Meeting Agendas & Minutes

Zoning Committee

Last Updated 2/4/2008 11:16:46 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

18 JANUARY 2008

 

Zoning Committee = ZC

JB = James Bassett, Chairman

BM = Bruce Miller, Vice-Chairman

KM = Kathy McCoy

AM = Arlene Mizerka

FZ = Fred Zietlow

DS = Dale Schleeter, 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 at the Sawyer County Courthouse, Hayward, Wisconsin. Roll is called finding members present: JB, KM, FZ, AM. BM and DS 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 January 2 and 9, 2008.

 

REZONE APPLICATIONS

1)  Town of Hayward – Richard G. Langton et ux. Part of the NW 1/4 NE 1/4, S 30, T 41N, R9W; Parcel .2.1.  Volume 673 Records Page 169.  Property contains 9.99 acres. Change from District Residential/Recreational One to District Agricultural Two. Purpose of request is for keeping horses, by the purchaser. The Town of Hayward has approved the application with additional comments.

 

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Five (5) letters sent out. 2 were returned with no objections; 2 with objections. Langton present. Addresses the objections in the opinion letters. The purchaser wishes to keep horses. Closest neighbor’s home is over 200’ away. KM asks how many homes are in the area. Langton: About 7 homes. Only one can be seen. Applicant has owned property for about 7 years. It was RR-1 when they bought it. Pamela Schall, purchaser, asks if they wanted to have other animals other than horses would they need to come back to the ZC for approval. ZC states that TB placed condition for only 4 horses. Schall says no large animals, maybe some chickens. Dick Dewhurst, Town of Hayward Planning Committee: Committee didn’t want to rezone for anything other than horses. Didn’t think it was fair to neighbors. That’s why they placed the conditions.

KM motions to deny the application.

AM seconds motion.

AM: It’s really spot zoning. KM: There’s too much residential property. Not compatible with surrounding uses. FZ asks Langton if the property is mostly open or wooded. Langton: It’s all open field. The Town plan has that area for residential.

Summary Agenda

Zoning Committee

PH: 18 January 2008

Motion to deny carries.

Findings of Fact: It would not be compatible with surrounding uses and the area.

 

CONDITIONAL USE APPLICATIONS

1)  Town of Couderay – Charles W. Baker. The NE¼  NW ¼, and Part of the SE ¼ NW ¼, S 11, T 38N, R 8W, Parcels .5.1 and .8.1. Doc #328239, #328589, #331183. 67 total acres. Property is zoned Agricultural One. Purpose of request is for the three (3) year renewal of conditional use permit #03-003 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on January 17, 2003. The Couderay Village Board has approved the application with additional comments. The Town Board has approved.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Four (4) opinion letters were sent. None were returned. Baker present. Pit is a couple acres. Ship out 250-500 yards a year. WAC reads specifics from plan of operation.

AM motions to approve with the condition that the applicant comply with NR 135 and the Sawyer County Reclamation Ordinance.

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.

 

2)  Town of Lenroot – Sawyer County Forest; Town of Lenroot, lessee. The SW ¼  NW ¼ and the NW ¼ SW ¼, S 2; and the SE ¼ NE ¼ and the NE ¼ SE ¼, S 3; all in T 42N, R 9W; Parcels .7.1 and .10.1 in S 2 Parcels .4.1 and .13.1 in S 3. Vol 60 Records Page 191, Vol 63 Records Page 106.  Approximately 10 acres out of the total 160 acres. Property is zoned Forestry One. Purpose of request is for the three (3) year renewal of conditional use permit #96-018 for the location/operation of a non-metallic mineral extraction, including a rock crusher, by the operator, which was approved at public hearing on October 18, 1996, and renewed November 15, 2001 and September 17, 2004. The Town Board has approved the application.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. No opinion letters were sent. All surrounding property is county land. Dan Dums, Town of Lenroot Chairman: Good quality gravel.

FZ motions to approve with the condition that the applicant comply with NR 135 and the Sawyer County Reclamation Ordinance.

AM seconds motion.

Unanimous vote.

Findings of Fact: It would be compatible with surrounding uses and the area. It is essential to the Town of Lenroot.

 

3)  Town of Round Lake – Charles F. Massaro et ux. Part of the NE ¼ NW ¼, and Part of the SE ¼ NW ¼, 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. Approximately 6.9 out of the total 36.41 acres. Property is zoned Commercial One and Forestry One. Purpose of request is for the three (3) year renewal of conditional use permit #97-003 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on January 17, 1997 and renewed February 15, 2002 and February 18, 2005. The Town Board has approved the application.

