Meeting Agendas & Minutes

Zoning 12/17/2010

Last Updated 12/28/2010 9:57:34 AM


MINUTES

PUBLIC HEARING BEFORE THE

SAWYER COUNTY ZONING COMMITTEE

17 DECEMBER 2010

 

Zoning Committee = ZC

JB = James Bassett, Chairman

FZ = Fred Zietlow, Vice-Chairman

WJ = Warren Johnson

BP = Bruce Paulsen

CG = Chuck Gunderson

DT = Dale Thompson, Alternate

 

Zoning Administration = ZA

DO = Dale Olson, Zoning and Conservation Administrator    

CY = Cindy Yackley, Deputy Zoning and Conservation Administrator

KT = Kitty Taylor, Zoning and Conservation Secretary

 

PRELIMINARY MATTERS

1)      Call to Order and Roll Call.

2)      JB calls the Public Hearing before the Sawyer County Zoning Committee to order at the Sawyer County Courthouse, Hayward, Wisconsin. Roll is called finding members present: JB, FZ, WJ, BP, CG. Corporation Counsel, Thomas J. Duffy = TJ.

3)      Statement of Board and Hearing Procedures.

JB states those wishing to speak will be afforded the opportunity provided they identify themselves. Gives order of submitting files to ZC, taking testimony, and making a decision. Requests orderly procedure. Gives appeal deadline.

4)      Statement of Hearing Notice.

JB states Public Hearing published as a Class 2 Notice in accordance with Chapter 985 of the Wisconsin Statutes in the Sawyer County Record on December 1 and 8, 2010.

 

REZONE APPLICATIONS

1)  None

 

CONDITIONAL USE APPLICATIONS

1)  Town of Lenroot – Robert C. Manning. Lot 3, being Part of the SW ¼ NE ¼, S 15, T 42N, R 8W, Parcel .3.16. Vol 800 Records Page 178; CSM Vol 30 Page 150. 1.45 total acres. Property is zoned Residential/Recreational Two. Permit is desired for the location/operation of a woodworking shop within an existing building The Town Board has approved.

DO reads application into the record; presents tax listers map, zone district map, and wetland map. Eight (8) letters sent out. None were returned. Manning not present, arrives later in the hearing. FZ asks if there is a dwelling. BP wants to know if it is in compliance with Town’s comprehensive plan and wants this info with all public hearing applications. TJ suggests adding to Town form whether it is or isn’t compliant.

CG/FZ motions/seconds to approve because there are no objections. 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.

 

2)  Town of Round Lake – Thompson’s Sand & Gravel, c/o Tom Thompson. Part of the NW ¼  SW ¼, S 12, T 41N, R 8W, Part of Parcel .10.1. Vol 474 Records Page 284. Approx. 3.79 acres out of the total 14.94 acres. Property is zoned Forestry One. Permit is desired for the three (3) year renewal of conditional use permit #93-022 for the location/operation of a non-metallic mineral extraction, which was approved at public hearing on December 18, 1992 and renewed most recently on January 18, 2008. The Town Board tabled its decision.

DO reads application into the record; presents tax listers map, zone district map, and wetland map. Twelve (12) letters sent out. 3 were returned with no objections. Town Board tabled because there was no representation at its meeting.

JB/WJ motions/seconds to table until Thompson appears before the Town Board. Motion withdrawn. FZ/WJ motions/seconds to approve with the condition that the Town Board approves. Motion carries.

Findings of Fact: It would not be damaging to the rights of others or property values. Local townships use material from it.

 

3) Town of Weirgor – Corey Blomberg et us. Part of the NE ¼ SW ¼, S 23, T 37N, R 7W, Parcel .9.1.Doc #313417. 17.10 total acres. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit 03-012 for the location/operation of a non-metallic mineral extraction including a rock crusher, which was approved at public hearing on December 20, 2003 and renewed most recently on December 21, 2007. The Town Board has approved.

DO reads application into the record; presents tax listers map, zone district map, and wetland map. Four (4) letters sent out. 1 was returned with no objections. Blomberg present, asking for a renewal.

CG/FZ motions/seconds to approve subject to compliance with NR 135. 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, wildlife, wetlands or shorelands.

