Sawyer County Zoning Committee Public Hearing
February 17, 2012
Zoning Committee Members
James Bassett, Chairman
Fred Zietlow, Vice Chairman
Dale Thompson - Alternate
Dale Olson, Zoning Administrator
Cindy Yackley, Deputy Zoning Administrator
Thomas J. Duffy, Corporation Council
1) Call to Order and Roll Call
Bassett called the Public Hearing before the Sawyer County Zoning Committee to order at 8:30 AM. in the Sawyer County Courthouse, 10610 Main St., Hayward, Wisconsin. Roll is called finding present: Bassett, Johnson, Paulsen, Gunderson, Zietlow. Thompson – absent. From the Zoning Office Olson, Yackley and Thomas J. Duffy.
2) Statement of Committee and Hearing Procedure.
Those persons wishing to speak will be afforded the opportunity provided they identify themselves and have completed a testimony form.
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 February 1 and
February 8, 2012.
Due to the number of people present for the Treeland Cottages Inc. application, a motion was made by Paulsen, second by Johnson to move the Treeland Cottages Inc. application to number one on the agenda. Motion carried.
1) Town of Round Lake – Treeland Cottages Inc. The NW 1/4 SW 1/4, part of the SW 1/4 SW1/4, and lots 1 & 2, being part of the SE 1/4 SW 1/4, all in Section 36, T 41N, R 7W; Parcels 10.1, 11.1, 12.2 and 12.4 excepting the wetlands as indicated on the Wetland Inventory Map. Doc#350837 and 374694; CSM Volume 27 page 234. 64.54 acres to be rezoned out of the total 87.14 acres. Approximately 22.6 acres are wetlands. Change from districts Residential/Recreational One, Agricultural Two and Forestry One to district Residential/Recreational Two. Purpose of request is for the location/operation of a seasonal RV park condominium/park model/camping cabins with a maximum of 151 units with 24 river access units. Also application made for Conditional Use. The Town Board has tabled their decision to allow the towns planning committee time to hear and review a revised application and then to recommend a decision to the Town Board. The applicant has requested the applications be tabled until the April 20th Public Hearing.
Olson read the application into the record. Motion by Gundersen, second by Zietlow to table the application to the April 20th hearing. TJ Duffy advised that the applicants have amended their application from the original application that was previously sent to the town and was also published. Duffy recommended that the revised application be published and to have the applicants pay another public hearing fee. The applicant (Harold Treland) stated he had no objection to that. Motion carried. Discussion was held on whether a whole new application process needed be conducted and also whether to read the opinion letters that had been received into the record. Duffy advised the Committee that since the application has been revised from the original request, the committee should wait with reading the opinion letters as the Trelands would basically be starting from scratch with their revised proposal, so the process of preparing an application file (new publication, new opinion letters and new town board decision form) would be required.
2) Town of Ojibwa - Plum Creek Timberlands LP c/o Dan Lemke. Section 2: The NW 1/4 of the SW1/4, and the S1/2 of the SW 1/4; Section 3: The NW 1/4 of the NE 1/4, the S1/2 of the NE 1/4, the entire NW1/4, the entire SW 1/4 and the entire SE 1/4; Section 4: The NE 1/4 of the NE 1/4, the SE1/4 of the NE 1/4, the entire NW 1/4, the entire SW 1/4 and the entire SE1/4; All of Section 5; Section 6: The NE 1/4 of the NE 1//4, the SW 1/4 of the NE 1/4, the SE 1/4 of the NE 1/4, the entire SW1/4 and the entire SE 1/4; All of Sections 7,8,9 and 10; Section 11: The NW 1/4 of the NE 1/4 lying West of the road, the SW 1/4 of the NE 1/4 Except Lot 1 of CSM Volume 28 page 58, the entire NW 1/4, the NW 1/4 of the SW 1/4, the S 1/2 of the SW 1/4, and the SW 1/4 of the SE 1/4; Section 14: The W1/2 of the NE1/4, the N1/2 of the NW 1/4, the SW1/4 of the NW 1/4, the NW 1/4 of the SE 1/4 and all that part of Government Lot 2 lying northerly and westerly of Dam Road; All of Sections 15, 16, 17, 18, 20, 21 and 22; Section 23: The NW 1/4 of the NW 1/4 and the West 30 acres of Government Lot 5, all of the above in Township 39N, Range 6 West Town of Ojibwa. WD Volume 828 Records page 788. Approximately 10,012 acres to be rezoned. Change from District: Residential/Recreational Two to District Forestry One. Purpose of Request is to bring property into compliance with the existing land use. The Town Board has approved the application with additional comments.
Olson read the application, Town Board’s decision and opinion letters into the record. Gayle Johnson, Chairperson for the Town of Ojibwa was present and said that the town simply wants the property rezoned to the forestry zone district and that it was the town who initiated the application with Plum Creek agreeing to it. No one from Plum Creek was present to represent the application. Tom Sweeney, an adjoining land owner spoke with concerns regarding continued access through the property and the ability to continue to hunt on the land. Motion by Zietlow, second by Johnson to approve the application. Motion carried. Findings of Fact: It would be compatible with the surrounding uses and the area.
