The URL can be used to link to this page

Home My WebLink About008-1085-60-050 e CROIX CCOUNTI PLANNING ZONING August 2, 2007 File Ref: SE0125 Rob Viera Buell Consulting C/o: Verizon Wireless 2012 Kentucky Avenue S St. Louis Park, MN 55426 codeAdministrwion Re: St. Croix County Special Exception for Verizon Wireless ~y 715-386-4680 Parcel 30.28.16.453A, Town of Eau Galle 2 -A Land Infocrnation & Dear Mr. Viera: Planning 715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your special exception Real g qy request to construct a new wireless communications transmission facility on property owned 715=386-4677 by Charles Bentley in the Ag Residential District in the Town of Eau Galle. After the hearing RecvcGng on July 26, 2007, the Board approved the special exception request with conditions. The 715-386-4675 enclosed document is the formal decision regarding the application. Your must obtain any other required local, state, and federal permits and approvals. Should you have any questions or concerns, please contact me at 715-386-4680. Sincerely, enny Shillcox Land Use Specialist/ Zoning A nistrator Enclosure: Formal Decision cc: Charles Bentley, property owners Clerk, Town of Eau Galle Jeff Nelson, PSC Alliance Jeff Abboud, Wisconsin DOT, Division of Transportation System Development Gary Dikkers, Wisconsin DOT, Division of Transportation Investment Management Wisconsin National Guard Bureau ST CROIX COUNTY GOVERNMENT CENTER 1 101 CARMIcHAEL ROAD, HUDSON, W1 54016 715386-4686 FAX PlC?CO-SAl1%7 GYO,X IM US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0125 Applicants: Charles Bentley, property owner Verizon Wireless, renter and tower owner Parcel ID 30.28.16.453A Complete Application Received: June 4, 2007 Hearing Notice Publication: Weeks of July 8 and 15, 2007 Hearing Date: July 26, 2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. The applicants are Charles Bentley, property owner, and Verizon Wireless, tower owner. 2. The site is located in the NW '/4 of the NW %4 of Section 30, T28N, R16W, Town of Eau Galle, St. Croix County, Wisconsin. 3. The applicants filed an application with the Board of Adjustment for a special exception permit to construct a new wireless communications transmission facility in the Ag Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance. 4. The site is zoned Ag Residential. The 31-acre parcel features an existing single-family dwelling, which makes the principal use of the site residential and the proposed transmission facility an accessory use. 5. The proposed driveway from 20"' Avenue would result in two accesses on a residential land use parcel, which is not allowed pursuant to Section 17.60 7.d.11 of the St. Croix County Zoning Ordinance. However, the Wisconsin Department of Transportation will not allow joint access to the tower site from the existing residential driveway on State Highway 63 since it is a controlled access highway. Furthermore, Section 17.86(7) of the Ordinance requires that access to transmission facilities be provided by a gated, all-weather driveway. The proposed access from 20"' Avenue is necessary to meet these requirements and to provide secure service and maintenance access to the tower and a utility route for power and telephone lines to the tower site. For these reasons, joint access may not always be compatible with or safe for residential uses. The Board of Adjustment finds that the single driveway access requirement does not apply to service and utility accesses for towers located on residential land use parcels. 6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of approximately 24,525 square feet on slopes less than 12 percent; thus, no additional land use permit or special exception permit is required. 7. The applicants have provided sufficient verification that the proposed transmission facility will meet all general requirements for transmission facilities regarding compliance with FCC and FAA rules and regulations; compliance with manufacturer's specifications and applicable state and local building/electrical codes; liability insurance; future facility removal; monopole design; and the acceptance of at least two additional co-locations pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. 