Meeting Agendas & Minutes

Zoning 05/21/2010

Last Updated 5/25/2010 9:58:29 AM


 

MINUTES

Sawyer County Zoning Committee

May 21, 2010

 

Zoning Committee Members

JB = James Bassett, Chairman

FZ = Fred Zietlow

WJ = Warren Johnson

CG = Chuck Gunderson

BP = Bruce Paulsen

DT = Dale Thompson - Alternate

 

Zoning Administration

DO =  Dale Olson, Zoning & Conservation 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, FZ and Warren Johnson.          DO and CY as well as Thomas J. Duffy. CG, BP and DT are absent. (There is a       quorum.)

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 May 5 and May 12,      2010.

ELECTION OF OFFICERS

Kris Mayberry is present and states he thought it was the intent of the County Board, when they consolidated the departments that the committee’s chairman and vice chairman were elected at that time. The committee members agree that Jim Bassett was elected Chairman and Fred Zietlow was elected Vice Chairman.

 

REZONE APPLICATIONS

 

1)         Town of Hayward – Jodell R. Petit. Part of the NW 1/4 NE 1/4, S29, T 41N, R 8W, excepting the west 341 feet. Part of Parcel 1204. Doc#320603. Approximately 22.55 acres to be rezoned out of the total 32.55 acres. Change from district Agricultural One to district Residential/Recreational One. Purpose of request is to construct a residential structure for possible sale. The Town Board has approved with additional comments. DO reads the application into record. Eleven opinion letters were sent out, of those 2 were returned with no objection. Todd Petit (husband) is present and states there are other

Minutes

Sawyer County Zoning Committee

May 21, 2010

 

subdivisions in that section and that he has no problems with the towns conditions that were placed on the approval.  Dick Dewhurst, Town of Hayward Planning Committee member states that the property is located in a rural preservation area and that the Town Planning Committee will be addressing this at next months meeting with regards to changing this designation and amending their plan. Discussion is held on whether to act on this now or table until the town has a chance to amend their plan. It’s determined that the Town will meet prior to next months County Board meeting for ratification and that that time frame will give the town time to act on this issue.

FZ Motions to approve with the stipulation that it is subject to the Town of Hayward Comprehensive Planning Committee changing their plan and the condition that the lots created are 2 acres plus or minus the 5%.

JB Seconds

Motion Carries.

Findings of Fact: It would not be damaging to the rights of others or property values; it’s surrounded on 3 sides of residential property.

 

CONDITIONAL USE APPLICATIONS

 

1)         Town of Edgewater – Thomas J. Sirinek et ux.  The SE 1/4 SW 1/4, S10, T 37N, R 9W; Parcel 12.1.  Volume 316 Records page 103.  40 acres. Property is zoned Agricultural One. Permit is desired for a three (3) year renewal of conditional use permit #03-004 for the location/operation of a non-metallic mineral extracting, including a rock crusher and possible hot mix plant, which was approved at public hearing on April 19, 2002 and renewed May 18, 2007. The Town Board has approved the application. DO reads the application into the record. Four opinion letters were sent out, of those 3 were returned with no objection, one with additional comments. Sirinek is present and states he had the plan of operation updated stating there were very little changes made to it. The town gets materials from this pit. Normal hours of operation are from 6AM to 9PM and states that out of the 31 Sundays in the summer months, 10 Sundays were open. He gives some activity history for the past year and states erosion will be controlled within the pit. He has updated financial assurance also.  No one in the audience to object.

FZ Motions to approve subject to the provision of NR135.

WJ Seconds

Motion Carries

Findings of Fact: It is necessary for the Town of Edgewater’s infrastructure.

