HomeMy WebLinkAbout006-1076-10-000S T. CRrOIX Community Development
/ �' + 1101 Carmichael Road Hudson WI 54016
CC,,= = �NTY Telephone: 715-386-4680 Fax: 715-386-4686
i,S C�M4(t www.sccwi.gov
February 27, 2023
Nextgen Broadband
Tim Kusilek
316 3`d Ave.
Clear Lake, WI. 54005
RE: Conditional Approval: File# CUP-2023-001
Project Location: Sec. 33, T31N R16W, Town of Cylon
Project Address: 1802 224th St. New Richmond, WI 54017
Nextgen Broadband,
The St. Croix Board of Adjustments held a public hearing on February 23, 2023, to review your
request to construct a Wired Communication Facility in the R-2 Residential Zoning District at the
above -stated address and granted the request on February 23, 2023, with the conditions as follows:
1. Construction of the wired communications facility shall be in accordance with the submitted site
plan and supporting information.
2. The site shall comply with off-street parking standards listed in Section 15.430 Parking and
Loading.
3. The applicant shall have one (1) year from the date of approval of this conditional use permit to
begin construction and two (2) years to complete the project and complete the final inspection
with the department.
4. All other applicable local, county, state, and federal permits shall be obtained prior to
construction.
5. Should the work associated with the building permit not be completed and inspected prior to
the permit expiring, then this approval may be revoked.
6. These conditions may be amended, or additional conditions may be added if unanticipated
circumstances arise that would affect the health and/or safety of citizens or degrade the natural
resources of St. Croix County. Conditions shall not be amended or added without notice to the
applicant and an opportunity for a public hearing.
7. All present and future owners of the property must adhere to the standards and conditions of
the approved Conditional Use Permit. Any change or addition in use of the property, buildings;
or modification of or addition to the property or buildings shall require review by the Zoning
Administrator to determine if the use may be allowed. The decision applies to the property
rather than the individual, is valid for only the specified property, and is not transferrable to other
properties.
Reed Junco I reed.junco@sccwi.gov I Dir. (715) 386-4683
8. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful
manner. Nothing herein shall be deemed to authorize any public or private nuisance or to
constitute a waiver, exemption, or exception to any law, ordinance, order or rule by the Town,
St. Croix County, State of Wisconsin, United States or other duly constituted authority, except
only to the extent that it authorizes the use of the Subject Property in any specific respects
described herein
9. Upon the discontinuance of the use of a two-family dwelling on said premise for a period
exceeding 365 days, the issuance of the conditional use permit shall automatically become
invalidated. The burden of proof shall be on the property owner to conclusively demonstrate
that the conditional use was operating during this period.
10. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction
to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or
paragraph shall not void the remainder of this conditional use and the remainder shall continue
in full force and effect.
Your information will remain on file at the St. Croix County Community Development Department
suite, along with a the attached signed Finding of Fact. It is your responsibility to ensure compliance
with any other local, state, or federal permitting or regulations, including contacting the Town of
Springfield to inquire if additional permissions are required. A copy of the Conditional Approval
Letter should be submitted to the town's local Building Inspector upon applying for town building
permit(s).
Please feel free to contact me with any questions, concerns and/or to schedule the required
inspections. I am typically available Monday -Friday from 8:00 a.m. — 4:30 p.m.
Respectfully,
Reed Junco
Land Use Technician
cc: File
Reed Junco I reedjunco@sccwi.gov I Dir. (715) 386-4683
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number:
Applicant:
Agent:
Complete Application Received:
Hearing Notice Publication:
Hearing Date:
Decision Date:
CUP-2023-001
Nextgen Broadband
Tim Kusilek
December 29, 2022
February 9 and 16, 2023
February 23, 2023
February 23, 2023
FINDINGS OF FACT AND CONCLUSIONS OF LAW
�G,CppY
Having heard all the testimony and considered the entire record herein the Board of Adjustment makes the following
Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests:
1. The property owner is Jason Erickson and applicant is Nextgen Broadband.
2. The site is located at 1802 224t' Street New Richmond Wl 54017; Part of the SE 1/4 of the SW V4 of Section
33, T31N R16W, Town of Cylon, St. Croix County, WI.
