The URL can be used to link to this page

Home My WebLink About038-1137-40-000 ST. CROIX COUNTY WISCONSIN ZONING OFFICE ST. CROIX COUNTY GOVERNMENT CENTER ■ ■:•� 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 July 13, 1999 File Ref: 21-99 Jaymes D. Littlejohn 80 S. 80' St., Suite 4700 Minneapolis, MN 55402 Re: Board of Adjustment Decision Dear Mr. Littlejohn: 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, Steve Fisher / Zoning Director dm Enclosure cc: Michael and Kathleen Cody Felicia German, Clerk—Town of Star Prairie FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN Case: 21-99 Complete Application Received: May 26, 1999 Hearing Notice Publication: Weeks of June 7 and 14,1999 Hearing Date: June 24,1999 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 Michael and Kathleen Cody and Jaymes D. Littlejohn. 2. The applicants on May 26, 1999, filed with the Zoning Office an application for a special exception for a wireless communication tower. 3. The property is owned by Michael and Kathleen Cody and is located in the SE %of the SE '/of Section 33, T31 N, R1 8W,Town of Star Prairie, St. Croix County,Wisconsin. 4. 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. 5. Jeff Nelson, wireless communications tower consultant for St. Croix County, is reviewing the application and will be forwarding an opinion. 6. The Board of Adjustment found that the proposed location of the tower complies with all setback and ordinance standards. 7. The Town of Star Prairie recommends approval of the project. 8. The Board found that this special exception application conforms with the requirements of Section 17.87(3)of the Zoning Code Regulating Wireless Communication Facilities. 8. The Board found that the spirit and intent of the Ordinance will be met by granting this special exception permit. 9. 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 based on the following findings: 1. Request complies with zoning ordinance. 2. The Town of Star Prairie recommends approval of the application 3. Request meets the provisions of the St. Croix County Telecommunications Ordinance #440. 4. The request meets the spirit and intent of the zoning ordinance. with the following conditions: 1. The application is approved with the condition that the county consultant, Jeff Nelson, submits a written letter supporting this request and not other suitable locations exist. If the letter questions this site or determines that there are other suitable sites, this must come back to the Board of Adjustment for further discussion and a final decision. 2. A building permit should be obtained from the Town of Star Prairie prior to construction. 3. Tower to be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 4. The Zoning Office is to be notified at the start and the finish of the project. 5. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 6. All FAA and FCC approvals/permits are to be obtained. 7 Applicant to agree to allow collocation of competitors on tower at market rate. 8 The color of the tower is to be according to the zoning ordinance (natural steel was agreed to at the hearing). 9. Any change to the above conditions shall require a new public hearing. 10. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 11. The applicant shall have one (1) year from the issuance of the Special Exception permit to finish the project. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. The following vote was taken to approve: R. Peterson Yes D. King Yes N. Golz Yes B. Wert Yes Chairperson Speer Yes 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 t I period. St. Croix County does not certify that the identity of all persons expiration of he appea pe ty fy ty 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. i r ZONING BOARD OF DJUSTMENT Signed Ch erson Attest Zoning Director Dated: 07/21/99 Filed: 07/21/99 i Parcel #: 038-1137-40-100 04/02/2014 10:36 AM PAGE 1 OF 1 Alt. Parcel#: 33.31.18.562A-5 038-TOWN OF STAR PRAIRIE Current ❑X ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-CODY, MICHAEL L&KATHLEEN A TR MICHAEL L&KATHLEEN A TR CODY 1852 110TH ST NEW RICHMOND WI 54017 Property Address(es): "=Primary "1818 110TH ST Districts: SC= School SP=Special 1816 110TH ST BARN Type Dist# Description SC 3962 SCH DIST NEW RICHMOND SP 1700 WITC Notes: Legal Description: Acres: 27.640 SEC 33 T31 N R1 8W SE SE EXC 3A IN P562B, C, &D AND EXC THAT PART TO CSM 8/2137 Parcel History: EXC TO ST DOT HWY PROJ 1559-08-23 Date Doc# Vol/Page Type 1611/406 CELL TOWER 09/21/2009 904105 WD 04/02/2001 641828 1611/406 AD 07/23/1997 887/139 Plat: "=Primary Tract: (s-T-R 40%160%) Block/Condo Bldg: "N/A-NOT AVAILABLE 