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Home My WebLink About012-640-05-4201-RZN-2019-017 SAWYE R `�; � '1�r' COUNTY Sawyer County Zoning&Conservation Administration 10610 Main Street,Suite#49 Hayward,Wisconsin 54843 Tel:(715)634-8288 kathy.marks@sawyercountygov.org January 20,2020 RZN 19-017,Mark&Nancy Phillips Notice is hereby given that on January 16,2020 the Sawyer County Board of Supervisors adopted the proposed Zoning Designation Amendment for the Property.The Property's zoning designation shall be amended to Residential/recreational Two(RR-2)of the following described real estate: Part of[he NW'/<of the SE'/<;505,T40N,R06W,�Parcel#012-640-OS-4201;Zoned Forestry One(F-lJ;29.81 Totol Acres. Purpose of reques[is to change 4.64 acres of the 29.82 to[al acres from Forestry One(F-IJ to Residential/Recreational Two(RR-2)for General Repair Shop to provide the community with a variety of mechanical repairs. Any person or persons jointly aggrieved by the decision of the County Board may commence an action in the Circuit Court for Writ of Certiorari to review the legality of the decision within 30 days after the date the decision was ratified by the County Board. Please contact the Zoning Office with any questions you may have. Kathy Marks Deputy Zoning&Conservation Administrator CC: Town of Hunter SAWYER COUNTY Sawyer County Zoning and Conservation Administra[ion 10610 Moin Suite 49 Hayward, Wisconsin 54843 (715J 634-8288 kathy.marks@sawyercountygov.org ��Jlr'U December 20,2019 RZN 19-017,Mark&Nancy Phillips On December 20, 2019 the Sawyer County Zoning Committee approved your application for a chonge of zone dis[rict on the following described reol esta[e to wit: Part of the NW'/. of the SE'/<;SOS, T40N, R06W,�Parcel#012-640-OS-4201;Zoned Forestry One(F-lJ;�9.81 Total Acres. Purpose of request is to change 4.64 acres of the 29.82 total acres from Forestry One (F-1J to Residen[ial/Recreational Two (RR-2J for General Repair Shop to provide the community with a variety of mechanical repairs. Motion by Nyberg to approve the application, second by Petit. Discussion held with Committee and Kozlowski. Roll Call finds:Buckholtz—yes, Nyberg—yes, Morgan—yes, Petit—yes, Paulsen—yes. All The Sawyer County Board of Supervisors must ratify the approval of the change in zone district before it becomes final. This will be scheduled for[he County Board meeting on January 16,2020 at 6:30 P.M.,in [he Circuit Courtroom of[he Sawyer County Courthouse. This decision is a remmmenda[ion to the County Board of Supervisors. Any person(sl lointty aggrieved by the decision of[he County Board may mmmence an action in the Circuit Court for Writ of Certiorari to review the legality of the decision wi[hin 30 days affer the da[e the decision is ratified by the County eoard. Ka[hy Marks Deputy Zoning& Conservation Adminis[rator CC: Town of Hunter � `� SAWYER � Y� C C7 U 1'.f T Y ...., ��, � ,�, ,�� ,, ; Rezone Request STAFF REPORT Prepared By: Jay Kozlowski File: # RZN 19-017 Applicant: Mark & Nancy Phillips 9057W County Hwy B Hayward, WI 54843 Property Location & Legal Description: Part of NWSE, SOS T40N R06W, parcel #012-640-OS-4201 Site address 9057W County Hwy B Approximately 4.64 acres out of 29.82 total acres currently zoned Forest One (F-1) Request: Rezone 4.64 acres of 29.82 total acres from F-1 to Residential/Recreational Two (RR- 2). Applicant would then apply for a conditional use permit for a general repair shop to provide the community with a wide variety of inechanical repairs. Summary of Request & Project History: The applicant(s) are requesting to conditionally rezone approximately 4.64 acres of F-1 to RR-2 (see attached map of parcel) of an existing parcel containing 29.82 acres. The proposed rezone would result in conforming lot dimensional requirements. The purpose of this request is to then apply for a CUP for a "general repair shop" which the Zoning Committee had