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HomeMy WebLinkAbout024-641-05-2301-CUP-2023-005 $ond No.107796589 Tower Removal Bond KNO�'V ALL PERSONS�Y THESE PRESENTS:That we TowerNorth Development, LLC a corporation duty organized under the laws of the State of , as Principal and Trav r�Casual y and Surety Company of America ,as Surety, are held and �rtnly baund unto SawyerCountyZonin� as Obligee, in the amt�unt of Twenty Thousand Dollars and 00/100 (� 20,000.00 ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severalty, firmly by these presents, the liability af the Surety being limited to the penat sum af this bond regardless of the number of years the bond is in effect. Whereas, the Principal has obtained written approval from the Obligee for the construction and erection of a wireless eommunication tower located at Pa��ei#oza-sai-os-2soi,S.T.H.77,Hayward,WI 54843;WI1020-A HWY77 , Notiv, therefore if the principal well and truly complies with the maintenance, replacement, removal or relocatian of the #ower from the aforementioned address within 30 days upon receipt of written notice from the Obligee, to remove, replace, modify, or relacate the tower from said premises then this obligation is void otherwise to remain in full force and effect unless cancelled as set forth below: 1. It shall be a condition precedent to any right of recovery hereunder that, in the event of any default on the part of the Principal,a written statement of the particular facts of such default shall be,within Thirty(30)days,delivered to Surety at it Home Office located at One Tower Square , Hartford, CT 06183 by registered mail to the Surety and the Surety shall not be obligated to perform Principals obligation until sixty(60j days after Surety's receipt of such statement. 2. The surety may cancel this band at any time by giving Thirty(30)days notice,by registered mail or overnight courier service to 10610 Main Street, Suite 49, Hayward,WI 54843 (Obligee). Such termination shall not affect liabitity incuned under this obtigation prior to the effective date of such termination. 3. No action, suit, or proceeding shall be maintained against the Surety on this bond unless the action is brought within rivelve(12)months of the cancellation date of this bond. 4. Regardless of the number of years this bond may be renewed; in na event shall the liability of the Surety exceed the penal sum of this bond. � 5. It is understoad that the non-renewal of this bond by the Surety, or failure or inability of the Principat to f le a replacement bond shall not constitute a loss recoverable by the Obiigee under this bond. Signed,seated,and witnessed this 2�th day of June , 2023 TowerNorth Development, LLC Principal �--�'. -.� , ,. �. __ �1 ���-'' �. By: �_"�_ s t5W1110i111flNyr�U ��e��$uwH�o Travelers Casualty and Surety Company ofAmerica ��a� ��y� Surety � :HAR'�4�t1,; < i /� : .���'G{?�kt. .��� y �, � � �.�/����,, �.��"""�s�'��'�� LeeA +�e K. Michaud At rney-In-Fact R �� � NUp4N1�1�11a�ti � Surety Phone No. 860-277-0111 � Traveters Casualty and 5urety Company ot'America � ,,�, Traveters Casualty and Sarety f:ompany � ���������J St.Pau1�re and Marine Insurance Company Farmin on Casua! Cam an RUWER OF ATTQRNE'l _ MCNOW A�.t MEN SY 7HESE Pi2ESENTB:That Travesers Gasuaity and Surety Company of America,TraveJers Casuatty ar�d Surety Company,St. Paui Fire and Ma�ine tnsurance Company, and Farmington Casualry Company are corporations duly cxgani2ed under the laws of fhe State of Connecticut (herein calleciivety called the"Companies"),acxi that tha Gorrtpanies do hereby make,COTtStItUtE and 3ppOitltLeeAnne K.Michaud of Columbia � MD , their true and lawful Attorn�r(srin-Fact to sign,execute,seal and acknowiedge tfie foli�ving bond: Surety Bond No.: 1 D7796589 Principah TowerNorth Development,LLC OR Obiigee: Sawyer County Zoning Project desc�iptiar�:Tower Removal-Site ID No.WI1020-A HWY77 Hayward IN W1TlVESS WNEREOF,the Gompanies have caused this'snstrum�;nt ia be signed,and theif corprn-ate seals to be hereto affixed,this 21st day af Aprii, 2021. 4y�q8�"`�r�. �'�"o� ��t �A5U,�< t ��� �c ,� � ��� � * �.. p'��r T6 y;"�cTc�?` �y Coiw, � �` tl i!a 2�' o :�t''� W � � �s " ,�� �,�A•`�1�.,� g`� s �� 'R � �ct'�'� . 1 .. . � � �" &.y y �, State of Connecticut By: City af Hartford ss. Robe .Raney.Seniw Vice President On this the 21st day af April,�021,before me personaily appeared Robert L.Raney,who acknowledged himself to be the Sen�or V'rce President of aach of the Companies,and that he,as such,being authoriaed so to do,executed the foregoing instrurrten#ftx the purposes therein contained by signing on behaif of said Campanies by himsel#as a duty authorized offr�r. IN W13NESS WHEREOF,(hereunto set my hand and officiai seat. � � My Cammission expires the 30th day of June,2026 ,�';' . ►�� Anna P.Nowik,Notary Public This Power o#Attotney is granted under arrd by the authority of the fo{lowing resolutions adopted by the Boards o#t}irectors af each of the Companres, which resolutions are nov,+in fu11 farce and effect,reading as follaws: RESOLYED,that the Chairrnan,tfie Pres�ent,any Vice Chaimnan,�tty Executive Vice President,any Senior Vice Presiden#,any�ce President,arry Secand Vice President,the Treasurer,any Rssistant Treasurer,the Corparate Secretary ar any AssistaM Secretary may apperint Attomeys-in-Fact and Agents to act for end on beha#f of�e Company and may give such appaintee such authority as his or F�er certificata of authority may prescrihe to sign with the Company's name and seai with�e Gompany's seai