WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING

MINUTES –FEBRUARY 12, 2015

 

 

ON-SITE INSPECTIONS:  The Committee made on-site inspections starting at 8:00 a.m. on the Wepner Farms property, Town of Lebanon; the Robi M. Felden property, Town of St. Lawrence; the John J. Rogge property, Town of Helvetia and the Corey C. & Melody A. Schuelke property, Town of Waupaca.

 

Chm. Penney called the meeting to order at 10:15 a.m. with the following members present:  J. Penney, D. Kussmann, T. Murphy and W. Wilfuer, present.  D. Federwitz was excused.

 

 D. Kussmann moved and W. Wilfuer seconded the motion to approve the agenda with the correction of Jon M. Petersen Family Trust to read Corey C. & Melody A. Schuelke.  The motion was carried.

 

T. Murphy moved and W. Wilfuer seconded the motion to approve the minutes from the October 30 and November 20, 2014 meetings.  The motion was carried.

 

Public Comment: There was none.

 

 

PUBLIC HEARINGS:

 

The first public hearing was called to order at 10:20 a.m. by Chm. Penney.  Roll call was taken with the following members present:  J. Penney, D. Kussmann, T. Murphy and W. Wilfuer.  D. Federwitz was excused.  Deb Giuffre read the names of persons notified of the hearing for Wepner Farms:  Located in Sec. 8, Town of Lebanon, lying off of County Highway N, Waupaca County, Wisconsin; for an after the fact Conditional Use Permit for a structure to be used for human habitation that doesn't meet the 22 foot minimum width requirement in an AR (Agriculture Retention) District on approximately 40 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.

 

Jeff Wepner was sworn in to testify.  Mr. Wepner said he is applying for a Conditional Use Permit to allow for the cabin on his property.  Mr. Wepner said he was unaware of the 22 foot minimum width requirement and the need for a Conditional Use Permit

 

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 two (2) letters, one (1) from the Town of Lebanon recommending approval of the application and one (1) from the County Highway Department with recommendations.

 

Jean Gliniecki, Zoning Administrator, said Mr. Wepner came into the office and was given all the necessary paper work to obtain permits to build a cabin.  The Planning & Zoning Office later found out that the cabin was built without any permits so a letter was sent to Mr. Wepner and he then applied for the Conditional Use Permit.  The Planning & Zoning Office recommends approval with the proper permits and the after the fact fee.

 

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – FEBRUARY 12, 2015

 

 

T. Murphy moved and W. Wilfuer seconded the motion to GRANT the application for Conditional Use Permit due to the following:  The Town Board of Lebanon has recommended approval of this request and it is consistent with the Town Comprehensive Plan. The following conditions MUST be met:  The applicant must have a County approved sanitary system on the property.  The applicant must obtain a Land Use Permit from the Planning & Zoning Office for the construction of the cabin. The applicant must obtain a Building Permit from the local Building Inspector for the construction of the cabin.  Roll call vote was taken:  J. Penney—yes; D. Kussmann—yes; W. Wilfuer—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 10:28 a.m.  The motion was carried.

 

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The second 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 and W. Wilfuer.  D. Federwitz was excused.  Deb Giuffre read the names of persons notified of the hearing for Robi M. Felden:  Located in Sec. 23, Town of St. Lawrence, lying along County Highway B, Fire Number E4142, Waupaca County, Wisconsin; for a Conditional Use Permit for a Commercial Animal Facility (dog breeding) in an AR (Agriculture Retention) District on approximately 7 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.

 

Katlyn Platta was sworn in to testify.  Ms. Platta said she recently moved to the Waupaca area and has a dog breeding business and has been in the business since 2008 in Portage County.  Ms. Platta said the Town of St. Lawrence informed her of the Conditional Use Permit requirement for the dog breeding business.

 

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

 

Gregory Baumgart was sworn in to testify.  Mr. Baumgart said he is the Chairman for the Town of St. Lawrence and that the Town of St. Lawrence is in favor of the application with conditions. Mr. Baumgart said the applicant is aware of the conditions set by the Town of St. Lawrence.

 

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

 

Carl Hartmann was sworn in to testify.  Mr. Hartmann said he owns neighboring property and is concerned with barking and waste removal.

 

William Brennan III was sworn in to testify.  Mr. Brennan said he owns neighboring property and is concerned with property values, barking and the business expanding.