reviewed at its October meeting. As part of that meeting it was discussed that the committee would view a general repair shop to fall into the same category as Section 17.3(B)(3) "Recreational service oriented uses which in the opinion of the County Zoning Committee are of the same general character or clearly incidental to a permitted use or use authorized by conditional use." Initially Sawyer County Zoning advised the applicant to potentially request the rezone to a commercial zone district. In conversations with the Town of Hunter they were hesitant to rezone this area to commercial. It was then decided to rezone to RR-2 as to fit more in line with the Town's Comprehensive Plan. Additional Information/details: See attached additional maps included in this packet. The nearest RR-2 zoned property in relation to this property is approximately 500' away along the County Hwy B corridor. There f � was also another rezone that was approved at County Board in August 2019 for a 10 acre parcel immediately across Hwy B from this property. Furthermore, the future land use map for the Town of Hunter shows this area as rural residential. There are just a few other residential structures within the immediate area. Findings of Fact for Approval: (choose from list below) 1 It would not be damaging to the rights of others or property values 2 It would not be detrimental to ecology, wild life, wetlands or shorelands. 3 It would not create an air quality, water supply, or pollution problem. 4 It would not create topographical problems such as run off, drainage, erosion, flooding, or vegetative cover removal. 5 It would not create traffic or highway access problems. 6 It would not destroy prime agricultural lands. 7 It would be compatible with the surrounding uses and the area. 8 It would not create an objectionable view. Findings of Fact for Denial: (choose from list below) 9 It would be damaging to the rights of others and property values. 10 It would be detrimental to ecology, wild life, wetlands or shorelands. 11 It would create an air quality, water supply, or pollution problem. 12 It would create topographical problems such as run off, drainage, erosion, flooding, or vegetative cover removal. 13 It would create traffic or highway access problems. 14 It would destroy prime agricultural lands. 15 It would not be compatible with the surrounding uses and the area. 16 It would create an objectionable view. .,i_ ;;'+ �\ \�i� Ui� 012&t4051201 Q 0125�46521�3 svo �p M �s��, �'�� 0126�4�J51101 � 0126j1G451243 ��\� 412�i40451202 � \`. ti�� C�4 ��. C�� \\' \ �a� 0126�7054203 ��r�_,�;,;� �`�� • `�Y- <u�3_, •' '� 0126�4+0641 Q1 h 0125�'�0531�1 ,� ,-�_• .. , `��c\,ti'�,;r,� o �� ry � � � \\ �\ , U� 2� �0.. JYl U� 41264('iC44102 \` <��_� ,,�� B � N �\ � \ G126+tOt�63=i41 j \��a `r�i j 012640�7543"vi sy� � 01264005�47 Q's � 0 100 200 300ft ��` `� DISCLAIMER�.This map is not guaranteed to be \\ � accurale,correcl,current,or complete and �� conclusions drawn are the responsibiliry of the \ user .._ �"._�.�..�..�w�nM��aM�i��f/i�HiY�Y��IY��YH��iY{I ��Y��Y�N��Y��Y��A��Y . . . . . . � N�IflW��YNH��N�.. . � ; Town of Hunter,Sawyer County,Wisconsin Map 8.4-Future Land Use � ;' ae��rc�2 � r � c memn�:�n�<�o�,i ♦MinenlE�tnction ResartRecreeHonal RunlReaiOential ��14�009 �-� ♦ c oa:� o�rem �co��ry H�snw,r' �a aoea jomm�.��,i vo..:ea<.m�„nni �ma�sen,i 4�'' M �ain�:��nrc.,,�e.�sno..i,�ea�.m<M;.i �' r�h � ; oeu<Hom� a �o�,irso:a � i,,,ar�u 1 . ,. ' . _ - .-- ,_- ql.— � orv,r ., 6 --__�— 1 � m�� ,.. , / ` ; 1 �� // � Oak� Rd / �`� � � �Q ' 1 � . O RdTwi Bay �Rd _ � � o� �� KelseY nQl : / � / �� a � � R i � �/� ,., �; �'� / � c`� � � j �%�K/// 'i / i - �\\ � ,� ' �'� ,%�' �� i � P loke ^y ' .r�j/ " �� / �/ o , /l f i-� j � , . � � � ' : . j i �� /� � Chippewa', '� i � % i \ � ' , flowage `� � � Is� i � �� / / �oa% ;� / / i i i ' �' r.. � i � �'� �/ /' � Jaiek.Rd /��. . /� j • . . � �aw� 1 1 kv , . , � � . , � � . d �.