agenda - Burnett County

COUNTY OF BURNETT
LAND USE AND INFORMATION COMMITTEE
Burnett County Government Center
Room 165 - 9:30 a.m.
June 7, 2016
Burnett County Clerk, 7410 County Road K, #105, Siren, WI 54872 ● Phone 715-349-2173 ● FAX / TTY 715-349-2169
MEMBERS
County Board Supervisors
Norm Bickford, Chair
Brent Blomberg, Vice-Chair
Charles Awe, Secretary
Chuck Anderson
Craig Conroy
Dale Dresel
Duane Johnson
DEPARTMENTS
• County Surveyor/Land
Information
• Zoning/Land Use
AGENDA
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Call to Order
Notice Posted in Accordance to Wis. Stat. 19.84 Open Meeting Law
Public Comments
Approval of Agenda Order
Approval of Minutes of the May 3, 2016, Meeting
Public Hearing:
Conditional Use Permit #CUP-16-15: Stockman – Addition to Storage
Building
Conditional Use Permit #CUP-16-16: Erickson – Year Around Camper
Conditional Use Permit #CUP-16-17: Harrington – Year Around
Camper
Conditional Use Permit #CUP-16-18: Year Around Camper
County Surveyor/Land Information Report
Zoning Report
Discuss Camper Conditional Use Permits Three Years Versus Five
Years
Discuss Preliminary Farmland Preservation Plan Ordinance
Discuss Preliminary Shoreland Ordinance
Discuss Temporary Signs
Future Agenda Items
Adjournment
Posted 06/01/16
Persons requiring an interpreter, materials in alternate format or other accommodations to access this meeting are
encouraged to contact the Burnett County Clerk at least 48 hours prior to the meeting.
COUNTY OF BURNETT
LAND USE AND INFORMATION COMMITTEE
Burnett County Government Center
7410 County Road K, #105, Siren, WI 54872 ● Phone 715-349-2173 ● FAX 715-349-2169
MINUTES
Land Use and Information Committee
May 3, 2016
MEMBERS PRESENT Chuck Anderson, Charles Awe, Norm Bickford, Brent Blomberg,
Craig Conroy, Dale Dresel and Duane Johnson.
CALL TO ORDER Supervisor Bickford called the meeting to order at 9:00 a.m. in Room 165
of the Burnett County Government Center.
NOTICE POSTED IN ACCORDANCE TO WIS. STAT. 19.84 OPEN MEETING LAW
ELECTION OF CHAIR, VICE-CHAIR AND SECRETARY County Board Chairman
Taylor opened the nominations for Chair of the Land Use and Information Committee.
Supervisor Bickford was nominated for Chair by Supervisor Anderson. Being there were no
other nominations, a motion to close nominations and cast a unanimous ballot for Supervisor
Bickford was made by Supervisor Dresel, seconded by Supervisor Blomberg. Motion carried,
voice vote. Chairman Bickford opened the nominations for Vice-Chair. Supervisor Blomberg
was nominated for Vice-Chair by Supervisor Anderson. Being there were no other nominations,
a motion to close nominations and cast a unanimous ballot for Supervisor Blomberg was made
by Supervisor Dresel, seconded by Supervisor Conroy. Motion carried, voice vote. Chairman
Bickford opened the nominations for Secretary. Supervisor Awe was nominated for Secretary by
Supervisor Blomberg. Being there were no other nominations, a motion to close nominations
and cast a unanimous ballot for Supervisor Awe was made by Supervisor Conroy, seconded by
Supervisor Dresel. Motion carried, voice vote.
PUBLIC COMMENTS Chairman Bickford explained public comments about agenda items
will be heard at the time the item is discussed by the committee and asked for general public
comments at this time. There were no public comments.
APPROVAL OF AGENDA ORDER Motion to approve the agenda order was made by
Supervisor Awe, seconded by Supervisor Conroy. Motion carried, voice vote.
APPROVAL OF MINUTES OF APRIL 5, 2016, MEETING Motion to approve the minutes
of the April 5, 2016, meeting was made by Supervisor Blomberg, seconded by Supervisor
Anderson. Motion carried, voice vote.
PUBLIC HEARING County Surveyor/Land Information Director/Zoning Administrator Jason
Towne read the Notice of Public Hearing as published in the Burnett County Sentinel on April
13 and 20, 2016.
