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HomeMy WebLinkAbout030-2048-95-000(3) ST.ROIX COUNTY WISCONSIN ZONING OFFICE < r r r a N N-- + ST. CROIX COUNTY GOVERNMENT CENTER 11 MINN 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 February 2, 1998 File Ref: 77-97 MAILED CERTIFIED, RETURN RECEIPT REQUESTED Martin, Madeline and Charles Levake 9300 Park Ave. S. Bloomington, MN 55420 Re: Board of Adjustment Decision Dear Martin, Madeline and Charles: The St. Croix County Board of Adjustment has reconsidered your application for a II special exception permit for a wireless communication tower and a variance for setback and separation 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, 6aq- Cindy Sherman Zoning Director dl Enclosure cc: Clerk - Town of St. Joseph 1 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 77-97 Complete Application Received: September 19, 1997 Hearing Notice Publication: Weeks of October 6 & 13, 1997 Hearing Date: October 23, November 26, 1997 and January 22, 1998 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 applicants are Martin, Madeline and Charles Levake whose address is 9300 Park Ave., Bloomington, Minnesota 55420. 2. The applicant on September 19, 1997, filed with the Zoning Office an application for a special exception permit for a wireless communication tower and a variance for setback. A special exception for a new tower is required under Section 17.87(3) of the Zoning Code Regulating Wireless Communication Facilities. A variance for setback and separation is required under. Section 17.86(2)(b). 3. Martin, Madeline and Charles Levake are the owners of the property which is the subject of the application and is 8.19 acres located in Government Lot 2, Section 27, T30N-R20W, Town of St. Joseph, St. Croix County, Wisconsin. 4. The subject property is presently used as a tower site for cellular, paging and 2 way radios. 5 The application was denied in November of 1997 and a Decision dated 12/17/97 was sent out confirming that denial. The Board found that the proposed tower would be less than 500 feet from three residences. 6. The Board voted at the December 1997 meeting to reconsider this application as the applicants have new evidence to present. A request for reconsideration of an application is allowed under the Rules and By-Laws of the St. Croix County Board of Adjustment Article VIII, Section 8. 7 Cindy Sherman explained that Levakes are back as they have changed the location of the proposed tower and it will meet the 500 foot setback to most properties. The owners of the properties that are closer than the required 500 feet have written statements saying that they have no objection to the tower. The tower is over 400 feet from any of these properties. 8 The following exhibits were introduced: Exhibit 1: A map showing the location of the towers and surrounding properties Exhibit 2: Letter from Chris Bauer stating no objection to the tower Exhibit 3: Letter from Mr. and Mrs. Allen E. Viellieu stating no objection to the tower Exhibit 4: Letter from David Ostendorf stating no objection to the tower Exhibit 5: Letter from Sam Hijazin, U.S. West Communications Group Exhibit 6: Letter from Julie Townsend, U.S. West Communications Group 9. The Town of St. Joseph has recommended approval of the application. 10 Jeff Nelson, telecommunications consultant for St. Croix County, has stated in writing that he believes that there is a reasonable technical basis for Levque Tower Company to replace the existing structure. 11. The Board finds that the applicants have demonstrated a hardship in this case due to the size and shape of the property. It was found that there is nowhere on the property that the proposed tower can be placed where it would meet the 500 foot setback to all adjoining properties. 12. The Board finds that the new tower is important to St. Croix County as the demand for these type of towers is very high and replacing the present tower would not increase the number of towers, but rather keep the number of towers the same on this parcel of land, while meeting the consumer demand. The failing tower will be torn down after completion of the new tower. 13. Removal of the existing non-conforming tower and replacing with a new tower would result in a lesser degree of non-conformity. The Board found that granting of the variance would be consistent with the spirit and intent of the zoning ordinance. 14. The Board of Adjustment found that evidence given resulted in a finding that special conditions existed at the site that would warrant the granting of a variance to construct the tower. 15. The Board finds that this special exception application conforms with the requirements of Section 17.87(3) of the Zoning Code Regulating Wireless Communication Facilities. 16. 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 wireless communication tower and a variance to the setbacks and separations and has been approved on the following vote: J. Neumann Yes D. King Yes N. Golz Yes Vice Chairman Filipiak Yes with the following conditions: 1) The tower is to be constructed according to plans submitted. 2) The existing tower being replaced is to be torn down 90 days after completion of the new tower. 3) The color of the tower is to be according to the Zoning Ordinance. 4) The Zoning Office is to be notified at the start and finish of the project. 5) Follow Town of St. Joseph conditions with regard to screening. 6) Applicant to provide documentation of fall radius of tower. 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. ZONING BOARD OF ADJUSTMENT Signed Woe, D::.,~4L airperson Attest Zoning Director Dated: 02/03/98 Filed: 02/03/98 ST. ROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road rrrr6 • - Hudson, WI 54016-7710 (715) 386-4680 December 16, 1997 File Ref: 77-97 MAILED CERTIFIED RETURN RECEIPT REQUESTED Martin, Madeline and Charles Levake 9300 Park Ave. S. Bloomington, MN 55420 Re: Board of Adjustment Decision Dear Martin, Madeline and Charles: The St. Croix County Board of Adjustment has reviewed your application for a special exception for a wireless communication town and a variance for setback and separation and has denied your application. The enclosed document is the formal decision regarding your application. You are, however, scheduled for reconsideration and you will be on the January agenda. Should you have any questions or concerns, please do not hesitate in contacting me. Very truly yours, Cindy Sherman Zoning Director dl Enclosure cc: Clerk - Town of St. Joseph FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 77-97 Complete Application Received: September 19, 1997 Hearing Notice Publication: Weeks of October 6 & 13, 1997 Hearing Date: October 23 and November 26, 1997 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 applicants are Martin, Madeline and Charles Levake whose address is 9300 Park Ave., Bloomington, Minnesota 55420. 