3. The property is 4.75 acres in size and is located within the R-2 Residential Zoning District.
4. The applicant filed an application with the St. Croix County Board of Adjustment for a Conditional Use Permit
to construct a Wired Communication Facility in an R-2 Residential Zoning District per Chapter 15.285.2 Use
Table of the St. Croix County Zoning Ordinance.
5. There is no proposed onsite well or sanitary system.
6. The Board of Adjustment shall only grant a conditional use subject to the provisions in Section 15.550.6
Approval Criteria, which is stated as follows:
■ The proposed use complies with all applicable standards of the zoning district, the Development
Standards, and any applicable Use Regulations.
The proposed structure will be within all setbacks and building size/height requirements established by
St Croix County Zoning Chapter 15.231 for the R-2 Residential District.
■ The proposed use will not cause a reduction of the property values in the affected neighborhood.
The construction of a wired communications building will not lower the value of neighboring parcels.
■ The proposed use would not constitute a nuisance by reason of noise, dust, smoke, odor, lighting, water
or air contaminants, traffic, stormwater runoff quantity or quality, pests, or similar factors.
The results of the proposedproject would not constitute a nuisance in and of itself. The site will be used
to maintain communication infrastructure and will not be occupied on a regular basis.
■ The use does not violate the spirit or intent of this chapter.
The purposes of the zoning code that apply to this request are to encourage planned and orderly land
use; protect property values and property tax base. All of which this proposed request fulfills.
DECISION
Based on the Findings of Fact and Conclusions of Law, Staff recommend approval of the Conditional Use Permit
to construct a wired communication facility at 1802 224th Street within the Town of Cylon with the following
conditions:
1. Construction of the wired communications facility shall be in accordance with the submitted site plan and
supporting information.
2. The site shall comply with off-street parking standards listed in Section 15.430 Parking and Loading.
Pagel of 3 CUP-2023-001
3. The applicant shall have one (1) year from the date of approval of this conditional use permit to begin
construction and two (2) years to complete the project and complete the final inspection with the department.
4. All other applicable local, county, state, and federal permits shall be obtained prior to construction.
• 5. Should the work associated with the Conditional Use Permit not be completed and inspected prior to the
permit expiring, then this approval may be revoked.
6. These conditions may be amended, or additional conditions may be added if unanticipated circumstances arise
that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix ' County.
Conditions shall not be amended or added without notice to the applicant and an opportunity for a public
hearing.
7. All present and future owners of the property must adhere to the standards and conditions of the approved
Conditional Use Permit. Any change or addition in use of the property, buildings; or modification of or
addition to the property or buildings shall require review by the Zoning Administrator to determine if the use
may be allowed. The decision applies to the property rather than the individual, is valid for only the specified
property, and is not transferrable to other properties.
8. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing
herein shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption, or
exception to any law, ordinance, order or rule by the Town, St. Croix County, State of Wisconsin, United
States or other duly constituted authority, except only to the extent that it authorizes the use of the Subject
Property in any specific respects described herein.
9. Upon the discontinuance of the use on said premise for a period exceeding 365 days, the issuance of the
conditional use permit shall automatically become invalidated. The burden of proof shall be on the property
owner to conclusively demonstrate that the conditional use was operating during this period.
10. Should any paragraphs or phase of herein be determined by a court of competent jurisdiction to be unlawful,
illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the
remainder of this conditional use and the remainder shall continue in fall force and effect.
The request was approved unanimously.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the filing
date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no responsibility for action
taken in reliance on this decision prior to the expiration of the appeal period. St. Croix County does not certify that the
identity of all persons legally entitled to notice of the Board of Adjustment proceedings, which resulted in this decision, was
provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a transcript of the
Board of Adjustment proceedings to the circuit court. The Community Development Department can be contacted for
information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record (file) of
this matter to the circuit court.
Z G BOARD OF ADJUSTMENT
Signed: 1 14 ek,
Clarence W. Malick, Chairperson
Date Filed: IPC b ruov� 23, 2023
Page 2 of 3 CUP-2023-001