WAUPACA COUNTY ZONING COMMITTEE MEETING

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING

MINUTES – April 17, 2014

ON-SITE INSPECTIONS: The Committee made on-site inspections starting at 8:00 a.m. on the Anthony L. & Pamela J. Beyer property, Town of Weyauwega; the Raymond J. Schalkowski et al property, Town of Weyauwega; the Michael Faulks et al property, Town of Weyauwega; the Brian Tesch et al property, Town of Weyauwega and the Kenneth M. & Randy L. Smith property, Town of Weyauwega.

Chm. Penney called the meeting to order at: 9:15 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present.

D. Kussmann moved and D. Federwitz seconded the motion to approve the agenda with the correction of the on-site inspections to read 8:00 a.m. The motion was carried.

Public Comment: There was none.

PUBLIC HEARINGS:

The first public hearing was called to order at 9:17 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Arthur R. Schuelke & Sons Inc: Located in part of the SW ¼ of Sec. 24, Town of Little Wolf, lying along Cedar Springs Road, Fire Number E7005, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an AE (Agriculture Enterprise) District to an RC-N (Rural Commercial-Neighborhood) District to represent the landowner and Town’s intent on approx 107.19 acres. There was no on-site inspection on this property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Ryan Brown, Planning & Zoning Director, explained that the Arthur R. Schuelke & Sons, Janice E. Rosenthal and Randall E. & Gail A. Huberty properties went through the Town of Little Wolf’s Comprehensive Plan Amendment and Zoning Map Amendment and were all approved. Those properties also went through the Waupaca County Comprehensive Plan Amendment process and were approved. Now the proposed Zoning Map Amendments are being applied for and are appropriate with their current use and consistent with the Town’s Comprehensive Plan.

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. There was none.

Deb Giuffre read one (1) letter from the Town of Little Wolf recommending approval of the application.

D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for Petition for Zoning Map Amendment. The Town of Little Wolf Planning Commission and the Town Board of Little Wolf approved this amendment and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 9:23 a.m. The motion was carried.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

The second public hearing was called to order at 9:24 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Janice E. Rosenthal: Located in part of the SW ¼ of the SE ¼ of Sec. 21, Town of Little Wolf, lying along Highway 22-110, Fire Number N5733, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an RR (Rural Residential) District to an RC-N (Rural Commercial-Neighborhood) District to represent the landowner and Town’s intent on approx .5 acres. There was no on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

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. There was none.

Deb Giuffre read one (1) letter from the Town of Little Wolf recommending approval of the application.

D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for Petition for Zoning Map Amendment. The Town of Little Wolf Planning Commission and the Town Board of Little Wolf approved this amendment and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 9:26 a.m. The motion was carried.

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The third public hearing was called to order at 9:27 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Randall E. & Gail A. Huberty: Located in part of the E ½ of the W ½ of the NW ¼ and Lot 7 of Little Wolf Heights Plat, lying along Summit Lane, Fire Number N5983 and also the W ½ of the SW ¼ of the NW ¼, lying along Butternut Road in Sec. 23, Town of Little Wolf, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an RR (Rural Residential) District to an AR (Agriculture Retention) District to represent the landowner and Town’s intent on approximately 57.8 acres. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Barbara Wickman was sworn in to testify. Ms. Wickman said she is representing the Mayford Schultz Estate and that they wanted to be informed of the use of the property

Ryan Brown, Planning & Zoning Director, said that the current property owner will be farming the property. The proposed Petition for Zoning Map Amendment to an AR (Agriculture Retention) District would also allow for eligibility for Farmland Preservation.

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.

Deb Giuffre read one (1) letter from the Town of Little Wolf recommending approval of the application.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

T. Murphy moved and D. Federwitz seconded the motion to GRANT the application for Petition for Zoning Map Amendment. The Town of Little Wolf Planning Commission and the Town Board of Little Wolf approved this amendment and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and D. Federwitz seconded the motion to close the hearing at 9:32 a.m. The motion was carried.

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The fourth public hearing was called to order at 9:33 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Anthony L. & Pamela J. Beyer: Located in part of the NE ¼ of the SW ¼ and the NW ¼ of the SE ¼ and also being part of Government Lot 4 in part of the NE ¼ of the SE ¼ of Sec. 10, Town of Weyauwega, lying along County Highway F, Fire Number E6485, Waupaca County, Wisconsin; for a Conditional Use Permit application for an On-Site Agricultural Retail (winery, brewery and pick your own produce) in an AWT (Agriculture and Woodland Transition) District on approximately 99.85 acres. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Pamela Beyer was sworn in to testify. Ms. Beyer said her family would like to establish a business for a winery, brewery and pick your own produce.

