Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/4/2007 10:18:22 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

19 JANUARY 2007

 

Zoning Committee = ZC

JB = James Bassett, Chairman

BM = Bruce Miller, Vice-Chairman

KM = Kathy McCoy

AM = Arlene Mizerka

FZ = Fred Zietlow

DM = Doug Mrotek, 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, KM, AM, FZ. 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 27, 2006 and January 3, 2007.

 

REZONE APPLICATIONS

1)  Town of Bass Lake – Sawyer County Housing Authority. Part of the NW¼ NW¼, S 4, T 40N, R 9W; Parcels 2202 and 2215.  Document #328117 and #340553; CSM Vol 28 Page 228. Approx. 3.38 acres. Change from District Commercial One to District Residential One. Purpose of request is for the construction of duplexes. The Town Board has denied the application. This application has been tabled from the November public hearing. The applicant requests the application be postponed until the June 2007 public hearing.

JB motions to table to June as requested.

AM seconds motion.

Unanimous vote.

 

2)  Town of Hayward – Craig, Richard and Norman Cooper. The W½ of the NW¼ NE¼, S 13, T 41N, R 9W, Parcels 1202 and 1203. Vol 638 Records Page 338. 20 acres total. Change from District Agricultural One to District Residential/Recreational One. Purpose of request is to create residential lots for family members. This application has been postponed from the November public hearing. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Four (4) letters were sent. 1 was returned with no objections; 1 with objections. County Airport Committee has objections. Craig Cooper present, wants 6 buildable lots for his kids & grandchildren. He is willing to trade equal property to county, valuable property. County apparently not interested.

Summary Agenda

Zoning Committee

PH: 19 January 2007

3 acre lots vs 4 acre lots. Craig Cooper is sole owner of property since November 1. Discussion of airport issues and expansion, public safety. Cooper: Construction of homes on these lots is down the road, in the future, not right away. Linda Zillmer: Property is zoned to be able to be split up. ZC interfering with property rights.

FZ motions to deny.

JB seconds motion.

Discussion: KM asks AM if Hayward Planning Commission heard the application. Lots of discussion held on it at town level, basically town had no reason to deny. KM asks Cooper if he would object to having a condition placed stating no further lot divisions. Cooper agrees. FZ: This property is in direct line with the runway. It’s not a good place for residential development. Safety and noise factors. BM, as chairman of Airport Committee, has heard many hours on this issue. He would go along with approval if limited to 6 lots and no further subdivision of lots.

Motion to deny fails. (FZ and JB for denial; KM, AM, BM not for denial)

KM motions to approve with the stipulation that there are no more than 6 total lots and no more division of those lots.

AM seconds.

Motion carries.

FZ still feels this will present extreme health, safety and public welfare issues.

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.

 

3)  Town of Round Lake – Roger E. Winters et al, dba Louie’s Landing Resort/Bar. Part of the SW¼ SE¼, S 14, T 41N, R 6W, Part of Parcel .15.1, lying northerly and westerly of Louie’s Landing Road. Vol 772 Records Page 489. Approx. 12 acres. Change from District Forestry One to District Residential/Recreational Two. Purpose of request is to conform with the present residential/recreational use and the adjoining zone district. The Town Board has tabled the application and requests ZC table.

BM motions to table to next month.

AM seconds motion.

Unanimous vote.

 

4)  Town of Round Lake – S&N The Oaks LLC, c/o Fred Scheer. The SE¼ SE¼, S 30 T 41N, R 7W, Parcel .16.1, excepting the wetlands as indicated on the Wetland Inventory Map. Doc #340603. Approx 25 acres to be rezoned out of the total 40 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is to create 14 lots for residential use. In October the Town Board tabled the application. This application has been tabled from the December public hearing. The Town Board has now denied the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Ten (10) letters were sent. 2 were returned with no objections; 1 with objections. 14 additional letters were received from outside the 300’ notification area. 18 requests for environmental study. Scheer present, amended original proposal from 14 lots to 10 lots. That proposal went to the Town Board. He addresses TB comments. Says that opposition comes from persons who own much smaller lots. Not spot zoning, in area of residential uses. Feels the impact on the property would be less than in the Forestry zone. Less impact on ecology also. The Round Lake Management Plan lists this area as residential use. He passes out copies of the covenants he developed. They will be referred to with the deed. Would not have a problem writing deed restrictions. Scheer reads some of the covenants out loud. He feels he’s exceeded all recommendations by Planning Committee, Town Board, and County, in protecting wetlands. KM was on the property, took pictures. There are many channels, massive