 

4)  Town of Winter – Town of Winter. The SW ¼ NE ¼ and the NW ¼ SE ¼, S 28, T 39N, R 5W, Parcels .3.1, .3.2, .14.1, .14.2 and .15.5. Vol 596 Records Page 325, Vol 843 age 587. 91.07 total acres. Property is zoned Agricultural One. Permit is desired for the three (3) year renewal of conditional use permit #96-020 for the location/operation of a non-metallic mineral extraction, including a rock crusher and bituminous plant, which was approved at public hearing on November 15, 1996 and renewed most recently on November 14, 2007. The Town Board has approved.

DO reads application into the record; presents tax listers map, zone district map, and wetland map. Ten (10) letters sent out. 2 were returned with no objections; 1 with objections. Tuscobia Trail manager has approved. Wayne Geist present: Ingress and egress shouldn’t affect the county highway shop next door. Wants renewal, the Town needs it.

WJ/JB motions/seconds to approve subject to compliance with NR 135. Motion carries.

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

 

PROPOSED AMENDMENT TO SECTION 11.4 OF THE SAWYER COUNTY ZONING ORDINANCE - APPEALS

11.41 Reads:

Appeals to the Board of Adjustment may be made by any person aggrieved or by any officer, department, board or bureau of the County affected by any decision of the Zoning Administrator or other administrative officers. Such appeal shall be made within a reasonable time, as provided by the rules of the board, by filing with the officer whose decision is in question, and with the Board of Adjustment, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall promptly transmit to the Board all the papers constituting the record concerning the matter appealed.

 

Change to read:

Appeals to the Board of Adjustment may be made by any person aggrieved or by any officer, department, board or bureau of the County affected by any decision of the Zoning Administrator or other administrative officers. Such appeal shall be made within 30 days of the date following the date of the signing of the Board’s decision letter. The date following the date of the signing of the Board’s decision letter is the first day of the thirty (30) day appeal filing period, as provided by the rules of the board, by filing with the officer whose decision is in question, and with the Board of Adjustment, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other officer whose decision is in question shall promptly transmit to the Board all the papers constituting the record concerning the matter appealed.

 

PROPOSED AMENDMENTS TO SECTION 6.9 AND 17.4 OF THE ZONING ORDINANCE

Reads:

6.9 SPECIAL USE APPLICATION

6.91 General. Land uses listed as permitted by a special use application are allowed only after review, consideration, and approval of the Sawyer County Zoning Committee. This category recognizes that land uses vary in their degree of impact on both community and resources.  Special uses are considered less critical than conditional uses, but of such importance that they shall be subject to review by the Zoning Committee at a public meeting.

 

6.92 Application.  Application for a special use shall be made to the Zoning Administrator who shall refer the application to the Zoning Committee. In addition to the information required under Section 9.2, Land Use Permit, the Zoning Committee may require the applicant to submit other pertinent data and information necessary to properly evaluate the request, including a construction material list.

 

6.93 Review.  Special use applications may not require a Public Hearing subject to Section 13.0.  However, if during its review, the Zoning Committee in its discretion finds a proposed special use to be of significant concern, it may be upgraded to conditional use status and subject to those review processes and public hearing.

 

6.94 Conditions.  The Zoning Committee may attach any special provisions or condition to a special use application deemed necessary to further the goals and objectives of this ordinance.  The Zoning Committee shall be guided by those factors listed in Section 8.0 of this ordinance.

 

6.95 Approval and Permits.  Upon review and approval of a special use application by the Zoning Committee, the property owner shall obtain a land use permit for such use in accordance with the requirements of Section 9.2.

 

Change to read:

6.9 SPECIAL USE APPLICATION

6.91 General.  Land uses listed as permitted by a special use application are allowed only after review, consideration, and approval by the Town Board and Zoning Administrator. This category recognizes that land uses vary in their degree of impact on both community and resources.  Special uses are considered less critical than conditional uses, but of such importance that they shall be subject to review by the Town Board and Zoning Administrator.

 

6.92 Application.  Application for a special use shall be made with the Zoning Administration and will then be forward to the Town Board for their review and approval. Upon approval by the Town Board, the application shall be submitted to the Zoning Administrator.  In addition to the information required under Section 9.2, Land Use Permit, the Zoning Administrator may require the applicant to submit other pertinent data and information necessary to properly evaluate the request, including a construction material list.

