Meeting Agendas & Minutes

Zoning 04/16/2010

Last Updated 4/21/2010 1:43:59 PM


 

MINUTES

Sawyer County Zoning Committee

April 16, 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

DO – Dale Olson Zoning and Conservation Administrator

 CY = Cindy Yackley, Deputy Zoning and Conservation 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, KM, AM, WJ,  FZ             absent. DO and CY as well as Thomas J. Duffy.

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 31 and April 7,   2010.

REZONE APPLICATIONS

 

1)         Town of Edgewater – Linda Zillmer. Part of Gov’t Lot 1, lying west of County Highway F, S 7, T 37N, R 9W, Parcel :1.1 and Part of Gov’t Lot 1 and the NW1/4 of the NE 1/4, Lot D, being Part of the SE 1/4 NE 1/4, S 18, T 37N, R 9W, Parcels :1.1, :1.2, :1.5, .2.1, and .4.2.  Volume 519 Records Page 116, Volume 684 Records Page 221, Doc #324793; CSM Volume 1 Page 121.  117.66 total acres, except that part below the ordinary high water mark of Thomas Lake. Change from Dist: Residential/Recreational One (RR-1) and Forestry One (F-1) to Dist: Agricultural One (A-1) with the applicant’s following conditions/restrictions:

1. Livestock will have no access to the waters of Lake Chetac and Thomas Lake and adjacent wetlands.

2. Applicant/owner will waive the right to the permitted uses of a farm for the    purpose of the disposal of offal.

3. Applicant/owner will not seek and will prohibit the Conditional Uses for the location, operation and maintenance of municipal sanitary landfills, solid waste

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

disposal sites, sewage disposal plants and the necessary appurtenant equipment/structures subject to the provisions of the Wisconsin Administrative Code.

4. Applicant/owner will not seek Conditional Use Permits for slaughterhouses, rendering and fertilizer plants.

5. Applicant/owner will prohibit public and semi-public uses as provided under the Conditional Uses listed in Paragraph 4) under the A-1 Zone District.  OR

     Change from District: Residential/Recreational One (RR-1) and Forestry One (F-1)

     to District: Agricultural Two (A-2) with the applicant’s following                               conditions/restrictions:

1. Livestock will have no access to the waters of Lake Chetac and Thomas Lake and adjacent wetlands.

2. Applicant/owner will waive the right to, and will prohibit the permitted public and semi-public uses as provided under the Permitted Uses listed in Paragraph 10) of the A-2 Zone District.

3. Applicant/owner will prohibit public and semi-public uses as provided under the Conditional Uses listed in Paragraph 15) under the A-2 Zone District.

4. Applicant/owner will not seek and will prohibit the Conditional Uses for the location, operation and maintenance of municipal sanitary landfill, solid waste disposal sites, sewage disposal plant and the necessary appurtenant equipment/structures subject to the provisions of the Wisconsin Administrative Code. Purpose of request is to correct the zone districts incorrectly imposed by the 1971 Sawyer County Comprehensive Zoning Amendment to reflect the historic, actual and uninterrupted general farming use established prior to zoning and the comprehensive zoning amendment. Ag 1 is consistent with adjacent Ag 1 zoning of Zimmer property. The Town Board has denied the application with additional comments.

DO reads the application into the record. The town board has denied the application. 

Twenty five (25) opinion letters were sent out. Of those 1 came back with no objection,

12 with objection all with additional comments. There were three (3) additional letters of

Correspondence and 8 letters of correspondence that were received and copied and placed in the Committee’s mail boxes. He questions whether the committee wants to hear all those letters and has help from JB and BM reading them into the record. Bill Zimmer, Chairman for the Town of Edgewater talks on the Town of Edgewater’s decision to deny stating it was a 3-0 vote in opposition and stating that at their annual meeting they discussed their future land use plan and it was voted that the Zillmer property should remain in the RR-1 and F-1 zone district. Discussion was then held on the Town’s Land Use Plan. Zillmer speaks on the back ground of this issue and speaks on her application. Glenn Stoddard, attorney for Linda Zillmer speaks about the appeal that is pending on the non conformity use and asks the committee to approve the rezone with conditions.  A ten (10) minute break is held for Linda and her attorney to come up with conditions that may be considered by the committee. JB calls the meeting back to order and Mike Kelsey,

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

attorney for the Board of Appeals speaks on the appeal pending and that if the committee approves the request with conditions that the appeal will be dismissed with the agreement of attorney Stoddard. Stoddard reviews the proposed conditions with the committee and requests that they be added or the application be amended to include the conditions and incorporate them into the application request. Discussion held on amending the application to include the proposed conditions. Zillmer reads the conditions.

