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ST. CRO I - NTY. Land Use
Planning & Land Information
I C(tll4S'!!2 Resource Management
Community Development Department
June 30, 2014 File Ref: SE88260
Michael and Alice Demulling
715 Polk St. Croix Road
New Richmond WI 54017
Re: Special Exception request for a wireless tower pursuant to Section 17.14 (6) f. of the St.
Croix County Zoning Ordinance. Property is located in section 1, T31N, R19W in the Town of
Somerset
Dear Mr. and Ms. Demulling,
The St. Croix County Board of Adjustment (Board) has reviewed your application for a Special
Exception to construct a wireless tower at the property referenced above. At the hearing on June 26, 2014
the Board approved your special exception request with conditions. The enclosed document is the formal
decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Should you have any
questions or concerns, please contact me at 715-386-4680.
Sincerely,
'46 '0141"
Alex Blackburn
Land Use and Conservation Specialist
cc: Jeri Koester Somerset Town Clerk, P.O. Box 248 Somerset, WI 54025
Justin Terry, SAC Wireless, 1501 East Woodfield Road, Suite 300E, Schaumberg IL, 60173
Christopher Rohr, SAC Wireless, 4300 Market Pointe Drive, Suite 150, Bloomington MN 55435
File
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, W154016 Fax 715.386.4686
www.sccwi. us/cdd www.facebook. com/stcroixcountvwi cdd@co.saint-croix. wi. us
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE88260
Applicant: Michael and Alice Demulling
Agent: Christopher Rohr
Location: Section 2, T3 IN, RI 9W, Town of Somerset
Hearing Notice Publication: June 9 and 16, 2014
Hearing Date: June 26, 2014
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law for the special exception;
1.)The property owners are Michael and Alice Demulling. Chris Rohr and Justin Terry are the agents for
Verizon Wireless.
2.)The site is located in the NW 1/4 of the NW '/4 of Section 1, T3 IN, RI 9W, Town of Somerset, St. Croix
County.
3.)The applicants filed an application with the Board of Adjustment for a special exception permit to construct
a new wireless communications transmission facility in the Agricultural District pursuant to Section 17.14 (6) £
of the St. Croix County Zoning Ordinance.
4.)The tower is setback greater than 200 feet from the nearest property line.
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5.)The nearest neighbors are approximately 1000 feet to the east and west.
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6.)The current Wireless Tower Ordinance section 17.86 (3) requires the applicant provide supporting
documentation that the no existing tower or structure can accommodate their proposed antenna and tower.
Wisconsin Act 20 prohibits limits our authority and allows the applicants to provide a sworn statement that the
tower is needed. The applicants have stated that this tower is needed to provide uninterrupted PCS services to
the community in their narrative; however, it's not a sworn statement. With conditions to make this a sworn
statement, the applicants would be in compliance with Wisconsin Act 20(2) (b)(6)
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7.)The fenced area will be screened with (thirty) 6 foot tall Arborvitae shrubs.
8.)The fencing will be six feet high with a locking gate.
9.)The tower will be painted light blue to minimize visibility.
10.)A driveway to the tower facility will be constructed and there will be adequate parking.
11. This facility, like most wireless service facilities is required by federal regulations to operate on a specific
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frequency that will not cause interference with emergency communications equipment.
12.)With conditions to submit a landowner acknowledgement this request would be in compliance with section
17.87 (4) (c).
13.) With conditions to submit an estimate for removing the tower and footings and restoring the ground where
they were located, along with a performance bond for the estimated amount, not to exceed $20,000, this request
would not be compliant with section 17.87 4.(d)
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment
approves the special exception request, with the following conditions:
l.) This special exception permit allows the applicants to construct a 190-foot monopole, with a 9 foot lightning
rod, wireless communications transmission facility and associated equipment shelter in accordance with the
plans submitted, and as provided in the conditions below. Approval of this special exception permit does not
include any lights on the tower, additional grading and filling, tree removal, structures, uses, or other
development activities.
2.) Prior to commencing any construction activities, the applicants shall secure a building permit from the Town
of Somerset and obtain any other required local, state, or federal permits and approvals.
3.) Prior to commencing any construction activities, the applicants shall install erosion control measures in
accordance with State of Wisconsin Best Management Practices For Construction Sites. During construction,
the smallest amount of bare ground shall be exposed for as short a time as possible. The applicants shall
maintain silt fence around the construction site until self-sustaining, permanent groundcover is successfully
established on all disturbed areas of the site.
4.) Prior to commencing construction the applicant shall provide a sworn statement as required in Wisconsin
Act 20 (2) (b.) (6.)
5.) Prior to commencing construction the applicant shall provide the landowner acknowledgement as required
in Section 17.87 (4) (c). The applicants must also submit an estimate and performance bond, (not to exceed
$20,000) for removing the tower and footings and restoring the ground where the footings were located.
6.) These conditions may be amended or additional conditions may be added if unanticipated conditions arise
that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an opportunity for a public
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hearing. Noncompliance with conditions imposed by the Board shall be grounds for revocation per Section
17.71(6)(a).
7.) Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this
decision and has no objections if Community Development staff conducts unannounced onsite inspections to
check for compliance with the conditions of this permit.
The following vote was taken to approve: Chairperson Malick, yes; Peterson, yes; McCallister, yes; Nelson,
yes; Sontag, yes; All votes in favor, motion carries.
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. The Planning and Zoning Department can be
contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to
submit its record (file) of this matter to the circuit court.
177 OF AD S NT
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Signed:
arence W. Malick, Chairperson
Date Filed: 06/30/2014
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