 

2)         Town of Hunter – John Badagliacco et ux.  Lot 1, being part of Gov’t lot 1, S4, T 39N, R 7W; Part of Parcel :1.8.  Volume 581 Records page 83; CSM Volume 29 page 184.  11.94 total acres. Property is zoned Agricultural Two, Residential/Recreational One and Recreational Two. Permit is desired for the location/operation of a sandwich and pizza shop within an existing building for campground and resort patrons.        The Town Board has approved the application with additional comments. DO reads the application

Minutes

Sawyer County Zoning Committee

May 21, 2010

 

into the record. Twelve opinion letters were sent out, 7 came back with no objection, 2 with additional comments. Three had objection all with additional comments. Several letters of correspondence were read into the record as well all in favor of the application. Trish, Badagliacco’s business partner is present and approaches the committee and passes out a diagram of the building stating they have all the required permits. She addresses parking and passes out photos of the area. Leonard Eckerly, Chairman of Town of Hunter states the town and planning committee approved the application stipulating that wine and beer sold only.  Pete Simpson spoke in favor. Mike Payne, Judy Payne and Rick Ash all spoke in objection.

WJ Motions to approve

FZ Seconds

Motion Carries

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

 

3)         Town of Lenroot – Fred Scheer. Lot 2, being part of the SW 1/4 SW 1/4, S 5, T 41N, R 8W; Parcel 3305.  Doc#344355;  CSM Volume 29 page 324. 5.01 acres total. Purpose of request is for the construction of a single family dwelling by the purchaser, not being engaged in agricultural activities. The Town Board has approved the application. DO reads the application into the record. Four opinion letters were sent out. Of those, one came back with no objection with comments and one came back with objection. Scheer is not present. No one to speak in his behalf. Gilbert Rasmussen is present and objects stating that the driveway that was installed is partially on his property.

FZ Motions to approve

WJ Seconds Motion.

Motion Carries

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

 

4)         Town of Winter -  Ralph H. Petit.  The NE 1/4 SE 1/4, S18, T 38N, R 5W; Parcels 13.1 and 13.2.  Volume 287 Records page 468, Volume 589 page 296.  Approximately 4 acres out of the total 40 acres. Property is zoned Agricultural One. Permit is desired for: 

 

the three (3) year renewal of conditional use permit #02-008 for the location/operation of a non-metallic mineral extraction, including a screening plant and crushing plant, which was approved at public hearing on May 17, 2002 and renewed April 20, 2007. The Town Board has approved the application with additional comments. DO reads the application into the record. Seven opinion letters were sent out. Of those, 4 came back with no objection. Ralph Petit is not present and there is no one to represent him. No one was in favor or opposed.

WJ Motions to approve the application subject to the provisions of NR135

FZ Seconds

Minutes

Sawyer County Zoning Committee

May 21, 2010

 

Motion Carries

Findings of Fact: It would be compatible with the surrounding uses and the area; it would not create an objectionable view

 

5)         Town of WinterWisconsin Flambeau River State Forest. Part of the SW 1/4 SE 1/4, S14, T 37N, R 3W, Parcel 15.1.  Volume 70 Records page 484. Approximately 5 acres out of the total 39.61 acres. Property is zoned Forestry One. Permit is desired for a three (3) year renewal of conditional use permit #05-004 for the location/operation of a non-metallic mineral extraction including a rock crusher, which was approved at public hearing on May 20, 2005. The Town Board has approved the application with additional comments. DO reads the application into the record. There was no adjacent property owner within 300’ so no opinion letters were sent out. No one was present to represent the application. Committee discusses. The town and county get gravel out of this pit and it is needed. No one in favor or opposed.

FZ Motions to approve the application subject to the provisions of NR135.

JB Seconds Motion

Motion Carries

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

 

10 minute break

JB calls the hearing back to order

 

VARIANCE APPLICATION

 

1)         Town of Hayward – Quin Feuerstein etux. Lot 1, being part of Gov’t lot 1, S35, T 41N, R 8W; Parcel :1.3.  Volume 438 Records page 201; CSM Volume 11 page 258.  3.85 acres total. Property is zoned Residential/Recreational One. Application is for the creation of a lot (lot 1 of proposed CSM) resulting in a rear lot line setback of 14’ from and existing garage and a 12’ rear lot line setback from an existing boathouse and the creation of a lot (lot 2 of proposed CSM) with existing accessory structures on it; and the construction of an open sided deck located 30’ from the rear lot line and the construction of a 5,000 square foot accessory building meeting all setbacks. Note: the existing shed would be moved to another location on proposed lot 2.  Variance is requested as Section 3.7, Sawyer County Subdivision Ordinance states that no lot shall be created if the proposed division will result in a non-conforming structure; Section 4.26 of the Sawyer County Zoning Ordinance prohibits the construction of accessory structures on vacant property and Section 18.4(a) requires a rear lot line setback of 40 feet. The Town Board has approved the application with additional comments. DO reads the application into the record. Eight opinion letters were sent out. Of those, 4 returned with no objection, 3 with objection all with additional comments. One letter was not marked but had comments. A e-mail from DNR Dave Kafura is also read. There were other letters received from persons beyond the 300’ distance all with no objections. Feuerstein is present and states

