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MINUTES PORTAGE COUNTY BOARD of ADJUSTMENT February 16, 2009

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MINUTES PORTAGE COUNTY BOARD of ADJUSTMENT February 16, 2009 MINUTES PORTAGE COUNTY BOARD OF ADJUSTMENT February 16, 2009 Call to Order Chairman Rutta called the Portage County Board of Adjustment (BOA) to order at 4:10 pm in Conference Room 5, County Annex, Stevens Point, Wisconsin. Roll Call Members present included Edward Rutta, Patrick Casey, James Potratz, Joan Scheider, and Dick Berndt. Staff included Tracy Pelky, Chris Mrdutt, and Judith Liebe, Planning and Zoning Department, and Dan O’Connell, Senior Technician, Land Conservation Section of the Planning and Zoning Department. Pledge Allegiance to the Flag Potratz led the Pledge. Board of Adjustment Procedures Rutta explained the meeting was properly noted by a class 2 notice in the local newspaper. Testimony and questions should be addressed during the public hearing portion of the meeting. Anyone wanting to speak should sign in at this time. BOA will take testimony, deliberate, and make their decision on a case-by-case basis. The appellant will be sent notification of the decision during the week following the public hearing. PUBLIC HEARINGS: Mark A Fredrickson, Owner/Jay Schrank (Fibernet), Agent (A09-02) The Fredrickson/Schrank special exception from provisions of the Portage County Wireless Facility Ordinance to construct a 145-foot tall self-supporting tower and variance from the provisions of Portage County Wireless Facility Ordinance to construct a tower within 500-feet of a residence, in the C4 Highway Commercial Zoning District, Town of Eau Pleine, was opened by Rutta, who read the public hearing notice. Pelky stated the special exception is for constructing a 145-foot self-support tower and the variance is for locating the tower within 500 feet of a residence. Rutta read letters into the record stating the Eau Pleine Plan Commission and Town Board recommend approval of this request (copies in file). Rutta swore in Jay Schrank and asked him to explain what they wanted to do. Schrank replied there is a tower currently located on the Fredrickson site without a permit and not constructed according to the Wireless Facility Ordinance. They would like permission to construct a new tower correctly and remove the existing tower from the site. Potratz asked Schrank how close the new tower would be to the existing tower. Schrank replied about two to three feet from the old tower, closer to the road. The height will be 145 feet. Potratz stated the proposed tower does not have a breaking point to allow collapsing on itself. It must be at least 145 feet from the road. Mrdutt stated the tower is 145 feet tall and the distance between the tower and road right-of-way is 148 feet. Casey asked Schrank how many additional locaters could be on the tower. Schrank replied it would be constructed to allow for three additional locators. Casey stated lights should not be necessary on the tower. Berndt stated he does not see any study done for the tower. Schrank replied they looked at all other towers in the area and tried to collocate, but the other towers are too far from the site they need to be at. Casey stated page 18 of the packet tells where all surrounding towers are located in that area. Berndt stated there is a possibility of problems with migratory birds. Rutta stated guyed towers are more of a problem than self-support towers. Berndt stated there seems to be no problem with screening because there are no close neighbors. Berndt asked what color the tower would be. Schrank replied it would be a galvanized tower. Scheider asked Schrank how large of an area they serve from that site. Schrank replied this is a relay tower for calls coming from Stevens Point, approximately 12 miles, to this tower and then to Marshfield, which is 20 miles away. Rutta stated the elevation is quite high, it is a good site. Rutta stated the variance request is for 401 feet from an existing home and asked who owns it. Schrank replied it is owned by Mark Fredrickson’s son Jake. There is a letter of support from Jake. Rutta asked Schrank why the tower must be in the same spot. If it would be moved back somewhat, a variance would not be needed. Schrank replied the Fredrickson’s building has a separate room that houses all the equipment, cables, and power. If they moved the tower further back, it would be very costly. They would need to construct an equipment house, move all the cables, etc. Schrank stated they would be doing a “hot cut” to switch from the existing tower to the new tower when it is completed. Rutta stated the special exception and variance are entwined and it is hard to consider them separately. Rutta