Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/3/2007 11:25:09 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

20 JANUARY 2006

 

Zoning Committee = ZC

JB = James Bassett, Chairman

BM = Bruce Miller, Vice-Chairman

BV = Bill Voight

KM = Kathy McCoy

AM = Arlene Mizerka

TL = Tom Lacapa, 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: JB, BM, BV, KM, AM. TL absent.  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 December 28, 2005 and January 4, 2006.

 

REZONE APPLICATIONS

1)  Town of Sand Lake – Johnson Timber Corp. and Futurewood Corp., c/o Phillip Johnson. Part of Govt Lots 1&2 and Part of the NW¼ NE¼, S 14, T 38N, R 9W; Parcels :1.1, :1.2, :2.6, :2.8, .2.2, .2.3, .2.4, .2.5, .2.6. Vol 502 Records Page 423 and Doc #328362; CSM Vol 13 Page 58 and Vol 13 Page 74. 145.43 acres total. Change from District Agricultural One and Residential/Recreational One to District Residential/Recreational Two. Purpose of request is to create a campground. Also, application made for Conditional Use. The Town Board has approved both applications.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) opinion letters sent. None were returned. WAC reads Sand Lake Planning Committee recommendation and e-mail from property owner outside 300’. Mike Van Gilder, Cooper Engineering, has a proposed layout of the property. Onsite septic and water. Application is for the northern portion of Summit Lake, wilderness campsites. KM asks about concrete or gravel base for sites. William Johnson: At least gravel. Agreed that if campground is never developed no parcel to be created that is less than 5 acres. KM asks about town ordinance of non-motorized lake. Johnson: Lake is too small for motorized boats. BM asks about trespass on tribal property. Johnson: The trespass happens mostly during deer seson, not his people. He is willing to put up signs stating no trespass. Has also bermed up area to show lot lines. Assures that the project will be first class.

BV motions to approve the rezone application with the restriction that any lots developed in this area be at least 5 acres in size.

AM seconds motion.

Summary Agenda

Zoning Committee

PH: 20 January 2006

Unanimous vote.

Findings of Fact: It would not be damaging to the rights of others or property values. It would be compatible with the Town of Sand Lake Comprehensive plan.

 

Application for Conditional Use:

Johnson asks ZC to consider if they ever sell, he would like CUP to be able to go to new owner. Discussion held. KM would like to see a condition of no motorized watercraft on Summit Lake. AM: And not to exceed 80 campsites. Johnson says they are currently below 80. 80 sites were a rough draft. Approximate number of sites. Could possibly be more. Through discussion he asks if they can table the CUP to give them time to develop a more accurate plan with accurate number of camping sites. TJ suggests approving the CUP application with a tentative approval of CUP for 80 sites.

JB motions to approve CUP, Johnson to come back at a later date.

No second, motion dies.

KM motions to approve the Conditional Use application with restrictions: 1. Not to exceed 100 sites. 2. Grant the option to come back at a later date to amend the CUP for more sites. 3. Campground is not to allow any gas-motorized watercraft (would have to work with the Town Board on this).

AM seconds motion.

Motion carries.

Findings of Fact: It would be compatible with the surrounding uses and the area. It would be in keeping with the Sand Lake plan.

Johnson to bring back finalized plan if the plan exceeds 100 campsites. Johnson states it will be a couple months before final plan is completed.

 