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May 3, 2016
Page 2 of 8
BURNETT COUNTY LAND USE ORDINANCE
MAP AMENDMENT #MAP-16-04: MILLER – RR-2 to A-2 To rezone the SE 1/4 of the
NW 1/4 except Plat of Bass Lake Acres, Section 18, T41N R15W, Town of Swiss, from RR-2
(Residential-Recreation) to A-2 (Agricultural-Residential) zoning district. Zoning change
requested by Thomas and Janice Miller.
Each committee member had the application/petition for rezone details.
Public hearing opened.
Applicant Tom Miller explained he and his wife would like to have their land rezoned in order to
open a small winery. It will be a 24’ x 36’ building. They have the first home on East Bass Lake
Road which is clearly marked a dead-end road. The nearest cabin to them is one-half mile
straight down the road. Their hours would be Friday, Saturday and Sunday from 10:00 a.m. to
6:00 p.m. Usually people go to a winery to sample the wine, buy a single glass of wine and sit
on the deck if it is a sunny day. They do not plan on having loud music or bands. As far as the
traffic goes, people would exit off State Road 77 and their property is the first place on the righthand side of East Bass Lake Road so the traffic flow would be easy in and easy out.
Mary Jo Kamper lives on East Bass Lake Road and she has a number of concerns. First, safety
of the location; State Road 77 has a 55 mph speed limit and there aren’t any turn lanes. The
Millers’ property is approximately 100’ from the state road. Second, safety regarding parking;
the lane is a typical Town of Swiss lane and she doesn’t believe there is adequate parking space
on both sides of the road or in their driveway. Third, East Bass Lake Road is a dead-end road
with a hairpin turn and there are no public turnarounds. All of the driveways would be the
turnaround for anybody using the road. The visibility on the lane is somewhat marginal with a
lot of hills. Most of the visitors are weekend visitors. The hours that were previously stated were
from 3:00 p.m. to 9:00 p.m., including Thursdays, and they are changing it to 10:00 a.m. to 6:00
p.m. With a lot of out-of-town visitors there are a lot of younger kids. You have unfamiliarity
with the road. You will have people that have been imbibing up and down the lane. A lot of
them use the lane for walking and are not expecting faster traffic or people who have been
imbibing. They use the lane for walking. There are five venues within a five-mile radius that
have alcohol: Fishbowl, St. Croix Casino, Log Cabin, Wayne’s and Last Cast. They don’t want
to add a place to drink on East Bass Lake Road. If people want to drink, they can do that in their
own private yards. There is no public access on the lake so that would mean anyone coming
down the road would be getting to the lake to use private beaches to continue imbibing from
their purchase. She didn’t know if the winery would have food but then there would be extra
garbage. There are no public restrooms. If rezoned this year, then next year if the winery
doesn’t work out, are we going to have a boarding kennel, a petting zoo, a junk yard, trailers or
whatever? They are all private homes and they don’t want to be going through this year after
year. There is not a whole lot of other public or commercial type of businesses on lanes.
Mark Grabe lives at the end of East Bass Lake Road where the road hooks. Bass Lake is fairly
secluded. The road is unknown to most people and people drive into his front yard by mistake
because they don’t know it is not part of the road. There is an issue of public access; it looks like
they have a perfect public access simply because it is a nice level spot down by the lake. It
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May 3, 2016
Page 3 of 8
would obviously be a change in traffic pattern. The situation is not suited to an increase in
traffic. He questioned the interpretation of a winery; is this a bar or an environment where
grapes will be grown, wine will be made, samples will be provided? There isn’t enough
information in the document he received for him to make a decision.
Applicant Janice Miller explained their property is within the first 100’ of East Bass Lake Road.
The nearest neighbor is one-half mile down the dead-end road. Most of the traffic, and there is a
lot of traffic, is from the people that live down the road. There will be a sign showing where the
winery is located. East Bass Lake Road is a public road; it is not a lane. There will be off-road
parking so there will be no parking on the road. The wine will be made onsite out of different
types of fruits; there won’t be any fields, nor will they be growing grapes. There will be a
sampling room where customers will buy wine and take it away. They will have restrooms.
