MINUTES Bayfield County Planning / Zoning Committee Public Hearing / Meeting April 16, :00 PM Board Room, County Courthouse, Washburn, WI 54891

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1 MINUTES Bayfield Cunty Planning / Zning Cmmittee Public Hearing / Meeting April 16, :00 PM Bard Rm, Cunty Curthuse, Washburn, WI CALL TO ORDER OF PUBLIC HEARING: By Vice Chairman Brett Rndeau at 1:05 PM. 2. ROLL CALL: Jardine, Miller, Rndeau, present; Beeksma absent; Maki absent / excused. 3. AFFIDAVIT OF PUBLICATION: Read by ZA Kastrsky 4. REVIEW OF MEETING FORMAT: By Vice Chair Rndeau. 5. PUBLIC HEARING: A. SUSAN DEFOE CONDITIONAL USE REQUEST - shrt-term rentals f fur existing structures each n stand alne lts. Legal descriptins are: a acre parcel (ID# ), described as Lt 1 f CSM 736, Sectin 28, Twnship 50 N, Range 4 W; a acre parcel (ID# ), described as Lt 7 f CSM 1190, Sectin 27, Twnship 50 N, Range 4 W; a acre parcel (ID# ), described as Lt 8 f CSM 1190, Sectin 28, Twnship 50 N, Range 4 W; and a acre parcel (ID# ), described as Lt 9 f CSM 1190 all in Sectin 27, Twnship 50 Nrth, Range 4 West, Twn f Bayfield. Susan Defe-Prevst explained the reasn fr her request: change in Zning Dept. requirements; has tw fur-unit shrt-term rentals. Audience Supprt / Oppsitin: Nne File Reprt: Directr Kastrsky said twn input was nt available due t the Twn s meeting being after tday s public hearing; there were n letters f supprt / ppsitin n file. Kastrsky said because the parcels are cntiguus, and units were built as such, this becmes a cnditinal use rather than a Class B Special Use. AZA Dug Casina nted there are tw mre shrt-term rental cttages in the area (different wners). B. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST RECLAMATION PLAN Cntinue t Operate Existing Nn-metallic Mine (gravel pit) (# ). Prperty is described as an 80 acre parcel (ID# s & ), lcated in the NE ¼ f the SW ¼ and the SE ¼ f the SW ¼ (aka: E ½ SW ¼), Sectin 26, Twnship 47 Nrth, Range 8 West, Twn f Irn River. Agent Richard Frsythe explained the main request encmpasses renewal / extensin f a ten-year cnditinal use but this item is fr extensin f the reclamatin plan frm 4-5 yrs ag. Frsythe nted it is the same Rec Plan but needs t be tied t this renewal. Kastrsky nted the Rec Plan has been reviewed/apprved by Land Cnservatin. Audience Supprt / Oppsitin: Nne C. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST Cntinue t Operate Existing Nnmetallic Mine (gravel pit) (# ). The request includes crushing, screening r sizing, and washing peratins. Prperty is described as an 80 acre parcel (ID# s & ), lcated in the NE ¼ f the SW ¼ and the SE ¼ f the SW ¼ (aka: E ½ SW ¼), Sectin 26, Twnship 47 Nrth, Range 8 West, Twn f Irn River. Agent Richard Frsythe requests an extensin f the ten-year cnditinal use permit which expired the end f March, 2009; they are asking fr at least a five-year, preferably ten year extensin, hwever, they will cme back as ften as the Cmmittee requires. AZA Casina nted we d nt have a standard fr hw many years we can extend these permits. Page 1 f 6

2 Audience Supprt / Oppsitin: Nne File Reprt: Directr Kastrsky said Irn River apprved the request withut duratin r reasn fr apprval; n ther letters in supprt r ppsitin were n file. Frsythe said he believes duratin f ten years is apprpriate; they are unsure hw lng the pit will last. Kastrsky nted the prperty is 80 acres; it might be wise t take a lk at it again in ten years and advised the Cmmittee that we review pits n an annual basis. D. JAMES / SHIRLEY MOREY CONDITIONAL USE REQUEST Tw (2) shrt-term rentals: n a 5.5-acre parcel (ID# ), in Lt 1 f CSM 41, being a part f Gv t Lt 3, Sectin 9, Twnship 43 N, Range 6 W, Twn f