 

Gregory Baumgart said that the conditions set by the Town of St. Lawrence addresses the neighbors concerns and he would provide them with a copy.

 

 

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – FEBRUARY 12, 2015

 

Deb Giuffre read two (2) letters, one (1) from the Town of St. Lawrence recommending approval of the application with conditions and one (1) from the County Highway Department with recommendations.

 

Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application request and recommends approval with conditions and the Committee may include all the conditions set by the Town of St. Lawrence.

 

D. Kussmann moved and W. Wilfuer seconded the motion to GRANT the application for Conditional Use Permit due to the following:  The Town of St. Lawrence Planning Commission and the Town Board of St. Lawrence recommended approval of this Conditional Use Permit and it is consistent with the Town Comprehensive Plan.  The following conditions MUST be met:

1.The Humane Officer of St. Lawrence Township will be permitted to conduct random inspections of the property where dogs are kept, housed, or raised.

a.       No prior notice will be required prior to performing an inspection.

b.      Obstruction, interference, or refusal by the owner to allow an inspection will not be tolerated and may result in suspension or revocation of the Conditional Use Permit.

c.       Any violations of these conditions, State Statutes, or County Ordinances discovered during an inspection must be remedied immediately. Costs for inspection and re-inspection, if necessary, will be paid by owner in the event any violations are discovered.

d.      Vaccination, license, and veterinarian records for all animals housed at the facility will be made available to the Humane Officer upon request.

2.  Required licenses for dogs kept on property must be obtained no later than January 31st of each year.

3.  No more than ten (10) dogs over the age of six (6) months may be kept at the property at the same time.  Any expansion beyond ten (10) dogs would require the Town of St. Lawrence approval and the Planning and Zoning Committee approval.

4.  Owner may sell animals born at that residence only.  Owner may not sell any animals from outside sources.

5.  All dogs kept on the property must have access to potable water and sufficient food as determined by the size and breed of the animal.

6.   All dogs must have clean and sanitary bedding.  Acceptable forms of bedding include but are not limited to: 1) Blankets; 2) Straw; 3) similar materials.

7.  The facility must have the ability to adjust heating, cooling, and ventilation for the dogs.  Each control must be in operational condition for the appropriate season of use.

8.  Kennels, run areas, and dog living space must be maintained in clean and sanitary condition.

9.  Dogs must be kept in a humane physical condition.  Dogs must be a healthy weight and adequately groomed as per the needs of each particular breed of the dog kept at the facility.

10.   Adequate fencing will be established around the kennel/kennel runs, so dogs will be contained.  The fence will be maintained and operational for as long as this Conditional Use Permit exists.

11.   Foul odors from the feces and waste must be limited and maintained for as long as this Conditional Use Permit exists.  Covering such waste in lime or a similar product will be treated as an acceptable control.

12.   The conditions included in this agreement will be reviewed annually for a probationary period of four (4) years following approval of the Conditional Use Permit.  After the probationary period, review will be performed as necessary by the Town Board’s discretion.  (The first annual review to be held by February 12, 2016.)

13.  Any retired dogs must be spayed or neutered that will be staying on the property.

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – FEBRUARY 12, 2015

 

Roll call vote was taken:  J. Penney—yes; D. Kussmann—yes; W. Wilfuer—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 11:03 a.m.  The motion was carried.

 

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The third public hearing was called to order at 11:04 a.m. by Chm. Penney.  Roll call was taken with the following members present:  J. Penney, D. Kussmann, T. Murphy and W. Wilfuer.  D. Federwitz was excused.   Deb Giuffre read the names of persons notified of the hearing for John J. Rogge:  Located on Lot 30 in the Second Addition to Blue Mountain Subdivision of Sec. 13, Town of Helvetia, lying along Lake Terrace Drive, Fire Number N8652, Waupaca County, Wisconsin; for an after the fact Conditional Use Permit for the placement of two (2) recreational vehicles intended for temporary living purposes in excess of 30 days. 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.

 

John Rogge was sworn in to testify.  Mr. Rogge said he is applying for a Conditional Use Permit for the existing recreational vehicles.  Mr. Rogge said he purchased the property from his brother in 1999 and there always was a recreational vehicle on the property and he was unaware of the permitting process.  Mr. Rogge said that there is a current well and electricity on the property but no septic.

 

Jason Snyder, Deputy Zoning Administrator, explained the sanitary regulations that a porta potty with a service contract needs to be provided.  Mr. Snyder said that if the well is ever used for domestic services that a septic system needs to be installed.  

