Meeting Agendas & Minutes

Zoning 02/19/2010

Last Updated 2/22/2010 1:56:01 PM


Sawyer County Zoning Committee

February 19, 2010




Zoning Committee Members

JB = James Bassett, Chairman

BM = Bruce Miller, Vice Chairman

FZ = Fred Zietlow

KM = Kathy McCoy

AM = Arlene Mizerka

WJ = Warren Johnson


Zoning Administration

WAC = William A. Christman, Zoning Administrator

 CY = Cindy Yackley, Deputy Zoning Administrator

TJD =  Thomas J. Duffy, Corporation Council



       1)  Call to Order and Roll Call

      JB calls the Public Hearing before the Sawyer County Zoning Committee                           to order at 8:30 AM. in the Sawyer County Courthouse, 10610 Main St.,           Hayward, Wisconsin. Roll is called finding present: JB, FZ, KM, AM, WJ, BM is      absent. WAC and CY as well Thomas J. Duffy, Corporation Council.

2)      Statement of Committee and Hearing Procedure.

      Those persons wishing to speak will be afforded the opportunity provided they      identify themselves and have completed a testimony form.

3)      Statement of Hearing Notice.

      Public Hearing Published as a Class 2 Notice in accordance with Chapter 985 of    the Wisconsin Statutes in the Sawyer County Record on February 3, and February            10, 2010.




1)         Town of Hayward – David W. Anderson. Part of Gov’t lot 4, S35, T 41N, R 8W; Part of Parcel 5401 (:4.1.) Volume 556 Records page 188. Approximately 19.50 acres to be rezoned out of the total 27.16 acres. Change from District Agricultural Two to District Residential/Recreational One. (Approximately 7.66 acres is already zoned Residential/Recreational One). Purpose of request is to create lots to sell to the owners of  small lots on the east side of Haskins Road. This application has been tabled from the December Public Hearing to allow the Town of Hayward time to review/revise their comprehensive plan regarding this request. The Town of Hayward has approved the application with comments and restrictions.

WAC reads the application into the record and presents the maps. He reads the Town Board’s decision with additional comments. Fifteen opinion letters were sent out. Of


Sawyer County Zoning Committee

February 19, 2010


those, eight (8) were returned with no objection, four (4) had additional comments. Joe Farone is present and representing. He states they have been working with the home owners to the east of Haskins road stating that the sale of the proposed lots would be limited to those home owners and not for any other out side sale. Agreements have been signed and are ready pending the outcome of this hearing. CeCe Genrich, property owner states the additional lot will enhance her property and would be used for the possible location of a future garage and future site for their replacement septic system.

WJ Motions to approve the application

JB Seconds 

Dick Dewhurst, Chairman of the Town of Hayward’s Comprehensive Planning Committee comments on the restrictions the town had placed on their approval stating that the owners of the proposed lots could only subdivide their lot once more and that each deed recorded must have the right to farm restriction listed on it.

WJ amends his motion to include the town’s restrictions

JB Seconds the amended motion

Motion Carried.

Findings of Fact: It would not be damaging to the rights of others or property values; it would not destroy prime agricultural lands; it would be compatible with the surrounding uses and the area.




1)         Request for extension of CUP on Summit Lake Game Farm - Phil Johnson

WAC gives the Committee some back ground information regarding the conditional use public hearing held in 2006 and he reads a letter from Zoning to Mr. Johnson regarding the expiration date of the approval. Johnson states because of economic times, they were unable to move forward with their campground project. The Committee discusses the time frame regarding the conditional use approval and they question why Johnson waited till now to ask for an extension when they should have done so earlier and stating that he was given a deadline of June 20, 2007 to take out the Conditional Use Permit. FZ motions to approve the request for extension. Motion dies for lack of a second.  Discussion was then held on the rezone application that was heard along with the conditional use in 2006 and KM wonders if there were any conditions attached to the rezone regarding the campground. That information was not available at this public hearing and it’s decided that the Committee wants the issue tabled to next month.

KM Motions to table to March Public Hearing to give time for the review of the rezone application.

WJ Seconds Motion.

Motion Carries.





Sawyer County Zoning Committee

February 19, 2010


2)         Request by Sawyer County Lakes Forum to add language to Section 4.411 of the Sawyer County Zoning Ordinance to require a Conditional Use Permit.

Phil Nies, member of the Sawyer County Lakes Forum reads a letter from the Lakes Forum to the Zoning Committee regarding Section 4.411(2)(b) of the Sawyer County Zoning Ordinance. The forum is asking that additional language be added to this section that it requires a Conditional Use Permit. After some discussion, TJ Duffy states that this issue isn’t the jurisdiction of the Zoning Committee and feels that it’s stepping on the DNR’s toes. Discussion on above and below the high water mark is then held. JB suggests possibly compromising and to rewrite the proposal indicating that this section is only for those projects above the high water mark. Waldo Asp, President of the Lakes Forum states that there are other counties that are looking at this same issue. More discussion held.