There will be a tasting room in the corner of the building. It is in their own yard so they won’t
be making a big party out of it in order to keep their area nice and quiet too. They want to keep
it as a friendly place, not anything big and wild. It won’t be a bar, there won’t be any mixed
drinks; legally they can’t have any other alcohol in the building according to federal law. There
will be no food.
Applicant Tom Miller explained the traffic starts building up on Friday afternoon with traffic up
and down the road all weekend long. When his grandson comes to visit he is banned from going
near the road on the weekend. The noise from the lake starts Friday; there are fireworks going
off and music so loud it shakes the side of their house. There will be off-road parking so this
will free up the road from any blockage. The Fishbowl is a bar, it is not a winery. The St. Croix
Casino – we don’t offer black jack or slot machines. The Log Cabin Store – we don’t sell gas.
Wayne’s IGA – we don’t sell groceries. The Last Cast is a bar, it is not a winery. People usually
come to a winery, have samples, they taste, buy and leave. People won’t be sitting there getting
drunk, driving down a dead-end road, partying, running through the woods hooting and
hollering; it just doesn’t happen.
Cindy Grabe lives on East Bass Lake Road. People that come on the weekend to their cabins
know the road is used by kids, adults and bikers. It isn’t true that other people don’t just come
down the road. The first year they bought the place in 2012, the first summer, someone crashed
into a tree in their yard, left the car there and tried to walk back out to the road. Most of us who
drive down the road are going to drive 20 – 25 mph because we know what that road is. They
have three children and when their families come down, they drive the road, they run on it and
they bike on it. Granted, it is a public road, but she is just explaining what type of public road it
is.
In response to a question, Mr. Towne explained there was correspondence provided in the
meeting packet from the Town of Swiss and Mary Jo Kamper.
Public hearing closed.
Burnett County Staff Report Items
 Staff Concerns: None.
 If considering approval then the following item(s) may be included in the motion: None.
Land Use and Information Committee Meeting
May 3, 2016
Page 4 of 8
Motion to recommend approval to county board of map amendment #MAP-16-04 subject to
approval of the conditional use permit for a winery was made by Supervisor Awe, seconded by
Supervisor Conroy. Motion carried, voice vote.
CONDITIONAL PERMIT #CUP-16-11: MILLER – OPEN WINERY Public notice is
hereby given to all persons in the Town of Swiss, Burnett County, Wisconsin, that Thomas and
Janice Miller have made application for a conditional use permit per the terms of the Burnett
County Land Use Code of Ordinances to open and operate a winery, located at 6004 E. Bass
Lake Road, in the proposed A-2 zoning district, in the SE 1/4 of the NW 1/4, Section 18, T41N
R15W.
Each committee member had the conditional use permit application details.
Public hearing opened.
There were no public comments.
Public hearing closed.
Burnett County Staff Report Items
 Staff Concerns: May want to limit the days/hours of operation.
 If considering approval then the following item(s) may be included in the motion: Follow
all local, county, state and federal requirements for this activity. This conditional use
permit is only for the current owners. No parking allowed on the town road or road
right-of-way.
Motion to approve conditional use permit #CUP-16-11, contingent on following all local,
county, state and federal requirements for this activity, the permit is only valid for the current
owners, the days/hours of operation are Friday, Saturday and Sunday from 10:00 a.m. to 6:00
p.m., no parking allowed on the town road or road right-of-way was made by Supervisor Dresel,
seconded by Supervisor Conroy. Motion carried, voice vote.
CONDITIONAL PERMIT #CUP-16-12: ST. CROIX MATERIALS – EXPAND GRAVEL
PIT Public notice is hereby given to all persons in the Town of Oakland, Burnett County,
Wisconsin, that St. Croix Materials d/b/a Hopkins Sand & Gravel has made application for a
conditional use permit per the terms of the Burnett County Land Use Code of Ordinances to
expand an existing sand gravel pit, located on County Road C, in the A-2 zoning district, in the
NE 1/4 of the SW 1/4, Section 28, T40N R16W.
Each committee member had the conditional use permit application details.
Public hearing opened.
Applicant Rod Hopkins is just trying to expand the existing quarry by 10 acres.
