HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/16/2023Page 1 of 10
Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MARCH 16, 2023
1. Call to Order of Public Hearing: Acting Chairman Silbert called the public hearing
to order at 4:01 PM
2. Roll Call: Pocernich, Ray, Rondeau via Teams, Silbert, and Strand – present.
Other’s present: Director-Ruth Hulstrom, AZA-Tracy Pooler via Teams, AZA-
Erica Meulemans via Teams, AZA-Mckenzie Slack via Teams, Franki Gross–
Secretary via Teams, Corp Counsel-John Carlson
3. Affidavit of Publication:Hulstrom stated the Affidavit of Publication was fulfilled.
Published Tuesday, February 28th, and Tuesday, March 7th, 2023.
4. Public Comment – Acting Chairman Silbert stated at this time, we'll open a meeting
for public comment limited to 3 minutes per citizen. If you wish to speak, make sure
you come forward. Make sure the microphones are on. The little red light will come
on. State your name so we have it for the record.
Mr. David Polkoski, Co-owner of Four Hundred Oaks, spoke and gave a family history
of the Polkoski name and who the family members are and their accomplishments.
Mr. Polkoski gave a history of how they came to own the property through it being
passed down from family members and that he is aware of an issue, the
driveway/road, that he didn’t believe it should be an issue after all this time.
Mr. Tony Polkoski, Co-owner of Four Hundred Oaks, spoke and stated they are
requesting to subdivide 120 acres into 18 lots which was surveyed by Pine Ridge
Surveying. All lots are at least 5 acres each and have been deemed buildable. The
DNR has investigated the property and found no issues to hold up the process, stated
Polkoski. The request was approved by the Town of Hughes, but a Public Notice
wasn’t satisfied properly so it needed to be re notified, said Polkoski. During the
second notice hearing a neighbor showed up and stated there was an easement road
in dispute so the Town of Hughes Tabled the request for further investigation into the
dispute.
Mr. Tim Cragin of Iron River expressed concern about the Four Hundred Oaks
subdivision request. Mr. Cragin would like to cancel the easement he granted to the
Polkoski’s if the survey is correct and the Polkoski’s have access without the
easement through his adjoining property.
5. Review of Meeting Format – Acting Chairman Silbert 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.
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
6. Public Hearing:
A. Chad & Robin Lisdahl (Iron River)are petitioning for a zoning district map
amendment located (in a shoreland zone). The parcel is a 1-acre parcel
(Tax ID #19564) described as a parcel of land in Gov’t Lot 1, in Doc# 2017R-
570218; Section 20, Township 47 North, Range 8 West, Town of Iron River,
Bayfield County, WI from Forestry-1 (F-1) to Residential-1 (R-1). (* Note:
parcels within one thousand (1,000) feet landward of the ordinary high-water mark of navigable lakes,
ponds, or flowages or within three hundred (300) feet landward of the ordinary high-water mark of
navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater is
deemed a shoreland and/or wetland zone). Metes and bounds & easement description(s) available
online through Planning and Zoning Committee agenda items.
Silbert asked three times if anyone would like to speak in support. No one
spoke. Silbert asked three times if anyone would like to speak in opposition.
No one spoke.
B. Gregory Merritt (Iron River) requests a conditional use permit to place (2)
Shipping Containers/Intermodal Containers (20’x8’x8H) and (40’x8’x8H).
Property is a Commercial zoning district; a 0.150–acre parcel (Tax ID#
20362), described as Lots 1, 2 & 3 in Doc #2016R-565941; in Section 7,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI.
Silbert asked three times if anyone would like to speak in support. No one
spoke. Silbert asked three times if anyone would like to speak in opposition.
No one spoke.
C. Gregory & Kimberly Dalbec (Barnes) request a conditional use permit
located (in a shoreland) to construct and operate a [Campground, [Public]
(*EIA required)] consisting of a parking lot; 28 RV sites with water and sewer
hook-up; storm water infrastructure; dumpster. No structures will be
constructed except a well house. Property is (3) parcels in R-RB zoning
district. Parcel #1 is a 4.0–acre parcel (Tax ID# 1283), described as a parcel
in Gov’t Lot 7 in Doc# 2018R-573264, Section 3 Township 44N, Range 9
W; Parcel #2 is a 0.991- acre parcel (Tax ID# 1339) described as a parcel
in the S ½ of Lot 2 in Doc # 2018R-573263, in Section 4, Township 44N,
Range 9 W and Parcel #3 is a 0.942-acre parcel (Tax ID# 1341) described
as CSM# 286 in V. 3 P. 84 in Doc# 2020R-584010 in Section 4, Township
44 North, Range 9 West, all in Town of Barnes, Bayfield County, WI. Included
in this request will be the requirement(s) of the Environmental Impact Analysis (EIA).