KM Motions to adopt the language as proposed

AM Seconds

Motion Carries  Vote: 3 yes  2 No (Fred, Jim)


3)         Review and discussion on proposed cell tower ordinance

WAC passes out the proposed Cell Tower Ordinance stating that the Committee has previously seen this same proposal and states that this proposal does not need town approval. Discussion is held.

KM Motions to proceed with a Public Hearing in April. Zoning to send to towns for any input they may have.

JB Seconds

Motion Carried


4)         Review and discussion on proposed permitting process for short term vacation       rental homes.

WAC states that last month he was asked to check with Barron County as to how they handled their short term rentals and he states that Barron County’s process is by variance. And after talking with staff there, they are trying to revise that requirement and make it more simple.  WAC states that he didn’t think the Committee would want to be doing public hearings on these so he’s tried to make this proposal as easy as possible and that would be leaving it up to the Zoning Administrator to issue the permits. But if there were certain circumstances, the Administrator could issue a Special Use Permit. Linda Zillmer speaks on the zoning ordinance and feels that the ordinance already addresses this. Phil Nies speaks about this issue being a Law Enforcement issue. WJ states he likes the idea of permitting. Waldo Asp speaks on the possibility of potential law suites, stating that the definitions in the ordinance should be carefully looked at. KM states she feels it’s a step in the right direction. Dick Dewhurst speaks on the room tax and what it could do for the county if applied here, as it’s a good source of income. WAC states that this would be a comprehensive amendment to the ordinance and would need to be sent to the towns for



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February 19, 2010



their approval. The Committee reviews the proposed amendment making some changes to it.

KM Motions to eliminate Section 4 (a) (1) (e) – noise is to be restricted after 10:00 P.M.

AM Seconds

Motion Carries 4-1 (Fred)

JB Motions to change Section 4 (a)(1)(c) from persons to  adults. Motion died for lack of a second. Rueben Johnson states that he feels Zoning is getting too micro-managing. Joe Farone states he has issues with the limiting of the number of persons per bedroom as they have rentals that have two queen size beds in each bedroom as well as bunk beds in rooms that could hold 4 people. He states that most management companies have rules that people have to follow when renting. After some discussion, KM ask if Johnson and Farone could submit a copy of their companies rules before next months hearing so the Committee could look at them. Both agree they would do that.

KM Motions to table this issue until next month

AM Seconds

Motion  Carries.


5 Minute Break

JB calls the meeting back to order.


5)         Review and discussion on cluster development

WAC passes out his proposed ordinance on cluster development stating this is a first draft for the Committee to look at. It’s decided to have this placed on next months agenda to give the committee members time to review.


6)         Delinquent non-metallic mining fees

WAC states that there are 4 gravel pit owners who have not yet sent in their fees and two pit owners that their financial assurance has expired. Discussion held on what Committee would like to do.

KM Motions to have Zoning write one more letter indicating that if fees are not paid by public hearing date next month, that the pit owners permit may be revoked.

AM Seconds

Motion Carries


7)         Out of County Travel

               a)  Jay to Eau Claire for continuing education for POWTS;

               b)  Eric to Shell Lake for continuing education seminar – both in March

WAC explains the training seminars and the requirements that need to be met for licenses. JB questions why the two guys aren’t going together and it’s explained that the days and times are in conflict with Jay and Eric’s schedules.


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February 19, 2010


JB Motion to approve

FZ Seconds

Motion Carries.


 8)        Monthly vouchers

JB Motion to approve

FZ Seconds

Motion Carries


9)         Purchase of department printer

WAC explains that the printer used by Kitty and Kathy has quit working. Mike from IT has found a printer for $205.00. WAC states that this was not budgeted for and that monies will need to be transferred stating that the money could come out of employee wages. Discussion is held that this will need to be approved by Finance Committee before the printer can be ordered.

JB Motions to approve the line item transfer from employee wages and to pass the request on to the Finance Committee for approval.

KM Seconds.

Motion Carries.


10)       2009 Department Summary

WAC passes out the department’s 2009 summaries of land use permits, soil tests, sanitary permit, conditional use permits, rezones and variances and explains the overall results and states that each reflect a downward trend.


11)       Selection of student intern for Nelson Lake Septic System Survey

WAC states that a student from Steven’s Point has been selected for this year. His name is Joel Murray and he’s majoring in waste management. He’s to start around the end of May, first part of June. Housing for him is not an issue. WAC states that approximately 400 septic systems will be checked on Nelson Lake.


12)       Review of revised job descriptions and department structure

No action taken.


13)       Department head performance evaluation

KM Motion to not do an evaluation on WAC due to his retirement in 6 weeks.

JB Second

Motion Carries

No issues for closed session.





Sawyer County Zoning Committee

February 19, 2010



WJ Motion to adjourn

JB Seconds

Motion Carries


Minutes prepared by Cindy Yackley, Deputy Zoning Administrator