HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 6/15/2023
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Planning and Zoning Committee Public Hearing and Meeting – June 15, 2023
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
JUNE 15, 2023
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to
order at 4:01 PM
2. Roll Call: Pocernich, Rondeau, Silbert, and Strand – present. Ray - Absent
Other’s present: Director-Ruth Hulstrom, AZA-Tracy Pooler, and Franki Gross–
Secretary
3. Public Comment – Chairman Rondeau stated at this time, we will 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.
Ms. Kimberly Suske spoke and expressed concern regarding the commercial storage
building request and the impact the light pollution will have on the area. Ms. Suske
requests that the Committee consider placing conditions on the applicant that they
have maybe motion activated lights or some kind of restrictive measures to reduce the
impacts from lighting.
Mr. Tom Croteau addressed the Committee expressing concerns about the
commercial storage building request directly to the South from his property. He also is
concerned with light pollution from the storage facility and the effects on his property
value having a commercial building next to him. Mr. Croteau would like the Committee
to consider conditioning the applicant to place a natural barrier between the properties.
4. Review of Meeting Format – Chairman Rondeau stated there is no Public Hearing
so the meeting will move on to New Business.
5. New Business
A. Ross Lightner (Bayview) – request a Special Use Permit for Storage
(Campers, Boats, Mini-Storage, Etc.) in an A-1 zoning district. Property is an
A-1 zoning district; a 4.75–acre parcel (Tax ID# 37489), further described as A A
Bigelow & Co Sub Lot 55 in Doc# 2021R-590458 in Section 29, Township 46 North,
Range 4 West, Town of Bayview, Bayfield County, WI. The proposed use includes
the construction of a new 40’ x 150’ storage building.
Hulstrom gave a summary of the applicant’s request and the property details.
Hulstrom stated the property is undeveloped and requires a Class-B for the
storage building usage. Hulstrom stated that the Town Board approved the
request and placed the conditions that the lighting must be downward facing, the
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Planning and Zoning Committee Public Hearing and Meeting – June 15, 2023
units be limited to 30, and the building be painted a neutral color. Pocernich had
questions for the applicant about how long he has owned the property and Mr.
Lightner replied 2 years come August. Pocernich asked if there were other
structures on the property and Lightner stated there is an old chicken coop that
has fallen over but that is all. Silbert mentioned that Mr. Lightner has some
storage facilities in Washburn, and they are well cared for and look very nice.
Silbert made a motion to approve the Special Use Permit request for Mr.
Lightner citing the Town’s conditions, downward facing lights that are dark sky
compliant, 30-unit limit, and neutral paint color, and additionally some fencing
or barrier between Mr. Lightner’s property and Mr. Croteau, and if possible be
respectful to Ms. Suske’s side of the property, based on Zoning Ordinance and
all other applicable laws, consideration of the Town Board recommendation,
relevant public input, the maintenance of safe & healthful conditions, and the
community or general welfare and economic impacts of the proposal. Hulstrom
asked Silbert to repeat his motion because she didn’t get everything written
down and wanted to make sure she didn’t miss anything and make sure she
got the details of the conditioned screen or fencing correct. Silbert clarified that
the screening or fencing be long enough & high enough to hide the building
from Mr. Croteau’s property. Strand asked if the 40’ x 150’ building is being
replaced with the 30-unit limit? Silbert stated that the 40’ x 150’ is what is being
asked for and there will be 15 units on each side for a total of 30 units. Mr.
Lightner confirmed that is correct. Hulstrom asked if the barrier is only for the
North property boundary. Silbert stated yes, where the residences are located.
Mr. Lightner asked for confirmation that placing a natural barrier like a tree
fence would satisfy Mr. Croteau and the Committee. Mr. Croteau stated yes
that is what he would prefer over a chain link fence. Pocernich asked the Chair
why there isn’t a public hearing on this item and Hulstrom answered that this
is a Class-B and doesn’t require a public hearing. Seconded by Strand.
Motion carried, 4-0
6. Other Business
B. Minutes of Previous Minutes: (May 18, 2023 & July 1, 2023)
Hulstrom noted the July 1st, 2023, should be corrected to state June 1st, 2023
Special Meeting. Strand also noted a correction in the May 18th minutes that
he cited the Smith request and meant the Dalbec request.