BM Motions that the conditions read by Zillmer be incorporated into the rezone request and are to follow the five (5) conditions in the first half of the application and the four (4) conditions listed in the bottom half of the application listed above. The additional conditions placed on the amended application are:

5.  No more than 15 head of cattle present on the property for the first two years.

6.  No livestock allowed within 100 feet of the ordinary high water mark of Thomas Lake  Lake Chetac and wetlands.

7. Cattle would be allowed on the east side of County F only during September and October with no wintering of cattle on the east side of County F.

8. Owner/applicant (Linda) shall be allowed to come back with a petition to modify  the conditions to allow for additional livestock after two years.

9.  No pigs or hogs shall be allowed on the property.

AM Seconds Motion to amend the application.

Motion Carries

Those persons who spoke in favor of the amended application were Phil Nies, stating that if the property were to be subdivided, it would be more detrimental to the area than 15 cows.  Those persons who spoke in opposition to the application were Russ Schultz;  Jim Fischer who presented photos of fences located near the lake and wetlands. Those photos were labeled Exhibit “A”.  Waldo Asp; Nancy Isham, owner of Dalens Resort; Susan Janetski, owner of Big Chetac Resort presents photos of water run-off which are labeled Exhibit “B”; Julie Thomas-Telitz, part owner of Fred Thomas Resort; Linda Herscher, part owner of Fred Thomas Resort; Tom Raby; Jerald Janetski (opposes but does not speak); Robert Skar (opposes but does not speak). Bill Zimmer reiterates that the town is in opposition and speaks on the location of culverts and drainage areas. BM asks Zimmer if the town would be willing to see this issue brought back to the town for their input now that the application has been amended to incorporate the conditions placed. Zimmer states he doesn’t feel the town would be in favor of that. Zillmer presents a map of the Town’s Land Use Plan in 2005 which is labeled Exhibit “C”. A letter dated August 2, 2005 from Lon Franson is read into the record and labeled Exhibit “D”. Zillmer reads certain points of a letter written by Land and Water Conservationist, Dale Olson regarding him being on site with Tim Seidl and Dave Karfura from the DNR and is labeled Exhibit “E”. A photocopy of the Town of Edgewater Comprehensive Plan is labeled Exhibit “F”. A group of e-mails between Zillmer and Stoddard labeled Exhibit “G” and a letter dated September 21, 2005 to Town Chairman, Waldo Asp from Zoning Administrator William Christman. A ten (10) minute break is taken. JB calls the meeting back to order. Attorney Stoddard speaks on his conversation with Attorney Mike Kelsey

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

and also on some conflicting statements that were made. Zillmer informs committee that in addition to the conditions placed, she would also have a minimum of two (2) people helping move cattle across County F in the fall and they would be moved on non-peak traffic hours and non-peak travel days. BM states for clarification that the committee can either vote in favor, against or further amend the application. KM makes an amendment to the application that the maximum number of animals be limited to one animal per two (2) acres after the initial two year phase-in period.

BM Seconds Motion.

Motion Carries.

JB states that this is the first time that the committee may or may not choose to follow the comprehensive plan which was passed in January 2010. He reads a portion of the Sawyer County Comprehensive Plan into the record and states that he is disappointed that Zillmer and the Town of Edgewater couldn’t come to some type of compromise and that he believes that a compromise should be at the town level and questions whether the committee is setting some sort of precedent of not following the county comprehensive plan. KM states that in reading the Town of Edgewater’s comprehensive plan it eludes to either/or in giving equal value. WJ agrees that the issue should have been compromised at the town level. Discussion held on possibly sending the application back to the town with the amendments included. BM states that they are at the point where there probably isn’t any new information on this case and that the committee is at a juncture where that some people on the committee may feel they have a responsibility on this issue rather than passing it on to a County Board which 1/3 is essentially new and feels that a vote must be taken and if passed on to the County Board, but from what he’s heard it doesn’t look like a compromise can happen.

KM makes an amendment that the rezone only applies to the west side of County F.

WJ Seconds Motion.  Discussion held

KM states her reasoning behind the amendment is that those people who have bought property on that side of the road were thinking the land was zoned residential. The property on the west side of the road, there has been a history and it’s adjacent to agricultural lands that’s already zoned that way. It appears the runoff won’t be running into Lake Chetac which was addressed by the Town Chairman.

Motions Carries 3 yes 2 no

BM states for point of clarification that there would be nothing that would preclude Zillmer from returning to a future zoning committee after a one (1) year time period to ask that that be reconsidered.

