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Home My WebLink About006-1040-40-050 (2) ST. CROIX COUNTY fw-- - WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 - (715) 386-4680 • Fax (715) 386-4686 June 16, 2004 File Ref: Bob Herlihy Selective Site Consultants, Inc. 8500 W. 110th St., Suite 300 Overland Park, KS 66210 Re: Board of Adjustment Decision Dear Applicant: The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to locate a telecommunication tower in the Ag/Residential District and has approved this application with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincerely, 14- Rod Eslinger Interim Zoning Director dz Enclosure cc: Shar Croes, Clerk, Town of Cylon, w/enclosure Gary and Arlene Halleen, w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: ()Re04 14a Ike e v, Applicant: Goldstar Cooperative/ Agriliance Complete Application Received: March 10, 2004 Hearing Notice Publication: Weeks of April 5 and 12, 2004 Hearing Date: April 22, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The owner of the property is Gary M. and Arlene L. Halleen, 1580 Timberwood Trail, Woodbury, MN. The applicant is T-MobileNoiceStream Minneapolis, whose agent is Robert M. Herlihy, Selective Site Consultants, Inc. 2. The property is located off of 200th Street in the W t/2 of the SW '/4, Section 18, T31N- R16W, Town of Cylon, St.Croix County, Wisconsin. 3. The Board of Adjustment finds that the requirements have been met to grant the special exception pursuant to Section 17.85(2)(b)2 of the St. Croix County Tower Ordinance. This request is allowed in the Ag/Residential District with a special exception permit. 4. The Board finds that by granting this request, it will serve a public need. The applicant demonstrated the need for the tower to be located in this part of St. Croix County to cover a gap in service to the public. 5. The Board believes that concerns raised by property owners have been adequately addressed. 6. The Board finds that the tower has been designed by professional engineers and the request complies with the county ordinance requirements. 7. Jeff Nelson, tower consultant for the County, has reviewed the application and has recommended that the tower be approved in this area to improve wireless service to that company's customer base. 8. The Board finds that the location set aside for the placement of the tower on the site allows for the owner to make the most use of the land for continued farming on the property. 9. The proposed tower will provide for co-location for other tower companies. 10. The color of the tower will minimize the visual impact. 11. The Board finds that the request is not contrary to the public interest. 12. The Board finds that the spirit and intent of the ordinance would be met by granting this request. DECISION On the basis of the above Findings of Fact, Conclusions *of Law, and the record herein, the Board approved the applicant's request for a special exception use permit to locate a 195-foot monopole telecommunications tower in the Ag/Residential District, based on the following findings: 1. A building permit must be obtained from the Town of Cylon prior to construction. 2. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 3. The Zoning Office is to be notified at the start and the finish of the project. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance 17.80 (attached). 5. All FAA and FCC approvals/ permits are to be obtained and a copy of these permits submitted to the zoning office, including all renewals. 6. Applicant to agree to allow collocation of 2 competitors on tower at market rate consistent with 17.86 (3). 7. The color of the tower is to be light blue. (17.86 (6)). 8. The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). If removal and/or restoration is not completed, the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 9. Applicant to submit a detailed screening plan consistent with 17.86 (4), of the Wireless Communication Facilities Ordinance, to the Zoning Office for review and approval. - The applicant is to landscape with a double row of 6 to 8 foot pine trees on all sides of the base of the tower. A financial guarantee of 120% of the estimated cost of the landscaping project is to be submitted to the zoning office prior to the beginning of the project. 10. Applicant is to submit a revised Affidavit stating the correct number of antennas to be mounted on the tower as nine, per testimony of Roger Herlihy. 11. The applicant shall submit all revisions to the plan as stated in Jeff Nelson's letter dated April 20, 2004, and attached to this decision as "Exhibit 5". 