HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 11/16/2023Page 1 of 8
ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
NOVEMBER 16, 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-absent; Charly Ray-present; Brett Rondeau-present;
Jeff Silbert-present; Fred Strand-present
Others present were: Director-Ruth Hulstrom, Alessandro Hall-AZA, Tracy
Pooler-AZA, Franki Gross-Secretary
3. Affidavit of Publication: Hulstrom showed the audience the affidavit of
publication and the certified mailing receipts.
4. Public Comment:
Mike McKenna spoke in opposition to the Dahl Conditional Use Permit application
expressing many concerns. Mr. McKenna stated that he wrote a letter to be added
to the record so he will summarize here for the public hearing. Mr. Mckenna
commented that he, along with the surrounding neighbors, feel they are negatively
impacted by the operations taking place on the Dahl property. Water, air, and noise
pollution, heavy vehicle traffic, and no quiet hours/days off are all aspects of what
is being dealt with from the Dahl property stated Mr. McKenna.
Karen DeShane spoke in opposition to the Dahl permit request. Ms. DeShane
purchased the property adjacent to the Dahl property in 2021 and resides
downstate by Viroqua, WI. When Ms. DeShane visits there has been nothing but
noise, work and heavy truck traffic resulting in what seems to be irreversible
damage to the property and the neighborhood. Ms. DeShane has concerns for the
animals and because of so much activity the animals are fleeing the area.
Hans Dahl spoke on his behalf in support of the Conditional Use Permit request.
Mr. Dahl stated that the proposed building is for cold storage only. All the
machinery that is outside will now be put inside. Mr. Dahl also stated that Dahl
Construction is not expanding and isn’t doing manufacturing as most of the
construction is done off site. Dahl construction is going into the General Contracting
side of the construction business stated Dahl.
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:
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
A. Jeffrey M & Dawn M Marsh request a conditional use permit (in a
shoreland zone) to have two (2) multiple structures on a parcel
consisting of: an existing 1-Story residence with loft (34'x32x20'H); with
deck (34'x8'); and an existing garage (24'x24'x28'H) with Upper Level
converted to a Residence (24'x38'x28'H). Property is an R-1 zoning district;
a 2.46- acre parcel (Tax ID# 7830), described as Lot 1, CSM #1176 in V. 7
P. 226, Doc. #469382; in Section 31, Township 51 North, Range 6 West,
Town of Bell, Bayfield County, WI.
Dawn Marsh spoke and explained what their Conditional Use Permit
request is for. Marsh commented that the existing garage’s upper-level
space has been used for storage and recently a home office. The building
is too big for it to be defined as a bunkhouse so they would like to finish the
garage spaces by converting them to living quarters, kitchen & bathroom.
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:
Ray moved to adjourn the Public Hearing. Silbert seconded. Motion
Carried. 4-0 Adjourned at 4:16 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:17 pm.
9. Roll Call: Dennis Pocernich-present via-Teams; Charly Ray-present; Brett
Rondeau-present; Jeff Silbert-present; Fred Strand-present
Others present were: Director-Ruth Hulstrom, Alessandro Hall-AZA, Tracy
Pooler-AZA, Mark Abeles-Allison-County Administrator and Franki Gross-
Secretary
10. New Business
A. Jeffrey M & Dawn M Marsh request a conditional use permit (in a
shoreland zone) to have two (2) multiple structures on a parcel
consisting of: an existing 1-Story residence with loft (34'x32x20'H);
with deck (34'x8'); and an existing garage (24'x24'x28'H) with Upper
Level converted to a Residence (24'x38'x28'H). Property is an R-1 zoning
district; a 2.46- acre parcel (Tax ID# 7830), described as Lot 1, CSM #1176
in V. 7 P. 226, Doc. #469382; in Section 31, Township 51 North, Range 6
West, Town of Bell, Bayfield County, WI.
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
AZA Hall spoke and gave an overview of the request, the subject property,
and Zoning Districts in the area. Hall stated that the Town of Bell
recommended approval of the project, noting that it works with the housing
element. Silbert asked if this project was or is intended to be a short-term
rental. Hall stated that at this time it is not intended.
Motion: Silbert moved to approve the CUP for Jeffrey & Dawn
Marsh for multiple structures in an R-1 zone based on the Town Board’s
approval, mentioning that it adds housing, the Zoning Ordinance and all
other applicable laws, and the community or general welfare and economic
impacts of the proposal Seconded by Ray. Motion carried, 5-0.