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. There was none.

Deb Giuffre read four (4) letters, one (1) from the Town of Weyauwega, one (1) from the Town of Weyauwega special Board meeting, one (1) from the Town of Weyauwega Planning Commission recommending approval of the application and one (1) from the County Highway Department with comments regarding access.

Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application request and recommendations.

T. Murphy moved and D. Federwitz seconded the motion to GRANT the application for Conditional Use Permit. The Town of Weyauwega Planning Commission and the Town Board of Weyauwega have approved this request. The following conditions must be met: Must obtain a Sanitary Permit from the Planning & Zoning Office prior to construction of the building to be used for the business. Must obtain a Land Use Permit from the Planning & Zoning Office prior to construction of the building. Must contact the Commercial Building Inspector to obtain a Building Permit prior to construction of the building to be used for the business. This permit may include pre-packaged food meaning the business may serve only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving. Anything more than

that, would require the property to be rezoned to a commercial zoning district. Must contact the County Sanitarian for a permit if serving pre-packaged food. Roll call vote was taken: J. Penney—yes; D.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and Wayne Wilfuer seconded the motion to close the hearing at 9:48 a.m. The motion was carried.

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The fifth public hearing was called to order at 9:49 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Raymond J. Schalkowski et al: Located in part of Government Lot 5 of Sec. 11, Town of Weyauwega, lying along Gills Landing Drive, Fire Number N1811, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of two (2) recreational vehicles intended for temporary living purposes in excess of 30 days (campground) in an PVRF (Private Recreation and Forestry) District and FW (Floodway) District. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Raymond J. Schalkowski was sworn in to testify. Mr. Schalkowski said he has owned the property for seven (7) or eight (8) years and would like to continue to have the campers on the property that it is not a permanent site; the campers are taken off the property.

Ryan Brown, Planning & Zoning Director, gave a brief summary of the existing recreational vehicles on Gills Landing Drive and the property owners being in violation without permits.

Chm. Penney called three times for any testimony in favor to the application.

Dan Wilson was sworn in to testify. Mr. Wilson said he owns neighboring property and was in favor of all the campers being approved.

Chm. Penney called three times for any testimony in opposition to the application. There was none.

Deb Giuffre read three (3) letters, one (1) from the Town of Weyauwega, one (1) from the Town of Weyauwega special Board meeting and one (1) from the Town of Weyauwega Planning Commission recommending approval of the application.

D. Kussmann moved and W. Wilfuer seconded the motion to GRANT the application for Conditional Use Permit. The Town of Weyauwega Planning Commission and the Town Board of Weyauwega have approved this request. The following conditions must be met: The applicant must have a County approved sanitary system on the property. (Contact the Planning & Zoning Office.) The applicant is limited to a maximum of two (2) recreational vehicles to be parked on the property in excess of thirty (30) calendar days. The placement of a camping unit located in the Floodplain District shall not occupy any site for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. T. Murphy moved and D. Federwitz seconded the motion to close the hearing at 10:05 a.m. The motion was carried.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

-The Committee took a break-

The sixth public hearing was called to order at 10:10 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Michael Faulks et al: Located in part of Government Lot 5 of Sec. 11, Town of Weyauwega, lying along Gills Landing Drive, Fire Number N1790, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of two (2) recreational vehicles intended for temporary living purposes in excess of 30 days (campground) in an PVRF (Private Recreation and Forestry) District and FW (Floodway) District on approximately 1.50 acres. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Michael Faulks was sworn in to testify. Mr. Faulks said he has two (2) recreational vehicles on the property and was unaware of the permitting process.

Chm. Penney called three times for any testimony in favor to the application.

Brian Buchholz was sworn in to testify. Mr. Buchholz said he is representing Gladys Faulks, co-owner of the property, and that they are in favor of approving the application. Mr. Faulks said that he owns a trailer that is on the property and that it is movable.

Jeff Henneman, Land Use/Code Enforcement Specialist explained the Floodplain Ordinance and how it pertains to the recreational vehicles.

Chm. Penney called three times for any testimony in opposition to the application. There was none.

