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Home My WebLink About008-1011-15-200(2) 10 ST. CROIX COUNTY WISCONSIN ZONING OFFICE N N M N N N N N NI .el.,~ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 November 14, 1996 File Ref: 80-96 Robert and Richard Torgerson 2358 50th Avenue Woodville, Wisconsin 54028 RE: Board of Adjustment Decision Dear Messrs. Torgerson:. The St. Croix County Board of Adjustment has reviewed your application for a permit for a Personal Communication Service/Wireless Telephone Facility, and has approved your application with conditions. The enclosed document is the formal decision regarding your application. If you have any questions, please do not hesitate in contacting our office. Sincerely, Thomas C. Nelson Zoning Administrator pe Enclosure cc: William Peavey, Clerk - Town of Eau Galle Daniel Menta, American Portable Telecom ~I t FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 80-96 Complete Application Received: September 3, 1996 Hearing Notice Publication: Weeks of 9/9/96 and 9/16/96 Hearing Date: September 26, 1996 FINDINGS OF FACT 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 Daniel Menta, American Portable Telecom, whose address is 1701 East 79th Street, Suite 19, Bloomington, Minnesota 55425-1151, and owners Robert and Richard Torgerson, whose address is 2358 50th avenue, Woodville, Wisconsin 54028. 2. The applicant on September 3, 1996 filed with the Zoning Office an application for a special exception use for a communications tower. 3. Robert and Richard Torgerson are the owners of the property which is the subject of the application which is located in the NE, of the SW -'4 in Section 4, T28N-R16W, Town of Eau Galle, St. Croix County, Wisconsin. 4. The subject property is presently used for agriculture. 5. The property is zoned Ag-Residential under the St. Croix County Zoning Ordinance. 6. The Town of Eau Galle supports the application with the following conditions as stated in their September 22, 1996 correspondence to St. Croix County Zoning: 1. Add the Parcel Number 008-1011-10 to the application; 2. Only one tower may be constructed; 3. No lights on tower; 4. No other towers to be constructed within 9 miles; 5. No sale of space except for 911 service; 6. No taller than 165 feet; 7. No sale of tower; 8. Screening shall be up to 12 8-feet tall non-deciduous trees, exact number to be determined by Town Board; 9. Tower is to be located on up to 1 acre in the S.W. corner of the parcel not including the setback from the Town Road, 233rd Street, and the setback from the I-94 right of way; and, 10. Tower must be removed after service life. 7. American Portable Telecom was awarded the license for a particular frequency band to provide personal communication service for Minnesota, North and South Dakota, and portions of Wisconsin at a recent FCC auction. 8. The tower will be used solely for American Portable Telecom's particular cellular telephone service. If anything else is to be added, they would be strictly for 911 service as requested by the Town of Eau Galle. 9. The site will consist of a 50 meter (165 feet) self-supporting lattice tower with nine (9) directional panel antennas (87" high x 6" wide x 2.8" deep) operating between the 1.9 GHz to 2.2 GHz radio frequency range and are mounted at the top. 10. Three weather-proof equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located at the base of the tower on a cement pad. These self-contained equipment cabinets are connected to the antennas by 1-5/8' cable (each antenna requires one cable). The communication equipment uses 100 amp, 200 volt, single phase electrical service. 11. American Portable Telecom will encircle the facility (which includes a 50 meter self-supporting lattice pole and 3 associated weather-proof cabinets) with a 6' chain link fence within a 501x50' configuration. This dimension is configured primarily for security reasons, but also for ease of access. Vegetation is not used within the secure utility area for safety and access concerns. 12. Eau Galle proved to be the optimum location to put up a communications tower between the sound sights. American Portable Telecom is proposing to have one tower in the Woodville area and one also in Knapp. 13. It has been the practice of the Board of Adjustment to require parties to be setback at least the distance of the height of the tower from the road right-of-way should the tower ever collapse. CONCLUSIONS OF LAW The Board concludes that: 1. The Board of Adjustment has authority under Section 17.70(5)(c)4 to approve special exception uses. 2. Special exception uses may be terminated as per 17.70(7)(d)5 of the St. Croix County Zoning Ordinance if the plan or the conditions of the decision are not followed. 2 3. Section 17.15(6)(1) allows a special exception for a communications tower. 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 communications tower on the following vote: T. Filipiak Yes J. Neumann Yes N. Golz Yes A. Jensen Yes Chairman J. Bradley Yes with the'following conditions: 1. This decision expires on November 11, 1997. No construction may begin or continue after this date unless an extension is granted in writing by the Board of Adjustment prior to the expiration date. 2. There must be a 165' setback from the right-of-way line of the town road, 233rd Street and 165' setback from the right-of-way line of I-94. 3. The applicant must submit a complete set of plans to the Zoning Office prior to the start of any construction. 4. The applicant must comply with the Town of Eau Galle's conditions as set forth in Finding of Fact No. 6 above. 5. The applicant must complete this project according to the plans submitted. Minor changes in the project must be submitted to and approved in writing by the Zoning Office before the project starts or continues. Major changes must be brought back to the Board of Adjustment for review and approval. 6. The applicant is responsible for obtaining any permit or approval required for the project by municipal, town or county zoning ordinances or by the U.S. Army Corps of Engineers before starting the project. 7. The applicant must provide confirmation that they have completed the permit process with all other regulatory agencies. 8. The applicant must allow free and unlimited access to the project site at any reasonable time to any Zoning Office 3 t employee who is overseeing the project's construction, operation, or maintenance. 9. The Board of Adjustment may change or revoke this decision if the project becomes detrimental to the public interest. 10. The applicant must keep a copy of this decision at the site during construction. 11. Tom Nelson, Zoning Administrator, shall be notified prior to beginning the project and also upon completion of the same. Call him at 715/386-4680 so that compliance inspections can be made. 12. Accepting this decision and beginning the project means that the applicant has read, understands, and agrees to follow all conditions of this decision. APPEAL RIGHTS This decision may be appealed by any person aggrieved by filing an action in certiorari in the circuit court of this County within 30 days after the date of filing shown below. The County assumes no liability for and makes no warranty as to the legality of any construction commenced prior to the expiration of this 30-day period or the identity of any person who may claim to be aggrieved by this decision. ZONING BOARD OF ADJUSTMENT Signed Chairperson Attest el„ Zoning Administrator Dated: 11/14/96 Filed: 11/14/96 4 William Peavey Town Clerk/Treasure t-- A Town of Eau Galle 2530 Co. N sr cloxp`~g9 ~ awy zoNI+yG Woodville, WI 54028 March 13,1999 >1> , St. Croix County Zoning Office St. Croix County Government Center 1101 Carmichael Rd Hudson, WI 54416-7710 Dear; Sir; RE; Quantum Communication Group, Inc. Special exception request. The following is a copy of action taken by the Eau Galle Town Board at a regular monthly meeting held March 11, 1999. Mr. Leonard Davis representing Quantum Communication Group was present and presented a request for a special exception recommendation for more antennas and a small shelter inside the present fence on the" Torgerson Tower" located in the NE 1 A of the SW 1 /4 sec 4. Motion by Stan Hensley second by Don Rodel to recommend this special exception, motion carried. If you have any questions please feel free to contact me. Sincerely William Peavey QUAN99.WPD