bonds,recognizances,corrtrdets af indemnity,and other writirtg�crbiigatory[n the nature afi a bond,cecc�gni�ance,ar conditional undertaking,and any of said officers or the 8oard of Directors at any time may remove any such appointee and reuoke the power given him�her;and it is FUR'f'HER ftESOLVED,that the Chaicman,the President,ar�y Vice Chairtnan,any Executive V'sce Presid�;n1,aa�y 8enior Vice President ar any Vice Presiderzt may delegata al{or any part of the foregoing authoriiy to�e or more officers or employees ofi this Company,pcovided that eaeh such delegetian is in writir�and a copy thereoi is fifee�t in the ofFice o#trie Secretary;and it is Ft1RTNER RESQLVED,tha#arfy bond,r�gnizance,contract of indemnity,ot writing obiigatory in the rtature of a bond,recogni�ancs,or conditionai undertaking shall be vaEid and binding upon the Company when(a)si�by ihe President, any Vice Chairman, any Executive Vi�e President, any Senior Vice President or any V'�e Presiden#, any Second V'�ce Presidsnt, the Treasurer, any Assistant Treasurer, the Corpnr�te Secretary or any Assistant Secre#ary and duly at#ested and sealed wi#h the Gomparry's seal by a 5ecretary csr Assistant Secretary;or{bj duly execut�d(under seal, if required)by one ar more Attorrseys-irrFact and Ager�ts pursuant to the pawer prescribecJ in his or her certificaie or their certificates of autharity or by one or mote Gompany afirt�rs pursuant to a written delegation of authority;arsd it is FURTHER RESOL1tEt},tl�at iha s�natute of each af the foEfowing a�ers: President, arry Executive V'�ce President,any Senior uice President, any Vice Presider�i,any Rssistant Vice President,any Secretary,any Assistant Secretary,and the seal oi the Company may be affixed by faesimile to any Power of A#tornsy or to any certificat�relating therehr appainting Ftesident Vice Presidents, Resident Assisfant Secreta�ies or Attomeys-in-Fact far purposes onty o#executing and attesting bonds and underiakings and o#her writings a�igatory in tf�i nature thereofi,and any such Power of Atforrtey or cevtificste bearing such tacsimi[e s�natuce or facsimile seal shai!be va#id and binding upan the Gompany and any such power so executed and certified by such facsimile signature arr�facsimite seal sha0 be vaiid and b'snding on the Company in the future with respeck to any band or understanding to whieh it is at#ached. i,Kevin E.Hughes,the uruiersigned,Assistant Secretary of cach ot the Companies,do hereby certifq that the above�and foregoing is a true and corcect copy of the Power of Attorney executed by said Companies,which rema'rns in fuii force and effect. dated this 27th day of June , 2023. y�fa,c9u�n,� d�,��o 3 ���:� �,Asu,��Th � � twac�rwr�o:� ��rw�t�ap�, � �r °�t �, � � � ca�N. r)�, � �, G �"� �'19 8 2 0 ,�CG �______i���"`'""`—_ ca �'`�ai�r*�''� �i � �,w� � � � '`y�i�� �— Ke�+in E.Mug es.Assistan#Secretary #„� My * �,M To ver3fy tl�authanficity of fhis Power of Attomey,Alease cail us af 1-8lt8-42t-3880. Ple$se refer ta the aF�ove-r�am�c'1 A#orrtey{s)-tn-Fact and the detaifs of#he band to which this Power ot Attorney is at#ached. �- SAWYER ' COUNTY Sowyer County Zoning and Conservation Administration 10610 Moin Streef,Suite 49 Hayward, Wisconsin 54843 . (715J 638-3225 ka thv.ma�ks(�sa wvercoun tvao v.orq May1, 2023 CUP#23-005,Anderson-Bredemuus, Verizon Tower Notice is hereby given that on 4/28/2023 the Sawyer County Zoning Committee approved the Conditional Use Permit#23-005. Property Description:Part of the SW'/,of[he NW'/<;505, T41N, R06W,�Parcel#024-641-OS-2301; Tax ID# 24024;34.89 total acres;Zoned Agricultural One(A-1 J. Permit desired for construction of a 275 foot wireless communication tower with 5 foof lightning rod. This will allow Verizon to improve customer experience. Motion to opprove the applicotion by Hessel with Findings of Facts: 1. It wou/d no[be damaging to the rights of o[hers or property values.1. It would not be detrimen[al to eco/ogy, wild life, wetlands or shorelands. 3. It would not create an air quality, watersupply, or pollution problem.4. It would no[create topographical problems such as run off, drainage, erosion,flooding, or vegetative mver removaL 5. It would not create t�affic or highway access problems. 6. It would not des[roy prime agricultural lands. 7. It would be compatib/e with the surrounding uses and the area. 8. It would be consistent with the Town and/or County Comprehensive Plan. 9. It would not create an objectionable view. Conditions af[he staJf report: 1. Land Use Permit for telemmmunication facility is required. 2. Prior to issuing the WP the applimnt or owner of the telemmmunication facility sholl provide a bond, irrevocable let[er of credit, of theirsuitable financial guarantee as to unsure the removal of facility if it falls into disuse &restoration back to preconstruction state in the amount af$10,000. 