Summary Agenda

Zoning Committee

PH: 19 January 2007

wetland area. Wetlands to be impacted by number of boats wanting to get to Lovejoy Lake. Major impact on the wetlands. Dustin Beckwith, landowner directly to the north, would rather see this proposal approved with restrictions than left as F-1 with no restrictions to impact the area. Linda Zillmer supports the arguments that have been made. Opposed: Bill O’Brien comments on the terrain. Richard Theder speaks on terrain, marshy area in the middle of it. Wishes everyone could walk the property. Bart Gratzmacher: There is a dominant wetland in the middle of the property. There will be a 15 acre parcel that would be left after subdividing. Wants to know what the ownership of it would be. Has been in marsh area on a jet ski from Lovejoy. Howard Marsh lives on Blue Island Road: Who would enforce deed restrictions? With more and more development more and more of marsh would be opened up by motorboats and jet skis. Fred Bathke, property owner since 1980 comments on articles from Hayward paper. He asks ZC to deny request. Dale Olson, county L&WConservation Dept. comments on BM’s question of how much of this property is a filter to Lovejoy Lake and what his thoughts on the development’s impact would be. JB: This issue is comparable to the Osprey Lake development. Walkways and docks are discussed. Scheer rebuttal: Willing to add a 9th restriction to prohibit docks. The bulk of water channels don’t come up to property lot lines. The isolated wetland within the property is about 1 acre in size. Would work with the topography. KM would like to see no fertilizer use and no docks or walkways added to restrictions. She’s very concerned about the wetlands. Isn’t sure residential development is appropriate around wetlands. Not sure it’s the best use for the property. Asks if Scheer would consider reducing to 8 lots. 5 minute break while Scheer confers with partners. Scheer feels they have met the criteria but willing to go to 8 lots and increase the shoreland buffer to 50’. KM asks if he’d agree to decrease 1 lot from fronting on wetlands. Scheer agrees to 6 on water, 8 lots total. FZ: Would require a county plat. JB would like to send back to Town Board since many changes have been made today to the initial application. KM: TB has been torn, not sure if TB would want to see it back.

FZ motions to approve as amended: With all covenants; 8 lots total, 6 on water; no fertilizer use; no dock or walkways; maintain 50’ buffer.

BM seconds motion.

JB votes no.

Motion carries.

Findings of Fact: It would be compatible with surrounding uses and the area. It would not be detrimental to ecology, wildlife, wetlands or shorelands.

 

5)  Town of Weirgor – Secluded Land Company, LLC. Part of Govt Lot 2, lying south and east of the Chippewa and Brunet Rivers. S 24, T 37N, R 7W, Part of Parcel 5201. Vol 564 Records Page 389, Doc #331912. 38.59 acres. Change from District Agricultural One to District Agricultural Two. Purpose of request is for the development of 5 acre rural home sites. The Town Board has approved.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Six (6) letters were sent. 1 was returned with no objection; 1 with objections. Kenny Meyer representing Secluded Land Co., not trying to increase the density, would like to eliminate the procedure of applying for CUP. Homes allowed in A-2 with LUP. Linda Zillmer objects to rezone, would like to maintain the process of CUP.

KM motions to deny.

BM seconds motion.

Unanimous vote.

Findings of Fact: The surrounding area is all A-1. There is no reason to change zone district other than to circumvent the CUP application process.

