Meeting Agendas & Minutes

Zoning Public Hearing

Last Updated 7/2/2007 2:21:47 PM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

16 JANUARY 2004

 

Zoning Committee = ZC

JB = James Bassett, Chairman

DT = Don Trettin, Vice-Chairman

FR = Frank Romnes

JH = John Hirschfeld

BM = Bruce Miller

 

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, DT, FR, JH, BM.

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 23, 2003 and January 7, 2004.

 

REZONE APPLICATIONS – Order of agenda items changed at hearing.

1)      Town of Bass Lake – Robert W. Bergum et al. Part of the NE¼ NE¼, S 7, T 40N, R 9W, Parcel .1.1, excepting therefrom the wetlands as indicated on the Wetland Inventory Map. Vol 756 Records Page 284. Approximately 18.25 acres to be rezoned out of the total 31.25 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is for the creation of four (4) residential homesites. The Town Board has approved the application with conditions.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Five (5) opinion letters sent. 1 returned with no objections. Letter from St. Croix National Scenic Riverway presented, giving Department of the Interior restrictions. Bergum present, will abide by the NPS and Town conditions.

BM motions to approve with the conditions of the National Park Service as stated in the letter of December 4, 2003 (attached); and with the conditions suggested by the Town of Bass Lake: 1. Only four lots, to be divided with one single family dwelling unit on each lot. 2. The lots are to be divided equally using the width of the parcel to Rohlf Rd. 3. A covenant to be placed on the deeds that the lots cannot be further subdivided or used for additional dwellings.

JH seconds motion.

Motion carried.

Findings of Fact of the Zoning Committee: It would not be damaging to the rights of others or property values. It would be compatible with the surrounding uses and the area and with the Town of Bass Lake comprehensive plan.

 

Summary Agenda

Zoning Committee

PH: 16 January 2004

2)  Town of Couderay – Part of Blocks 14, 15, 18, and 19, Ashegon Heights Subdivision, S 24, T 39N, R 8W, Parcels –1.14.65 through 86, -1.15.87 through 104, .1.18.149 through 162, and –1.19.163 through 183. Vol 75 Records Page 255. Pit area is east of an unnamed creek running north of Ashegon Lake, and north of Bag-Waki Drive, containing approximately 20 acres. Change from District Residential/Recreational One to District Forestry One. Purpose of request is for the location/operation of a non-metallic mineral extraction (sand and fill only). Said operation has existed pre-zoning. The Town Board has approved the application with conditions.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Twelve (12) opinion letters sent. 1 returned with no objections; 9 with objections. John Czarnecki, representing Sawyer County Hwy. Dept., present: Pit is being depleted, some material still left in there, County wants to haul out. All other areas around the pit have been reclaimed. DT asks why rezone to Forestry, it has been residential for many years. WAC: Not suitable for residential. Chester Seffinga in favor of pit, not a problem with it. Opposed: Dan Tyrolt, LCO Conservation, LCO members concerned about forest cutting and gravel pits. LCO has pits in the area. Concerned about the creek. JB: No digging has been done in the pit since NR 135 came into effect. Tyrolt will return to LCO and explain. FR: County owes the public by having a reclamation plan for this pit. BM agrees, could linger on for years.

DT motions to approve the application as follows: 1. Reclamation plan to be submitted within six months. 2. Town of Couderay to have the first opportunity to purchase the property from the County for the fair market value.

JH seconds motion.

Motion carried.

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

WAC: County Board should pass a resolution for all county pits requiring reclamation plans for them.

 

3)      Town of Draper – Patrick M. Weyer. Part of the NE¼ NE¼, S 5, T 39N, R 4W, Parcel .1.6, excepting therefrom the wetlands as indicated on the Wetland Inventory Map. Document #317312. Approximately 3.02 acres to be rezoned out of the total 4.46 acres. Change from District Forestry One to District Residential/Recreational One. Purpose of request is for the construction of a residence on a parcel less than 5 acres in size. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eleven (11) opinion letters sent. 5 returned with no objection; 2 with objections. Weyer present, wants to build cabin for hunting, on high ground above wetlands.

FR motions to approve the application.

DT seconds motion to approve.

Unanimous vote.

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

 

4)      Town of Edgewater – Ronald A. Zook et ux. A parcel of land located in the SE¼ NE¼, S 20, T 37N, R 9W, described as follows: The north 100' by 500' in depth, being Part of Parcel .4.4. 1.15 acres to be rezoned out of the total 23.14 acres. Change from District Agricultural One to District Residential/Recreational One. Purpose of request is for residential use of an existing structure on a parcel of land less than 5 acres in size. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eleven (11) opinion letters. 6 returned with no objection; 1 with objection. Zook present, building

Summary Agenda

Zoning Committee

PH: 16 January 2004

has existed for 10 years, currently a 2-car garage. Sewer and water to be installed, for family residence. 25'x44'. Setbacks discussed. Another home 150' to the south of this building.

BM motions to approve the application.

JH seconds motion to approve.

Unanimous vote.