8. The proposed 190-foot wireless communications transmission facility and associated equipment shelter meet all area, setback, separation, height, access, and parking requirements in the Ag Residential y District and pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. The property owner, Charles Bentley, has co-signed the application and entered into a lease agreement with Verizon Wireless allowing the proposed tower to be within 500 feet of his existing single-family dwelling. 9. The Zoning Administrator retained Jeff Nelson, PSC Alliance, as an independent technical expert to review materials submitted by the applicants. Mr. Nelson's review focused on the technical details of' the application and he concluded that: • Coverage limitations exist in the vicinity of the proposed Bentley site that warrant the development of a wireless communications transmission facility to more reliably serve the company's customer base. • No suitable tall structures exist within a two-mile radius of the proposed location that would address the coverage limitations described above. • The proposed site is being built to conform to the technical provisions of Subchapter VIII of the St. Croix County Zoning Ordinance. 10. Staff finds that the proposed transmission facility would not violate the spirit or intent of the Ordinance. Wireless transmission facilities are allowed in the Ag Residential District if the district requirements and performance standards can be met, the purpose of which are to accommodate communication needs while protecting public health, safety, and welfare; minimize adverse visual impacts; avoid potential damage to adjacent properties; maximize the use of existing facilities in order to reduce the number of facilities in the County; and minimize hazards to birds. 11. Staff finds that the proposed transmission facility would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood affected. The proposed facility will be reasonably protected from unauthorized access by a gate and security fencing. The proposed facility will be a monopole design and light blue in color to minimize visibility. The photo simulation provided by the applicants indicates that the design will not have any adverse visual impacts on the neighborhood. Furthermore, the proposed facility will meet all required setback, separation, and height requirements and will be fully screened from adjacent properties. 12. Staff finds that the request would not constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. 13. With conditions for implementing erosion control measures during construction of the service and utility access and tower pad; maintaining and enhancing the current level of native tree, shrub, and ground cover around the leased area to ensure that it is fully screened from adjacent properties; providing a timeframe and financial assurance for the removal of the facilities if the use is discontinued; and ensuring that adequate space is made available for future co-locations, this request will meet the requirements of the Ordinance and other concerns raised as part of the review of this application will be addressed. 14. The Town of Eau Galle Town Board recommends approval of this request. 15. The Wisconsin Department of Transportation - Division of Transportation Investment Management has verified that the proposed tower will have no effect on air navigation. 16. The Wisconsin Department of Transportation - Division of Transportation System Development 2 i recommends that all access to the proposed facility be via 20"' Avenue consistent with the Authorization for Access for the Bentley property, which restricts use of the access from State Highway 63 for single-family residential use only. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the special exception request, with the following conditions: 1. This special exception permit allows the applicants to construct a 190-foot monopole wireless communications transmission facility and associated equipment shelter in accordance with the plans submitted, and as provided in the conditions below. Approval for this special exception permit does not include any additional grading and filling, tree removal, structures, uses, or other development activities. 2. Prior to commencing any construction activities, the applicants shall secure a building permit from the Town of Eau Galle and obtain any other required local, state, or federal permits and approvals. 