Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/3/2007 8:33:47 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

21 JANUARY 2005

 

Zoning Committee = ZC

JB = James Bassett, Chairman

BM = Bruce Miller, Vice-Chairman

BV = Bill Voight

EG = Elgin Gunderson

KM = Kathy McCoy

AM = Arlene Mizerka, Alternate

 

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, BM, BV, KM, AM. EG absent. Corporate Counsel present.

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 January 5 and 12, 2005.

 

REZONE APPLICATIONS

1)  Town of Lenroot – Fred C. Scheer. Part of the SW¼ SE¼, S 6, and Part of the NW¼ NE¼ and Part of the NE¼ NW¼, S 7, all in T 41N, R 8W, Parcel 4301 and Part of Parcels 1203 and 2101. Vol 813 Records Page 422, Vol 842 Records Page 575. Approximately 66 acres. Change from District Forestry One and Agricultural One to District Residential/Recreational One. Purpose of request is for the creation of residential lots. The Town Board has approved.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Seven (7) opinion letters sent out. 2 were returned with no objections 2. Letters also from Dave Kafura of DNR and Northern Environmental. Scheer present, proposed application has more flexibility. Proposed 17 lots, and open/green space, wetland areas. Roads will be built to town specs, 66’ wide. KM asks about driveway, easement shown on map states 33’. Scheer: Easement in question is a driveway easement. Discussion of conditions of town and Northern Environmental letter. Scheer: DNR concerns have been addressed; all lots are buildable and have restrictive convenants, all have building sites. Will build majority of homes himself. Wetlands are very distinct.

BV motions to approve the application with the following conditions, those requested by the Town Board: 1. Applicant must present final plat to Town for approval. 2. Applicant must adhere to the Town of Lenroot Subdivision and Plat Ordinance and the Town of Lenroot Highway or Road Ordinance. 3. The Town Board requests to see the stormwater management plan.

AM seconds motion.

Motion carries.

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

 

CONDITIONAL USE APPLICATIONS

1)  Town of Bass Lake – Northwoods Mennonite Church. Part of the NE¼ NE¼, S 36, T 40N, R 9W, Parcel .1.6. Vol 257 Records Page 160. 4.77 acres. Property is zoned Residential/Recreational One. Permit is desired to locate a small, fenced cemetery on the grounds of an existing church. The Town Board has tabled the application. The application was tabled from the December Public Hearing.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Decision reached between town and applicant regarding abandonment. Nine(9) letters sent. 6 were returned with no objection. WAC: Ordinance allows cemeteries only in A-1. Property is zoned RR-1 and is too small to rezone to A-1. Does not meet Town Board plan. Pete Sanders, Bass Lake Chairman: Applicant has agreed to cevelop cemetery assoc. Town is satisfied with the agreement. Parcel is large, cemetery to be on back side of parcel. Town Board has no problem, since assoc. will handle care of it. This is the first step, statute requirements need to be addressed. Ward Winton is attorney for church. BM asks Corp. Counsel if ZC could approve based on current zoning ordinance. TJ: No. Sanders asks that if a rezone is needed that no other public hearing fees be charged. Martin not present, no representative.

BM motions to table until February for Mr. Martin to attend to answer questions.

KM seconds motion.

Unanimous vote.

 

2)  Town of Hayward – Ronald Stuhr. Part of the SW¼ SE¼, S 14, T 41N, R 9W, Parcel 4303. #325735. .73 acres. Property is zoned Residential/Recreational One. Permit is desired for the location/operation of a tattoo and piercing business within an existing structure, operating by appointment only. The City of Hayward deferred its decision to the Hayward Town Board. The Town Board has denied the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Four (4) opinion letters sent out. 3 were returned with objections. Stuhr present, gives background, says hours would be part time, 3-8PM during the week, one client at a time by appointment only. Biohazard disposed of according to law. Will meet all standards of Health Dept. Would be willing to do conditional use on a yearly babis. No signs placed. Would advertise that it is by appointment only. No biker hangout or gangs. Opposed: Larry Walters asks times of hours. Mentions property values. Plans on selling properties. Concerned about a big sign. Wayne Williamson: Doesn’t feel it is harmonious with area. Residential traffic, parking. BV asks about parking. Stuhr: Has parking area, one person at a time only, by appointment, no walk-ins, no parking to be on Hospital Rd., has no neighbors.

