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HomeMy WebLinkAbout032-2030-20-000(2) ST. CROIX COUNTY WISCONSIN ZONING OFFICE M w w n~~r ST. CROIX COUNTY GOVERNMENT CENTER - 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 FAX (715) 386-4686 September 11, 2001 Audio House Inc. 7001 France Avenue S Suite 200 Minneapolis, MN 55435 RE: Telecommunication Tower NW % NE'/. Section 8 T30N-R19W Town of Somerset To Whom It May Concern: It has been brought to our attention that the existing 1,000-foot tower (formerly known as the Park Board Casting Tower) referenced above is no longer being utilized. The St. Croix County Tower Ordinance states in section 17.83 (6) that all unused towers and antennas must be removed within 12 months of cessation of operation or use, unless a written exemption is provided by the Zoning Director. I have enclosed a copy of the St. Croix County Tower Ordinance for your reference. Please supply our office with documentation that the 1,000 foot tower located in Section 8 in the Town of Somerset is or is not being utilized. If this tower is not being used, we will need you to provide us with the last date the tower was functional. If you have any questions, please contact me at (715) 386-4680. Sincerely, Rod Zoning Specialist Enc. St. Croix County Tower Ordinance BOARD OF ADJUSTMENTS MEETING AND HEARINGS November 26, 1985 9:00 - 11:30 A. M. Meeting called to order by Chairman Stephens at 9:00 a.m. in the County Board Room, Courthouse, Hudson. All members present. Minutes of the October 22, 1985 meeting and hearings approved. Agenda adopted as written. OLD BUSINESS: Park Broadcasting Co.,Tower Lighting Chairman Stephens read letters from Park Broadcasting, Doctor Paulson, and Minnesota- Wisconsin Boundary Area Commission. Motion by Supervisor Meinke to change number three of the conditional use permit to permit red lights on the radio tower during evening hours and shielded strobe lights to be used as back up, with such lighting meeting all F.A.A. regulations. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. Speer and Dillon request of October 22, 1985 - Re: Lift. Motion by Supervisor Stephens to approve the request to install a lift on the Kenneth and Julie Speer property approximately ten feet inside their property line, where it was suggested in October. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. Chairman Stephens called the hearing to order at 9:30 a.m. Zoning Administrator read notice of hearings as published in the county and local newspapers: 1. ARTICLE: 8.4 B(4)(b), Setback from a Town Road APPELLANT: Greg and Mary Germain LOCATION: NEh of the NE4 of Section 4, T31N-R18W, Town of Star Prairie II. ARTICLE: 8.4 B(4)(b), Setback from a Town Road APPELLANT: Ken Zimmerman LOCATION: NE's of the SWk of Section 14, T30N-R20W, Town of Somerset III.ARTICLE: 8.4 B(4)(b), Setback from a Town Road 8.4 F(1)(c), Access Driveway APPELLANT: Vernon Borst LOCATION: SEh of the NEk of Section 19, T31N-R18W, Town of Star Prairie Mr Greg Germain presented his request to construct a garage that would be 100 feet from the centerline of a town road. He is unable to construct the building any further back due to the sanitary system, and would like to attach it to his house. Mr. Ken Zimmerman presented his request to construct a storage building and garage to house his tractor and recreational equipment that would be 66 feet from the center of a town road. The reason for not being able to construct it further back is due to the septic system. Questions by Chairman Stephens. Mrs. Carolyn Borst presented their request to construct a garage that would be 68 feet from a town road. She explained the reason for the request. She also requested a variance of the driveway separation. Questions by board members. Motion by Supervisor Kelly to recess the hearings to inspect the properties in ques- tion. Seconded by Supervisor Meinke. Motion carried. Board returned to session to render the following decisions: I. GREG GERMAIN: Motion by Supervisor Stephens to approve the request of a 100 foot setback from a town road, as the structure will have the same setback as the house. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. II. KEN ZIMMERMAN: Motion by Supervisor Kelly to approve the request to build 66 feet from the centerline of a road, and the structure shall be 15 feet from the drainfield. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. III. VERNON BORST: Motion by Supervisor Stephens to grant the request to Vernon Borst for a garage that would be 68 feet from the centerline of a town road and the driveway next to the house shall be removed. Zoning Administrator to inspect the driveway upon completion. Mr. Borst is to notify the Zoning Office when this is completed. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. There will not be a meeting or hearing in December. Motion by Supervisor Kelly to adjourn. Seconded by Supervisor Meinke. Motion carried. Hearing in January will be on the 21st if needed. v f Vernon Kelly, Secret y This is a half day meeting. VK:HB:mj BOARD OF ADJUSTMENT DECISION Request of Park Broadcasting Co to ) amend Tower Lighting. ) November 26, 1985 The St. Croix County Board of Adjustment conducted a public hearing on November 26, 1985, and under Old Business, considered the request of Park Broad- casting Company to amend tower lighting. The Board of Adjustment entered an Executive Session to discuss the request. After returning to open session, the following decision was rendered: Motion by Supervisor Meinke to change number three of the conditional use permit to permit red lights on the radio tower during evening hours, and shielded strobe lights to be used as back up, with such lighting meeting all F.A.A. regulations. Seconded by Supervilor Kelly. Motion carried. Vote to approve: Meinke, yes; Kelly, yes; Stephens, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and'void. Aid Vernon Kelly, Secretary St. Croix County Board of Adjustments VK:HB:mj Park Broadcasting Town Clerk TO: Park Broadcasting of The Lake Country, Inc. FROM: Town of Somerset, Wisconsin This is to acknowledge that on April 18, 1985, you commenced construction in accordance with a building permit dated May 3, 1984 on the property located in Section 8, Township 30, and Range 20-19 for the construction of a radio tower and equipment building. ST. CROIX COUNTY TOWN OF SOMERSET: DATE l~ DATE / r B BY Sgt,s 1 0 TO: Town of Somerset FROM: This is to notify you that on April 18, 1985 construction commenced by Roy H. Park Broadcasting of the Lake Country, Inc. in accordance with a building permit dated May 3, 1984 on the property located in Section 8, Township 30 and Range 20-19 for the construction of a radio tower and equipment building. WITNESSETH Cordially yours, DATE ontractor for Roy H. Park of the Lake Country, Inc. eggs ' BOARD OF ADJUSTMENT DECISION Request of Park Broadcasting, Inc., ) for a special exception use, Article ) A-38-84 2.6 (12), Radio Transmission Tower, ) June 26, 1984 Amended Height, ST. CROIX COUNTY ) ZONING ORDINANCE. Location : NW- ) of the NICY, of Section 8, T30N-R19W, ) Town of Somerset. ) The St. Croix County Board of Adjustment conducted a public hearing on June 26, 1984 to consider the request of Park Broadcasting, Inc., for a special exception use, Article 2.6 (12), Radio Transmission Tower, Amended Height, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an Executive Session to discuss the request. After returning to open session, the following decision was rendered. Motion by Supervisor Stephens to deny the request because the original appeal stated the tower was researched to function at 1000 feet. Seconded by Supervisor Kelly. Motion carried. Vote to deny: Kelly, yes; Meinke; yes, Stephens, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Vernon Kelly, Secretary St. Croix County Board of Adjustment VK:HB:mj Robert M. Burns Roy H. Dark of the Lake Country Town Clerk Hendrik W. Van Dyk Leonard Kludtke r v BOARD OF ADJUSTMENT MEETING AND HEARING r y June 26, 1984 9:00 - 4:30 p.m. Meeting called to order by Chairman Stephens at 9:40 a.m. in the County Board Room, Courthouse, Hudson, Wisconsin. All members present. Minutes of the May meeting and hearings approved as mailed. Old business: Jon Erickson talked to the Board about his denial for filling a pond adjacent to Cedar Lake. Board will inspect the property and make a, decision. Hearing called to order by Chairman Stephens. Zoning Administrator read notice of hearings as published in the county and local newspapers. 