3. Prior to commencing any construction activities, the applicants shall send a copy of this approval letter to the Wisconsin National Guard Bureau. 4. Prior to commencing any construction activities, the applicants shall install erosion control measures in accordance with State of Wisconsin Best Management Practices for construction sites. During construction, the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall maintain silt fence around the construction site until self-sustaining, permanent groundcover is successfully established on all disturbed areas of the site. 5. Prior to commencing any construction activities, the applicants must submit to the Zoning Administrator a financial assurance in an amount sufficient to provide for future removal of the transmission facility. If the approved facility is unused for 12 consecutive months, the site must be restored within a reasonable time, but not more than three months after removal is requested by the Zoning Administrator. Upon removal, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to a depth of at least eight feet. If removal and/or restoration is not completed, the County is authorized to complete the removal and site restoration using the approved financial assurance. 6. The applicants shall be responsible for maintaining and enhancing the current level of native tree; shrub, and ground cover around the leased area to ensure that it is fully screened from adjacent properties. 7. The applicants shall be responsible for ensuring that adequate space is made available for equipment shelters and additional parking spaces to accommodate at least two future facilities proposing to co- locate on the site. 8. The service and utility access to the tower site shall be gated and constructed to the minimum driveway standards in the Ordinance. 9. Within 30 days of substantially completing construction, the applicants shall submit to the Zoning Administrator photos of the site and certification from the project engineer that the project has been 3 completed as approved. 10. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 11. The applicants shall have one (1) year from the date of this approval to commence construction and two (2) years from the date of this approval to complete it. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction commences, the applicants will be required to secure a new special exception permit before starting or completing the project. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed to secure other required permits and approvals. 12. 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 will not be amended or added without notice to the applicants and an opportunity for a hearing. 13. Accepting this decision means that the applicants have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Malick, yes; Struemke, yes; McAllister, yes. Nelson and Luckey were not present. APPF.AT, 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 Planning and Zoning 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. ZONING BOARD OF ADJUSTMENT Signed: Clarence W. Malick, Chairperso Date Filed: 08/02/07 4 Parcel 008-1085-60-010 12/06/2012 10:09 AM PAGE 1 OF 1 Alt. Parcel 30.28.16.453A-10 008 - TOWN OF EAU GALLE Current ❑X ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 04/14/2010 00 0 Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner CHARLES W & NORMA JEAN BENTLEY O - BENTLEY, CHARLES W & NORMA JEAN 183 HWY 63 BALDWIN WI 54002 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description * 183 HWY 63 SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Legal Description: Acres: 11.261 Plat: 5699-CSM 24-5699 008-010 SEC 30 T28N R16W 30.725A N1/2 OF NW Block/Condo Bldg: LOT 05 FRCTNL FKA LOT 2 & 3 OF CSM 5/1212 BEING CSM 24-5699 LOT 5 (11.261 AC) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 30-28N-16W Notes: Parcel History: PARENT PCL WAS 008-1085-60 (453A) Date Doc # Vol/Page Type 04/14/2010 914559 24/5699 CSM 03/20/2009 891324 AGREE 01/27/2009 887429 0C 11/21/2007 864517 EZ-U more... 2012 SUMMARY Bill Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 06/06/2012 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 2.000 27,000 272,300 299,300 NO AGRICULTURAL G4 7.761 1,900 0 1,900 NO 05 UNDEVELOPED G5 1.500 100 0 100 NO Totals for 2012: General Property 11.261 