Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/3/2007 8:42:30 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

18 FEBRUARY 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. Corporation 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 26 and February 2, 2005.

 

REZONE APPLICATIONS

1)  Town of Bass Lake – Frances C. Maki. Part of Govt Lot 3, lying east of CTH E, S 1, T 40N, R 9W, Part of Parcel :3.1. Vol 551 Records Page 199, Vol 717 Records Page 165. 4.66 acres, excepting the wetlands as indicated on the Wetland Inventory Map. Change from District Forestry One to District Residential/Recreational One. Purpose of request is to conform with the surrounding zone district. A portion of this parcel is already zoned RR-1.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. The applicant has withdrawn the request.

BM motions to accept the withdrawal.

KM seconds motion.

Motion carries.

 

2)  Town of Bass Lake – Gayle Naegeli. Lots 1-4 and Lot 42, Block 1,  2nd Addition Abendpost Beach Subd., S 31, T 40N, R 8W, Parcel -14.1.1. #326062. .529 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is to operate a beauty salon within an existing structure. Said property does not meet the dimensional requirements of the Forestry One zone district. Also application for conditional use. The Town Board has approved.

 

WAC reads application & letters into the record; presents tax listers map, zone district map, and wetland map.  Thirteen (13) letters were sent. Four (4) were returned with no objections. Naegeli present.

BM motions to approve both applications.

KM seconds.

Motion carries.

BM makes revised motion to approve both applications with the condition that the approval is for Naegeli only.

KM seconds.

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. In compliance with the Town Board long range plans.

 

3)  Town of Hayward – Oak Shores LLC, c/o Cheryl Treland. Lots 3&4, being Part of Govt Lot 3, S 36, T 40N, R 8W, Parcels :3.14 and :3.15. Vol 722 Records Page 133; CSM Vol 16 Page 170. 1 acre total. Change from District Forestry One to District Residential/Recreational Two. Purpose of request is to conform with the zone district of an existing, platted condominium. This area is to be added to the condo plat for incidental uses allowed on condo property. Said condo was created by conditional use permit #04-015. Town Board has tabled.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. WAC explains background of lot creation and F-1 zone district changes. Treland present, shows zone districts on map. JB feels parking should be allowed. KM questions if this should be conditional use. Treland: No intention of paving area, property is clear cut, basically for boat trailer parking.  Corp. Counsel: There is no prohibition against parking in F-1, so the request is not necessary for that purpose. Donna Seddon, owns property within 300’ of Oak Shores. Property is not clear cut. Owns the corner, plans to build a home there. Would be an eyesore, traffic in and out. Not in the theme of the area, strongly objects. JB asks her if she understands that the way the ordinance is now the ZC can’t control parking on land. Counsel: Parking should be addressed in the ordinance. Jeff Homuth, Town of Hayward Chairman: Town has a nuisance ordinance that addresses parking of vehicles. ZC discusses whether this should be a public hearing item.

BM motions to not hear the application since the purpose does not exist.

BV seconds motion.

KM and AM vote no.

Motion carries.

BM suggests that if they want to come back later to rezone all 4 lots, no fee would be charged, encourages that all parking be done in compliance with the ordinance of the Town and is respectful and with a sense or spirit of working with the neighbors. KM: Screening if possible. Treland shows photos showing the property is already cut and trimmed around the whole property.

Findings of Fact: Nothing in the ordinance currently restricts parking or incidental uses of this property. Fee to be refunded.

 

4)  Town of Lenroot – Randall Warder et ux. Part of the S½ of the SW¼ NW¼, lying north and east of Mosquito Brook, S 7, T 41N, R 8W, Part of Parcel .7.2. Vol 384 Records Page 113. 200’x187’/265’ containing approximately 1 acre out of the total 21.32 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is for the construction of a single family dwelling. No Town Board meeting held for lack of quorum.

KM motions to table and send back to town.

JB seconds motion.

Motion carries.

 

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. Shannon Martin representing, willing to tie it to the real estate whoever owns the property and would be responsible for maintaining it. The town has not agreed, asks if ZC can approve pending the town’s approval? Phil Nies, Town of Bass Lake Supervisor: Town’s position is if the church could provide info to the town that would adequately provide care of the cemetery, the town would be willing to approve their request.

KM motions to approve contingent upon making it 5 acres.

BM seconds motion.

KM withdraws motion.

BM withdraws second.

Martin withdraws application.

BM motions to accept withdrawal.

KM seconds motion.

Motion carries.

Will need to come back with rezone to A-1 once agreement made with town.

 

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. Town’s denial stands. WAC reads town comments: 1. Does not meet Town Smart Growth Plan. 2. All letters received were negative. 3. Applicant stated he would take his business into town. BV: It’s unfortunate people can’t have home businesses. JB questions whether in or out of shorelands. WAC: Outside shorelands, ZC does not have authority to overturn a denial but ZC can change an approval. BM: Not happy with the decision; hands are tied.

BM motions to deny the application.

JB seconds motion.

BV votes no.

Motion carries.