JB motions to deny.

KM seconds motion.

KM asks those in audience if those who were in objection still object if it was some other kind of business. 2 say it is a residential area. Parking & traffic concerns. AM: With a 1 year conditional use it could be revoked if problems arise. Hours discussed. Stuhr: 3-8PM during the week, 10-10PM on Saturday. JB: does not conform with Town Board land use plan. KM agrees. BM doesn’t want to go against Town Board, wants to table.

JB withdraws motion, KM withdraws second.

BM motions to table and send the application back to the Town for further review.

Unanimous vote.

3)  Town of Winter – Town of Winter, Hwy. 70 pit. The SW¼ NE¼ and NW¼ SE¼, S 28, T 39N, R 5W, Parcels .3.1,.3.2,.14.1,.14.2,.15.5. Vol 596 Records Page 325. 92.79 acres total. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of Condtional Use Permit #96-020 for a non-metallic mineral extraction that was approved at public hearing November 15, 1996 and renewed September 21, 2001. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Ten (10) opinion letters sent out. 4 were returned no objections; 1 with objections. BV attended town meeting, town needs this pit. Wayne Geist, Town of Winter Chairman, would like to see this approved.

BV motions to approve the application with all conditions as placed originally and: 1. Runoff must be controlled. 2. A 500’ setback must be kept from eagles’ nest. 3. Hours of operation: 7AM-7PM, M-F, May to August for rock crusher and bituminous plant.

AM seconds motion.

Unanimous vote.

Findings of Fact: It would not be detrimental to ecology, wildlife, wetlands, or shorelands. It would not create an air quality, water supply, or pollution problem. It would not destroy prime agricultural lands. It would be compatible with the surrounding uses and the area.

 

NEW BUSINESS AND POLICY ISSUES (not in same order as agenda)

1)  Gene Mittlestadt – Continued use of mobile home in RV park. It is a “park model.” Discusses letters sent to ZC and shows photo. Asking for reconsideration. JB: Read letters, was in favor. Jack Eiche, neighbor: Had no objection when Mittlestadt applied for CU for RV park, objects to park model in RV park, supports ZC decision to remove. Daryl Koch: Devalued his property. CU states clearly no mobile homes in the park. No question that it’s a mobile home. It was constructed as a mobile home. Asking for the mobile home to be removed in conformance with the ZC decision. Removal date was 30 days originally.

BM motions to set removal date at May 15, 2005.

AM seconds motion.

Unanimous vote.

2)  Secluded Land Co. lot division – Joe Maki, representing. WAC: ZC approved lots with specific lot size and acreage, survey was conducted, lots didn’t meet those dimensions, asking to approve new lots. Town of Bass Lake Board approved.

BM motions to approve the lots and renumbering as approved by Town Board.

KM seconds motion.

Unanimous vote.

3)  Donald Bong, cars on property – Bong reads a statement to ZC, feels he’s being harassed, has complied with all rules and regulations set forth by zoning, has placed fence. WAC: This was discussed before, zoning proposing an amendment for conditional use permit. Bong submitted a LUP, zoning has not issued. Bong asks to withdraw the LUP, feels he’s complied. Pete Sanders, Bass Lake Chairman: Town Board recognized that the ordinance needs review but the testimony Bong is giving to ZC is in error. Vehicles sitting on structures that have not moved for a long time. Evidence that vehicles are on other people’s property. Disagrees with WAC that there is proper screening. Suggests that Bong show evidence that he is in compliance or that his statements are correct. Review ordinance and reconsider in terms of screening. Not properly screened. Bong has been cited by Town Board. Discussion of ordinance restrictions. Phil Nies, Bass Lake Supervisor: Problem for a number of years. Property is a junk yard. WAC: If Bong is factual, he is in compliance. Sanders: Town wants adequate screening, for ZC to review current ordinance and modify. This has been going on for 10 years.

