Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/2/2007 12:09:43 PM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

19 MARCH 2004

 

Zoning Committee = ZC

JB = James Bassett, Chairman

DT = Don Trettin, Vice-Chairman

FR = Frank Romnes

JH = John Hirschfeld

BM = Bruce Miller

 

Zoning Administration = ZA

WAC = William A. Christman, Zoning Administrator

CY = Cindy Yackley, Deputy Zoning Administrator

 

PRELIMINARY MATTERS

1)      Call to Order and Roll Call.

2)      JB calls the Public Hearing before the Sawyer County Zoning Committee to order in the Circuit Court Room of the Sawyer County Courthouse, 10610 Main St., Hayward, Wisconsin. Roll is called finding members present as follows: JB, DT, JH, BM, FR.

3)      Statement of Board and Hearing Procedures.

JB states those wishing to speak will be afforded the opportunity provided they identify themselves. Gives order of submitting files to ZC, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline.

4)      Statement of Hearing Notice.

JB states Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on March 3 and 10, 2004.

 

REZONE APPLICATIONS

1)      Town of Edgewater – Michael L. Bucher et ux. Part of the SW¼ NW¼, S 1, T 37N, R 9W, lying east and south of the Tuscobia Trail, Part of Parcel .7.1. Vol 716 Records Page 320. Approximately 3.24 acres to be rezoned out of the total 37.12 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is for the construction of a single family dwelling. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Five (5) letters sent. 1 was returned with no objections. Bucher present, property does not border DeLong property. Existing driveway. No subdivision.

JH motions to approve the application.

DT seconds motion to approve.

Unanimous vote.

Findings of Fact: It would not be damaging to the rights of others or property values.

 

2)      Town of Winter – Robert E. Arntz. Part of the NW¼ NW¼, S 9, T 38N, R 5W, Parcel .6.1. Vol 661 Records Page 248. 27 total acres. Change from District Residential/Recreational One to District Agricultural One. Purpose of request is for the location/operation of a non-metallic mineral extraction, including a rock crusher, by the lessee. Also application for Conditional Use. The Town Board has approved both applications.

 

Summary Agenda

Zoning Committee

PH: 19 March 2004

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Five (5) letters sent. 1 was returned with no objections; 3 with objections. Additional letters from Land & Water Conservation and other property owners outside the 300' also read. Town of Winter gravel pit discussed. (CY leaves courtroom, missing some discussion.) Opposed: Ralph Petit, no place for a gravel pit, only 4 acres for pit, rest is swamp, should be off the road and not near a residence. Ed Sheridan: Noise from trucks, dust, time restrictions, not weekends, Brunet River nearby. Sandra Kinsley: Arntz aware of cost? Rules, regulations, a lot of money up front. Maybe the Town of Winter is backing this pit, heard town pit is running out of gravel. Winter pit has no CUP, needs one for crusher, and requires reclamation. JB abstains, Town of Couderay does business with applicants.

FR motions to deny the application.

JH seconds motion to deny.

Motion carried.

Findings of Fact: It would be damaging to the rights of others or property values.

FR motions to deny the conditional use application.

JH seconds motion to deny.

Motion carried.

Findings of Fact: It would be damaging to the rights of others or property values.

 

CONDITIONAL USE APPLICATIONS

1)      Town of Bass Lake – John P. Williams, dba Williams Gravel. Part of the SW¼  NE¼, S 33, T 40N, R 9W, Parcel .3.1. Vol 423 Records Page 172. 19.27 acres. Property is zoned Agricultural One. Permit is desired for a three (3) year renewal of conditional use permit #88-012 for a non-metallic mineral extraction, including a rock crusher, that was approved at public hearing July 15, 1988 and renewed on March 19, 1993 and July 19, 1996 and February 18, 2000. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Six (6) letters sent. 4 were returned with no objections. Williams present, wants to continue as before, small operation. DT: Operation hours 6-7PM, May-Dec. Williams: Crush May, 3-4 weeks. Reclamation plan and financial assurance are due by June, 2004. 

BM motions to approve the application.

JH seconds motion to approve.

Motion carried.

Findings of Fact: It would be not be damaging to the rights of others or property values.