1. ARTICLE: 2.6(12),Radio Transmission Tower, Amended Height APPELLANT: Park Broadcasting Company LOCATION: NWk of NEB of Section 8, T30N-R19W, Town of Somerset 2. ARTICLE: 2.3 F(3)(d), Structure APPELLANT: Kenneth O'Shea LOCATION: NEB of NEB of Section 25, T30N-R2OW, Town of St. Joseph 3. ARTICLE: 8.5 C, Sign APPELLANT: Halle Builders, Inc. LOCATION: SWk of NE'k of Section 4, T30N'R18W, Town of Richmond 4. ARTICLE: 8.4 B(2)(b), Setback from a State Highway APPELLANT: Randolph Bollum LOCATION: NW'k of NW'k of Section 24, T29N-R18W, Town of Warren 5. ARTICLE: 8.4 B(2)(b), Setback from a State Highway APPELLANT: Gary Martin LOCATION: NW4 of SE3t of Section 22, T30N-R20W, Town of St. Joseph 6. ARTICLE: 3.12 GG, St. Croix Riverway, Lift APPELLANT: Richard A. Thompson LOCATION: NEk of SE'k of Section 35, T30N-R2OW, Town of St. Joseph 7. ARTICLE: 8.4 B(4)(b), Setback from a Town Road APPELLANT: Curtis Arvold LOCATION: NE'k of NEk of Section 25, T30N-R20W, Town of St. Joseph 8. ARTICLE: 3.12 E(c), St. Croix Riverway, Bluffline Setback APPELLANT: Steven Weekes ,LOCATION: Govt. Lot#3, Lot 14, T28N-R20W, Town of Troy 9.' ARTICLE: 3.12 GG, St. Croix Riverway, Lift APPELLANT: Gary Griswold LOCATION: Lots 34 & 35, Section 13, T28N-R20W, Town of Troy 1. Mrs Sandra Griswold presented their request to construct a lift on their property. There will not be any trees removed and will also curtail erosion. 2. Hank Van Dyk presented the request of Park Broadcasting, explaining that F.A.A. and F.C.C. regulations require that the tower be raised to 1349 feet to insure getting into St. Louis Park. Robert Burns also explained the reason for requesting the additional height. Peter Stark spoke about the tower, explaining that the additional height would not change the margin of safety. Mr. John DuBois said that the additional height would not cause any radio or television interference. 2 - Greg Moore objected to the tower. He feels that if additional height is requir6d,, the tower should be moved. Robert Gabrick objected for several reason. Judy Peterson objected. 3. Kenneth O'Shea presented his request to construct a pole barn on his property that would be approximately 120 feet from CTH "V" and 25 foot side yard. 4. Wes Halle presented his request to construct an onsite sign that would be 12' by 12' advertising his business. The structure would not obstruct the view on STH "64", and a town road. 5. Randolph Bollum presented his request to construct a garage that would be 90 feet from the centerline of US 12. He explained that it is about the only place to construct it due to the location of the well and sanitary system. 6. Richard Thompson presented his request to construct a lift on his property and to leave a deck and landing that he has constructed. Correspondence was read from ad- joining landowners objecting to the structure. Correspondence was read from MN-WI Boundary Area Commission urging the Board to follow D N R request. Jake Vander Voort, D N R, informed the Board that the deck and landing should be removed and they will object to the deck if approved by the Board of Adjustment. He recommends that a specific time be given to remove the deck and then they will approve of the lift. 7. Roger Arvold presented the request of Curtis Arvold to construct a house that would be 140 feet from the center of the cul de sac in Woodland Hills,. He stated the reason for the setback is due to the location of the sewer system. 8. Gary Martin presented his request to construct a storage building that would be setback 75 feet from the centerline of STH "35" & "64". He explained the reason for the requested setback. The structure would be in its place until a permanent structure was added to the existing building. Questions by members of the Board. 