Loading...
HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 9/21/2023Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING SEPTEMBER 21, 2023 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Dennis Pocernich-present; Charly Ray-absent; Brett Rondeau-present; Jeff Silbert-present; Fred Strand-present Others present were: McKenzie Slack-AZA, Tracy Pooler-AZA, Alessandro Hall-AZA, Mark Abeles-Allison-County Administrator and Paige Terry-Clerk III (acting secretary). 3. Affidavit of Publication:Slack showed the audience the affidavit of publication and the certified mailing receipts. 4. Public Comment – None. 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. Jeffrey & Joanna Koran (Russell) – construct a second residence on a parcel consisting of an existing 2-story residence (28¼’ x 32 ’x 24’H) with attached garage (27 3/4’ x 32’ x 20’H); and a new 1-Story Residence (32’x50’x29’H) with basement, attached Garage (24’ x 30’ x 21’H); Deck (14’ x 56’); Deck #2 (6’ x 20’) and an at grade Patio in a Forestry-One zone [an 18.40-acre parcel (Tax ID #38994) (described as a parcel of land located in part of the SE ¼ of the SW ¼ in Doc 2023R-598105), Section 20, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Hall informed the committee that the property owners were unable to make it to the meeting and explained that the property owners are requesting a conditional use permit to build a second residence on the property. The first residence was permitted earlier in the year and is currently under construction. Hall informed the committee that the zoning code requires a conditional use permit if the property cannot demonstrate that the property can be subdivided with each resulting parcel meeting dimension requirements of the district and each residence meeting the setback requirements. The department received a positive recommendation from the Town of Russell who noted that the request is not in conflict with surrounding land uses, and the department has not received comments in support of or opposition of the proposal. 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. Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 7. Adjournment of Public Hearing: Silbert made a motion to adjourn the public hearing, Strand seconded. Motion carried, 4-0, 1 absent. Adjourned at 4:03 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:04 pm. 9. Roll Call: Dennis Pocernich-present; Charly Ray-absent; Brett Rondeau-present; Jeff Silbert-present; Fred Strand-present Others present were: Director-Ruth Hulstrom, McKenzie Slack-AZA, Tracy Pooler-AZA, Alessandro Hall-AZA, Mark Abeles-Allison County Administrator and Paige Terry – Clerk III (acting secretary). 10. New Business A. Jeffrey & Joanna Koran (Russell) – construct a second residence on a parcel consisting of an existing 2-story residence (28¼’ x 32 ’x 24’H) with attached garage (27 3/4’ x 32’ x 20’H); and a new 1-Story Residence (32’x50’x29’H) with basement, attached Garage (24’ x 30’ x 21’H); Deck (14’ x 56’); Deck #2 (6’ x 20’) and an at grade Patio [an 18.40-acre parcel (Tax ID #38994) (described as a parcel of land located in part of the SE ¼ of the SW ¼ in Doc 2023R-598105), Section 20, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Motion: Silbert to approve based on departmental recommendation, no substantial negative impact on surrounding properties, zoning ordinance and all other applicable laws, consideration of the Town Board recommendation, and the community general welfare and economic impacts of the proposal seconded by Strand. Motion carried, 4-0, 1 absent. Pocernich asked if the second residence would be considered an auxiliary dwelling. Hall explained that both residences would be considered principal structures. Slack stated that the current zoning code does not have a section referring to ADUs so the proposal would need a conditional use permit according to the current zoning code for multiple residences. Agenda Review and Alteration: B. Bayfield County / Trevor Provost (Grand View) – Public/Municipal Structure (Highway Garage w/Offices, Restroom & Mechanical Room (72’x45’x35.2’H); Upper Level (17.4’ x 45’) in a Commercial zone [a 0.3-acre parcel (Tax ID #17932) (described as Village of Pratt Part of Block 3 in V.136 P.74 & 75), Section 22, Township 45 North, Range 6 West, Town of Grand View, Bayfield County, WI] Bayfield County Highway Commissioner, Bob Anderson, spoke on the proposal explaining that the original structure was built in 1940, a structural engineer recommended replacement of the building. The old building was limited in size and uses, and the new building is substantially larger than the old building. Anderson Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 explained that several Bayfield County departments including the Sheriff’s Office, Veterans Services, Emergency Management, Planning & Zoning, and Child Support will be utilizing office space in the new building. The new garage will match the new highway garage being built in the Town of Cable. The issue of parking was raised as a potential concern with the project as patrons