 

2)      Town of Couderay – Sawyer County. Part of Blocks 14, 15, 18, and 19, Lake Ashegon Heights, S 24, T 39N, R 8W, Parcels –1.14.65-86, -1.15.87-104, -1.18.149-162, and –1.19.163-183. Vol 75 Records Page 255. Pit area is east of an unnamed creek running north of Ashegon Lake, and north of Bag-Waki Drive, containing approximately 20 acres. Property is zoned Forestry One. Permit is desired for the location/operation of a non-metallic mineral extraction (sand and fill only). Said operation has existed pre-zoning. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Twelve (12) letters sent. 1 was returned with no objections; 7 with objections. JB: It is sand only, small operation, Town of Couderay to purchase once it is done and reclaimed. John Czarnecki, highway dept., 2001 operation plan and 2003 reclamation plans submitted by Pete Dieckman. No more crushing, pit is almost depleted. Pictures previously submitted. Intent is to extract the ready material. Hours 6-4:30 during construction season. More reasonably 9:00 AM. Strictly sand extraction, used

Summary Agenda

Zoning Committee

PH: 19 March 2004

for culvert replacement. County has already bought and paid for the materials in there, approx. 800 yds., about 90 truckloads. Benefit to the county. Has letter from LCO stating tribe wouldn't protest. BM asks about life span of pit, when depleted. Czarnecki: Could be as long as 10 yrs., depends on need and mother nature. JB: Town of Couderay not happy with this pit, Board approved.

DT motions to approve, only for removal.

JH seconds motion to approve.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 

3)  Town of Hunter – Donald C. Reinardy et ux. Lot 1, being Part of the NW ¼  SW ¼, S 17, T 40N, R 6W, Parcel .10.10. #316542; CSM Vol 7 Page 225. .94 acres. Property is zoned Residential/Recreational One. Permit is desired for an increase by approximately 3,000 square feet of impervious surface over the allowable limit of 4,500 square feet. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters sent. 3 were returned with no objections. Reinardy not present, Garry Nelson, builder, representing, reads the sq. ft. of impervious surfaces. Proposing small additions, impervious will to over the 15% allowed. Discusses drainage. Owners have agreed to mitigate shoreline. BM asks total sq. ft. of finished home. Nelson: Approx. 1500 sq. ft. Gene Mittlestadt, Town of Hunter Supervisor: Board approved, had no objection.

JH motions to deny the application.

JB seconds motion to deny.

Motion fails.

FR motions to approve.

DT seconds motion to approve.

DT, FR, BM vote yes; JH, JB vote no.

Motion carried.

Findings of Fact: It would not create topographical problems such as run off, drainage, erosion, flooding, or vegetative cover removal.

 

4)  Town of Lenroot – Larry Verissimo et ux, dba KOA Campground. Part of the SE ¼  NW ¼, S 12, T 41N, R 9W, Parcels .8.4 & .8.7. #318835; CSM Vol 13 Page 77. Approximately 12.96 acres total. Property is zoned Residential/Recreational Two. Permit is desired for the expansion of an RV campground (KOA) including shower and bathroom facilities. The Town Board has approved the application with conditions.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters sent. 1 was returned with no objections; 5 with objections. Verissimo present, purchased waterslide property, created safe environment by Hwy. 63. Open 6 months of year. 200' buffer is too much. Rule is 50' from front/back. Rainwater collects in middle of property, points out low land on map. Will have electrical hookups, no generators. No access to Gouch Circle. In favor: Tad Strohbasch, lives on Gouch Road, has no objection, good for community. Adjacent neighbors are Kris Mayberry and Paddy Steavenson. Mayberry not opposed but wants to protect neighborhood from conflicting land use. Town Board addressed their issues, has no problem with 100' buffer. Prefers no business traffic onto Gouch Circle. Steavenson shares these concerns and concern about wetland. Discussion of Town's conditions. FR: Hang up is the buffer. Asks if owner has problem with 100'. Verissimo has no problem not using 100' for campsites but would like to use 50' for traffic flow.

Summary Agenda

Zoning Committee

PH: 19 March 2004

JH motions to approve the application as follows: A 100' buffer zone on the east boundary, the west 25' of the buffer zone may be used as a roadway; electrical hookups, no generators; holding tanks; only owners have access to Gouch Circle.

FR seconds motion.

BM votes no.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 

5)  Town of Radisson – Dennis G. Pease et ux. The SE ¼  SE ¼, S 36, T 38N, R 7W, Parcel .16.1. #318195. 40 acres. Property is zoned Agricultural One. Permit is desired for the placement of a mobile home, owner not being engaged in agricultural activities. The Town Board has approved.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Four (4) letters sent. 2 were returned with no objections. Pease present, closest neighbor about 1 mile away. Mobile home already exists.

DT motions to approve.

JH seconds motion to approve.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 

6)      Town of Round Lake – M. Gregory Petit et ux. Lot 8, being Part of the SE ¼  SW ¼, S 12, T 41N, R 8W, Parcel .12.12. Vol 564 Records Page 473; CSM Vol 7 Page 75 & Vol 15 Page 209. 1.5 acres total. Property is zoned Residential/Recreational One. Permit is desired for the location/operation of a gunsmith and gun sales shop. The Town Board has denied the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Thirteen (13) letters sent. 3 were returned with no objections; 5 with objections. WAC: Petit does not own property on Hwy. 77 as Town of Round Lake Chairman stated. Petit present, states Town Board was aware he doesn't own property on 77, that Chairman has a problem with applicant. Gunshop would be a hobby. BM asks Petit if he has a federal firearms license. Discussion on hours of operation and concerns of shooting guns. Petit: Wouldn't maintain any inventory.

