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Home My WebLink About026-1043-10-000(2) ZONING ACTIVITY WORKSHEET Property ID Oo) L- to Lf p (J ~~i p Parce Municipality: G Nm n K Property Address: Co n ~r l~ S 3 G~ C~ C/ 3 Owner Name: S c vz 3 In l i r r /'c Other Interest: L! Other Interest: Activity: Spe a Exceptio Variance Rezonement Request Date: /J ~ Z y~ Acres: & 6 J Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY NONE Type of Variance/Sp cial Exce on: C 'J w, kq, " k c - n S 19 J"-C Ordinance Citation: Z 7, ? 4 ) d Ordinance: ONIN SANITARY SUBDIVISION Conditions: Decision: P OVE DENIED WITHDRAWN Date of Decision: b Zds- Notes: -Support Linked to Rezoning -Objections Hardship _ Conditions ST. CROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER M M p M p p p p p 1101 Carmichael Road • I Hudson, WI 54016-7710 715 386-4680 July 20, 1998 File Ref: 10-98 Robert D. Wolf/ SBA, Inc. 9400 James Ave. So. - Suite 180 Bloomington, MN 55431 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. Sincerely, Cindy Sher an Zoning Director dl Enclosure cc: Janice Ball, Clerk - Town of Richmond Steve Derrick M FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 10-98 Complete Application Received: February 26, 1998 Hearing Notice Publication: Weeks of May 11 & 18, 1998 Hearing Date: May 28 and June 25, 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 applicant is Robert Wolf/ SBA, Inc., 9400 James Ave. South - Suite 180, Bloomington, Minnesota 55431. 2. The applicant on February 26, 1998, filed with the Zoning Office an application for a special exception for a wireless communication tower. 3. Steve and Margaret Derrick are the owners of the property which is the subject of the application and is located in the SW 1/4 of the SW 1/4 of Section 14, T30N, R18W, Town of Richmond, St. Croix County, Wisconsin. 4. The subject property is currently used for agriculture. 5. Request is for a special exception permit for a wireless communication tower. A special exception for a new tower is required under Section 17.87(3) of the Zoning Code Regulating Wireless Communication Facilities. 6. The following exhibits were introduced: Exhibit 1: Special exception application Exhibit 2: Survey of Derrick property Exhibit 3: Letter from Jeff Nelson of W.M. Montgomery and Associates Exhibit 4: Letter from the Town of Richmond denying request as neighbors were not notified. Exhibit 5: Letter from the Town of Richmond denying request Exhibit 6: Letter from the Town of Richmond asking NEXTEL to look for another site for the tower Exhibit 7: Packet of information from NEXTEL supporting the application Exhibit 8: Letter and 7 maps showing towers and coverage areas Exhibit 9: Letter and additional information supporting the application Exhibit 10: Letter to Derrick Construction with a map of the property attached. 7. Robert Wolf, being duly sworn, stated that he represents SBA, Inc. and is the applicant. 8. Nathan Ward, being duly sworn, stated that he represents SBA, Inc. and is the Project Director. 9. The application is for a permit to construct a 300 foot guyed tower in the Town of Richmond. 10. SBA, Inc. is working with the Town of Richmond to agree on a site to locate the tower. 11. Herb Rebhan, George Dean and Kim Leverty testified that they are in opposition to the tower location. Some concerns stated were lower property values and not wanting to see the tower from their homes. 12. Jeff Nelson, telecommunication towers expert for St. Croix County, has stated in a letter that a site along Highway 65 is the most suitable site for a tower to be located. This would provide the best coverage for clients using this service. 13. The Board postponed a Decision in this matter and asked Nextel Communications/ SBA to appear before the Board at the June meeting. 14. This application came before the Board again on June 25, 1998. 15. Bob Wolf, being duly sworn, is with SBA, Inc. and represented Nextel. They have met with the Town of Richmond and have agreed on a location site for the tower. 