HomeMy WebLinkAbout026-1045-80-000(3) ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
��...a�•� ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680• Fax (715) 386-4686
April 26,2005 File Ref: 12-99
Mark Fagerland
Vice President
Prism Plastics,Inc.
1544 Highway 65
New Richmond, WI 54017
Re: St.Croix County Special Exception Permit,Parcel#026-1045-80-000,Town of Richmond
Dear Mr. Fagerland:
This letter confirms administrative zoning approval for the proposed 1500 square foot addition on the site of
Prism Plastics as depicted in the plans submitted to the St. Croix County Planning and Zoning Department
on April 15,2005. In reviewing the plans, staff has determined that the proposed addition is minor and will
meet the spirit and intent of the ordinance based on the following findings of fact:
1. The site is zoned Commercial.
2. Prism Plastics received a special exception permit from the St. Croix County Board of
Adjustment on May 27, 1999 to operate its business on the site.
3. Prism Plastics received administrative zoning approval for a 7400 square foot warehouse
addition on the site on October 3, 2001.
4. The proposed 1500 square foot addition is a minor expansion on an existing paved parking area
and will not result in any additional hard surface on the site.
5. Storm water runoff will be adequately retained and treated on site.
6. The addition will be used for the storage of auxiliary equipment and materials and will not result
in the need for additional employees or for additional sewage treatment capacity.
This approval is subject to the following conditions:
1. Approval is for the proposed 1500 square foot building addition only and does not include the
addition of employees,outdoor lighting,signage, and/or other impervious coverage.
2. You are responsible to obtain a building permit from the Town of Richmond, as well as any other
necessary local, state, or federal approvals and/or permits prior to beginning construction.
Construction must commence within one year of this approval.
3. As stated in the special exception permit, the property must remain in a neat and orderly manner,
with no outside storage of materials. Any solid or hazardous waste must be disposed of properly.
Please feel free to contact me with any questions or concerns.
Sincerely,
Jenny hillcox
Zoning Specialist
cc: Warren Bader,Town of Richmond
Robert Bezek, St. Croix County Code Administrator
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SAROIX COUNTY
WISCONSIN
ZONING OFFICE
NNNN• --
Norm ST. CROIX COUNTY GOVERNMENT CENTER
- -- 1101 Carmichael Road
Hudson,WI 54016-7710
= (715) 386-4680 Fax (715)386-4686
November 1, 2000 File Ref: 12-99
Mark Fagerland
Prism Plastics, Inc.
1544 Highway 65
New Richmond, WI 54017
Re: Board of Adjustment Decision
Dear Mr. Fagerland:
The St. Croix County Board of Adjustment has reviewed your request to reconsider
conditions #1 and #4 of your previously permitted special exception approval on May 27,
1999 and has approved this request. The enclosed document is the formal amendment. I
have attached the amendment to a copy of the previous permit dated 07/08/99.
Should you have any questions or concerns, please do not hesitate in contacting me.
:eve cerely,
isher
Zoning Director
dz
Enclosure
cc: Janice Ball, Clerk—Town of Richmond
0
FINDINGS, CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
Case: 12-99
Complete Application Received: April 22, 1999
Hearing Notice Publication: Weeks of May 10 and 17, 1999
Hearing Date: May 27, 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 Paul E. Kom, Prism Plastics, Inc., whose address is 802 Second
St., Hudson, WI 54016.
2. The applicant filed with the Zoning Office an application for a special exception
request for a Commercial Use to conduct a plastics business in an existing
structure in a Commercial District.
3. The property is owned by Michael T. Hudalla and is located in Lot 1 of the NE 114 of
the SE '/ of Section 15, T30N-R18W, Town of Richmond, St. Croix County,
Wisconsin.
4. The Special Exception request is for a permit for A Commercial Use in a
Commercial District pursuant to Section 17.18(1). Special exceptions are required
for any commercial use.