CONDITIONAL USES

1)  Town of Bass Lake – Steven W. Vortanz et ux. The west ½ of Lot 5 of Court Oreilles Park Subdivision, being part of Govt Lots 1&2, S 35, T 40N, R 9W; Parcel .5.2. Vol 560 Records Page 198. .321 acres (approximately 13,983 square feet). Property is zoned Residential/Recreational One. Permit is desired for access to Durphee Lake, a Class 2 lake, for Lots 5&6 of 2nd Addition Court Oreilles Park. The lake access lot would be substandard in size, contains wetlands, and has not been under continuous ownership with Lots 5&6 since June, 1995. The Town Board has denied the application.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Six (6) letters were sent out. 2 were returned with no objections. Vortanz present. Was asked to provide a sketch of wetlands. Approaches and passes out sketch. Wanted to have access to the lake for his off-lake lot. JB asks how Vortanz plans to allow people access to the lake with the wetlands that are there. Vortanz states possibly building a footbridge across the wetlands. Phil Nies, Town of Bass Lake Supervisor: Town has concerns. There are wetlands throughout the lot. Ecologically it is not good for the area and town. Town’s recommendation is to deny. Does not fit into the Town Plan. Discussion of lot size. BM asks if the lake lot is a legal lot. JB states it is legal because it was created prior to zoning and it grandfathers in.

BV motions to deny the application.

BM seconds motion.

JB states he has a hard time going against the Town’s decisions.

Unanimous vote.

Findings of Fact: It would be against the Town of Bass Lake comprehensive plan. It would be detrimental to ecology, wildlife, wetlands, or shore lands.

 

 

Summary Agenda

Zoning Committee

PH: 20 January 2006

2)  Town of Couderay – Sawyer County Highway Departmenty, c/o Gary Gedart. Part of the NW ¼  SE ¼ and the SW ¼ SE ¼, S 10, T 38N, R 8W, Parcels .14.1 and .15.1. Vol 517 Records Page 109. 80 acres total. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit #97-023 for the location/operation of a non-metallic mineral extraction including rock crusher and hot mix plant, which was approved at public hearing on December 19, 1997 and renewed August 16, 2002. Variance #03-013 denied the use of a rock crusher and asphalt plant within 1000 feet of a residence. The Town Board has tabled the application until the February Town Board meeting.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters were sent out. 4 were returned with objections. JB was given another opinion letter and forgot to bring it with him. Town Board would ask to table. Only 2 board members present that night. Would like a chance for full Town Board to meet. There are people in the audience wishing to speak against. Robert Hill, representing Sawyer County Hwy. Dept., states he was asked to attend, hasn’t got anything prepared. Approx. 10 acres of pit is open. Some has been reclaimed, area off of Chafer Road. Crusher: 6-7PM, 6 days a week, for 2 weeks at a time. Opposed: Didi Witnik 1. Feels it is an illegal operation operating without current permit, which had a renewal date of December. 2. Asphalt plant: High levels of dioxins. Refers to letter attached to opinion letter. 3. Rock crusher can’t meet the 1000’ setback. Rachel Birch wrote one of the opinion letters WAC read into record. Refers to pollution, health effects, dust, asthmatic attacks. 1000’ setback is law. Was under impression pit was not operational in last 3 years. BV: Everyone wants good roads. Good gravel costs money. Hauling costs are high as is. KM asks when gravel was last crushed. Hill: Spring of 2001.

BM motions to table to February to send back to Town for Town Board recommendation.

KM seconds motion.

Unanimous vote.

 

3)  Town of Lenroot – Vernon M. Gest et ux. (John H. Ahrens et ux, new owner) Lots 1-4, being Part of the SE ¼ SE ¼, S 20, T 42N, R 9W, Parcels .16.1 and .16.4. Vol 378 Records Page 207&388; CSM Vol 8 Page 38-39. 5.75 acres total. Property is zoned Residential/Recreational Two. Permit is desired for the location/operation of an 80-site campground by the purchaser. The Town Board has approved the application. The application has been postponed from the November 17 hearing.

WAC reads application into the record; also reads letter from adjoining property owner, Beverly Peterson, in objection. KM reads other opinion letters previously submitted as she was not present at the November meeting. John Ahrens present. Issue with lake access last November. WAC: 339’ of shoreline is not the same as frontage. There are 2 lots, 3 campsites per lot. 6 campsites per frontage. Ahrens still asking for 80-site campground, can possibly reconfigure two smaller lake lots. Discussion held on the front lots and number of sites he could have with a new configuration. TJ suggests ZC deny this application. Revise application and come back with new sketch with reduced amount of lots. Revising the plan is discussed. BM: Ahrens has 2 choices. The Committee can deny or table for Ahrens to reconfigure and bring back a new plan. Ahrens asks ZC if his new plan of maybe 60 sites will be rejected for some other reasons. BM: Committee can’t make a predicted answer.

