Meeting Agendas & Minutes

Zoning 03/19/2010

Last Updated 3/22/2010 1:41:37 PM


 

MINUTES

Sawyer County Zoning Committee

March 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

 

PRELIMINARY MATTERS

       1)  Call to Order and Roll Call

      BM 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, BM, FZ, AM, WJ,         WAC and CY as well as Thomas J. Duffy. KM absent.

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 March 3 and March 10,            2010.

 

REZONE APPLICATIONS

 

1)         Town of Spider Lake – William Boersma etux. The east 50’ of Lot 1, CSM #7631 being part of Parcel 6.3 and the east 330’ of the NW 1/4 NW 1/4, lying south of CSM #7631 being part of Parcel 6.1; all in Section 27, T 42N, R 6W. Volume 367 Records page 180.  7.2acres. Change from district Forestry One to district Residential/Recreational One. Purpose of request is to allow for the creation of lots that extend to the lake bed of Teal Lake. The Town Board has approved the application. WAC reads the application into the record and presents the maps. He reads a segment of the Town Board and Town Planning Commission minutes approving the application.  Four (4) opinion letters were sent out, none were returned. Jason Nelson from Heart of the North Surveying was present and representing Mr. Boersma.  Nelson states that Boersma has a buyer for the property and the sale is contingent upon the approval of the rezone. They will be creating lots to Teal Lake if rezone is approved. There was no one in the audience in favor or opposed the application.

Minutes

Sawyer County Zoning Committee

March 19, 2010

 

FZ Motions to approve

JB Seconds.  Motion Carried

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

 

CONDITIONAL USE APPLICATIONS

 

1)         Town of Hayward – Lee Gorud, Lessee: Emily Wohling.  Part of the NE 1/4 SW 1/4, S20, T 41N, R 9W; Parcel  9.1.  Volume 566 Records page 417.  35+ acres. Property is zoned Forestry One.  Permit is desired for the location/operation of a daycare service within an existing dwelling by the lessee. The Town Board has not acted on this application. WAC reads the application into the record and states that the Zoning Office received an e-mail from the Town Clerk stating that this application was inadvertently not placed on the Town Boards agenda so the Town of Hayward did not act on the application. WAC states that in the past the Committee has heard and acted on an application contingent upon the application being returned to the township for their action. The Committee decides to hear the application and WAC reads the opinion letters into the record. Eleven letters were sent out, of those two (2) came back with no objection with additional comments. One returned with objection with comments. Dick Dewhurst states that the Planning Committee informally talked about the application but couldn’t act on it because it wasn’t noticed, but that the Planning Commission didn’t see a problem with it and that the application would be coming back to them next month for their review and decision.  Emily Wohling – lessee is present and states that her home is the first of several on the road and that there wouldn’t be a traffic issue. She also states that she is licensed for up to 6 children, but she would only have 3. There was no one in the audience in favor or to object to the request.

BM Motion to approve contingent upon the Town of Hayward’s approval and that the approval is with this applicant only.

AM Seconds motion. Motion Carried.

Findings of Fact: It would not be damaging to the rights of others or property values; it would not create a traffic problem.

 

 

2)         Town of Hayward – Aurora Loan Services LLC. Part of the SW 1/4 NW 1/4, S28, T 41N, R 9W; Parcel 7.3. Doc# 361968. 3.0 acres. Property is zoned Residential One. Permit is desired for the location/operation of a dental office within an existing building, by the purchaser. The Town Board has approved the application with comments. WAC reads the application into the record and presents the maps. He reads the Town Boards decision and states the City of Hayward has deferred their decision to the Town of Hayward.  Five (5) opinion letters were sent out. Of those, 1 came back with no objection. Discussion was held on the location and WAC states this property is right across the road from the high school. Eugene Roush is present and states that his purchase of the property is contingent upon the approval of the request. He states that at

Minutes

Sawyer County Zoning Committee

March 19, 2010

 

present, he has an office in Radisson and that approximately 1,400 patients come from the Hayward area and it only makes sense to have an office in Hayward and he can serve his people better. He’d keep his dental office in Radisson as he has an associate that would manage that office. There was no one in the audience in favor or to object to the request.