33-31N-18W 2014 SUMMARY Bill#: Fair Market Value: Assessed with: Use Value Assessment Valuations: Last Changed: 10/10/2013 Description Class Acres Land Improve Total State Reason RESIDENTIAL G1 1.000 20,000 86,200 .106,200 NO AGRICULTURAL G4 20.640 3,400 0 3,400 NO AGRICULTURAL FOREST G51M 6.000 9,000 0 9,000 NO Totals for 2014: General Property 27.640 32,400 86,200 118,600 Woodland 0.000 0 0 Totals for 2013: I General Property 27.640 32,400 86,200 118,600 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 #: 038-1137-70-000 04/02/2014 10:37 AM PAGE 1 OF 1 Alt. Parcel#: 33.31.18.562D 038-TOWN OF STAR PRAIRIE Current [X] ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-CODY, MICHAEL L&KATHLEEN A TR MICHAEL L&KATHLEEN A TR CODY 1852 110TH ST NEW RICHMOND WI 54017 Property Address(es): *=Primary *1820 110TH ST Districts: SC=School SP=Special Type Dist# Description SC 3962 SCH DIST NEW RICHMOND SP 1700 WITC Notes: Legal Description: Acres: 1.000 SEC 33 T31 N R18W 1A IN SE SE COM CEN TN RD AT NE COR SE SE,TH W 208.7 FT, S Parcel History: 208. 7 FT, E 208.7 FT,TH N TO POB Date Doc# Vol/Page Type 09/21/2009 904105 WD 07/23/1997 466/104 Plat: *=Primary Tract: (S-T-R 401/4160'/4) Block/Condo Bldg: *N/A-NOT AVAILABLE 33-31N-18W 2014 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 09/13/2011 Description Class Acres Land Improve Total State Reason AGRICULTURAL FOREST G5M 1.000 1,500 0 1,500 NO Totals for 2014: General Property 1.000 1,500 0 1,500 Woodland 0.000 0 0 Totals for 2013: General Property 1.000 1,500 0 1,500 Woodland 0.000 0 0 Lottery Credit: Claim Count: 1 Certification Date: Batch M 130 Specials: User Special Code Category Amount Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES June 24, 1999 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Dick King, Nick Golz, Rich Peterson and Brian Wert were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Debbie Murphy, Administrative Secretary and Kevin Grabau, Zoning Technician. Motion by Wert, second by Peterson to adopt the agenda. Motion carried. Motion by King, second by Golz to approve the May minutes. Motion carried. The Board set the next meeting date as July 22, 1999. The starting time will be 8:30 a.m. Steve Fisher introduced Kevin Grabau to the Board. Kevin is the new Zoning Technician and will be working mostly with the septic program. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available today if needed. OLD BUSINESS It was noted that the Gregory and Kathleen Johnson application for a Special Exception request for a Telecommunication Tower has been postponed until the July meeting. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was published as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, June 24,1999 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Variance request to 15 foot height restriction for accessory buildings pursuant to Section 17.12(5). Request is for a 6 foot variance to this height restriction. APPELLANT: Gary and Penny Karasch LOCATION: Located in Lot 22, Woodland Hills Addition, Section 25, T30N, R20W, Town of St. Joseph. 2. ARTICLE: Special Exception request for a Temporary Occupancy permit to live in a temporary mobile home while building a permanent residence pursuant to Section 17.70(3)(c)3. 1 'n purchased b homeowners. The would rather see these vehicles stored inside a being Y Y building than sitting out on someone's property. Gary and Penny Karasch, being duly swom, are the owners of the property. They reiterated what Fisher presented to the Board. They have a motor home, snowmobiles and other vehicles that they would like to have stored in a building on their property. These vehicles are expensive and at the present time, they have to store them off-site. Karasch needs a 14 foot overhead door to be able to get the motor home inside the building. The building will be approximately 18 feet in height, (the average height of the building from the eave to the ridge) and 21 feet in total height. They meet all their setbacks for the structure. The Board will visit the site. Mark Mallet Rod Eslinger explained to the Board that this request is for a temporary occupancy permit for a mobile home to be placed on site while a primary residence is constructed. All permits have been secured. This came to the Zoning Office's attention when the plumber came in to pull the permit. Eslinger stated that the applicant has been very cooperative. The applicant was not made aware by the Town that he needed a temporary occupancy permit. The following exhibits were introduced: Exhibit 1: Staff report and site map Exhibit 2: Special exception application and attachments Exhibit 3: Survey map