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

5)      Town of Winter – David J. Post et ux. Part of the NW¼ NE¼, S 11, T 39N, R 5W, Parcel .2.6. Vol 843 Records Page 793. 4.13 acres total. Change from District Commercial One to District Residential/Recreational One. Purpose of request is for the construction of a single family residence, not being engaged in commercial activities. The Town Board has approved the application.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eleven (11) opinion letters sent. 5 returned with no objections. Post's letter of request to build a cabin read. Post present, tore down existing shack previously.

BM motions to approve the application.

JH seconds motion to approve.

Motion carried.

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

 

CONDITIONAL USE APPLICATIONS

1)      Town of Edgewater – Ronald M. Marcon et ux. The SE¼  SE¼, S 30, T 37N, R 9W, Parcel .16.1. Vol 245 Records Page 229. 38.09 acres. Property is zoned Agricultural One. Permit is desired for a three (3) year renewal of conditional use permit #88-017 for a non-metallic mineral extraction, including a rock crusher and hot mix plant, that was approved at public hearing July 15, 1988 and renewed on December 19, 1997 and January 19, 2001; operated by the lessee: The Kraemer Company. The Town Board has approved the application.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Eleven (11) letters sent. 2 were returned with no objection. Roger Osegard, Kraemer Co., nothing has changed. Cold mix, not hot mix. Some townships use their materials. Has reclamation plan.

JH motions to approve the application.

FR seconds motion to approve.

Motion carried.

Findings of Fact of the Zoning Committee: It would not be damaging to the rights of others or property values. 

SPECIAL USE
1)      Town of Bass Lake – Michael Kershaw

BM motions to approve.

FR seconds motion.

Motion carried.

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

Phil Nies asks that Special Uses in Bass Lake be sent to Town Board for review. CY explains why/how Special Use developed. Feb. agenda will include discussion of Special Uses in towns.

RECLAMATION PLANS

1)      Plum Creek Timberlands – Town of Winter. $1,253.00 financial assurance.

2)      Plum Creek Timberlands – Town of Ojibwa. $2,506.00 financial assurance.

FR motions to approve both.

DT seconds motion to approve.

Motion carried.

Summary Agenda

Zoning Committee

PH: 16 January 2004

Discussion of overdue reclamation plans and fees. Reclamation plans that were due in September, 2003: 1. Terry Strouf – Winter  2. Johnson Crushing & Trucking – Draper (submitted today). Financial assurance that is overdue: 1. Carl Ewert – Meadowbrook  2. Dennis Suzan – Radisson  3. Jack Harris – Hunter (cash presented, nothing in writing)

BM motions for WAC to write letters to these people and temporarily suspend CUP until fee is paid and cease and desist.

DT seconds motion.

Motion carried.

PROPOSED AMENDMENT TO THE SAWYER COUNTY CITATION ORDINANCE 89-1

Section 11.18 Onsite Waste Disposal Systems

Create: 6)Failure to submit a private sewage system certification form attesting that the system is in proper operating condition.

DEPOSIT: $50.00     COURT COSTS: $100.50     TOTAL: $150.50

ORDINANCE SECTIONS: Comm 83

This is for failure to return pumping card. Questions from audience about cycle of cards being sent and pumpers' reports.

BM motions to adopt the amendment.

DT seconds motion to adopt.

Motion carried.

ZONING POLICY ISSUES, ORDINANCE INTERPRETATION

AND COMMITTEE GUIDANCE FOR DEPARTMENT STAFF

1)      Revocation of permits for failure to pay reclamation fees – approved earlier.

2)      Employee evaluations – WAC will evaluate staff, ZC will evaluate WAC.

3)      Section 4.422(3) Impervious Surfaces between 300' and 1000' from OHM. 15% allowed, to increase to 30%, department approval required.

BM motions to approve wording.

JB seconds motion.

Motion carried.

4)      Fee for proposed ordinance amendment – no action taken.

5)      Conditional Use for Town parks – Town of Bass Lake purchasing property for park, questions if conditional use is a requirement. Phil Nies: Town interested in 4 parcels.

BM motions that Towns do not need a Conditional Use permit to create Town parks.

JH seconds motion.

Motion carried.

NEW BUSINESS

1)        2003 income and permit number summary presented by WAC.

2)        UDC compliance law – Some Towns already involved, now statewide enforcement. Of the 3 options offered by the state, ZC rejects the option of the county administering enforcement.

3)   Monthly vouchers

DT motions to approve.

BM seconds motion.

Motion carried.

4)  Out of county travel – DNR & Zoning meeting, 3&4, Park Falls

BM motions to approve travel and room reservation.

DT seconds motion to approve.

Motion carried.

 

 

Summary Agenda

Zoning Committee

PH: 16 January 2004

COMMUNICATIONS AND MISCELLANEOUS

1)  Next Zoning Committee regular meeting scheduled for February 20, 2004, at 9:00 AM.

 

ADJOURNMENT

BM motions to adjourn.

JB seconds motion.

Motion carried.

pc:           Zoning Committee , County Board – 1;

                WMS, DNR – 1;                   County Clerk – 1;

                County Departments – 23;            NABA – 1

Summary prepared by KT (January 20, 2004)