BM Motions to approve

FZ Seconds  Motion Carries

Findings of Fact: It would not be damaging to the rights of others or property values, it would be compatible with the surround uses and the area.

 

3)         Town of Meadowbrook – James H. Fidler etux. Part of the SE 1/4 SE 1/4, S21, T 37N, R 6W; Parcel 16.1. Volume 668 Records page 210. 31.00 acres. Property is zoned Forestry One. Permit is desired for an after-the-fact permit for the moving on of a 18’ x 22’ log cabin that does not meet the minimum dimensional requirements of 500 sq ft. floor area and 20 feet width. On April 17, 2009 the Sawyer County Zoning Committee approved the issue of a special use permit for a 20’ x 25’ cabin with a 200 sq ft loft area. The Town Board has approved the application. WAC reads the application into the record and presents the maps. He reads the Town Board decision and states that six (6) opinion letters were sent out. Of those, four (4) were returned with no objection, two (2) with additional comments.  James is present and approaches the committee and presents some photos of what the cabin looked like when he purchased the cabin and what the cabin looks like at present stating that he purchased the cabin from the Radisson area and it was moved onto his property.  He states that he estimated the size but didn’t measure it because he lived in Milwaukee and that’s why the measurements weren’t exact and he apologizes for the permit mistake. The cabin sets on 72 aces of forested land and the surrounding properties are all forested and that the cabin is barely visible from the road.

No one in the audience is in favor or objects.

BM Motions to approve

AM Seconds   Motion Carries

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.

 

BM suggests that in the future, the Zoning Committee should re-look at dwelling sizes.

 

 

 

SPECIAL USE APPLICATIONS

 

1)         Town of Lenroot – Dean Burton.  WAC reads the application for Special Use and states that the Town Board has approved the application. He mentions that the Zoning Office has not yet received the soil test or sanitary permit and that the office will hold onto the application until those permits come in.

Minutes

Sawyer County Zoning Committee

March 19, 2010

 

BM Motions to approve

FZ Seconds  Motion Carries.

Findings of Fact: It would not be damaging to the rights of others or property values and it was approved by the Town of Lenroot.          

           

 

NEW BUSINESS

 

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

Johnson states because of the economic times and other projects this project had been put on hold but they are now ready to move forward with it in phases. The timeline of entire project was discussed. First phase is to create 40 campsites. Roads and clearings have already taken place.

AM Motions to approve the extension to November 1st 2011 stating that by that time the first 40 units should be completed. No time limit on the 2nd phase of the project involving an additional 40 more units.

FZ Seconds   Motion Carries.

 

2)         Dennis McCallum – request for extension of CUP (Laird Tesch property)

No one present to represent the request. Discussion held on the request and time line.

BM Motions to approve the extension for one (1) year. CUP expires April 17, 2011.

JB Seconds   Motion Carries.

 

3)         Jerome Johnson –request for continued operation of motorcycle & scooter repair 

            and retail sales business (two year approval granted on CUP 08-005)

Johnson is present and asks to continue operating his business. WAC states that Zoning hasn’t received any complaints.

BM Motions to approve the request in an unlimited capacity but with all conditions originally placed.

WJ Seconds Motion Carries.

 

4)         Snowmobile easement access to Big Chetac Lake – Committee willingness to    entertain a presentation on behalf of property owners (set date)

WAC states that Attorney William Thiel has a group of clients that are upset about a snowmobile easement that was granted to the Birchwood Snowmobile Club by a   property owner. Discussion held on what Committee wants to do. No other snowmobile easements are monitored. Does the Committee want to start requiring Conditional Use Permits for them?  The Committee decides not to do anything regarding this request and that WAC is to write Attorney Thiel a letter indicating  the Committee’s decision not to do anything.

