1. Call Meeting To Order
Chair Dennis Kussmann called the meeting to order at 9:12 a.m.
2. Roll Call
Shoreland Zoning Advisory Committee Members Present: TJ Tooley (Pigeon Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), Terry Murphy (Iola Lake District/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), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), Kay Ellis (Chain O’Lakes Property Owners Association), Dennis Timm (Landscaper/Waupaca River), David Johnson (County Board/Board of Adjustment/Waupaca River), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), G. Robert Flease (County Board/Wolf River), Caroline Murphy (Town of Farmington) and Bob Olson (Waupaca River).
Shoreland Zoning Advisory Committee Members Excused: Jackie Beyer (Board of Adjustment/Town of Little Wolf/Little Creek), Kent Gibbs (Stratton Lake Association President), Tom O’Day (Waupaca & Wolf River), Bob Underberg (Chain O’Lakes Property Owners Association), Richard Mann (Lake Leader Representative), James Loughrin (County Board/Board of Adjustment), 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 Dennis 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 October 23, 2013 meeting.
Jackie Beyer motioned to approve the minutes as sent out. The motion was seconded by Patricia Craig. The motion was carried.
6. Public Comment. There was no public comment.
7. The Committee reviewed the final draft of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance.
The Committee decided that the punctuation such as commas, etc. can be corrected after the meeting with the staff. It was decided the numbers needed to be spelled out in Sec. 3.1 and that Administrative Code needed to be capitalized in Sec. 3.1(5). Also, to put “is” in Sec. 3.22(3)(d) and not the word ‘was’:
“Any
restriction placed on platted land by covenant, grant of easement or any other
manner which is was required by
this ordinance…..”
Take off the rest of the sentence in Sec. 3.22(5):
5) Lot Sizes, Widths, Setbacks,
and Shoreline Buffer Area. The minimum lot size for such development shall be
twenty thousand (20,000) square feet with a one hundred (100) foot minimum lot
width. Shoreline buffer area and setback provisions in section 5.80 shall apply except that maximum
width of a lake view corridor shall be one hundred (100) feet.
Bob Ellis motioned to approve the above changes. The motion was seconded by Bob Van Epps. The motion was carried.
The Committee decided to capitalize “County” in Sec. 3.32 and to capitalize “Ordinance” throughout the entire Ordinance. Also, to add “and Water” to Sec. 5.21(4) where it references the Land and Water Conservation Department and to add two commas in Sec. 5.21(7):
“utility transmission and distribution lines, poles, towers, water towers, pumping stations, ……”
Remove the following words from Sec. 5.3:
“….Roadways,
recreational trails, and pedestrian walkways shall be permitted to cross
non-navigable streams and drainage ways provided such construction allows for
the free passage of waters and that runoff is controlled so as to
prevent erosion and transport of sediment and pollutants to nearby waters.”
Rearrange sentence in Sec. 5.43:
“The roadway setback for an undeveloped or redeveloped nonconforming lot may be reduced until a thirty (30) foot deep building site is established provided the resulting roadway setback:
1)
the
resulting roadway setback
is not less than twenty (20) feet from the road right of way where the lot
allows construction of a garage which faces the
roadway; ….”
Make a new sentence in Sec. 5.43:
“A
roadway setback of less than what is required by Section 4.23 may be permitted
by the Planning and Zoning Director or his/her designee where lot depth,
location of utilities, or other significant site limitations do not allow
compliance with roadway setback requirements.,
a A garage not exceeding six
hundred (600) square feet in area may be constructed provided construction
complies with the following:”
Add “shall” in Sec. 5.55:
“The property owner shall submit a photo of the site and shall inform the Planning and Zoning Office of the date of proposed reconstruction prior to commencing work.”
Put the following paragraph back into Sec. 5.56:
A permit is not required for routine maintenance of vegetation provided that normally accepted horticultural practices are utilized that do not result in the loss of any layer of existing vegetation and do not require any earth disturbance.
In Sec. 5.59 add “Planning and”, “Office” and “and Water”:
“…..design and mitigation measures approved by the Planning and Zoning Office and Land and Water Conservation Departments.”
In Sec. 5.60 spell out “10” and add “is”:
“The
removal of trees and shrubs in the vegetation protection area on a parcel with ten (10) or more acres of forested land
consistent with “generally accepted forestry management practices” as defined
in s. NR 1.25(2)(b), and described in Department publication “Wisconsin Forest
Management Guidelines” (publication FR-226), provided that vegetation removal is be consistent with these practices:”
Change sentence in Sec. 5.62 as follows:
“Roadways
and stream crossings which are essential to the reasonable use of property
provided there is compliance with all Ffederal, Sstate,
and local regulations are complied with.”
Caroline Murphy motioned to approve all of the above changes. The motion was seconded by Kay Ellis. The motion was carried.
In Sec. 7.131(6) take out “are”:
“The
pasturing of livestock (information regarding best management practices are
available from the County Land and Water Conservation Department);”
Change the following sentence in Sec. 7.131(6):
“The
construction or maintenance of duck blinds and deer stands. (mMaximum size limited to four (4)feet
by eight (8) feet’).”
Add “a” in Sec. 7.153:
“If the Department notifies the Planning and Zoning Committee that a proposed text or map amendment….”
Add “or not” in Sec. 7.65:
“Vegetative cover shall comprise at least seventy five (75) percent of each parcel (whether or not there are single-family or multi-family structures located on the parcel)…”
TJ Tooley motioned to approve all of the above changes. The motion was seconded by Patricia Craig. The motion was carried.
Add an “s” to Sec. 7.67:
“All principal structures that are non-conforming with regard to waterfront setback (distance from the ordinary high water mark to the structure), or because the density of existing structures exceeds the….”