9. Steven Weekes presented his request to construct a house that would be 40 feet from the bluffline. Mike Maquire, an architect, spoke in favor of the request, ex- plaining the characteristics of the lot. Correspondence was read from the MN-WI Boundary Area Commission. Jake Vander Voort explained that the Board of Adjustment only has the power to act on existing lots at the time the ordinance was approved. It is also the Board of Adjustment's decision to determine the hardship. Hearings recessed to inspect the properties in question. Board returned to session to render decisions. 1. Jon Erickson: Motion by Supervisor Stephens to permit filling with 10 foot wide channel from the lake to the point of entrance of natural waterway maintained at the present depth. Sidewalls of channel shall be secured to prevent erosion, with com- pleted work to be inspected by Zoning Administrator. Culvert from driveway must be removed or blocked to prevent flowage into channel. D N R approval in writing shall be furnished to the Zoning Office before filling can begin. Seconded by Supervisor Meinke. Motion carried. Vote to approve: Stephens, yes; Meinke, yes; Kelly, yes. 2. Park Broadcasting: Motion by Supervisor Stephens to deny the request because the original appeal stated the tower was researched to function at 1000 feet. Seconded by Supervisor, Kelly. Motion carried. Vote to deny: Kelly, yes; Meinke,,yes; Stephens, yes. 3. Kenneth O'Shea: Motion by Supervisor Kelly to approve the request as it is the best location and use of the land. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; Kelly, yes. 4. Halle Builders, Inc.: Motion by Supervisor Meinke to approve the sign request. Sign shall not be larger than 12 feet by 12 feet. The sign will not cause a traffic hazard on STH 64 or'the town road. This is an onsite sign and shall be removed if and when the house is sold. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Kelly, yes; Meinke, yes; Stephens, yes. 5. Randolph Bollum: Motion by Supervisor Stephens to deny the request because there are alternate sites on the property to construct a garage. Seconded by Supervisor Meinke. Motion carried. Vote to deny: Stephens, yes; Meinke, yes; Kelly, yes. 3 - 6. Gary I4artin: Motion by Supervisor Meinke to approve a temporary storage building. Building shall be removed after five years, or structure to the north of main building is constructed. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Meinke., yes; Stephens, yes; Kelly, yes. 7. Richard A. Thompson: Motion by Supervisor Stephens to deny the request of Richard Thompson. The present structure, both upper and lower decks, shall be removed by August 1, 1984. The bluffline to be restored to its original contour. Zoning Admin- istrator to inspect the site after completion. Mr. Thompson can re-apply for a lift upon completion of the structures removal and approval of the Zoning Administrator. Seconded by Supervisor Kelly. Motion carried. Vote to deny: Stephens, yes; Meinke, yes; Kelly, yes. 8. Curtis Arvold: Motion by Supervisor Kelly to approve the 140 foot setback from the center of the cul de sac as it is the best use of the land. Seconded by Super- visor Stephens. Motion carried. Vote to approve: Stephens, yes; Kelly, yes; Meinke, yes. 9. Steven Weekes: Motion by Supervisor Stephens to deny the request because the 100 foot setback does not hinder construction and does comply with NR 118 and 3.12 of the St. Croix County Riverway District. Seconded by Supervisor Meinke. Motion carried. Vote to deny: Meinke, yes; Stephens, yes; Kelly, yes. 10. Gary Griswold: Motion by Supervisor Meinke to approve the request as it does not disturb the surrounding area and complies with NR 118 and 3.12 GO-of the St. Croix County Riverway Ordinance. Seconded by Supervisor Kelly. Motion carried. Vote to approve: Kelly, yes; Stephens, yes; Meinke, yes. The next scheduled meeting will be July 24, 1984 at 9:00 a.m. with hearings scheduled for. 10:00 a.m. Motion by Supervisor Meinke to adjourn. Seconded by Supervisor Kelly. Motion carried. Meeting and hearings adjourned at 4:20 p.m. Vernon Kelly, Secre ry St. Croix County Board of