HomeMy WebLinkAbout032-2013-90-050(3) ZONING ACTIVITY WORKSHEET
Property ID #: o-013 - qO - poep Parcel#:
Municipality: Tojon D?c s SOI-k2C✓5a-:�
Property Address: 533 NVIN
Owner Name: LON Wl a rte l
Other Interest: KetA Ffayi:)ev► Hvnp-yri CAi, 7 ooleV' Corip.
Other Interest:
Activity: S ecial Exception Variance Rezonement
Request Date: 4 U V St 26, M9 9 Acres:
Zoning District: A2 AG RES ® IND
Past Zoning: A2 AG A/R RES COM IND
Overlay District: SHORELAND WETLAND FLOODPLAIN RIVERWAY
Type of Variance/Special Exception: 1 e-),or i I ov✓�Y''
Ordinance Citation: LJifPltess c6mmyo lc"-bo �&' ci
Ordinance: HONING SANITARY SUBDIVISION
Conditions: S� d14
Decision: APPROVED DENIED WITHDRAWN
Date of Decision:
Notes:
_Support Linked to Rezoning _Objections _Hardship Conditions
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ST.(mix coui 3'Y KATUEEM H.EAPR
JRk/EY�?{d'S�?FCGRD REGISTER OF DEEDS
ST. CROIX CO. NI
RECEIVED FOR kECORD
CERTIFIEDSURVEY MAP 11/15/2004 10:35A)l
CERTIFIED SURVEY HAP
LOCATED IN PART OF THE NE1/4 OF THE NWI/4 OF REC FEE: 13.00
COPY FEE: 3.00
w v SECTION 4,T30N,R19W,TOWN OF SOMERSET,ST. PAGES: 2
z-o
r CROIX COUNTY,WISCONSIN.
SURVEYOR:
w°( NOTE: OUTLOT 1 MUST REMAIN IN PREPARED FOR: DOUGLAS ZAHLER
z LL O COMMON OWNERSHIP WITH LOT 6. THE STEVE MARTELL WELL DRILLING S&N LAND SURVEYING,INC.
Lu w 8 CREATION OF A SEPARATE OUTLOT 1 AND 533 ST.RD.35164 SOMERSET,WI. 2920 ENLOE STREET
Lu J LOT 6 WAS COMPLETED TO ESTABLISH HUDSON,WI 54016
THE LEGAL LIMITS OF THE EXSITING
ui 0: COMMERCIAL DISTRICT THAT WAS
w m APPROVED ON NOVEMBER 12,1985-ST. N1/4 COR.SEC.4
a � CROIX COUNTY ORDINANCE NO.132(85).
ZONING DISTRICTS
10 z LOT 5-AG-RESIDENTIAL
LOT 8-COMMERICAL
OUTLOT 1-AG-RESIDENTIAL
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(342,165 SQ.FT.) (407,170 SQ.FT.)
