Meeting Agendas & Minutes

Zoning 06/18/2010

Last Updated 6/22/2010 11:39:29 AM


 

MINUTES OF PUBLIC HEARING

Sawyer County Zoning Committee

June 18, 2010

 

Zoning Committee Members

JB = James Bassett, Chairman

FZ = Fred Zietlow, Vice Chairman

WJ = Warren Johnson

BP = Bruce Paulsen

CG = Chuck Gunderson

DT = Dale Thompson - Alternate

 

Zoning Administration

DO = Dale Olson, Zoning Administrator

 CY = Cindy Yackley, Deputy Zoning Administrator

TJD = Thomas J. Duffy, Corporation Council

 

PRELIMINARY MATTERS

       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, WJ, BP, CG,          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 June 2nd and June 9,      2010.

 

REZONE APPLICATIONS

 

1)         Town of Hayward – Daniel Marks et ux. Proposed lots 1 & 2 and  outlots 1 & 2 , being part of the NE 1/4 NW 1/4, S31, T 41N, R 8W; Part of Parcel 2101. Document #329147. 10 acres to be rezoned out of the total 32.07 acres. Change from district Residential One to district Commercial One. Purpose of request is for the location/operation of an auto body shop on proposed lot 1 and a towing and storage business on proposed lot 2. Outlots 1 & 2 are to be combined with corresponding lots 1 & 2. DO reads the application into the record and presents maps. The Town Board has approved with additional comments. Four opinion letters were sent out, 1 returned with  no objection, 1 with objection with comments. Daniel Marks is not present. There is no one to represent the application. No one was in opposition. Dick Dewhurst, Chairman of Planning Committee states it would not be in conflict with the town’s comprehensive plan. This area is designated as a highway overlay and the town requests the applicant maintain a 50’ buffer from the lot lines and is restricted to only the auto body shop and

Minutes of Public Hearing

June 18, 2010

 

the towing and storage business. Discussion held on the outlots which are located across the road of Highway B.

FZ Motion to approve the application with the conditions that the town has placed on their approval. Motion dies for lack of a second.

WJ Motions to approve the rezone with the restrictions that the auto body business to be located on lot 1 and the towing and storage business to be located on lot 2 only.  A buffer area on both lots 1 & 2 consisting of dense trees or earth berm at least 50 feet wide on the west side of the property. No roads or buildings in the buffer area. A privacy fence on the west side of lot 2 no closer than 50 feet to the west boundary sufficient to shield the car storage area from view. And the change in zone district is only for lots 1 & 2 and not out lots 1 & 2.

JB Seconds. Motion Carries.

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

           

CONDITIONAL USE APPLICATIONS

 

1)         Town of Hayward – O’Brien Hill Properties LLC  c/o Todd Schrock. Part of the NW 1/4 NE 1/4, S29, T 41N, R 8W; Parcel 2.3.  Doc#360429;   5 acres total. Property is zoned Agricultural One. Permit is desired for the moving on a single family dwelling, owner not being engaged in agricultural activities. The Town Board has approved the application with additional comments. DO reads the application into the record and presents the maps. He reads the Town Board decision and their comments. Five opinion letters were sent out. Of those 1 was returned with no objection. Todd Schrock is present and states he purchased the property in 2005 and at that time it had 2 old mobile homes on it. Since then, he has removed the mobile homes and has cleaned the property up and would now like to place a single mobile home back on the property. No one was opposed. Dick Dewhurst, Chairman of Planning Committee states the planning committee doesn’t normally review conditional use applications, but they were concerned about what “single family” meant and that the town didn’t feel that a mobile home was appropriate for that area.

JB Motions to approve the request with the condition that no mobile homes or single section manufactured homes be placed on the property.

FZ Seconds. Motion Carries.

Findings of Fact: It would not be damaging to the rights of others or property values; it would not be detrimental to ecology, wild life, wetlands or shorelands.          

 

2)         Town of Hayward – Maria and Shawn Gougar. Lot 2, being part of the SE 1/4 NE1/4  and the NE1/4 SE1/4, S15, T 41N, R 8W; Parcel 4.4.  Volume 834 Records page 957; CSM Volume 21 page 254.  5.81 acres total. Property is zoned Residential/Recreational One. Permit is desired for the location/operation of a daycare facility within an existing dwelling. The Town Board has approved the application with additional comments. DO reads the application into the record and presents the maps. He reads the town boards decision and comments. Ten opinion letters were sent out. Of

Minutes of Public Hearing

June 18, 2010

 

those, 2 were returned with no objection, 1 with objection with comments and one uncertain with comments. Maria Gougar is present and states she is provisionally certified to have a maximum of 6 kids and she would like to financially be able to stay home with their daughter and she is hoping to have 4-5 children to watch. She states that she has spoken with the grantors regarding the restrictive covenants that were placed on their deed prior to purchase and the grantors had no problems with a day care in the existing home.

WJ motions to approve the request with the Town Boards condition that no lot shall be used except for single family residential purposes and no buildings shall be erected, altered, placed or permitted on the property except for new construction.

BP Seconds Motion.  Motion Carried

Findings of Fact: It would not be damaging to the rights of others or property values; it would not create an air quality, water supply, or pollution problem.

 

3)         Town of LenrootSawyer County c/o Gary Gedart Sawyer County Highway Dept.  The SE 1/4 SW 1/4, S14, T 42N, R8W; Parcel 12.1.  Volume 60 Records page 191.  Pit area is approximately 2 acres out of the total 40 acres. Property is zoned Forestry One. Permit is desired for a three (3) year renewal of conditional use permit #02-019 for the location/operation of a non-metallic mineral extraction, including a rock crusher, which was approved at public hearing on June 21, 2001 and renewed June 15, 2007. The Town Board has approved the application. DO reads the application into the record and presents the maps. He reads the town board decision and states four opinion letters were sent out. Of those 2 were returned with no objection.  Gary Gedart is not present and no one to represent the application. Discussion by the Committee.