Bob Morehouse’s concern is where do we quit expanding these pits at? The pit is mixed in
amongst recreational and residential properties now and he is one of them. The property they
want to open now doesn’t directly adjoin his land but the back 20 acres Hopkins recently
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May 3, 2016
Page 5 of 8
purchased does; they cleared it, grubbed it and stumped it. He wants to make sure Hopkins can’t
keep expanding; right now he gets a dust storm every time the wind blows. You have the noise,
the dust, truck traffic and truck alarms in the mornings. He doesn’t think it is a good mix to keep
expanding these pits in amongst residential homes. You just approved a big campground on the
other side of me. How well will it be received if Hopkins keeps expanding?
Susan Morehouse explained the noise and the dust are her primary concerns. It is affecting her
health and she is not in favor of it.
Dean Feurhake is representing his mother Gladys Feurhake who owns the property next to
Hopkins. He also owns property to the east of his mother’s property, which is a part of that 20
acres. His concern is noise and dust. Isn’t there supposed to be a fence around a gravel pit?
Rock crushing goes all night when they crush rocks. It doesn’t seem like noise ordinances are an
issue for them but if he plays loud music he gets a call. He has concerns of his property and his
mother’s property being devalued. What about access on Gables Road? Are they going to be
using Gables Road, big trucks tearing it up when they add the access on that other 10 acres? He
personally doesn’t like it and he thinks this is supposed to be residential area, not a gravel pit.
He realizes it is there but Hopkins already started digging before they got a permit for the 10
acres they are applying for. There are rules and they don’t seem to have to follow them.
Rebecca (unknown last name) is representing her daughter who owns property directly to the
west of the gravel pit. She is concerned about which 10 acres we are talking about expanding to,
her daughter has the north third of the northeast southwest. If they are talking about expanding
to the very back of her property line there are issues not only for depreciation in value of her
property, but also safety and enjoyability of her property. What would separate them from a
deep pit? She’ll look out her back window and possibly see that. There are safety issues. She
has concerns where the 10 acres is located; discussion ensued between members of the public on
location of property. There are buffer issues. Where is the safety concern? She understands and
appreciates the value of a local business to the community. Where is the separation of this
business and the residential properties that surround it? How do you differentiate between
property lines? Tree boundaries, planting, fence lines or something that would separate them and
prevent depreciation in value of residential properties around the pit should be looked at or
maybe demanded. Her daughter just purchased the property and possibly the value of the
property she thought she had being considerably depreciated is a huge concern.
Public hearing closed.
Since concerns had been expressed during the public hearing about buffers and setbacks, Mr.
Towne advised the committee has the authority to include conditions of suitable fencing and
landscaping.
In response to supervisors’ questions, Mr. Towne provided general information on reclamation
and Conservation Specialist Paul Cook provided information on Hopkins’ open active acres
reclamation plans.
A supervisor commented this permit is specific to this 10 acres and any further expansion would
need separate approval.
Land Use and Information Committee Meeting
May 3, 2016
Page 6 of 8
Discussion on buffers ensued. Gravel pits currently in operation were not required to have
buffers but in the future new gravel pits would probably be required to have some type of buffer.
This application is for an expansion of an existing pit and is not a new gravel pit but the
committee can require a buffer for this expansion if it chooses to do so.
The committee discussed hours of operation. Gravel pits currently in operation are not limited in
their hours/days of operation.
Burnett County Staff Report Items
 Staff Concerns: May want to limit the hours/days of operation.
 If considering approval then the following item(s) may be included in the motion: Follow
all local, county, state and federal requirements for this activity.
Motion to approve conditional use permit #CUP-16-12 subject to following all local, county,
state and federal requirements for this activity was made by Supervisor Dresel, seconded by
Supervisor Awe. Motion carried, voice vote.
CONDITIONAL PERMIT #CUP-16-13: VERHASSELT – FOUR MINI STORAGE
BUILDINGS Public notice is hereby given to all persons in the Town of Swiss, Burnett County,
Wisconsin, that Gary Verhasselt has made application for a conditional use permit per the terms
of the Burnett County Land Use Code of Ordinances to construct four mini storage unit buildings
over the next five years, located at 30276 N. Seventh Ave., in the C-1 zoning district,
Subdivision NW 1/4, Section 28 Lot 34 except the south 34' and except the N 100', T41N
R16W.