1`d 1 (6.0 ACRES C.B.A.) 0%:t SLO S 1"
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LEGEND N89 006'11"W 1052.94'
(N89.10'40"W 1054.01')
FOUND 1"BERNTSEN SURVEY MARKER v–w–pLr�1TEQ L'&NQ8 arm
FOUND 2"OUTSIDE DIAMETER IRON PIPE
FOUND 1"OUTSIDE DIAMETER IRON PIPE '
® FOUND 3/4"REBAR
O SET 1.OUTSIDE DIAMETER BY 18"LONG
IRON PIPE,WEIGHING 1.13 LBS.PER LINEAR
FOOT $114 COR,SEC.4
41 SEPTIC VENT
( ) RECORDED AS
SCALE: 1'– 200'
in DRAFTED BY:WES ANDERSON PROJECT# demo
0 200 400 SHEET 1 OF 2 SHEETS 6426-01 DATE:5119104 REVISED:11/10/04
Vol 19 Page 4881 4=0
Parcel #: 032-2013-90-000 12/29/2010 03:35 PM
PAGE 1 OF 1
Alt. Parcel M 04.30.19.522A1 032-TOWN OF SOMERSET
Current ❑ ST. CROIX COUNTY,WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
11/15/2004 10/11/2010 00 4
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
O-MARTELL, RETIRED
RETIRED MARTELL
Districts: SC=School SP= Special Property Address(es): '=Primary
Type Dist# Description
SC 5432 SCH DIST OF SOMERSET
SP 1700 WITC
I
Legal Description: Acres: 20.000 Plat: N/A-NOT AVAILABLE
SEC 4 T30N R19W PT NE NW FRLY SLY OF HWY Block/Condo Bldg:
EXCEPT C.S.M. 7/2078(NKA CSM 19-4881)
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
04-30N-19W
Notes: Parcel History:
MADE NON-CURRENT 2010 FOR 2011 Date Doc# Vol/Page Type
07/23/1997 851/613 TI
2010 SUMMARY Bill M Fair Market Value: Assessed with:
0
Valuations: Last Changed: 04/14/2005
Description Class Acres Land Improve Total State Reason
Totals for 2010:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Totals for 2009:
General Property 0.000 0 0 0
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
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
I p p 11 p p p p 11 ST. CROIX COUNTY GOVERNMENT CENTER
lima'�, 1101 Carmichael Road
Hudson, WI 54016-7710
` - (715) 386-4680
September 24, 1999 File Ref: 36-99
Ken Franzen
American Tower Corp.
1101 Perimeter Drive, Suite 225
Schaumburg, IL 60173
Re: Board of Adjustment Decision
Dear Mr. Franzen:
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
dz
Enclosure
cc: Jeri Koester, Clerk- Town of Somerset
Lilly Martell
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 36-99
Complete Application Received: July 22, 1999
Hearing Notice Publication: Weeks of August 9 and 16, 1999
Hearing Date: August 26, 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 applicant is Ken Franzen for American Tower Corp., 1101 Perimeter Drive,
Schaumburg, Illinois 60173.
2. The applicant on July 22, 1999, filed with the Zoning Office an application for a special
exception for a wireless communication tower in a Commercial District.
3. The property is owned by Lilly Martell and is located in the NE % of the NW '/4 of Section
4, T30N, R19W, Town of Somerset, 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 17.85((1) of the Zoning Code
Regulating Wireless Communication Facilities.
5. Jeff Nelson, wireless communications tower consultant for St. Croix County, has found
that this application meets all the requirements of the Ordinance and recommends
approval of the application.
6. The Board of Adjustment found that the proposed location of the tower complies with all
setback and ordinance standards.
7. The Town of Somerset recommends approval of the project.
8. The Board found that this special exception application conforms with the requirements of
Section 17.85(1)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.
r
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 in a
Commercial District and has been approved based on the following findings:
1. The Town of Somerset recommends approval of the application
2. Request meets the provisions of the St. Croix County Telecommunications Ordinance
#440(97).
3. The request meets the spirit and intent of the zoning ordinance.
4. Jeff Nelson, telecommunications tower expert, recommends approval of the application.
5. The proposed tower is more structurally sound than the current tower and will provide
better service to users, and allow other uses to co-locate.
6. The tower will be compatible with surrounding land uses.
With the following conditions:
1. A 199' tower to be constructed according to the plans submitted. Applicant to follow all
written stipulations noted in their application.
2. The Zoning Office is to be notified at the start and the finish of the project.
3. The applicant/agent will remove the existing tower within 30 days of the erection of the
replacement tower.
4. Project to meet all requirements of the Wireless Communications Facilities Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate.
7. The color of the tower is to be according to the zoning ordinance (natural steel was
agreed to at the hearing).
8. The applicant must secure a township building permit prior to starting construction.
9. Any change (or addition) in use or expansion of the project shall require review and
approval by the Zoning Director and in some circumstances, through the Special
exception approval process where applicable, as stated in the ordinance.
