07/03/13 – Plan and Review Comm. Public Hearing Minutes (amended)

Town of Spider Lake Plan and Review Commission
Public Hearing Meeting
July 3, 2013 6:00 pm

The Town of Spider Lake Plan and Review Commission held a public hearing July 3, 2013 at the Town Hall located at 10896W Town Hall Road, Hayward, WI 54843. The purpose of the meeting was to consider approving Conditional Use Permit: Land owner: Birchwood Condominium c/o Dan Dernabach, Treasurer, Site Address: 9314 Birchwood Drive, Located in Sec 30, T42N, R06W, Condo Decl. 370/101, Zoned RR-2. Requests dredging entrance to existing Marina from Lost Land Lake.

Chairman Hucker called to order the Spider Lake Plan and Review Commission public hearing at 6:03 p.m. Committee members attending Ross, Brandt, Cerman, alternate Overman, Zoning Administrator S. Boss and Acting Secretary J. Boss.

Chairman Hucker read the Public Hearing notice that were published in the Sawyer County Record on June 19 & 26, 2013.

Zoning Administrator Boss verified that he had mailed the notice of the meeting to 11 property owners within the 500 feet and also to Dan Dernabach, Condo Treasurer. 4 notices were returned. 2 property owners had no objection to the proposed dredging and 2 were against it.

Hucker noted that 4 individuals had signed the sign in sheets, none of whom checked yes or no for the testimony. Hucker opened the floor to the public for any testimony being for or against the dredging project. No one had any testimony. Hucker closed the floor to the public, reserving the right to reopen if someone else from the public came into the meeting and wished to speak.

Zoning Administrator Boss had done a site inspection at site of dredging. Upon doing the site inspection, Boss noticed this was the site where dredging had been done previously back in July 2004. Boss noticed that a “no mow” area had been cut and was in violation of the terms of the mitigation plan approved in 2004.

Hucker asked Boss if this was the first time this has happened in this area. Boss informed the commission that back in 2008 there was a problem with mowing in this same area. Dan Dernbach stated that their mowing company had decided to mow this area without Condo Association knowledge. Since there is no caretaker living on the property full time and the owners of the condo do not make it up to their cabins for months at a time, they were not aware of what was happening. Tim Wuerger did state that he had been up to his property Memorial Day weekend and the area had not been mowed at that time. Dernbach was able to inform the commission that the mowing company had mowed the property 3 times already this year due to a bill that he had received, but were not sure when the “no mow” area was mowed. Dernbach did state that the stakes which had been in place after the 2004 mitigation plan was approved and placed again after the 2008 violation were removed after the buffer zone was established to prevent the children in the condo from getting injured. Dernbach did promise the commission that the stakes would be replaced.

Boss presented to the commission pictures of the current areas, showing where the buffer zone had been mowed. After much discussion Hucker recommended that Condo Association contact Sawyer County Soil and Conservation to find out what type of planting, such as small trees or shrubs could be placed to mark the 35’ buffer zone instead of stakes. It was decided that a citation would not be issued at this time if the Condo Association agreed to pay for 5 inspections by the Zoning Administrator Boss at $150. for each inspection over a 10 year period. The first inspection would be to mark the 35’ buffer zone, second inspection would be in the fall when the planting are in place, and the last 3 inspections would be done randomly throughout the next 10 years.

Hucker entertain a motion to table the dredging conditional use permit until the August 7th meeting, when the Birchwood Condominium could come back with a plan to insure that the “no mow” problem is resolved. The Condo Association needs to have a mitigation plan with the agreement of the inspections to the Zoning Administrator Boss before August meeting. If Boss comes back and informs the commission that it meets all conditions, the dredging conditional use permit could be voted on at that time. Overman made a motion to table the dredging conditional use permit until August 7th meeting, seconded by Ross. Commission had no further discussion on this matter. All in favor, motion carried.

Motion made by Overman to close the Public Hearing and seconded by Ross. All in favor, motion carried.

Minutes submitted by Janet Boss Acting Secretary

08/11/13 – amended due to a misspelled word

Download Hearing PDF