3.All other town, county, state federal laws are followed. Town conditions of. 1. Condition that a 6uffer of at least 4 foot high evergreens be planted along the perimeter of the area as per Sawyer County[elemmmunications Ordinance. Second by Wilson. Discussion held. Roll call finds: Wilson—yes, Maestri—yes,Shuman—yes, Hessel—yes, Buckhol[z—yes. All in favor Motion carries. Any person or persons jointly aggrieved by the decision of[he Zoning Committee may commence an appeal action to the Sawyer County Board of Appeals at their expense to review the legolity of[he decision within 30 days after the date of this notice. Kathy Marks Depu[y Zoning& Conservation Administrator Kathy Marks IFrom: Kathy Marks Sent: Tuesday, March 21, 2023 11:36 AM To: 'pgray@mountainitd.com' Cc: 'apuleo@mountainitd.com' Subject: CUP #23-005, Bredemus Attachments: 4-28-23 Owner's PH Notice.pdf; CUP #23-005, Anderson & BredemusVerizone Wireless.pdf; Receipt(2).pdf Attached please find the receipt Public Notice and packet of your case#23-005. Please note that the meeting date for the Zoning Committee has changed to Apri128, 2023 at 8:30am. Also contact the Town Round Lake(info included)for their date(sJ and time(sJ of the meeting(sJ they may want you to attend. Any questions please let me know. K1+th�MArl2s Deputy Zoning& Conservation Administrator ka thv.marksC�sa wvercoun tvqov.orq 715-638-3225 Sawyer County Zoning& Conservation 10610 Main Street, Suite#49 Hayward, WI 54843 SAWYE R COUNTY � � ���,�,r, D ;` , � SAWYE R APR 1' 9 2023 �� C O U N T Y sA����,.::_�, - - -- ZONING i+u�vL,�..��'���-i,',i��;J Conditional Use Application i123-005 Town of Round Lake TO: Sawyer County Zoning&Conservation Administration 10610 Main Street,Suite#49 Hayward,W154843 Attn: Kathy Marks Email: kathy.marks@sawyercountygov.org Owner: Michael Anderson& Laura Bredemus Phone: 651-440-0365 Email:laurebredemus@gmail.cam 1023 ParkerAvenue Roseville, MN 55113 Agent: Verizon Wireless/TowerNorth Development, LLC 26 E. Screnton Ave,k1S8 Lake Bluff, IL 60044 Property Description: Part of the SW'/.of the NW'/.;SOS,T41N, R06W; Parcel N024-641-OS-2301;Tax ID#24024;34.59 total acres; Zoned Agricultural One(A-1). Permit desired for construction of a 275 foot wireless communication tower with 5 foot lightning rod. This will allow Verizon to improve customer experience. Public Hearing will be held on April 28,2023,at the Sawyer County Courthouse at 8:30 AM By Action of the Town Board,use is: �Approved ( �Tabled ( � Denie Yes No Yes No �`� — olf Hanson, Chairman U�� � � ��� � - � ��-�- � - Virginia habek,Supervisor Kay Wilson, upervisor x _ � ����� , ' _ � � — JamesiStrendlund, Supervisor ponald S[over,Supervisor � 1 ' Your Town Board decision is an integral part of the decision making process for the Sawyer County Zoning � Committee. The Zoning Committee would like your cooperation in stating the reasons or comments why you approved,denied,or tabled the request. Re:CUP#23-005,Michael Anderson&Wure Bredemus.Agent:Verizon Wireless/TowerNorth Developemnt LLC �1�cOJiC� v:���-. �`� �.U����ao� �� � ����r � ��' � �-' oo� � `(� U `<< h L t� �Ur� h c,t.. � fi. a� Y � �� e �� � �C CG� Jn�' �.1�y.� ��n°��n Dated this��of �1 Y\ 20�_ Kathy McCoy,Clerk 2 SAWYE R COUNTY Conditional Use Permit Request STAFF REPORT Preparcd B�:Ja� Kozlowski,Saw�cr Counh Zoning&Conservation Administrator File: # CUP 23-005 Applicant: Michael Anderson 1023 Parker Ave Roseville, MN SS l 13 Agent: TowerNorth Development, LLC & Verizon Wireless C/O Mountain, LTD. —Trish Gray Property Location & Legal Description: Town of Round Lake. Part of the SW '/ of the NW '/; SOS, T41 N, R06W; Parcel #024-641-OS- 2301; Tax ID# 24024; 34.89 total acres; Zoned Agricultural One (A-1). Purpose of Request: Construction of a 275' wireless communication tower with S lightning rod per Section 17.4 (B) (4) of the Sawyer County Zoning Ordinance and Sawyer County Telecommunication Ordinance in conjunction with WI State Stats. Project History/Summary of Request/Summary of State mobile tower siting regulations: With the new changes to WI Chapter 66.0404 mobile tower siting regulations including the changes in 2017 and in 2019 Counties are somewhat limited in local regulations as long as the applicant or mobile service provider coinply with the provisions and regulations specified in 66.0404. The Sawyer County Telecommunication Ordinance would not be compliant at this point to State Statutes and the State Statutes would need to be followed. The only element that the Sawyer County Zoning Telecommunication Ordinance is utilizing is that a Conditional Use Permit is required for a telecommunication facility. Per the regulations established in 66.0404(2)(b) the application process which a person must complete to engage in the siting, construction, or inodification activities shall be in writing and shall contain all of the following information: 1. The name and business address of, and the contact individual for, the applicant. (included in attached plans) 2. The location of the proposed or affected support structure. (included in attached plans) 3. The location of the proposed mobile service facility. (included in attached plans) . , > > > , > > , . (new structure-not applicable) 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on ar around the new mobile service support structure. (included in attached plans) 6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the saine mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. (included as separate letter in packet) The Sawyer County Zoning Administrator has deemed that the application is complete. Within 90 days of its receipt of a complete application ( January 26, 2023), a political subdivision (Sawyer County) shall complete all of the following ar the applicant may consider the application approved, except that the applicant and the political subdivision may agree in writing to an extension of the 90 day period: 1. Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances. (All other determination have been tentatively approved by the Zoning & Conservation Department including setbacks, floodplains, and other County Zoning Ordinances not subject to the limitations described later in this staff report) 2. Make a final decision whether to approve or disapprove the application. 