11/01/17 – Public Hearing Minutes

Minutes of Public Hearing
November 1, 2017
Town of Spider Lake
Sawyer County, WI
6:00 P.M.

The purpose of this Public Hearing was to obtain public comments regarding a request for a Conditional Use Permit submitted by Tony and Karna Kroening requesting permission to allow for the installation of a lift and two oversized, nonconforming decks for a physically cognitively disabled child: Down Syndrome, and an adult male with traumatic brain injury, and auto immune rheumatoid arthritis for the Plan commission to possibly take action on the request.

The meeting was called to order by Hucker at 6:00 p.m. All commission members were in attendance, with the exception of Cerman. Zoning Administrator Boss also was present. Hucker noted that two people signed in (The sign-in sheet will be attached to the minutes.). Hucker opened the public comment session. The notice was duly published in the Sawyer County Record on 10-18-17 and 10-27-17 and the language of the notice will also be attached to the minutes. Once the public input segment is complete, the PRC will deliberate on the proposal

Tony Kroening, and Peter Halls were present to give testimony. Mr. Kroening thanked Boss for his assistance and indicated that he was prepared to listen and answer any questions persons had. He is the person who has the brain injury and sometimes it takes time for him to process verbal communications. He is able to drive. He thinks he understands the process.

Peter Halls summarized the written objections that were submitted by his wife and him (See attached written objections). He also noted that the ADA does not apply.

The public comment segment of the hearing was left open to see if anyone else appeared and wanted to speak to the project. In the interim Boss noted that he sent written notice to landowners as required by the ordinance. Of the eight notices sent out, two were not returned, three do not object, one party does not object and provided comments, and two objected with comments. As noted Halls summarized his comments and Boss summarized comments received from the Hallenbecks. All written comments will be attached in the minutes.

Boss was concerned about proposed placement of decks, etc. A notice of violation has been issued. Boss described what was added and what had been there, including what required a permit. Boss also noted that no mitigation plan had been submitted and the WDNR had not approved placement of a couple of posts that supported an expanded deck. Boss provided photos of the deck placement. Also, it was noted that one portion of the replaced deck was two feet wider than what had been in place.

There was extensive discussion of the size of the proposed use corridor for the proposed decking, lift, etc. There were a number of questions from members of the Commission as to why the proposed lift could not fit in the existing use corridor if it is approved. Also it was noted that one portion of the replaced deck was two feet wider than what had been in place.

Hucker noted that there are many open questions and asked if the PRC was prepared to make a decision based upon the information provided. Members of the PRC stated the preference was to fit anything that was needed in the preexisting 43’ wide use corridor. If the lift is adjacent or attached to the steps, Boss was of the view he might be able to approve the lift without a CUP. Mr. Kroening described some of the concerns for his son.

Hucker indicated that the PRC could continue the matter to give the applicants the opportunity to review their options including streamlining the lift, addressing the concerns of objectors, addressing a shoreland mitigation plan within 35 feet of shore, etc. Tony Kroening agreed to reevaluate the location of the lift. He will be working with Boss to find a solution. Motion was made by Brandt and seconded by Mazik to defer any action on this issue this evening, pending a report back from Boss that he was able to resolve the matter without a CUP or that the PRC needed to hear the matter at its December 6th meeting, if further action is needed. Hucker asked that any “new” plan be provided to the Halls and Hallenbecks. In any event a double permit fee will be required and any DNR concerns will need to be addressed as well. Motion carried 4-0.
Hearing is continued to 6:00 P.M. on December 6, 2017 if needed.
Public hearing was concluded at about 7:20 p.m.

Brian S. Hucker
PRC Chairman

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