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HomeMy WebLinkAbout022-1008-10-300 ORDINANCE DECISION TREND ANALYSIS Data Collection/Analysis Would Include: Initial Data Computer/Property I.D. # Owner's Name pap Pad Property Address Zoning District A2 AG RES COM IND Past Zoning A2 AG �AI3/, RES COM IND Overlay District NONE SHORE�L[AND WETLAND FLOODPLAIN RIVERWAY Location -- Section, Town, Range, Lot - / • Acres �" Request Date 4- 1— (7-7 Disposition DENIE APPROVED WITHDRAWN POSTPOi-9D Date Activity Rezoning / Varianc xce�t--Q Type of Variance/lie] Ex cial ception "'2 - 'LICL ROAD/HWY. SETBACK WATER SETBACK BLUFFLINE SETBACK LOT RATIO DRIVEWAY SEPARATION NONCONFORMING LOT SIZE r Ordinance Citation /-T if �Z'L) 2- Supporting Evidence Descriptiony AP/PI, N S MAPS SOIL TEST Haiip YES NO Lind o Rezoning YES NO Conditions EXPIRATION DATE COMPLETION ACCORDING TO PLAN ALL PERMITS COWLETE ZONING OFFICE ACCESS & NOTIFICATION UPON COMPLE7NO EROSION CONTROL Objections YES I FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 34-97 Complete Application Received: November 29, 1997 Hearing Notice Publication: Weeks of January 5 and 12, 1998 Hearing Date: 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 applicant is David W. Larson, 80 South 8th Street, Minneapolis, Minnesota 55402. 2. The applicant on November 29, 1997, filed with the Zoning Office an application for a special exception for a wireless communication tower. 3. Dan and Jacque Nelson are the owners of the property which is the subject of the application and is located in the NE 1/4 of the NW 1/4 and the W 1/2 of the NE 1/4 in Section 3, T28N, R18 W and the E 1/2 of the NE 1/4 of Section 4, T28N- R18W, all in the Town of Kinnickinnic, St. Croix County, Wisconsin. 4. The subject property is zoned Agricultural/Residential and is presently used for agricultural purposes. 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. David Larson, being duly sworn, stated that he is the applicant. Airtouch is trying to increase the capacity and coverage in St. Croix County and needs this tower to do that. They will be leasing the property from Dan and Jacque Nelson. 7. The following exhibits were introduced: Exhibit 1: Copy of application for special exception Exhibit 2: Staff report Exhibit 3: Letter from the Town of Kinnickinnic recommending approval of the project. Exhibit 4: Landowner Acknowledgement from Dan Nelson agreeing to lease land to Air Touch Exhibit 5: Map showing location of the tower Exhibit 6: Description and Location sketch of land Exhibit 7: Blueprint of tower design Exhibit 8: Letter from Pirod explaining tower failure and predicted collapse upon failure. Exhibit 9: Photographic mock-up showing what the tower will look like. Exhibit 10: Letter from Airtouch Exhibit 11: Map showing the coverage area for tower Exhibit 12: Second map showing the coverage area of the A.P.T. tower Exhibit 13: Correspondence from David Larson with copies of Wisconsin Department of Commerce approval of tower design. 8. The total height of the tower will be 230 feet with 20 foot whip antennas for a total-, height of 250 feet. There are opportunities for collocation on the tower. 9. The proposed location of the tower complies with all setback and ordinance standards. 10. The Town of Kinnickinnic recommends approval of the project. 11. There is no opposition from surrounding neighbors. 12. Airtouch has received F.A.A. approval. The color of the tower will be red and white due to the height, and will also require a red blinking light. 13. 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. 14. 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: D. King Yes J. Neumann Yes N. Golz Yes Vice Chairman Filipiak No with the following conditions: 1) Provide the zoning office with a copy of approval letter from the F.A.A. 2) 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. ZO G,QOAF OF JUSTMENT Signed ---rte-- (J - Chairperson Attest 441�04 Zoning Director Dated: 02/03/98 Filed: 02/03/98 LOCATION: Located in the NE 1/2 of the NW 1/4 of Section 17, T29N-R19W, Town of Hudson 11. ARTICLE: * CANCELED * 17.29(2) Filling and Grading in a Shoreland District APPELLANT: Neil Anderson LOCATION: Located in the SE 1/4 of the SE 1/4 of Section 19, T28N-R18W, Town of Kinnickinnic All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson,Wisconsin at(715) 386-4680. John Bradley, Chairman St. Croix County Board of Adjustment Dan and Jacque Nelson, David Larson Cindy Sherman introduced the following exhibits: Exhibit 1: Application for special exception Exhibit 2: Staff report Exhibit 3: Letter from the Town of Kinnickinnic recommending approval of the project. Exhibit 4: Landowner Acknowledgement from Dan Nelson agreeing to lease land to Air Touch Exhibit 5: Map showing location of the tower Exhibit 6: Description and Location sketch of land Exhibit 7: Blueprint of tower design Exhibit 8: Letter from Pirod Exhibit 9: Picture showing what the tower looks like Exhibit 10: Letter from Airtouch