1. Call Meeting To Order
Chair Dennis Kussmann called the meeting to order at 12:30 p.m.
2. Roll Call
Shoreland Zoning Advisory Committee Members Present: Chris Klein (Little Hope Millpond/Town of Dayton), Bruce Golding (Little Hope Millpond/Town of Dayton), Kay Ellis (Chain O’Lakes Property Owners Association), Richard Mann (Lake Leader Representative), TJ Tooley (Pigeon Lake), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), John Penney (County Board/Planning & Zoning Committee), Bob Ellis (County Board/Planning & Zoning Committee), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), David Johnson (County Board/Board of Adjustment/Waupaca River), John Skyrms (Old Taylor Lake Association), Kent Gibbs (Stratton Lake Association President), Joe Udoni (Realtor), Bob Underberg (Chain O’Lakes Property Owners Association), James Loughrin (County Board/Board of Adjustment), Terry Murphy (Iola Lake District/County Board/Planning & Zoning Committee), G. Robert Flease (County Board/Wolf River) and Dennis Timm (Landscaper/Waupaca River).
Shoreland Zoning Advisory Committee Members Excused: Terry Martin (Architect) and Tom O’Day (Waupaca & Wolf River).
Others present: Gerald Murphy (County Board), Dale Trinrud (Town of Farmington) and Bob Olson (Waupaca River).
Staff Present: Ryan Brown, Jean Gliniecki, Jeff Henneman and Jason Snyder.
3. Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public. Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”
4. Approve Agenda As Presented
Bob Underberg motioned to approve the agenda as presented. The motion was seconded by Bob Ellis. Motion carried unanimously.
5. Approve and Sign Minutes from the February 12, 2013; February 26, 2013 and March 12, 2013 meetings.
Patricia Craig motioned to approve these minutes as sent out. The motion was seconded by Bob Underberg. The motion was carried.
6. The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance. A memo was handed out for the proposed revisions to the nonconforming structures section of the Shoreland Zoning Ordinance.
A
principal structure which is nonconforming as to shoreline setback and which is
located between 3550
feet from the ordinary high water mark and the required setback may be expanded
provided under the following parameters:
No expansion is permitted within 50 feet of the
OHWM;
a)
All
expansion is located on the landward side of the existing structure, wherever
practicable;
b)
The
overall footprint of the enclosed nonconforming principal structure (living
space) after expansion does not exceed 1700 square feet;
c)
Impervious
surface standards of Section 6.16 are complied with;
d)
Only
one expansion over the life of the structure is permitted;
e)
Expansion
shall not include a new basement under an existing structure or conversion of a
crawlspace to a basement but a basement may be constructed under a new addition
and;
f)
Expansion
must comply with all other ordinance provisions including mitigation
requirements.
g)
As an
alternative to expansion under Section 8.32(2)a-g above, an additional story no
larger than the footprint of the original structure and not exceeding 28 feet
in height may be permitted. Height shall be measured from the lowest exposed
point of the structure to the peak of the roof.
1) VERTICAL EXPANSION OF A NONCONFORMING PRINCIPAL STRUCTURE.
An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per Section 7 may be expanded vertically, provided that all of the following requirements are met:
a) The use of the structure has not been discontinued for a period of 12 months or more.
b) The existing principal structure is at least 35 feet from the ordinary high-water mark.
c) Vertical expansion is limited to the height allowed in section 4.3
d) The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 8.34.
e) All other provisions of the shoreland ordinance shall be met.
2) EXPANSION OF A NONCONFORMING PRINCIPAL STRUCTURE BEYOND SETBACK. An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback under Section 7 may be expanded horizontally, landward or vertically provided that the expanded area meets the building setback requirements per Section 7 and that all other provisions of the shoreland ordinance are met. A mitigation plan is not required solely for expansion under this paragraph, but may be required per Section 6.22.
3) REPLACEMENT OR RELOCATION OF NONCONFORMING PRINCIPAL STRUCTURE An existing principal structure that was lawfully placed when constructed but that does not comply with the required building setback per Section 7 may be replaced or relocated on the property provided all of the following requirements are met:
a) The use of the structure has not been discontinued for a period of 12 months or more.
b) The existing principal structure is at least 35 feet from the ordinary high-water mark.
c) No portion of the replaced or relocated structure is located any closer to the ordinary high-water mark than the closest point of the existing principal structure.
d) The county determines that no other location is available on the property to build a principal structure of a comparable size to the structure proposed for replacement or relocation that will result in compliance with the shoreland setback requirement per Section 7. The setback reductions in Section 5.4 shall be utilized in determining location availability.
e) The county shall issue a permit that requires a mitigation plan that shall be approved by the county and implemented by the property owner by the date specified in the permit. The mitigation plan shall meet the standards found in section 8.34, include enforceable obligations of the property owner to establish or maintain measures that the county determines are adequate to offset the impacts of the permitted expansion on water quality, near-shore aquatic habitat, upland wildlife habitat and natural scenic beauty. The mitigation measures shall be proportional to the amount and impacts of the replaced or relocated structure being permitted. The obligations of the property owner under the mitigation plan shall be evidenced by an instrument recorded in the office of the County Register of Deeds.
f) The county shall issue a permit that requires that all other structures on the lot or parcel that do not comply with the shore-land setback requirement per Section 7 and are not exempt under Section 5.5 to be removed by the date specified in the permit.
g) All other provisions of the shoreland ordinance shall be met inclusive of Section 5.4
Bob Van Epps motioned to eliminate 8.31(2)(a & b) below. The motion was seconded by TJ Tooley. Motion carried.
