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HomeMy WebLinkAbout032-2062-30-000 COUNTY Sr• WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER ""~"p""■ 1101 Carmichael Road rrr:r Hudson, WI 54016-7710 (715) 386-4680 December 9, 1999 Ref: 43-99 Chris Traiser Midwest Real Estate Services, Inc. 1630 quail Ridge Circle Woodbury, MN 55125 Re: Board of Adjustment Decision Dear Mr. Traiser: The St. Croix County Board of Adjustment has reviewed your application for a special exception permit for a telecommunications 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. Sincerely, C Steve Fisher Zoning Director dz Enclosure cc: Jeri Koester, Clerk - Town of Somerset Bernard Leverty FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 43-99 Complete Application Received: September 22, 1999 Hearing Notice Publication: Weeks of October 11 and 18, 1999 Hearing Date: October 28, 1999 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 Christopher Traiser, agent for American Portable Telecom, 1630 quail Ridge Circle, Woodbury, MN 55125. 2. The applicant on September 22;, 1999,; filed with the Zoning Office an application for a special exception for a wireless-communication tower in a Commercial District. 3. The property is owned by Bernard Leverty and is located in the NW % of the NW % of Section 18, T30N, R1 9W, Town of Somerset, St. Croix County, Wisconsin. 4. Request is for a special exception permit for a wireless communication tower. A special exception for a new tower is required under Section 17.85((1) of the Zoning Code Regulating Wireless Communication Facilities. 5. The Board of Adjustment found that the proposed location of the tower complies with all setback and ordinance standards. 6. The Town of Somerset recommends approval of the project. 8. The Board found that this special exception application conforms with the requirements of Section 17.85(1) 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 applicants request for a special exception for a wireless communication tower in a Commercial District and has been approved based on the following findings: 1. All properties adjacent to site are zoned commercial. 2. There are no objections to this project. 3. The Town of Somerset has approved this application 4. The spirit and intent of the ordinance will be met. The application meets all of the provisions of the St. Croix County Zoning Ordinance. With the following conditions: 1. A 128-foot tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. Tower shall not exceed 130 feet, including the height of the antennas. 2. The Zoning Office is to be notified at the start and the finish of the project. 3. The applicant shall submit proof of Department of Commerce approval for this tower. 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 5. All FAA and FCC approvals/ permits are to be obtained. 6. Applicants to agree to allow collocation of competitors on tower at market rate. 7. The color of the tower is to be according to the Zoning Ordinance. 8. The applicant must secure a township building permit prior to starting construction. 9. No building permit is to be issued until the Zoning Office receives a recommendation from their telecommunications tower consultant, Jeff Nelson. If it is determined there is another suitable tower in the area to co-locate on, this application will need to be brought back before the Board. 10. The applicant shall secure a state-approved plan from DILHR before obtaining a building permit from the Town of Somerset. 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. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction. Failure to do so shall result in revocation of the special exception permit. If the special exception permit expires before construction commences, 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: Golz, yes; Wert; yes; Peterson, yes; King, yes; Chairperson Speer, yes. Motion carried. On the following vote: N. Golz Yes B. Wert Yes R. Peterson Yes D. King Yes Chairperson Speer Yes 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. ZONING BOAR OF ADJUSTMENT Signed on Attest oning Director Dated: 12/09/99 Filed: 12/09/99 APT Cell Tower - Be•d Leverty property - 2009 S Note lack of vegetation screening as proposed in 1999 BOA special exception approval. I