Namakagn. James Mrey said this is part f a resrt his grandfather built (Junek s Pint) and this is the 50 th year. Audience Supprt / Oppsitin: Nne File Reprt: Kastrsky nted Twn apprval with w/ bilerplate cnditins as fllws: N ther structures r vehicles, permanent r temprary, can be placed n the prperty fr human habitatin r business, excepting a single trailer/vehicle ccupied by the Owner if the vehicle was used this way prir t this permit applicatin. Mrey explained they live in Hayward, have a camper n the prperty during the summer mnths which they stay in n week ends t check guests in and d ther pertinent week end wrk there. E. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent) CONDITIONAL USE REQUEST - t cntinue perating existing nn-metallic mine (i.e. gravel pit) (# ) RECLAMATION PLAN. Prperty described as an 8.27-acre parcel (ID# ), lcated in the NE ¼ f the NE ¼, Sectin 24, Twnship 43 N, Range 8 W, Twn f Cable. Agent Mark Rasmussen said their Rec Plan is n file and has been reviewed / accepted by the Land Cnservatin Dept. Audience Supprt / Oppsitin: Nne File Reprt: Kastrsky reprted n crrespndence fr/against n file F. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent) CONDITIONAL USE REQUEST - t cntinue perating existing nn-metallic mine (i.e. gravel pit) (# ). Prperty described as an 8.27-acre parcel (ID# ), lcated in the NE ¼ f the NE ¼, Sectin 24, Twnship 43 N, Range 8 W, Twn f Cable. Agent Mark Rasmussen said they want t cntinue the cnditinal use; it was permitted fr ten years; ftprint f pit has nt changed. Request is t haul six days a week with crushing dne nly every ther year fr a brief perid f time; they have a 300 buffer; Planning Cmmissin and Twn apprved the request. Audience Supprt / Oppsitin: Nne Kastrsky asked if the Twn placed cnditins. Rasmussen answered peratin during business hurs f 7:00 AM t 7:00 PM; present n recrd cnditins apply; n duratin was discussed. Kastrsky: n crrespndence n file. G. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING DIRECTOR ON BEHALF OF THE BAYFIELD COUNTY PLANNING & ZONING COMMITTEE REQUESTING AMENDMENTS TO THE BAYFIELD COUNTY ZONING ORDINANCE INCLUDING THE FOLLOWING: 1. Repeal and re-creatin f Sectin (a), (b), and (c), pertaining t campgrunds, establishing new requirements fr infrmatin t be submitted with applicatins t establish r expand campgrunds, and new site standards fr campgrunds, including area, density, setback, frntage, shreland vegetatin prtectin area, and use requirements and limitatins. Page 2 f 6

3 2. Creatin r revisin f definitins fr campgrund, camping unit, campsite, and grup campsite. Directr Kastrsky presented backgrund / reviewed prpsal; the Zning Cmmittee had instructed the Dept. t develp a campgrund rdinance which has been develped ver the past tw years with Crp. Cunsel Bussey [attachment t minutes]. He said the prpsal includes EIAs, cnditinal use permits in R-RB and Frestry with the same language as tday except inland lakes / Class 1 s need five acres; there is 125 setback n all classes which tday is 75. Audience Supprt: Nne Oppsitin: Sheree Bye (Delta; representing the Twn s Planning Cmmissin): is cncerned mre than ppsed and suggested limiting campsites t fur in the wds and three per acre n water, instead f ten and five. They believe site standards f 40% f the camping units t be used fr shrt-term ccupancy nly is t lw and want t see that percentage higher. RE density n water (site standards), they believe five campsites per acre is t many. They als wuld like the cap n ttal numbers f campsites allwed n a lake t be based upn the classificatin f each lake; they are cncerned as well abut the ttal number f peple allwed n campsites. Supervisr Jardine said he didn t feel