Exhibit 11: Map showing the service area for tower Exhibit 12: Second map showing the service area for the tower Exhibit 13: Correspondence from David Larson with copies of state approval of project The Board reviewed exhibits 5, 6 and 7 with the Zoning Director. David Larson, being duly swom, is here today representing Dan and Jacque Nelson. Larson explained that Airtouch is trying to increase the capacity and coverage in St. Croix County. The usage is increasing so there is a need for more towers. He believes that they can cover St. Croix County with four sites. There is a site in Baldwin, one on Hanley road, the tower being proposed today which is half way between Hudson and Baldwin, and they are looking at a tower in the future to possibly be in New Richmond. The APT tower that is currently up is too short for this area and Jeff Nelson, telecommunications tower expert for St. Croix County, agrees with this. The total height of the proposed tower will be 250 feet with the whip antenna. There are opportunities for co-location on this tower. Larson further stated that they comply with all setbacks and ordinance standards. The township has given approval, as well as the state. There is no opposition from, surrounding neighbors. Larson noted that because of the height of the tower, there will be a red blinking light on the tower that is required by the FAA. The color of the tower has to be red and white due to the height. They have received FAA approval, but do not have anything in writing. The Board would like to have something in writing sent to the Zoning Office. 4 Parcel #: 022-1008-10-300 01/21/2011 10:15 AM PAGE 1 OF 1 Alt. Parcel#: 04.28.18.49A-30 022-TOWN OF KINNICKINNIC Current EXI ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 08/23/2007 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-NELSON, DAN L&JACQUE DAN L&JACQUE NELSON 1192 CTY RD N ROBERTS WI 54023 Districts: SC = School SP= Special Property Address(es): '=Primary Type Dist# Description SC 2422 SCH D ST CROIX CENTRAL SP 1700 WITC Legal Description: Acres: 19.276 Plat: N/A-NOT AVAILABLE SEC 4 T28N R18W NE NE EXC COM S LN NE Block/Condo Bldg: 1/4&CL ST TR HWY 65, E 50RDS, N 128RDS,W 50RDS TO CL TR HWY 65, S ON CL Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4) TO POB EXC CSM 22-5441 (599 IS TOWER 04-28N-18W NW NE NUMBER) Notes: Parcel History: Date Doc# Vol/Page Type 08/23/2007 858529 22/5441 CSM 04/17/2006 822931 QC 04/17/2006 822930 WD 12/15/1998 593845 1387/280 EZ-1 more... 2010 SUMMARY Bill#: Fair Market Value: Assessed with: 117027 Use Value Assessment Valuations: Last Changed: 09/07/2010 Description Class Acres Land Improve Total State Reason AGRICULTURAL G4 19.276 3,100 0 3,100 NO 00 Totals for 2010: General Property 19.276 3,100 0 3,100 Woodland 0.000 0 0 Totals for 2009: General Property 19.276 2,600 0 2,600 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 111111 I Ifs Jim 1'1111111111111 lilt ilflll IIII flil 858529 KATHLEEN H. WALSH REGISTER OF DEEDS ST. CROIX CO., WI RECEIVED FOR RECORD 08/23/2007 10:30AM CERTIFIED SURVEY MAP CERTIFIED SURVEY MAP VOL REC2FEE:PA 13.005441 Dan L.Nelson and Jacque L.Nelson COPY FEE: 3.00 ,3 Located in the Northeast 1/4 of the Northeast 1/4 of Section 4, PAGES: 2 3 T 28 N, R 18 W,Town of Kinninkinnic,St.Croix County,Wisconsin FIECEPNED so \Cb vwvcffs,tECOF0 NORTH QUARTER CORNER \ OWNERS'ADDRESS t`�j SECTION 4,T 28 N,R 18 W 1188 C.T.H."N" t G� P(3/ (FOUND r1/2"IRON PIPE) Roberts,Wl.540-3 ER X18 ��M I �EBT1fl�P UBVEKWE VQLUME 9 P U-49-6Z J�/ J ---S 89°56'39"W 2632.38'- NORTH NE 1/4 SEC_4 ——————- r -- -A1/ A VEN E__ �Be 1 °56'39"w sos�zz N a r w J r °D gdAk p S O 4751" CORNER NORTHEAST RHEA.YI' V! 418.78 .38 �' i SE(,TION p,T z8 N,R 18 w ?I el \ �. — — ;c-x_ J © ! z� NUBILE MONUMENT) NI°;J LOT 1 age' op E �� 85, i �'_ 3.029 ALRES t1°° 401Y ° WEST LINE NORTH 375'-EAST 475' �'�I A? ` (,� $F' DRTVfsWAYEASEMENT NE 1/4 SECTION p �1'I �,� i I 0 [13,�9345Q.fT l'��°,ay cENrrEREDONLOrrnvs�ke. $� � LOT Z ' �z3 h o OR 117,393 SQ.FT. Ah c � 4! Zi �y'a N 8g°4 11 4 W/4 ON gOlF�FI g75T$A�T 475-— ,o-"'5 -�'op PROPOSED FUTURE VNPLAT ) LANDS PUBLIC ROAD sa A o°3 i=1 ' 16 oo' y a! �! ! VNPL&TED LANDS ~''°°•••"•- as as J __—_-------- ------------------- Lwu E a • •• NOTE- ' I I 7 The Grantor,Heirs and.lsa�igrns reseve a Limited I M r� Construction Easement as onon on this map . * l�ls a public orFrivate road system is devetoped tom ELD LLE,;�a ser nm axUonnmg landty said Grantors,Heirs and : Nid roadsystem this areafor construction of - ••......g�� Z d LSD LEGEND BA z4,2oo6 W E 0 Indicates 1"O.D.x 18"Iron Pipe Set (Min.Wt.-1.13 Ibs./Lin.R.) • Found 1"Iron Pipe Section Corner Monument 5 0 (as noted) scale in Feet r"='2Aa' A Indicates Soil Boring C4 ® Indicates Limited Construction zoo loo 0 200 Easement Area BearSrap are referenced to the North line of the NE 1/4 —x— Indicates Fence of Section 4�, assumed bearing s 89°56'39" W. 4NEEND This Instrument Drafted by Mark W.Peavey (R= ) Recorded As SHEET 1 OF 2 Vol. 22 Page 5441