10. 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
11. Applicant to obtain a State approved building permit. This approved permit to be
submitted to the Zoning office before commencing tower construction.
The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
On the following vote:
N. Golz Yes
D. King Yes
B. Wert Yes
R. Peterson Yes
Chairperson Speer Yes
F
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 -1 96Y
�. aiioer66n
Attest
Zoning Director
Dated: 09/2799
Filed: 09/27/99
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
August 26, 1999
(This meeting was not recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll 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 and
Debbie Zimmermann, Administrative Secretary.
Motion by King, second by Peterson to adopt the agenda. Motion carried.
Motion by King, second by Golz to approve the July minutes. Motion carried.
The Board set the next meeting date as September 23, 1999. The starting time will be
8:30 a.m.
CORPORATION COUNSEL REPORT/UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available today if needed.
OLD BUSINESS
Fisher informed the Board that they need to look at a revision on the decision made in
the Stanley Pond/Carpenter Nature Center file. Condition number 2 should be changed
so that it relates to the lot being created and not necessarily being developed in a one
year time frame. As it reads right now, the lot would need to be developed in one year,
and Fisher believes that is not a reasonable condition. Fisher proposed that condition 2
read as follows:
2. The applicant shall have one (1)year from the issuance of the Special Exception
permit to create the proposed lot. Failure to create the-proposed lot in this timeframe
shall result in the expiration of this Special Exception permit. (This is consistent with
Section 17.36(7)(b)5. of the Zoning Ordinance). Any future development of the lot
must be in compliance with the ordinance in affect at the time the permit is
requested.
Motion by Golz, second by King to approve changes to condition 2. Motion carried.
I
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 read into the record by Steve Fisher as
follows:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
August 26, 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: Special Exception request expand and existing business in the
commercial district pursuant to Section 17.18. Request is for a
showroom and office space for Rivard Stone, Inc.
APPELLANT: Michael L. Rivard
LOCATION: Location: The SW %of the SW %of Section 7, T30N-R1 9W, Town
of Somerset.
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.
APPELLANT: Dale and Lauren Croone
LOCATION: Location: The NE % of the NE %, Section 8, T30N-R19W,Town of
Somerset.
3. ARTICLE: Special Exception request for a Telecommunications Tower in a
commercial district pursuant to Section 17.85(1). Request is to
replace an existing tower.
APPELLANT: Lilly A. Martell/Ken Franzen for American Tower Corp.
LOCATION: Location: The NE %of the NW %of Section 4, T30N-R19W, Town
of Somerset.
4. ARTICLE: Special Exception request for filling and grading in a Shoreland
District pursuant to Section 17.29(2)( c) (3). Request is to construct
a stormwater pond in the Prairie Creek subdivision
APEELANT: Ken and Pat Nygaard/Auth Colson and Associates
LOCATION: Location: The NW%of the NE %of Section 25, T29N-R1 7W,
Town of Hammond
5. ARTICLE: Special Exception request Non-Metallic Mining and Reclamation
pursuant to Section 226(89).
APPELLANT: Gerald Cormican
LOCATION: Location: The NW 1//4 of the SW%of Section 1, T31N-R15W,
Town of Forest
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.
Julie Speer, Chairperson
St. Croix County Board of Adjustment
Michael Rivard
Staff explained that this application is a request to expand a commercial business
known as Rivard Stone Incorporated, on an existing commercial site. Staff went over
the staff report with the Board. The town of Somerset has recommended approval of
the application.
The following exhibits were introduced:
2
Exhibit 1: Staff report
Exhibit 2: Application and attachments
Exhibit 3: State approval letter listing conditions.
Exhibit 4: Copy of State approved plans
Exhibit 5: Letter from the Town of Somerset stating approval of application
Exhibit 6: Copy of 12/15/97 decision allowing an extension for special exception
request dated 12/2/96.
Exhibit 7: Copy of original decision for special exception permit dated 12/6/96.