5. The Town of Richmond supports this application.
6. The business would be very similar to the plastics business now there, Isometric
Tool and Design, Inc., and very little change would be needed.
7. The Board found that the applicant has worked with all appropriate agencies to
secure proper permits for the proposed project.
8. The Board of Adjustment found that this special exception application conforms
with the requirements for granting a special exception under Section'!7.18(l).
9. The Board of Adjustment found that the spirit and intent of the ordinance will be
met by granting this special exception permit.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board approved the applicant's request for a special exception permit for a
Commercial Use in a Commercial District and has been approved based on the following
findings:
1. Complies with the St. Croix County Zoning Ordinance.
2. Meets the spirit and intent of the commercial zoning ordinance.
3. Plan is compatible with surrounding land uses.
With the following conditions:
1. This permit is issued to Michael Hudalla (owner)/ Paul Kom (Authorized Agent).
Any change or expansion in the business will require a new special exception.
2. No outside storage of materials.
3. No hazardous materials storage.
4. Signage to be limited to the one (1) existing on-site sign, the sign area not to
increase without application for a new special exception.
5. The applicant shall have one (1)year from the issuance of the Special Exception
permit to occupy the building. Failure to start the business 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:
D. King Yes
R. Peterson 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(10), 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
2
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:
Chi rson
Attest
o '
Dated: 07/08/99
Filed: 07/08/99
3
AMENDMENT TO ORIGINAL DECISION
DATED 07/08/99
PRISM PLASTICS INC
On September 28, 2000, the Board of Adjustment voted to approve the request of Prism
Plastic, Inc. to reconsider conditions#1 and #4 of the previously permitted special
exception approval of May 27, 1999.
A motion was made by Peterson, second by King to reconsider changes to condition #1
and #4 on the previous special exception permit for Prism Plastics based on the finding
that it is a reasonable request and is consistent with conditions of similar commercial
businesses in St. Croix County.
The conditions will now read as follows:
Condition #1: Any minor change (or addition) in expansion of the project, including
building, signage, shall require review and approval by the Zoning Director. Any major
change and/or addition to the originally approved plan will go through the Special
Exception approval process, where applicable, as stated in the ordinance.
Condition #4: The total signage on the property shall be limited to 100-square feet. The
applicant shall submit a sign plan for staffs review to ensure compliance with the
provisions of the Zoning Ordinance.
A vote was taken to approve: Rose, yes; Golz, yes; King, yes; Peterson, yes; Chairperson
Speer, yes. Motion carried.
All other conditions will remain as stated on the original Decision dated 07/08/99.
Dated: 11/01/00 ZONING BOARD OF ADJUSTMENT
Filed: 11/01/00
Signe
tChairp son
Attest:
oning Director
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
Case: 12-99
Complete Application Received: April 22, 1999
Hearing Notice Publication: Weeks of May 10 and 17, 1999
Hearing Date: May 27, 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 Paul E. Kom, Prism Plastics, Inc., whose address is 802 Second
St., Hudson, WI 54016.
2. The applicant filed with the Zoning Office an application for a special exception
request for a Commercial Use to conduct a plastics business in an existing
structure in a Commercial District.
3. The property is owned by Michael T. Hudalla and is located in Lot 1 of the NE '/ of
the SE '/4 of Section 15, T30N-R18W, Town of Richmond, St. Croix County,
Wisconsin.
4. The Special Exception request is for a permit for A Commercial Use in a
Commercial District pursuant to Section 17.18(1). Special exceptions are required
for any commercial use.
5. The Town of Richmond supports this application.
6. The business would be very similar to the plastics business now there, Isometric
Tool and Design, Inc., and very little change would be needed.
7. The Board found that the applicant has worked with all appropriate agencies to
secure proper permits for the proposed project.
8. The Board of Adjustment found that this special exception application conforms
with the requirements for granting a special exception under Section17.18(1).
