HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/17/2023
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
AUGUST 17, 2023
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 were: Director-Ruth Hulstrom, Tracy Pooler-AZA, Alessandro
Hall-AZA and Franki Gross- Secretary.
3. Affidavit of Publication: Hulstrom showed the audience the affidavit of
publication, published Tuesday, August 1st and Tuesday, August 8th, 2023, and the
certified mailing receipts, and the return signature cards, except for the Towns of
Bayfield & Barksdale.
4. Public Comment – 3 minutes per citizen. No one spoke.
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. Christopher Call / John Thomas (Drummond) are petitioning for a zoning
district map amendment located (in a shoreland). The parcel is a 5.0-
acre parcel (Tax ID #14841) described as South Half of the North Half of
the South Half of the Southeast Quarter of the Northeast Quarter (S ½ N ½
S ½ SE ¼ NE ¼), in Document # 2017R-568605, Section 36, Township 44
North, Range 8 West, Town of Drummond, Bayfield County, WI from R-2 to
R-1.
Christopher Call spoke on behalf of the request and explained that by R-2
setback standards their 165’ lot would only have 15’ left of buildable area
and rezoning the property to R-1 would be more applicable to this property
with a 10’ property line setback. Mr. Call said they would like to update the
old cabin to a lake home and build a garage.
Rondeau asked if anyone wishes to speak in support.
No one spoke in support.
Rondeau asked if anyone wishes to speak in opposition.
No one spoke in opposition.
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
Discussion ended.
B. A petition by Ruth Hulstrom, Director of Planning and Zoning, on
behalf of the Bayfield County Planning and Zoning Committee,
requesting amendments to the Bayfield County Zoning Code of
Ordinances, including the following: Amendment of Section 13-1-107
(1.4) to adopt SPS 327 of the Wisconsin Uniform Dwelling Code into the
Bayfield County Code of Ordinances.
Hulstrom spoke on behalf of the request recommending an ordinance
amendment to update the UDC standards that exist in the County
ordinance, and it is in preparation to renew our delegation for any UDC that
the County would have oversight over. Hulstrom added that any Towns that
have not been delegated, the UDC would then fall under the County, so this
is to allow us to move forward soon with the renewal of that delegation.
Rondeau asked if anyone wishes to speak in support. No one spoke in
support.
Rondeau asked if anyone wishes to speak in opposition. No one spoke in
opposition.
Discussion ended.
7. Adjournment of Public Hearing:
Strand made a motion to adjourn, Silbert seconded. Motion carried. 5-0
Adjourned at 4:05 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:06 pm.
9. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand –all present.
Other’s present were: Director-Ruth Hulstrom, Tracy Pooler-AZA, Alessandro
Hall-AZA and Franki Gross- Secretary
10. Business:
A. Christopher Call & John Thomas (Drummond) are petitioning for a zoning
district map amendment located (in a shoreland) from R-2 to R-1. The
parcel is a 5.0-acre parcel (Tax ID #14841) described as South Half of the
North Half of the South Half of the Southeast Quarter of the Northeast
Quarter (S ½ N ½ S ½ SE ¼ NE ¼), in Document # 2017R-568605, Section
36, Township 44 North, Range 8 West, Town of Drummond, Bayfield
County, WI
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
File Report: Hulstrom stated the property owners are requesting a
rezoning from R-2 (Residential 2) to R-1 (Residential 1) for the property
identified as Tax ID 14841. The subject property was created in 1959 in its
current configuration. A lot zoned R-2 is required to be 4 1/2 acres in area
and 300 feet in width, and principal structures need to be 75 feet from
adjacent property lines stated Hulstrom. The subject lot is 165 feet wide
and 3.11 acres in area and is more in alignment with R-1 zoning dimensional
standards which are 150 feet in width and 30,000 square feet in area.
Hulstrom also noted that R-1 zoning district allows principal structures &
accessory structures to be as close as 10 feet from adjacent property lines.
There are other R-1 properties in the immediate area and the Town of
Drummond’s Future Land Use Map indicates the property to be shoreland
residential. Hulstrom stated the Town did support by recommending
approval of this rezoning, and they stated that the parcel size is more
consistent with R1 zoning.