3. Notify the applicant, in writing, of its final decision. 4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. • A political subdivision may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement. • A party who is aggrieved by the final decision of a political subdivision may bring an action in the circuit court of the county in which the proposed activity, which is the subject of the application, is to be located. • If an applicant provides a political subdivision with an engineering certification showing that a inobile service support structure, or an existing structure, is designed to collapse within a sinaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the political subdivision provides the applicant with substantial evidence that the engineering certification is flawed. (The proposed tower height would be 250' and would be located 130' to the closest setback line. The applicant has provided a letter from a professional engineer indicating that even though the tower would be within the fallzone of a setback line that the tower is designed to collapse with a radius less than or equal to 125'. If the committee accepts this engineering certificate a greater setback distance than 130' from a setback line may not be imposed.) 66.0404(4) Limitations: With regard to an activity described for new construction a political subdivision may not do any of the following: • Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers. • Enact an ardinance imposing a moratorium on the permitting, construction, or approval of any such activities. • Enact an ordinance prohibiting the placen�ent of a mobile service support structure in particular locations within the political subdivision. � Charge a mobile radio service provider a fee in excess of$3,000 for new construction. • Charge a mobile radio service provider any recurring fee for new construction or a class 2 collocation. • Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications. • Disapprove an application to conduct an activity based solely on aesthetic concerns. • Disapprove an application to conduct a class 2 collocation on aesthetic concems. � Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality. • Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse. There is a rebuttable presumption that a surety requirement of$20,000 or less complies with this paragraph. • Prohibit the placement of emergency power systems. • Require that a mobile service support structure be placed on property owned by the political subdivision. • Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting. • Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure far the use of ar by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate. • Limit the duration of any permit that is granted. • Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation. • Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity. • Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power. � Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures. � Consider an activity a substantial modification if a greater height is necessary to avoid interference with an existing antenna. • Consider an activity a substantial modification if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable • Limit the height of a mobile service support structure to under 200 feet • Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its authority to approve the application. • Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the political subdivision to place at or collocate with the applicant'� support structure any mobile service facilities provided or operated by, whether in whole or in part, a political subdivision ar an entity in which a political subdivision has a governance, competitive, economic, financial or other interest. Additional information for Conditional Use Permits: Substantial evidence means facts and information, other than merely personal preferences ar speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. If an applicant agrees to meets all of the requirements and conditions specified in the county ordinance or those imposed by the county zoning board, the county shall grant the conditional use permit. Any condition imposed inust be related to the purpose of the ordinance and be based on substantial evidence. The conditions must be reasonable and, to the extent practicable, measurable. The applicant inust demonstrate that the application and all requirements and conditions established by the county relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The county's decision to approve or deny the permit must be supported by substantial evidence. Possible Conditions for Approval: (choose from list below) (add or delete from list below) 1 Land Use Permit for telecoinmunication facility is required. (LUP submitted pending CUP approval) 2 Prior to issuing the Land Use Permit the applicant or owner of the telecommunication facility shall provide a bond,irrevocable letter of credit,of their suitable financial guarantee as to ensure the removal of facility if it falls into disuse and restoration back to pre- construction state in the amount of$20,000. 3 All other town, County, State, Federal Laws are followed. Findings of Fact for Approval: (choose from list below) 1 It would not be significantly da�naging to the rights of others or property values 2 It would not be detrimental to ecology, wild life, wetlands or shorelands. 3 It would not create an air quality, water supply, ar pollution problem. 