BM doesn’t see that Bong is in compliance, 1 vehicle on possible town r-o-w others are on Don Thorp’s property, asks about LUP. WAC: Doesn’t need one now. There are not 12 antique vehicles on Bong’s property. Reads state definition of antique vehicle. BM: Salvage yard? WAC: No indication of a salvage yard. Bong asks to change ordinance to make it more clear.

KM motions that if zoning finds Bong is not in compliance, a citation is to be issued on the spot and look into revising the ordinance.

AM seconds motion.

Sanders asks for improving the fencing around the property as well as reviewing the ordinance.

KM adds this recommendation to the motion.

AM seconds motion.

Motion carries.

 

CLOSED SESSION

KM motions to go into closed session at 11:50.

BV seconds motion.

JB, BM, KM, BV, AM all vote to go into closed session.

 

BV motions to adjourn from closed session into open session.

BM seconds motion.

Unanimous vote.

4)  Antique vehichles amendment – WAC reads proposal and explains, ordinance doesn’t define antique vehicles. Comments from Mark Eby, Woodland Wheels Club. KM doesn’t feel the proposed amendment addresses the problem zoning is having. Corp. Counsel suggests WAC go on the web to see if someone else has an ordinance to address the issues. WAC reads 341.266 state statutes: Special interest vehicles, sheriff’s dept. to enforce. Comments from Steve Hammerel. Greg Baumgart: Define a finished vehicle and unfinished vehicle “under construction.” Dorothy Brueggen’s issue is time limit, wants adequate screening. BM: See what other counties have in their ordinances.

KM motions to table until March.

AM seconds motion.

Motion carries.  (Will be on agenda at second meeting in March.)

 

SUBDIVISION ORDINANCE

CY distributes 12/17/04 and 1/19/05 versions, WAC goes through each page of changes. Discussion of condo review, parks and open space. BM would to see any property sold require a CSM. Discussion of roads and access to lakes. Sanders: Cost analysis on effect of these rules on property owners and on impact on county departments. KM feels ordinance should go back to the towns for their review and input before adoption.

BM motions to table to second meeting in March

JB seconds motion.

Motion carries.

 

NEW BUSINESS AND POLICY

5)  Robert Swanson CU appeal – ZC representation: WAC: Does ZC want Attorney, Cliff Stoner to represent at $165 per hour. BM: Personnel committee should look at full time counsel for county.

BM motions to have Stoner as attorney for ZC representation as he was the attorney representing at 2 of the meetings and is familiar.

KM seconds motion.

Motion carries.

 

6)   Abandoned sign amendment

KM motions to table until EG is present.

BM seconds motion.

Motion carries.

7)  RR-1 and RR-2 use amendment – Conditional use changes

BM motions to go forward to public hearing.

KM seconds motion.

Motion carried.

8)  Vouchers

BM motions to approve.

BV seconds motion.

Motion carries.

9)  Mickelson property zone district – Pete Sanders gives background. Bass Lake Board sent letter to zoning from previous town officials that property was never zoned commercial, doesn’t fit into smart growth plan. WAC: Letter stating that was written to owner. Sanders: Property was sold as residential. KM: Cannot change someone’s property’s zone district without their approval. Town to contact the property owner and see what they want to do.

KM motions that if owner wants to rezone back to RR-1 the fee will be waived.

AM seconds motion.

Motion carries.

10) Use of mobile homes as storage buildings – WAC: Requests have been made. ZC agrees that if they are existing, let them stay, no moving on.

11) Jeffrey Miles CU appeal – Sent back to ZC to reconsider, will be on agenda in March.

12) Re-division of a platted subdivision – WAC shows survey and plat maps and gives background. Lydia Toogood is owner and has property for sale. WAC draws example on board and explains. ZC asks CY for her interpretation. ZC feels it is OK to create using existing lot lines.

 

COMMUNICATIONS AND MISCELLANEOUS

1)      Next Zoning Committee regular meeting scheduled for February 18, 2005, at 9:00 AM.

 

ADJOURNMENT

BV motions to adjourn.

BM seconds motion.

Motion carried.

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

            County Clerk – 1;                      Corp. Counsel – 1;                    NABA – 1

Summary Prepared by KT (January 25, 2005)