Silbert asked three times if anyone would like to speak in support.
Attorney Robert Eaton spoke and stated he represents Mr. & Mrs. Dalbec
in their request for a Conditional Use Permit for a campground, which is
permissible in an R-RB Zoning District. Attorney Eaton listed the
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
requirements for a Conditional Use Permit and stated that the Dalbec’s
meet and/or agree to all the requirements. Attorney Eaton stated the
Planning and Zoning Committee is established pursuant to Section 59.6972,
of the Wisconsin Statutes, and assumes thereby responsibilities, duties, and
powers, as provided therein. That statute provides in subsection 3S as part
of its approval process for granting the Conditional Use Permit under this
section, the County may not impose on a permit applicant the requirement
that is expressly preempted by federal or state law. Attorney Eaton also
stated that Section 59.69 sub 5E deals with Conditional Use Permits and
says if an applicant for a Conditional Use Permit meets or agrees to meet
all the requirement’s conditions specified in the County ordinance, or those
imposed by the County Zoning Board, the County shall grant the conditional
use permit.
Mr. Dalbec spoke and stated they agree with all the conditions and
Ordinances and want work with the neighbors in whatever way we can.
Dalbec also stated they are not trying to make anyone mad, but they just
want to have the campground they planned on when they bought the
property in 2018.
Silbert asked three times if anyone would like to speak in opposition.
Mr. Brian Johnston spoke in opposition to Mr. & Mrs. Dalbec’s request. Mr.
Johnston stated he sent in a letter of opposition and expressed concern
regarding the adopted and published Town of Barnes Comprehensive Use
Plan that is in effect until 2026. Mr. Johnston feels that the campground will
have a negative impact on the area, Robinson Lake, and the residences
surrounding the proposed campground.
Mr. Douglas Scheider spoke in opposition to the CUP request. Mr.
Scheider described his neighbor’s properties topography and stated the
EIA is inadequate citing discrepancies in location of the soil borings as it
related to areas of environmental concern on the subject property and the
description of property noted in the well report, included in the EIA, and
where on the Dalbec property is located. Mr. Scheider feels that the request
should be denied due to the potential negative environmental impacts.
Mr. Gary Kearns spoke in opposition stating his parents’ property is
adjoining and will be impacted negatively by the runoff from the
campground. Another concern, in Mr. Kearns opinion, is the noise that will
be generated in the area and most of the neighbors, like himself, want the
quiet to enjoy with their friends and family.
Ms. Patricia Scheider spoke in opposition to the Dalbec request. Ms.
Scheider was in opposition because there was no engineering stamp on
the EIA.
Discussion ended.
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
7. Adjournment of Public Hearing:
Ray made a motion to adjourn the public hearing, Strand seconded.
Motion carried, 5-0. Adjourned at 4:44 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Silbert called the
meeting to order at 4:45 pm.
9. Roll Call: Pocernich, Ray, Rondeau via Teams, Silbert, and Strand - present.
Other’s Present: Director-Ruth Hulstrom, AZA-Tracy Pooler via Teams, AZA-
Erica Meulemans via Teams, AZA-Mckenzie Slack via Teams, Franki Gross–
Secretary via Teams, Corp Counsel-John Carlson
10. New Business
A. Chad & Robin Lisdahl (Iron River) are petitioning for a zoning district
map amendment located (in a shoreland zone). The parcel is a 1-acre
parcel (Tax ID #19564) described as a parcel of land in Gov’t Lot 1, in Doc#
2017R-570218; Section 20, Township 47 North, Range 8 West, Town of
Iron River, Bayfield County, WI from Forestry-1 (F-1) to Residential-1 (R-1).
(* Note: parcels within one thousand (1,000) feet landward of the ordinary
high-water mark of navigable lakes, ponds, or flowages or within three
hundred (300) feet landward of the ordinary high-water mark of navigable
rivers or streams or to the landward side of the floodplain, whichever
distance is greater is deemed a shoreland and/or wetland zone). Metes and
bounds & easement description(s) available online through Planning and
Zoning Committee agenda items.