4 It would not create topographical probleins such as run off, drainage, erosion, flooding, or vegetative cover removal. 5 It would not create traffic or highway access problems. 6 It would not destroy prime agricultural lands. 7 It would be compatible with the surrounding uses and the area. 8 It would be compatible with the Town and County Comprehensive Plan 9 It would not create an objectionable view. Findings of Fact for Denial: (choose from list below) 10 It would be significantly damagin�to the rights of others and property values. ll It would be detrimental to ecology, wild life, wetlands or shorelands. 12 It would create an air quality, water supply, or pollution problem. 13 It would create topographical problems such as run off, drainage, erosion, flooding, or vegetative cover removal. 14 It would create traffic or highway access problems. 15 It would destroy prime agricultural lands. 16 It would not be compatible with the surrounding uses and the area. 17 It would not be compatible with the Town and County Comprehensive Plan. 18 It would create an objectionable view. ��'�,. S A W Y E tt COUNTY Conditional Use Vublic Hearing Application TO:Sawyer County Zoning and Conservation Administration 10610 Main Streei Suite 49 Hayward,Wisconsin 54843 Attn: Kathy Marks E-mail:kathy.marks@sawyercountygov.org Property Owner Name&Address: Michael Anderson and Laura Bredemus —Re sev iNe-lul Pd-551�1�3 vhone: �651)440-0365 Email: �aurabredemus@gmail.com Property description including Parcel Number: The Southwest Quarter of the NoRhwest Quarter Section 5 Townshio 41 North Range 6 West Town of Ro�nd Lake,Sawyer County,Wisconsin.Except that part lying North of Highway 77 and East of Town Road,Also xcep pa or ig way recor e in o ume 5,page as ocumen o. an in o ume ,page 'Edit:TowerNorth Development LLC and Verizon Central LLC seek Conditional Use Permit Permit desired for: Verizon Central LLC "Venzon" seeks Conditional Use Permit approval to construct a 27Sfoot wireless wmmurncafions ower wi a ve oo �gFifning ro on e prope Tocate on tate ig way 97:— �P� � � /�i�� �s p / J ,4,��.��,� n —,-, (//yK.I�J`..vr��r R tion Owner Print&Si / Signature of property owner(s)required.The undersigned person(s)herehy give pe ission for attess to thc property Tor inspeaion by Municipal Officials,Sawyer Counry Zoning Staff and Sawyer County Zon7ng Committee memhers if needed. Name,Address,Phone&Email of Agent or Buyer: TowerNorth Deve�o ment,LLC and Verizon Wireless c/o ountain t . ns ray I aka Ah�ff,11 R0044 (630)746-5433 Pee: 5350.00 Date of Public Hearing: Rev January 2021 1/26/23, 11:24AM Real Property Listing Page R2al EState Sawyer County Property Listing Property Status: Current Today's Date: 1/26/2023 Created On: 2/6/2007 7:55:40 AM �" Description Updated: il/ll/2015 °� Ownership Updated: 5/20/2022 Tax ID: 24024 MICHAEL J ANDERSON ROSEVILLE MN PIN: 57-024-2-41-06-05-2 03-000-000010 LAURA M BREDEMUS ROSEVILLE MN Legacy PIN: 024641052301 Map ID: .7.1 Billing Address: Mailing Address: Municipality: (024) TOWN OF ROUND LAKE MICHAEL J ANDERSON MICHAEL J ANDERSON STR: S05 T41N R06W 1023 PARKER AVE 1023 PARKER AVE Description: PRT SWNW ROSEVILLE MN 55113 ROSEVILLE MN 55113 Recorded Acres: 34.890 Calculated Acres: 31.325 �x Site Address * indicates Private Road Lottery Claims: 0 N/A First Dollar: No Zoning: (A-1) Agricultural One � Property Assessment Updated: 7/16/2019 ESN: 2023 Assessment Detail Code Acres Land Imp. � Tax Districts Updated: 2/6/2007 G4-AGRICULTURAL 14.890 Z,000 0 1 State of Wisconsin G8-AGRICULTURAL FOREST 20.000 15,000 0 57 Sawyer County OZ4 Town of Round Lake 2-Year Comparison 2022 2023 Change 572478 Hayward Community School District Land: 17,000 17,000 0.0% 001700 Technical College Improved: 0 0 0.0% Total: 17,000 17,000 0.0% � Recorded Documents Updated: 1/18/2023 WARRANTY DEED Date Recorded: 5/5/2022 438954 '� Property History MAP OF SURVEY N/A Date Recorded: 12/19/2022 5416-3 ]UDGMENT-FINAL Date Recorded: l0/12/1995 250760 https://tas.sawyercountygov.org/system/frames.asp?uname=Jay+Kozlowski ��� ... . . ..�yyr ._,� - r. �:7F.c . . . . �9fi11052101 H� ��� 1_i�,1F1 �t.P� • aEJ., i_�_�ar� � • 024641051201 027641v'61201 02454106110�1 42-0641057201 � 024641032102 �� ��)�'� ¢��O �n �,,. �J�P � a <�z-„; 02 a6�r�m�so� 7 � �.�,p2964105�303 � 0 �`7p6j30 U���u.a 77102.M163�052A02 �7 n��Y'��/p2A64105Z30� „t��..vo�i_�qa L:f. 02A641061402� '..� .' ." `- . 02 4641 0 5 1 391 024641061301 024641052401 a2464��6�40� 024641052301 � i'�— �,�` us�� +-�� N �� 11R5?N 02�1064201 024641064107 • � 024641053101 R� Rn � 0 20o aoo sooe DISCLAIMER�.Th'is map is not quaranleetl lo be ei,l.� conclusions tlrawn arethe responsibilily ot�M1e .� � ��'�s�� m` � yA1R � � I, p A;� e ' l� ' �L 7�-. � y .ti 4.T N -h Ya � � �3' � 1 .��1 �t_[, ^, µs � . �t ,r. 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'-Q x� .