Strand moved to approve the Minutes of the May 18th, 2023, Planning and
Zoning Committee meeting with noted correction & the June 1, 2023, Special
Meeting. Seconded by Silbert. Motion carried, 4-0
C. Discussion and possible action regarding Boathouse Ordinance Amendment
Hulstrom stated the Committee should have been provided with all of the
correspondence that the Department received back from some of the other
counties that have also been struggling with boat houses. Some of the issues
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Planning and Zoning Committee Public Hearing and Meeting – June 15, 2023
the Department has been seeing are individuals utilizing boathouses for non-
boathouse purposes, some as residences, some as patio houses, and party
houses. The Department's concern is that the existing language regarding
development of boathouses is not making it clear that these boathouses are
meant to be utilized for boathouse only purposes. Hulstrom stated she feels
like that is communicated with some of these emails the Department got back
from other counties that are struggling with similar issues and had to update
their boathouse language to make it clearer that the boathouse needs to be
designed in a way where it minimizes the possibility of individuals using it for
non-boathouse purposes. Strand commented on the flat roof design and
Hulstrom stated that boathouse roofs must be gabled here in Bayfield County
but there is no pitch requirement. Silbert asked about foundation standards
and Hulstrom replied there are no restrictions on what a boathouse can be
placed on. Discussion occurred about the standards that other counties have
in place for boathouses, specifically Waushara County. The Committee noted
they like the idea of adding a boathouse to the deed and that would be passed
along to whoever purchased the property and they would be aware that that is
a boathouse, and it should be utilized for boathouse purposes only. Pocernich
asked what Bayfield County’s setback is for a boathouse and Hulstrom replied
10’ from the OHWM with no maximum. Hulstrom stated our ordinance
language states a boathouse is an accessory structure and cannot be the first
structure on the parcel, has a gable roof with eaves not to exceed 24 inches
and shall be designed, constructed, and used solely for the storage of boats
and or related equipment, and shall not include any habitable living area,
including, but not limited to decks, patios, lean-tos, or porches. Pocernich
asked if in our Ordinance we address plumbing. Hulstrom replied it states
boathouses should not be equipped with potable water supply, fireplaces, patio
doors, food prep equipment, furniture, any other features inconsistent with the
use of the structure exclusively as a boathouse. Pocernich asked for
clarification on when the affidavit would be used to record a boathouse on the
deed. Hulstrom stated if the applicant was to want any kind of loft, 2nd story,
etc., they would have to record the affidavit signing that they understand that
they will build within the parameters of the ordinance language. Strand asked
if Hulstrom understood the direction the Committee would like Hulstrom to
explore regarding the different elements of the ordinance language from the
other counties to make it clear that boathouses are for nautical uses only.
Hulstrom stated she did.
D. Discussion and possible action regarding Code Re-write
Hulstrom stated that the Department is anticipating the code re-write to begin
early next year. The Comprehensive Plan should be finalized by the end of the
year and then the Department can begin pursuing funds for the re-write such
as potential grant funds that could be utilized as matching funds. A number of
ideas have been discussed, stated Hulstrom, as to how that could be done,
but the one that rises to the forefront is looking at working with a third party or
a consulting firm to help facilitate the code re-write and then having staff and
the Planning and Zoning Committee or a steering committee help make sure
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Planning and Zoning Committee Public Hearing and Meeting – June 15, 2023
that the re-write aligns with the needs of the field. Hulstrom stated that she is
reaching out to get some numbers from consulting firms to present to the
Committee. Rondeau voiced his support for a re-write due to the ordinances
being so hard for a layman to understand. Rondeau also commented that the
potential consulting firm have references in having experience with counties
like Bayfield and not a firm that is used to dealing with a county of say 400,000
people. Silbert also gave support to the idea of hiring a consultant to help make
the language easier to understand. Strand concurred that we need an outside
consultant firm to do much of this but with substantial department input. Strand
also commented that it is important to make sure that the potential firm will do
what we want to do and not be boilerplate.
E. Committee Members discussion(s) regarding matters of the P & Z Dept.
Hulstrom noted that the Department anticipates putting in an additional request
for more staff, at a minimum a part-time office person as well as being in
discussion with Public Health about a possible short-term rental shared
position. That person could help with doing some inspections for land use and
sanitary, but their main specialty focus area would be short-term rentals.
Hulstrom also stated that the Department anticipates a potential office staff
retirement in the future. The Department doesn’t know exactly when, but we
are trying to plan for the future, with future staffing as well, as we continue to
see permit load increases. The Department wants to make sure that we're able
to be timely in our review and issuance, commented Hulstrom, and so making
sure that we can staff appropriately to be able to do that since there is a lot of
regulations to review. Silbert asked how the proposed arrangement with Public
Health would work. Hulstrom stated that the position would not be required to
be a sanitarian but would be overseen by a sanitarian for the Public Health
portion, and for the Zoning Department portion the person would be POWTS &
Soils certified and be versatile in the Department.
7. Monthly Report / Budget and Revenue
Hulstrom stated the Committee should have received the monthly report for May
2023 in their packet in Dropbox. Hulstrom also stated that land use permits &
sanitary permits are both up compared to last year and the Department continues
to be busy.
Strand made a motion to receive and place on file the Monthly Report for
May 2023. Seconded by Silbert. Motion carried, 4-0
8. Adjournment
Rondeau called adjournment at 5:10 pm.
Prepared by FIG on 6/31/2023; given to RH 7/7/2023
Approved by RH on 7/10/2023
Sent to PZC on 7/11/2023
Final Approval on 7/20/2023
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web