Zoning

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WI Court of Appeals – District III

Case Name: Kristle Majchrzak v. Bayfield County

Case No.: 2022AP001241

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Zoning

Kristle Majchrzak and Robert Glau, operating as Kristle KLR, appealed a Bayfield County Board of Adjustment decision denying their application for a conditional use permit (CUP) to construct a water collecting facility. Kristle’s property, zoned as Residential-Recreational Business (R-RB), was intended for permanent or seasonal residential development and associated recreational use. They had previously obtained a “well notification” from the Department of Natural Resources (DNR) for constructing an artesian well. However, their CUP application, categorized under “irrigation facility,” was denied by both the Bayfield County Planning and Zoning Committee and subsequently the Board, which upheld the decision on the grounds that it did not comply with permissible uses for R-RB zoning.

Kristle challenged the Board’s decision in circuit court, which upheld the denial, prompting this appeal. On certiorari review, the appellate court’s scope was limited to evaluating if the Board acted within its jurisdiction, followed correct legal principles, and made a reasonable decision based on the evidence.

Kristle argued that the Board did not have concurrent jurisdiction with the DNR over their project and that their proposal met the zoning code’s definition of permissible uses. However, the court concluded that the Board reasonably interpreted the zoning ordinances, entitled to deference as they were unique to Bayfield County. The Board determined that the DNR’s well notification did not equate to a permit addressing zoning concerns and that Kristle’s project required a CUP as the zoning code did not consider the DNR’s role sufficient to bypass local zoning regulations.

Ultimately, the appellate court affirmed the Board’s decision, supporting the denial of Kristle’s CUP application based on reasonable interpretations of the county’s zoning ordinances.

Affirmed.

Decided 06/11/24

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