�p/ � � ��a � � 1 � , / .Y� s tt We�;Hd %�`� ,'�% � 1 ��mo e�y.i k� / / �� . � � 1 1 - - � � 1 • � �� ' : � ' -� � �- / � 1 � �/ / --�� 4 cc , � i � � � i i e ' ' ` _ `. i ! �� ._ 0 - � eas�._Fo�w R�i i j— " \ - � i � i � i i � ; N p �5 � Z 3 qMiles � � . � � lL��t�� r�� . ...... � .`� Tawn of Hunter Comprehensive Plan-Land Use density developments, it is recommended that development be limited to a minimum lot size of 5 acres with one single family dwelling and no further subdivision of the lot within this area. _ _ - - --` Rural Residenti � ra residential is an area where higher density residential development is projected to occur. To accommodate this level of development, 1.5 acre lots with a minimum 150 feet of frontage along public roads is recommended. Lands generally suitable for Rural Residential are those lands abutting public roads. � Shore/and Shoreland areas are represented by the lakes and rivers classification system as represented in � the county zoning ordinance. Development densities within shorelands will maintain a minimum density of 1 home per 20,000 square feet on Class I lakes, a minimum density of 1 home per 30,000 square feet on Class II lakes and streams & rivers, a minimum density of 1 ' home per 40,000 square feet on Class III lakes, and a minimum density of 1 home per 5 acres on Class IV lakes. These areas may include residential, recreational resort, commercial and other activities as allowed by use within the Sawyer County Zoning Ordinance. � Governmental/Institutional Areas including government administrative buildings and offices, fire halis, government � recycling facilities, utilities, hospitals, clinics and special care-facilities, public schools and colleges, fraternal organizations, and c�meteries, churches and other religious facilities. ' Mineral Extraction Areas currently mapped and future areas identified as extraction of non-metallic mineral I extraction. Outdoor Recreation � This category includes existing mapped outdoor recreational areas and future areas for park & recreational development, whether private or public, including hunting preserves, designated hunting management areas, a�d motorized and non-motorized recreation areas. � Land Use Goals,Objectives, Actions, Policies,and Programs � A set of recommended goals, objectives, and actions steps has been developed to assist the Town of Hunter in the area of land use. GOAL: A coordinated, planned development pattern consistent with the northwood's � character of the community. OBJECTIVES: � 1. Minimize the conversion of forest land for other purposes. Regulation Action: Require development standards for areas denoted as "Forest Rural ' Residential" on the town's "Future Land Use Map" for one residence per 5 acres. — - � s-2o � . � t SAWYER COUNTY BOARD OF SUPERVISORS RESOLUTION NO. a 0a G- U� Case t#19-017 Owners Name: Mark& Nancv Phillinx RESOLUTION TO AMEND SAWYER COUNTY OFFICIAL ZONING MAP WHEREAS, Wisconsin law permits Sawyer County (the "County") to adopt certain zoning ordinances and amend its exisling zoning ordinances, including amendments to the County's official zoning map; WHFRH;AR, ihe owner of real property located at Pan of the NW 'G of the SE '/<: SOS. I'40N ROGW• Parccl #012-G40-OS-4201; lhe "Property"), and as more fully describcd as set forth in Exhibit A, which is attached hereto and incorporated herein, requested a rezoning of the Property's zoning designation from I orestry One (P-11 t�� Re,idcntial!Rccrcational Two U2R-21 (the "Zoning Designation AmeudmenY'); WHEREAS, the Sawyer County Zoning Committee (the "Z,oning Committee"), at its meeting on I)rcemher ?O, 2019, reviewed the proposed 7.oning nesignation Amendment ror the Property; WHEREAS, lhe Zoning Committee voted to recommend approvaUdenial of the proposed Zoning Designation Amendment to the Sawyer County Board of Supervisors ("County Board"); xnd WHERF.AS, the County Board determined, at its meeting on .lanuar�l6, 20�0, that adopting/denying the proposed "Loning Designation Amendment for the Property is warranted to protect the health, welfare and safety of its citizens. NOW,THEREFORF. BE IT RESOLVED, by the Sawyer County Board of Supervisars approves/denies the following: I. Amendment to Official "l,oning Maa. The Properly's zoning designation shall be amended to �f� , i',�_ _. 