File Report: AZA Mckenzie Slack gave a summary of what is being
requested. Slack reported that the property doesn’t meet the current
requirements of an F-1 zoning district and stated that the Department sees
no issues with the Rezone request as the Rezone would allow for expansion
of an existing garage that would meet setback requirements in an R-1
zoning district. Hulstrom informed the Committee that the Town approved
the request without comment.
Strand made a motion to approve the Rezone based on the
consistency with the Town Comprehensive Plan, the Town Boards
recommendation, and consistency with Zoning Ordinance with
recommendation to the full board for approval. Seconded by Ray.
Pocernich asked if the property is zoned F-1 why doesn’t it meet the
requirements already. Hulstrom replied that because of the surrounding
properties also being zoned F-1, in the past the property most likely did meet
the requirements. Motion carried, 5-0.
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
B. Gregory Merritt (Iron River) requests a conditional use permit to place
(2) Shipping Containers/Intermodal Containers (20’x8’x8H) and
(40’x8’x8H). Property is a Commercial zoning district; a 0.150–acre parcel
(Tax ID# 20362), described as Lots 1, 2 & 3 in Doc #2016R-565941; in
Section 7, Township 47 North, Range 8 West, Town of Iron River, Bayfield
County, WI.
File Report: Hulstrom stated the Town recommended disapproval but
gave no comments or explanation as to why they disapprove. AZA
Mckenzie Slack gave a detailed description of the request and the property.
Hulstrom stated that there were multiple statements voicing concern and
asking for a denial of the request. Hulstrom reminded the Committee that
if they choose to approve, they have the option of placing conditions on the
approval. Ray asked for more history of the property and asked why there
is an ATF charge associated with this. Slack stated that an anonymous
complaint came in about the shipping container and when investigated Mr.
Merritt submitted an application for the ATF container and requested
placement of a second one. Silbert asked if there was anything else on the
property and Slack replied that there is trailer, a small RV, and some
fencing. It appears it’s a storage lot for the property owner stated Slack.
Silbert commented that the Commercial District is intended to provide for
the orderly and attractive grouping, at convenient locations, of retail stores,
shops, offices, and establishments serving the daily needs of the area.
Pocernich stated that he wished that the Town put a reason for the
disapproval so the Committee could understand what the reason is.
Pocernich made a motion to approve the CUP for the shipping
containers with the condition that there is a buffer, fence, or tree line
between the property and US Hwy 2. Discussion occurred about what would
be appropriate for fencing. Ray asked for clarification on how much
buffering needs to happen and Pocernich stated the buffer needs to
completely screen the containers from US Hwy 2 and that it needs to come
along side the containers and be high enough that the containers are not
visible from the Hwy at all. Slack asked the Committee to place a deadline
on the buffer placement, so the dept. has some guidance in enforcing the
Committee’s decision. Pocernich amended his motion to include
parameters of the buffer so it’s high enough and deep enough into the
property that the shipping containers are invisible to the highway and that
the buffer needs to be acceptable with the dept with a deadline of 1 year to
install. Seconded by Ray. Motion carried, 5-0.
C. Gregory & Kimberly Dalbec (Barnes) request a conditional use permit
located (in a shoreland) to construct and operate a [Campground,
[Public] (*EIA required)] consisting of a parking lot; 28 RV sites with
water and sewer hook-up; storm water infrastructure; dumpster. No
structures will be constructed except a well house. Property is (3)
parcels in R-RB zoning district. Parcel #1 is a 4.0–acre parcel (Tax ID#
1283), described as a parcel in Gov’t Lot 7 in Doc# 2018R-573264, Section
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
3 Township 44N, Range 9 W; Parcel #2 is a 0.991- acre parcel (Tax ID#
1339) described as a parcel in the S ½ of Lot 2 in Doc# 2018R-573263, in
Section 4, Township 44N, Range 9 W and Parcel #3 is a 0.942-acre parcel
(Tax ID# 1341) described as CSM# 286 in V. 3 P. 84 in Doc# 2020R-584010
in Section 4, Township 44 North, Range 9 West, all in Town of Barnes,
Bayfield County, WI. Included in this request will be the requirement(s) of the
Environmental Impact Analysis (EIA).
File Report: Hulstrom stated that the Town tabled the recommendation
because they cannot address this request until the April 18 meeting and the
Town is assuming that the Committee would table this request until the
Town gives their input.
Strand moved to table the application to give the Town the
opportunity to give their recommendation. Strand corrected his motion to
postpone rather than table and set a timeframe of one month. Seconded by
Rondeau. Motion carried, 5-0.