Silbert motioned that we approve the rezone of the Call and
Thomas property from R-2 to R-1 and recommend its passage at the full
board based on the Town Board approval, Zoning Ordinances. no relevant
opposition, and the community or general welfare and economic impacts of
the proposal. Ray seconded. No further discussion. Motion carried. 5-0
B. A petition by Ruth Hulstrom, Director of Planning and Zoning, on
behalf of the Bayfield County Planning and Zoning Committee,
requesting amendments to the Bayfield County Zoning Code of
Ordinances, including the following: Amendment of Section 13-1-107
(1.4) to adopt SPS 327 of the Wisconsin Uniform Dwelling Code into the
Bayfield County Code of Ordinances. This chapter pertains to UDC
requirements for camping units.
File Report: Hulstrom stated this petition is meant to update the County
Ordinance to be in alignment with the State regulations as they pertain to
delegation of the UDC requirements and Chapter 327 applies to camping
units.
Silbert asked what it refers to or means to be delegation. Hulstrom replied
that the Uniform Dwelling Code applies to one- and two-family residences,
accessory residential structures, as well as camping units and there's
certain standards that apply then to all those types of structures that are
meant to be enforced statewide. The delegation process is an application
that you make to the State if you wish to take on the oversight of that UDC
code for the local jurisdiction. Hulstrom stated in this case, the County has
chosen to take on the delegation of the UDC standards for any Towns that
do not adopt the UDC standards into their Town Code, and then the County
is responsible for oversight of the UDC standards for any of those Towns.
Silbert asked why the petition refers to SPS 327 and campgrounds.
Hulstrom replied camping units, not campgrounds, is what is being
referenced and camping units is defined in the UDC standards and certain
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
parameters need to be met. Ray asked for clarification on what a camping
unit is. Hulstrom responded that she didn't have the exact definition for a
camping unit before her but will provide that to the Committee at a later date.
Hulstrom noted when she was in correspondence with the State contact for
local delegations, they had noted in order for the Department to renew our
delegation, we needed to add this chapter of the State Code to our
ordinance.
Strand moved to forward the request on to the full County Board with
a recommendation of approval to put us in alignment with State regulations.
Ray seconded. No further discussion. Motion carried. 5-0
Agenda Review and Alteration
C. Town of Barnes/April Powell (Barnes) – Public & Municipal Building
(Municipal Storage/Garage Structure - 32x32x12H) in R-1 Zoning District. A
3-acre parcel (Tax ID #3743), described as Meyers & Worthington 1st ADD
Lot 6-17 INCL Block 19, Section 20, Township 45 North, Range 9 West,
Town of Barnes, Bayfield County, WI.
File Report: Hulstrom stated the Town of Barnes submitted a Special Use
application proposing to place a 32’ x 32’ x 12’ in height, Public/Municipal
building to house trail grooming and other equipment. The subject property,
stated Hulstrom, is comprised of 12 subdivision lots, none of which meet
the current R-1 dimensional requirements. The Town would be required to
combine the lots by a CSM to build over or encroach the R-1 setbacks,
noted Hulstrom.
Silbert asked how many lots need to be combined. Hulstrom stated legally
the entirety of that tax parcel is described as Lot 6 through 17, Block 19, of
Meyers and Worthington, 1st Addition, and when the department
researched the area, some of those lots are as narrow as 30 feet, so it's
hard to know where exactly within that tax parcel they're proposing to place
the structure. Hulstrom noted the Department would anticipate working with
the Town of Barnes to confirm that they're meeting the required
setbacks. Ray asked if a Certified Survey would be required or could they
be combined by description. Hulstrom replied that because the lots were
previously part of a Subdivision Plat a Certified Survey would be required.
Ray motioned to approve Town of Barnes proposal for a public and
Municipal building in R-1, Tax parcel ID, 3743, to construct a new 32’ by 32’
garage based upon consistency with Town Comprehensive Plan and Town
recommendation, and not a condition of the permit, but a recommendation
with the permit, any future development of the property undertake a
combining of the lots. Silbert seconded for discussion. Silbert stated that
the term future development is a little vague and clarified that was just a
recommendation not a condition of approval. Ray confirmed it was a
recommendation and stated he understands the taxation issues and future
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
development of the property becoming a complication and just having that
noted for the Town maybe they'll just clean it up. Strand stated he would
have to vote against the motion as it stands due to his belief that the Town
wouldn’t be able to build the structure without combining lots now. Ray
withdrew his motion. Silbert withdrew his second. Strand moved to approve
the Municipal building for the Town of Barnes as proposed, with the
condition that they combine lots into a new parcel, as needed, by a Certified
Survey Map and including a recommendation that they Rezone the parcel
to Municipal. Silbert seconded. Hulstrom asked for clarification on what
time frame the rezoning would need to happen and if that is going to be a
condition of approval for the Special Use Permit for the Municipal structure.