16. The following exhibits were introduced: Exhibit 1 Letter from the Town of Richmond recommending approval of the application with conditions. Exhibit 2: Letter from neighbors contacted by Nextel - 9 of 10 have expressed support for the tower. Exhibit 3: Letter from George Dean, neighbor to Derrick, in support of the tower. Exhibit 4: Aerial photograph of the site with "A" marking the approximate location of the proposed tower. Exhibit 5: Map of the site showing where the proposed tower will be located. Exhibit 6: Packet of information gathered by Rebhan and given to the Board members. Exhibit 7: Letter stating opposition to the proposal from Jim Simon dated 6/24/98 - read into record. Exhibit 8: Letter stating opposition to the proposal from Kim Leverty dated 6/4/98. Exhibit 9: Letter from Bernard Kopp expressing opposition to the request addressed to Jim Rebhan. Exhibit 10: Letter from Thomas Cody expressing opposition to the request addressed to Jim Rebhan. Exhibit 11: Letter from Donald Amundson expressing opposition to the request addressed to Jim Rebhan. 17. There was some opposition from adjoining landowners stating concerns about lower property values if the tower is constructed. 18. Several adjoining landowners have stated that they have no objection to the tower being constructed. 19. The F.A.A. rules state that these towers are necessary and that they are to be allowed to be constructed and that diminution of property value is not a sufficient reason in itself to deny the request. 20. The proposed location of the tower complies with all setback and ordinance standards. 21. The Town of Richmond recommends approval of the project. 22. SBA, Inc. has received F.A.A. approval. The color of the tower will be silver/gray. The tower will require a daytime white strobe and a red beacon in the evening. 23. 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. 24. 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 has been approved on the following vote: B. Wert Yes N. Golz Yes Vice Chairperson Speer Yes with the following conditions: 1) Tower to be per town setback requirements as stated in Exhibit 1, letter from the Town of Richmond dated June 9, 1998. J~ 2) The tower is to be constructed according to plans submitted. 3) The Zoning Office is to be notified at the start and finish of the project. 4) Project to meet all requirements of Wireless Communications Facilities Ordinance 5) Approval from FAA where applicable 6) Applicant to agree to allow collocation of competitors on tower at market rate. 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 QtL' Zj J&eLA- dC airperson Attest- 61 Zoning Director Dated: 07/22/98 Filed: 07/22/98 Parcel 026-1043-10-050 04/10/2013 09:57 AM PAGE 1 OF 1 Alt. Parcel 14.30.18.209A-05 026 - TOWN OF RICHMOND Current 1XI ST. CROIX COUNTY, WISCONSIN Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type # of Units 01/18/2011 00 0 Tax Address: Owner(s)' O = Current Owner, C = Current Co-Owner 0 - DERRICK, STEVEN J STEVEN J DERRICK 1438 CTY RD G NEW RICHMOND WI 54017 Districts: SC = School SP = Special Property Address(es): Primary Type Dist # Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST SP 1700 WITC Legal Description: Acres: 0.000 Plat: N/A-NOT AVAILABLE SEC 14 T30N R18W PT SW SW; EXC CSM 3/775 Block/Condo Bldg: & EXC HWY PROJ 1540-02-25-4.01 PARCEL 1 (0.260AC) Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) 14-30N-18W SW SW Notes: Parcel History: RETIRED 2011 FOR 2012; TAKES PT Date Doc # Vol/Page Type 026-1043-10-000 FOR REMAINDER (ONLY) 08/22/2011 940459 WD 026-1043-10-050 (209A-05) 03/21/2011 933879 1/63 TPP AMEND 01/18/2011 930761 1/57 TPP 02/15/2005 787544 2750/191 ALC more.- 2013 SUMMARY Bill Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 05/01/2012 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 32.210 6,900 0 6,900 NO UNDEVELOPED G5 1.240 100 0 100 NO Totals for 2013: General Property 33.450 7,000 0 7,0000 Woodland 0.000 0 Totals for 2012: General Property 33.450 7,000 0 7,0000 Woodland 0.000 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