B. Northern States Power Co/Xcel Energy/Hooper Con/Tim Larson (Port
Wing)- relocating & expanding substation in a Commercial zone. Property
is a Commercial zoning district; a 1.78- acre parcel (Tax ID# 28473),
described as Lot 2, CSM #2293 in Doc. 2023R-599614; in Section 29,
Township 50 North, Range 8 West, Town of Port Wing, Bayfield County, WI.
Hall stated Northern States Power Company is requesting a Class B
Special Use Permit to construct an electric, light, and power company
substation on the parcel, legally described as Lot 2 and CSM 2293, recorded
in Volume 13, Page 195 at the Bayfield County Register of Deeds. The 1.7-
acre parcel is zoned Commercial and currently is developed with a
substation facility that was constructed prior to the adoption of zoning in Port
Wing. The replacement substation will be located to the Northwest of the
existing substation on a 95’ x 76’ gravel pad with a 91’ x 71’ fenced in area.
After construction of the new substation is complete, the property owners
plan to decommission and remove the existing substation equipment. The
Town of Port Wing recommended approval of the project, noting that it is
“OK to move the substation north on the existing property”.
Motion: Ray moved to approve the Northern States Power, Xcel
Energy, Hooper Construction, Tim Larson project relocating and
expanding the substation in a Commercial zone, citing the Town Board
approval, consistency with the town’s Comprehensive Plan, and community
welfare and economic impacts of the proposal. Silbert seconded. Motion
Carried. 5-0.
C. Hans & Lauren Dahl (Washburn)- Building contractor Equipment & Storage
consisting of (1) existing pole building for storage, office, and occasional
assembly and (1) proposed pole building used for cold storage/storage of
equipment in a Forestry-1 zone. Property is an F-1 zoning district; a 10.46-
acre parcel (Tax ID# 35562), described as that part of the W 1/2 NE SW
lying S of Paulson Rd described in Doc. 2019R-578255; in Section 33,
Township 49 North, Range 5 West, Town of Washburn, Bayfield County,
WI.
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
Hall stated the property owners, Mr. & Mrs. Dahl are requesting a Class B
Special Use Permit to authorize the construction of a second 75’ x 100’ pole
shed for building contractor, equipment and storage use at 76440 Paulson
Rd. The 10 ½-acre parcel is a Forestry 1 Zoning District and is currently
developed with a duplex and large pole shed. This proposal updates a 2014
Class B Special Use Permit, which established the building, contractor and
equipment storage use on the site and permitted construction of the existing
pole shed. Hall stated that the property owner has indicated that the new
building will be used for cold storage and will allow the business to secure
equipment and vehicles currently scattered across the site. The Department
has received several letters opposing the project from nearby property
owners voicing concerns focused on the incompatibility of the contractor
business with surrounding residences, forced rezoning, impacts of truck
traffic on local air quality, traffic safety, and the integrity of the town road,
light pollution, erosion and impacts on local water quality due to stormwater
runoff and a potential decrease in property values. The Town of Washburn
recommended approval, stated Hall, of the project with the following four
conditions: 1) that the property owner place erosion control along the east
drip line of the roof to prevent the fill from eroding at the back of the new
building and establish a dry swale between the building and the property
line so that roof runoff will seep into the sandy soil on site and not create
gullies extending from the site to neighboring properties; 2) that the property
owners maintain the forestry appearance of this district and add native
shrubs between Paulson Road and the pole building that will more rapidly
grow to provide a natural vegetative screen along the road; 3) that the
property owner place shields and maintain motion sensors on all exterior
lights so that lights shine downward around the buildings and is diverted
from shining directly toward adjacent properties; 4) that the business owners
maintain normal business hours for traffic and noise on site of 6:00 AM to
6:00 PM. Hall stated the Planning and Zoning Department has no concerns
with these conditions. Additionally, Hall commented, there were two
compliance issues that arose during the application review and are
referenced in some of the correspondence in your packet. At some point
after its construction, part of the existing pole building was converted into
two residential units. Hall stated upon learning of this conversion, he
conducted an on-site visit with the property owner and confirmed that these
areas are no longer being used for human habitation. The property owner
indicated that this area had not been used for sleeping since the duplex on
the site was constructed, but stated Hall, the department recommends
explicitly conditioning any potential permit with language that makes clear
that no sleeping may occur in either pole shed building. On a handful of
occasions, the property owner has assembled walls inside the existing
storage building before delivering them on site, said Hall, and it is the
department's position that this activity, since it is uncommon and does not
involve heavy manufacturing, is incidental to and allowed under the
permitted building, contractor, and equipment storage use. However,
commented Hall, the department is seeking a second opinion from the
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
Committee on whether this activity should be allowed under this permit, and
if so, are any additional conditions that should be attached.