Adjustment This is a full day meeting. VK:HB:mj June 25, 1984 On April 24, 1984, the St. Croix County Board of Adjustments granted to Park Broadcasting of the Lake Country, Inc., a conditional use permit for the construction of a 1000 foot tower in the Town of Somerset on the land of Leonard Kludtke. On May 3, 1984, the Zoning Board of the Town of Somerset issued a building permit for the construction of a 1000 foot tower in compliance with all the requirements of the St. Croix County Ordinance. The conditional use permit issued by the St. Croix County Board of Adjustments is subject to any and all regulations of the FCC and the FAA. Following the issuance of the conditional use permit and the building permit, Park Broadcasting of the Lake Country, Inc. applied to the FCC and FAA for permission to construct said tower. The FCC has indicated that the location of said tower meets all their requirements except that it will not transmit a signal of 70 DBL that will cover the city of license, St. Louis Park, Minnesota. It has been suggested that if the tower were 349 feet higher, it would meet all of their requirements and they would grant their approval. Park Broadcasting of the Lake Country, Inc. has applied to the St. Croix County Board of Adjustments to amend the conditional use permit to increase the height of the tower from 1000 feet to 1349 feet. s ` NORTH LATITUDE' 45° 06' 2111 kN WEST LONGITUDE: 92° 421 29° h IN MAY. 1984 OVERALL HEIGHT =2349 FEET ABOVE M.S. L. 2345 FEET ABOVE M. S.L. PROPOSED HARRIS FMH-12AC FM ANTENNA 1 370 FEET ABOVE AVERAGE OF TERRAIN 2293 FEET ABOVE M. S.L. 2240 FEET ABOVE M. S. L. TOWER 1349' 1345' 1293 j 1240' i i I I I i I 31 GROUND ELEVATION • 1000 FEET ABOVE MEAN SEA LEVEL FIGURE 5 NOT DRAWN TO SCALE SKETCH OF ANTENNA STATION KJJO ROY H. PARK BROADCASTING OF THE LAKE COUNTRY, INC. ST. LOUIS PARK, MINNESOTA PRES.ICH.281C 52 kW 190FEET PROPICH. 281 C 100 kW 1370 FEET A. D. RING & ASSOCIATES CON/VL"NO RADIO [NOINtcme WAGNINOTON. O. C. I F • N :p MIL LE I.ACti IF i - , . - -'1 - .aM I t f• '1- S e` 1, I rr, I.a ..n CYI~I 1 . LAKE I i •b, I ~ 1 I moo. "wr. Z wr w f w N~a I(+I' N I' E is I f I ' 1 I I it •TN :rnN r - RALLEL ➢ - n w'w 1,. I tC PROPOSED KJJO ~nwx i f'. I IMi LE K P AB t mV/m CONTOUR L CS B R S H, B U N , I F. M" T PROPOSED KJJO 1 k' + R a t I• I TRANSMITTER SITE I i PRESENT KJJO (C f ;..n x w xJ~ " 1 O 1 mV/m CONTOUR) ' ap M. C PRESENT KJJO(C.P.) TRANSMITTER SITE "r AGO R.. ILl" "0~~~ P O K I + i a y l" I u l ° o. E, I BI A R 0 P~ R, R " Y y ,(r~ •M M_~^ a a A T H N u K ow ;c I Wqs I c 0 F4 d~~oklY Pr{k *a'Mj - N 'r.NO,xwo` a.wN.cu. rrw rr • 1 a N" ' pwr. - Q i T , t _ (fbl al Ma fe No.m 5t Y• T r ~ _ a alll a 4 v cNti,.A,'a IG 1 0 w •.p°, { a.q m ~r'u'j_ _-_4-_-'t"-~_~ M.Ir"rnw • Fn Tol~ H I I E er -D A ..K T q " MEx • •s.. w,..r t I IE d C E E _ C_ T oT j . I - - - I ~.t1 , .r. n Y` L ° , u•w.r o°" n., E"Erp .x I N ~ i 4v" rr3"• I C'"' `i..._ra a. jI I _ T-_-1-_ '•"o - fi-a - AN. - - I _-s-••. •tt_-~ 1 r...rx. " w i o r•M~, YMt ' ML .:i-.~ -?NOrNII•le' y Nn 4 wx M➢11• •r crwx PRESENT (Lic.) TRANSMITTER SITE M•3 .~w..r. D Ux~ E- I BU F 1 F A I L O PRESENT KJJO I .V/. CONTOUR 1 w .N ~ Frrlbr . A A ~ ~ - - - -=-1~-"- Iw -~N 1!4 tNw•.• •i a. r w .w s w I '•,r,°~'° - ,T 1 x0 W.... 14 µ c _ - I ~Nn I in ww FIGURE 2 MI g E A ROC srElf.' Er• E Q E. PRESENT AND PROPOSED wN.. I , rr.• a O L M 1.0 mV/m CONTOURS . o a.._. _ _ STATION KJJO ROY H. PARK BROADCASTING v ~ • . aN I OF THE LAKE COUNTRY, INC. .we un E""id'" a «Nx ° ST. LOUIS PARK, MINNESOTA rr - - _ - PRES.:CH.281C 52 kW 490FEET PROP: CH. 281 C 100 kW WO FEET I I w•.rv •.,•..M 1 R N A. D. RING Be ASSOCIATES - N"O'" ""'""r' CON{uL.TINO I•AO.O CNOrNI{I•{ 10 K 5c NilomMwx Wt{NIN6TON. O. G. Mxxeul BOARD OF ADJUSTMENT DECISION Request of Park Broadcasting, Inc., ) for a special exception use, Article ) 2.6 (12), Radio Transmission Tower, ) A-84-11 ST. CROIX COUNTY ZONING ORDINANCE. ) March 27, 1984 Location: NWT of NEk of Section 8, ) T30N-R19W, Town of Somerset. ) I~ The St. Croix County Board of Adjustment conducted a public hearing on March 27, 1984 to consider the request