PUBLIC HEARING BEFORE THE
SAWYER COUNTY ZONING COMMITTEE
20 FEBRUARY 2009
Zoning Committee = ZC
JB = James Bassett, Chairman
BM = Bruce Miller, Vice-Chairman
KM = Kathy McCoy
AM = Arlene Mizerka
FZ = Fred Zietlow
WJ = Warren Johnson, Alternate
Zoning Administration = ZA
WAC = William A. Christman, Zoning Administrator
CY = Cindy Yackley, Deputy Zoning Administrator
KT = Kitty Taylor, Zoning Secretary
1) Call to Order and Roll Call.
2) JB calls the Public Hearing before the Sawyer County Zoning Committee to order at the Sawyer County Courthouse, Hayward, Wisconsin. Roll is called finding members present: JB, BM, FZ, KM, AM, WJ. Corporation Counsel, Thomas J. Duffy = TJ.
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 February 4 and 11, 2009.
1) Town of Round Lake – Helen L. Mrotek (deceased) c/o Doug Mrotek. Lots 1 & 2, being Part of the SW ¼ NE ¼ and the SE ¼ NW ¼, S 1, T 41N, R 8W; Parcels .3.5 and .3.6. Vol 543 Records Page 424, Vol 552 Page 437, Vol 671 Page 136; CSM Vol 30 Page 211. 20.16 acres total. Change from District Forestry One to District Agricultural Two. Purpose of request is for hobby farming. The Town Board has tabled its decision. Doug Mrotek requests tabling to March 20, 2009.
BM motions to table to March 20. JB seconds motion. Motion carries.
CONDITIONAL USE APPLICATIONS
1) Town of Bass Lake – Jonjak Cranberry Farm, Inc. c/o Randy Jonjak. Part of Govt Lot 2, S 33, T 41N, R 9W, Part of Parcel :2.1. Vol 406 Records Page 79; Registration Doc #339637. Approximately 8 acres out of the total 37.34 acres. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit #00-003 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on February 15, 2001 and renewed February 17, 2006. Said property is registered in accordance with the Wisconsin Administrative Code as a marketable non-metallic mineral deposit. The Town Board has approved.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Seven (7) letters sent out. 3 were returned with no objection. Jonjak present to answer questions. BM asks about semi’s. Jonjak: Temporary storage.
PH: 20 February 2009
BM motions to approve with the condition that the applicant comply with NR 135 and the Sawyer County Mining Reclamation Ordinance. FZ seconds motion. Motion carries.
Findings of Fact: It would not be damaging to the rights of others or property values. It would be compatible with surrounding uses and the area. It is in compliance with the Town of Bass Lake plan.
2) Town of Draper – Heartwood Forestland Fund VI Ltd. Partnership, Lessee: Milestone Materials. The S ½ of the NW ¼, the NW ¼ of the SW ¼, S 26, T 39N, R 4W, Parcels .7.1, .8.1, .10.1. Doc #351074; Lease Vol 746 Page 399. Approx. 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 tabled its decision in January to allow time to investigate some complaints. The Zoning Committee tabled the application at the January 16 public hearing. The Town Board has now approved the application.
WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Three (3) letters sent out. 3 were returned with objections; a letter of support was sent from the Sawyer County Highway Commissioner. Candy Anderson representing. Milestone and Heartwood have agreed to Town Board conditions: 1. Tree buffer. 2. Setback to CTH M. 3. Crusher and asphalt hours 6AM-9PM. 4. Possible south access for special jobs. 5. Judith Hanke family to be notified before any projects. Many of the complaints involve the former property owner Plum Creek and their forestry operations, and not the current owner or the operator. Approx 13 acres open now. Milestone hasn’t been in this pit since 2006. No plan for use now but must renew CUP to keep active. Surrounding zoning is forestry and adjacent to county forest, few residences. JB asks about crushing and asphalt. Anderson explains that there was a lot in the 1990’s. They have adjusted to Town Board request of 6-9PM hours. New owner seems concerned and responsible. Judith Hanke on objections: Complained about Plum Creek logging operations. Her concern is CTH M maintenance and wants to know if county has money set aside for road repair. FZ advises her to direct this concern to the Highway Committee. Linda Zillmer: ZC needs to address issue of lumber companies.