FZ Motions to approve the application and to maintain compliance with NR135 regulations.

WJ Seconds Motion.  Motion Carried

Finding of Fact: It would not be damaging to the rights of others or property values; and it’s necessary for infrastructure.

 

4)         Town of Meteor - Northwest Properties of Rice Lake LLC; Purchaser: Birchwood Sportsmans Club.  Part of the NW 1/4 SW 1/4 and the SW 1/4  SW 1/4, S18, T 37N R8W; Parcels 10.2 and 11.1.   Doc# 357253  69.86 total acres.  Property is zoned  Forestry One.  Permit is desired for the location/operation of Birchwood Sportsmans Club trap, rifle range and clubhouse. The Town Board has tabled their decision with additional comments. DO reads the application into the record and presents the maps. He explains the Town has tabled their decision, so that they could send out a notice to all of the towns people requesting their input. Five opinion letters were sent out. Of those 1 was returned with no objection with comments. Lori Laberee with the 4-H Club and Robert Lund both oppose the application.

JB Motions to table for one month (July)

WJ Seconds Motion.  Motion Carries.

 

Minutes of Public Hearing

June 18, 2010

 

5)         Town of Ojibwa – Plum Creek Timberlands LP – lessee: Verizon Wireless Personal Communications. Part of the SW 1/4 SW 1/4, S6, T 39N, R 6W;  Part of Parcel 11.1  Volume 828 Records page 788-840.  38.42 total acres. Property is zoned Residential/Recreational Two. Permit is desired for a 230’ telecommunication tower and related facilities. DO reads the application into the records, presents the maps and reads the town boards decision. Two opinion letters were sent out. Of those 1 had objection with comments. Renee Zirbes, consultant for and representing Verizon Wireless states towers like this one are completely safe according to the FCC report. They took precautions to keep the site of the tower in harmony with the area as much as possible. It will be setback 257 feet from the highway which is more than the height of the tower. They have also prepared the site as if the county had a cell tower ordinance. Area is wooded and won’t have a visual impact on the area. The tower is built to collapse within itself. She states that the property will be sold to a private property owner once approval has been granted. Discussion held. If approved, the tower would be installed in 2011. Dick Dewhurst comments on sharing the tower with other providers and Leonard Eckerly, states he’s in favor of this as it is needed in that area. Pete Ivy, adjacent property owner is opposed stating that it would be a potential degradation of property values and it would not be consistent with the zoning. FZ sympathizes with Ivy but reiterates that the tower is needed in this area.

FZ Motions to approve

BP Seconds Motion.  Motion Carries

Findings of Fact: It’s a necessary link for communication in the area.

 

6)         Town of Radisson – Richard P. Couillard. The NE 1/4 NE 1/4, S26, T 38N, R 6W; Parcel 1.1. Doc#361382. 40 acres total. Property is zoned Agricultural One. Permit is desired for the construction of a single family dwelling, owner not being engaged in agricultural activities. The Town Board has approved the application. DO reads the application in to record, presents maps and reads the Town Board decision.  Eight opinion letters were sent out. Of those 5 were returned with no objection, 1 with additional comments, 1 with objection. Richard Couillard is present and states he plans to build a 30 x 32’ cabin, a small place for him and his wife to live in the future. No mobile home.

CG Motions to approve

FZ 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 surrounding uses and the area.

 

7)         Town of Winter – Ward Sullivan. The NE 1/4 SE 1/4, S12, T 39N, R 5W; Parcel 13.1. Document 365106. 40 acres total excepting there from the wetlands as indicated on the Wetland Inventory Map. Property is zoned agricultural One. Permit is desired for the construction of two single family dwellings, each on their own surveyed lot, owners not being engaged in agricultural activities. The Town Board has approved the application. DO reads the application and presents maps. Eight opinion letters were sent out. 3 No

Minutes of Public Hearing

June 18, 2010

 

objection, 1 with additional comments. Ward Sullivan is present and states he would like to build two homes on the property, one for himself and one for a friend and he would put the property into deer management. There will be no agricultural activities. He will maintain the property setbacks from the wetlands and he’s had a soil test that has indicated a conventional septic system. The property has already been surveyed into the two separate parcels. Discussion held on the wetlands.

WJ Motions to approve

FZ Seconds Motion. Motion Carries.

Findings of Fact: It would not be damaging to the rights of others or property values; it would not be detrimental to ecology, wild life, wetlands or shoreland; it would not create an air quality, water supply, or pollution problem; and it complies with the Town Boards comprehensive plan.

SPECIAL USE APPLICATIONS

 

1)         Town of Edgewater – Stephen Bethke              Town Board has approved

            WJ Motions to approve

            FZ Second Motion. Motion Carries

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

 

2)         Town of Lenroot – Brett Poppe                                    Town Board has approved

            FZ Motions to approve

            CG Seconds Motion. Motion Carries

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

           

 

NEW BUSINESS

DO informed the Committee that he was approached at the County Board meeting by a person whose application had been denied and that person was wondering when the 30 day appeal process started. Olson states that at the next ZAC meeting, an attorney will probably be present requesting clarification on this issue.

 

ADJOURNMENT

FZ Motions to adjourn

WJ Seconds Motion.  Motion Carries

 

 

 

Minutes prepared by Cindy Yackley