9. The Board of Adjustment found that the spirit and intent of the ordinance will be
met by granting this special exception permit.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,
the Board approved the applicant's request for a special exception permit for a
Commercial Use in a Commercial District and has been approved based on the following
findings:
1. Complies with the St. Croix County Zoning Ordinance.
2. Meets the spirit and intent of the commercial zoning ordinance.
3. Plan is compatible with surrounding land uses.
With the following conditions:
1. This permit is issued to Michael Hudalla (owner)/ Paul Korn (Authorized Agent).
Any change or expansion in the business will require a new special exception.
2. No outside storage of materials.
3. No hazardous materials storage.
4. Signage to be limited to the one (1) existing on-site sign, the sign area not to
increase without application for a new special exception.
5. The applicant shall have one (1) year from the issuance of the Special Exception
permit to occupy the building. Failure to start the business 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:
D. King Yes
R. Peterson 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 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
2
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:
ti rson
Attest
Dated: 07/08/99
Filed: 07/08/99
3
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
a r r r r r r p ST. CROIX COUNTY GOVERNMENT CENTER
__■oun, 1101 Carmichael Road
'"•" Hudson, WI 54016-7710
- _ (715) 386-4680
July 6, 1999 File Ref: 12-99
Paul E. Korn
802 Second Street
Hudson, WI 54016
Re: Board of Adjustment Decision
Dear Mr. Korn:
The St. Croix County Board of Adjustment has reviewed your request for a special
exception for a Commercial Use and has approved this 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: Janice Ball, Clerk—Town of Richmond
Michael T. Hudalla
i
BOARD OF ADJUSTMENTS G INUTES
September 28, 2000
(This meeting was 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 Tom Rose were present.
Chairperson Speer believes this to be a properly noticed meeting.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant
Motion was made by Golz, second by King to adopt the agenda, with Article#3 being
moved to the last article to be heard today. Motion carried.
The Board set the next meeting date as October 26, 2000. The starting time will be 8:30
a.m. The meeting will be held in the County Board Room at the Government Center.
The Board discussed the meeting schedule for November and December. Staff
informed them that, due to the upcoming holiday, we will need to look at changing the
dates for these two months. The Board set November 16th and December 21't as
meeting dates for the Board of Adjustments.
Motion by Peterson, second by Rose to approve minutes from the August meeting. All
in favor. Motion carried.
Fisher informed the Board that there is an upcoming seminar for this Board that will be
held in Eau Claire on November 2"d. He believes it would be beneficial for everyone to
attend this seminar. The Board agreed. Staff will make arrangements for everyone and
will discuss details at the meeting in October.
ORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION
Corporation Counsel will be available if needed.
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 as follows:
PUBLIC HEARING NOTE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
September 28, 2000 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 to locate a relay station for a Fiber
Optics facility in the Ag/Residential District pursuant to Section
17.15(6)(1). Request is by Williams Communications Fiber to
construct a building to house related equipment associated with
the relay station.
APPELLANT: Doris and Robert Garbe/ Agent: Williams Communications Fiber
LOCATION: The NW '/4 of the SW %, Section 1, T28N-R18W,
Town of Kinnickinnic.
ADDRESS: Off of 1-94 and Highland Drive, Roberts, Wisconsin
2. ARTICLE: Special Exception request for a Telecommunications Tower in the
Agricultural District. Request is to construct a 185-foot monopole
telecommunications tower pursuant to Section 17.85(2).
APELLANT: APT Minneapolis, Inc./ Owner: William and Opal
Haase
LOCATION: Located in the SW % of the SW %, Section 5,T31 N-R1 9W, Town
of Somerset
ADDRESS: 324 230th Avenue, Somerset, Wisconsin.
3. ARTICLE: Special Exception request for rock riprapping for shoreline
protection pursuant to Section 17.36(6)(a)(3). Request is to rip rap
the shoreline between four landowners in the Lower St. Croix River
Valley District to repair and stabilize the shoreline damage.