Agenda Review and Alteration
D. Four Hundred Oaks Subdivision (Hughes) – Preliminary plat review in F-1
File Report: Hulstrom stated that the Town tabled the recommendation
so they could investigate a dispute on some details of the survey.
Pocernich stated he was unclear as to why they are coming to the
Committee for approval. Hulstrom clarified the process is outlined in the
Ordinance and said it is standard procedure to review and approve the final
plat and review the preliminary plat.
Ray moved to postpone the review until the Town submits their input
or the June meeting, whichever one comes first. Seconded by Pocernich.
Motion carried, 5-0.
11. Other Business
E. Minutes of Previous Meeting – (February 16, 2023)
Ray made a motion to approve the Minutes as presented. Seconded
by Strand. Motion carried, 5-0
F. Discussion and Possible Action regarding short-term rental ordinance
amendment (A public hearing will occur at a future meeting)
File Report: Corp Counsel John Carlson spoke but Secretary was unable
to understand what was said in the recording. Hulstrom stated that the Dept
has reviewed the draft of the amendment and will be forwarding the
amendment draft to the Health Dept. for their review. Ray stated he would
like to change the permit duration to 2 years to ease the burden on the Dept
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
staff and would also like to add a limitation on fireworks on STR properties.
Strand asked for clarification on the benefits of an annual or bi-annual
duration. Hulstrom stated that having a renewal, whether annual or
biannual would be beneficial so the staff could address any concerns or
issues in relation to the adherence of the STR Ordinance. Corp Counsel
Carlson spoke and confirmed that the fees would be $250 for the initial
application and $100 for the renewal. More discussion occurred but was not
understood due to poor audio quality. Ray stated that he disagrees with an
annual fee with the staff having to meet with the property owners which he
sees as an unnecessary inconvenience. Making the STR permit non-
transferrable is a good idea, stated Ray, and removes the burden from the
Zoning Department staff. Strand asked if there would be an annual
inspection if the renewal was set for an annual basis because he doesn’t
see that it states that anywhere in the language. Hulstrom replied that yes
inspection is part of the process. Pocernich suggested that the fee gets
bumped up to $500 for a permit that is valid as long the applicants own the
property. Pocernich also stated he supports the language that the permit is
non transferrable if property is sold.
G. Discussion and Possible Action regarding bunkhouse language
File Report: Hulstrom stated the Dept is trying to develop language that
sets a standard for bunkhouses that’s not so broad in definition. Hulstrom
asked the Committee for the direction they would like the Dept to take. Ray
asked if he understood correctly that the memo he was looking at would be
what an Ordinance Amendment could look like. Hulstrom agreed it was.
Ray stated that what he would like to see from the Dept is what the new
Ordinance language would look like for ADU’s and expanded allowances
for 2nd residences and doing away with the term bunkhouse altogether.
Pocernich stated he would like to see ADU language be developed and
leave everything the way it is for now but eliminate the term bunkhouse with
the new language. Discussion occurred between the Committee members
about the direction to advise the Dept to go. Hulstrom confirmed she
understands what the Committee wants to see in the developed language
for ADU’s and eliminating bunkhouses altogether.
H. Discussion and Possible Action regarding environmental impact
analysis (EIA)
File Report: Hulstrom asked that the Committee allow this discussion item
to be moved to a future meeting.
I. Discussion and Possible Action regarding definition of solar
installations
Ray moved to Table indefinitely the permitting of Solar Installations.
Discussion occurred about the upcoming WCA webinar about this exact
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
item. Ray changed his mind and would like to continue the discussion after
the WCA meeting.
J. Discussion and Possible Action regarding boathouses
File Report:Hulstrom stated that the request for this discussion came from
Karl Kastrosky. Mr. Kastrosky would like clarification on Ordinance
number 8 and what is considered 1 story. Hulstrom stated the Ordinance
reads a boathouse shall not exceed one story, maximum height from the
boathouse floor to the top of the side wall shall not exceed 10 feet. The
footprint shall not exceed 400 square feet. Corp Counsel Carlson asked the
Committee if anything above the top plate in the rafters, like flooring and
stairs going up, is still considered only one story. The Committee discussed
different construction scenarios in which the 10’ side walls are adhered to
but there is still plenty of usable space above, and would or would that not
be considered a second story. Ray stated that as drawn, the example Mr.
Kastrosky presented does not show a second story, but rafters & trusses
and other components aren’t shown. Pocernich made a motion to allow
Karl Kastrosky to speak. Seconded by ?. Motion carried, 5-0 Mr.
