County board denies Straybill rezone after town files statutory resolution removing county jurisdiction

The Sawyer County Board of Supervisors voted Thursday to deny a rezone request (25-003) from residential to commercial for property owned by William and Ashley Straybill in the Town of Hayward.

The rezone would have changed a 1.25-acre parcel (Parcel 010941333408) from Residential-1 to Commercial-1 to allow an equipment repair business. Several nearby residents spoke at the meeting and urged denial, citing concerns about noise, diesel fumes, traffic and “spot zoning.”

“I am here objecting to the approval of the Scribe property from residential to commercial. The property is way too small,” said Charlotte Schultz, who said her home sits next door and raised distance, noise and water-table concerns. Scott Schultz, who also lives on West Anderson Road, called the request “spot zoning” and said the town of Hayward had already voted against the rezone twice.

The county zoning committee had recommended approval by a 3–2 vote. The Town of Hayward recommended denial by a 3–2 vote and filed a statutory resolution of disapproval under Wisconsin Statute 59.69(5)(e)(3). County legal counsel advised the board that when an affected town files such a resolution with the county clerk it removes the county board’s jurisdiction to grant the rezone for that area; the statute anticipates the town resolution be filed before the county zoning committee makes its determination, but counsel said the late filing has the same legal effect.

County counsel encouraged supervisors not to approve the rezone. A motion to deny the rezone as set forth in the town’s resolution passed on the floor (motion by the supervisor who moved, second by a board colleague); the transcript records the motion, second and the board’s affirmative vote but does not list a roll-call tally in the audio record.

Planning staff’s summary to the board noted the parcel is 1.25 acres, the nearest Commercial-1 property in Hayward is about 1,800 feet to the north, and that the Town of Hayward comprehensive plan does show this area as future commercial; however, staff also noted the earlier town vote and the filed resolution under statute 59.69(5)(e)(3) that limits county jurisdiction. The board’s formal action was to deny the rezone consistent with that statutory effect.

The applicant may reapply after statutory waiting periods. County planning staff said an applicant would generally need to wait 12 months from the public hearing date before re-filing under the county zoning ordinance.