FZ Motions to not want to hear the presentation and to do nothing regarding snowmobile easements.

Minutes

Sawyer County Zoning Committee

March 19, 2010

 

BM Seconds   vote: 4 yes 1 no (JB)  Motion Carries

 

5)         Discussion on proposed permitting process on short term rentals

WAC states he contacted Barron County as to how they handled this issue. Barron County’s Board of Appeals handles these requests. WAC contacted a few rental agents and asked them to submit their rules and regulations. He received 5 responses and forwarded them to the Committee members previously. WAC reads some of the regulations from one of the rental agents. Phil Nies states he thinks regulating is a bad idea and Linda Zillmer feels this should be done by a CUP. General Kissinger stated that he feels this issue is clearly a nuisance problem that should be handled by the Sheriffs Dept. Discussion is held on the fact that Matt Dale already contacts rental agents regarding the permits and licensing required on these dwellings. Other testimony was heard by Joe Farone of Property Management of Hayward and Linda Clifford from Visitors Convention Bureau. Through much more discussion,

BM Motions to table the issue and refer the matter to the Public Safety Committee and the Town’s Association to review the matter regarding the public safety and to report back to the Zoning Committee.

FZ Seconds  Motion Carries

Phil Nies states that this issue will be placed on the Town’s Association meeting agenda for their April meeting, however not all towns attend, so he asks if WAC would send out a questionnaire to all towns asking if towns have problems with vacation rentals.

 

6)         Review and discussion on cluster development

BM Motions to table this item to the May Public Hearing

JB Seconds. Motion Carries

 

7)         Beekeeping as an agricultural use in non agricultural zone districts.

Zillmer states that a seminar was held on beekeeping in the Town of Sand Lake with over 50 people in attendance and she feels that the public should be aware that under the definition of beekeeping, it’s an agricultural use and feels the public should be made aware that they need to be zoned correctly for it. The Committee confirms that beekeeping is an Ag use and is only allowed in the Ag zone district.

 

8)         Update on delinquent non-metallic mining fees

WAC states that John Williams was the only operator who hadn’t paid his reclamation fee, and that WAC contacted Williams and was assured that the fee would be paid by the end of next month.

 

9)         New business agenda items for newly restructured committee meetings – Cindy

Cindy asked the Committee for clarification on new business agenda items should be placed on what committee’s agendas now that the Zoning and Land & Water have merged. She asked for examples as to what goes where as there will still be items

Minutes

Sawyer County Zoning Committee

March 19, 2010

 

regarding public hearings that the Zoning Committee would need to address. It’s determined that  monthly vouchers will be addressed at the Zoning & Conservation Committee as well as any non public hearing related items.

 

10)       Monthly Vouchers

BM Motions to approve the monthly vouchers

JB Seconds  Motion Carries

 

11)       April Public Hearing to be located in ambulance building-no other place available

 

Non-agenda items discussed:

WAC states that he’s had several inquiries regarding green burials (people who have died and not embalmed) and burials on private property. Phil Nies states that the issue will be placed on the Town’s Association agenda. WAC states that this subject may be something the Committee might want to look at in the future for a possible ordinance amendment.

 

WAC passes out his proposed Shoreland Ordinance which he has incorporated all of the States NR115 changes. He states that he thought it was easier to put it all in a separate ordinance form versus changing page by page of the present ordinance. This issue will be brought before the Committee at a later date for adoption at a public hearing.

 

WAC states this public hearing is his before retiring and thanks the Committee for their part in his administrators job. He reads a short note regarding his years as supervisor of the department thanking the staff and whom ever else he’s worked with these past 12 years. 

 

ADJOURNMENT

BM Motions to adjourn

JB Seconds   Motion Carries

 

Minutes prepared by Cindy Yackley, Deputy Zoning and Conservation Administrator