BM motions to table to March.

JB seconds motion.

Unanimous vote.

Discussion held on republishing. WAC states it doesn’t need to be, only a decrease in number of lots. An unidentified audience member: Has driven 3 hours to come to the meeting. Doesn’t understand why it’s been tabled again. Same questions were asked in November public hearing. Nothing has changed. BM: ZC needs clarifications. KM requests testimony by opposition be heard today and if tabling stands it will be heard with new plan in March.

Summary Agenda

Zoning Committee

PH: 20 January 2006

Audience member wants Committee to understand, 26 opinion letters were sent out; 24 of them are in opposition. ZC should listen to the public.

[5 minute break, then JB calls meeting back to order.]

TJ tells ZC they already tabled the application with their previous motion and no testimony can be taken on something that’s already been acted on. A motion to reconsider could be made and it would take a majority of the committee to reconsider and allow the testimony.

BM motions to reconsider tabling the motion.

KM seconds motion.

Motion carries.

KM motions to allow testimony.

AM seconds motion.

BM: It’s a public hearing, no motion needed.

Opposed: 1. Mary Nelson, no comment. 2. Darwin Nelson: 26 letters sent out, 24 of those opposed. There is strong opposition. Proposal is right next to the dam. Buoys in front of this property. Opposed to campground as a whole, nothing to do with number of sites. Wetlands, not a good location for campground. BV: What really bothers him is that no one will be there to control. Operators would not live there on site. 3. Martha Dain, no comment. 4. Dwayne Peterson, no comment. 5. Beverly Peterson, owner of Nelson Lake Lodge: This property was recently rezoned for residential lots. The watershed goes through the middle of the land. 6. Jacke Eagan, part owner of cabin 15, hands out map of lodge/campground area on Nelson Lake. Huge bog was staked by DNR/Army Corp. of Engineers right in front of this property. Concerns of safety with the dam. Boat traffic is huge. Concerns of property values and pollution. Opposed to whole project. 7. Ken Franzmeier: All the property owners are against. Concerns of safety and traffic. 8. Chuck Block: Over-saturation of the lake destroys the lake.

BM motions to table to March.

KM seconds motion.

3-2 vote.

Motion carries to table to March 17, 2006.

 

4)  Town of Winter – Dale H. Lehmann. Lot 29, Block 1, 1st Addition Bauers Heights Subd., S 28, T 38N, R 3W, Parcel -3.29. Vol 429 Records Page 432. 0.58 acres. Property is zoned Residential/ Recreational One. Permit is desired for exceeding the impervious surface limitation of 15% to a total of 25%, by the construction of a 36’x40’ garage. Variance #05-037 was approved for a 33’ setback for this garage to the centerline of Johnson Road. The Town Board has approved the application.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters were sent out. 4 were returned with no objections. BV was on site. WAC distributes maps showing drainage. Lehmann present: Passes out impervious surface runoff information and explains the topography of the property. Downspouts were constructed on the house while being built to catch runoff. All runoff goes underground. Shows photos of the downspouts, which go into pvc pipe and into drywells. KM asks about runoff from Johnson Road and ditches. Also asks the distance of the drywells to the lake. Total impervious surface is 24.9% (garage and house). Lehmann asking for a kind of credit for his way he has handled the runoff then he’d have 11.7% of impervious and 15% with garage. BM: Garage could be built. Lehmann asking to pave driveway. Garage size is discussed. Lehmann asks again to pave driveway. JB: Impossible for ZC to approve more than 25%, ordinance doesn’t allow for exceeding that.

AM motions to approve garage to a total of 25% impervious surface.

BM seconds and commends Lehmann for the way he has addressed runoff and built.

Unanimous vote.

