HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 7/18/2024
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ZC Planning and Zoning Public Hearing and Meeting – July 18, 2024
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
JULY 18, 2024
1. Call to Order of Public Hearing: Chairman Ray called the public hearing to order at 4:00
pm.
2. Roll Call: Pocernich, Ray, Crandall, Rekemeyer and Strand– all present.
Others present: Director-Ruth Hulstrom, Mark Abeles-Allison-County Administrator,
Kristine Kavajecz-Human Resources Director, Jan Lee, members of the public.
3. Affidavit of Publication: Ruth Hulstrom stated that the Affidavit of Publication was
received for the meeting notices published on July 4 and July 11, 2024. A copy was also
provided in the meeting packet.
4. Public Comment –
• Tessa Levens, Town of Russell: Sited opposition to renewal of the Bolder Point LLC
Non-metallic mining permit. Strongly endorse the 11 conditions outlined in the request
summary. Addition of suitable boundaries and screening should also be included. The
site has turned into a bit of a junkyard.
• Neil Schultz, Town of Delta suggested that the committee consider having private
sector vendors provide the ability to process zoning permit applications in addition to
the Zoning Office.
• Rob Nelson, owner, spoke in favor of Bolder Point LLC non-metallic mining permit
renewal. Very limited resources of this type in the area and it is a good resource to
have available for future development.
Pocernich provided input that this is public comment, which is for items not listed on the
agenda. Items on the agenda will be addressed during the Public Hearing.
5. Review of Meeting Format – Ray clarified the process for speaking during the public
hearing.
6. Public Hearing: Public Hearing called to order by Ray at 4:13pm.
A. Paul Albert Isaksson, owner – reclamation plan. Property is a Forestry-1 zoning
district; a 20–acre parcel (Tax ID# 28167), described as E ½ of SE ¼ of the SE ¼
less highway in Doc # 337418, in Section 12, Township 50 North, Range 8 West,
Town of Port Wing, Bayfield County, WI.
Paul Isaksson stated that he is in favor.
B. Paul Albert Isaksson, owner – [Conditional Use] continue operating the
existing non-metallic mine (consisting of sand and gravel). Property is a Forestry-
1 zoning district; a 20–acre parcel (Tax ID# 28167), described as E ½ of SE ¼ of
the SE ¼ less highway in Doc # 337418, in Section 12, Township 50 North,
Range 8 West, Town of Port Wing, Bayfield County, WI.
Paul Isaksson stated that he is in favor.
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ZC Planning and Zoning Public Hearing and Meeting – July 18, 2024
C. Bolder Point LLC, owner – reclamation plan. Property is two (2) parcels.
Parcel #1 is a Forestry-1 zoning district; a 13.36–acre parcel (Tax ID# 38850);
described as a parcel in SE ¼ of the NE ¼, less parcels in Doc # 2016R-565223
& 2022R-595287; and Parcel #2 is a Forestry-1 zoning district; a 6.192–acre
parcel (Tax ID# 38851); described as a parcel in SE ¼ of the SE 1/4 in Doc #
2024R-603303. Both parcels are in Section 22, Township 51 North, Range 4
West, Town of Russell, Bayfield County, WI.
Rob Nelson, owner, spoke in favor of accepting the reclamation plan, which is the
same that has been provided in previous years. No active crushing occurring.
No-one spoke in opposition to the reclamation plan. Tessa Levins asked if there
is a time period where the mine would be closed and if there is a timeframe that
the reclamation must be completed in a set period of time and if there is an
inspection following the reclamation.
D. Bolder Point LLC, owner – [Conditional Use] – continue operating the existing
non-metallic mine. Property is two (2) parcels. Parcel #1 is a Forestry-1 zoning
district; a 13.36–acre parcel (Tax ID# 38850); described as a parcel in SE ¼ of
the NE ¼, less parcels in Doc # 2016R-565223 & 2022R-595287; and Parcel #2
is a Forestry-1 zoning district; a 6.192–acre parcel (Tax ID# 38851); described as
a parcel in SE ¼ of the SE 1/4 in Doc # 2024R-603303. Both parcels are in
Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County,
WI.
Rob Nelson, owner, stated that they look forward to serving the public in the future
in the same manner as in the past. Tessa Levins expressed opposition to the
renewal of the permit unless the conditions listed in the public comment were
incorporated.
E. White River Ag Products Inc., owner & Cole Vernon/Mike Furtak, agents –
[Conditional Use] – construct and operate a [Campground, [Public] (*EIA
required)] consisting of a 44 site seasonal campground with an office/shower
house/restroom/laundry building. Property is a Forestry-1 zoning district; a 5–acre
parcel (Tax ID# 21533), described as S ½ of SE ¼ of the NE ¼ of the NE ¼ in Doc
# 2022R-596946, in Section 32, Township 46 North, Range 5 West, Town of Kelly,
Bayfield County, WI.
