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: Kay Ellis (Chain O’Lakes Property Owners Association), Richard Mann (Lake Leader Representative), TJ Tooley (Pigeon Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), John Penney (County Board/Planning & Zoning Committee), Bob Ellis (County Board/Planning & Zoning Committee), John Skyrms (Old Taylor Lake Association), 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), Dennis Timm (Landscaper/Waupaca River), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), Tom O’Day (Waupaca & Wolf River) and Caroline Murphy (Town of Farmington).
Shoreland Zoning Advisory Committee Members Excused: David Johnson (County Board/Board of Adjustment/Waupaca River), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), G. Robert Flease (County Board/Wolf River), Kent Gibbs (Stratton Lake Association President), Bob Olson (Waupaca River), Chris Klein (Little Hope Millpond/Town of Dayton), Joe Udoni (Realtor) and Terry Martin (Architect).
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
Patricia Craig motioned to approve the agenda as presented. The motion was seconded by Bob Underberg. Motion carried unanimously.
5. Approve and Sign Minutes from the July 24, 2013 meeting.
The Committee had much discussion and a couple of rescinded motions on the previous changes to Sec. 5.58. TJ Tooley motioned to approve the minutes with the exception of Sec. 5.58 until staff can check previous meeting minutes to clarify the changes to it. The motion was seconded by Bob Underberg. The motion was carried.
6. Public Comment. There was no public comment.
7. The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance. The Committee started with Section 6.25 –
Kay Ellis suggested adding “the Planning and Zoning Office determines that” as stated below:
6.25 Impervious Surface Mitigation Standards
Lots proposing development with less than eighty-five (85) percent vegetative cover but not less than seventy (70) percent vegetative cover must develop and implement a plan to restore and maintain native vegetation within thirty-five (35) feet of the ordinary high water mark. Where the Planning and Zoning Office determines that restoring native vegetation is not possible the property owner shall develop and implement a rain garden designed by the Land and Water Conservation Department to catch and retain a minimum of the amount of impervious surface that is in excess of the allowable fifteen (15) percent. Where the Planning and Zoning Office determines that neither of the above methods are possible, the Planning and Zoning Office shall work with the property owner to determine an appropriate mitigation alternative.
The mitigation plan shall contain a tangible compliance schedule and be recorded on the deed of the property.
Kay Ellis motioned to approve the above changes. The motion was seconded by Richard Mann. The motion was carried.
Bob Underberg motioned to approve Sec. 6.3 with the wording added by Ryan Brown. The motion was seconded by TJ Tooley. Richard Mann voted no. The motion was carried.
Soil conservation practices such as tiled terraces, runoff diversions and grassed waterways used for erosion control shall not require a permit under Section 6.2 when designed and constructed to Natural Resource Conservation Service technical standards.
6.432
Existing Agricultural Drainage Ditches
The maintenance of existing agricultural drainage systems shall be permitted in conformity with the following construction standards:
1)
The
maintenance dredging of farm drainage ditches is limited to reestablishing the
original ditch cross section unless a conditional use permit under Section 6.322
is obtained.
2) Ditch banks shall be constructed at a slope of 2 horizontal to 1 vertical (50% grade) or flatter.
3) Ditch banks shall be maintained in a sod cover and free of woody vegetation.
4) A 10-foot wide buffer strip of untilled, ungrazed sod cover shall be maintained adjacent to the ditch bank.
Jason Snyder checked with Land & Water Conservation and according to them the 2 to 1 slope is doable.
7.62 Maximum Density of Multiple Structures on a Single Parcel:
Multiple principal structures may be permitted on a single parcel in the Waterfront Camp or Institution Shoreland Zone provided that the density of the parcel is 20,000 square feet or greater per dwelling unit. If seasonal (including existing trailers or mobile homes/manufactured homes) or year round principal structures are single family, they are limited to single family use for perpetuity.
John Skyrms motioned to add “manufactured homes” to Sec 7.62. The motion was seconded by Bob Underberg. The motion was carried.
8.34 Mitigation
8.34 (2) The
following mitigation practices are mandatory for all such
projects requiring mitigation:
a) The associated
privately owned wastewater treatment system must be evaluated and upgraded as
appropriate [COMM SPS 383.03
& 383.25]
b) Standard erosion and storm water runoff control measures must be implemented and all mitigation activities shall comply with Section 6.0 regarding land disturbing activities.
Caroline Murphy motioned to add “activities.” to Section 8.34 (2). The motion was seconded by Bob Ellis. The motion was carried.
8.34 (3) In addition,For projects requiring mitigation under Sections
5.44, 6.22 and 8.33 a property owner shall choose at least
four points from among the following mitigation practices. For projects requiring mitigation under Sections 8.32
a property owner shall choose at least two points from among the
following mitigation practices: . The property
owner can use current equal practices to obtain the necessary 4 points. At
least one point of mitigation shall be obtained from restoring or maintaining
native vegetation and water quality protection functions of the shore buffer
area within 25 ft. of the ordinary high water mark.
Bob
Ellis motioned to take out 6.22, to change the semi colon to a period after “practices: .” and to take out “4” after
necessary. The motion was seconded by Bob Underberg. The motion was
carried.
8.34 (3) (a-g) Mitigation practices.
Dennis Timm suggested adding rain gardens to the list of practices to choose from. The Committee decided to clarify rain gardens at the next meeting.
The Committee asked staff to determine the mitigation points and report back at the next meeting.
There was much discussion on the word “artificial” sand beaches in 8.34(3)(g). The Committee decided to leave it as is.
8.35(1)(d) Repairs are authorized under this provision only to the extent that they are necessary to repair the specific damage caused by violent wind, vandalism, fire or flood, ice, snow, mold or infestation and only that portion of the nonconforming structure that has been destroyed may be reconstructed. Mold or infestation shall be verified by a certified inspector.
John Skyrms motioned to approve the added language as stated above. The motion was seconded by TJ Tooley. The motion was carried.
8.35(1)(e)
In conformity
with provisions of Sec. 8.3432(4).
Bob Ellis motioned to take out Sec. 8.35(1)(e) completely. The motion was seconded by Bob Underberg. The motion was carried.
8.35(4) (2) A nonconforming structure, to which Section 8.35(3)
applies, “may be larger” than the size it was immediately before the damage or
destruction if necessary for the structure to comply with applicable state or
federal requirements.
The Committee thought that staff should research the “may be larger” in the above section and report back at the next meeting.
The next Shoreland Zoning Advisory Committee meeting will be on Wednesday, September 25, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse and will begin at Sec. 8.35(2).
8. Adjourn
Bob Underberg motioned to adjourn the meeting at 11:00 a.m. The motion was seconded by TJ Tooley. Motion carried unanimously.