TOC Plan Commission Minutes, April 12, 2022

MINUTES

Town of Clover Plan Commission

April 12, 2022, 7 pm

Historic Gym

 

 

Call to Order:  7 pm

Roll Call:  Sheryl Isaksson, Pete Burton, Chris Lehnert, Keith Koenning.  James Stemwedel, absent.

Audience Attendance: Burton Huyck, Erin Hutchinson

 

Announcements:  On February 25 the Town received a Petition for Zoning Map Amendment by Robert and Jennifer Schierman, from Ag-1 to R-RB, to be compliant with building setbacks.  No change in land use was proposed.  The TPC Chair advised the Town Chair that this Petition could be referred to the TPC, that it was not required and would delay the process, and in this case would not be beneficial since there was no change in land use.

 

Sheryl Isaksson’s term on the TPC ends this month.  She is the Town Board representative as required by our ordinance.  Sheryl’s service to the TPC for four years was gratefully acknowledged and sincere thanks expressed for her dedicated participation.

 

Approval of Minutes:  February 1, 2022 Minutes approved by consensus.

 

Old Business:  None

 

New Business:

 

1)  Class A Special Use Permit for one short term rental at 89050 Bark Point Rd. in R-RB zoning by Kevin Killam (89050 BARK POINT RD LLC).  This property does not share a driveway with another property.  An address sign is present.  Erin Hutchinson was present representing Mr. Killam.  Consensus recommendation to the Town Board:  Approval with the following conditions to be on the County Special Use Permit:  1)  Prior to renting the owner must have a Town of Clover Short-Term Rental License.  2)  This Special Use Permit is not transferable if the property is sold.

 

2)  Conditional Use Permit for more than three RVs on a developed parcel at 16930 State Highway 13 in Ag-1 zoning by Burton L and Sherry L Huyck.

 

Mr. Huyck was present.  He explained the need for being permitted to have two RVs on his property above the three RVs permitted by right.  He advised that after a couple of existing RVs are sold or removed, he will have four RVs on the property.  A fifth RV will be on site only on an occasional basis.

 

Background Information

 

  1. a) The County Zoning Code permits up to 3 RVs to be stored on developed property without any kind of County permit. All known previous RV related permit applications in Clover have been for RVs on undeveloped  All RVs on undeveloped property for more than 21 days require a County permit.  The TPC guidelines on RVs apply only to undeveloped property.

 

  1. b) Two issues were raised in the Planning and Zoning Committee attachments: 1)  Wisconsin Department of Transportation raised a concern about the driveway.  The TPC Chair has communicated with the DOT and Bayfield County Zoning and this issue has been resolved.  2)  The Zoning Department suggested a septic system evaluation should be required.  Sanitary system regulation is outside the jurisdiction of the Town and the Zoning Department can address this if a land use permit is issued.

 

An e-mail objection to the application was received by Bayfield County and is part of the public record.  TPC members were provided with a copy.  The writer expressed the opinion that the RVs degrade the nature of the property.

 

  1. c) Chris Lehnert and Keith Koenning visited with Mr. Huyck at his property on April 9. Huyck advised:

A garage with two apartments was destroyed by fire in May 2020.  His wife, Sherry, is on oxygen and has limited mobility.  If Sherry is to see their children and grandchildren (12 in all), they must come to visit her in Herbster.  Before the fire, the children and grandchildren were able to use the garage apartments.  They do not have the financial means to rebuild the garage and apartments.  The RVs are used occasionally by family members when visiting.  They have lived and paid taxes in Herbster for 20 years.  They have improved the property with a pond and many gardens.  Without help from their children and grandchildren they would not be able to maintain their property and gardens.  They would like to have five (5) RVs on their property for an indefinite period of time.

 

Analysis

 

Goal 1 of the Comprehensive Plan discourages mobile homes (RVs fit in this category).  Goal 7 encourages maintaining the scenic and aesthetic beauty of the Town.

 

The Bayfield County Zoning code allows up to three (3) RVs on developed property without a permit and without any input from the Town.

 

The question is:  How much difference is there between 5 RVs and 3 RVs when considering “the scenic and aesthetic beauty of the Town”?

 

There are special circumstances present in this application: a devastating fire, longtime residents, and maintaining family relationships.  These special circumstances outweigh whatever negative impact there might be on the difference between 3 and 5 RVs as they affect the scenic beauty of the Town.

 

Consensus Recommendation to the Town Board:  Approval of 5 RVs with conditions:  1) Occasional use by family members only.  2)  Conditional Use Permit not transferrable if the property is sold.

 

Future Business:  None

 

Adjournment:  7:40 pm

 

Minutes prepared on April 13, 2022 by the Plan Commission Chair, Keith Koenning, and questions may be directed to keith.koenning@gmail.com  or 715 774 3475.