JH motions to approve the application as follows: If Federal Fire Arms License is not obtained, conditional use is void; use is for this applicant only.

DT seconds motion.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 

7)  Town of Winter – Michael Kinsley et ux. Part of the NE ¼ SE ¼, S 29, T 39N, R 5W, Parcel .13.1. #316211. 38 acres total. Property is zoned Agricultural One. Permit is desired for the construction of a single family dwelling, owner not being engaged in agricultural activities. The Village of Winter has approved. The Town Board has approved.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Six (6) letters sent. 4 were returned with no objections. Kinsley not present, no representative.

FR motions to approve.

BM seconds motion to approve.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 Summary Agenda

Zoning Committee

PH: 19 March 2004

 

CAMPING AMENDMENT

More than a majority of townships approved the amendment. Various options selected. Phil Nies, Town of Bass Lake, urges ZC to approve. Roland Brown, Winter, urges ZC to move forward, pass it.

JH motions to approve.

BM seconds motion.

Motion carried.

 

SPECIAL USES
1)      Town of Draper – Stephen G. Smith

BM motions to approve.

FR seconds motion.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

2)      Town of Lenroot – Larry D. Neff

BM motions to approve.

FR seconds motion.

Motion carried.

Findings of Fact: It would not be damaging to the rights of others or property values.

 
RECLAMATION PLANS
1)      Town of Draper – Daniel W. Johnson, dba Johnson Crushing and Trucking. SW ¼ NW ¼, S 4, T 39N, R 4W, Parcel .7.1. Financial assurance $10,000.

2)      Town of Draper – Plum Creek Timber Co., Lessee: Johnson Crushing and Trucking, NE ¼ SW ¼, S 26, T 39N, R 4W, Parcel .9.1. Financial assurance $6,000.

3)      Town of Winter – Terry Strouf, NE ¼ NW ¼, S 19, T 38N, R 5W, Parcel .5.1. Financial assurance $1,303.

FR motions to approve.

JH seconds motion.

Motion carried.

 

POLICY ISSUES

1)        A&L Investments February public hearing – JB explains that this resulted in a 2-2 vote. Application was not approved. Does ZC want to rehear it with 5 members?

JH motions not to rehear it.

FR seconds motion.

DT votes to rehear.

Motion carries.

2)        Hausman LUP 02-548 – Request for extension. Holdup is due to DNR.

FR motions to extend for 1 more year to March 19, 2005.

BM seconds motion.

Motion carries.

3)        4 Seasons Resort – Request waiver of 12-month waiting period between public hearings. The property is the same, but the request is different.

JB motions to deny request and wait until the 12 months is up.

DT seconds motion.

Motion carried.

 

Summary Agenda

Zoning Committee

PH: 19 March 2004

4)        Non-metallic mining resolution – Resolution would state that county gravel pits would  be subject to reclamation.

BM motions to send to Highway Committee for input and return to Zoning Committee.

JH seconds motion.

Motion carried.

5)        Possible alternate member to ZC – JB states he brought the suggestion up for discussion to County Board.

BM motions to send recommendation to County Board that Zoning Committee have an alternate member.

JB seconds motion.

Motion carried.

6)        Osprey Lake property owners – WAC received correspondence on a complaint on development there. WAC did not observe any problems, wrote to developer regarding erosion buffers.

7)        Replacement of condo units – WAC explains that current ordinance wording no longer requires 20' setback between units.

 

NEW BUSINESS

1)  Monthly vouchers

BM motions to approve.

FR seconds motion.

Motion carried.

2)  Recognition plaque – WAC shows to ZC.

3)      Appeals of ZC decisions to be heard by the Board of Appeals, per court ruling. Appeal by Town of Bass Lake to go to BOA for more clarity.

4)      "Zoning Enforced" signs – To be placed on county and state roads entering Sawyer County. Possibly 25 signs, and a notice placed in county newspapers. Waiting for DOT response on size and posting.

 

CLOSED SESSION

FR motions to go into closed session.

DT seconds motion.

Motion carried.

ZC members provide input for performance evaluation of ZA Bill Christman.

BM motions to reconvene into open session.

DT seconds motion.

Motion carried.

 

COMMUNICATIONS AND MISCELLANEOUS

1)      Next Zoning Committee regular meeting scheduled for April 16, 2004, at 9:00 AM.

 

ADJOURNMENT

BM motions to adjourn.

DT seconds motion.

Motion carried.

 

pc:           Zoning Committee - 5,         County Board – 10;

                WMS, DNR – 1;                   County Clerk – 1;

                Corp. Counsel – 1;               NABA – 1

Summary prepared by KT (March 25, 2004)