WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING
MINUTES –January 9, 2014
ON-SITE INSPECTIONS: The Committee made on-site inspections starting at 8:15 a.m. on the Big Falls Bow Hunters, Inc, property, Town of Wyoming; Shannon Trepanier-Grove property, Town of St. Lawrence and the Harry B. & Verna F. Owens Rev Trust property, Town of Farmington.
Chm. Penney called the meeting to order at: 10:00 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present.
D. Kussmann moved and R. Ellis seconded the motion to change the order of the agenda to move Public Comment prior to the Selected Revisions to the Waupaca County Shoreland Zoning Ordinance, Waupaca County Code of Ordinances, Chapter 32. The motion was carried.
R. Ellis moved and D. Federwitz seconded the motion to approve the minutes from the November 14, 2013 meeting. The motion was carried.
APPEARANCE:
Scott Koehnke, Department of Natural Resources discussed Shoreland Zoning. He pointed out that small changes have a large collective effect on the environment.
PUBLIC HEARINGS:
The first public hearing was called to order at 10:18 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Big Falls Bow Hunters, Inc: Located in Sec. 25, Town of Wyoming, lying along Petersen Road, Fire Number N10140, Waupaca County, Wisconsin; for a Conditional Use Permit application for an Outdoor Public Recreation - Active (archery range) in an AWT (Agriculture and Woodland Transition) District on approximately 9.1 acres. The Committee and Ryan Brown, Planning & Zoning Director, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Dennis Kersten was sworn in to testify. Mr. Kersten said he is the President of the Big Falls Bow Hunters club. Mr. Kersten said the Big Falls Bow Hunters club has an existing archery range at the location and was unaware that it required a Conditional Use Permit application.
Arlyn Splitt was sworn in to testify. Mr. Splitt said he is the Director and also a member of the Big Falls Bow Hunters club. Mr. Splitt said the Big Falls Bow Hunters club is a private, members only club and archery range, not a gun shooting range.
Chm. Penney called three times for any testimony in favor to the application. There was none.
Chm. Penney called three times for any testimony in opposition to the application.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
January 9, 2014
David Schmidtt was sworn in to testify. Mr. Schmidtt said he is an adjacent landowner and has some concerns regarding safety and members shooting guns at the location. Mr. Schmidtt read one (1) letter addressed to him from a member of the Big Falls Bow Hunters club.
Deb Giuffre read two (2) letters, one (1) from the Town of Wyoming and one (1) from the Comprehensive Planning Committee for the Town of Wyoming, recommending approval of the application with conditions.
Dennis Kersten came back for rebuttal. Mr. Kersten said the Big Falls Bow Hunters club members site in their guns prior to the hunting season and the application is for an archery range.
D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for the Conditional Use Permit application. The Town of Wyoming Planning Commission and the Town Board of Wyoming approved this request for an archery range only. The following conditions must be met: The applicant shall check with the Commercial Building Inspector to make sure that the Club House meets all the required building codes. A Sanitary Permit shall be obtained from the Waupaca County Planning & Zoning Office to install a code complying sanitary system to address the interior plumbing. Required parking is one (1) space per four (4) expected patrons at maximum capacity. This Conditional Use Permit shall be reviewed by the Planning & Zoning Committee in one (1) year from today’s date, which would be by January 9, 2015. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and R. Ellis seconded the motion to close the hearing at 11:00 a.m. The motion was carried.
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The second public hearing was called to order at 11:01 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Shannon Trepanier-Grove: Located in part of the SE ¼ of the SE ¼ of Sec. 18, Town of St. Lawrence, lying along County Highway B, Fire Number E2859, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Commercial Animal Facility (dog kennel) in an AR (Agriculture Retention) District on approximately 2.3 acres. The Committee and Ryan Brown, Planning & Zoning Director, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Attorney Robert Forseth was sworn in to testify. Mr. Forseth said he is representing Shannon Trepanier-Grove. Mr. Forseth said Ms. Trepanier-Grove entered into a land contract of the property that had an existing dog kennel and was unaware that she needed a Conditional Use Permit. Mr. Forseth said he would like to request that the Planning & Zoning Committee postpone the hearing to allow for Ms. Trepanier-Grove to resolve issues with the Town of St. Lawrence and the property owner.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
January 9, 2014
D. Kussmann moved and R. Ellis seconded the motion to POSTPONE the application for the Conditional Use Permit application. The applicant’s attorney requested a thirty (30) day postponement in order to meet with the Town of St. Lawrence to resolve issues with some of the conditions that the Town wanted to have in place for this facility and also, to settle a property dispute with the current land contract. The Committee will continue this public hearing at its next regularly scheduled meeting in February, in which the date is yet to be determined. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to postpone the application. R. Ellis moved and D. Kussmann seconded the motion to adjourn the hearing at 10:11 a.m. The motion was carried.
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The third public hearing was called to order at 10:12 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Harry B. & Verna F. Owens Rev Trust: Located in part of the NW ¼ of the SW ¼ of Sec. 25, Town of Farmington, lying along County Highway QQ, Fire Number N3061, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an RC-N (Rural Commercial-Neighborhood) District to an RR (Rural Residential) District to make the Zoning District consistent with the current use on the property (an existing residential dwelling) on approximately 1.14 acres. The Committee and Ryan Brown, Planning & Zoning Director, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
The applicant did not appear for the hearing.
