GOVERNMENTAL BODY:       WAUPACA COUNTY SHORELAND ZONING ADVISORY COMMITTEE MEETING

DATE:                                            WEDNESDAY, MAY 22, 2013

PLACE:                                          ROOM 1068, COURTHOUSE

                                                         811 HARDING ST., WAUPACA, WI

TIME:                                             9:00 A.M.

 

MEETING MINUTES

                                                                                                                       

OPEN SESSION

 

1.                  Call Meeting To Order

 

Chair Dennis Kussmann called the meeting to order at 9:05 a.m. 

 

2.                  Roll Call

 

Shoreland Zoning Advisory Committee Members Present:  Chris Klein (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), David Johnson (County Board/Board of Adjustment/Waupaca River), John Skyrms (Old Taylor Lake Association), Kent Gibbs (Stratton Lake Association President), 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), Dennis Timm (Landscaper/Waupaca River), Caroline Murphy (Town of Farmington) and Bob Olson (Waupaca River).

 

Shoreland Zoning Advisory Committee Members Excused:  Joe Udoni (Realtor), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), Terry Martin (Architect) and Tom O’Day (Waupaca & Wolf 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 April 16, 2013 meetings. 

 

Bob Underberg motioned to approve these minutes as sent out.  The motion was seconded by Bob Van Epps.  The motion was carried.

 

 

6.                  The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance.   

 

Bob Underberg motioned to eliminate Sec. 4.23(2) Visual Clearance Triangle (below) from the ordinance. The motion was seconded by Caroline Murphy.  Chris Klein objected, but when he realized this section was in the Zoning Ordinance, he withdrew his objection.  The motion was carried.  

 

4.23 (2) VISUAL CLEARANCE TRIANGLE

 

(ref WCZO 34. 2.07) Visual Clearance

All structures shall be setback from the visual clearance triangle

1. All State and Federal Highways in the county are hereby designated Class A highways.

2. All County Trunk Highways not designated Class A are hereby designated Class B highways.

3. All other roads in the county are hereby designated Class C highways.

4. In each quadrant of every street intersection there shall be designated a visual clearance triangle bounded by the street centerlines and a line connecting them 300 feet from a Class A highway intersection, 200 feet from a Class B highway intersection, and 150 feet from a Class C highway intersection. Within this triangle, no object or structure over 2 feet in height above these streets shall be allowed if it obstructs the view across the triangle. Posts or open fences are excluded from this provision. Natural vegetation and agricultural crops shall also be exempt from this provision.

5. An exception to the dimensional requirements for the visual triangle shall be made in a registered and approved platted area where Class C roads only are involved. Here, the visual triangle shall be bounded by the street centerlines and a line connecting them, 126 feet from the intersection.

 

 

Bob Underberg motioned to have “30 percent of the shoreline frontage or 100 feet” in Sec. 5.58 View Corridor as shown below.  The motion was seconded by TJ Tooley.  Motion carried.

 

The Committee discussed whether to allow cutting trees in the view corridor.

 

Bob Underberg motioned that in the view corridor the property owner should be allowed to do what they want in it.  The motion was seconded by Bob Flease.  A vote was taken:  10 were in favor, 6 were not in favor.  The motion was carried.

 

5.58 View Corridor

 

Establishment of a single view corridor on each lot containing a principal structure by selective pruning and removal of trees and shrubbery may be created by tThe removal of trees and shrubs and selective pruning in the vegetation protection area to create a single access and viewing corridors, provided that the combined width of all access and viewing corridors on a riparian lot or parcel may not exceed the lesser of 30 percent of the shoreline frontage or 200 100 feet. Clear cutting, filling, grading and other land disturbing activities are not permitted.  Sufficient trees and shrubbery shall be retained to screen development from view from the water.

 

 

Caroline Murphy motioned to eliminate the words “of open construction” in Sec. 5.59 Public Access as shown below.  The motion was seconded by Bob Underberg.  The motion was carried.

5.59  Public Access

Construction of facilities which provide public access to navigable waters provided the water quality, habitat and aesthetic objectives of this ordinance and its water classification policy are addressed by appropriate project location, design and mitigation measures approved by the Zoning and Land Conservation Departments.  Such facilities may include fencing of open construction.

 

 

Bob Underberg motioned that in Sec. 5.60 Forestry to remove the paragraph “Implementation of DNR approved Forest Stewardship Plans and management plans approved under the Managed Forest Law provided activities conform with the practices described in Wisconsin’s Forestry Best Management Practices for Water Quality Field Manual.  These practices include:”  The motion was seconded by Bob Ellis.  Motion carried.

 

 

Bob Underberg motioned that in Sec. 5.65(4) Fences to remove the sentence “However, open fences may be placed adjacent to public lands or by units of government to provide for public safety or security.”  The motion was seconded by Caroline Murphy.  The motion was carried.

 

 

Bob Underberg motioned to add “Sec. 5.66 Maintenance of Existing Town, County and State Right of Ways Existing Town, County and State highway right of ways and bridges may be maintained, repaired, replaced and reconstructed subject to the provisions of any applicable floodplain zoning ordinance.”  The motion was seconded by Caroline Murphy.  The motion was carried. 

 

 

Bob Underberg motioned to eliminate “Sec. 6.15  No more than 50% Land Disturbing Activities

No more than 50% of each shoreland lot may be disturbed for residential or commercial

Construction” from the ordinance.  The motion was seconded by Bob Ellis.  The motion was carried.

 

 

7.                  Public Comment.  There was none.

 

The next meeting date for the Shoreland Zoning Advisory Committee will be Wednesday, June 26, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse.

 

8.                  Adjourn

 

At 10:56 a.m., Bob Underberg motioned to adjourn the meeting.  The motion was seconded by Terry Murphy.  Motion carried unanimously.