Michael Rivard, owner of the business, stated that he plans to expand the commercial
business. The septic system is adequate for this expansion and the zoning office is in
agreement with that statement. The building meets all setback requirements. Rivard
stated that if this extension is granted, they would like to start building by September
16"'. All of the areas around his business are commercial.
The Board had a question about paving around the building. Rivard stated that the front
of the building will be paved. Fisher stated that in his previous permit in 1996, one of the
conditions was to have the driveway paved. Rivard answered that the new highway will
be coming through there and part of the driveway will have to be tom out. He would like
to wait until it is determined how much of the driveway will be left before he does the
paving. The Board will view the site and then make a decision on this issue.
Dale and Lauren Croone
Eslinger explained that his request is for a special exception for a temporary occupancy
permit in the Town of Somerset. He further explained that the staff is looking into
changing the ordinance so that this type of permit may be allowed as a land use permit
and would be issued administratively through the Zoning Department.
Eslinger stated that staff has conducted an on-site visit and the mobile home is located
on the property. The sanitary permit has been secured and will be connected. The
permit is for a four bedroom structure. The applicant will need to obtain a reconnect
permit for the sanitary system after the home is constructed . The Town of Somerset
has approved the application.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2 Special exception application and attachments
Exhibit 3: Copy of site plan
Exhibit 4: Copy of sanitary permit
Exhibit 5: Letter from the Town of Somerset approving the application
Lauren Croone, being duly sworn, states that she is the owner of the property. She has
reviewed the staff report and has not problem with any of the suggested conditions. The
house is being built and they plan to live in a temporary mobile home until completed.
They have someone that will be moving the mobile home off of the property after the
new home is constructed. Croone stated that the septic system will be installed soon,
and the well is in the process of being put in.
The
Board will visit the site.
3
Lily Martell/American Tower Corp.
Eslinger explained to the Board that this application is for a telecommunications tower in
the Town of Somerset. The tower will be replacing an existing tower on a commercial
site. The existing tower is 180 feet, and the proposed tower would be 199 feet. The
proposed tower would be located about 20 feet from the existing tower. The agent has
agreed that the existing tower would be torn down within 30 days of the new tower being
constructed.
Eslinger went over the staff report with the Board. He stated that we have a letter from
Jeff Nelson, telecommunications tower expert, stating that he supports the location for
the proposed tower. The natural steel color is recommended. Landscaping will be done
according to the requirements of the ordinance. There is a place for parking if needed.
The present access will be used off of Highway 35/64, and the nearest residence is
located more than 500 feet from the tower site.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Special exception application and attachments
Exhibit 3: Copy of site plan showing setbacks
Exhibit 4: Letter from the Town of Somerset stating approval of the application
Exhibit 5: Letter to Zoning Director from American Tower Corp. outlining proposed
tower.
Exhibit 6: Letter from Terra Resources, Ltd. Explaining the difference between a
monopole antenna tower and a guyed tower.
Exhibit 7: Letter from American Tower Corp. stating that the existing tower will be
taken down within 30 days of the completion of the proposed tower.
Exhibit 8: Letter from Jeff Nelson stating approval of the proposed tower
Rick Adams, being duly sworn, stated that he is representing American Tower
Corporation. Adams explained to the Board that they did site tests in the area and this
proved to be a good location for a new tower. He showed the Board a map of the tests
that were done. There is an existing tower, but it is not tall enough to accommodate the
needs of the users, and the new tower would allow for carriers, which the old tower does
not have that capability. They are asking for 30 days to get the existing tower down, as
the weather needs to be good to do this.
Exhibit 9: Map of the area that simulation/site tests were done.
Adams stated that the proposed tower meets DILHR requirements. It does not need to
be reviewed by the state, as it is under 200 feet in height. The company will be leasing
land from the property owner. American Tower Corp. has a master lease agreement
with APT (Aerial).
The Board will visit the site.