of Park Broadcasting, Inc., for a .special exception use, Article 2.6 (12), Radio Transmission Tower, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an .Executive Session to discuss the request. After returning to open session, the following decision was rendered. Motion by Supervisor Stephens to grant approval of the request, contingent on approval that stipulations drawn up by the District Attorney are approved by Park Broadcasting, and the Board of Adjustment. Final approval will be on April 24, 1984. All access roads shall be constructed to county standards. Seconded by Supervisor George. Motion carried. Vote to approve will be made on April 24, 1984. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Robert Stephen Secretary St. Croix County Board of Adjustment RS:HB:mj Robert M. Burns Roy H. Park of the Lake Country Town Clerk Hendrik W. Van Dyk Leonard Kludtke CONDITIONAL USE PERMIT WHEREAS, Park Broadcasting, Inc. is in need of erecting a radio broadcasting tower in the town of Somerset, and WHEREAS, Park Broadcasting, Inc. has offered to purchase 40 acres of property from Leonard Kluedtke located in the NWT of the NE4 of Section 8, T31N-R19W, in the town of Somerset for purposes of erection of a radio tower, said location being a suit- able distance from Twin City International Airport pursuant to Federal Aviation Admin- stration regulations, and WHEREAS, erection of said tower would require a conditional use permit in an agricultural-residential district, and WHEREAS, construction of said radio tower would riot constitute an unreasonable interference with surrounding property in the agricultural-residential district in the town of Somerset, and WHEREAS, the Board of Adjustments has heard testimony from all parties concerned as well as all supporting documentation and petitions, NOW THEREFORE BE IT APPROVED, that Park Broadcasting, Inc., Terrace Hill, Ithaca, New York 14850, acting through Roy H. Park, its president, of 11320 Valley View Road, Eden Prairie, MN 55344, is hereby granted a conditional use permit for an agricultural- residential district, subject to the following conditions: 1. That said radio tower be constructed and operated in accordance with all Federal Aviation Administration and Federal Communication regulations; 2. That said radio tower be constructed and operated in accordance with all State of Wisconsin regulations, if any; 3. That shielded strobes be utilized to illuminate the tower; 4. That Park Broadcasting, Inc., indemnify and defend the County of St. Croix and the Board of Adjustment for all administrative and court proceedings arising out of the granting and use of this conditional use permit; 5. That Park Broadcasting, Inc. indemnify and hold harmless the County of St. Croix for all tort actions arising out of the construction and use of said radio tower; 6. That Park Broadcasting, Inc. provide St. Croix County with proof of insurance in accordance with county requirements, as determined on an annual basis; 7. That Park Broadcasting, Inc. maintain the access road in accordance with county standards set forth in Section 5.8(c)(9) of the Zoning Ordinance and according to any and all standards of the Town of Somerset. I 8. That in the event the Federal Aviation Administration and/or Federal Com- munications fail to enforce their regulations, St. Croix County may appeal to the proper regulatory and legislative authorities to compel enforcement. Approved this 24th day of April, 1984. St. Croix County Board of Adjustments Milton Meinke, Chairman Ben George Robert J. Stephens Approved as to form. Harley F. Stark Jr. Assistant District Attorney Terms and conditions herein stated are accepted and approved. Roy H. Park, President Park Broadcasting, Inc. Wright M. Thomas, Secretary Park Broadcasting, Inc. M ~ i BOARD OF ADJUSTMENTS MEETING AND HEARINGS r March 27, 1984 10:00 a.m. - 4:40 p.m. Meeting called to order by Chairman Meinke at 10:00 a.m. in the County Board Room, Courthouse, Hudson, Wisconsin. All members present. Minutes of the February meeting approved as written. Hearing called to order by Chairman Meinke at 10:00 a.m. Zoning Administrator read notice of hearings as published in he county and local newspapers. 