Mike Furtak explained that an engineering firm was hired to complete the EIA.
White River Ag owns the surrounding acreage. Mostly just scrub brush at this time.
DNR review stated that there is no significant impact as a result of the proposed
project. Furtak suggested that if there is an abandoned well, the committee require
it be abandoned legally as a condition of the permit. Proposal of seasonal
campground, no year-round campers. Plan includes a stormwater management
plan, sanitary system. Screening requirement has not yet been met but will be in
place prior to opening and will be developed in coordination with the Bayfield
County Land and Water Conservation office. Applicant is willing to meet any
requirements identified in the conditional use permit. No-one spoke in opposition.
7. Adjournment of Public Hearing: 4:27pm
8. Call to Order of Planning and Zoning Committee Meeting: Ray called the meeting to
order at 4:27pm.
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ZC Planning and Zoning Public Hearing and Meeting – July 18, 2024
9. Roll Call: Ray, Strand, Rekemeyer, Pocernich, Crandall –all present.
Others present: Director-Ruth Hulstrom, Mark Abeles-Allison-County Administrator,
Kristine Kavajecz-Human Resources Director, Jan Lee, members of the public.
10. New Business:
A. Paul Albert Isaksson, owner – reclamation plan. Property is a Forestry-1 zoning
district; a 20–acre parcel (Tax ID# 28167), described as E ½ of SE ¼ of the SE ¼
less highway in Doc # 337418, in Section 12, Township 50 North, Range 8 West,
Town of Port Wing, Bayfield County, WI.
Motion Pocernich, Strand seconded, to receive the reclamation plan and
place on file. Motion Carried (5-0)
B. Paul Albert Isaksson, owner – [Conditional Use] continue operating the
existing non-metallic mine (consisting of sand and gravel). Property is a Forestry-
1 zoning district; a 20–acre parcel (Tax ID# 28167), described as E ½ of SE ¼ of
the SE ¼ less highway in Doc # 337418, in Section 12, Township 50 North,
Range 8 West, Town of Port Wing, Bayfield County, WI.
Hulstrom stated the previous Conditional Use permit was issued for 20 years in
2004. Recommendation to approve a renewal with duration of 10 years. Town of
Port Wing recommended approval.
Motion Strand, Rekemeyer seconded, to approve a 10-year renewal of the
Paul Albert Isaksson Conditional Use Permit for non-metallic mining in an F-1
Zoning District. Mining, stock piling and hauling shall only be between 6am and
6pm daily. No work on Sundays or State Holidays. For non-metallic mining and
crushing only. This is consistent with the Bayfield County Zoning ordinance related
to community welfare and economic impacts. Motion Carried (5-0)
C. Bolder Point LLC, owner – reclamation plan. Property is two (2) parcels.
Parcel #1 is a Forestry-1 zoning district; a 13.36–acre parcel (Tax ID# 38850);
described as a parcel in SE ¼ of the NE ¼, less parcels in Doc # 2016R-565223
& 2022R-595287; and Parcel #2 is a Forestry-1 zoning district; a 6.192–acre
parcel (Tax ID# 38851); described as a parcel in SE ¼ of the SE 1/4 in Doc #
2024R-603303. Both parcels are in Section 22, Township 51 North, Range 4
West, Town of Russell, Bayfield County, WI.
Hulstrom stated that Town Board recommends approval.
Motion Crandall, Pocernich seconded, to receive the reclamation plan and
place on file. Motion Carried (5-0)
D. Bolder Point LLC, owner – [Conditional Use] – continue operating the existing
non-metallic mine. Property is two (2) parcels. Parcel #1 is a Forestry-1 zoning
district; a 13.36–acre parcel (Tax ID# 38850); described as a parcel in SE ¼ of
the NE ¼, less parcels in Doc # 2016R-565223 & 2022R-595287; and Parcel #2
is a Forestry-1 zoning district; a 6.192–acre parcel (Tax ID# 38851); described as
a parcel in SE ¼ of the SE 1/4 in Doc # 2024R-603303. Both parcels are in
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ZC Planning and Zoning Public Hearing and Meeting – July 18, 2024
Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County,
WI.
Motion Strand, Pocernich seconded, to approve a 5-year renewal of the
Bolder Point LLC Conditional Use Permit for non-metallic mining in a F-1 Zoning
District with all current conditions on the current permit plus the additional condition
to update site plan with setbacks from the furthest extension of the proposed non-
metallic mining activity as recommended by the Town Board. This is consistent
with the Bayfield County Zoning ordinance related to community welfare and
economic impacts. Motion Carried (5-0)
Pocernich noted that in the past the committee had discussed a standard 10-year
renewal for these permits.