for the neighboring bar use some of the county land for parking. Highway staff have met with the bar owner and presented the layout of the building, and the owner no longer has any concerns over parking. Access to the local snowmobile trail was another potential concern, but Anderson explained that the layout of the building will not impede trail access. Slack provided a summary of the proposal for the committee. Bayfield County is the property owner with Trevor Provost acting as the agent. The county is requesting a special use permit to construct a new 45-foot by 72-foot county garage with offices. The new building will replace the previous non-conforming building and the new structure will be conforming and meet all setback requirements. There is currently no special use permit on file for the garage so obtaining the permit will also bring the use of the building into compliance. A special use permit is required because the new building exceeds the 50 percent equalized assessed value expansion requirement. Silbert recommended that a rezone be considered for the property in the future to rezone the parcel to a municipal zone. Silbert asked if there were any advantages or disadvantages to municipal zoning. Slack explained that municipal zoning would only require a land use permit rather than a special use permit. Mark Abeles- Allison explained that the municipal zoned parcel would not need to come before the committee. Abeles-Allison explained that the potential zoning code rewrite could streamline the permitting process for municipal projects by placing all municipal properties into the municipal zoning district. Motion:Strand to approve the SUP for the Grandview garage based on the community welfare and the maintenance of safe and healthful conditions, seconded by Silbert. Motion carried, 4-0, 1 absent. 4:07 p.m. – Ruth Hulstrom joined the meeting virtually. 11. Other Business C. Discussion and Possible Action Regarding Boathouse Ordinance Language Section 13-1-22(a)(5)(b): Hulstrom stated that the updated ordinance was provided to the committee and highlighted the removal of a section regarding the requirement of an affidavit for boathouse approvals as the primary change. There have been slight modifications for access openings that would require glass to be no more than one third transparent and reduce the size of the footprint. Silbert recommended that the section pertaining to the vertical distance between the finished floor and the finished ceiling be changed to state “vertical distance between the finished floor and the bottom of the rafters at the peak.” The committee agreed with the change. Rondeau asked if Hulstrom was looking for final action to be taken on the item or if it would come back before the committee. Hulstrom stated that the item will come before the committee again as an official ordinance amendment. D. Discussion and Possible Action Regarding Fees Ordinance Language Section 13-1-21(e): Hulstrom explained that the department is looking to remove Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 the actual fee schedule from the ordinances and attach it as a separate reference document. Hulstrom continued explaining that this would make it a lot easier to update the fee schedule in the future as the changes would only need to go before the Planning & Zoning Committee for a recommendation and the full County Board for approval. Minor modifications could be made by the Planning & Zoning Committee. Strand asked if the committee was being asked to take action on the item tonight. Hulstrom explained that notification of the ordinance would need to be sent to the towns for review and the item will come back before the committee as an amendatory ordinance. Hulstrom asked if the committee was comfortable with the proposed ordinance amendment language. The committee said yes. E. Discussion and Possible Action Regarding Updating the Fee Schedule: Hulstrom reviewed the proposed fee schedule with the committee. Hulstrom noted the importance of having an initial and renewal fee for short-term rental permitting and changing the fee structure for land use permits to make the fee easier to calculate and fairer. Pocernich expressed concern regarding the large increase in RV placement fees for a 21-day placement. Hulstrom explained that the current ordinance only pertains to undeveloped lots but explained other counties apply the fees to developed lots as well. Discussion took place regarding the increase in RV placement fees and the definition of a developed lot versus an undeveloped lot. Committee members agreed there were no concerns regarding RVs placed on developed lots. The committee stated the definition of an undeveloped lot, and the 21-day placement language should be clarified. Hulstrom informed the committee that the sanitary fees will not be changing. There have been some adjustments made to the items that will go through the Planning & Zoning Committee that do not come before the County Board which include the Class A, Class B, and conditional use permits. Hulstrom stated that the department is looking