Add the words “Planning and” and “must” to Sec. 7.68:
“Any new
parcel(s) established by a camp or institution after the date of original site
plan submittal to the Waupaca County Planning
and Zoning Office must shall
have a minimum….”
Kay Ellis motioned to approve the above changes. The motion was seconded by Bob Ellis. The motion was carried.
Add “principal” in Sec. 8.31(3):
“A principal structure that is nonconforming as to structural or dimensional standards may not be expanded or enlarged so as to increase its dimensional nonconformity. “
Change the following sentence in Sec. 8.31(5):
“Impervious
surface are in compliance with the
standards of Section 6.3 are complied with.”
Add “principal” in Sec. 8.31(6):
“In the application of Sections 8.32 and 8.33, a principal structure shall be regulated….”
Caroline Murphy motioned to approve the above changes. The motion was seconded by Bob Ellis. The motion was carried.
Change the following sentences in Sec. 8.33(3)(e):
“The
County shall issue a permit that requires a mitigation plan that shall be
approved by the County. This plan shall be
and implemented by the property owner by the date specified in the
permit. The mitigation plan shall meet the standards found in section 8.34, shall include including enforceable
obligations….”
TJ Tooley motioned to approve the above change. The motion was seconded by John Skyrms. The motion was carried.
Change the following sentence in Sec. 8.34(3)(g):
“Implement oOther
practices as agreed upon by the Planning and Zoning Office [as determined by
the Planning and Zoning Office].”
Bob Ellis motioned to approve the above change. The motion was seconded by Patricia Craig. The motion was carried.
Remove the words “required to be” in Sec. 9.11:
“A copy
of all applications shall be required to be filed in the office of the
County Planning and Zoning Director.”
Change the following sentence in Sec. 9.15:
“The
office of the County Planning and Zoning Director shall kKeep a complete record of all proceedings
before the Board of Adjustment and the Planning and Zoning Committee.”
Add/change the following punctuation in Sec. 9.22:
An application for a zoning permit shall be made to the Planning and Zoning Director upon forms furnished by the County and shall include, for the purpose of proper enforcement of these regulations, the following data:
1)
Name and
address of applicant and property owner.;
2)
Legal
description of the property and type of proposed use.;
3)
A sketch of
the dimensions of the lot and location of buildings relative to the lot lines,
centerline of abutting highways, and the ordinary high water mark of any
abutting watercourses and water level on a date specified.;
4)
Location and
description of any existing private water supply or sewage system or
notification of plans for any such installation.;
5)
Plans for
appropriate mitigation when required.;
6)
Payment of
the appropriate fee.;
7) Additional information required by the Planning and Zoning Director.
Spell out “5” in Sec. 9.5:
“The Chairman of the County Board shall appoint a Board of Adjustment consisting of five (5) members…”
Patricia Craig motioned to approve all the above changes in Sec. 9. The motion was seconded by TJ Tooley. The motion was carried.
Make the following changes to Sec. 11.1(4):
“The notice It shall allow thirty (30)
days for the performance of any act it requires.”
“……apply
to the Waupaca County Board of Adjustment for a vVariance…..”
Caroline Murphy motioned to approve all the above changes in Sec. 11. The motion was seconded by John Skyrms. The motion was carried.
Change the sentence in Sec. 12.1(16):
“Generally
accepted forestry management practices” means forestry management practices
that promote sound management of a forest. According
to Generally accepted forestry management practices include those
practices contained in the most recent version of the department
publication known as Wisconsin Forest Management Guidelines and identified as
PUB FR-226.
Change the sentence in Sec. 12.1(19):
"Impervious
surface" means an area that releases as runoff all or a majority of the eth precipitation that falls on it
or any area not maintained as vegetative
cover..
Change the sentence in Sec. 12.1(23):
“Mitigation” means balancing measures that
are designed, and implemented,
and function to restore natural
functions and values that are otherwise lost through development and human activities.
Change the sentence in Sec. 12.1(31):
“Replacement Construction” means
is when the principal building or portion thereof is torn
down and replaced
by a new structure or building
or portion thereof.
Correct commas in Sec. 12.1(37):
"Structure" means anything constructed, erected or placed on a property that has shape, form and utility and
which is temporarily or permanently attached to or resting on or in the ground, riverbed or lakebed. The term
“structure” includes, but is not
limited to, buildings, , mobile
homes, vehicles and trailers not in use for
transportation purposes, above ground storage tanks, patios, decks, gazebos, above and below ground
swimming pools, ,
satellite dishes larger than one meter in diameter, retaining walls, solid
fences, towers, poles
and signs. The term does not include filling or grading.
Change the sentence in Sec. 12.1(39):
“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 or they are located.
Delete the following words in Sec. 12.1(42):
"Unnecessary hardship"
means that circumstance where special conditions, which were not self‑created,
affect a
particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or
density unnecessarily burdensome or unreasonable in light of the purposes of this ordinance.
Caroline Murphy motioned to approve all the above changes in Sec. 12. The motion was seconded by Kay Ellis. The motion was carried.
Take out the apostrophe in the Waupaca County Lake, River & Stream Classes, Group 3 Lakes, Lakes –
Sewered:
Young’s Lake
(Chain-O-Lakes)
Caroline Murphy motioned to approve all the final corrections. The motion was seconded by Kay Ellis. The motion was carried.
The public hearing for all the revisions to the Waupaca County Shoreland Zoning Ordinance, Waupaca County Code of Ordinances, Chapter 32, before the Planning & Zoning Committee will be held at 10:00 a.m., Thursday, January 9, 2014 in the Waupaca County Courthouse in Room 1068.
8. Adjourn
Patricia Craig motioned to adjourn the meeting at 11:20 a.m. The motion was seconded by Caroline Murphy. Motion carried unanimously.