HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 8/15/2024
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
AUGUST 15, 2024
1. Call to Order of Public Hearing: Chairman Ray called the public hearing to order at 4:00
pm.
2. Roll Call: Charly Ray-Chairman, Fred Strand-Vice Chair, Dennis Pocernich, and James
Crandall – present. Madeline Rekemeyer – absent.
Others present: Ruth Hulstrom, Director of Planning and Zoning, Desi Niewinski,
STR/Environmental Health Specialist, Mark Abeles-Allison, Co Administrator and Marty
Milanowski, Board Supervisor.
3. Affidavit of Publication: Hulstrom showed the audience the affidavit of publication and
indicated the notice was published in the paper Thursday, August 1st and August 8th.
4. Public Comment:
Nori Schwenzfeier– 76510 Hove Lane, concern for lack of regulation on Bob Olson Sand Pit,
increase in projects for 3 years, peak hauling 100 dump trucks per hour, unsafe road
conditions, reached out to town for dust mitigation and road maintenance, reached out to town,
owner, health and zoning, also reached out to DOT and head of project, not asking to halt
operations but asking for operations, grandfathered permit with minimal limitations, residential
road not haul road.
Trevor Schwenzfeier – concern of dust and timing of trucks hauling, nothing in place for
increase of volume for sand pit.
5. Review of Meeting Format – Chairman Ray 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. TB Investments LLC, owner & Karl Kastrosky, agent - conditional use application
(in a shoreland) to construct and operate a Mobile Home Park (consisting of 14 sites
and a playground) and a Special Use-Class B application for Storage (Campers,
Boats, Mini-storage etc.) (consisting of 4 storage structures), both in an R-RB
zoning district. Property is a 7.404–acre parcel (Tax ID# 1787); described as a parcel in
Doc.# 2021R-588696 Section 9, Township 44 North, Range 9 West, Town of Barnes,
Bayfield County, WI. Included in this request is an EIA waiver.
Karl Kastrosky, agent explained park was in existence prior to zoning (40+ units) and is
now asking for only 15 unit and indoor mini storage. State stormwater management
plan/permit(s), state approved sanitary permits have been obtained. He spoke about the
County zoning ordinance setbacks being excessive versus the States. The site plan they
have proposed indicate 10’ from site boundary and 10’ from property boundary instead of
the required 20’. He stated the maximum would be 14 units with playground facilities,
stormwater management areas, buffers and trees. He noted it does not meet the zoning
setbacks and he had discussions with Atty John Carlson and Mark Abeles-Allison in regard
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
to the code being updated and this could be reviewed at that time or petition for a zoning
text amendment to change the setbacks to meet this format. He gave a history of the
property indicating it is a non-conforming mobile home park that could have been utilized
without a conditional use based on State Statute, but the owners choose not to do that
because it isn’t fair to the ad joiners, community, anyone, and stated housing in Bayfield
Co is needed. He spoke about the environmental impact analysis (EIA) and why they are
asking for a waiver.
Ray asked if anyone wished to speak in favor of the proposal. Travis Butterfield, owner
spoke stating how much they have cleaned up the property, brand septic system(s), new
wells and water lines, new infrastructure and they have State licensing. He also indicated
the Town is in need of storage units.
Ray asked if anyone wished to speak in opposition. Mark Ecton, adj property owner spoke
stating he lives directly below property, woods and forest gone, large septic field draining
towards river and lake, trailer park not currently up to code, currently 4-5 people living
there, resident for 50 years, concern for safety of area, river and family.
A letter from WI DOT regarding intersection improvements; a letter of support from Amy
Bliss, WI Housing Alliance; and letters of concern from Judy & Lanny Neider, Bob &
Mariane Koser/Joel Cairy, and Charles & Darla Humpal are all in the packet.
Discussion ended.
B. Alfred Holzer & Maria Holzer, owners request an after-the-fact conditional use permit
(in a shoreland w/wetlands) to convert part of an existing office into a second residence.
Property is two (2) parcels. Parcel #1 is a 24-acre parcel (Tax ID# 29721); described as
a parcel in Doc.# 2006R-510744 V. 959 P. 111; and Parcel #2 is a 2.325-acre parcel (Tax
ID# 29723); described as a parcel in Doc. #2006R-510743 V. 959 P. 108. Both parcels
are in the R-RB zoning district and Section 20, Township 51 North, Range 3 West, Town
of Russell, Bayfield County, WI.
Hulstrom summarized what the applicants are requesting (as indicated above).
Ray asked if anyone would like to speak in favor of the request. No one spoke. He opened
the floor for opposition. No one spoke.
Discussion ended.