Strand stated the rezoning is only a recommendation. Motion carried. 5-0
11. Other Business
D. Minutes of the previous meeting: (July 20, 2023)
Silbert motioned to approve the minutes of the July 20th Planning &
Zoning Committee meeting. Ray seconded. Gross commented that she
mistakenly omitted Marty Milanowski & Madeline Rekemeyer as attendees
and will be correcting that and adding them in. No further discussion. Motion
carried. 5-0
E. Discussion and Possible Action regarding Boathouse Ordinance
Language (Section 13-1-22(a)(5)(b)
File Report: Hulstrom stated before the Committee is some drafted
language related to updating the boathouse Ordinance and the main thing
to note is that the Department is trying to make sure that these structures,
because they're allowed to be closer to the water than any other structure
are being utilized in the manner that they're being permitted for. One of the
ways, stated Hulstrom, is by further defining how a boathouse can be
designed. In this case, the Department is looking to add language that
boathouses shall not have any wall or door access opening more than 1/3
transparent, shall have a Gable roof with eaves not to exceed 24 inches, a
roof pitch from a minimum of 4 / 12 rise to run to a maximum of 6 / 12 rise
to run, the footprint shouldn't exceed 400 square feet including the eaves
and overhangs, and finally, creating an affidavit to be recorded at the time
the property owner applies for a permit for a boathouse. By clarifying,
through the means of an affidavit that transfers from property owner to
property owner at the time of sale, that the usage of the structure on that
site is not meant to be anything more than boathouse storage. Hulstrom
stated the Department would like to get comments or feedback from the
Committee on the suggested language for boathouses.
Ray asked how many applications the Department is getting, roughly, on an
annual basis for boathouses. Hulstrom replied that without doing a query
she couldn’t answer that question but stated that it happens frequently in
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
the sense of at least monthly. Ray also asked would the term more than 1/3
transparent side include a screen and/or a boathouse that did not have
siding. For example, a timber frame boathouse, simple A-frame with a roof,
or would a person be forced to have siding then on their boathouse, because
actual boathouses oftentimes are open to the air on all sides. Hulstrom
stated this language is for new boathouses. Would someone be forced to
enclose or place siding on a new boathouse asked Ray and Hulstrom
stated this language is with the intention that the structure is enclosed.
Silbert commented he would like the language to reflect information on
where to find Best Management Practices (BMP) in reference to 13-1-
22(a)(5)(b) because how can BMPs be followed unless you know where to
look, creating less confusion. Hulstrom noted the Department will look at
where to add it without creating a link within the Ordinance, as that is very
difficult to change. Silbert also stated he thinks the wording in reference to
13-1-22(a)(5)(b)(11) or should be and in A Boathouse must use exterior
building materials “or” treatments that are inconspicuous and blend with the
natural setting of the site. Hulstrom noted that can be updated as well.
Silbert commented, 13-1-22(a)(5)(b)(13) could have information on where
to find Department of Safety and Professional Services standards for
railings on existing boathouses just like BMPs. Again, Hulstrom noted the
Department will look at where to add the references to informational
resources. Silbert also noted that 13-1-22(a)(5)(b)(14) is unclear and
should specifically state boathouse when referencing “occupancy of such
dwelling for living purposes shall be considered to be a violation of this
chapter.”. Silbert asked for clarification of the language in 13-1-
22(a)(5)(b)(15) containing the height of the loft shall be lesser than 7 feet in
height, measured from clear vertical distance between the finished floor and
finished ceiling. Does the Department mean the finished floor of the loft.
Hulstrom confirmed it does. Silbert stated he would like to see the word
loft added after finished floor. Ray commented that, as he has stated
previously, he would like to see boathouses be removed completely as a
use because to ask the Department to police people’s activities and
properties is creating a nuisance now and for the future. If we have this in
our ordinance, we need to realize that our lake shores will largely be
populated with boathouses in the future, and how would you not add that to
your property if you had the financial means, to add a cute boathouse in
front of your place. That means every house on every lake shore is at
increasing risk of that much more development right in front of it and we're
asking our Zoning Department to push back against human nature, which
is to have fun sitting on the lake shore. That's the whole point up here, so
it's just trouble. Hulstrom stated that boathouses are deemed an exempt
structure in the State standard so the County cannot do away with them
completely. Discussions the Department has had with the Shoreland
Specialist, stated Hulstrom, revealed the only option is to provide some
further language in terms of regulating the boathouses within the
parameters that exist for the State regulations. Ray asked or further
discussion and clarification on the language regarding the side and the
siding because he has concerns with forcing people to put siding up
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
regardless. Silbert commented he can understand Rays disagreement with
the siding but thinks there needs to be some parameters and believes this
Ordinance language does it. Strand suggested the Committee not act on
this item and have it on the agenda at a future meeting with the suggested
changes indicated tonight. Rondeau stated he agrees with Strand.
