GOVERNMENTAL BODY:       WAUPACA COUNTY SHORELAND ZONING ADVISORY COMMITTEE MEETING

DATE:                                            WEDNESDAY, SEPTEMBER 25, 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:  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.