1. .ARTICLE: 8.4 B(3 (c), Setback from town road. APPELLANT: Don Gro saint LOCATION: SW's of Wk of Section 15, T29N-R17W - Town of Hammond 2. ARTICLE: 8.4 B(4 (b), Driveway separation APPELLANTS: Wendy Slave and $eth Teed LOCATION:': SW14 of 'W!4,. Section 33 T30N-R1 W, Town of St. Joseph 3. ARTICLE: 3.4 B, ip Rap APPELLANT: Marie Ride 'LOCATION: SEh of Eli. Section 18 T29N-Rl W, Town of huu::on 4. ARTICLE: 2.6 F(1 Arivate airport APPELLANT: Walter . Howard ' LOCATION: NEk of iWk and NE'k of SE14, Section' 14 T28N-R1 W, Town of Kinnickinnic 5. ARTICLE: 3.12, St. Croix Riverway APPELLANT: Jerry Sandford LOCATION: SA of k of Section 35, T29N-R2 W, Town of St. Joseph 6. ARTICLE: 3.7 B, etback from water APPELLANT: Edward A. Nelson LOCATION: NE'k of Ek of Section 30, T31N-R1 W, Town of Star Prairie 7. ARTICLE: 2.6 F(6 , Kennel APPELLANT: Tom Kas nskas LOCATION:. NWT of W-4 of Section 2, T29N-R1 W, Town of Hammond 8. ARTICLE: 2.6 (1211, Radio transmission tower APPELLANT: Park Br adcasting Inc. LOCATION,: NWk of Ek of Section 8, T30N-R1 W, Town of Somerset Mrs. Karen Grossaint presented thei request to construct a new home on the same founda- tion as the present house. The hou e will be approximately 82 feet from the center- line of CTH "T". Township Chairman O'Connell informed the Board that the Town Board has no objections. Jere Bendicksoa presented the reque t of Wendy Stave and Beth Teed to construct a drive- way on Hillcrest Drive that would b approximately 75 to 100 feet from CTH "E". Mr. Charles Goosen presented there uest of Marie Rude to rip rap an area of the Willow River Race for erosion control and assist in trout habitat improvement. Questions by members of the Board. Mr. Walter Howard presented his req est to construct a private airstrip in the Township of Kinnickinnic. He owns 158 acres and wishes to construct the airstrip and build a home on the property. He owns his wn aircraft. Questions by members.of the Board. Mr. Howard was asked if he could me it all the criteria of the County Ordinance. He said he could. He also has approval of F.A.A. and the Dep'srtment of Transportation. Mr. James,Rusch presented the request of Jerry Sandford to construct an addition to his house that would be 40 feet from the bluffline of the St. Croix Riverway District. Mr. Sandford wishes to construct an enclosed swimming pool and mechanical room. Mr. Steve Johnson, MN-WI Boundary Area Commission has no objections to the request. Mr. Jake Vander Voort, Department of Natural Resour es, has no objections to the request. i Mr. Edward Nelson presented his request to construct an addition to his present house that would be 25 feet from the Apple River. His house is from 22 - 24 feet from the river. The addition is needed for additional living area. Questions by members of the Board. Mrs. Rita Kasinskas presented their request to construct a dog kennel on their property. The kennel will be for their personal use. They raise and sell A.K.C. registered dogs. The kennel will have runs built in so the dogs will not be running loose. Mr. Emmett O'Connell questioned whether the dogs would be confined. Mrs. Kasinskas agreed that they would be. The Township has no objections. Mr. Henrik Van Dyk presented the request of Park Broadcasting to construct a tower on 40 acres of land. Robert Burns, Elliot Anderson, Mike Waggoner, and Dr. John Dubois were introduced to the Board. Supervisor Stephens read a .letter on character of the development of the tower. Cost of the tower is estimated at $350,000. The tower and maintenance building will be enclosed with an 8 foot chain link fence.