FZ motions to approve with the Town Board conditions and with the condition that the applicant comply with NR 135 and the Sawyer County Mining Reclamation Ordinance. AM seconds motion. Motion carries.
Findings of Fact: It would be compatible with surrounding uses and the area. It would not destroy prime agricultural land. It is a critical part of the county infrastructure.
PROPOSED AMENDMENT: SAWYER COUNTY PRIVATE SEWAGE SYSTEM ORDINANCE
Page 6 Create: SECTION 14 SAWYER COUNTY ZONING COMMITTEE
14.1 Any person who alleges that there is an error in any order, requirement or decision made in the enforcement of this ordinance may appeal to the Sawyer County Zoning Committee. Any appeal shall be made on forms furnished by the Zoning Department within 30 days of that administrative action. Other substantiating evidence will be accepted.
14.2 Wisconsin Fund Appeals
(1) Request for initial review of determination. Pursuant to Wisconsin State Statute 68.08, any person in disagreement with the denial of a Wisconsin Fund application may have written or oral determination reviewed by written request mailed or delivered to the Zoning Office within 30 days of notice to such person of such determination. The request for review shall state the ground or grounds upon which the aggrieved contends that the decision should be modified or reversed. A request for review shall be made to the employee who made the determination.
(2) Appellate Review. Pursuant to Wisconsin State Statute 68.11, an appellate review of the initial determination shall be made to the Sawyer County Zoning Committee pursuant to Section 5.0 APPLICATIONS AND PROCEDURES, Sawyer County Zoning Committee – Rules and By-laws.
PH: 20 February 2009
PROPOSED AMENDMENT: ZONING COMMITTEE RULES AND BY-LAWS
SECTION 4.0 POWERS AND DUTIES OF THE COMMITTEE
Page 4 Create: 4.18 Hear Wisconsin Fund appeals.
Mert Maki: Sewage system ordinance appeal process must be addressed in the ordinance to maintain Wisconsin Fund grant. TJ: This identifies the ZC as the body of appeal for WI Fund denials.
BM motions to change wording from “employee who made the determination” to “Zoning Department” and to approve. JB seconds motion. Motion carries.
1) Review of department services – CY explains the urgency of staffing decisions. Deb Hammerel is posting to another department, last day Feb. 27. April to November is busiest time of year. Could be seasonal. WAC and Robyn Thake, tax lister, discussed a proposal to combine work for her current part-time person. Thake explains that the employee is always needed for more than 2 days a week and does not agree to the proposal. BM suggests moving this to the bottom of the agenda to serve the audience members here for other issues.
2) Application for horse in residential zone district – Sue Julson and Gary Hochstein representing. To put on Julson’s 1.55 ac. Julson’s doctor suggested having her horse with her would assist her with her blindness and associated conditions. Petition of approval from neighbors and Town Board approval. 21 year old horse. TJ refers to ADA and says this animal can be an accommodation, not a variance. Horse will be fenced and sheltered. May be losing rental space where he is now.
BM motions to allow Julson’s horse at her property, provided it is only this horse and only while she has the property, with doctor’s letter and petition. JB seconds motion. Motion carries.
3) Waive 12 month rule to reapply for public hearing. Re: Metcalf – TJ: Application to be amended to reduce the number of sites, so should be re-noticed since the change is so great.
BM feels waiver of 12 month rule is reasonable and moves to approve waiver.
FZ insists they bring a very complete plan. KM doesn’t like to waive the 12 months. WJ: They’ve done a lot of work and he doesn’t see why they can’t go on with it. Zillmer corrects BM’s statement and says she was denied 12 month waiver. Varco is anti the project, feels this would be favorable preferential treatment. 12 months starts from Feb. 19, 2009.
JB, FZ, KM, AM vote no on waiver. BM votes yes. Motion fails.
4) Review of sign ordinance – WAC is absent and unable to present his research.