C. Hydra Properties LLC, owner request a conditional use permit (in a shoreland) to place
one shipping container in a R-RB zoning district. Property is a 5.22–acre parcel (Tax ID#
38615); described as Lot 5, CSM #2201 V. 12 P. 433, Doc #2021R-591167, Section 26,
Township 51 North, Range 7 West, Town of Clover, Bayfield County, WI.
John Flury, owner/agent explained he is in the process of building on the property and was
considering building a shed, but determined they are not waterproof, rodent proof or not
sturdy depending on construction, and a shipping container will check all the boxes. He
stated he made contact with his neighbors, and they all were all in support. The container
will have a mural painted on it. He stated the Town’s plan commission recommended
approval to the town board and noted it is already on site under a temporary use permit.
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
Ray asked if anyone would like to speak in favor of the request. No one spoke. He opened
the floor for opposition. No one spoke.
Discussion ended.
D. Tim & Lindsay Dykstra, owners request a conditional use permit (in a shoreland) to place
one shipping container in a R-RB zoning district. Property is a 5.27–acre parcel (Tax ID#
13314); described as a parcel in NW ¼ SE ¼ in 2016R-565999, Section 3, Township 46
North, Range 8 West, Town of Delta, Bayfield County, WI.
Hulstrom summarized what the applicants are requesting (as indicated above). She noted
applicant wants to partially bury the container and leave one side visible.
Ray asked if anyone would like to speak in favor of the request. No one spoke. He opened
the floor for opposition. No one spoke.
Discussion ended.
E. Hilltop Hideaway LLC, owner request a conditional use permit (in a shoreland) to operate
a 2-unit short-term rental in a R-RB zoning district. Property is a 2.13–acre parcel (Tax ID#
24521); described as Lot 2, CSM #322 V. 3 P. 150, Doc #335568, Section 10, Township
43 North, Range 6 West, Town of Namakagon, Bayfield County, WI.
Travis Walch, owner explained there is an existing rental already approved. He explained
there is a second cabin on site and have been renovating it and would like to rent it out.
Ray asked if anyone would like to speak in favor of the request. No one spoke. He opened
the floor for opposition. No one spoke.
Discussion ended.
7. Adjournment of Public Hearing:
Strand made a motion to adjourn, Crandall seconded. Motion carried. Adjourned at
4:36 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Ray called the meeting to order.
9. Roll Call: Crandall-here, Pocernich-here, Ray-here, Strand-here, all present. Rekemeyer,
absent.
10. Business:
A. TB Investments LLC, owner & Karl Kastrosky, agent - conditional use application
(in a shoreland) to construct and operate a Mobile Home Park (consisting of 14 sites
and a playground) and a Special Use-Class B application for Storage (Campers,
Boats, Mini-storage etc.) (consisting of 4 storage structures), both in an R-RB
zoning district. Property is a 7.404–acre parcel (Tax ID# 1787); described as a parcel in
Doc.# 2021R-588696 Section 9, Township 44 North, Range 9 West, Town of Barnes,
Bayfield County, WI. Included in this request is an EIA waiver.
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
Hulstrom noted the Town of Barnes meeting will be held after this committee meeting
(August 20th).
Strand moved to postpone action on this item to the September meeting to allow
the town board input. Crandall seconded. Discussion—why didn’t town have a special
meeting. Pocernich questioned whether this was going to put a burden on the applicant if
postponed another month.
Pocernich motioned to suspend the rules to allow the representative to address
the committee, Crandall, second. Kastrosky noted he discussed this with the Town of
Barnes Clerk, and it was stated they are not giving it to the plan commission. He asked
them to please put it on the plan commission agenda so they could review it, because he
has had discussions with them the past 2 yrs. The plan commission met, but didn’t have
a quorum, so no action was taken. He stated Renz indicated it would be on in September.
Milanowski noted a special meeting could have been held, it’s disappointing. Pocernich
questioned again if it was going to affect the project significantly if we wait. Unidentified
man stated they would like to get at least one of the buildings up and one storage.
Kastrosky questioned whether the committee was going to approve this or not because
there is a lot on the line. He stated he didn’t even know if the EIA was adequate. Pocernich
asked the department to notify the town board letting them know the committee will take
action next month. Crandall indicated he had questions because this is the first time he
has seen this. Strand commented that there is a motion on the table, and it was specific
to the September meeting and intent was to deal with it or without town board input.