Minutes

Sawyer County Zoning Committee

May 21, 2010

 

he wants to build an addition on to the front portion of his existing cabin and states that he and wife would like to eventually move to the area. He gives the committee some background information on previous permits stating that prior to 1990 he was granted a 55’ average setback from the water for the cabin location but that he built the cabin at about 85-90 feet from the water and feels that the average setback should still apply. The proposed 5,000 square foot storage building is discussed. Feuerstein states this building would be for personal storage only. Phil Nies states that the DNR letter is right on point

as the county had never taken a conforming lot and turning it into a non-conforming lot. There is no hardship and he encourages the committee to deny the application. Mitigation is discussed also.

FZ Motions to deny the land division stating with out the land division, the Feuerstein’s can building their storage building and wouldn’t need a variance to do so.

JB Seconds Motion

Motion Carries

Findings of Fact: It would be a self-created hardship

 

SPECIAL EVENTS APPLICATION

 

1)         Town of Lenroot – Tiki Pete’s Bar        Application is for a 2 day event (July 3 and July 9, 2010) to hold music with live band and fireworks on a platform at waters edge of Smith Lake. The Town Board has approved the application DO reads the application into the record. Jesse Hoff, lessee states he would like to hold a band on July 3 and 4th and states that the 4th is a change to the application instead of July 9th.  Discussion held on the dates noticed in the paper and it’s determined that the committee can only act on the July 3rd date as the 4th was not noticed in the newspaper. Hoff states the event would be from 7PM to 10PM. They propose having 10 satellite toilets on the premises and that they have addressed parking.

WJ Motions to approve the request

FZ Seconds

Motion Carries

 

NEW BUSINESS

 

1)         Use of lakeshore lot for easement on Big Chetac Lake - Re: Thomas E. Johnston          property

Attorney William Theil representing some lake shore owners is present and he hands out a map to the committee members and explains the situation that has developed regarding patrons of the Woodlands Bar/ Restaurant and a vacant lake lot which is owned by Thomas Johnston and is  being used for access to the bar and he states he believes this is in violation of the zoning ordinance and he asks the committee to formally investigate the

 

Minutes

Sawyer County Zoning Committee

May 21, 2010

 

use of the Johnston lot in conjunction with the Woodlands lot owned by Mr. Spaeth.  Theil reads Section 17 of the ordinance. Cheryl Wick, Deb Helquist, Linda Zillmer Fred Swant and Mary Pesek all speak in opposition to this. The committee discusses and it’s decided that Dale will investigate and that those adjacent neighbors are to provide him with any information and to take photos, etc.

 

2)         Continued review and discussion on Proposed Telecommunications Facilities     Ordinance

DO states that he has received one update on this from Dick Dewhurst and is waiting for Renee Zirbie from Verizon to get back to him with comments. No action taken.

 

3)         Review and discussion on survey results of short term rentals

DO passes out the result of the survey that was sent to towns. There was one complaint in Bass Lake, 2 in Hunter and 1 in Round Lake.  After review and some discussion it was the consensus of the committee to do nothing at this time.

 

4)         Review and discussion on cluster development

This is to be discussed at next months ZAC meeting. Also the discussion on allowing those County Board members who are city residents the ability to sit on the Zoning Committee

 

ADJOURNMENT

FZ Motions to Adjourn

WJ Seconds

Motion Carries.

 

 

Minutes prepared by Cindy Yackley, Deputy Zoning Administrator