Each committee member had the conditional use permit application details.
Public hearing opened.
Applicant Gary Verhasselt explained he purchased the property in 2007 and he came to the board
at that time and was approved for mini storage buildings. He wasn’t aware there was a time limit
on the permit. He has other facilities in Polk County where there is no time limit; the permit
goes with the property and the owner. He is requesting to renew the application for five years to
give him time for construction. This is commercial property with an existing building that has
been there for a long time.
The Town of Swiss provided a letter explaining they have no objections.
Public hearing closed.
Burnett County Staff Report Items
 Staff Concerns: Follow all federal, state and local requirements for this activity.
 If considering approval then the following item(s) may be included in the motion: None.
Motion to approve conditional use permit #CUP-16-13 for five years and subject to following all
federal, state and local requirements for this activity was made by Supervisor Blomberg,
seconded by Supervisor Conroy. Motion carried, voice vote.
Land Use and Information Committee Meeting
May 3, 2016
Page 7 of 8
CONDITIONAL PERMIT #CUP-16-14: BERGLUND – HOME OCCUPATION OF A
COUNTRY STORE Public notice is hereby given to all persons in the Town of Trade Lake,
Burnett County, Wisconsin, that Madeline Berglund has made application for a conditional use
permit per the terms of the Burnett County Land Use Code of Ordinances for a home occupation
of a country store, located at 22232 County Road Y, in the A-4 zoning district, Lot 1 CSM V.21
P.287 in the SW 1/4 of the NW 1/4, Section 4, T37N R18W.
Each committee member had the conditional use permit application details.
Public hearing opened.
Madeline Berglund explained they are seeking a conditional use permit for a residential property
that has been rezoned to A-4. It is the only A-4 in the area. They are the only neighbors and the
rest is agricultural with no residents. She is opening a gluten-free bulk dry-goods store
specializing in herbs, spices and gluten free out of what was their rental property. She and her
husband Rick run the store.
Public hearing closed.
The committee discussed issues relating to approving the permit only for the current owners.
Burnett County Staff Report Items
 Staff Concerns: May want to limit the hours of operation.
 If considering approval then the following item(s) may be included in the motion: Follow
all local, county, state and federal requirements for this activity. This conditional use
permit is only for the current owners.
Motion to approve conditional use permit #CUP-16-14 subject to following all local, county,
state and federal requirements for this activity, there is no parking on County Road Y or the road
right-of-way, contingent on staying in the current building and limited to a country store as
proposed in the application was made by Supervisor Conroy, seconded by Supervisor Dresel.
Motion carried, voice vote.
BURNETT COUNTY SUBDIVISION ORDINANCE
SUBDIVISION VARIANCE #VAR-16-05: MACEY/DAHLKE – ADJUST LOT LINE
Public notice is hereby given to all persons in the Town of Scott, Burnett County, Wisconsin,
that Robert and Kimberly Macey and John and Jean Dahlke have made application to vary the
terms of the Burnett County Subdivision Code of Ordinances as follows: To adjust a lot line
between two non-conforming lots, located at 29073 and 29083 Brozie Road, in the RR-2 zoning
district, in Government Lot 2, Section 9, T40N R14W.
Each committee member had the subdivision variance application details.
Public hearing opened.
Attorney Ryan Benson, on behalf of the property owner and applicant explained the application
is for two adjoining properties on Fish Lake on Brozie Road. One of the lots is a 150’ lot and the
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May 3, 2016
Page 8 of 8
other lot is a legal nonconforming 60’ lot. The Maceys, owner of the 150’ lot, had a survey done
in the last two years which showed that part of the property being used by the Dahlkes, part of
the cabin and septic system, is actually on the Maceys’ property. Rather than go through
litigation, the parties had a pre-lawsuit mediation where they reached a settlement. The Maceys
would deed to the Dahlkes five feet of lake frontage with area that would include setbacks
around the cabin so the Maceys and Dahlkes could continue to use their properties as used in the
past without the need to move any structures. On the preliminary survey map a yard line has
been drawn but the five feet doesn’t even include the entire yard line. They initially filed for a
subdivision permit which was denied so they had to apply through a variance request. There will
be no additional subdivision of these lots.
Public hearing closed.