APPELLANT: Tom and Claudia Rose, Jackson Cussons, Ken Tilsen, Gary and
Sandra Griswold
LOCATION: Located in Lots 20, 21, 22 and 23, all in Government Lot 1, Section
24, T28N-R20W, and Lot 5, Government Lot 4, Section 13, T28N-
R20W, all in the Town of Troy
ADDRESS: Located on Cove Road, Hudson,Wisconsin
4. ARTICLE: Request is to Reconsider conditions #1 and #4 of previously
permitted special exception approval on May 27, 1999.
APPELLANT: Prism Plastics, Inc.
LOCATION: Lot 1 of the NE %of the SE %of Section 15, T30N-R1 8W, Town of
Richmond
ADDRESS: 1544 Highway 65, New Richmond,Wisconsin
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
Article One: Williams Communications
Eslinger explained that this request is to locate a fiber optic regeneration substation and
related equipment along 1-94 and Highland Drive in the Town of Kinnickinnic. This site is
needed to boost the signal along the 1-94 route. The site consists of approximately 3
acres in the Ag/Residential district.
Eslinger went over the staff report. There will be four phases to this development. Each
phase will consist of a concrete pad with a 12'x30'x9' concrete building located on it. The
building will house electrical switching equipment. The site will be fenced and landscaped
according to the ordinance. There will be a light with a motion sensor at the front of the
building. Due to the location of the buildings, the topography, and the screening, the
buildings will be out of site of any future development that takes place in the area. The
Town of Kinnickinnic supports the request.
The following exhibits were introduced:
Exhibit 1: Staff report with attachments
Exhibit 2: Copy of application and attachments
Exhibit 3: Copy of site plan and building plans
Exhibit 4: Copy of zoning map
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• •
Exhibit 5: Landscaping plan
Debra Sittner, being duly swom, is the agent for Trigon/Sheehan, representing Williams
Communications. She stated that Eslinger explained things very well. It is possible that
they may not need all 4 phases, but would like to have them approved in case they are
necessary.
The Board will visit the site.
Article Two: APT Minneapolis. Inc./Haase
Fisher explained to the Board that this application is for a 185' monopole
telecommunications tower in the Town of Somerset. The proposed location is just outside
of the Lower St. Croix Riverway District. The applicant submitted the request over 6
months ago, and has looked at other sites and options for the tower, but believe this to be
the most desirable location for coverage.
The following exhibits were introduced:
1) Copy of topographic map showing tower site and copy of zoning map;
2) Correspondence from applicant's attorney explaining request with attached site
plan and engineer report;
3) Letter from the Minnesota Historical Society requesting more information on the
request;
4) Letter from the National Park Service stating their position on the request;
5) Letter from the FCC stating their preliminary position;
6) Petition signed by neighbors of the Haase property stating their objection to the
proposed tower;
7) Correspondence from the City of Marine on St. Croix with attached Resolution
objecting to the proposed tower.
8) Correspondence from tower consultant, Jeff Nelson, stating his opinion on the
proposed tower, correspondence from neighbors stating objections, and article
from the St. Paul Pioneer Press newspaper.
Fisher went on to explain that the Minnesota Historical Society and the City of Marine on
St. Croix have expressed their objection to the proposed tower. The Marine on St. Croix
has also sent a formal resolution objecting to the tower. Fisher read excerpts from the
correspondence sent by Jeff Nelson, tower consultant, stating his concerns with the
proposed site. Fisher added that he believes the Board needs to highly consider the
opinion of the tower consultant that the County has hired. Mr. Nelson has been involved
with this request from the very beginning. Fisher told the Board that the Town of Somerset
does support the proposed tower.
Gregory Korstad, being duly swom, is the attorney representing APT Minneapolis, Inc. He
explained that APT is owned by VoiceStream and they provide wireless communications
service for the Twin Cities and surrounding areas. They are licensed through the FCC.