this culd be acted n tday; Supervisr Rndeau agreed, and said additinal tweaking is necessary. Supervisr Miller said we have t remember that prperty wners wh water/jet ski, and fish, etc. als have rights n the lakes they live n. Jane Swensn (area Lakes vlunteer) questined grup campsites. Kastrsky said cnsideratin is hw it can be handled / regulated fairly with scut grups, etc. He said they may be able t have a fair maximum and verflws culd get individual sites. Ms. Swensn was apprehensive abut campgrunds nw in place which may be in vilatin, if they wuld be allwed t apply fr mre sites. Kastrsky said vilatins wuld have t be crrected befre mre wuld be allwed, hwever, if in cmpliance with the ld rdinance, they wuld nt have t remve grandfathered sites; if campgrunds are in cmpliance they shuld be allwed t expand; they must cmply with all State regulatins, Cunty health certificates, etc. Cncern was expressed that lcatin f each site t be included in the map / designatin f each site (i.e. RV r tent). Kastrsky said this culd be made mre specific if it isn t clear. There was cncern RE having prper site standards and lsing lakes. Kastrsky said there are twelve threshlds t review in cnsidering campgrunds standards will have t be met. RE questins n shrt-term campsites and number f grup campsites, he stated these items are arbitrary ; in the past there was n threshld; the challenge is t fill in the blanks. Swensn recmmended raising the number f shrt-term camping units (Site Standards) frm 40% t 50 r 60%; was cncerned abut envirnmentally apprpriate lcatins, site standards, campgrund paths, shreland standards, dead trees. Directr Kastrsky and AZA Mike Furtak cmmented abut apprval(s) nting it will nt be autmatic -- Land Cnservatin will be required t apprve. Jim Brakken (Cable) said he represents 22 lakes assciatins acrss the Cunty; believes this prpsal needs further study; is nt ppsed t camp grund develpment as lng as laws are fllwed. One cncern is fr shrt-term ccupancy, which differs frm mst seasnal renters and/r prperty wners as there tends t be mre lack f respect r taking wnership -- many visit nce and are gne. Brakken was mst cncerned abut smaller, mre vulnerable Class 2 & 3 lakes; wants t see campgrunds nly where heavier develpment can withstand it. He believes if applicants are unwilling t g t a Class 1 Lake, then they shuld find prperty fr ff-shre campgrunds. He gave an example f Class 2 Wiley Lake with ten cabins r hmes within the shreline; if a campgrund is put in mst sites wuld have tw six peple, therefre if there were fifty units, it culd ptentially raise the pressure frm 20 peple t 120 t He added lakes classificatin is imprtant t cnsider; feels minimum f ten acres shuld be required t have a campgrund; if there is a public bat landing, then Page 3 f 6

4 n private launch shuld be allwed n lakes; is cncerned abut businesses develping campgrunds in the Cunty; als cncerned abut mdern camping methds and the utcme n ur lakes. Recmmendatin: nt apprve as is. AZA Furtak said this desn t address state r federal campgrunds. He said they tend t be vilatrs f regulatins; wuld like t see added language they must cmply. 6. ADJOURNMENT OF PUBLIC HEARING: Mtin by Jardine / Miller; adjurned at 2:25 PM. 7. CALL TO ORDER OF ZONING COMMITTEE MEETING: By Vice Chairman Rndeau at 2:25 PM. 8. ROLL CALL: Jardine, Miller, Rndeau, present; Beeksma absent; Maki absent / excused. 