� s, �. `'U - s +a �. v l "`�'a�= 4� _ ' � � i �( .MN;: . � �:s:. _ TABLE OF CONTENTS PAGE SUMMARY OF PROPOSED CONDITIONAL USE 1 COMPLIANCE WITH WISCONSIN STATUTES CHAPTER E>6.0404 MOBILE TOWER SITING REGULATIONS.............2 APPLICATION EXHIBITS: EXHIBIT A: CONSTRUCTION DRAWINGS WITH SITE PLAN EXHIBIT B: FALL ZONE LETTER EXHIBIT C: 1USTIFICATION STATEMENT-NO EXISTING TOWERS EXHIBIT D: CONDITIONAL USE APPLICATION � � __ SUMMARY OF PROPOSED CONDTIONAL USE APPROVAL FOR A 280'COMMUNICATIONS TOWER __ TowerNorth Development,LLC("TowerNorth")and Verizon Central LLC("Verizon")seek Conditional Use Permit approval to construct a 275-foot wireless communications tower with a five(5)foot lightning rod on the property located on State Highway 77 with a property tax ID number of 57-024-2-41-06-OS-2 03- 000-000010.The purpose of the facility is to allow Verizon to improve its customer experience in the vicinity of the proposed facility. The property is located in Sawyer County and the property is zoned Agriculture One(A-1). The property is owned by Michael J.Anderson and Laura M.Bredemus. Verizon's antenna and ancillary equipment will be mounted at the 270'elevation. The tower will be capable of holding four additional co-locators at lower elevations.The tower will be enclosed within a 75' x 75'fenced area within the 100'x 100'lease area. Within the compound,Verizon will install its ground equipment along with a generator and hand hole/pull box for its fiber equipment.The compound will be enclosed by a fence and accessed only through a locked gate. The site is an unmanned facility;therefore, no water or sewage service is necessary.The tower and compound will be accessed from State Highway 77(see Exhibit A). If Sawyer County approves the Conditional Use Permit for TowerNorth and Verizon,the enhancement of Sawyer County's public safety system and the improved E-911 services from Verizon will improve public safety in the County. A few reasons for the need and benefit of the installation to the community are below: • More than 75%of prospective home buyers prefer strong cellular connections when buying a home(Rootmetrics,June 2015). • 35%of Americans reach for their smartphone first in the morning(CTIA,July 2015), underscoring the importance of in-building coverage. • In the United States,mobile data traffic will grow 7-fold from 2014 to 2019,a compound annual growth rate of 47%.(Cisco VNI Mobile Forecast Highlights,2014-2019,October 2015) • In the US,there are 355 million wireless devices for 319 million residents.(CTIA,"Facts and Infographics,June 2015�. Robust public safety services enhance the general welfare of the community by reducing emergency responder's response times to life/safety emergencies. SabrE IndustriEs� Towers and Poles December 21, 2022 Liz Rutkowski Site Development Manager TowerNorth 750 W Center St, Floor 3 West Bridgewater, MA 02379 RE: Proposed 275' Sabre Self-Supporting Tower for WI1020-A Hwy 77, WI Dear Ms. Rutkowski, Upon receipt of order, we propose to design a tower for the above referenced project for a Basic Wind Speed of 106 mph and 50 mph with 1.5" radial ice, Risk Category II, Exposure Category C, and Topographic Category t in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-H, "Structural Standard for Antenna Supporting Structures and Antennas". When designed according to this standard, the wind pressures and steel strength capacities include several safety factors. Therefore, it is highly unlikely that the tower will fail structurally in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within one or more of the tower members in the upper portion. This would result in a buckling failure mode, where the loaded member would bend beyond its elastic limit (beyond the point where the member would return to its original shape upon removal of the wind load). Therefore, it is likely that the overall effect of such an extreme wind event would be localized buckling of a tower section. Assuming that the wind pressure profile is similar to that used to design the tower, the tower is most likely to buckle at the location of the highest combined stress ratio in the upper portion of the tower. This would result in the portion of the tower above the failure location "folding over" onto the portion of the tower below the failure location. Please note that this letter only applies to the above referenced tower designed and manufactured by Sabre Towers & Poles. In the unlikely event of total separation, this would result in a fall radius less than or equal to 65 feet. �SCON Sincerely, .• •,� R. � i ERBST • : � E•38026 ; ° ''s=9: SIDUX CITY •�y� Amy R. Herbst, P.E. p�., IA Senior Design Engineer �`ps/ONA1-�NO\� �Z/2�1Z� I Sabre Towers and Poles• 7101 Southbridge Drive • P.O.Box 658 • Sioux City, IA 51102-0658 P: 712-258-6690 F: 712-279-0814 W:www.SabreTowersandPoles.com � MOUNTAIN,LTD. 26 E. Scranton Avenue, #188 Lake Bluff, IL 60044 January 23, 2023 Sawyer County Zoning Attn:Jay Kozlowski 10610 Main Street, Suite 49 Hayward, WI54843 RE: Wisconsin Statutes Chapter 66.0404 Mobile Tower Siting Regulations 2.B.(6)/ No Existing Structures that Achieve Verizon's Network Objective/Telecommunications Tower Facility on Parcel #57-024-2-41- 06-OS-2 03-000-000010/State Highway 77 Hayward,WI [HWY77 WI1020-A] � Dear Mr. Kozlowski, After evaluating Verizon Wireless's search area in which it is seeking to instafl new telecommunication antennas, no existing structures were located that would allow Verizon to achieve its network objective.As a result, the proposed telecommunications tower facility is required to allow Verizon to improve its customer experience and address its network objective. If you have any questions regarding this request, please contact me directly at (630)746-5433 or pQrav@ mounta initd.com. Sincerely, Trish Gray Agent on Behalf of Verizon Wireless MOUNTAIN LTD. _ _ . COMPLIANCE WITH SAWYER COUNTY CONDITIONAL USE PERMIT STANDARDS: CHAPTER 66 RE6ULATION SECTION 66.0404 MOBILE TOWER SITING REGULATIONS TowerNorth and Verizon have met all the standards pursuant to Wisconsin State Statute Chapter 66 General Municipality Law Subsection IV Regulation Section 66.0404 Mobile Tower Siting Regulations. Per conversation with Jay Kozlowski,Sawyer County Zoning&Conservation Administrator,the Sawyer County Ordinance is out of date and the Wisconsin Statute should be used in conjunction with the Sawyer County Conditional Use Public Hearing Application. Therefore, granting TowerNorth and Verizon's requested conditional use permit approval is the only appropriate determination. Subdivision 2: New Construction or Substantial Modification of Facilities and Suppart Structures A. Subject to the provisions and limitations of this section, a political subdivision may enact a zoning ordinance under s. 59.69, 60.61, or 62.23 to regulate any of the following activities: 1. The siting and construction of a new mobile service support structure and facilities. 