They are asking the Board to approve this request for a 185' monopole tower in the Ag
District. There is a gap in service in the St. Croix area, which includes Highway 35,
northern Somerset, the St. Croix River Valley and Highway 95 in Minnesota. Korstad
believes that the residents of St. Croix County are interested in this coverage. It is hard to
find an area to place the tower, as the terrain and the river make it difficult. Either one tall
tower is needed or several small towers. The site chosen would allow for a tower that will
not be high enough to interfere with planes, therefore, a light at the top would not be
required. He explained that APT met with several agencies, including the National Park
Service, the Marine on St. ' Croix, and the Minnesota- Wisconsin Boundary Area
Commission to discuss alternatives. These alternatives were looked into, but APT still
3
believes
that this proposed site is
the best lace for the tower, and would be the least
p po P
intrusive. He further stated that no matter where it is located, someone would be able to
see it. Korstad went on to explain how a site search is conducted. APT also looked into
putting a tower on the Minnesota side of the river, but could not find a suitable area to be
able to cover what is needed in Wisconsin, as well as Minnesota. The Wisconsin location
is more conducive to both sides.
Brandon Johnson, being duly sworn, is a radio frequency engineer working with APT. He
reiterated that they have tried to find an area on the Minnesota side, but were not
successful. They also looked for places to co-locate, as that is always the first choice, but
were not able to find anywhere to do that, as well.
Dan Menzer, being duly sworn, is the person responsible for making sure that towers
comply with Federal laws. The FCC does not usually get involved in site-by-site cases.
They have given Voicestream/ APT a permit for this area to construct towers. There is a
National Environmental Policy Act that the FCC must adhere to and make sure that their
actions do not impact the environment. If there is a problem with this, a filing would be
necessary to see if this tower will affect the environment. So far, Menzer has not heard
that their will be an impact on the environment. As far as the issues with the Historical
Society are concerned, Menzer believes that a "no adverse affect" decision will be issued
in that case. He does not see that there should be a problem, as the tower is not easily
seen from the Minnesota side of the river.
Bill and Opal Haase, being duly sworn, state that they are the owners of the property
where the proposed tower would be located. They believe that this tower is needed, as
there is no coverage in this area for cell phones. They operate a very large farm and
would like to use cell phones to communicate with one another, but with no coverage, that
is not possible. Most of their neighbors, and many people in the community are in favor of
this tower, as they want coverage, as well. They entered a petition, labeled Exhibit 9,
signed by numerous people in the area, stating their support for this tower. Opal Haase
stated that they are not in the Riverway District, so they believe the tower should be
allowed. They do not think that Minnesota should have any input on this request, as the
people on the Wisconsin side have to look at several towers on the Minnesota side, and
they do not believe that is right.
Ed Schachner, being duly sworn, is the Chairman for the Town of Somerset. He stated
that the Town supports this tower and believe the site chosen is the best location for the
tower. APT has been to the Town and has explained their position on this, and the Town
agrees that one tower would be better than several small towers.
Charles Ledderer, being duly sworn, is a neighbor to this property. He supports the
location of the tower, and believes it is the best location. He further stated that the Haase
family are wonderful stewards of the land and are farming this land and not developing it.
Everyone in the area needs this service, and there is tremendous support for this tower.
He added that there will be complaints, no matter where the tower is located. Ledderer
agrees that this should be constructed to serve Wisconsin residents, and that Minnesota
should not have a say in the process.
Jason Haase, being duly sworn, is the son of Mr. and Mrs. Haase. He farms with his
parents, and agrees that this is the best site for the tower. It is important for them to be
able to use cell phones on their farm.
Matt Haase, being duly sworn, is also a son that works on the farm. He agrees that this is
the least obtrusive site. An alternative tower may need lights, and would be more visible.
4
Paul Roelandt, being duly sworn, is representing the National Parks Service. He has been
involved with this request since the beginning. He would like to see the two states work
together on finding the best location for the tower, and believes there are alternative areas
to be looked at. He introduced material to the Board that included results of a crane test
and some maps of the proposed site. This material was labeled as Exhibit 10. The
National Parks Service is willing to work with APT on finding the best site for this tower.