29,000 272,300 301,300 Woodland 0.000 0 0 Totals for 2011: General Property 11.261 28,800 272,300 301,100 Woodland 0.000 0 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 008-1085-60-050 12/06/2012 10:09 AM PAGE 1 OF 1 Alt. Parcel M 30.28.16.453A-50 008 - TOWN OF EAU GALLE Current ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 04/14/2010 00 0 Tax Address: Owner(s): 0 = Current Owner, C = Current Co-Owner CHARLES W & NORMA JEAN BENTLEY O - BENTLEY, CHARLES W & NORMA JEAN 183 HWY 63 BALDWIN WI 54002 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description SC 0231 SCH D BALDWIN-WDVILLE SP 1700 WITC Legal Description: Acres: 19.010 Plat: 5699-CSM 24-5699 008-010 SEC 30 T28N R16W 30.725A N1/2 OF NW Block/Condo Bldg: LOT 06 FRCTNL FKA LOT 2 & 3 OF CSM 5/1212 BEING CSM 24-5699 LOT 6 (19.010 AC) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 30-28N-16W Notes: Parcel History: PARENT PCL WAS 008-1085-60 (453A) Date Doc # Vol/Page Type 04/14/2010 914559 24/5699 CSM 03/20/2009 891324 AGREE 01127/2009 887429 QC 11/21/2007 864517 EZ-U more... 2012 SUMMARY Bill M Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 06/06/2012 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 1.000 8,600 0 8,600 NO AGRICULTURAL G4 2.869 600 0 600 NO 05 AGRICULTURAL FOREST G5M 15.141 22,700 0 22,700 NO Totals for 2012: General Property 19.010 31,900 0 31,900 Woodland 0.000 0 0 Totals for 2011: General Property 19.010 31,800 0 31,800 Woodland 0.000 0 0 Lottery Credit: Claim Count: 0 Certification Date: Batch M Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 I !11111 I {II''~ •'~t 1llil III! {ill IIII{I NII 1111 * 1 . 5 5 2 914559 „ BETH.PABST REGISTER OF DEEDS ST. CROIX CO., WI RECEIVED FOR RECORD CERTIFIED SURVEY MAP 04/14/2610 '08:00AM CERTIFIED SURVEY MAP Charles W. and Norma Jean Bentley VOL: 24 PAGE: 5699 Being Lots 2 and 3 of that Certified Survey Map recorded in Volume 5 of REC FEE: 13.00 St. Croix County Certified Survey Maps, Page 1212, located in the North V2 COPY FEE: 3.00 of the Northwest Fractional 1/4 of Section 30,'T 28 N, R 16 W, PAGES: 2 Town of Eau Galle, St. Croix Count~y,. Wisconsin RECEIVED t3Ci1 fR - S ss bsy'E :,as.759 t ;e9Z rte; (R = S 85°t729E uB2.6g) ~ I S-c~~>~7gJL~~p ~~OC~,IC1Q=885°5445"E u8g.2t7 str so y. V4 e_e z, Pale gg58 - 85V25-ii t i 2 "E1 1182-6o' F E B - ° 13 .'F --1R e S 8 ST 3 8 g _ TH'_~FRFrg 395.29 - le line N 1 2 -NW 04 F1aC. 1/ Sec 3o - 69 I' ; SO t 39514' $ 3~ , 7.13' ;RCtIX COUNTY --58s°s72s"E North= 3Q7uartercornm:"JIR EAOR'S RECORD 7s6 44' - I M' Northwest Co R 16 W - Section go. T 28 N. R 16 W i Section 3N (Found Berrltsen Survey Nail) Found Iron Pipe8' (Found Bentsen Surny Nall) I N O]°59' 25" W. 0.8 pr w I a.~ from Iron Pipe Set ~ LOTS g L_ - - - - P t -16 -tj 11.261 ACRES L -ot 2 v o V" 1 OR Ctrs--- G h v Lot ¢ i 490.544 SQ. FT. YoIT_ -rte -_egM4p v~ C4 :_P_ pge zzi2 C~glL1ZP z 10.962 ACRES Y_o~ttr;tg~, p4 a z21s y' OR • ; I ~I 477.502 SQ. FT. f~ CR=S85°54' 3+ (Excl. ft/W) S *38-0.. 8 s 7 8 i .C 60' -ti 7y WIDE SEWER a mgt w • ~ h- 71r an EASEMENT FOR THE 1ST g ° e BENEFIT OF LOT 5 omD N g _ Septic Vw cif; - .;sal ;Cell Tower ~ z 4 g x 8 0 1 ~8 (Center of Tower it A 3 e Pole Shade ~8~• Radius Point for i n o I Curved Lot Line , LOT 6 o I ~ i~x Il a~✓ell to West) r 19.010OR CRfs z 828,097 SQ. FT. `g i - t.3_ , M~ 18.737 ACRES 70' - l/ - ----e- - 121z 816,194 SQ. FT. w a CURVE DATA -page (Excl. R/VV) W c 60 Radius =191.00' A Cen- Angle = 12353' i Arc = ,0254" o a Chord = S 0°IO'29" W, a t Tan. Bea33r gS 62°07'26" W .a; I ' Tan. Beating = S 61°46'28" E c c ' 00 1 Vy ."53%5 60' I so' 4ri: 38930' Srntth Line 1/2 - NW' W Frac 1 4 Sec ~0hb `6S I N86° 1 ° ` 50 ~t - CR=N826oj542" .1I~•6o' T?rueg Map 7596 NTH. 'Ut-i N 1 UNPLA q - m Weat Quarter Coma Section 330, T 28 N, R 16 W _S g, (Found Berntsen Survey Nail) South Quarter Corns % Section ound 301%2" Round Iron Fenn Post) S c o Ngr, E (F • LEGEND • ° MUR .3 O (Min. W 1 1.13 lb6.niD. R.) x 18" Iron Pipe Set Indicates * • 1713 C T cWOgl, ~rY Scale in Feet 5 1" = 200' • Indicates 1"O.D. Iron Pipe Found wl. • • zoo ioo 0 200 Section Corner Monsismasetr . g B are referenced to the North EM of 0 (as noted iomw DATED - bearing SS 85*57'25 E. of Section go, assumed April 5,2010 (indicates Fence nis strument Drafted by Mark W. Peavey (R= ) Recorded As SHEET 1 OF 2 OfIl Vol. 24 Page 5699