BM motions to table this discussion. JB seconds motion. Motion carries.
5) Revised plat of Dreaming Trails Condo to form public access lot – Dave Kafura, DNR, and Ted Thompson, property owner, present. Explain that various citations were issued. Kafura also explains that a violation of State Statute 236 occurred by creating more than 5 lots (in Shores of Osprey development) without providing a public access. Would take the access lot from Dreaming Trails, which would require an addendum to its condo plat. There is no requirement for a boat landing to be installed, just a deeded access which someone (county, town, or DNR) would take title to. The proposed lot is unbuildable, and road access is guaranteed through existing roads. FZ doesn’t feel this is a ZC issue and TJ explains that a plat change must be acted on by the committee.
FZ motions to approve change in plat. No second. Motion fails.
KM feels the public access should be useable property. But condo members don’t want public access.
BM motions not to accept the change in plat, that it’s a violation of the conditional use.
KM seconds motion.
Thompson shows mapped area of proposed lot. It would not affect the buildability of any other lot in the conditional use. TJ sees this as a satisfactory proposal for settling differences between the DNR and the property owner. Kafura: This can correct what should have been dealt with when Shores of Osprey was created. Shores is not a condo, just a group of lots with covenants. PJ Schaeffer, Pres.
PH: 20 February 2009
Osprey Lake Prop. Owners, feels this is not in accordance with the agreement with Thompson when the Dreaming Trail condo was approved for CUP. TJ: If this change is not approved and is a violation of the CUP, then the agreement on Dreaming Trails is undone and must be done over. The lot is coming out of the condo property, would not be part of condo, road to lot will be responsibility of a road association and access lot owner won’t have to pay for road maintenance.
BM and KM withdraw their motion.
FZ motions to approve an addendum to the plat of Dreaming Trails Condo, the parcel removed from the condo association for the purpose of public access only.
AM seconds motion. BM votes no. Motion carries.
KM motions to return to Town for decision on who will accept deed of lot. JB seconds motion.
6) Lovejoy Lake development – CY explains that covenants have been fixed and recorded and are now in compliance. KM suggests imposing time limit for recording covenants.
7) Time-of-sale septic system inspections – Mert Maki reports that the NW District has discussed it. TJ: Some mortgages demand it. Maki: Ultimate reason is for protection of groundwater. Would not be done by the county. Administrative Code specifies who is qualified to inspect. Al Arnold, Realtors’ Assoc: Winter months restriction would be an objection by realtors and property owners. TJ: Most offers include septic system and well, anyway. Phil Nies encourages the county to do this in the public interest. Linda Zillmer encourages ZC to adopt this requirement, rather than Towns each doing their own. Len Eckerly, Town of Hunter: Concern over water quality. Would like county to protect lakes. ZC would like to see other counties’ ordinances where this is done.
BM motions to table until April. JB seconds motion. Motion carries.
8) Overdue reclamation fees – 1 operation hasn’t filed report and fees. ZC requested to set a final date.
BM motions to set 4:00 PM, March 16, 2009 deadline or permits will be terminated at the March 20 ZC meeting. JB seconds motion. Motion carries.
9) Out of county travel – WAC or an alternate to attend spring conference.
BM motions to approve. JB seconds motion. Motion carries.
BM motions to approve. FZ seconds motion. Motion carries.
Return to Department services and staffing – Carol Larson, Human Resources: We can’t advertise a position as part or full time. Those posting would have to know what they are posting for. CY needs someone 5 days a week. We need a quick solution.
BM moves to recommend filling the full time position vacated by Deb Hammerel’s transfer.
KM seconds motion. FZ votes no. Motion carries.
COMMUNICATIONS AND MISCELLANEOUS
1) Next Zoning Committee regular meeting scheduled for March 20, 2009, at 8:30 AM.
pc: Zoning Committee – 6; County Board – 9;
WMS, DNR – 1; County Clerk – 1;
Corp. Counsel – 1; NABA – 1;
Summary prepared by KT (February 24, 2009)
BM motions to adjourn.
FZ seconds motion.