E. White River Ag Products Inc., owner & Cole Vernon/Mike Furtak, agents –
[Conditional Use] – construct and operate a [Campground, [Public] (*EIA
required)] consisting of a 44 site seasonal campground with an office/shower
house/restroom/laundry building. Property is a Forestry-1 zoning district; a 5–acre
parcel (Tax ID# 21533), described as S ½ of SE ¼ of the NE ¼ of the NE ¼ in Doc
# 2022R-596946, in Section 32, Township 46 North, Range 5 West, Town of Kelly,
Bayfield County, WI.
Rekemeyer stated that the request is supported by the Town of Kelly.
Motion Rekemeyer, Pocernich seconded, to approve the request for a
conditional use permit for 44 site seasonal campground with an office/shower
house/restroom/laundry building) in a F-1 Zoning district. This is consistent with the
Bayfield County Zoning ordinance related to community welfare and economic
impacts. Motion Carried (5-0)
F. Charles A & Darla K Humpal, owners – [Special Use B] – Residential garage
in a C zoning district and shoreland zone; a 1.24-acre parcel (Tax ID# 3891);
described as Lot 1, Point’O Pines, in Section 9, Township 44 North, Range 9
West, Town of Barnes, Bayfield County, WI.
Mr. Humpal clarified that the purpose of the structure is storage only.
Motion Crandall, Pocernich seconded, to approve the special use permit
application for Garage in a commercial zoning district. Strand stated clarification
for applicant benefit that the permit will not allow human habitation. Motion Carried
(5-0)
G. Kurt Brandt, owner – [Special Use B] – Residential garage in a C zoning
district and shoreland zone; a 5.31-acre parcel (Tax ID# 18009); described as Lot
9, Plat of Trapper Lodge Subdivision, in Section 27, Township 44 North, Range 6
West, Town of Grand View, Bayfield County, WI.
Hulstrom read a statement from the previous town clerk regarding the reason that
the town has not acted on this item. There is not opposition anticipated from the
town.
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ZC Planning and Zoning Public Hearing and Meeting – July 18, 2024
Motion Strand, Crandall seconded, to approve the Kurt Brandt special use
permit for a Garage in a Commercial Zoning District with the conditions that the
existing unpermitted privy must be removed or must receive a permit, the existing
garage or new garage may not be used for human habitation. Motion Carried (5-0)
H. Jason & Amy Baldwin, owners – [Special Use B] – Home-based business
(ATV/UTV rentals) in a R-1 zoning district and shoreland zone with wetlands; a
3.19-acre parcel (Tax ID#13392); described as a parcel in the SW ¼ NE ¼ in
V.1127 P.776 less parcel in V.559 P.61, in Section 4, Township 46 North, Range
8 West, Town of Delta, Bayfield County, WI.
Hulstrom stated Town recommended disapproval. Strand noted that the
application is not consistent with the town plan for the road.
Motion Strand, Rekemeyer seconded, to deny the Jason and Amy Baldwin
special use permit for home based business (ATV/UTV rentals) in a R-1 Zoning
District based on the town board recommendation and that it is not consistent with
the Town ATV/UTV ordinance. Motion Carried (4-1) Pocernich opposed.
11. Other Business
I. Minutes of Previous Meeting: June 20, 2024 minutes will be reviewed at the next
meeting. No further business.
12. Monthly Report
Hulstrom reported that 44 land use permits have been issued so far in July with several in
the que. Average is 90-100 permits per month. There have been 21 sanitary permits
issued so far in July.
3-week processing time is reasonable issuance timeline currently for permits that do not
require additional action.
The office manager is currently out of the office and has processed the financial reports
for the office. Report will be provided upon her return.
13. Motion to Move into Closed Session
Motion Rekemeyer, Pocernich seconded, to enter closed session pursuant to
19.85 (1)(c) considering employment, promotion, compensation or performance
evaluation data of any public employee over which the governmental body has jurisdiction
or exercises responsibility. Kavajecz, Abeles-Allison, Hulstrom were invited to remain in
the closed session. Roll Call: Ray, Strand, Rekemeyer, Pocernich, Crandall – Motion
Carried (5-0). Entered closed session at 5:03pm.
14. Adjournment: Ray called adjournment at 5:30pm.
Prepared by KAK on 7/22//24; given to REH on 7/22/24 Reviewed by REH on 7/31/24
Sent to PZC on 7/31/24
Uploaded to Drop Box on 7/31/24
Final Approval on 8/15/2024
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2024/#7July