Motion: Strand moved, based on relevant public input and on the
recommendation of Town Plan Commission and the Town Board, to
approve the Dahl Special Use Permit for one existing pole building for
storage office use and occasional assembly, and for one new pole building
to be used for cold storage of equipment, in an F-1 zoning district with the
following conditions:
1) the placement of erosion control along the east drip line of the roof to
prevent the fill from eroding at the back of the new building and establish
a dry swale between the building and property line so that roof runoff will
seep into the sandy soil on site and not create gullies extending from the
site to neighboring properties;
2) to maintain the forested appearance of this district, add native shrubs
between Paulson Road and the pole buildings that will more rapidly grow
to develop natural vegetative screening along the road;
3) place shields and maintain motion sensors on all exterior lights so that
lights shine downward around the buildings and is diverted from shining
directly towards adjacent properties;
4) maintain normal business hours for traffic, truck deliveries, and noise on
site from 6:00 AM to 6:00 PM;
5) no human habitation in either of the pole buildings;
6) assembly of modular components may only be a minor component of
the buildings use and may only be done inside the buildings. Seconded
by Silbert. Silbert commented that the Committee hasn’t addressed the
weekend activities for the Dahl application and Silbert would like to
address what is meant by “minor activity, minor component, or
occasional”. Hall stated that occasional in this context means that the
activity has only happened less than 5 times in the 10-year history of the
pole building and that it isn’t a core part of the activity. Silbert moved to
amend the motion to include hours of operation listed as Monday
through Saturday. Strand seconded amended motion. Amended
motion carries. 4-1 Original motion carried. 5-0
11. Other Business
D. Discussion and Possible Action Regarding RV Placement Ordinance
Amendment:
Hulstrom reviewed for the Committee the current definition of recreational
vehicle and the current RV County standards. Hulstrom stated there have
been concerns raised by residents and town officials about placement of
RVs on undeveloped lots, which would be allowed up to 3 RV’s. Developed
lots don’t need an RV Placement Permit. The department is looking to clarify
that certain types of vehicles such as buses, construction trailers, truck
bodies and trailers, and other similar items not intended for use as RV's,
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
would be prohibited from such use, and Park Model Trailers would only be
allowed in licensed campgrounds. The department would also like input on
the Committee’s comfort level with continuing to allow up to 3 RVs, noting
more than 3 RVs could be considered a campground. Hulstrom stated that
the department supports the idea of only allowing only the placement or
storage of a single RV, no matter if it's a developed or undeveloped lot. The
Department would also like input from the Committee on adding the
language to the ordinance of changing requirement to obtain an RV
Placement Permit from a 21-day to a 14-day total of per calendar year.
Because RVs are meant to be temporary dwelling units and not permanent
residences, stated Hulstrom, the department is recommending an annual
permit be secured, valid from May 15th through December 1st, and
recommending adding the requirement to obtain a fire number or an
address. Strand asked if a property could be considered “developed” if it
had a POWTS, and why is the word “dwelling” being used and in what
context is it being used. Hulstrom stated that the way the department has
interpreted “developed” is if there was a permitted structure, any permitted
structure, then it is “developed”, But the department is recommending the
term “developed’ be defined as a lot with a dwelling, at a minimum. Ray
asked what value the term “dwelling” has in the ordinance language and to
clarify what the department is recommending. Hulstrom commented that if
the Committee wishes to only require an RV Placement Permit for
undeveloped lots, that developed and undeveloped be defined. The
department is recommending that a developed lot be defined as a lot with a
permitted dwelling, instead of saying any permitted structure, like a garage
or a storage building or any other type of structure. Strand stated the
language presented is confusing and would like to have language added to
state a developed lot has a dwelling & an approved sanitary system. Ray
stated that he believes that the RV Placement Permit should be for
undeveloped properties and questions the added “storage” language and
suggested not managing how people are covering and storing their RVs.
Strand stated he supports the language regarding developed lots defined
as having a dwelling but does not support limiting a landowner with RVs
being stored “inside” a structure. Hulstrom asked the Committee what the
number of RVs would be that a property owner would be allowed to store
on their property. Ray stated he believes he agrees with Strands direction
of allowing one RV outside of the building and it shouldn’t be the
Committee’s job to decide how many RVs people have inside a building.
