WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING
MINUTES – OCTOBER 30, 2014
ON-SITE INSPECTIONS: The Committee made on-site inspections starting at 8:00 a.m. on the Tammy A. Bucholtz property, Town of Helvetia; the Malia L. Ryan property, Town of Little Wolf; the Robert R. & Nancy R. Ruggles property, Town of Little Wolf and the David C. & Deborah S. Schneider property, Town of Farmington.
Chm. Penney called the meeting to order at: 10:02 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present.
D. Federwitz moved and W. Wilfuer seconded the motion to approve the agenda as presented. The motion was carried.
D. Kussmann moved and T. Murphy seconded the motion to approve the minutes from the September 11 and September 18, 2014 meetings. The motion was carried.
Public Comment: There was none.
PUBLIC HEARINGS:
The first public hearing was called to order at 10:05 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 the proposed Comprehensive Plan Amendment: The proposed amendment is to adopt the Waupaca County Farmland Preservation Plan as Appendix C and to adopt the Inventory and Trends Report as Appendix D. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Ryan Brown, Planning & Zoning Director, explained the amendment to adopt the Waupaca County Farmland Preservation Plan as Appendix C and to adopt the Inventory and Trends Report as Appendix D. Mr. Brown said that Waupaca County has received a verbal certification from the Department of Agriculture Trade Consumer Protection (DATCP).
Chm. Penney called three times for any testimony in favor to the application.
Patricia Craig was sworn in to testify. Ms. Craig said she is in favor of the proposed amendment to adopt the Waupaca County Farmland Preservation Plan to protect and preserve farmland.
Chm. Penney called three times for any testimony in opposition to the application. There was none.
T. Murphy moved and W. Wilfuer seconded the motion to APPROVE the Comprehensive Plan Amendment to adopt the Waupaca County Farmland Preservation Plan as Appendix C and to adopt the Inventory and Trends Report as Appendix D. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote. T. Murphy moved and D. Kussmann seconded the motion to close the hearing at 10:18 a.m. The motion was carried.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – OCTOBER 30, 2014
The second public hearing was called to order at 10:19 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 Tammy A. Bucholtz: Located in part of the NW ¼ of the SE ¼ excluding the South 10 acres and the North 30 acres of the NE ¼ of the SW ¼ of Sec. 29, Town of Helvetia, lying along Netzler Road, Fire Number N7876, Waupaca County, Wisconsin; for a Conditional Use Permit application for the placement of three (3) recreational vehicles intended for temporary living purposes in excess of 30 days in an PVRF (Private Recreation and Forestry) District on approximately 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.
Tammy A. Bucholtz and Everett Schultz were sworn in to testify. Ms. Bucholtz said she has three (3) campers on the property that are stored and then used for deer hunting and recreational.
Everett Schultz said the campers are stored until summer and then taken out for camping and deer hunting and then put away for winter storage.
DuWayne Federwitz, Planning & Zoning Committee member asked if the uninhabitable camper could be removed.
Tammy A. Bucholtz and Everett Schultz said that they are in the process of cleaning up the property and had no objection to removing the old camper. Ms. Bucholtz said that their future plans are to restore the farmhouse or build a new house.
Ryan Brown, Planning & Zoning Director, explained that only one (1) dwelling is allowed per parcel. So in order to build or remodel the farmhouse, the property owners have the option of either splitting the property with the existing farmhouse on one parcel and the campers on another parcel or if they decide not to split the property, then they would need to tear down the farmhouse or convert it into a storage structure in order to be in compliance.
Jean Gliniecki, Zoning Administrator, explained development rights as they pertain to the campers and the existing dwelling.
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 Helvetia recommending approval of the application with conditions.
Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application request and recommended approval with conditions.
D. Federwitz moved and D. Kussmann seconded the motion to GRANT the application for Conditional Use Permit due to the following: The Town of Helvetia Planning Commission and the Town Board of Helvetia have both recommended approval of this permit and it is consistent with the Town
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – OCTOBER 30, 2014
Comprehensive Plan. The following conditions MUST be met: The applicant must have a County approved sanitary system on the property. The old camper on the property must be removed by June 1,
2015. The Committee will be reviewing this Conditional Use Permit by June 1, 2015 to see that the applicant has split off the old existing farmhouse from the property so that there are not two dwellings located on one parcel. If the applicant decides not to split the property, they have the option to either tear down the old farmhouse or convert it into a storage building by June 1, 2015. 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 W. Wilfuer seconded the motion to close the hearing at 10:41 a.m. The motion was carried.
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The third public hearing was called to order at 10:42 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 Malia L. Ryan: Located in part of the NE ¼ of the NW ¼ of Sec. 15, Town of Little Wolf, lying along Progress Road, Fire Number E6211, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Mini-Warehouse in an AE (Agriculture Enterprise) District on approximately 11.81 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.
Malia Ryan was sworn in to testify. Ms. Ryan said she would like to change the site plan location on the approved mini storage unit and it will remain the same dimensions.
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 with conditions.
Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application request and recommended approval with conditions and proper permits.