to adjust the rezone fee to a flat rate of $400 per application and charge $150 per additional parcel. Pocernich asked for clarification on fee changes for Class A permits, Class B permits, and conditional use permits. Hulstrom stated that the Class A permit only goes before the town board for review whereas Class B and conditional use permits also go before the committee. Pocernich suggested increasing the fee schedule incrementally. The committee discussed the large increases in the fee schedule and agreed that increases should be made incrementally rather than one large increase. The committee suggested the following fee changes; Class A permit $250, Class B permit $350, conditional use permit $450. No suggested changes were made for the ordinance fee changes. Silbert asked Hulstrom how much it would cost to hold a special committee meeting. Abeles-Allison assisted with calculating the cost of holding a committee meeting, approximately $1000 with the cost of per diems, mileage, and notices. Hulstrom noted that with staff time and the items that Abeles-Allison described that holding a meeting could potentially cost $1500. The committee reviewed the potential costs for holding a special meeting and agreed on the proposed special meeting fee of $600 plus the applicable application fee amount. Pooler disagreed with the higher rate for the petition for text ordinance amendments as the petitioner could not be guaranteed that the change would take place. The committee agreed to changing the proposed fee to $400. Hulstrom noted that although she did not disagree with Pooler’s concerns about the cost burden related to the proposed fee for a text ordinance amendment, she noted that she typically recommends that if an individual has a concern about the way the ordinance is written that they contact their District Supervisor as others might have similar concerns. This would allow the County to pursue the text amendment with Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 no cost to the individual. The text of the ordinance applies to all properties under general zoning. No changes were suggested for the proposed subdivision fee section. Silbert questioned the difference between a refiling & reopening and a reopening & reconsideration for the Board of Adjustment. Hulstrom clarified the difference explaining that the reopening & reconsideration is a very limited reopening. Silbert stated some further clarification may need to be made in the fee schedule by adding the word “limited” to “reopening & reconsideration.” The committee agreed to tripling the after-the-fact fees and to continue to allow the Planning & Zoning Department to use its discretion to waive after-the-fact fees. No further suggestions from the committee were made. F. Minutes of Previous Meeting: Pocernich motion to approve the minutes from August 17, 2023, as presented, seconded by Strand. Motion carried, 4-0, 1 absent. G. Committee members discussion regarding matters of the Planning and Zoning Department: Rondeau reported that he heard from an individual from the Wild River Property near Cable that was reporting on a gentleman that had built a garage on his property and is now living out of said garage with his family. The garage does not have electricity or running water. Rondeau stated he was informed that the individual attempted to contact the Zoning Department and was told the department would be doing nothing to resolve the issue. Pooler explained that he spoke with an individual from the local Homeowner’s Association to ask what is being done to handle the situation and he has not yet heard back from them. The property does have a privy permit on file, but Pooler explained that he has not had a chance to visit the location yet. Pocernich asked the committee if any other members receive issues regarding zoning as he has received a citizen, Olson, complaint regarding the citizen’s desire to put a double-wide trailer on a parcel of land. The parcel is divided by a road, with part of the parcel abutting a lake. It is the property owner’s desire to place the trailer on the portion of land that does not abutt the lake, but the owner has expressed difficulties getting a permit. Pooler informed the committee that the permit is currently sitting in the pile to be issued. Multiple committee members expressed concern regarding the timelines for issuing permits. Extensive discussion took place regarding the permit issuing process and the long waiting periods for applicants. Hulstrom noted that staff do the best they can with the staffing and resources they currently have. They also get correspondence from frustrated individuals. 12. Monthly Report / Budget and Revenue: Pocernich motion to receive the monthly report, seconded by Silbert. Motion carried, 4-0, 1 absent. 13. Adjournment Rondeau called adjournment at 5:26 pm. Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2023 Prepared by PAT on 9/27/23; given to REH 9/28/23 Approved by REH on 10/6/2023 Sent to ZC on 10/09/2023 Final Approval on 10/19/2023 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2023/Sept