Rondeau agreed with Ray & Strand. Ray expressed concerns that the
public will be encouraged to put up these cheap huts over their RV's and
say that that is a storage facility for the RV and so that one doesn't count as
being outside. Ray stated that he believes that the correct language would
be “building” to reference the storage facility for the RVs. Rondeau asked if
the County is doing a code rewrite, why is the Department doing ordinance
revisions now. Hulstrom replied it is because of the number of concerns
being raised currently by residents and town officials regarding the current
standards for placement of RVs. Ray also stated he would like to see buses
removed from the list of prohibited vehicles, to avoid any complications for
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
the department, because there are many buses out there way nicer than
any RV and would like for Hulstrom to provide the Committee with specific
concerns and comments regarding Park Models. Rondeau asked why the
department is wanting to address this topic right now when permit issuance
is so far behind. Pocernich asked if he could park his 5th-wheel RV on his
undeveloped lot, that has a well & POWTS, for 6 months. Hulstrom
answered that Pocernich needs an RV Placement Permit, and that
application would require a Special Use Class A Permit. Pocernich asked
if that would be an annual occurrence, to which Hulstrom replied no since
the ordinance currently reads the RV would be allowed to remain if the use
doesn't cease for 36 consecutive months. Ray suggested a simplified
approach to the department for RVs on undeveloped and developed lots
that have wastewater treatment systems and that is that they be treated the
same, and option one on the storage so the department doesn't get into
policing storage structures. Ray stated he believes we want to encourage
people to have wastewater treatment systems because that is the number
one real issue, besides aesthetics of these structures on our land. Hulstrom
talked to someone for clarification on what the Committee wants to see in
the drafted ordinance language but was unheard because mic wasn’t turned
on. Ray suggested wordsmithing on the ordinance language because it just
isn’t clear or concise.
E. Discussion and Possible Action regarding Short-Term Rental
Ordinance Amendment and Fee:
Hulstrom gave an update to the Committee on the short-term-rental shared
position with Public Health, and the issues regarding trying to combine the
annual fees along with the complications the departments will be facing in
the reporting process. Ray stated that there must be a way to only have one
point of contact, and bill or invoice. Abeles-Allison commented that the
bottom line is that the public will only receive one bill and only have contact
with one individual.
F. Discussion and possible action regarding Inventory and Analysis of
Flowing Artesian Wells in Bayfield County, Wisconsin Report.
Abeles-Allison spoke and gave an update. Abeles-Allison stated that
Bayfield County applied for a DNR Ordinance Development Grant through
the Surface Water Fund Program where the County was awarded funds and
were expended to funds with the Wisconsin Geologic and Historic Survey.
Abeles-Allison stated the intent was to see if there was a way to protect &
preserve the Artesian flowing wells in Bayfield County, a very natural
resource. The inventory has just been completed in August so an extension
for the grant has been requested through June 2024. Advocating for best
management practices, head & recharge testing and continuous flow
monitoring will give us the information to help preserve this unique resource
stated Abeles-Allison.
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ZC Planning and Zoning Public Hearing and Meeting – 11/16/2023.
G. Minutes of Previous Meeting: Strand motioned to approve the minutes
from October 19, 2023, as presented, seconded by Silbert. Motion carried,
5-0.
H. Committee members discussion regarding matters of the Planning
and Zoning Department:
Silbert wanted to commend Alessandro Hall on doing a really good job of
creating clear, concise narratives for the presented permit requests and felt
that the recommendations to the Committee were made very well. Strand
also voiced the same feelings toward Hall’s work. Pocernich asked
Hulstrom if the STR/Public Health shared position would be one person
taking on both departments short term rentals. Hulstrom replied that that is
what the department would ideally like to happen, but this is going to be
somewhat experimental in terms of seeing how it will function when we go
to implement it, but the goal would be to have one point of contact for short
term rental approvals throughout the County.
12. Monthly Report / Budget and Revenue: Pocernich motion to receive the
monthly report. Seconded by Ray. Motion carried, 5-0.
13. Adjournment
Rondeau called adjournment at 5:25 pm.
Prepared by FIG on 11/30/23; given to REH 12/6/23
Corrected by REH on 12/7/2023
Sent to ZC on 12/8/2023
Final Approval on 12/21/2023
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2023/#11 November