 

Summary Agenda

Zoning Committee

PH: 19 January 2007

CONDITIONAL USES

1)  Town of Lenroot – Fred C. Scheer. Lot 39, being Part of the SW¼ NW¼, S 7, T 41N, R 8W, Parcel .7.4. Vol 842 Records Page 575; CSM Vol 27 Page 39. 6.53 acres. Property is zoned Agricultural One. Permit is desired for the construction of a single family dwelling, owner not being engaged in agricultural activities. The Town Board has denied. This application has been tabled from the September 2006 public hearing to allow the applicant time to apply for a change of zone district instead of conditional use by the January public hearing. The applicant has requested this CUP application be withdrawn and the application for change in zone district will be heard in February.

JB motions to approve withdrawal.

KM seconds motion.

Unanimous vote.

 

2)  Town of Radisson – Joseph Ince et ux. The E½ of the NW¼ NW¼, S 31, T 38N, R 6W, Parcel 2203. Doc #339759. 20 acres total. Property is zoned Agricultural One. Permit is desired for the construction of a single family dwelling, owner not being engaged in agricultural activities. 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) letters were sent out. 3 were returned with no objections. Ince present, wants to put up a cabin, have horses. Not a primary residence, comes up on weekends, holidays, with horses. For retirement. AM motions to approve the application.

KM seconds motion.

Unanimous vote.

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.

 

NEW BUSINESS

1)   Pipeline expansion – Is the utility exempt from local control? TJ: Nothing found that exempts the project from county oversight of expansion beyond previously deeded easements. CUP will be required for approx. 7 properties. Enbridge Energy LP will need to apply, zoning will consider it 1 application.

2)   Surveying county for non-conforming uses – Statute 59.69(10)(3)(d) exempts counties from having to do this. Corp. Counsel proposes adding statute wording to zoning ordinance. Zillmer asks ZC to read non-conformity report issued by Center for Land Use Education to understand where it is required.

3)   Sec 4.26, accessory uses and structures – WAC explains area variances and use variances. BOA hears area variances. Accessory structures on vacant property should really be heard by ZC because that is a use variance. Proposes requiring CUP instead. BOA reviewing to discuss at February meeting.

4)   Evaluating and prioritizing zoning activities – WAC distributes packet. Functions are mandated by state or county. KM asks this to be put back on agenda for March. Zillmer asks about monumenting corners, overseen by the Land Records/Surveyor Dept. and asks about number of ag-zoned properties.

5)   DOT quitclaim deed to Sawyer County – Sawyer County Surveyor looking at it.

6)   Swanson-Brauer hearing date – Friday,  May 25, 2007 at 9:00 AM

7)   Workshop for Zoning Committee – Setting date, possibly last week in March.

8)   Public contact on hearing issues with ZC members – An excerpt is read from BOA handbook. ZC not to discuss cases before public hearing.

9)   Zoning to order tape of Wisline coming up Jan. 30.

10)  Northland College students interested in working on lake survey in 2008. WAC will check with college to see if there are grants for this.

11)  WAC will be attending WI Towns Assoc. meeting, will speak on amendment procedures.

 

Summary Agenda

Zoning Committee

PH: 19 January 2007

12)  Leonard Eckerly, Town of Hunter Supervisor says town is having problems with a sign that is encroaching on Cty. Hwy. B r-o-w. This is not a zoning issue. The sign is a grandfathered sign.

13)  WAC reminds ZC of Wind Energy meeting Monday, Jan. 22, 5:30PM, courtroom.

14)  Vouchers

BM motions to approve.

JB seconds.

Unanimous vote.

 

CLOSED SESSION

BM motions to break for 5 minutes and reconvene in closed session.

JB seconds motion.

Unanimous vote.

 

BM motions to return to open session.

JB seconds motion.

Unanimous vote.

 

COMMUNICATIONS AND MISCELLANEOUS

1)      Next Zoning Committee regular meeting scheduled for February 16, 2007, at 8:30 AM.

 

ADJOURNMENT

BM motions to adjourn.

JB seconds motion.

Unanimous vote.
 

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

            WMS, DNR – 1;                       County Clerk – 1;

            Corp. Counsel – 1;                    NABA – 1;

Summary prepared by KT (January 24, 2007)