Bob Underberg motioned to amend Bob Van Epps motion to read to eliminate 8.31(2)(a-d) below and end the sentence in 8.31(2) after improved internally. The motion was seconded by TJ Tooley. The vote was 14 to 2. Motion carried.
It is the intent of these provisions to balance the public objectives of this ordinance with the interests of owners of nonconforming structures by:
1)
treating
structures which are most nonconforming and therefore offensive to the objectives of this
ordinance more restrictively than structures which are more nearly in
compliance with ordinance provisions; and by
2) allowing for the improvement or expansion of principal structures essential to the reasonable use of a property provided the adverse effects of such improvement or expansion are adequately mitigated.
1)
Nonconforming
accessory structures are limited to ordinary maintenance and repair and such
alteration as shall bring them into greater compliance with the terms and
objectives of this ordinance. Such structures shall not be improved or
expanded.
2)
Nonconforming
principal structures (buildings) may be improved internally. or expanded provided that:
a)
modification
or replacement involves no more than 25 percent of the perimeter of the
structure or one wall, whichever is greater and
b)
the
lifetime total of all expansions is limited to 50 percent of the structure's
enclosed footprint which existed at the time the structure became nonconforming
except where Section 8.32 and 8.33
allows a lesser degree of expansion.
c)
the
associated sanitary system is brought up to current standards for new
construction, [justified by
increased loading of the system and authorized by DSPSCOMM 383.03
& 383.25;
d)
the
existing structure (prior to modification or replacement) is constructed on a
full foundation that extends at least 4 ft. below ground or one that is
certified by a registered engineer or architect to be adequate for the proposed
construction;
3) A structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged so as to increase its dimensional nonconformity.
4) An existing principal structure that was lawfully placed when constructed
but that does not comply with the required building setback per section 7 may
be maintained and repaired within its existing building envelope. Maintenance
and repair includes such activities as interior remodeling, plumbing,
insulation, and replacement of windows, doors, siding, or roof. Maintenance
and repair does not apply to roof pitch modification or window modification
resulting in an increase of the waterward façade as specifically addressed in
Section 8.32. Structures located in a floodplain shall be subject to the
provisions of any applicable floodplain zoning ordinance.
5) Impervious surface standards of Section 6.2 are complied with.
6) In the application of Sections 8.32 and 8.33, a structure shall be regulated by the requirements of the most restrictive zone (0-35 or 35-required setback) in which it is located.
A
principal structure which is nonconforming as to shoreline setback and which is
located within 35 50 feet of the ordinary high water mark may be
improved internally subject to the limitation of Section 8.31(2)(a) but may not
be expanded. Such improvement shall be confined to enclosed portions of the
building envelope which existed at the time the structure became nonconforming
and shall not include new basements or additional stories. However the
following modifications are permitted:
(a)
1) Replacement
of siding and upgrading of insulation;
(b)
2)
Replacement of roofing and modification of roof pitch provided modification
does not exceed a 6:12 (rise to run) roof pitch, modification does not result in a volumetric expansion of
living space; and
(c)
3)
Replacement and modification of windows provided no more than 50% of the
waterward façade is converted to glass.
Bob Underberg motioned to eliminate the above sentence in 8.31(4) and eliminate 8.32(3). The motion was seconded by John Skyrms. The motion was carried.
Modifications
to roof pitch and window placement permitted in Sections 8.32(2 & 3 1b&c)
shall require 2 points of mitigation consistent with the provisions of Section
8.32(4)4.
(d) Expansion
of Existing Commercial Structures provided:
The structure is limited to the
permitted and conditional uses listed for the C-S (Service Commercial) zone;
Such expansion shall be located
on the landward side of the existing structure;
There shall be no increase in
the area of impervious surfaces;
The area of the expansion may
not exceed 1500 square feet;
No more than 50% of the lot may
be occupied by buildings; and
A mitigation plan under
Section 8.32(4) shall be submitted to the Zoning Administrator for approval
prior to issuances of a zoning permit. The plan shall be implemented
concurrent with expansion of the building.
4.23 (2) VISUAL CLEARANCE TRIANGLE There was some discussion on the visual clearance triangle, but no vote was taken.
7. Public Comment. There was none.
The Committee decided to meet the fourth Wednesday of every month, so the next meeting date will be Wednesday, May 22, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse.
8. Adjourn
At 2:35 p.m., John Penney motioned to adjourn the meeting. The motion was seconded by Dennis Kussmann. Motion carried unanimously.