9. MINUTES OF PREVIOUS MEETING(S): Mtin by Jardine / Miller t apprve the March 19 th minutes as prepared; carried 3 yes / 0 n. 10. BUSINESS: A. SUSAN DEFOE CONDITIONAL USE REQUEST - shrt-term rentals f (4) existing structures each n stand alne lts. Legal descriptins are: a acre parcel (ID# ), described as Lt 1 f CSM 736, Sectin 28, Twnship 50 N, Range 4 W; a acre parcel (ID# ), described as Lt 7 f CSM 1190, Sectin 27, Twnship 50 N, Range 4 W; a acre parcel (ID# ), described as Lt 8 f CSM 1190, Sectin 28, Twnship 50 N, Range 4 W; and a acre parcel (ID# ), described as Lt 9 f CSM 1190 all in Sectin 27, Twnship 50 Nrth, Range 4 West, Twn f Bayfield. Mtin by Jardine / Miller t apprve. Jardine then amended his mtin t include apprve pending Twn Bard apprval ; Miller secnded the amendment. Discussin: Kastrsky nted the Twn meets after the ZC meeting this mnth. The mtin then carried 3 yes / 0 n. B. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST RECLAMATION PLAN Cntinue t Operate Existing Nn-metallic Mine (gravel pit) (# ). Prperty is described as an 80 acre parcel (ID# s & ), lcated in the NE ¼ f the SW ¼ and the SE ¼ f the SW ¼ (aka: E ½ SW ¼), Sectin 26, Twnship 47 Nrth, Range 8 West, Twn f Irn River. Mtin by Miller / Jardine t apprve the Reclamatin Plan: n further discussin; carried 3 yes / 0 n. C. MATHY CONSTRUCTION CO. CONDITIONAL USE REQUEST Cntinue t Operate Existing Nnmetallic Mine (gravel pit) (# ). The request includes crushing, screening r sizing, and washing peratins. Prperty is described as an 80 acre parcel (ID# s & ), lcated in the NE ¼ f the SW ¼ and the SE ¼ f the SW ¼ (aka: E ½ SW ¼), Sectin 26, Twnship 47 Nrth, Range 8 West, Twn f Irn River. Mtin by Jardine / Miller t apprve this applicatin with a duratin f ten years; n discussin; mtin carried 3 yes / 0 n. D. JAMES / SHIRLEY MOREY CONDITIONAL USE REQUEST Tw (2) shrt-term rentals: n a 5.5-acre parcel (ID# ), in Lt 1 f CSM 41, being a part f Gv t Lt 3, Sectin 9, Twnship 43 N, Range 6 W, Twn f Namakagn. Mtin by Miller / Jardine t apprve and including the Twn s cnditins ( N ther structures r vehicles, permanent r temprary, can be placed n the prperty fr human habitatin r business, excepting a single trailer/vehicle ccupied by the Owner if the vehicle was used this way prir t this permit applicatin. ) N discussin: mtin carried 3 yes / 0 n. E. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent) CONDITIONAL USE REQUEST - t cntinue perating existing nn-metallic mine (i.e. gravel pit) (# ) RECLAMATION PLAN. Prperty described as an 8.27-acre parcel (ID# ), lcated in the NE ¼ f the NE ¼, Sectin 24, Twnship 43 N, Range 8 W, Twn f Cable. Page 4 f 6

5 Mtin by Miller / Jardine t apprve the Reclamatin Plan; n further discussin; mtin carried 3 yes / 0 n. F. LARRY D., DENNIS A., & JEFFREY L. RASMUSSEN (Owners) / MARK RASMUSSEN (Agent) CONDITIONAL USE REQUEST - t cntinue perating existing nn-metallic mine (i.e. gravel pit) (# ). Prperty described as an 8.27-acre parcel (ID# ), lcated in the NE ¼ f the NE ¼, Sectin 24, Twnship 43 N, Range 8 W, Twn f Cable. Mtin by Miller / Jardine t apprve, extending trucking t Mnday thrugh Saturday 7:00 AM t 7:00 PM, with n additin t current crushing hurs; fr a five year duratin. N further discussin; mtin carried - 3 yes / 0 n. G. PETITION BY KARL KASTROSKY, BAYFIELD COUNTY PLANNING & ZONING DIRECTOR ON BEHALF OF THE BAYFIELD COUNTY PLANNING & ZONING COMMITTEE REQUESTING AMENDMENTS TO THE BAYFIELD COUNTY ZONING ORDINANCE INCLUDING THE FOLLOWING: 1. Repeal and re-creatin f Sectin (a), (b), and (c), pertaining t applicatins t establish r expand campgrunds, and new site standards fr campgrunds, including area, density, setback, frntage, shreland vegetatin prtectin area, and use requirements and limitatins. 