12. Applicant to submit proof, with scaled site plan and setback distances noted that they comply with Setbacks and Separation requirements noted in 17.86 (2). Towers must be setback the tower height from property lines unless an engineering report is submitted stating that the tower is designed to collapsed upon failure within the distance from the tower to the property line. 13. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 14. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 15. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. 16. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the 2 i ~ natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 17. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Marzolf; yes; Golz, yes; Peterson, yes; Krueger, yes; Chairperson Speer, yes. Motion carried. 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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. ZO BOARD OF ADJUSTMENT 7 g Signed: airperson Attest: Date Filed: 06/16/04 Interim Zonin ire r 3 • • St. Croix County Board of Adjustment Hearing Date: April 22, 2004 ARTICLE # 6 Applicant: Gary M. and Arlene L. Halleen,owners/ Robert M. Herligy agent for T-Mobile Site Address: Off of 200"' Street. Property 1D: 18.31.16.272 Computer # 006-1040-40-000 Location: The W '/Z of the SW '/4, Section 18, T31N-R16W, Town of Cylon Parcel Size: 49.85 acres Zoning: Ag. Residential Zoning Ordinance Reference: Section 17.85(2)(b)2 Requirements: A special exception use permit is required to prior to the construction of any telecommunications tower in the Ag. Residential District in St. Croix County Exhibits: 1) Staff Report 2) Application 3) Site map BACKGROUND: The applicant requests a special exception to construct a wireless telecommunication facility in the Ag/Residential District in the Town of Cylon. The facility would include a 195-foot monopole tower and attendant ground-based equipment compound. The perimeter of the ground-based equipment would be fenced. The primary communication objective of T-Mobile in placing a wireless facility at this location is to provide adequate coverage to the rural residential areas, vehicular traffic in all directions of the proposed site, and to fill in an existing coverage gap in T-Mobile's network. The closest house to the proposed tower location is 502 feet away. The ordinance requires a 500-foot setback. The tower location is approximately 100 feet south of the north property line. The property is owned by Gary and Arlene Halleen and lies just south of the Village of Deer Park. Attached to the application is a report addressing the ordinance requirements and other pertinent issues related to the tower. Site maps are also included in this information SrrE RiNwi w: The properties adjacent to this site are zoned predominantly agriculture with a few smaller parcels of ag/residential. GOVERNMENTAL AGENCY REVIEW: The application has been submitted to the County outside cellular consultant; to date a written response has not been received. To~VN BOARD RECOMMENDATION: The applicant is scheduled to appear before the Town of Cylon on April 14"'. A complete packet was sent to the Town on March 22, 2004. - - Exhibit 1 S.I AFF StINIMARY: The Board of Adjustment must stipulate findings to support their special exception decision (for approval or denial). The Board of Adjustments may want to consider the some of the following conditions if the permit is granted: 1. A building permit must be obtained from the Town of Cylon prior to construction. 2. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 3. The Zoning Office is to be notified at the start and the finish of the project. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance 17.80 (attached). 5. All FAA and FCC approvals/ permits are to be obtained. 6. Applicant to agree to allow collocation of 2 competitors on tower at market rate consistent with 17.86(3). 7. The color of the tower is to be light blue. (17.86 (6)). 8. The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). If removal and/or restoration is not completed, the County is authorized to complete the removal and site restoration and charge the cost to the performance bond. 9. The Board should consider requiring additional landscaping. Staff encourages combining vegetation species and selecting native non-invasion species. Applicant to submit a detailed screening plan consistent with 17.86 (4), of the Wireless Communication Facilities Ordinance, to the Zoning Office for review and approval. 