Pocernich stated he does not support the changes in language especially
13-1-22(a)(5)(b)(14), a recorded affidavit on a title or on the land, Pocernich
stated, is above and beyond ridiculous. When you build a boathouse, or
somebody buys the place they're told they can't inhabit it, so it doesn’t need
to be on the Deed. Pocernich asked if all accessory structures will require
Affidavit with conditions that it’s not to be habitable. If so, Pocernich stated
he won’t support the actions or language.
F. 2024 Draft Budget
File Report: Hulstrom stated the Main things to note is the Department is
wanting to add some new staff for next year, requesting a full-time office
staff person as well as a shared position with Public Health to try to create
a more cohesive process for short term rental approvals along with this
position being POWTS & Soils Certified. Hulstrom noted another impact on
the budget is the start up for the Code rewrite and the implementation of the
new permitting software. Ray asked if the Department already has a truck
and Hulstrom confirmed yes. The Department received a swap from the
Sherriff’s Department for a truck because of the higher chassis. Ray asked
if the Department had considered anything electric and Hulstrom noted that
a hybrid was included in the request. Strand noted an increase in zoning
permits and fees and asked if that was based solely on the number of
permits or are there proposed changes in the fee schedule. Hulstrom
replied that the Department anticipates increasing the fee schedule slightly,
by about 30%, but it won't be across the board. The Department is working
on bringing an Ordinance Amendment to the Committee to remove the fee
schedule from the Ordinance in the future so that it's easier to update as
needed. Hulstrom stated it would still be anticipated that the Planning and
Zoning Committee and the full Board of Supervisors would review and
approve that fee schedule before it would go into effect. Pocernich asked
for clarification from the Department that they are anticipating increasing the
budget $500,000+. Hulstrom confirmed that was correct with the code
rewrite, the permitting software, and new staff.
G. Discussion and Possible Action regarding new permitting/licensing
software
File Report: Hulstrom stated the Department has been researching and
demoing permitting licensing software programs and has concluded that the
Catalyst Permitting and Licensing Software would be the best option for the
Department’s needs. Other departments have been included in the demoing
of the different software programs and they've all signed off on the proposed
software that the Department would be looking to sign a contract for and
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Planning and Zoning Committee Public Hearing and Meeting – August 17, 2023
start implementation of. Hulstrom stated the Department would like to get
the contract signed this year and begin prepping for that implementation
process, as it's going to take about 60 days to transition over all the data
and get everything set up. The Committee can anticipate a budget
amendment to get that software program up and running this year.
H. Discussion and Possible Action regarding 2023 budget amendment
for new permitting/licensing software.
Strand asked how much the Department anticipates the budget
amendment to be. Hulstrom noted that the Department has about $14,000
to put towards the $49,400 so about $35,000. Silbert asked if Paul Houck
from the IT Department had been consulted and Hulstrom replied yes,
Houck was present for the demo. Strand asked for the budget amendment
be on the agenda soon for it to be in effect for 2024.
I. Discussion and Possible Action regarding draft RFP for code rewrite
File Report: Hulstrom stated that the Committee has been provided with
the most current updated RFP Code rewrite document. Ray suggested that
the last sentence on the first page, under project overview, due to the
demands of development and outdated zoning code, be stricken. Ray also
noted the typos in the date of 2024 to 2025 and asked that the dates be
confirmed that they are correct before presented. Strand mentioned under
scope of work, item 2.2 says organize public workshops without stating they
are needed to conduct or co-conduct public workshops also.
J. Committee Members discussion(s) regarding matters of the Planning
& Zoning Department.
No one spoke.
12. Monthly Report/Budget and Review
Ray motioned to receive and place on file, Pocernich seconded. No further
discussion. Motion carried. 5-0
13. Adjournment
Rondeau called adjournment at 5:18 pm.
Prepared by FIG on 9/10/2023; given to DAK 9/11/2023
Approved by DAK on
Sent to PZC on
Final Approval on
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web