Plan Commission Minutes

Town of Washburn

Town Hall

Sunday, November 5, 2023

Members present: Kim Bro (chair), Jim Park (town board representative), Tim Schwenzfeier (vice chair).

Members absent: Cyndi Belanger (secretary), Hallie Sandberg.

Others present: Sandy Raspotnik (town chair), Connie Cogger, Becky Brown, Michael McKenna, Rebecca Lawrence, Nate Rudolph, Gina Park.

Present on Google Meeting: Hans & Lauren Dahl

1. Chairman Bro called the meeting of the commission to order at 5:00 P.M. and verified its legal notification (posted at town hall and Tetzner Dairy) on November 2, 2023 and on town website.

2. At 4:00 P.M. prior to the meeting, the commission conducted a site visit for the driveway permit application of Craig Johnson to install a driveway on his 5.6-acre parcel in a Forestry 1 zoning district (~S½ SE¼ SE¼SE¼ Section 32 T.49N R.5W; Tax ID # 39119; south of the private driveway leading to 76135 Paulson Rd.). Mr. Johnson met with the commission for the site visit. The forested property is on relatively level sand‑over‑clay soils (2-6% slope) that drain north to a Class 2 trout stream that is tributary to the Sioux River. Mr. Johnson had placed wire flags indicating the proposed location of the driveway and the area to be cleared on either side. He placed flagged rebar indicating his preliminary plan for the location of a garage (21’x25’) and a house (33’x25’). No culverts will be needed, and the proposed turnaround tee provides an adequate turning radius and distance for emergency vehicles. The proposed development is more than 300 feet from Paulson Road with much natural forest screening between the proposed development and the road.
3. At 4:30 P.M. prior to the meeting the commission conducted a site visit for the county Class B Special Use Permit application of Hans & Lauren Dahl for adding a 75’x100’ pole building for “building contractor equipment and material storage” southeast of an existing 75’x100’ pole building and 35’ west of the east property line of their 10.5-acre parcel in an Forestry 1 zoning district (part of W½NE¼SW¼ south of Paulson Rd Section 33 T.48N R.5W; Tax ID#: 35562; 76440 Paulson Rd). Hans’s father Severt met the commission members at the site. The Dahls have removed trees and placed many truckloads of sand over the sand‑over‑clay soil (~10% slope) to create a level site for the proposed additional storage building. There are motion-activated exterior lights without shields that glare into the adjacent properties. At this time, there are no erosion control measures on the fill to prevent the fill from eroding after construction of a building when the future roof drips to the east side of the property. Runoff at the site seeps into surface sand and flows through the soil to the south east. There is erosion control silt fencing at the edge of the property approximately 35 feet from the fill. There is a swale between the fill and the property line. At this time, with no impervious surfaces on the building site, there is no indication of gullying.

4. The minutes of the September 11, 2023 meeting were approved (Tim moves, Jim seconds).

5. The commission recommends (Tim moves, Jim seconds) that the town board approve the driveway permit for Craig Johnson. The proposed layout meets the drainage, visibility, roadbed, and turnaround requirements of the driveway ordinance. The layout is not expected to affect erodibility or seeps of the transitional (sand-over-clay) soils, and the significant natural vegetation between the site and Paulson Road will retain the forested character of the area.
6. There was significant discussion among attendees of Hans and Lauren Dahl’s county application to add a second storage building for the business on the property where the duplex homes for them and Hans’s father are located (see attached written comments submitted prior to the meeting). Comments related to 1) business-related traffic increasing wear and dust on Paulson Road, an unpaved road, potential offsite runoff from the roof of the new building, the noise from the back-up warning of trucks, light pollution from exterior security lights, and illegal, residential use of the current building. Hans said that most of the recent heavy traffic at their property is related to bringing in fill for the proposed building. He said that the added storage building would allow the company to place indoors many vehicles currently visible from Paulson Road. He said that in 2014 he planted many white pine seedlings between the road and the current building, but they have not grown enough to create a natural vegetative screen between the town road and the building. Hans said there was a previous use of the current building as a residence, but no residential use has occurred after the duplex was built. He said that the exterior security lights are connected to motion sensors, but the sensors have to be reset after a power outage to prevent them from remaining on continuously.

   Kim mentioned that the town board recommended approval of the original Class B Special Use Permit in 2014 noting that the business would be a good addition to the town. Bro noted that there are other building contractors with pole buildings in Forestry‑1 zoning districts in the town, and there are other residents who operate several business-related vehicles from pole buildings on their home properties. Tim said that, in addition to his long-time, building contractor business on Hove Lane, there is Bob Olson’s sand pit that uses the unpaved road. He expects that the traffic level on Hove Lane is comparable to, if not greater than, the traffic on Paulson Road. Jim said that, while the town is responsible for road maintenance, it cannot dictate how much the public traffic is allowed to use town roads. Several unpaved town roads receive frequent use and wear.

   Kim mentioned that the County Planning and Zoning Committee decides on the issuance of Class B Special Use permits. The town board only can make recommendations to the county regarding the permit. Kim mentioned that the Bayfield County Zoning Ordinance lists “Building Contractor Equipment and Material Storage” as a use that may be permitted in a Forestry‑1 zoning district if specific, measureable conditions listed in the ordinance can be met.

   The commission discussed with the Dahls permit conditions that they would accept: 1) place erosion control along the east dripline of the roof to prevent the fill from eroding at the back of the new building, and establish a dry swale between the building and the property line so that roof runoff will seep into the sandy soil on-site and not create gullies extending from the site to neighboring properties, 2) add native shrubs between Paulson Road and the pole buildings that will more rapidly grow to provide a natural, vegetative screen along the road, 3) place shields and maintain motion sensors on all exterior lights so that lights shine downward around the buildings and is diverted from shining directly toward adjacent properties, and 4) maintain normal business hours for traffic and noise on site of 6:00 A.M. to 6:00 P.M. The Dahls are amenable to these conditions. The Dahls acknowledged that residential use of the pole buildings is not permitted.

   The commission recommends (Tim moves, Jim seconds) that the town board recommend county approval of the Dahl’s Class B Special Use Permit application to construct an additional pole building provided that the four conditions listed above are met. With these conditions, the proposed project will encourage a local business that is compatible with the rural character (Goal 8.4), add natural vegetative screening appropriate for a forested area (Policy 8.1.e), and accommodate the erodibility of transitional (sand-over-clay) soils (pp.7‑22 & 8‑24).

7. Kim mentioned that the public hearing on the updated county comprehensive plan will be at 6:00 P.M. on Tuesday, November 14 at the county board room. Many of the elements in this updated plan are likely to be addressed in the update to the town’s comprehensive plan. The town will be contracting with Northwest Regional Planning Commission to update the town plan. The regional planning commission assisted the county in updating its plan.

8. The commission selected Sunday, December 3, 2023 3:30 P.M. for the next meeting if site visits are required.

9. The meeting adjourned at 6:00 P.M. (Tim moves, Jim seconds).

Draft submitted by: Kenneth Bro, Chair, Town of Washburn Plan Commission (November 14, 2023).

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Plan Commission Report

The commission recommends that the town board renew approval of the driveway permit for Craig Johnson. The commission recommends that the town board recommend county approval of the Class B Special Use Permit for Hans & Lauren Dahl to add a second pole building (75’x100’) southeast of their existing pole building for “building contractor equipment and material storage” provided that four conditions are required to enhance natural screening, control potential erosion and surface runoff, reduce off-site glare of lights, and maintain normal business hours within 6:00 A.M. and 6:00 P.M.