Ken and Pat Nygaard
This is an after-the-fact special exception application for filling and grading in a
Shoreland District. The applicant is requesting a permit to discharge stormwater from an
urban subdivision located within the Village of Baldwin to a dry run in the Rush River.
4
circumstances through the Special Exception approval process, where
applicable.
The following vote was taken to approve: Peterson, yes; Golz, yes; King, yes; Wert,
yes; Chairperson Speer, yes. Motion carried.
Dale and Lauren Croone
Motion by Golz, second by Peterson to approve application for a special exception
permit for a temporary occupancy based on the following findings:
1. Request meets the spirit and intent of the zoning ordinance.
2. Town of Somerset has approved this application.
With the following conditions:
1. The temporary occupancy permit is valid for a period of one-year from the date of
its approval by the Board of Adjustment. The mobile home must be moved off of
the property at the end of this one-year period. That one-year period will end on
August 26, 2000.
2. Applicant to secure all required permits, including building and septic permits for
the new residence. A septic system reconnection permit must be obtained for the
new home.
3. The well and septic system must be installed before the owner occupies the
mobile home.
4. Special exception permit will be temporary in nature and shall not be transferable
from person to person.
5. Any minor change to the above conditions shall be approved by the Zoning
Director.
6. Any major change to the above conditions shall require a new public hearing.
7. Special exception permits may be terminated under Section 17.70(7)(d)of the St.
Croix County Zoning Ordinance if the conditions of the decision are not met.
8. The county shall record an affidavit with the above conditions as a deed
restriction on the property deed.
The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Lilly Martell/American Tower Corporation
Motion by Wert, second by King to approve special exception application for a
telecommunications tower in a commercial district based on the following findings:
1. The Town of Somerset recommends approval of the application
2. Request meets the provisions of the St. Croix County Telecommunications
Ordinance#440.
3. The request meets the spirit and intent of the zoning ordinance.
4. Jeff Nelson, telecommunications tower expert, recommends approval of the
application.
5. The proposed tower is more structurally sound than the current tower and will
provide better service to users, and allow other uses to co-locate.
6. The tower will be compatible with surrounding land uses.
8
With the following conditions:
1. A 199' tower to be constructed according to the plans submitted. Applicant to
follow all written stipulations noted in their application.
2. The Zoning Office is to be notified at the start and the finish of the project.
3. The applicant/agent will remove the existing tower within 30 days of the erection
of the replacement tower.
4. Project to meet all requirements of the Wireless Communications Facilities
Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate.
7. The color of the tower is to be according to the zoning ordinance (natural steel
was agreed to at the hearing).
8. The applicant must secure a township building permit prior to starting
construction.
9. Any change (or addition) in use or expansion of the project shall require review
and approval by the Zoning Director and in some circumstances, through the
Special exception approval process where applicable, as stated in the ordinance.
10. 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
11. Applicant to obtain a State approved building permit. This approved permit to be
submitted to the Zoning office before commencing tower construction.
The following vote was taken to approve: Golz, yes; King, yes; Wert, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Ken and Pat Nygaard
Motion by Peterson, second by Golz to approve special exception application for an
after-the-fact permit for filling and grading in a Shoreland District based on the following
findings:
1. This is an after-the-fact permit. The Board does not condone this practice, but
the design meets county and DNR standards.
2. The plans for the project have been approved by Land and Water Conservation
department .
3. All necessary DNR permits have been obtained.
4. All setbacks and ordinance requirements are being met.
5. The spirit and intent of the ordinance will be met.
6. Plans have been designed and stamped by a professional engineer.
7. The Town of Hammond has recommended approval of the application.
With the following conditions:
1. The applicant shall follow the engineer's plans submitted with the proposal.
2. The property owner and contractor are personally responsible for installation and
on-going maintenance of all erosion control practices/devices.
3. Supply the Zoning Office with the name of company and contact person who is
responsible for the erosion control measures and notify zoning staff once erosion
control is installed.
9