Meeting Agendas & Minutes

Zoning Committee Meeting Minutes 01/16/2009

Last Updated 2/9/2009 3:05:48 PM


 

The following is provided as a courtesy only and is not to be constructed as the official public hearing notice.  Please contact the Deputy Zoning Administrator (715) 634-8288 for the most current information.

 

MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

January 16, 2009

 

 

 

Zoning Committee Members

JB = James Bassett, Chairman

BM = Bruce Miller

FZ = Fred Zietlow

AM = Arlene Mizerka

KM = Kathy McCoy

WJ = Warren Johnson

 

Zoning Administration

WAC = William A. Christman, Zoning Administrator

CY = Cindy Yackley, Recording Secretary

TJD = Thomas J. Duffy, Corporation Council

 

PRELIMINARY MATTERS

       1)  Call to Order and Roll Call

      JB calls the Public Hearing before the Sawyer County Zoning Committee                                   to order at 8:30 AM. in the SawyerCounty Courthouse, 10610 Main St.,    Hayward, Wisconsin. Roll is called finding present:  JB, BM, FZ, AM, KM, WJ,             WAC and CY.

2)   Statement of Committee and Hearing Procedure.

      Those persons wishing to speak will be afforded the opportunity provided they identify themselves. JB gives order of submitting files to Zoning Committee,       taking testimony, and making a decision. Requests orderly procedure. Gives       appeal deadline.

3)   Statement of Hearing Notice.

      Public Hearing Published as a Class 2 Notice in accordance with Chapter 985 of           the Wisconsin Statutes in the Sawyer County Record on December 31, 2008 and           January 7, 2009.

 

WAC states there are no rezone applications this month and proceeds with the conditional use applications.

      1)   Town of Draper – Heartwood Forestland Fund VI Ltd Partnership, Lessee:      Milestone Materials. The S 1/2 of the NW 1/4, the NW 1/4 of the SW 1/4, S26, T           39N, R 4W; Parcels 7.1, 8.1 & 10.1.  Doc# 351074; Lease Volume 746 Records    page 399.  Approximately 120 acres. Property is zoned Forestry One. Permit is            desired for the three (3) year renewal of conditional use permit #03-014 for the      location/operation of a non-metallic mineral extraction, including a rock crusher        and asphalt plant, which was approved at public hearing on June 20, 2003. The             Town Board has tabled their decision. WAC reads the application into record and         reads the Town Boards decision letter stating the town has tabled their decision

            Summary Agenda

Sawyer CountyZoning Committee PH

January 16, 2009

 

            until next month to give the town additional time to research the complaints         regarding the pit operation.

            BM motions to table the application until February public hearing.

            JB seconds motion.

            Candy Anderson, representing Milestone Materials states she was at the          Town Board meeting and that there were some neighbors who has some        issues regarding the pit operation and that she thinks there may be some confusion with another pits operation next to this pit and that is why the town board tabled, so they could have time to resolve the confusion.

            Unanimous vote.

     

NEW BUSINESS      

 

#1  Review of Section 5.0 – Signs.

WAC states that Zoning has always had sign issues, but in this particular case, Real Estate signs have become a problem as they don’t meet the size requirements in the ordinance. The Zoning Committee has previously received the some handouts including a letter written by Al Arnold who represents the Realtors Association, with some recommendations. He has polled some surrounding counties to see what their ordinances recommends and after reviewing he recommends the following:

Maximum size is 8 square feet for On Premise signs – no permit required

Maximum size of 32 square feet for Subdivisions – no permit required.

Maximum size of 4 square feet for Off Premise signs – with owner permission; no permit required.

WAC’s recommendation is that we look at rewriting the sign ordinance to include all issues that have been raised. TJ suggests setting up an ad-hock committee to include sign painters, sign makers, etc. KM states this sign issue will eventually be tied in with the Land Use Planning. Mr. Arnold suggests getting in touch with BurnettCounty to take a look at their ordinance as they have just completed it.

BM motions to place this issue on next months agenda as to the progress Zoning has made on the issue.

Phil Nies, Linda Zillmer and Leonard Eckerly all speak regarding the sign issue. It’s determined with a letter be sent out to all towns requesting their input on the issue. Zoning is to get a copy of BurnettCounty’s sign ordinance, make copies and place in the Zoning Committee’s boxes for their review.

There was no second to BM’s motion.

 

 

 

 

 

 

Summary Agenda

Sawyer CountyZoning Committee PH

January 16, 2009

 

The Committee jumps forward in the agenda to discuss Item #5 – Revised Plat of Dreaming Trails Condominium.

 

Due to a violation, owner Ted Thompson has made a deal with DNR to provide lake access for pubic use. By doing this, it changes the condo plat and the plat must be amended to reflect this change. Discussion was held on who’s authority that this deal was made. Part of the approval of the plat was that there would be no public access to the lake for public use. It’s determined that all parties involved with this issue need to attend the February Public Hearing to discuss this issue for resolution. Carol Dannell, a property owner speaks that at a previous public hearing, the developer of Dreaming Trails Condo agreed that no further access would be made. She also had concerns regarding parking and safety issues. Jason Nelson, Heart of the North Surveying states that his firm was hired to survey the lot in question and that the survey has been conducted and is ready for recording. WAC reads a letter of concern from Brian Follett into the record. Linda Zillmer states that the project has been a disaster from the start. Phil Nies speaks regarding his problem with the DNR mandating the public access.