Stuhr asks who he appeals to. BM: See an attorney.

Findings of Fact: It’s something we can’t change and the committee doesn’t have the authority to override the denial. [Note: Basis for denial later found to be in error. Will be on ZC March agenda.]

 

3)  Town of Hayward – Alan G. Fuller, dba Al Fuller Garage Door Co. Part of the SE ¼ SW ¼, S 21, T 41N, R 9W, Parcel .12.2. Vol 375 Records Page 513. 1.03 acres. Property is zoned Residential One. Permit is desired for the use of an existing accessory structure for temporary storage of garage doors ordered from the manufacturer pending installation on other properties. Town Board has approved.

 

 WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Ten (10) opinion letters sent out. 6 were returned with no objection; 1 with objection. Fuller present. AM asks him to point out location of property. Fuller indicates map is wrong. Different surrounding property owners would have to be notified. Tabled until April meeting, map to be redone and property owners notified.

 

4)  Town of Round Lake – Charles F. Massaro et ux. Part of the NE¼ NW¼ and Part of the SE¼ NW¼, S 2, T 41N, R 7W, Part of Parcels .5.1 and .8.1, excepting the west 200’ of the north 300’ of the proposed operating area. Vol 474 Records Page 284, Vol 803 Records Page 451. 3.79 acres out of the total 36.41 acres. Property is zoned Commercial One and Forestry One. Permit is desired for the three (3) year renewal of Condtional Use Permit #97-003 for a non-metallic mineral extraction, including a rock crusher, that was approved at public hearing January 17, 1997 and renewed February 15, 2002. 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) opinion letters sent out. 2 were returned no objections. Renewal letter of credit from Johnson Bank presented. Massaro present. Discussion of letter from Monarch Paving. This pit and Monarch’s share a lot line. Proposing eliminating buffer between, making one large pit. Massaro: It could be at least two years before the merge.

BM motions to approve the renewal.

KM seconds motion.

Motion carries.

BM motions that the letter of request for pit merge from Monarch to be sent to Round Lake for opinion and then put back on ZC agenda.

JB seconds motion.

Motion carries.

 

PROPOSED TEXT AMENDMENTS
9 out of 15 townships polled approved amendments to change some uses in zone districts, mainly regarding churches and cemeteries with conditional uses and parks and playgrounds. (Text on file in Zoning)

BM motions to approve and send on to County Board.

BV seconds motion.

Motion carries.

 
NEW BUSINESS AND POLICY ISSUES

1)  Dennis Peterson – Land use permit issues. Received LUP in 1995 for a home. States he returned to zoning a few days later to include a garage and paid $25 for permit. He recently started construction on the garage and received fines for building without permits. Wants a portion of money back. Shows copies of 1995 permit and some receipts. Peterson very upset.

KM motions to refund $100 charged as penalty for after-the-fact permit.

AM seconds motion.

Motion carries.

Peterson is handed a cash donation, courtesy of Johnson Timber Corp.

2)  2nd March meeting date – Agenda items to be listed.

AM motions to set date at April 1, 9:00 AM.

BM seconds motion.

Motion carries.

 

3)   Staff reclassifications – 2 requests

BM motions to approve and forward to Personnel Committee.

AM seconds motion.

Motion carries.

4)  Subdivision ordinance – Public hearing date set for April 1.

5)  Twin homes – WAC illustrates on board an example: Duplex with center of lot the common wall. Situation exists in Barron Co. in which these units are sold separately and lot divided to create substandard lots. LUP application to be revised to include indication of single family/multi family.

6)  Abandoned sign ordinance – Action encouraged by Elgin Gunderson, who is absent. Table to April 1.

7)  Shoreline Ordinance Revision – Distributed to ZC for review.

8)  Campground Revisions – Public hearing for this and shoreline revisions should be held together, possibly in a larger place.

BM motions to set meeting for May 27, 9:00 AM to no later than noon. Any other zoning issues that arise coule be heard.

KM seconds motion.

Motion carries.

9)  Part-time Clerk – Previously approved, hiring process to begin. WAC to conduct initial interview and selection of a few candidates for inteview by ZC in April, special meeting.

10) Town of Bass Lake, Northwoods Beach Zone Dist. – Phil Nies presents proposal. Question is whether Zoning would be receptive to creating a new zone district. ZC is in favor and Town can proceed.

11) Court Reporter at public hearings – WAC to discuss with JB as need arises.

12) Mindy Schultz – Animal in C-1 zone district. Keeping bull calf on C-1 property. For March agenda.

13) Vouchers

BM motions to approve.

BV seconds motion.

Motion carries.

 

COMMUNICATIONS AND MISCELLANEOUS

1)      Arrowhead transmission line opposed by county. ZC would require conditional use.

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

 

CLOSED SESSION

BV motions to go into closed session.

AM seconds motion.

Motion carries.

 

KM motions to adjourn from closed session into open session.

BM seconds motion.

Motion carries.

 

ADJOURNMENT

BM motions to adjourn.

KM 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 (February 22, 2005)