KM Motions to approve the rezone to Agriculture One to include all the amendments that have been presented.  The amendments relating to the cattle crossing and the grazing in September and October will no longer be part of the application approval.

AM Seconds Motion.

Motion Carries 3-2

 

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

Findings of Fact:   It would not be damaging to the rights of others or property values as long as it remains on the west side of the road; it is compatible with the surrounding land uses. We have agriculture directly adjacent to this; it would not create any run off, drainage or erosion problems and it won’t create any traffic problems because there isn’t going to be any cattle moving across the road.              

 

2)         Town of Winter – Richard J. Roppe etal. The W 1/2 of the NW 1/4 SW 1/4, S15, T 39N, R 5W; Part of Parcel 3201 (10.1). Doc# 344162. Approximately 20 acres to be rezoned out of the total 40 acres. Change from district Forestry One (f-1) to district Agricultural One (A-1) for the purpose of conforming with surrounding zone district and to allow the raising of white tail deer for sale. The Town Board has approved. DO reads the application into the record. Presents the maps and reads the Town Board decision. Four letters were sent out, of those 2 came back with no objection, 1 with objection with additional comments. Joe Roppe is present and states they currently have a deer farm on approximately 5 acres of land. Three of those 5 acres are penned in and he would like to make more room and expand. He states all his deer are CW tested and all are clear and that they are more healthy than other wild deer. Pens are doubled fenced and the new areas would be planted in food plots. The farm is regulated by the Department of Agriculture and DNR inspects all fencing. He has a feed truck that comes in every two weeks and currently they have 71 animals. Deer are not considered livestock, but does, fawns and semen are sold to other farms. Drainage is discussed and buffers from Larson road. Don Rogers speaks on the run off issues and states that property north of this property is within a floodplain. Rogers owns property across the road. The floodplain is discussed. Rick Roppe lives on site and states the majority of the runoff happens in the spring during the winter thaw. Property is all high ground and has no knowledge of water running in the ditches. WJ states he was on site and that they run a clean operation and is very impressed with they have done so far.

WJ Motions to approve the application

BM Seconds Motion

KM Makes motion to amend the application with the condition that be a maximum of 200 deer on the property. Applicants can come back at a later date to ask for an increase in that number.

JB Seconds amended motion

Both Motion Carried

Findings of Fact: It would not be damaging to the rights of others or property values;  It would not create traffic or highway access problems; It would be compatible with the surrounding uses and the area.

 

JB leaves the hearing. BM, Vice-Chairman resides hearing

 

 

 

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

CONDITIONAL USE APPLICATION

 

1)         Town of Winter – Donald C. Thompson etux. The N1/2 of the SW 1/4, S1, T 39N, R 5W; Parcels 9.1 and 10.1. Volume 605 Records page 87, Volume 280 page 85. Approximately 75 acres. Property is zoned Agricultural Two. Permit is desired for a three (3) year renewal of conditional use permit #03-002 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on March 15, 2002 and renewed March 16, 2007. The Town Board has approved DO reads the application into the record and presents maps. He reads the town board’s decision and states fifteen (15) opinion letters were sent out. Of those, seven (7) were returned with no objection, 1 with additional comments. One had objection with comments and one with both boxes checked. DO passes out some photos that he took of the pit and states he saw no problems with it.

BM Motions to approve with the condition that the owner must maintain compliance with the requirements of NR135 non-metallic mining reclamation and the Sawyer County Ordinance.

WJ Seconds

Motion Carries

Findings of Fact: It is a continuing operation and it would not be damaging to the rights of others or property values; it is and will be in compliance with NR135 and the Ordinance.

 

SPECIAL USE APPLICATIONS

 

1)         Town of Edgewater – Rick Freitag                         Town Board has approved

KM Motions to approve

AM Seconds – Motion Carries                    

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

 

2)         Town of Lenroot – Robin J. Hanson et al           Town Board has approved

AM Motions to approve

BM Seconds  - Motion Carries                    

Findings of Fact: It would not be damaging to the rights of other or property values; It would not create traffic or highway problems.

 

3)         Town of Lenroot – Carol Werner                          Town Board has approved

AM Motions to approve

BM Seconds – Motion Carries                    

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

 

 

 

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

4)         Town of Winter – John Dempsey                           Town Board has approved

WJ Motions to approve

KM Seconds – Motion Carries                    

Findings of Fact: It would be compatible with the surrounding uses and the area                                    

5)         Town of Winter – David Koenings et ux                 Town Board has approved

KM Motions to approve

BM Seconds – Motion Carries                    

Findings of Fact: It would not be detrimental to ecology, wild life, wetlands or shorelands.                                             

 

 

PROPOSED AMENDMENT TO SECTION 4.411 LAND DISTURBING ACTIVITIES WITHIN THE SHORELANDS AREA

 

Thirteen (13) towns have responded

Page 26

Reads:

4.411 LAND DISTURBING ACTIVITIES WITHIN THE SHORELANDS AREA.

INTRODUCTION: Land disturbing activities may require notification, or County, State or Federal permits.  Improper land disturbing activities can result in increased shoreline erosion and waterway sedimentation.