D. Kussmann moved and T. Murphy seconded the motion to GRANT the application for Conditional Use Permit. The Town of Weyauwega Planning Commission and the Town Board of Weyauwega have approved this request. The following conditions must be met: The applicant must have a County approved sanitary system on the property. (Contact the Planning & Zoning Office.) The applicant must obtain a Land Use Permit from the Planning & Zoning Office for the existing storage shed on the property. The applicant is limited to a maximum of two (2) recreational vehicles to be parked on the property in excess of thirty (30) calendar days. The placement of a camping unit located in the Floodplain District shall not occupy any site for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 10:23 a.m. The motion was carried.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

The seventh public hearing was called to order at 10:24 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Brian Tesch et al: Located in part of Government Lot 5 of Sec. 11, Town of Weyauwega, lying along Gills Landing Drive, Fire Number N1795, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of two (2) recreational vehicles intended for temporary living purposes in excess of 30 days (campground) in an PVRF (Private Recreation and Forestry) District and FW (Floodway) District. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Brian Tesch was sworn in to testify. Mr. Tesch said he currently has a shed and gazebo on the property. Mr. Tesch said he also keeps a camper on the property.

Jeff Henneman, Land Use/Code Enforcement Specialist, said Mr. Tesch needs to get the proper permits for the shed and gazebo.

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. There was none.

D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for Conditional Use Permit. The Town of Weyauwega Planning Commission and the Town Board of Weyauwega have approved this request. The following conditions must be met: The applicant must have a County approved sanitary system on the property. (Contact the Planning & Zoning Office.) The applicant must obtain a Land Use Permit from the Planning & Zoning Office for the existing gazebo on the property. The applicant is limited to a maximum of two (2) recreational vehicles to be parked on the property in excess of thirty (30) calendar days. The placement of a camping unit located in the Floodplain District shall not occupy any site for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 10:28 a.m. The motion was carried.

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The eighth public hearing was called to order at 10:29 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Kenneth M. & Randy L. Smith: Located in part of Government Lot 5 of Sec. 11, Town of Weyauwega, lying along Gills Landing

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

Drive, Fire Number N1785, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of two (2) recreational vehicles intended for temporary living purposes in excess of 30 days

campground) in an PVRF (Private Recreation and Forestry) District and FW (Floodway) District. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Randy Smith was sworn in to testify. Mr. Smith said he applied for the Conditional Use Permit application to be allowed to have his campers on his property.

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. There was none.

D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for Conditional Use Permit. The Town of Weyauwega Planning Commission and the Town Board of Weyauwega have approved this request. The following conditions must be met: The applicant must have a County approved sanitary system on the property. (Contact the Planning & Zoning Office.) The applicant is limited to a maximum of two (2) recreational vehicles to be parked on the property in excess of thirty (30) calendar days. The placement of a camping unit located in the Floodplain District shall not occupy any site for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the permit. D. Kussman moved and T. Murphy seconded the motion to close the hearing at 10:31 a.m. The motion was carried.

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The ninth continuation public hearing was called to order at 10:31 a.m. by Chm. Penney for Shannon Trepanier-Grove: Located in Sec. 18, Town of St. Lawrence, lying along County Highway B, Fire Number E2859, Waupaca County, Wisconsin; for the continuation of a Conditional Use Permit application for a Commercial Animal Facility (dog kennel) in an AR (Agriculture Retention) District on approximately 2.3 acres. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.

Ryan Brown, Planning & Zoning Director, said he received a phone call and that the applicant, Shannon Trepanier-Grove, has moved from the property.

D. Kussmann moved and W. Wilfuer seconded the motion to DENY the application for Conditional Use Permit. The applicant has moved from the property and is no longer requesting this Commercial Animal Facility (dog kennel). Although the proposal was consistent with the Town’s Plan, there were concerns

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –

April 17, 2014

regarding the adverse impact on the public health, safety, and welfare. Based on the Town of St. Lawrence and the Planning and Zoning Office’s dealings with the applicant concerning this proposal during this last year, the Planning and Zoning Committee have taken into consideration the

Town Board of St. Lawrence’s recommendation to deny this request. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to deny the permit. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 10:33 a.m. The motion was carried.

UPDATE:

Ø Ryan Brown, Planning & Zoning Director, gave an update on Farmland Preservation in the Townships and the process.

Ø Use of Tablet Technology, device, policy and support was discussed.

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The next regularly scheduled Planning & Zoning Committee meeting has been scheduled for Thursday, May 8, 2014.

D. Kussmann moved and D. Federwitz seconded the motion to adjourn the meeting at 11:03 a.m. The motion was carried.

Debra L. Giuffre

Recording Secretary

cc: County Clerk