Roelandt introduced information on satellite phones that are now available, and stated this
may be an alternative. This was labeled as Exhibit 11.
Roelandt stated that there is a group of people working with the Minnesota/Wisconsin
Boundary Area Commission on issues related to protecting the Riverway view that would
benefit both sides of the river.
Nancy Nelson, being duly sworn, is a resident on DeLong Road, near the Haase property,
and is opposed to the tower being constructed in this location.
Jack Warren, being duly sworn, is from the City of Marine on St. Croix. The city is
concerned with the visual impact this tower would have, and their city is in the Historic
District on the St. Croix. He entered photographs of the crane test as Exhibit 12, and
shared the photographs with the Board. Warren agrees that it is important for Minnesota
and Wisconsin to work together on regulations where the Riverway is concerned.
Warren entered an article from the New York Times as Exhibit 13.
The Board recessed at 11:00 a.m. and reconvened at 11:15 a.m.
Glen Mills, being duly sworn, is the Mayor of Marine on St. Croix. He stated that he is
willing to work with all parties involved to remedy this situation.
Rosemary Pontuti, being duly sworn, lives on DeLong Road. She is opposed to the tower
and would like to have alternatives looked at. She is concerned about the environment in
this area, including the wildlife and health issues that may be involved.
Greg Korstad, being previously sworn, entered information from Patchin Messner
Appraisal, Inc., as Exhibit 14. The information states that property values are not
adversely affected by a tower being located in the area. He went over the criteria for a
special exception permit for a tower in the Ag District. He believes the County does not
have an option but to approve of this tower if it meets all of the criteria set forth in the
ordinance. They have addressed all issues that have been brought up. Korstad further
stated that everyone seems to believe there are alternative sites, but so far, no one has
been able to find a better site for the tower. The proposed site is located outside of the
Riverway District, and the Board needs to be aware of that when making their decision.
The Board will visit the site.
Article#4: Prism Plastics
Eslinger explained that this is a request to reconsider conditions#1 and #4 of a previously
permitted special exception approved on May 27, 1999. This is for an existing commercial
business. The owner would like to expand the business to include more cold storage, and
would like to allow for signage to be upgraded to 100 square feet of total signage on the
property.
The current conditions #1 and #4 are not consistent with what is allowed in recent
decisions, and staff believes this to be a reasonable request. This is a minor change to
5
the decision, and the signage request is according to what is allowed in the ordinance.
Eslinger went over the staff report and the new language being proposed.
Mark Fagerland, being duly swom, is a partner in Prism Plastics and stated that he agreed
with the information given the Board by Eslinger.
A motion was made by Peterson, second by King to reconsider changes to condition #1
and #4 on the previous special exception permit for Prism Plastics based on the finding
that it is a reasonable request and is consistent with conditions of similar commercial
businesses in St. Croix County.
The conditions will now read as follows:
Condition–ft—Any minor change (or addition) in expansion of the project, including
building, signage, shall require review and approval by the Zoning Director. Any major
change and/or addition to the originally approved plan will go through the Special
Exception approval process, where applicable, as stated in the ordinance.
Condition #4: The total signage on the property shall be limited to 100-square feet. The
applicant shall submit a sign plan for staffs review to ensure compliance with the
provisions of the Zoning Ordinance.
A vote was taken to approve: Rose, yes; Golz, yes; King, yes; Peterson, yes; Chairperson
Speer, yes. Motion carried.
Article #3 Tom and Claudia Rose, Jackson Cussons Ken Tilsen Gary & Sandra
Griswold
Tom Rose excused himself from this article.
Eslinger explained that this request is for a rip rap project in the Lower St. Croix Riverway
District. Site one would include the Rose, Cussons and Tilsen property. They are asking
to install 300 linear feet of rip rap for shoreline protection. This past spring a slope failure
occurred on the Rose property where the soils separated and a landslide occurred on the
bluff face. The applicants have worked with a licensed engineer on the plans for the
project.