Jean Gliniecki, Zoning Administrator, gave a summary of the Petition for Zoning Map Amendment application request. Ms Gliniecki said that when this property was divided, it was the recommendation that the property with the residential dwelling on it be rezoned from RC-N (Rural Commercial - Neighborhood) District to the RR (Rural Residential) District, which is consistent with the current use and the Town’s Comprehensive Plan.
T. Murphy moved and D. Federwitz seconded the motion to GRANT the application for Petition for Zoning Map Amendment. The Town Board of Farmington approved this amendment and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; R. Ellis—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the zone change. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 11:18 a.m. The motion was carried.
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The fourth public hearing was called to order at 11:28 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, R. Ellis and D. Federwitz, all present for the SELECTED REVISIONS TO: THE WAUPACA COUNTY SHORELAND ZONING ORDINANCE, WAUPACA COUNTY CODE OF ORDINANCES, CHAPTER 32. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
January 9, 2014
Ryan Brown, Planning & Zoning Director, presented the proposed revisions to the Waupaca County Shoreland Zoning Ordinance, Waupaca County Code of Ordinances, Chapter 32.
Public Comment:
John Hebbring said he disagreed that sod is considered fill in the vegetation protection area.
Jason Snyder, Deputy Zoning Administrator, explained that within the vegetation protection area fill is prohibited.
Marilynn Dixon said she lives on Marl Lake and is involved with outdoor education and is opposed to increasing the view corridor.
Reverend Larry Liebe said he is representing Spencer Lake Bible Camp and would like the Shoreland Ordinance rules and regulations to be flexible with modifications. Mr. Liebe read one (1) letter from Representative Kevin Peterson in regards to issuance of permits and disability accommodations.
Ron Reynolds said he wanted clarification on the view corridor and clear cutting.
Jason Snyder, Deputy Zoning Administrator, read Section 5.58 View Corridor of the Shoreland Zoning Ordinance.
Carol Alvery said she lives on Shadow Lake and she is in favor of the natural shoreline and is opposed to increasing the view corridor.
Reid Rocheleau said he is representing his brother Dennis Rocheleau who lives on Long Lake and is concerned with the quality of the environment and is opposed with increasing the view corridor.
Phillip Peterson said he is opposed to changing the regulations regarding the view corridor.
Richard Conover said he lives on Rainbow Lake and strongly opposes widening the view corridor and clear cutting.
Jane Haasch said she does not live on the lake, but encourages preservation of the natural land.
Kay Ellis said she is opposed to the proposed widening and clear cutting of the view corridor on the lakes and rivers. Ms. Ellis encouraged education on the shoreline and vegetation protection.
Tania Wadzinski said she lives on the Little Wolf River and supports the Shoreline rules, but is opposed to the clear cutting and increasing the view corridor.
Mary Ann Wells said she lives on the Chain of Lakes and is opposed to the clear cutting.
Bob Underberg said he is a member of the Shoreland Advisory Committee and the Committee advised approval of the proposed Shoreland Zoning Ordinance and the view corridor.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
January 9, 2014
John Hebbring said he is opposed to a 100-foot width view corridor.
Patricia Craig said she is a member of the Shoreland Advisory Committee and that the Planning and Zoning Committee and the County Board have the ability to modify and amend the Shoreland Ordinance.
Reid Rocheleau said that the Shoreland Ordinance should be more restrictive on clear cutting.
Deb Giuffre and Chm. Penney read twenty-four (24) letters in opposition to Sec. 5.58 View Corridor of the Shoreland Zoning Ordinance.
1) Establishment
of view and access corridor(s) on each lot containing a principal structure may
be created by the removal of trees and shrubs and selective pruning in the
vegetation protection area to create viewing and access corridors, provided
that the combined width of the viewing and access corridor(s) on a riparian lot
or parcel may not exceed the lesser of thirty (30) percent of the shoreline
frontage or one hundred (100) thirty (30) feet. Sufficient trees and
shrubbery shall be retained to screen development from view from the water.
2) Clear
cutting, filling, grading, and other land disturbing activities are not
permitted. on trout streams listed in the most current Wisconsin Department
of Natural Resources Publication “Wisconsin Trout Streams”.
The Committee recommended all the revisions to the Waupaca County Shoreland Zoning Ordinance along with the above revision as listed to the Waupaca County Board for their approval at their next meeting on February 18, 2014. Roll call vote was taken: J. Penney—no; D. Kussmann—yes; R. Ellis—yes; D. Federwitz—no and T. Murphy—yes, three (3) to two (2) vote to approve the revisions. D. Kussmann moved and R. Ellis seconded the motion to close the hearing at 1:10 p.m. The motion was carried.
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D. Kussmann moved and T. Murphy seconded the motion to adjourn the meeting at 1:14 p.m. The motion was carried. The Committee adjourned.
Respectfully submitted,
Robert Ellis, Secretary
Waupaca County Planning & Zoning Committee
cc: County Clerk
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