read the variance criteria. Potratz asked if the tower should be fenced in. Mrdutt replied that would be a condition if they were leasing the property from someone where there would be separate ownership of the property and tower. Potratz asked if the Ordinance states that. Rutta stated fencing would be only for security. Mrdutt stated a fence should be placed around the concrete area surrounding the tower. Potratz stated he thinks it should be part of the conditions, if approval is granted. Casey asked if Roen was the engineer. Schrank replied no, they are the company that makes the tower. Casey asked Schrank if they have an engineering firm. Rutta stated Roen would contact an engineering firm to construct the tower. Berndt asked if the owner of the adjoining house owned part of the business. Schrank replied he is not sure if he is part owner, he is the owner’s son, but the house is on a separate parcel. Rutta read a letter into the record from Jake Fredrickson recommending approval for the tower (copy in file). Casey asked Schrank if BOA gave them a start date of March 1, 2009 and a completion date of October 31, 2009 would it be adequatebe. Schrank replied that is an adequate timeframe; he was informed it would take 90 to 120 days to erect the tower. Rutta asked if anyone in the audience would like to testify or comment. Mark Wadina stated he has been a customer of Fibernet since he moved to the DuBay area. He stated he is a radiologist at the hospital and is on-call for emergency cases. He said he would be out of luck if he doesn’t have 24/7 service availability through Fibernet. He is required to use a BPN login for the hospital and satellite does not work. If he didn’t have Fibernet, he would not be able to leave the hospital on his off time. He would like to see approval of this request. The cell phone is a very necessary part of his job. Rutta asked Schrank how many customers he has in that area. Schrank replied approximately forty in the DuBay area, and from there it serves other towers to the Stevens Point and Marshfield areas. There being no other testimony, comments or questions, Rutta closed the public hearing portion. Deliberation and Decision: Potratz stated he would like to see the tower located further back from the side lot line to eliminate the need for a variance. He would like to see a fence around the tower. Mrdutt stated it could be a condition of approval. 2 Rutta stated it would be a considerable amount of money to more the tower and construct an equipment building. Casey stated he does not think the tower would affect the Jake Fredrickson property. Berndt stated he does not see much of a problem with this request; as long as the tower meets the highway setback he sees no problem with the house location. Scheider state she agrees with Berndt. Rutta stated he agrees with Potratz, he would like to see the tower set further back so as not to need a variance. Rutta stated BOA would consider the special exception and variance separately. Rutta entertained a motion for approval of the special exception. Casey moved to approve the SPECIAL EXCEPTION with the following conditions: 1. Approval is granted to construct a 145 foot high self-support communication tower. 2. The tower will be available to hold three additional co-locators. 3. It will be a galvanized tower and not painted. 4. There must be fencing at the base of the tower. 5. The existing guyed tower must be removed by October 31, 2009. 6. The start date of the new tower is March 1, 2009 – Completion date October 31, 2009. 7. Failure to follow these attached conditions could lead to forfeiture and/or revocation of this approval. Scheider seconded the motion, which passed unanimously by a roll call vote. Rutta stated he would entertain a motion to approve the variance. Casey moved to approve the VARIANCE with the following conditions: 1. Approval is granted for a variance to construct the 145 foot high self-support communication tower 401 feet from the nearest residence. 2. The added cost of the equipment building and tower would be too costly to move the tower further away from the nearest residence. 3. A Zoning Permit must be obtained within one year of this decision or the approval becomes null and void. Scheider seconded the motion which, passed by a three to two roll call vote, Potratz and Rutta voting nay. DuBay Ventures, Owner/Brett & Amy Springer, Agents (A09-02) The DuBay Ventures request for a special exception from the provisions of the Portage County Shoreland Ordinance to create a cutting plan to exceed a 30 foot wide clear-cut area in the C3 Commercial and Conservancy Zoning Districts, Town of Dewey, was opened by Rutta, who read the public hearing notice.
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