2. Additional Actions. The Sawyer County Department of Zoning and Conservation Administrator (or his/her designec) shall take all nccessary steps to cnsure that the amendment adopted herein is completed. 1'his Kcsolution is recommended fi��ado�ption�/ sappruval by the Sawyer County Boazd of Supervisors at its meeting on Janu<�ry I�, 'ZIi'1O by this Sawyer County 7_oning Committee on ihis Dccembcr 20. 2019. L "/yL &-�^,c�� _ �� , Ron Buckholtz, Chairman Bruce Paulsen, Vice-Chairman -----_ __ _ _ �(�.,,:,,,-�� ,�e,..�. James Bassett, Metnber Elaine Nyberg, Member J 7 �_ Troy M an, Mc� cr Da ctit, crn c cmhrr 'i'his Resolution is hereby adopted/disapprovcd by the Sawyer County Board of Supervisors this 1 G�h dav uf Janu:irv. ?(l?0. � �� ._.G=Lr_.___— � --��/�W—C ��i�c�""'"l.4 �V(.,, Shuman, Carol Williamson awycr County Board of, pervisors Chairman County Clerk EXHIBIT A Property Dcscription Part of the NW'/.of the SE'/.;505,T40N,R06W; Parcel#012-640-OS-4201;Zoned Forestry One(F-i); 29.82 Total Acres.4.64 Acres of the 29.82 Acres to be rezoned. Cdee iii7-Gi7 Owners Name: Mark&Nancy Phillips F.XHIBIT B Findings of Fact 1) It would not be damaging to the rights of others or property values. 2) It would not be detrimental to ecology,wild life,wetlands or shorelands. Case N19-017 Owners Name: Mark&Nancy Phillips Rezone case 19-017 Owners: Mark & Nancy Phillips Part of NWSE, SOS T40N R06W, parcel #012-640-OS-4201 Site address 9057W County Hwy B. 29.82 total acres currently zoned Forest One (F-1) Request is to Rezone 4.64 acres of 29.82 total acres from F-1 to Residential/Recreational Two (RR-2). The purpose of this request is to then apply for a CUP for a "general repair shop" to provide the community with a wide variety of inechanical repairs. As part of the zoning committee meeting in October it was discussed that the committee would view a general repair shop to fall into the same category as Section 17.3(B)(3) of the Sawyer County Zoning Ordinance that this would be classified as a "Recreational service oriented uses which in the opinion of the County Zoning Committee are of the same general character or clearly incidental to another permitted use or use authorized by conditional use." Initially Sawyer County Zoning advised the applicant to potentially request the rezone to a commercial zone district. In conversations with the Town of Hunter they were hesitant to rezone this area to commercial. It was then decided to rezone to RR-2 as to fit more in line with the Town's Comprehensive Plan. The nearest RR-2 zoned property in relation to this property is approximately 500' away along the County Hwy B corridor. There was also another rezone that was approved at County Board in August 2019 for a 10 acre parcel immediately across Hwy B from this property. Furthermore, the future land use map for the Town of Hunter shows this area as rural residential. There are just a few other residential structures within the immediate area. There ��as 8 opinion let�ers sent out to nearby prop�rty owners. 3 ��ere returned a11 with no obiectio��s. "I�he "I'o«�n as approved the rezone requcst l��ith no additional comments. �t the �a��yer County Zoning public hearing me�eting on December 19, 2019 it was recommended for approval to County Board by a vote of 5='�with the findings of fac;ts detennined as: 1 It would not be damaging to the rights of others or property values. 