Site two was on a previous Board of Adjustment agenda in 1997, but needed DNR
approval, so was postponed. Gary and Sandra Griswold are requesting to rip rap 400
linear feet of shoreline and will be working with the property owners of site one on this
project.
The Land and Water Conservation Department has no objections to this request. There
has been no response from the Army Corps of Engineers or the Minnesota/Wisconsin
Boundary Area Commission. The DNR has not had a chance to review, as Eunice Post
has been out of the office and has not had time to look at the request. The Town of Troy
recommends approval of the project with conditions.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Copy of application with narrative and photos
Exhibit 3: Copy of zoning map showing location of project
Exhibit 4: Letter from Land and Water Conservation Department stating no objection.
Exhibit 5: Engineer report specifications
Exhibit 6: Slope distress evaluation recommendation
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Exhibit 7: Griswold application for site two with attachments
Exhibit 8: E-mail correspondence from Eunice Post of the DNR
Exhibit 9: Letter from the Town of Troy
Exhibit 10: Application to the DNR from property owners
Exhibit 11: Application to the Army Corps of Engineers
Tom Rose, being duly swom, stated that the property owners plan to do this together, as it
is a very large project. They plan to bring the material in by barge on.the St. Croix River.
They are trying to work out a way to load the material on the barge at Troy Park, or the
Hudson public landing, or in Afton, Minnesota.
All information for the project has been sent to the appropriate agencies, and they are
waiting for their response. Rose stated that they are working with the DNR on a plan to
help maintain the slope in front of his home, and further stated that it is very complicated.
The Board will visit the site.
The Board recessed at 12:05 p.m. to view the sites.
Decisions
The Board reconvened at 3:35 p.m. to render Decisions.
Williams Communications/Doris and Robert Garbe
A motion was made by Golz, second by Peterson to approve the request for a special
exception for a permit to locate a relay station for a fiber optics facility in the Ag/Residential
District based on the following findings:
1. The granting of this request is in the best interest of the public.
2. The Town of Kinnickinnic recommends approval of the request.
3. The Board believes this to be compatible with the surrounding area.
4. The building will be adequately screened from surrounding properties and
neighbors.
5. There were no objections to the request.
6. The spirit and intent of the ordinance will be met.
With the following conditions:
1. The applicant shall follow the plans submitted in the application. (Maintain
building setbacks for all structures).
2. The applicant shall submit an adequate perimeter-landscaping plan to the Zoning
Director for approval.
3. The Zoning Office is to be notified at the start and the finish of the project.
4. The applicant must secure a town building permit prior to commencing site
preparation.
5. All exterior lighting must be illuminated downward along the building and is to be
shielded away from neighboring properties.
6. Any minor change or addition to the project, including but not limited to,
installation of the fiber optic substation and related equipment, shall require
review and approval by the Zoning Director. Any major change and/or addition to
the originally approved plan will go through the special exception approval
process, where applicable, as stated in the ordinance.
The following vote was taken to approve: Golz, yes; Rose, yes; King, yes; Peterson,
yes; Chairperson Speer, yes. Motion carried.
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• •
APT Minneapolis. Inc./William and Opal Haase
Motion by Rose, second by Speer to table tabled APT's special exception request to
construct a telecommunication tower in the town of Somerset on the Haase farm.
The Board requires more information regarding the following items:
1. Applicant to prove (with written confirmation from the FCC) that the request complies
with all FCC environmental statutory requirements. Consistent with the letter from
Rose Crellin dated April 11, 2000, which reads, "In constructing the subject wireless
communications facilities, therefore, the company constructing the facilities as well as
the company location on the facilities must comply with the Commission's
environmental rules. The Commissions environmental rules implementing the
National Environmental Policy Act of 1969 ("NEPA") 47 C.F.R. 1.1301-1.1319)
references the National Historic Preservation Act ("NHPA") and the Advisory Council
on Historic Preservation's ("Advisory Council") regulations and establish licensees'
responsibilities in the NHPA process."