10. Applicant to submit proof, with scaled site plan and setback distances noted that they comply with Setbacks and Separation requirements noted in 17.86 (2). Towers must be setback the tower height from property lines unless an engineering report is submitted stating that the tower is designed to collapsed upon failure within the distance from the tower to the property line. NOTE: the setback from the north property line is only 100 ft. this setback must be increased or specific engineering report addressing this issue must be submitted and approved. 11. Any change (or addition) in use, or expansion of the project, including building, signage, shall require review and approval by the zoning administrator and in some circumstances through the Special Exception approval process, where applicable, as stated in the ordinance. 12. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 13. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. 14. These conditions may be amended or additional conditions may be added if unanticipated conditions arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 15. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. -2- 2 08:50 11/16/20 A 1 PAGE E 1 1 OF 1 Parcel 006-1040-40-050 P Alt. Parcel M 18.31.16.272A 006 - TOWN OF CYLON Current 0 ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner O - HALLEEN, GARY M & ARLENE L GARY M & ARLENE L HALLEEN 7411 BROOKVIEW RD WOODBURY MN 55121 Districts: SC = School SP = Special Property Address(es): * = Primary Type Dist # Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 39.850 Plat: N/A-NOT AVAILABLE SEC 18 T31 N R1 6W 49.85AC SW SW FRL EXC Block/Condo Bldg: HWY R/W & EXC CSM 14/3915 FKA 006-1040-40 (272) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 18-31N-16W SW SW Notes: Parcel History: Date Doc # Vol/Page Type 2012 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 08/24/2012 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 37.850 8,300 0 8,300 NO 00 UNDEVELOPED G5 2.000 200 0 200 NO Totals for 2012: General Property 39.850 8,500 0 8,500 Woodland 0.000 0 0 Totals for 2011: General Property 39.850 8,500 0 8,5000 Woodland 0.000 0 Lottery Credit: Claim Count: 0 Certification Date: Batch Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel 006-1040-20-000 11/16/2012 08:51 AM PAGE 1 OF 1 Alt. Parcel M 18.31.16.271A 006 - TOWN OF CYLON Current 0 ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner GARY M & ARLENE L HALLEEN O - HALLEEN, GARY M & ARLENE L 7411 BROOKVIEW RD WOODBURY MN 55121 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description " 2135 200TH ST SC 0119 SCH DIST OF AMERY SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 23.430 Plat: N/A-NOT AVAILABLE SEC 18 T31 N R1 6W PT NW SW EXC P271 B & Block/Condo Bldg: EXC W 300' OF E 633' OF N 290' AS DESC IN 890/274 & EXC PT TO CSM 9/2615 & EXC Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) PT TO CSM 13/3683 18-31N-16W NW SW Notes: Parcel History: Date Doc # Vol/Page Type 07/18/2005 800505 2844/409 EZ-U 2012 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 05/31/2012 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 23.430 4,200 0 4,200 NO 00 Totals for 2012: General Property 23.430 4,200 0 4,200 Woodland 0.000 0 0 Totals for 2011: General Property 23.430 4,300 0 4,300 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: 04/17/2001 Batch M PRGRM Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel 006-1039-80-000 11/16/2012 08:52 AM PAGE 1 OF 1 Alt. Parcel M 18.31.16.267 006 - TOWN OF CYLON Current IXI ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 00 0 Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner 0 - HALLEEN, GARY & ARLENE & STEVEN S GARY & ARLENE & STEVEN S HALLEEN 9411 BROOKVIEW RD WOODBURY MN 55121 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description * 2135 200TH ST SC 0119 SCH DIST OF AMERY SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 55.630 Plat: N/A-NOT AVAILABLE SEC 18 T31N R16W 48.57 AC NW NW FRL & Block/Condo Bldg: INC SW SW SEC 7 EXC E 35 ACRES ASSM'T INC (101A) 006-1014-90 & INC (266A) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 006-1039-70 18-31N-16W Notes: Parcel History: Date Doc # Vol/Page Type 03/02/1999 598621 1407/211 WD 06/27/1998 518266 1084/130 LC 06/22/1998 581498 1333/599 WD 07/23/1997 1113/156 QC more... 2012 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 08/24/2012 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 53.630 10,500 0 10,500 NO 05 UNDEVELOPED G5 2.000 100 0 100 NO 00 Totals for 2012: General Property 55.630 10,600 0 10,600 Woodland 0.000 0 0 Totals for 2011: General Property 55.630 10,700 0 10,700 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: 04/17/2001 Batch M PRGRM Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00