CONDITIONAL USE APPLICATIONS
1) Town of Bass Lake - John P. Williams; Operator – John S. Olynick Inc. The SW 1/4 NE 1/4, S33, T 40N, R 9W; Parcel 3.1. Volume 564 Records page 172. 19.27 acres out of the total 38.48 acres. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit #88-012 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on July 15, 1988 and renewed most recently on July 20, 2007. The Town Board has approved the application with comments. The application has been tabled from the December Public Hearing to allow the applicant/operator, the Town of Bass Lake and property owner Johnson Investment time to meet and agree on a solution to the objections the property owners had regarding the dirt piles within the pit area.
Olson read the application and the December 2011 minutes into the record. Discussion was held on whether the Committee should act on the application as published, as the permit had expired prior to the publication. Attorney Duffy advised the Committee that a new application has been submitted. Discussion was held on whether the issues that were brought up at the December meeting regarding the dirt piles had been resolved. Phil Nies indicated that not all of the issues were resolved. Olson stated that Olynick has worked with Tim Seidl in completing a new restoration plan. Zietlow questioned the life of the pit and how much gravel is remaining. Troy Story was present and representing Olynick, Inc. Story stated that he would guess there was at least 10 years left. The majority of the gravel is used by the Town of Bass Lake. Discussion was held on the agreement that was made between the land owner (Johnson Investments Inc.), the Town and Olynicks. Nies stated that the two homes that are within 1,000 feet of the pit have no objection to the pit. The objector is further from the site, located by the lake. Nies stated there is 20,000 tons of gravel that is mounded up and the town will be taking gravel out as soon as possible. The mounds of dirt that are piled up alongside the pit were discussed. Story stated that Olynick is prepared to round off the mounds and reseed and possibly plant a couple rows of seedlings on the mound. There are pine trees planted along the road that are 4-5 feet tall at present time. He sees the issue as being the lack of vegetation on the west pile. The east pile has plenty of vegetation on it. Dana Rasmussen, Attorney for Johnson Investment stated that her clients do not oppose the operation of the gravel pit but would like any permit granted be subject to some meaningful conditions. She asked that the height of the two dirt piles be reduced by a specific amount and by a specific date and an effective site barrier/screening be created like grass seed planted on the surface of the dirt piles and that at least two rows of trees be planted along the road in between the road and the dirt piles. Nies stated that anything that is going to be done to the piles is going to make a bigger problem than it currently is and he cautioned the Committee about being careful when it comes to what the aesthetics are of a gravel pit. He suggested taking the top off the piles so that it doesn’t appear like a mound. When asked what the dirt piles are to be used for, Story stated the piles will be used to reclaim the pit. The height of the piles were discussed and how much should be taken off the top. It was decided that the tops of the piles be reduced by a maximum of 10 feet, with a completion date of June 15th and planting to be done immediately after reshaping the mounds by no later than August 1st. Zillmer spoke on how the application was published regarding the difference in operators and suggested the Committee postpone until next month to reflect the “new” permit application. Attorney Duffy advised the Committee that a new application should be published reflecting the new operator. Discussion was held and it was Attorney Duffy’s recommendation that a new application for a new gravel pit be published and brought back to the Committee next month (March) and that the application before the board should be denied. Motion by Gundersen, second by Bassett to deny the application for renewal because the original permit had expired. Gundersen stated that by denying the application, the Committee is trying to be procedurally correct and he asks that Olynick submit something detailing what they will be doing to the piles, regarding cutting them back, seeding, planting and a timeline. If this satisfies all parties, than there shouldn’t be a problem when the application comes back to them in March. Duffy stated that from a policy standpoint, the Committee has allowed renewals that have expired 30 – 90 days to continue, but this permit renewal was 15 months late. Discussion was held on the 60 days that was given to the applicant by the Committee in December 2011 but even at that time, the permit had already been expired. Motion carried with a 3-0 vote. Johnson voted no, Zietlow abstained. Findings of Fact: Application for renewal was not timely filed.
Olson did some calculating during the discussion and mentioned that by removing 10 feet off the top of the piles, it calculates to over 7,000 yards, so he suggested that the Committee may want to think about what is a reasonable amount. He also suggested that seeding with an annual rye will prevent the wind from blowing the dust from the piles but does not have a large root mass when it comes time to use it for reclamation.
Dick Dewhurst spoke on behalf of the Town of Hayward’s Planning Commission regarding a proposed rezone that will come before the Committee in March which is a request to rezone a residential area to agricultural two. His concern was not being able to restrict the application to one specific use. Discussion was held and Dewhurst was advised by Duffy that conditional rezones are allowed in certain instances.
Linda Zillmer spoke regarding the changes that were made to the F-1 zone district and the Special Use permit with regards to the law enforcement discussion held at County Board.
Motion by Gundersen, second by Johnson to adjourn. Motion carried.
Minutes prepared by Cindy Yackley