with location of home Exhibit 4: Letter from the Town of Springfield recommending approval and a copy of the building permit. Exhibit 5: Copy of sanitary permit and state approved plan for mound system Mark and Kathryn Mallet, being duly swom, state that they are the owners of the property. When he went to the town, they did not inform him that he needed this permit for his temporary home. The septic system was put in late April of the first part of May. Mallet presented pictures of his project and they were labeled as Exhibit 6. Mallet went on to explain that he owns 40 acres. The mobile home was moved on site the first part of April. The sanitary permit was issued in December, but not installed until later. They have two parties interested in buying their mobile home when they have moved into their new home. Eslinger stated that the reconnection permit has already been issued so all permits have been taken care of. The Board will visit the site. Timothy Caruso Fisher explained that this application is for a commercial business in the commercial district. There is presently a trailer sales and consignment business on the property. Caruso plans to run a business for used vehicle sales and U-Haul rental. He will be leasing space to Mr. Sayer for trailer sales . There will not be any consignment sales. Any signs on the property will comply with the zoning ordinance. 3 40 41P The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special exception application and attachments Exhibit 3: Copy of agreement Caruso made with seller to insure that site is cleaned up. Exhibit 4: Copy of Certified Survey Map showing layout of business on property. Fisher told the Board that the Town of Somerset approves of this application. Timothy Caruso, being duly sworn, is the applicant. He explained that he plans to purchase Marv's Consignment and will be selling used vehicles and trailers, but will not have any consignment sales. He plans to clean up the property and will get rid of all consignment articles. He asked that the Board take a look at suggested condition number 4 on the staff report. He would like the August 15t date moved back, as he will not be closing on the property until June 30th and that does not give him much time to remove the consignment goods. Other than that, he has no problem with any of the proposed conditions. Miles Wittig, being duly sworn, is the Vice Chairman of the Planning Commission for the Town of Somerset. He stated that the Town is very happy with this application and believes that the new owner will take care of a lot of the concerns that the Town has had with this property. The Town of Somerset supports this application. The Board will visit the site. Michael and Kathleen Cody/Jaymes D Littlgjohn and AirTouch Communications This request is to locate a telecommunications tower in the Town of Star Prairie. The tower would be 199 feet in height and over 1,000 feet from the closest residence. The preferred color is galvanized steel, as it will not weather. The Board was informed that Jeff Nelson, the tower expert for the county, has asked for additional information with regard to co-location on area towers. Eslinger went over the staff report with the Board. The following exhibits were introduced: Exhibit 1: Staff report and attachments Exhibit 2: Letters from Attorney Littlejohn Exhibit 3: Special exception application and attachments Exhibit 4: Site analysis for Cody property and attachments Exhibit 5: Site plan for tower with attachments Exhibit 6: Facility plan from Air Touch Exhibit 7: Letter from the Town of Star Prairie recommending approval of application Exhibit 8: Letter from Jeff Nelson that was received June 23`d recommending postponement as he would like additional information. Jay Littlejohn, being duly sworn, is the agent for Michael and Kathleen Cody. He spoke with Jeff Nelson last evening and the AirTouch engineer is out of town so he could not speak with Nelson. 4 0 • 1. Applicant to supply staff with a copy of a certified building inspectors report certifying that the structure meets applicable building code requirements for the proposed duplex. 2. The applicant shall have one (1)year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to utilize the home as a duplex in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing construction on the project. 3. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. The following vote was taken to approve: Wert, yes; King, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by Wert, second by King to adjourn at approximately 1:20 p.m. Respectfully submitted: av Brian Wert, Secre ry Debbie Murphy, Record' Se tary 9