BM motions to have this issue placed on the February agenda and to have all parties involved (Thompson, DNR, tribal representation, property owners and possibly someone from the Town of Round Lake Board) be present at the meeting to discuss this issue further.

AM seconds motion. Motion Unanimous.

 

The Committee jumps forward on the agenda to Monthly Vouchers

 

BM motions to approve the vouchers

AM seconds motion. Motion Unanimous

Zoning to write Mr. Thompson a letter recommending he contact the Town of Round Lake Town Board prior to the February Public Hearing.

 

Committee goes back to item #2(a) on the agenda – The Chicken Survey

 

The Committee is handed the results from the Town Boards and they review. Most towns are in favor of allowing chickens in those zone districts other than in the agricultural zones. Allowing other fowl birds are discussed and it’s determined that Zoning will write an ordinance amendment allowing chickens only in all zone districts for the March Public Hearing.

 

#2(b) Small Accessory buildings.

The Committee the town’s results. Most towns are not in favor of small accessory structures being placed on those vacant properties used for camping.

KM motions to drop this issue and ordinance to remain as is.

BM seconds motion.

 

Summary Agenda

Sawyer CountyZoning Committee PH

January 16, 2009

 

Phil Nies states he feels that the ordinance should be left as it is. Linda Zillmer states that by approving, it would be an invitation for theft.

Motion Unanimous.

 

#3 Request to fill Zoning and Sanitation Secretary II position.

 

WAC states that Deb Hammerel has applied for a position that has opened up in the Human Services Department and if the Zoning Department was to wait until she was hired for the new position, it would put the Department’s request to fill the vacated position off for a month or tow. WAC asks that if Deb is hired into the new position that he be allowed to proceed with getting the approvals necessary to fill the vacancy?

BM motions to approve filling the vacant position if needed at 35 hours per week or up to 40 hours if needed.

JB Seconds the motion.

Motion Unanimous

#4 Proposed Amendment to the Shoreland Zoning Ordinance – discussion only. WAC hands out his proposal and explains how Zoning conducts their setback measuring on bodies of water. He explains each section of the proposal. It’s determined that this issue will be discussed at a later hearing. Zoning to place on a future agenda.

 

#6 Proposed Amendment to the Private Sewage System Ordinance.

WAC states the ordinance does not have an appeal process for the Wisconsin Fund Grant Program and that there should be some language in the ordinance to allow for the process of an appeal. He recommends that the Zoning Committee be the body to hear these appeals and that the Zoning Committee Rules and By-laws will also need to be amended to include the appeal process.

KM motions to move forward with the proposed amendment and to hold a Public Hearing on the issue in February.

BM Seconds the motion.

Motion Unanimous

 

#7 Proposed Amendment to Section 10.0 Non-Conforming Uses

 

WAC states that there is a State Statute on this issue that allows for the rebuilding of destroyed structures that are non-conforming. Discussion was held on whether to incorporate the State Statute language into our ordinance or just refer to the Statute number. It’s determined to just refer to the Statute number. WAC states that this issue would need to go before the towns for their approval.

BM Motions to approve and to send it to the towns for their review and input and to hold a public hearing on it at a later date.

AM Seconds motion.

Call Vote: 3 No, 2 Yes.

 

 

 

Summary Agenda

 

Sawyer CountyZoning Committee PH

January 16, 2009

 

BM Motions to send to the Town Boards with an explanation that it’s the law and that the towns are receiving it for information only.

Discussion held.

BM withdraws his previous motion and motions to adopt the language that just sites the statute, and to send it on to the towns with an explanation letter.

KM Seconds motion.

Motion Unanimous

Issue to be placed on agenda for March.

 

Section 4.25 and 4.416

 

WAC states that these two sections of the ordinance are very confusing and conflicting. After some discussion, it’s determined to leave Section 4.416 as is and Section 4.25 needs further discussion. This issue to be placed on the March agenda.

 

Other Items for discussion only

 

Linda Zillmer spoke regarding some Town of Edgewater issues.

 

Department Services.

WAC has previously handed out to Committee members, the proposed form for Towns to review and respond and states that the form will be mailed out to the townships next week. The results from the towns will be placed on an upcoming agenda.

 

Fred Scheer’s development on LoveJoyLake.

WAC states that a complaint was received regarding the restrictions and covenants that were placed on the approval of Sheers development, indicating that those restrictions and covenants were not included in the recording of a deed document. Since the complaint, the developers have recorded those restrictions and covenants but after reviewing the documents, there appears to be some discrepancies in the language that was approved and in that, that was recorded. It was determined that a letter be sent to Mr. Scheer and to Gary Nathan (owner of 4 lots) requesting that they attend the February Public Hearing to answer questions regarding this matter.

 

BM Motions to adjourn

JB Seconds the motion

Motion Unanimous

 

 

      Pc:       Zoning Committee – 6  County Board – 9         WMS, DNR – 1

                  CountyClerk – 1                      Corp. Counsel – 1        NABA – 1

                              Summary prepared by CY (January 19, 2009)