Kastrosky gave a summary on what he believes is the true interpretation
of the Ordinance, and what his clients are doing with the space above the
wall height falls under compliance with the Ordinance, and that the Dept is
wrong in their assessment. Mr. Kastrosky asked the Committee to provide
a ruling to the Dept to allow this boathouse, shown in the example, to move
forward in the permitting process. Committee members discussed different
situations that would be considered 2nd stories vs attic space/storage space.
Rondeau stated that he believes having storage above the ceiling in a
boathouse is not, and should not, be considered a 2nd story, and that this is
a waste of Dept staff’s time chasing such a small issue. Rondeau also
stated he thinks the Dept should not pursue it any further. Ray moved that
the drawing as presented does not constitute a 2nd story and that the
applicant be allowed to precede in the permitting process. Seconded by
Rondeau. Discussion occurred about why boathouse Ordinance language
has such restrictions and Hulstrom stated that it is because boathouses do
not have to comply with the 75’ OHWM setback. Pocernich voiced his
displeasure with the oversight by the Dept on what people can put in the
storage area of a boathouse. Ray voiced his support of the regulations that
protect the waterways. Kastrosky stated that the Counties boathouse
Ordinance mirrors NR-115, the State’s Shoreland Guidance and that the
storage area is for boathouse items only. Silbert stated that to have a 2nd
story you must have a stud wall and the storage area in a boathouse is not
a 2nd story.Ray asked the Dept to provide other questions to the Committee
when they arise in clarification of a 2nd story. Strand commented that maybe
the Dept should look at removing the language related to “shall not exceed
1 story” from the Ordinance. Motion carried, 5-0
K. Committee Members discussion(s) regarding matters of the P & Z
Department
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
Pocernich questioned the Department about an application for a privy in
the Town of Kelly for a Camp site rental and why they require a 200-gal
portable privy. Pocernich stated that the email he received about this stated
that standard portable privy size is 65 gal. Hulstrom replied that in the
Ordinance any habitable structure requires no less than 200 gal for a privy.
Ray stated that the Dept should look at an amendment to the Ordinance if
the standard of a portable privy is 65 gal and 200 gal, which is huge, is what
is required. AZA Mckenzie Slack commented that portable privies are
regulated at the County level and not by DSPS. Hulstrom asked the
Committee if the Dept should research the standard size of a portable privy
is in fact lower than the required 200 gal, and report the findings along with
any recommended Ordinance language changes or amendments. The
Committee agreed that is what they want.
A break in the meeting occurred for members to go to the restroom.
Hulstrom commented that the only other matter to address was that the
staff would like to ask for an allowance for boots & clothing which wasn’t in
the budget for this year. Approx $200 per staff for a maximum of 4 staff is
what Hulstrom stated. Ray commented he would support this request.
12. Motion to Move into Closed Session
Strand moved to go into closed session. Seconded by Ray. Motion
carried, 5-0 @ 6.33PM
13. Motion to Move out of Closed Session
Ray moved to come out of closed session. Seconded by Pocernich.
Motion carried, 5-0 @ 6:55PM
14. Other Business
L. Discussion and Possible Action to rescind the Committee’s motion at the
February 16, 2023, Planning and Zoning Committee meeting regarding a
Conditional Use Permit requirement for property located at 3305 Bony Lake
Road in Town of Barnes
Pocernich made a motion to rescind the Committee’s motion at the
February 16, 2023, Planning and Zoning Committee meeting regarding a
Conditional Use Permit requirement for property located at 3305 Bony Lake
Road in Town of Barnes. Seconded by Ray. Motion carries, 5-0
M. Discussion and Possible Action regarding a Conditional Use Permit
requirement for property located at 3305 Bony Lake Road in Town of Barnes
No discussion or action
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Planning and Zoning Committee Public Hearing and Meeting – March 16, 2023
N. Discussion and Possible Action regarding allowing the Cochrane’s, upon
their request, to rescind the withdrawal of the Conditional Use Permit at
3305 Bony Lake Road in the Town of Barnes
No discussion or action
15. Monthly Report / Budget and Revenue
Hulstrom stated there is no Monthly Report for this meeting but will have it for
April’s meeting.
16. Adjournment
Silbert called adjournment at 6:58 pm.
Prepared by FIG on 3/31/2023; given to RH 3/31/2023
Approved by RH on 4/5/2023
Sent to PZC on 4/5/2023
Final Approval on 4/20/2023
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2023/Mar