Summary Agenda

Zoning Committee

PH: 20 January 2006

Findings of Fact: It would not be damaging to the rights of others or property values. It would not be detrimental to ecology, wildlife, wetlands, or shorelands.

 

5)  Town of Winter – Karen A. Keating. Part of the SW ¼ NW ¼ and the SE ¼ NW ¼, excepting therefrom the wetlands as indicated on the Wetland Inventory Map, S 28, T 39N, R5W, Parcels .7.1 & .8.1. Vol 688 Records Page 265. Approximately 78 acres total. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit #00-023 for the location/operation of a non-metallic mineral extraction including a rock crusher, which was approved at public hearing on December 15, 2000. This renewal has excluded parcels -3101 and -3201, which were included in the original approval. A new reclamation plan and financial assurance will be required. The Town of Winter has tabled. The Village of Winter has approved.

BV and WAC have been on site. A portion of the pit has been sold. Application is for new location of new pit on property previously holding CUP. BM: Hours of operation seem long. Keating working with Land and Water Conservation Dept. on new reclamation plan and financial assurance.

KM motions to table to February and send back to Town with explanation and clarification of location of proposed pit location.

JB seconds motion.

Motion carries.

 

SPECIAL USE APPLICATIONS

None

 

NEW BUSINESS AND POLICY ISSUES

1)  Lot sizes and dimensions – TJ: ZC needs to take a stand on rectangle vs. non-rectangle lot dimensions. The current ordinance as written will be hard to argue in court. The issue is more properly decided with ZC, not BOA. ZC to take a stand one way or another. 4.417 combined with lot width, lot depth definitions is not clear. If rectangle lots are required, ordinance should be amended to say that.  Chuck Block: Surrounding counties don’t have the rectangle requirement. Phil Nies in favor of keeping current policy of requiring rectangle. Jason Nelson, Heart of the North surveyor, passes out a Bayfield County survey map. Bayfield does not require the rectangle. Nies suggests a committee to review the lot rectangle issue. Dan Ploeger, County Surveyor, agrees with TJ. There is no place in the ordinance where it says rectangle is required. TJ: Case law states past practice, past policy means nothing.

JB motions to place rectangle lots on agenda next month, also to continue the policy of requiring rectangles until a public hearing on it has been done.

No second, motion dies.

No action taken. To be put on agenda for February.

2)   Substandard parcels in A-1 created prior to zoning – ZC consensus is to deal with one at a time, individually. [JB leaves, BM acting Chair]. Linda Zillmer questions why this item wasn’t on web site. Media was informed of the agenda item. Web site was not updated. Zoning to work on this.

3)  Robert Warder survey requirement – WAC reads DNR letter requesting an extension for completing the survey map on the property they wish to obtain from Warder.

KM motions to extend to June 30, 2006.

AM seconds motion.

Motion carries.

4)  Special Events – WAC distributes Lincoln County’s section of ordinance on this. Table to February.

5)  Variance fees – Repeat of information presented at CB on variance fee increases.

6)  Spider Lake Zoning Ordinance – Info only, for CB approval. ZC received copies in advance.

7)  Surveyor meeting – February 23, 2006; 9AM-noon. ZC members may attend. Re: Subdivision Ord.

Summary Agenda

Zoning Committee

PH: 20 January 2006

8)  Out-of-county travel – Eric Wellauer for DNR/zoning/LWCD meeting.

AM motions to approve.

KM seconds motion.

Motion carries.

9)  Vouchers

BV motions to approve.

Motion seconded.

Motion carries.

 

COMMUNICATIONS AND MISCELLANEOUS

1)      Next Zoning Committee regular meeting scheduled for February 17, 2006, at 9:00 AM. 

ADJOURNMENT

KM motions to adjourn.

BV seconds motion.

pc:        Zoning Committee – 6;              County Board – 9;

            WMS, DNR – 1;                       County Clerk – 1;

            Corp. Counsel – 1;                    NABA – 1

Summary prepared by KT (January 25, 2006)
Motion carries.