 

6.93 Review.  Special use applications will not require a Public Hearing subject to Section 13.0.  However, if during its review, the Zoning Administrator in their discretion finds a proposed special use to be of significant concern, it may be upgraded to conditional use status and subject to those review processes and public hearing.

 

6.94 Conditions.  The Zoning Administrator may attach any special provisions or conditions to a special use application deemed necessary to further the goals and objectives of this ordinance.  The Zoning Administrator shall be guided by those factors listed in Section 8.0 of this ordinance.

 

6.95 Approval and Permits.  Upon review and approval of a special use application by the Zoning Administrator, the property owner shall obtain a land use permit for such use in accordance with the requirements of Section 9.2.

 

SECTION 17.0 ZONE DISTRICTS

Reads:

17.4: Agricultural One District

A) Permitted Uses

1) Year round dwellings, but only when occupied by owners and/or person engaged in farming activities on the premises.

 

Change to read:

1) Year round dwellings occupied by owners and/or person engaged in farming activities on the premises. Town Board and Zoning Administrator approval is required for owners and/or persons not engaged in farming activities on the premises.

 

17.4: Agricultural One District

Reads:

B) Uses Authorized by Conditional Use

1) One-family and two-family year round dwellings

 

Delete:

1) One-family and two-family year round dwellings 

Renumber

 

Each of the three proposed amendments to be voted on separately. ZC is to make a recommendation to the County Board. They will be read at County Board in their entirety.

1. BOA amendment. Change appeal deadline to 30 days from receipt of decision. ZAC committee has approved. FZ/BP motion to approve and send to County Board. Motion carries.

2. Special Use applications. Change to approval by Town Board and ZA, instead of by Z Committee. Linda Zillmer refers to Edgewater’s response that the Town would like the County to have more process and restrictions and wants public hearing notices for special use. WJ: This change would be giving the Town the authority rather than the ZC. If Town doesn’t want this development, they can deny. If they want more notice and time, they can table or set meeting dates. Zillmer also requests more public notice for proposed amendments to allow more public input at town level. Phil Nies feels it is the Town’s responsibility to review and make valid recommendations in relation to their comprehensive plan. Suggests ZC approve this amendment. JB: This relieves ZC of need to be expert on each town’s comprehensive plan. DO reads town comments into the record. BP/FZ motion to approve and send to CB. Carries.

3. Conditional use in A-1 zone district. Zillmer feels this is not in compliance with Sawyer County’s comprehensive plan and farmland preservation law. She says farmland preservation legislation requires conditional use procedure for residential construction in A-1. Phil Nies feels this puts control back with Town Board and feels all the town comprehensive plans want to preserve farmland. DO and TJ to research farmland preservation program to see whether or not CUP is required or if special use would do. BP/JB motion to table to find out the farmland requirements. Carries.

COMMUNICATIONS AND MISCELLANEOUS

1)  DO recognizes Mike Jones who brings up the topic of Bed & Breakfast or other accommodation rental out of a home in a residential zone district without a conditional use. Jones refers to a specific case on Windigo Lake. Feels ZC should enforce violations. TJ and DO feel there is no evidence that this stiuation is a violation. DO: The party has claimed to discontinue the activity which is advertised as a “vacation retreat” on a website. Rentals occur while the owner is on premise. Zoning ordinance doesn’t differentiate between short term rentals (e.g. Birkie week) and long term (all summer). Jones feels the person is running a resort. Phil Nies: Vacation rentals beyond control. Nuisances should be addressed to the sheriff. TJ has not seen a workable solution to this wide-spread situation. Does not agree that this situation fits the ordinance definitions of those that require a condition use (e.g. B&B, motel, etc.).  JB: If space is being rented, the ZC has determined not to adress it. TJ: Any enforcement must be done fairly. WJ: ZC sent the towns a survey asking if they want ZC enforcement of vacation rentals and most said no. Jones asks to have the ordinance changed to remove the conditional use requirement. Zillmer: ZC is creating local conflict by not addressing varous ordinance issues.

2) Next Zoning Committee public hearing scheduled for January 21, 2011, at 8:30 AM.

 

ADJOURNMENT

CG/WJ motion to adjourn.

pc:          Zoning Committee – 6;   County Board – 9;

                WMS, DNR – 1;     County Clerk – 1;

                Corp. Counsel – 1;  NABA – 1;                         

                Summary prepared by KT (December 27, 2010)

 

 
Motion carries.