MINUTES

Town of Clover Plan Commission

Tuesday August 6, 2024 7 PM

Historic Gym

 

Call to Order:  7 pm

Roll Call:  Beverly Steele, Katherine Merrill (by phone), and Keith Koenning (chair); James Stemwedel and Pete Berton, absent.

Audience Attendance:  None

Approval of Minutes:  April 3, 2024 (TPC did not meet in May, June, and July)  Approved by consensus.

Announcements:

• TPC member Chris Lehnert’s term expired April 2024, and he decided to step aside after serving for nine years, including 4 years as the vice-chair.
• Katherine Merrill was appointed to the TPC by the Town Board on June 12 for a three-year term expiring April 30, 2027
• Kristle Majchrzak (April 6, 2021 TPC Meeting). Bayfield County denied a Conditional Use Permit for Irrigation Facilities, Canals, Dams, Reservoirs, etc., in R-RB zoning.  The applicant appealed the decision to the Circuit Court and the Court of Appeals.  The decision was upheld.  On July 11, 2024 the applicant filed a Petition for Review with the Wisconsin Supreme Court, and the case is pending.

New Business:

• Conditional Use Permit to place one shipping container in R-RB at 89350 Bark Point Rd by Hydra Properties, Jonathin Flury, agent.  It is noted that Bayfield County Ordinance, Section 13-1-36 was approved by the Board of Supervisors in May 2024 changing the requirement for placement of a shipping container in R-RB from a Class A Permit to a Conditional Use Permit (CUP).  Class A permits are approved by the Department, and CUPs are approved by the Planning and Zoning Committee and include notification of landowners within 300 feet of the proposed land use.

 

Ms.  Steele and Mr. Koenning reported on their phone conversations with Mr. Flury.  Mr. Flury advised in these conversations that he intends to have murals painted on the container.  Mr. Koenning advised Mr. Flury that the murals are not relevant to the TPC’s consideration because the TPC is not a “design review” body.  Mr. Koenning advised that under Wisconsin law, known as Act 67 (2017), if the applicant for a conditional use permit agrees to meet conditions imposed, the permit is to be approved.

 

Consensus recommendation for approval to the Town Board.  The 2023-2043 Comprehensive Plan does not specifically address shipping containers.  Because shipping containers are industrial in appearance and materials, they might adversely affect the value of neighboring properties.  Goal 2, Objective A of the Land Use section of the Comprehensive Plan discourages development that adversely affects the value of neighboring properties.  A recommended condition on the permit is “the shipping container shall be opaquely screened from neighboring properties with existing vegetative material and new plantings so arranged that within 10 years the shipping container will not be visible from neighboring properties.”  In a July 31 telephone conversation with Mr. Flury, he advised TPC Chair Koenning that he does not oppose a condition on the permit requiring this screening.

 

• Selection of vice-chair. Section 11 (2) of the TPC ordinance provides that the TPC may elect a vice-chair to act as chair in the absence of the chair.  Koenning continued this matter until such time that the full TPC membership is present.

Future Business:

 The Town of Clover Comprehensive Plan approved August 16, 2023, requires the TPC on an annual basis to review the recommendations in the Plan and to assess the subject matter of the recommendations. This task will be placed on a near future TPC agenda.

• The Town was notified on January 18, 2024 by Randy M. Lund, Lund Engineering, agent for the Beach Resort, of the intent to apply for a Conditional Use Permit for a 15 site campground/RV park on the R-RB zoned Beach Resort property. As of this date, according to the Bayfield County Planning and Zoning Department, the application is on hold, until issues of land surveys and recorded acreage are resolved.  According to Wisconsin Circuit Court public records, on 06-20-2024 Bayfield County Case Number 2024CV000065 Gerald Sieja et al filed a civil complaint, Other-Real Estate, against Sue A Garoutte, et al.  The impact of this pending civil complaint on the Conditional Use Permit process is unknown.

 Adjournment:  7:20 pm

 

Minutes prepared on August 7 by the Plan Commission Chair, Keith Koenning, and questions may be directed to him at keith.koenning@gmail.com or 715-774-3475.