 

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.

 

Jean Gliniecki, Zoning Administrator, gave a summary of the Conditional Use Permit application and recommended approval of the request with the conditions for the septic and well.  

 

 

T. Murphy moved and W. Wilfuer 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 recommended approval of this Conditional Use Permit and it is consistent with the Town Comprehensive Plan.  The following conditions MUST be met:  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 applicant must have a County approved sanitary system on the property.  If the existing well is ever utilized for residential/domestic use, a septic system must be installed on the property. Roll call vote was taken:  J. Penney—yes; D. Kussmann—yes; W. Wilfuer—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 11:16 a.m.  The motion was carried.

 

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – FEBRUARY 12, 2015

 

 

The fourth public hearing was called to order at 11:17 a.m. by Chm. Penney.  Roll call was taken with the following members present:  J. Penney, D. Kussmann, T. Murphy and W. Wilfuer.  D. Federwitz was excused.  Deb Giuffre read the names of persons notified of the hearing for Corey C. & Melody A. Schuelke:  Located in Sec. 31, Town of Waupaca, lying off the end of Hodgett Court, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an SR-20 (Sewered Residential Single-Family) District to an RR (Rural Residential) District to be consistent with the surrounding properties on approximately 14.371 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.

 

Corey Schuelke was sworn in to testify.  Mr. Schuelke said he is applying for a Petition for Zoning Map Amendment to allow for an accessory structure to be placed prior to the 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 Waupaca recommending approval of the application.

 

Jean Gliniecki, Zoning Administrator, said this property was rezoned to RS-20 (Residential Single-Family, 20,000 Sq. Ft. Lot Minimum) in 2004 for the development of a subdivision, but it was never developed.  During the Comprehensive Plan process this property was zoned SR-20 (Sewered Residential Single-Family) District and since this property is not going to have public sewer, it would be more consistent to have the property in the RR (Rural Residential) District.  The Planning & Zoning Office recommends approval of this Petition for Zoning Map Amendment.

 

 

D. Kussmann moved and T. Murphy seconded the motion to GRANT the application for  Petition for Zoning Map Amendment due to the following:  The Town of Waupaca Planning Commission and the Town Board of Waupaca have recommended approval of this request and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken:  J. Penney—yes; D. Kussmann—yes; W. Wilfuer—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 11:23 a.m.  The motion was carried.

 

 

APPEARANCE: 

 

Scott Konkle, East Central Wisconsin Regional Planning Commission, gave an update on the NR 135 Program – 2015 Budget/Fee Calculation Update.  D. Kussmann moved and W. Wilfuer seconded the motion to approve the increase of the fee to $40.00 per acre for the 2015 budget.   The motion was carried.

 

 

 

 

 

WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES – FEBRUARY 12, 2015

 

 

REVIEW:

 

Big Falls Bow Hunters, Inc. for a Conditional Use Permit (CP-001-14) in Sec. 25, Town of Wyoming for an Outdoor Public Recreation – Active (archery range only) in an AWT (Agriculture and Woodland Transition) District on approximately 9.1 acres.  D. Kussmann moved and T. Murphy seconded the motion to approve this review of the Conditional Use Permit and unless the Planning & Zoning Office receives any complaints, this permit does not need to come back for any further review.  The motion was carried.

 

 

DISCUSSION & POSSIBLE ACTION:

 

Ø  Planning & Zoning Office’s existing Ford F-150 and possible purchase of Land & Water Conservation’s van was discussed.  D. Kussmann moved and T. Murphy seconded the motion to purchase the van from the Land & Water Conservation Department and to sell the Ford F-150 as is.  The motion was carried.

Ø  Ryan Brown, Planning & Zoning Director gave an update on Farmland Preservation and the Department of Agriculture Trade Consumer Protection (DATCP) requires the RP (Resource Protection) overlays to be corrected in Farmland Preservation. 

Ø   Ryan Brown, Planning & Zoning Director gave an update on the draft Non-Metallic Mining Ordinance.

 

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The next Planning and Zoning Committee meeting has been scheduled for Thursday, March 5, 2015.

 

 

D. Kussmann moved and T. Murphy seconded the motion to adjourn the meeting at 12:38 p.m.  The motion was carried.

 

 

Debra L. Giuffre

Recording Secretary

 

cc: County Clerk