- Mike Waggoner explained the tower construction and how it would collapse within itself in any type of situation. Dr. Dubois explained the tower and how it is needed. Robert Burns explained the location of the tower. It is the only site that could be located far enough away from the river, railroad, and highway according to F.A.A. regulations. Questions by members of the Board. Mr. Ed Schachtner, Town Board member, has no objec- tions to the tower. John Nelson adjoining landowner had questions on the tower and land values of adjoining property, lighting of the tower, and constructing a road to his property. Robert Gabrich objected to the tower for sight reasons, aesthetic reasons, and ecology reasons. Jean Gabrich opposed the tower stating she would see it ati. night, last thing, and wake up to see it in the morning. Jake Vander Voort, DNR, said he can find nothing in DNR regulations to prevent construction of the tower. He said some birds do fly into the tower, but they are not on the endangered.species. DNR is neither in favor or objects to the tower. Lee Kellaher is a.pilot, and feels that strobe lights on the upper portion of the tower are really necessary. Gerald Plourde, County Board member, asked about zoning the parcel to Commercial. He was informed that radio and television towers cannot be in the Commercial District. Stephen Mach, Communications Officer for St. Croix County, made comments on the need for emergency communicuLions in LIL, 'SuuiC~z:L Several were asked by persons in the audience. Hearing recessed at 12:15 p.m. for lunch and visiting the sites in question. Board returned to session to render decisions on the special exception and variance requests. 1. Don Grossaint: Motion by Supervisor Stephens to grant approval, as the new house would not be closer Lo CTH "T". Seconded by Supervisor George. Motion carried. Vote to approve: George, yes; Stephens, yes; Meinke, yes. 2. Wendy Stave and Beth Teed: Motion by Supervisor Stephens to deny the request because further options are available which would not place the proposed driveway as close to the stop sign on CTH "E" and because moving the driveway closer to the stop sign would increase danger rather than improve safety. Seconded by Supervisor George. Motion carried. Vote to approve denial: George, yes; Stephens, yes; Meinke, yes. 3. Marie Rude: Motion by Supervisor George to approve the request as it will improve the stream bank and trout habitat. DNR to inspect the rip rap after completion. Seconded by Supervisor Meinke. Motion carried. Vote to approve: George, yes; Stephens, yes; Meinke, yes. 4. Walter H. Howard: Motion by Supervisor George to approve with the stipula- tion that all county regulations on airstrips shall be complied with. Seconded by Supervisor Stephens. Motion carried. Vote to approve: Meinke, yes; Stephens, yes; George, yes. 5. Jerry Sandford: Motion by Supervisor George to approve because no sig- nificant encroachment of the bluffline would occur. Zoning Administrator shall inspect the project upgn completion. Owner to notify Zoning Administrator. Seconded by Super- visor Meinke. Motion carried. Vote to approve: George, yes; Stephens, yes; Meinke, yes. 6. Edward Nelson: Motion by Supervisor Stephens to grant approval because the addition of 18 feet would not present further encroachment to the Apple River setback. Seconded by Supervisor George. Motion carried. Vote to approve: Meinke, yes; George, yes; Stephens, yes. i "A • % 7. Tom Kasinskas: Moti n by Supervisor Stephens to approve the kennel with the stipulation that all County Or inances for kennels be obeyed, and all dogs held shall be confined to fenced runs. Upon completion, the Zoning Administrator shall be notified, and inspect the kennel. Seconded y Supervisor George. Motion carried. Vote to approve: Stephens, yes; Meinke, yes; George yes. 8. Park Broadcasting: Motion by Supervisor Stephens to grant approval of the request, contingent on approval that stipulations drawn up by the District Attorney are approved by Park Broadcasting, and the Board of Adjustment. Final approval will be on April 24, 1984. All access roads shall be constructed to county standards. Seconded by Supervisor George. Motion carried. Vote to approve will be made on April 24, 1984. Motion by Supervisor George to adjourn. Seconded by Supervisor Stephens. Motion carried. Next scheduled hearing date is Apr J1 24, 1984. Hearing adjourned at 4:40 p.m. Robert Stephens, Secretary St. Croix County Board of Adjustment This is a full day meeting. HB:RS:mj