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), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), David Johnson (County Board/Board of Adjustment/Waupaca River), G. Robert Flease (County Board/Wolf River), Bob Olson (Waupaca River), Jackie Beyer (Board of Adjustment/Town of Little Wolf/Little Creek) and Caroline Murphy (Town of Farmington).
Shoreland Zoning Advisory Committee Members Excused: Dennis Timm (Landscaper/Waupaca River), Tom O’Day (Waupaca & Wolf River), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), Kent Gibbs (Stratton Lake Association President), 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 Caroline Murphy. Motion carried unanimously.
5. Approve and Sign Minutes from the August 28, 2013 meeting.
TJ Tooley had questions on Section 6.25, so the section was changed as following:
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 runoff in excess of 15% of the 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.
Bob Underberg motioned to approve the minutes as revised above. The motion was seconded by TJ Tooley. 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 the questions from the last meeting concerning Section 5.58 View Corridor.
The Committee reviewed the handout that illustrated the four meeting dates that Section 5.58 had been discussed and the changes that were made at each of those meetings.
5.58 View and Access Corridor(s)
a)
Establishment
of a single view and access
corridor(s) 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 viewing and access corridors,
provided that the combined width of all the access and viewing viewing
and access corridor(s) 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.
b) Clear cutting, filling, grading and other land disturbing activities are not permitted on trout streams listed in the most current Wisconsin Department of Natural Resources Publication Wisconsin Trout Streams.
Bob Underberg motioned to approve adding the strikethrough sentence back into this section and to split the paragraph into a) and b). The motion was seconded by TJ Tooley. The motion was carried.
The Committee reviewed the memo concerning Sections 8.34 and 8.35.
5. e) Remove nonconforming accessory buildings from the shoreline
setback area [1 point per building of <100 sq. ft., 2 points per building of
100-400 sq. ft. and 3 points per building of >400 sq. ft.]. If there are
currently no accessory structures within the shoreline setback, property owner
receives 1 point.
6. f) Use exterior building
materials that blend with the natural vegetation in the vicinity of the
construction [1/2 point].
f) Install a rain garden designed by the Land & Water Conservation Department to catch, retain and assimilate runoff from the property into the ground [1 point for diverting the runoff from the principal structure to a rain garden and 1 point for diverting runoff from the property as a whole to a rain garden].
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.
Bob Ellis motioned to remove the last sentences in Section 8.34(3)(e), to approve Section 8.34(3)(f) as revised above and to completely remove Section 8.35(2). The motion was seconded by Richard Mann. The motion was carried.
The Committee reviewed Section 5.41.
Bob Flease motioned to have the garage exemption be either detached or attached (subject to the nonconforming section). The motion was seconded by Bob Underberg. The motion was carried.
The Committee agreed to leave Sections 8.36 and 8.4 as they are.
The Committee agreed to make the following changes to Section 9.11 through 9.19:
9.11 Permit System
Establish a A system
of permits for all new construction, development, reconstruction, structural
alteration or moving of buildings and structures. A copy of all applications
shall be required to be filed in the office of the County Planning and Zoning
Director.
9.12 Inspection
Establish rRegular
inspection of permitted work in progress to insure conformity of the finished
structures with the terms of the ordinance.
9.13 Variance
Establish a variance procedure which authorizes the bBoard of aAdjustment to grant such variance from the
terms of the ordinance as will not be contrary to the public interest where,
owing to special conditions and the adoption of the sShoreland zZoning oOrdinance,
a literal enforcement of the provisions of the ordinance will result in
unnecessary hardship.
9.14 Conditional Use
Establish a conditional use procedure.
9.15 Record keeping
The office of the County
Planning and Zoning Director county shall keep a complete
record of all proceedings before the bBoard
of aAdjustment and the Planning and Zoning Committee,
zoning agency and planning agency.