Ray called for a vote on the motion. Crandall, Ray and Strand in favor. Pocernich
opposed. Crandall questioned 10’ setbacks, what does EIA provide and if the lots are
rented what does the 10’ setback mean. Hulstrom outlined the ordinance that pertains to
EIA’s (i.e. vegetation, contours, traffic, waste, erosion, impacts on local economy,
roadway, waterway, noise). (An inaudible question was asked). Hulstrom replied with
verbiage on the ordinance regarding mobile home development (i.e. setbacks). Strand
noted he does not support an EIA waiver request based on the past use of the property
which possibly includes solid waste which may have been improperly disposed of but does
applaud the clean-up and development of the property. Pocernich agreed with Strand on
the clean-up and questioned sanitary. Hulstrom replied as far as she knew they were in
compliance. Discussion ended.
B. Alfred Holzer & Maria Holzer, owners request a conditional use permit (in a shoreland
w/wetlands) to convert part of an existing office into a second residence. Property is two
(2) parcels. Parcel #1 is a 24-acre parcel (Tax ID# 29721); described as a parcel in Doc.#
2006R-510744 V. 959 P. 111; and Parcel #2 is a 2.325-acre parcel (Tax ID# 29723);
described as a parcel in Doc. #2006R-510743 V. 959 P. 108. Both parcels are in the R-
RB zoning district and Section 20, Township 51 North, Range 3 West, Town of Russell,
Bayfield County, WI.
Hulstrom noted the Town of Russell was unable to meet prior to this meeting. Ray
questioned property lines being on Red Cliff land. Hulstrom noted uncertainty with the
mapping (could be over 200’ of error on the aerial overlays).
Pocernich motioned to approve the application for conditional use permit to
convert part of the existing office to a 2nd residence for the Alfred Holzer and Maria Holzer
property upon town board approval. Crandall seconded. Strand noted that giving pre-
approval puts pressure of the town to approve it whether they wish to or not, so he will not
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
be voting in favor of this motion. Pocernich asked to amend his motion to approve it
period (remove upon town board approval). Crandall seconded the amendment. Crandall
questioned why two signatures by the owners. Hulstrom indicated they are two separate
parties. Discussion followed regarding parcel not being able to be divided. Ray indicated
this proposal is not for new construction, it is existing footprints and converted part of the
footprint to a 2nd residence.
Pocernich questioned after-the-act and indicated he would need to include it in his
motion, so he motioned to approve the conditional use permit with the after-the-fact,
Crandall seconded. Vote: Crandall, Pocernich, Ray in favor. Strand opposed (Naye)
C. Hydra Properties LLC, owner request a conditional use permit (in a shoreland) to place
one shipping container in a R-RB zoning district. Property is a 5.22–acre parcel (Tax ID#
38615); described as Lot 5, CSM #2201 V. 12 P. 433, Doc #2021R-591167, Section 26,
Township 51 North, Range 7 West, Town of Clover, Bayfield County, WI.
Hulstrom noted the Town of Clover recommended approval with a condition that the
shipping container should be opaquely screened from neighboring properties with existing
vegetative material and new plantings so arranged that within 10 yrs of the shipping
container will not be visible from neighboring properties. A July 31st phone conversation
with Mr. Flury he advised Town Plan Commission Chair Koenning that he does not oppose
the condition on the permit requiring the screening. Ray commented the container will be
200’ from road (forested) so he is unsure if anything additional for screening is necessary.
Pocernich commented that the container would be painted.
Crandall moved approval with the addition of the Town recommendations,
Pocernich seconded. No further discussion. Vote: 4-0. Motion carried.
Ray reminded committee members they should be siting a couple of logical reasons off
the cheat sheet (17 decision making)
D. Tim & Lindsay Dykstra, owners request a conditional use permit (in a shoreland) to place
one shipping container in a R-RB zoning district. Property is a 5.27–acre parcel (Tax ID#
13314); described as a parcel in NW ¼ SE ¼ in 2016R-565999, Section 3, Township 46
North, Range 8 West, Town of Delta, Bayfield County, WI.
Strand moved to postpone to the September meeting to allow for Town Board
input, died for lack of a second. Pocernich made a motion to approve the conditional use
permit for Tim and Lindsay Dykstra to place a shipping condition on their property,
Crandall seconded. Ray questioned if a permit will be applied for. Hulstrom replied they
already have an application in for the gazebo and garage. Crandall questioned
presentation to the lake. Pocernich questioned the boathouse. Discussion followed
regarding type of permit needed for shipping containers and town board notifications,
approvals, committee taking action without towns input, conflict a couple times a year with
a few towns meeting after committee meets and committee wanting town input. Vote:
Pocernich, Crandall and Ray in favor, Strand, opposed. Motion carried.