2. The applicant on September 19, 1997, filed with the Zoning Office an application for a special exception for a wireless communication tower and a variance for setback and separation. 3. Martin, Madeline and Charles Levake are the owners of the property which is the subject of the application and is 8.19 acres located in Lot 2, Section 27, T30N- R20W, Town of St. Joseph, St. Croix County, Wisconsin. 4. The subject property is presently used as a tower site for cellular, paging and 2 way radios. 5. Request is special exception for a wireless communication tower and a variance for setback and separation. A special exception for a new tower is required under Section 17.85(1)(b)(2). A variance for setback and separation is required under Section 17.86(2). 6. Jim Thompson explained that this is a request for a 190 foot tower to be placed on a property in Houlton. They are looking at a location to meet the setbacks from the lot line, but will need a variance from the 500 foot setback from homes. 7. The Town of St. Joseph has postponed a decision on this matter. 8. The following exhibits were introduced: Exhibit 1: A copy of the Levques Tower Co. application Exhibit 2: A letter from the Levakes explaining their plans for the towers Exhibit 3: Letter from Pirod, Inc. stating that they are the company that will be constructing the new tower Exhibit 4: Letter to Levakes from EEI specifying that the current tower needs to be replaced Exhibit 5: Skipped Exhibit 6: Letter from Jeff Nelson stating that the old tower is to be removed Exhibit 7: Information on tower from Pirod, Inc. Exhibit 8: Map showing property with existing and proposed towers Exhibit 9: Smaller scale map of exhibit 8 showing that setbacks are met Exhibit 10: Map showing that 500 foot setback cannot be met Exhibit 11: Letter from FAA dated 1995 stating that they have no concerns Exhibit 12: Letter from Zoning asking for clarification of application Exhibit 13: Response from Levake to Zoning on questions that were asked about application Exhibit 14: October 1997 letter from the Town of St. Joseph postponing a decision in this matter 9. Lloyd Dahlke, Town of St. Joseph Chairman, stated that the Town wants to talk with Jeff Nelson, tower consultant for the county, before they make a decision. It will be placed on their November agenda. 10. Charles Levake, being duly sworn, explained that he plans to take a tower down and put up a better tower. They have an electrical problem with the current tower. They would like to construct the new tower in the same area, but are open to constructing the tower in a different spot if they need to. 11. They plan to take down the existing tower after the new tower is constructed. 12. The size would be comparable to the APT tower that is there. 13. The Board decided to postpone making a Decision in this case until November as they would like to get an opinion from Jeff Nelson. They are asking Levakes to appear before them again at the November 26th meeting. 14. The Levques Tower Co. application was placed on the November 26th agenda under Old business. 15. The following exhibits were introduced: Exhibit 1: Letter from the Town of St. Joseph approving the application. Exhibit 2: Minutes from the Town of St. Joseph dated November 6, 1997. Exhibit 3: Letter from Mrs. Wisner opposing the tower. Thompson read into record. Exhibit 4: Previously entered and is a map showing where the towers will be located. Exhibit 4: Site plan of the tower. The tower site was labeled "A". The nearest building was labeled "B". 16. Charles LeVake, being duly sworn, stated that he was before the Board last month, and is part of the Levque Tower Company. 17. The height of the tower is to be 196 feet. 18. Thompson has been out to the property and told the Board that there is not a location on the property that would meet the 500 foot setback from the surrounding properties. 19. This property is not in the riverway district. 20. There are currently three towers. Two of the towers will remain, one tower will be torn down after the new tower is put up. 21. Jeff Nelson, being duly sworn, states that he is with W.W. Montgomery and Associates and is appearing today as an expert witness on telecommunication towers. He has been hired by St. Croix County as a consultant on this subject. 22. Nelson stated that the proposed tower is to be constructed to replace the tower that is presently there and in need of repair. 23. Nelson stated that demand by consumers has caused the number of towers to increase in this area. 24. The Town of St. Joseph has given approval for the tower, with conditions. 25. The placement of the tower on this location cannot meet the 500 foot setback that is required by the ordinance. Section 17.86(2) states that "Towers shall not be located within 500 feet of any residence other than the residence on the parcel on which the tower is to be located." This tower cannot meet the required setback. 26. The Board finds that the applicant has not demonstrated any unnecessary hardship, and believe that they still have reasonable use of the property. 27. The Board found that granting of the variance would not be consistent with the spirit and intent of the zoning ordinance. 28. The Board of Adjustment found that evidence given did not result in a finding that special conditions existed at the site or dwelling that would warrant the granting of a variance to construct the tower. 29. The applicant's did not provide evidence that owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship. DECISION A motion was made to approve the request. On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board denies the applicant's requests for a special exception for a wireless communication tower and a variance to the setbacks and separations on the following vote: J. Neumann Yes T. Filipiak No N. Golz Yes A. Jensen No Chairman Bradley No A yes vote was to approve the request, a no vote was to deny the request. The vote resulted in 3 voting no, 2 voting yes. The 3-2 vote results in denial of the request. No further motions having been made, the request is denied. 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. ZONING BOARD OF ADJUSTMENT Signed 22 airperson Attest Zoning Director Dated: 12/17/97 Filed: 12/17/97