if Hulstrom would be available to meet with Mr. Shanks
after the meeting. Hulstrom answered yes.
13. Monthly Report / Budget and Revenue
Hulstrom reported the number of issued land use permits is on par from the previous
year. Franki is in the process of being trained to issue land use permits. Twenty-eight
sanitary permits have been issued, which exceeds the previous year’s numbers.
Pocernich asked for clarification on the process to issue sanitary permits. Hulstrom
explained that there are state statutes applied to the process along with Bayfield County’s
code. Pooler and Slack are both certified POWTS inspectors and Meulemans is working
towards her certification. Slack reviewed the process for issuing sanitary permits and
sanitary inspections.
Silbert motion to receive and place on file the monthly report, seconded by Ray. Motion
carried, 5-0.
14. Adjournment
Rondeau called adjournment at 5:36 pm.
Prepared by PAT on 7/22/22; given to FIG 7/25/22
Final Approval on 8/18/2022
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2022/#7 July