E. Hilltop Hideaway LLC, owner request a conditional use permit (in a shoreland) to operate
a 2-unit short-term rental in a R-RB zoning district. Property is a 2.13–acre parcel (Tax ID#
24521); described as Lot 2, CSM #322 V. 3 P. 150, Doc #335568, Section 10, Township
43 North, Range 6 West, Town of Namakagon, Bayfield County, WI.
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
Ray indicated they have an existing rental and wish to have a 2nd. He stated they have
town board approval.
Crandall stated based on town board approval he moves to approve this permit.
Strand questioned the motion noting there is a recommended condition as indicated by
the Director. Crandall indicated he seen that. Strand indicated with that he seconds the
motion. Hulstrom questioned Crandall if he seen that the town had placed a condition that
the applicant be compliant with the town ordinance. Ray questioned why place the
condition when it is part of the county ordinance. Hulstrom indicated the app was in prior
to the ordinance being in place, so a new permit would be needed and went over sanitation
requirements (max occupancy), so prior to June 30, 2025, an application will need to be
submitted and will get issued an updated permit. Ray noted the date of the application,
and he then stated there is a motion on the table with the suggested conditions of the
zoning dept and town condition and a second from Strand. No further discussion. Called
for Vote 4-0. Motion carried.
11. Minutes of Previous Meeting(s): Ray stated the minutes are from the June 20th and July
18th meeting.
Strand moved to approve the minutes of the June 20th and July 18th meeting
minutes as presented, Crandall seconded. Vote: 4-0. No further discussion. Motion
carried.
A. Discussion and Possible Action regarding discussion(s) regarding matters of the P
& Z Dept.
Hulstrom mentioned a new inspector has been hired and she will be starting this coming
week and will take several months to get her up to speed. Hulstrom indicated to the
committee that she found out she had passed her POWTS exam and will be going on to
her soil’s certification. Ray questioned if the new employee was for sanitary inspections.
He was told she (Cayla) is the new Assistant Zoning Administrator who will be doing both
land use and sanitation. Pocernich questioned whether the new employee could be at the
next meeting so they can meet her. He questioned her name (Cayla Cavey). Hulstrom
noted she has a really good background. She doesn’t have land use or zoning experience
but has education in soils and wetland identification and is accustomed to working with
policy and regulations.
Pocernich spoke regarding an email he received on Buskey Bay. He would like to know
what is going on and asked if it is relation to the Tiki Bar. Hulstrom noted she had not
seen the email and asked if she could review and get back to him. He replied that he
would like it in a group email, so everyone knows the response. She responded she will
do that.
Pocernich questioned Abeles-Allison on what the committee set forward. Abeles-Allison
stated the dept preceded last months totals. He stated they are continuing to work with
individuals within the dept., Hulstrom continues to have weekly meetings, looking forward
to new staff, still receiving some push back/reluctance to utilize software, reluctance to
follow job duties and he indicated they are working with those employees and documenting
the issues and trying to be very clear on the expectations that we have. Discussion
followed on how many permits in Aug so far have been issued. Question asked regarding
STR’s. Niewinski noted on short-term rental updates and stated she is working on the
new shared application. Ray questioned how many new applications she received for
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ZC Planning and Zoning Public Hearing and Meeting – August 15, 2024
STR’s. She indicated 2 or 3 for August and has around 15 that are waiting on town input
that are prior to the new ordinance going into effect. Crandall questioned if something was
in place or some sort of notifications being sent to get all the existing into compliance by
July of 2025. Niewinski noted she will be working on a plan to send out this winter, so they
have a heads up.
Abeles-Allison noted he and Hulstrom met with planning consultant and worked out
contract terms and will be signing it and will begin the end of Sept. They asked for
contingency time and got a final, final, final date of March 2026, which gives a total of 18
months. Working on getting input from town, committee, staff and public. He noted the
committee stated the focus will be on ordinance improvements regarding this rewrite. One
of the topics discussed earlier (the mobile home park). The idea if approved a statement
could potentially be made to say a future upgrade will be made that the State code will be
adopted and incorporated into the new code rewrite.
12. Budget and Revenue
Hulstrom commented the June monthly report is in drop box and noted between last year
and this year we are a little ahead (about $43,000). Noted the land use was ahead of last
year by 53 and 2 for sanitary. Ray questioned the negative (red) below budget projection.
(Inaudible answer from audience was given and discussion followed without a
microphone). Hulstrom noted to Abeles-Allison the UDC (6%) will be noted in the future.
13. Adjournment
Ray called adjournment at 5:36pm.
Prepared by dak on 8/30/2024 & 9/3/2024
Approved by REH on 9/5/2024
Sent to PZC on 9/5/2024-3:14pm
Uploaded to Drop Box on 9/13/2024
Final Approval on 9/19/2024
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2024/#8August15