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Home My WebLink About030-1004-10-000(3) ZONING ACTIVITY WORKSHEET Property ID c030 IC - o c' n Parcel d Municipality: Property Address: SC Owner Name: /c{ lCt,-C Other Interest: PT ' kz 11, 22 e, Other Interest: Activity: Spe is al Except' Variance Rezonement Request Date: Acres: Zoning District: A2 (AG? A/R RES COM IND Past A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY . ,NONE Type of Variance/Special Exception: Ordinance Citation: / Ordinance: ONING SANITARY SUBDIVISION Conditions: Decision: PPROV DENIED WITHDRAWN Date of Decision: Notes: . [Support -Linked to Rezoning -Objections Hardship ✓ C onditions ' ST. CROIX COUNTY WISCONSIN ZONING OFFICE r r r r r r r r■---„~~ ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road • , _ Hudson, WI 54016-7710 (715) 386-4680 Fax (715) 386-4686 January 5, 2001 File Ref: 37-00 APT Minneapolis, Inc. 8000 West 78th Street, Ste 400 Minneapolis, MN 55439 Re: Board of Adjustment Decision Dear Applicant : The St. Croix County Board of Adjustment has reviewed your application for a special exception permit for a wireless communication tower and has approved your 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. 7k,-.,T Steve Fisher Zoning Director dz Enclosure cc: Marie Schmit, Clerk - Town of St. Joseph w/enclosure Gregory Korstad w/enclosure Richard and Phillippine Beer w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 37-00 Complete Application Received: September 14, 2000 Hearing Notice Publication: Weeks of October 30 and November 6, 2000 Hearing Date: November 16, 2000 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 applicant is APT Minneapolis, Inc., 8000 West 78' Street, Minneapolis, MN 55439. 2. The applicants on filed with the Zoning Office an application for a special exception for a wireless communication tower. 3. The property is owned by Richard and Phillippine Beer and is located in the NE % of the NW of Section 2, T29N, R19W, Town of St. Joseph. The address of the property is 1150 County Road A, Hudson, Wisconsin. 4. Request is for a special exception permit to construct a 250-foot Telecommunications Tower in the Agriculture District. A special exception permit is required pursuant to Section 17.84(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. 5. Jeff Nelson, wireless communications tower consultant for St. Croix County, has found that this application meets all the requirements of the Ordinance and recommends approval of the application. 6. The Board of Adjustment found that the proposed location of the tower complies with all setback and ordinance standards. 7. The Board found that this special exception application conforms with the requirements of Section 17.84(2)(b) of the Zoning Code Regulating Wireless Communication Facilities. 8. The Board found that the spirit and intent of the Ordinance will be met by granting this special exception permit. 9. Under Section 17.70(7)(d) of the St. Croix County Zoning Ordinance, Special Exception permits may be terminated if the conditions of the decision are not met. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approves the applicant's request for a special exception for a Telecommunication Tower and has been approved based on the following findings: 1) The Board found that the tower consultant for St. Croix County recommends approval of the tower, based on his research of the project. 2) The use is compatible with the surrounding property. There are other existing power poles in the area. 3) The construction of the tower would serve a public need for service in that area. 4) The applicant has been working with all appropriate agencies to secure proper permits for the project. 5) There were no objections by surrounding landowners. t 6) The Board believes that by granting this permit, the spirit and intent of the ordinance would be met. With the following conditions: 1) A building permit must be obtained from the Town of St. Joseph 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 (attached). 5) All FAA and FCC approvals/ permits are to be obtained 6) Applicant to agree to allow collocation of three competitors on tower at market rate consistent with 17.86 (3). 7) The color of the tower is to be galvanized steel. 8) The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). 9) Applicant to submit a detailed screening plan consistent with 17.86 (4), of the Wireless Communication Facilities Ordinance, 10) Applicant to submit proof, with scaled site plan and setback distances noted that they comply with Setbacks and Separation requirements set by the Board. Towers must be setback a minimum of 250-feet from the power lines and a minimum of 250-feet from the town road. A new site plan must be submitted to verify that this condition is met. 11) Any change (or addition) in use, or expansion of the project 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. The following vote was taken to approve: Peterson, yes; Rose, no; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried on a 4-1 vote. 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(l 0), 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 NG BOARD OF DJUSTMENT Signed irp n Attest Zoning Director Dated: 01/05/01 Filed: 01/05/01