 

 

Summary Agenda

Zoning Committee

PH: 18 January 2008

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Seven (7) letters were sent. 2 were returned with no objection; 1 with objections. Massaro present. Town of Spider Lake is crushing. He thinks that it’s almost exhausted. Would turn into reclamation. Running out of clay. All that’s there is pit run. Crushed gravel right now. Does not plan on crushing any more. The reclamation plan and time line are discussed.  

FZ motions to approve the application with the condition that the applicant comply with NR 135 and the Sawyer Co. Mining and Reclamation Ordinance.

JB seconds motion.

Motion carries.

Findings of Fact: It would be compatible with surrounding uses and the area. It is essential for Spider Lake.

 

4)  Town of Round Lake – Robert D. Thompson, dba Thompson’s Sand & Gravel, 77 Pit. Part of the NW 1/4 SW 1/4, S 12, T 41N, R 8W; Part of Parcel 10.1.  Volume 474 Records page 284.  3.79 acres out of the total 14.94 acres. Property is zoned Forestry One. Purpose of request is for the three (3) year renewal of conditional use permit #93-022 for the location/operation of a non-metallic mineral extraction which was approved at public hearing on December 18, 1992, and renewed January 16, 1998, April 20, 2001 and December 17, 2004. This application has been tabled from the December public hearing. The Town Board has approved the application with additional comments.

WAC reads application into the record; presents tax listers map, zone district map, and wetland map. Twelve (12) letters were sent. 2 were returned with no objection. Thompson present. Nothing to add. Discussion on demo materials in pit. By spring it will be gone.

FZ motions to approve the application with the conditions that the applicant comply with NR 135 and the Sawyer Co. Mining and Reclamation Ordinance and with the conditions placed by the Town of Round Lake: Concrete/rebar and any miscellaneous debris to be removed by December 1, 2008.

AM seconds motion.

Motion carries.

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

 

SPECIAL USE APPLICATIONS

None.

 

NEW BUSINESS

1)   Heart of the North, Kauffman survey, final county plat – Should map be a Sec. 236 state plat? ZC determines that no state plat is required. Lots meet requirements but need certification of dedication. Some question as to whether Town has reviewed.

KM motions that map must be submitted to Town prior to ZC approval.

AM seconds motion.

Unanimous vote.

3)   Northwest Regional Planning Commission – Sheldon Johnson. NWRPC previously requested Sawyer County input on zoning and sanitation issues for comprehensive plan. Johnson gives an overview of what has transpired so far and what’s to come in the future on the county plan. Discussion on surrounding counties’ involvement and grants. Where they are in the process. It will be a 20 year plan.

4)  Billboards and fees – WAC surveyed other counties’ fees: Lincoln County highest at $250, Vilas charges $100. WAC states sign ordinance needs to be looked at and revised. Every county is different. 1 structure – 1 sign. Definition of sign to be reveiwed. Several different sign configurations drawn on board. Not to exceed 300 sq ft.

Summary Agenda

Zoning Committee

PH: 18 January 2008

AM motions to change billboard fee to $250.

FZ seconds motion.

Unanimous vote.

5)  Staff training for ARCGIS – WAC proposes 10-noon possibly in March. Office closure to be posted as a newspaper notice, prior to the date.

KM motions to allow office to close.

JB seconds motion.

Unanimous vote.

6)  Prioritization of department services – WAC previously distributed info on mandates regarding zoning services. KM explains that the finance committee is looking to see how much departments are spending. Present an update or report on a quarterly basis to see where departments are in their budgets.

7)  Continued discussion of livestock issues – Linda Zillmer feels some smaller animals should be allowed in residential zone districts. And that A-1 And F-1 zones should be at least 40 acres. Discussion of possibly implementing a CUP. WAC to bring up at NWDZA’s meting to see how other counties handle livestock in the residential zone districts.

2)  Sale or exchange of land between adjacent property owners – Different land division scenarios brought up. When would a survey be required? Zoning having difficulty in reviewing some maps. Asking for guidance and how to interpret that section in the ordinance. Plat Review was contacted and they submitted copies of their guidelines. ZC policy made: 19 acres or less needs a survey no matter what the circumstaances, until furhter discussion is held. TJ to research any case law on this. FZ to obtain Attorney General’s opinion.

8)   Vouchers

KM motions to approve vouchers.

AM seconds motion.

Motion carries.

 

CLOSED SESSION

KM motions to go to closed session

AM seconds motion.

Unanimous vote.

 

KM motions to leave closed session.

FZ seconds motion.

Unanimous vote.

 

COMMUNICATIONS AND MISCELLANEOUS

1)  Next Zoning Committee regular meeting scheduled for February 15, 2008, at 8:30 AM.

 

ADJOURNMENT

KM motions to adjourn.

FZ 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 22, 2008)