2. Creatin r revisin f definitins fr campgrund, camping unit, campsite, and grup campsite. Discussin: Vice Chair Rndeau suggested this Item be pstpned, rather than tabled, as tabling wuld require it t be heard again next mnth. Kastrsky stated he heard f mre bumps in the rad than ppsitin at this meeting and didn t actually expect apprval tday, it is a public hearing. Mtin by Jardine / Miller t pstpne this Item until further wrk / discussin has been held. Mtin carried 3 yes / 0 n. Agenda Review and Alteratin H. SUSAN ERICKSON SPECIAL USE REQUEST Hme-Based Business (Pre-Schl tw days per week during schl year): 20-acre parcel (# ) in the NW ¼ f the SW ¼, sectin 10, Twnship 47 N, Range 5W, Twn f Eileen. Susan Ericksn said she is licensed under child care fr this pre-schl fr up t eight children. LUS Travis Tulwitzky said this hme-based business is in the lwer level f the hme and requires a Class B Special Use; there is health inspectin apprvals (Cunty / State) under day care licensing. Mtin by Miller / Jardine t apprve. Discussin / File Reprt: Kastrsky nted Twn Bard apprval with n cnditins. Mtin carried 3 yes / 0 n. I. DIANNE HESS SPECIAL USE REQUEST Hme-Based Business (Gun Sales / Repair): n 5.69-acre parcels (# ; ; ) in the N ½ f Lt 80 and Lts 16 and 22, Irquis Additin t Ptawatmi, Sectin 18, Twnship 45N, Range 9W, Twn f Barnes. Jim Olsn & Dianne Hess spke. They said this prperty is in a trust with Diane Hess being the trustee. Kastrsky nted there is n Twn input as they meet at 4:00 PM tday. Olsn stated they will g thrugh the rigrus apprval prcess required fr firearms. AZA Furtak said there have been cncerns RE this request. Olsn said there are n plans t sht n the premises; n plans t have a sign; he des plan t have guns in stck and t becme a gun smith. Mtin by Miller / Jardine t apprve this hme-based business cntingent n Twn Bard apprval; n further discussin; mtin carried- 3 yes / 0 n. J. CITIZENS CONCERNS / INPUT: Nne Page 5 f 6

6 K. DISCUSSION / POSSIBLE ACTION COMPREHENSIVE PLANNING: Kastrsky reminded the Cmmittee they had ntices in their packets regarding tw pen huses cming up this mnth fr which he wuld like t have the Cunty Bard & Cmp. Planning Cmmittee present. He said they will have an exhibit at the Big Tp Chautauqua Pie & Plitics event, as well as a display at the Cunty fair. L. DISCUSSION / POSSIBLE ACTION NR115 REWRITE: Nne M. DISCUSSION / POSSIBLE ACTION RE SATELLITE OFFICE IN CABLE: Kastrsky reprted that the ffice we have used in Cable has been sld; we will mve t an existing building wned by Jn McKinney (fr which a rezne may have t be dne). N. OTHER ITEMS THAT MAY COME BEFORE THE COMMITTEE (discussin nly): Sign Issues: Kastrsky said the State is nt enfrcing their sign rdinance which makes ur jb harder; ptins are t fllw the State and ignre ur rdinance, r frget abut the State and d ur part alne. He nted if the sign is ff-premise and n the State Hwy then the DOT has jurisdictin. Tulwitzky said there are lts f illegal signs in the Cunty and mre ging up-- if we let ne g by then mre shw up. [Sanitary] Maintenance and Tracking: Kastrsky reprted that maintenance / tracking is almst cmplete (hpefully by June 1); after that the State cannt deny agent status where we can review / apprve applicatins and be able t keep funds here. 11. MONTHLY REPORT: Mtin by Jardine / Miller t apprve. Discussin: Kastrsky nted we are dwn $11,000 frm last year, expenses are dwn as well; in the past 10 years the Zning Dept. had excess revenue; mtin carried- 3 yes / 0 n. At this time it was nted the public hearing / meetings will be back n the summer schedule beginning May 21 st (4:00 PM). 12. ADJOURNMENT: Mtin by Jardine / Miller t adjurn at 2:52 PM; carried. Karl L. Kastrsky, Planning / Zning Directr Bayfield Cunty Planning / Zning Dept. Prepared by MJJ n 04/27/2009 Apprved by 04/27/2009 cc: Administratr; Clerk; Crp.Cunsel; DNR; Cmmittee; Supervisrs; Sheree Bye Delta Lake Rd, Irn River WI K/ZC/Minutes/2009/April Page 6 f 6