2. At this time the Board requests that a detailed environmental assessment be prepared
for their review and the commissions (FCC) review. (Board will ascertain the
completeness of the application.)
3. Applicant to get written responses from the MN and WI Historical agencies stating if
this application would adversely impact adjacent historical areas.
4. Applicant to provide information on alternative sites with explanations of why they do
or do not work for their intended purpose. The Board specifically requested that a plan
be prepared (with a narrative, map and mock-up) that shows more towers at lesser
heights to lessen the visual impact on this national scenic area.
5. Applicant to provide a detailed plan that lessens the visual impact of this proposed
tower to the adjacent area known as the "Lower St. Croix National and Scenic
Riverway" and to adjacent historical areas. Applicant to provide pictorial renderings of
their proposal. This has been referred to as"stealth"concealment.
6. Submit a facility plan consistence with the ordinance 17.87 (4) (b) and as outlined in
condition# 12 in the staff report.
7. Applicant to respond and answer the concerns razed by Jeff Nelson, St. Croix
County's tower consultant in his summary of the application (as noted in page 3 of Mr.
Nelson's review dated September 27, 2000).
Jeff Nelson's Page Summary
a. Proposed location on the Haase property is visible from both the St. Croix
Riverway District and the Historic Preservation areas within Marine on the St.
Croix.
b. We have not been provided with data indicating that the EA process has been
undertaken/completed. While it is true that APTNoiceStream holds and FCC
license to operate a wireless system in the Twin Cities SMSA, that license does
not preempt required local zoning and construction authority approvals.
c. Drive test data is not fully explained and appears to have been undertaken using
inconsistent routes for the three properties under evaluation.
d. Other options for lower impact build-out are possible which would achieve the
APTNoiceStream objectives.
8. Applicant to submit the results of discussions with the Wisconsin and Minnesota State
Historic Preservation Officers and the U.S. Park Service (as noted in page 2 pgh. 2 of
the FCC Letter dated 4/11/2000).
9. The Board may require a detailed Impact Study and Report as noted in Section 17.70
(8)of the St. Croix County Zoning Ordinance, for additional analysis of this proposal.
8
The following vote was taken to table the request: King, yes; Peterson, yes; Golz, yes;
Rose, yes; Chairperson Speer, yes. Motion carried.
Tom and Claudia Rose, Ken Tilsen, Jackson Cussons,ary and Sandra Griswold
Motion by Golz, second by Peterson to approve the special exception request for a rip
rap project on the St. Croix River based on the following findings:
1) . Project has been approved by the Land and Water Conservation Department.
2) Plans for the project were designed by a licensed engineer.
3) The Town of Troy recommends approval of the project.
4) Rip rapping is needed to repair and protect the slope.
5) There were no objections to the request.
6) The spirit and intent of the ordinance will be met.
With the following conditions:
1) The applicant shall work with the zoning staff and Land and Water Conservation
staff during this project in insure that the plans are implemented as designed.
2) The applicant is to notify the Zoning Office at the commencement and completion
of the project.
3) Comply with all DNR and Army Corps of Engineers requirements and obtain any
permits necessary.
4) The applicant shall have one (1)year from the issuance of the Special Exception
permit to act on the Special Exception Permit. If the Special Exception permit
expires,the applicant will be required to secure a new Special Exception permit
before commencing the rock rip rap project.
5) Any minor change (or addition) in expansion of the project, shall require review
and approval by the Zoning Director. Any major change and/or addition to the
originally approved plan will go through the special exception approval process,
where applicable, as stated in the ordinance.
The following vote was taken to approved: King, yes; Golz, yes; Peterson, yes; Rose,
abstained; Chairperson Speer, yes. Motion carried.
A motion was made by Peterson, second by King, to adjourn. All in favor. Meeting
adjourned at 4:20 p.m.
Respectfully submitted:
c
ich Peterson, Sec tary Debbie Zim r ann, Recording Secretary
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