 

FILLING, GRADING, LAGOONING, DREDGING, DITCHING, EXCAVATING

1) General standards. Filling, grading, lagooning, dredging, ditching, or excavating which does not require a permit under Section 4.411(2) may be permitted in the shoreland area provided that:

                (a)      It is done in a manner designed to minimize erosion, sedimentation and

   impairment of fish and wildlife habitat.

               (b)      Filling, grading, lagooning, dredging, ditching, or excavating in a

wetland/shoreland district meets the requirements of Section 17.9 and of this               ordinance.

                (c)      All applicable federal, state, and local authority is obtained in addition to a

   permit under this ordinance.

               (d)      Any fill placed in the shoreland area is protected against erosion by the use of

    rip-rap, vegetative cover, or a bulkhead.

 

2) Permit required, except as provided in Section 4.411(3). A land use permit is required:

(a)    For any filling or grading of any area within 300 feet of the ordinary high-

water mark of navigable water that exceeds 10,000 square feet in area.  Filling and grading shall include all exposed soil regardless of its source.  Examples

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

of exposed soil would include, but would not be limited to, soils exposed by

any of the following activities: driveways, septic system installation, excavation for building sites and the depositing of spoils, the depositing/hauling in of soils/fill/gravel, placement of topsoil  etc.

(b)   For any construction or dredging commenced on any artificial waterway,

canal, ditch, lagoon, pond, lake, or similar waterway which is within 300 feet landward of the ordinary high-water mark of a navigable body of water and where the purpose is the ultimate connection with a navigable body of water would also require the prior approval of a conditional use permit. (Proposed changes  are in bold):

 

BM Motions to amend the wording in (b) to delete the word “or” and add “and” in it’s place. Also to add the word “also” between the words would and require.

KM Seconds Motion

Motion Carries

BM Motions to adopt the new language as amended and send it on to County Board

KM Seconds Motion.

Motion Carries

 

PROPOSED ADOPTION OF THE SAWYER COUNTY TELECOMMUNICATIONS FACILITIES ORDINANCE

A copy of this proposed ordinance can be obtained at the Zoning Administration

Thirteen (13) Towns have responded

DO reads the town’s responses into the record. Dick Dewhurst speaks about the comments from his town’s planning commission stating that they feel the proposal is too restrictive. Renee Zirbes, consultant to Verizon Wireless speaks about how restrictive the proposal is stating she reads a lot of these codes as this is what she does. She proposes the committee include the RR-2 zone district in Section 5 as a conditional use;  Section 17.3 as a conditional use in the RR-2 district. The fee is the highest fee she’s ever seen and states she’s never seen a fee over $500.00. Under the removal and abandonment, of Section 11(c) she states it’s not necessary or practical. Setbacks are an issue. Not necessary to have setbacks. The towers are built to collapse upon themselves. Annual reporting in Section 9 requirements can be a problem for the big companies because they are not setup to do that and would be deterring companies from setting up towers in the county. Section 7 is very restrictive.  Section 7-F she feels there’s no feasible way to do this. In Section 6, she feels a lot of it is over kill. Phil Nies, Leonard Eckerly, Linda Zillmer and Dick Dewhurst all spoke regarding the proposed ordinance. KM suggests that those who had issues with the proposal should e-mail Dale Olson with their suggestions and Dale is to incorporate those comments into the proposal and bring back to the committee for May.

AM Motions to table the proposal to next months  May 21st hearing.

BM Seconds

Minutes

Sawyer County Zoning Committee

April 16, 2010

 

Motion Carries.

 

NEW BUSINESS

 

1)         Discussion on the Banner E. Myer sign (2671N East Shore Drive, Edgewater)

TJD states that Mr. Myer was in the audience earlier in the morning but had to leave.  TJ discussed this issue with him during a break and states that he doesn’t feel that the County would win in court if this issue was pursued and that TJ will be dismissing the citation. No further discussion was held.

 

ADJOURNMENT

BM Motion to adjourn

AM Seconds

Motion Carries.

 

 

 

 

Minutes prepared by Cindy Yackley, Deputy Zoning and Conservation Administrator