Minutes of Board of Adjustment’s Hearing held on December 20, 2011.
I. Call to Order. Meeting was called to order at 9:00 a.m. Board members present were John Gohr, Dennis Staudt, Bill Fluhrer, Ann Sullivan and Angela Ruzicka. Also present were Jeff Sherman, Zoning Administrator, and Misty Day, Assistant Zoning Administrator. Roll call of Board members was taken and all five (5) members were present.
II. Approval of Agenda. A motion to approve the agenda as presented was made by Dennis Staudt and seconded by Angela Ruzicka, motion was unanimously approved.
III. Approval of Minutes. A motion to approve the minutes from the November 15, 2011, meeting was made by Bill Fluhrer and seconded by Dennis Staudt, motion was unanimously approved.
IV. Communications received by secretary, either written or oral. Assistant Day reported that she received a signed Petition in support of the conditional use request for a telecommunications tower. The Petition included 3 full pages and 2 partial pages of signatures from all over the County and even from those who travel through the County and reside elsewhere.
V. Old Business. No old business.
VI. New Business.
A. A 2nd conditional use request by US Cellular to have a 190 foot monopole telecommunication tower on property that is owned by Glen & Doris Wyborny, Michael & Shelley Wyborny and Roni Wyborny and which is located at 1542 Glass Avenue in the NW¼ of Section 18, Township 96 North, Range 17 West of the 5th P.M., Rudd Township. This second application is due to the lack of three (3) concurring votes in support of this request during the prior hearing that was held on November 15, 2011. US Cellular representatives Julie Shebek and Shaun Hemsted and property owners Michael & Roni Wyborny were present for the hearing. U.S. Cellular representative Julie Shebek gave a quick presentation of the project. A photo simulation of the tower showed that it was basically a tower with no anchor points. Ms. Shebek went on to state that the FFA requires lights on all towers exceeding 200’ and since this tower did not exceed that height, there would be no lights on this tower unless FFA ever changed its guidelines. There was also a picture showing an example of the structure that would be housing the equipment. Ms. Shebek stated that the purpose of making this request was to take care of the coverage and meet the needs of the Rudd community, including homes and businesses, by penetrating the thick walls of those structures. Ms. Shebek had a diagram showing the current coverage for this area and what the projected coverage will be once the tower is erected. Ms. Shebek stated they have received a lot of customer complaints from this area and that is why they are here. Ms. Shebek also stated that they will be leasing a 100’ x 100’ area from the Wybornys and they have already obtained their entrance permit from the County Engineer. Discussion was had concerning the coverage area and how towers work in regards to handing off signals from one tower to another. Board Member Fluhrer inquired as to whether their plans had changed since the last hearing and it was determined that they had not, the proposal was the exact same. Board Member Gohr inquired as to how far from the adjoining property line it would be as there was conflicting information in the minutes from the prior hearing. It was determined that the base of the tower would be 50’ from the actual property line and approximately 150-200’ from the building site itself. Discussion was had concerning the design of the tower and how it is designed to fall inward on itself. Discussion was had concerning how US Cellular went about picking this location. Board Member Angela Ruzicka inquired as to whether they received approval for the Environmental Assessment they talked about at the last hearing. It was determined that they could not submit for approval until they have the building permit and then it will take 60-90 days for approval.
Mr. Wyborny added that all the people who signed the Petition in support of this request have had issues with dropped calls and they really do not want to change their service provider from U.S. Cellular. More discussion was had concerning the distance from the proposed tower to the building site.
A motion to approve the conditional use request by US Cellular to have a 190 foot monopole telecommunication tower on property that is owned by Glen & Doris Wyborny, Michael & Shelley Wyborny, and Roni Wyborny and which is located at 1542 Glass Avenue in the NW¼ of Section 18, Township 96 North, Range 17 West of the 5th P.M., Rudd Township, contingent upon the environmental study being finalized, was made by John Gohr and was seconded by Angela Ruzicka. Roll call vote was taken and three (3) Board members voted in favor with one Board member voting against and one Board member abstaining. Since there were three (3) concurring votes of the members, the application was approved.
B. Assistant Day updated the Board regarding the proposed Zoning Ordinance and stated that it was scheduled for its final reading on December 27, 2011.
VII. Adjourn. Motion to close the hearing was made by John Gohr and was seconded by Dennis Staudt.
Jeff D. Sherman