TOC Plan Commission Minutes, June 7,m 2022

MINUTES

Town of Clover Plan Commission

June 7, 2022, 7 pm

Historic Gym Meeting Room

 

Call to Order:  7 pm

Roll Call:  Beverly Steele, Christopher Lehnert (vice chair), Pete Berton, Keith Koenning (chair).  James Stemwedel, absent.

Audience Attendance:  J. Erin Hutchinson, Katherine Merrill, Michael Herrick

 

Announcements:

  1. Plan Commission member appointments. James Stemwedel appointed on April 13 for a new term through 4/30/25.  Beverly Steel appointed on April 13 as the Town Board representative through the end of her Town Board term in April 2023.
  2. 2023-2043 Comprehensive Plan and Future Land Use Map. At the July TPC meeting there will be discussion of formation of a Plan Committee.  We await final notification of the Wisconsin Coastal Management grant award for the July 1, 2022 through June 30, 2023 time period.

 

New Business:

 

  1. Class A Special Use Permit for one short-term rental at 90590 Bark Point Rd in R-RB zoning by Gregory Wilson. Authorized agent J. Erin Hutchinson.
  2. Class A Special Use Permit for one short-term rental at 89330 Bark Point Rd in R-RB zoning by Michael and Sarah Vanasse. Authorized agent J. Erin Hutchinson.

 

Before discussing the two applications, the Chair distributed an updated  TPC reference document, The Bayfield County Zoning Code and the Town of Clover Short-Term Rental Ordinance.  The 2022 update of this 2017 document addresses conditions that the Town Board, pursuant to the Ordinance, might, add to an individual annual license.  Enforcement of conditions on the Town license, according to the Ordinance, is through revocation or denial of the license at the time of annual renewal.  The Town has the authority to add any conditions to a license to ensure the health, safety, and welfare of the public.  Examples of conditions include, proof of insurance, annual fire inspection, annual POWTS inspection, snowplow contract, agent licensing under the Transient Merchant Ordinance, pets on leash on and off the property, and posting of licenses, conditions, etc., on the internet platform advertising sites.

 

Discussion of the two applications:

 

Address signs are in place.  A holding tank, not a septic field is on each property.

 

Member Beverly Steele expressed concerns about the long driveways (private roads) accessing each of the two properties.  Ms. Steele is concerned that the driveways may not have sufficient unobstructed turnaround capability to accommodate emergency vehicles.  In the case of the Wilson property, the driveway may have posts at the entrance that may obstruct a large emergency vehicle.  Adequate snow removal so that emergency vehicle access is unobstructed is also a concern, as is the condition of the road surface itself.

 

The Chair advised that these concerns are not “land use” issues for the TPC to consider as it looks at the proposed use and consistency with the Comprehensive Plan.

 

The Chair advised that these concerns may be addressed by the addition of conditions when the landowner applies for a Town of Clover Short-Term Rental License.

 

For example:  To ensure the health, safety, and welfare of the public and the short-term rental customers, the driveway or private road accessing the property from a public road must be in compliance with the Town of Clover Road, Driveway and Right-of-Way Ordinance.  Failure to comply with this condition within 60 days will result in revocation of the Short-Term Rental License.

 

There was discussion of why the Driveway Ordinance would be applied to a driveway in existence before adoption of the Driveway Ordinance.  The Chair advised that the issuance of a County Special Use Permit for a short-term rental constituted a change of use of the property allowing the Town to enforce the Driveway Ordinance.

 

As for snow removal, a condition requiring a signed contract for plowing, could be added:  The short-term rental must be accessible in all seasons.  A copy of a signed snowplowing contract must be provided to the Town not later than November 1st of the license period.  Failure to submit the contract will result in revocation of the Short-Term Rental License.

 

Regarding the two pending applications:  Goals 1 and 10 of the Comprehensive Plan support recreational housing and tourism.  R-RB Residential-Recreational Business zoning is for permanent or seasonal residential development and associated recreational use and appropriate for short term rentals. 

 

As to each of the above items 1 and 2, consensus recommendations to the Town Board:

 

Approval with the following conditions to be on the County issued special use permit:  1) This permit is not transferable if the property is sold.  2) Prior to advertising and rental the property owner must have a Wisconsin Tourist Rooming House License issued by the Bayfield County Health Department, and a Town of Clover annual short term rental license.

 

Future Business:  None

 

Adjournment:  7:40 pm

 

 

 

 

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