D. Kussmann moved and T. Murphy seconded the motion to GRANT the application for Conditional Use Permit due to the following: The Town of Little Wolf Planning Commission and the Town Board of Little Wolf have approved this request and it is consistent with the Town Comprehensive Plan. The following conditions MUST be met: All garbage, refuse, debris, etc. shall be contained at all times. All vegetation surrounding the storage units shall be maintained. Rotten granite shall be utilized to keep the dust down, if it is not blacktopped. The applicant must obtain a Land Use Permit from the Planning & Zoning Office prior to the construction of the Mini-Warehouse. The applicant must obtain a Building Permit from the local Building Inspector prior to the construction of the Mini-Warehouse. 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 W. Wilfuer seconded the motion to close the hearing at 10:50 a.m. The motion was carried.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – OCTOBER 30, 2014
The fourth public hearing was called to order at 10:51 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 Robert R. & Nancy R. Ruggles: Located in part of the SE ¼ of the SW ¼ of Sec. 29, Town of Little Wolf, lying along Spring Creek Road, Fire Number N5377, Waupaca County, Wisconsin; for a Conditional Use Permit application to exceed the allowable number of animal units (horses) in an AR (Agriculture Retention) District on approximately1.2 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.
Morgan Moede was sworn in to testify. Ms. Moede said she would like to have her four (4) horses at her current residence which requires a Conditional Use Permit for exceeding the allowable number of animal units on the property.
DuWayne Federwitz said that he had a concern with this many horses on such a small piece of property and if this is granted that it would set a precedence and then the Committee couldn’t deny anybody else.
Ryan Brown, Planning & Zoning Director, explained the allowable animal units per acre. Mr. Brown said that the animal units section of the Ordinance will be reviewed for possible adjustments or revisions this winter.
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 with the condition that there shall be a maximum limit of four (4) adult horses on the property.
Jean Gliniecki, Zoning Administrator, said that we were going to go with the Town’s recommendation but it’s up to the Committee and maybe we want to look at possibly revising this section of our ordinance.
D. Kussmann moved and W. Wilfuer seconded the motion to TABLE the application for Conditional Use Permit due to the following: The Committee felt that it is necessary to review this section of the Zoning Ordinance to determine if adjustments or revisions are appropriate. Once this review has been completed or by June 1, 2015, whichever comes first, the Committee will continue the public hearing for this Conditional Use Permit application. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to table the Conditional Use Permit application. The motion was carried at 11:13 a.m.
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The fifth public hearing was called to order at 11:14 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 David C. & Deborah S. Schneider: Located in part of the SE ¼ of the NE ¼ of Sec. 36, Town of Farmington, lying along Hill Street, Waupaca County, Wisconsin; for a Conditional Use Permit application for a Telecommunications
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – OCTOBER 30, 2014
Tower and Equipment Shelter in an RR (Rural Residential) District on approximately 1 acre. 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.
Todd Anderson was sworn in to testify. Mr. Anderson said he is the representative for U.S. Cellular and they would like to erect a tower and equipment building on the proposed site. Mr. Anderson said that U.S. Cellular did a performance study on three (3) properties and the proposed site was the best location. Mr. Anderson said there were some concerns regarding lighting and the Federal Aviation Administration (FAA) determination do not require lighting.
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.
Marlene Petersen and John Skyrms were sworn in to testify. Ms. Petersen said she owns neighboring property and is opposed to the Conditional Use Permit. Ms. Peterson said she has concerns that the area is mostly residential and a tower would affect the property values.
John Skyrms said he opposes the cell tower. Mr. Skyrms said there was no discussion on the application of collocation and recommends the Planning & Zoning Committee deny or table the Conditional Use Permit and request a collocation evaluation. Mr. Skyrms commented on the State Statute regarding Cell Tower placement.
Ryan Brown, Planning & Zoning Director, explained the collocation requirement in the previous ordinance and explained the Cell Tower Statutes.
Todd Anderson came back for rebuttal. Mr. Anderson said as for looking at collocation sites, there are no other sites in the search ring area. U.S Cellular is already on the sites that would be available for collocation. The proposed site is the best location within the search ring for U.S. Cellular’s network.
Deb Giuffre read four (4) letters, one (1) from the Town of Farmington recommending approval of the application and three (3) from neighboring property owners opposed to the application.
Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application request and recommended approval with conditions and proper permits.
D. Kussmann moved and T. Murphy seconded the motion to GRANT the application for Conditional Use Permit due to the following: The Town of Farmington Planning Commission and the Town Board of Farmington have both recommended approval of this request and it is consistent with the Town Comprehensive Plan. The following conditions MUST be met: MUST be in accordance with all of the regulations in the Mobile Service Facilities and Support Structures Ordinance. All required setbacks/fall zone must be met for the telecommunications tower and the equipment shelter. The applicant must obtain a Land Use Permit from the Planning & Zoning Office prior to the construction of the telecommunications tower and equipment shelter. The applicant must contact the local Building Inspector to see if a Building Permit is necessary for the construction of the telecommunications tower and equipment shelter. Roll call
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – OCTOBER 30, 2014
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 11:15 a.m. The motion was carried.
DISCUSS & POSSIBLE ACTION:
Ø Resolution No. 18 (2014-2015) to amend Waupaca County Ordinance No. 45 of the General Code of Ordinances Comprehensive Plan Map and Resolution 19 (2014-2015) to amend Waupaca County Ordinance No. 45 of the General Code of Ordinances Comprehensive Plan.
D. Kussmann moved and W. Wilfuer seconded the motion to adopt the resolutions for the Comprehensive Plan Amendments. The motion was carried.
Ø Revision to the Waupaca County Planning & Zoning Fee Schedule to add Comprehensive Plan Amendment with Zoning Map Amendment and Conditional Use Application with a fee of $800.00.
D. Federwitz moved and T. Murphy seconded the motion to approve the revision to the fee schedule. The motion was carried.
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The next Planning and Zoning Committee meeting has been scheduled for Thursday, November 20, 2014.
D. Kussmann moved and T. Murphy seconded the motion to adjourn the meeting at 12:03 p.m. The motion was carried.
Debra L. Giuffre
Recording Secretary
cc: County Clerk