1. Call Meeting To Order
Terry Murphy called the meeting to order at 9:10 a.m.
2. Roll Call
Shoreland Zoning Advisory Committee Members Present: Terry Murphy (Iola Lake District/County Board/Planning & Zoning Committee), Richard Mann (Lake Leader Representative), 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), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), Tom O’Day (Waupaca & Wolf River), Dennis Timm (Landscaper/Waupaca River), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), Kent Gibbs (Stratton Lake Association President), 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: David Johnson (County Board/Board of Adjustment/Waupaca River), James Loughrin (County Board/Board of Adjustment), TJ Tooley (Pigeon Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), Kay Ellis (Chain O’Lakes Property Owners Association), 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. Terry Murphy 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 Ellis motioned to approve the agenda as presented. The motion was seconded by Patricia Craig. Motion carried unanimously.
5. Approve and Sign Minutes from the September 25, 2013 meeting.
Bob Underberg motioned to approve the minutes as sent out. The motion was seconded by Kent Gibbs. The motion was carried.
6. Public Comment. There was no public comment.
7. Brian Haase, Land & Water County Conservationist, appeared before the Committee to give a presentation on water quality issues in relation to agricultural operations.
8. The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance. The Committee started with Section 9.3 Certificates of Compliance since the Planning & Zoning Office was instructed to check to see if this section is even necessary.
9.31
No land or building hereafter erected, altered or moved
shall be occupied or used and no building hereafter erected, altered or
moved shall be occupied, until a certificate of compliance is issued by the
Planning and Zoning Administrator
Director.
1) The certificate of compliance shall certify that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this ordinance.
2) Application for such certificate shall be concurrent with the application for a zoning permit.
3) The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning permit, if the building or premises or proposed use thereof conforms with all the provisions of this ordinance.
9.32
The Planning and Zoning Administrator Director may issue a temporary certificate of
compliance for part of a building, pursuant to rules and regulations
established by the County Board.
9.33
Upon written
request from the owner, the Planning and
Zoning Administrator Director
shall issue a certificate of compliance for any building or premises existing
at the time of the adoption of this ordinance, certifying after inspection the
extent and type of use made of the building or premises and whether or not such
use conforms to the provisions of this ordinance.
After a recommendation from the Planning & Zoning Department, the Committee decided to take this whole section out of the ordinance.
The Committee continued with Section 9.5 due to Bob Underberg having a question on the sentence ‘The Board of Adjustment “may” grant upon appeal a variance……’ Bob asked why it didn’t say “shall” because if a person meets all the requirements, why wouldn’t it be granted? But as Ryan Brown said it’s not always a black and white situation because sometimes people can “kind of” meet the conditions so it can be somewhat subjective. Pat Craig said how do you determine whether these conditions have been met or not and that’s why “may” is in there to give the Board of Adjustment the ability to see if it’s true or not. So the Committee decided to leave the wording as is.
9.62 Appeals to the Board.
Appeals
to the Board of Adjustment may be made by any person aggrieved or by an
officer, department, board or bureau of the county affected by any decision of
the Planning and Zoning Administrator
Director or other administrative
officer. Such appeal shall be made within 30
days a reasonable time, as provided by the rules of the Board, by
filing with the officer whose decision is in question, and with the Board of
Adjustment, a notice of appeal specifying the reasons for the appeal. The Planning and Zoning Administrator Director or other officer whose decision is in
question shall promptly as soon as
possible transmit to the board all the papers constituting the record
concerning the matter appealed.
Patricia Craig motioned to approve taking out the word “promptly” and adding “as soon as possible” to Sec. 9.62. The motion was seconded by Bob Ellis. The motion was carried.
9.7 Fees.
The county board may, by resolution, and by action of the
Planning and Zoning Committee adopt fees for the following:
Fees may be changed by action of the Planning and Zoning Committee and notification to the County Board. Any such change of fees is effective upon posting of the new County Fee Schedule in the Planning and Zoning Office after action by the Planning and Zoning Committee and notification to County Board.
1) Zoning/Land use permits
2) Mitigation
3) Certificates of
compliance.
4) Planned Unit Development reviews.
5) Public hearings.
6) Legal notice publications.
7) Conditional Use Permit
8) Variances.
9) Administrative appeals.
10) Other duties as determined by the county board.
Bob Underberg motioned to approve the change of fees process in Sec. 9.7 as listed above and to take out “Certificates of compliance”. The motion was seconded by Jackie Beyer. Dennis Timm was opposed. The motion was carried.
Caroline Murphy motioned to approve Sec. 11.0 Enforcement and Penalties. The motion was seconded by Bob Underberg. The motion was carried.
12.0 Definitions.
19) “Height” means the measurement of the vertical line segment starting at the lowest point of
any exposed wall and it’s its intersect with the ground to a line
horizontal to the highest point of a structure.
33) “Replacement
Construction” in which is when
the principle principal building
or portion thereof is torn
down and replaced by a new structure or building or portion thereof.
Jackie Beyer motioned to approve the above changes. The motion was seconded by John Skyrms. The motion was carried.
Sec. 12.1(34) “Routine maintenance of vegetation” means normally accepted horticultural practices that do
not result in the loss of any
layer of existing vegetation and do not require earth disturbance.
Dennis Timm motioned to remove “and do not require earth disturbance” in the above section. There was no second to this motion, so the motion failed. This section will be left as is.
Sec. 12.1 For the purpose of administering and enforcing this ordinance, the terms or words used herein, except where they are more specifically defined within other sections of this ordinance, shall be interpreted as follows: Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. The definitions of the Comprehensive Zoning, Floodplain, and Subdivision Ordinances also apply to this Shoreland Ordinance, except where they conflict with the definitions below.
Bob Underberg motioned to approve the above changes. The motion was seconded by Tom O’Day. The motion was carried.
Sec. 12.1(42) “Structure, Temporary” means a structure which is built of such materials and in such a way
that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would
commonly be expected to be relatively short-term, not exceeding thirty (30) days during the calendar year.
Caroline Murphy motioned to approve the above change. The motion was seconded by Richard Mann. Dennis Timm was opposed. The motion was carried.
Sec. 12.1(41) “Structure, Principal” means the main structure or structures on a lot intended for primary use
as permitted by the regulations
of the district in which it is located. A lot on which more than one
principal use
is located may have more than one
principal structure.
Patricia Craig motioned to approve the above change. The motion was seconded by John Skyrms. The motion was carried.
Waupaca County Lake, River & Stream Classes – Group 3 Lakes
Delete the following lakes: Birchwood Lake and Lake Solitude
Add the following to the unsewered lakes: Rustic Lake and Chalet Lake
John Skyrms motioned to approve the above lake classification changes. The motion was seconded by Jackie Beyer. The motion was carried.
Bob Underberg motioned to approve all the changes to the definitions. The motion was seconded by John Skyrms. The motion was carried.
The next Shoreland Zoning Advisory Committee meeting will be on Wednesday, December 4, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse. The Committee will review and approve all of the proposed amendments to the Shoreland Zoning Ordinance before it goes to public hearing before the Planning & Zoning Committee.
9. Adjourn
Caroline Murphy motioned to adjourn the meeting at 11:07 a.m. The motion was seconded by Patricia Craig. Motion carried unanimously.