2. With regard to a class 1 collocation, the substantial modification of an existing support structure and mobile service facilities. * TowerNorth and Verizon's proposed installation falls under Subdivision 2.A.1 as a new mobile service support structure and facilities. B. If a political subdivision regulates an activity described under par. (a), the regulation shall prescribe the application process which a person must complete to engage in the siting, construction,or modification activities described in par. (a).The application shall be in writing and shall contain all of the following information: 1. The name and business address of, and the contact individual for,the applicant. * TowerNorth and Verizon have included this information (Page T-1, Exhibit A) 2. The location of the proposed or affected support structure. * TowerNorth and Verizon have included this information (Page LP, Exhibit A) 3. The location of the proposed mobile service facility. * TowerNorth and Verizon have included this information (Page LP, Exhibit A) 4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, intluding antennas, transmitters,receivers,base stations, power supplies,cabling,and related equipment associated with the proposed modifications. * Not applicable to this application 5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components,including antennas,transmitters,receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure. * TowerNorth and Verizon have intluded this information (Pages C-5 thru VW EX-1, Exhibit A) 6. If an application is to construct a new mobile service support strutture, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality,coverage,and capacity; is technically infeasible;or is economically burdensome to the mobile service provider. * 7owerNorth and Verizon have included this information (Exhibit C) C. If an applicant submits to a political subdivision an application for a permit to engage in an activity described under par. (a),which contains all ofthe information required under par.(b), the political subdivision shall consider the application complete. If the political subdivision does not believe that the application is complete, the political subdivision shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. * All conditional use permit conditions have been met and granting the conditionai use is the only proper decision pursuant to the County's ordinance. D. Within 90 days of its receipt of a complete application, a political subdivision shall complete all of the following or the applicant may consider the application approved, except that the applicant and the political subdivision may agree in writing to an extension of the 90 day period: 1. Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subjett to the limitations in this section, zoning ordinances. 2. Make a final decision whether to approve or disapprove the application. 3. Notify the applicant, in writing, of its final decision. 4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. * All conditional use permit conditions have been met and granting the conditional use is the only proper decision pursuant to the County's ordinance. E. A political subdivision may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under par. (b)6. ' Verizon has evaluated the feasibility of collocation within the search ring and provided a sworn statement with this applitation. (Exhibit C) F. A party who is aggrieved by the final decision of a political subdivision under par. (d) 2. may bri�g an action in the circuit court of the county in which the proposed attivity, which is the subject of the application, is to be located. * All conditional use permit conditions have been met and granting the conditional use is the only proper decision pursuant to the County's ordinance. G. If an applicant provides a political subdivision with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a struMure unless the political subdivision provides the applicant with substantial evidence that the engineering certification is flawed. * A Fall Zone Letter is included with this submission demonstrating that the tower is designed to collapse within a smaller area than the setback or fall zone area required. (Exhibit B) H. A political subdivision may regulate the activities described under par. (a)only as provided in this section. * No response needed. I. If a political subdivision has in effect on July 2,2013,an ordinance that applies to the activities � described under par. (a) and the ordinance is inconsistent with this section, the ordinance does not apply to, and may not be enforced against,the activity. * No response needed. Subdivision 3: Collocation on existing support structures * No response needed —does not apply to this application. Subdivision 4: Limitations * No response needed by applicant — Subdivision 4 pertains to the Limitations a political subdivision must abide by and is included for reference only. With regard to an activity described in sub. 2 a or a class 2 collocation, a political subdivision may not do any of the following: A. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers. B. Enact an ordinance imposing a moratorium on the permitting, construction, or approval of any such activities. C. Enact an ordinance prohibiting the placement of a mobile service support structure in particular locations within the political subdivision. D. Charge a mobile radio service provider a fee in excess of one of the tollowing amounts: 1. For a permit for a class 2 collocation, the lesser of$500 or the amount charged by a political subdivision for a building permit for any other type of commercial development or land use development. 2. For a permit for an activity described in sub. 2 a $3,000. E. Charge a mobile radio service provider any recurring fee for an activity described in sub. f 2� j�or a dass 2 collocation. F. Permit 3rd party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications. G. Disapprove an application to conduct an activity described under sub. 2 a based solely on aesthetic wncems. GM. Disapprove an application to conduct a class 2 collocation on aesthetic concerns. H. Enact or enforce an ordinance related to radio frequency signal strength or the adequacy of mobile service quality. I. Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the political subdivision which fall into disuse. There is a rebuttable presumption that a surety requirement of 520,000 or less complies with this paragraph. J. Prohibit the placement of emergency power systems. K. Require that a mobile service support structure be placed on property owned by the political subdivision. L. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting. M. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the political subdivision at less than the market rate, or to provide the political subdivision other services via the structure or facilities at less than the market rate. N. Limit the duration of any permit that is granted. 0. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in tollocation. P. Disapprove an application based on an assessment by the political subdivision of the suitability of other locations for conducting the activity. Q. Require that a mobile service support structure, existing structure,or mobile service facilities have or be connected to backup battery power. R. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial struttures. S. Consider an activity a substantial modification under sub. 1 s 1. or 2. if a greater height is necessary to avoid interference with an existing antenna. T. Consider an activity a substantial modification under sub. 1 s 3. if a greater protrusion is necessary to shelter the antenna from inclement weather or to connect the antenna to the existing structure by cable. U. Limit the height of a mobile service support structure to under 200 feet. V. Condition the approval of an application on, or otherwise require,the applicant's agreement to indemnify or insure the political subdivision in connection with the political subdivision's exercise of its authority to approve the application. W. Condition the approval of an application on,or otherwise require, the applicant's agreement to permit the political subdivision to place at or collocate with the applicanYs support structure any mobile service facilities provided or operated by,whether in whole or in part,a political subdivision or an entity in which a political subdivision has a governance,competitive, economic,financial or other interest. Subdivision 4:Setback Requirements * A Fall Zone Letter is included with this submission demonstrating that the tower is designed to collapse within a smaller area than the setback or fall zone area required. (Exhibit B) A. Notwithstanding sub. 4 r , and subject to the provisions of this subsection, a political subdivision may enact an ordinante imposing setback requirements related to the placement of a mobile service support structure that applies to new construction or the substantial modification of facilities and support structures,as described in sub. f�. B. A setback requirement may apply only to a mobile service support struc[ure that is constructed on or adjacent to a parcel of land that is subject to a zoning ordinance that permits single-family residential use on that parcel.A setback requirement does not apply to an existing or new utility pole, or wireless support structure in a right-of-way that supports a small wireless facility, if the pole or facility meets the height limitations in s. 66.0414 (2) (e) 2. and 3. � C. The setback requirement under par. f b�for a mobile service support structure on a parcel shall be measured from the lot lines of other adjacent and nonadjacent parcels tor which single-family residential use is a permitted use under a zoning ordinance. D. A setback requirement must be based on the height of the proposed mobile service support structure, and the setback requirement may not be a distance that is greater than the height of the proposed structure. Subdivision 5:Applicability. If a tounty enacts an ordinance as described under sub. j�the ordinance applies only in the unincorporated parts of the county, except that if a town enacts an ordinance as described under sub.f 2�after a county has so acted,the county ordinance does not apply,and may not be enforced, in the town,extept that if the town later repeals its ordinance,the county ordinance applies in that town. * No response needed.