9.16 Department Notification of Hearing
Submit wWritten notice to
the appropriate office of the Department at least 10 days prior to any hearing
on a proposed variance, special exception or conditional use permit, appeal for
a map or text interpretation, map or text amendment, and copies of all proposed
land divisions submitted to the county for review under Section 3.0. Upon
request of the Department a county shall provide to the appropriate office a
copy of any permit issued under Section 9.2
9.17 Department Notification of Decision
Submitssion
to the appropriate office of the Department, within 10 days after grant or
denial, of copies of any permit, any decision on a variance, special
exception or conditional use permit, or appeal for a map or text
interpretation, and any decision to amend a map or text of an ordinance.
9.18 Penalty Establishment
The eEstablishment of appropriate penalties for violations
of various provisions of the ordinance, including forfeitures. Compliance with
the ordinance shall be enforceable by the use of injunctions to prevent or
abate a violation, as provided in s. 59.69(11), Stats.
9.19 Prosecution Procedure
Establish
a procedure for the prosecution of violations of the sShoreland Zoning
oOrdinance.
The Committee made the following changes to Section 9.21:
9.21 When Required.
Except
where another section of this ordinance specifically exempts certain types of
development from this requirement (as in Sections 7.131 and 7.132), a zoning
permit shall be obtained from the Planning
and Zoning Administrator Director before any new development,
as defined in Section 12.1 (11)(14)(9),
or any change in the use or structural
alteration, external improvement in excess of $1,000 or expansion
of an existing building or structure, (mitigation as required by Sec. 8.348.32(4).
Patricia Craig motioned to approve the above changes. The motion was seconded by Jackie Beyer. The motion was carried.
The Committee decided to have the Planning and Zoning Office check on Section 9.3 to see if it’s necessary.
The Committee suggested changing all “Zoning Committee” to “Planning and Zoning Committee” throughout the ordinance.
The Committee decided to change the word “opportunity” to “potential” and take out all the “Its” and “The” in Section 9.41 as following:
9.42 Standards Applicable To All Conditional Uses.
In passing upon a conditional use permit, the Planning and Zoning Committee shall evaluate the effect of the proposed use upon:
1)
The mMaintenance of safe and healthful
conditions.
2)
The pPrevention and control of water
pollution including sedimentation.
3)
Compliance
with local floodplain zoning ordinances and opportunity potential for damage to adjacent
properties due to altered surface water drainage.
4)
The eErosion potential of the site
based upon degree and direction of slope, soil type and vegetative cover.
5)
The lLocation of the site with respect
to existing or future access roads.
6)
The nNeed of the proposed use for a
shoreland location.
7)
Its cCompatibility with uses on
adjacent land.
8)
The aAmount of liquid and solid wastes
to be generated and the adequacy of the proposed disposal systems.
9) Location factors under which:
(a) Domestic uses shall be generally preferred;
(b) Uses not inherently a source of pollution within an area shall be preferred over uses that are or may be a pollution source;
(c) Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.
The Committee decided to take out “Board” and put in “Committee” in Section 9.44 as follows:
9.44 Notice, Public Hearing and Decision.
Before
passing upon an application for a conditional use permit, the Planning and Zoning Committee shall hold a
public hearing. Notice of such public hearing, specifying the time, place and
matters to come before the board, shall be given as a Class 2 notice under Wis.
Stats. Cch. 985. Such
notice shall be provided to the appropriate district office of the Department
at least 10 days prior to the hearing. The Board Committee shall state in writing the
grounds for granting or refusing a conditional use permit.
The Committee decided to take out “shall” and put in “may” in Section 9.46 as follows:
9.46 Revocation.
Where
the conditions of a conditional use permit are violated, the conditional use
permit shall may be
revoked by the Planning and Zoning
Committee.
The next Shoreland Zoning Advisory Committee meeting will be on Wednesday, October 23, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse and will start with Sec. 9.52.
8. Adjourn
TJ Tooley motioned to adjourn the meeting at 10:58 a.m. The motion was seconded by Patricia Craig. Motion carried unanimously.