In response to a supervisor’s question, Mr. Towne advised the Land Use and Information
Committee hears subdivision variances and all land use variances go to the board of adjustment.
In response to a question from Surveyor Mark Krause, Mr. Towne advised he recommends the
lot getting the five feet be surveyed.
Attorney Benson explained there is another property line issue with the Dahlke property; the
road doesn’t hit their property line so there is a gap in title that needs to be corrected. They are
taking this process one step at a time and that has to be resolved before doing the Dahlke
certified survey map.
Burnett County Staff Report Items
 If considering approval then the following item(s) may be included in the motion:
Dahlke parcel should have a certified survey map done on their parcel to adjust the lot
line accordingly.
Motion to approve subdivision variance #VAR-16-05 contingent on the Dahlke parcel having a
certified survey map done to adjust the lot line was made by Supervisor Conroy, seconded by
Supervisor Blomberg. Motion carried, voice vote.
COUNTY SURVEYOR/LAND INFORMATION REPORT Mr. Towne submitted and
reviewed department reports.
ZONING REPORT Mr. Towne submitted and reviewed department reports.
SET FUTURE MEETING TIMES Beginning June 7, 2016, Land Use and Information
Committee meetings will start at 9:30 a.m. rather than 9:00 a.m.
FUTURE AGENDA ITEMS Preliminary ordinance updates.
ADJOURNMENT Motion to adjourn was made by Supervisor Awe, seconded by Supervisor
Conroy. Motion carried, voice vote. Chairman Bickford adjourned the meeting at 10:23 a.m.
BURNETT COUNTY ZONING ADMINISTRATION
BURNETT COUNTY GOVERNMENT CENTER
7410 COUNTY ROAD K, #102
SIREN, WISCONSIN 54872
PHONE (715) 349-2138
FAX
(715) 349-2166
NOTICE OF PUBLIC HEARING
Notice of Public Hearing, State of Wisconsin, County of Burnett, Tuesday, June 7, 2016, at 9:30 a.m., at the
Burnett County Government Center in Room 165, Town of Meenon, Siren, Wisconsin, regarding the following:
BURNETT COUNTY LAND USE ORDINANCE
1. CONDITIONAL USE PERMIT #CUP-16-15 - STOCKMAN
Public notice is hereby given to all persons in the Town of Siren, Burnett County, Wisconsin, that Ronald and
Nila Stockman have made application for a conditional use permit per the terms of the Burnett County Land
Use Code of Ordinances to construct an addition to a storage building, located at 24560 State Road 35/70, in the
C-1 zoning district, Lot 6 CSM V.23 P.70 in the NW 1/4 of the SE 1/4, Section 5, T38N R16W.
2. CONDITIONAL USE PERMIT #CUP-16-16 - ERICKSON
Public notice is hereby given to all persons in the Town of Lincoln, Burnett County, Wisconsin, that Kenneth H.
Erickson has made application for a conditional use permit per the terms of the Burnett County Land Use Code
of Ordinances to allow a camper year around, located at 26205 Thoma Road, in the A-2 zoning district, in the
SW 1/4 of the NE 1/4, Section 15, T39N R17W.
3. CONDITIONAL USE PERMIT #CUP-16-17 - HARRINGTON
Public notice is hereby given to all persons in the Town of Siren, Burnett County, Wisconsin, William E.
Harrington has made application for a conditional use permit per the terms of the Burnett County Land Use
Code of Ordinances to allow a camper year around, located at 24208 Clam Lake Drive, in the RR-1 zoning
district, in Government Lot 4, Section 11, T38N R16W.
4. CONDITIONAL USE PERMIT #CUP-16-18 - NEWMAN
Public notice is hereby given to all persons in the Town of Swiss, Burnett County, Wisconsin, that Austin
Newman, Jamie Newman and Kevin Newman have made application for a conditional use permit per the terms
of the Burnett County Land Use Code of Ordinances to allow a camper year around, located on Round Lake
Drive., in the RR-2 zoning district, Lot 1 CSM V.6 P.95 in the NE 1/4 of the SW 1/4 and Government Lot 3,
Section 33, T41N R16W.
Burnett County
Land Use and Information Committee
Siren, WI
Dated this 13th day of May, 2016
NOTICE TO RUN IN SENTINEL MAY 18TH AND 25TH