2 It would not be detrimental to ecology, wild life, wetlands, or shorelands REFERRAL TO ZONING COMMITTEE FOR CHANGE IN ZONE DISTRICT Owner(s�:Mark&Nancy Phillips Town of:�Nl.C.UTER, Change from District: Forestry One(F-1)to Residential/Recreational Two(RR-2). Whereas,an application for a change in zone district has been filed with the Sawyer County Clerk on:October 28,2019 Said application is hereby referred to the Sawyer County Zoning Committee,which is hereby directed to hold one or more Public Hearings on the change proposed in said application pursuant to Section 59.97(5)(e),Wisconsin Statutes. Dated this 28�h day of October,2019 C� �v��, Carol Williamson,County Clerk l Town of Hunter County of Sawyer SUBJECT: Change in Zone District Application TO: Sawyer County Zoning & Conservation Administration 10610 Main Street, Suite 49 Hayward, Wisconsin 54843 E-mail: kathy.marks@sawyercountygov.org Owner: Mark & Nancy Phillips Email: markphillips@concortoo.com 9057W County Hwy B Phone: 715-462-3914 Hayward, WI 54843 Property Description: Part of the NW % of the SE '/<, SOS, T40N, R06W; Parcel #012-640-OS-4201; Zoned Forestry One (F-1); 29.82 Total Acres. Purpose of request: Is to change 4.64 acres of the 29.82 total acres from Forestry One (F-1) to Residential/Recreational Two (RR-2) for General Repair Shop to provide the community with a wide variety of inechanicaf repairs. Change from District: 4.64 acres Forestry One (F-1) to District: Residential/Recreational Two (RR-2) By Action ofthe Town Board, use is (�proved ( )Tabled ( ) Denied Public Hearing: December 20, 2019 at the Sawyer County Courthouse at 8:30am ; r> , ` � �,C�+.� .�`: � �` -��T �/r�-G' � ��i� Laur� Rusk, Chairman Jim Dier, Supervisor 1 1 � ii �✓ Kay Ryan, Supery or ' � 1} f S �i ^ � � 1` _ -._ 1� DCC � � 2"�3S �--J �----- � r.A'eWL"�'i CO'�NTY ZOPJIidf RCtJ!!N'S''RATION Dear Members of the Town Board: Your Town Board decision is an integral part of the decision making process for the Sawyer County Zoning Committee. The Zoning Committee would like your cooperation in stating the reasons or comments why you approved, denied, or tabled the request. Re: RZN# 19-017; Mark& Nancy Phillips Dated this � ��of � Gvu��'� , Zp�. `� Z C�� %;� , U�- Patricia Swaffield, Clerk SAWYER COUNTY Sawyer County Zoning and Conservation Administration 10610 Main Stree[, Suite 49 Hayward, Wisconsin 54843 (715J638-3225 E-mail: kathy.marks@sawyercountygov.org November 1,2019 NOTICE OF PUBLIC HEARING DATE Mark&Noncy Phillips;RZN#19-015 Your application for a Change in Zone District will be cansidered at a Public Hearing before the Sawyer County Zoning Commit[ee on December 20, 2019. This Hearing will begin a[ 8:30 A.M. in [he Sawyer County Courthouse, 10610 Main Street, Hayward, Wisconsin. lt is recommended that either you or a representative be present at the Hearing. A lack of information about the application may result in unnecessary delay of a decision. Failure to appear may also result in the denial of the application. If it is impossible for you or a representative to be present,p/ease submit a written statement addressed to Ronald Buckhaltz, Chairman of the Zoning Committee [o the above address. This statement should include the purpose of the request or your proposed intentions and a description of the general terrain and surrounding development. Photographs of the property and/or buildings would be beneficial. Indicate the undue hardship inflic[ed upon you 6y conforming ta the present zane district and the compatibility of the proposed use with the surrounding land uses and indicate how your proposal would not be contrary ro the public interest. Your application will also go before the Town Boord for their review. Some townships also have a Planning Cammission. Pleose contact the Town Cle�k,Patricia Swaffield,at 715-461-9429,or townhunter@centurytel.net to confirm the date and time of the Planning Commission and Town Board meeting for your attendance or the attendonce of your ogent. Ka[hy Marks Deputy Zaning& Conservation Administra[or