Board of Adjustments

Board of Adjustments February 22, 2024 Third Floor County Board Room Call Meeting to Order: Kyle Noonan, Taylor County Zoning Administrator, called the meeting to order at 9:00 a.m. Members Present: Stanley Schmidt, James Livingston, Jon Rief, Sue Swiantek. Other Attendees: Kyle Noonan, Paul Socwell, James Remington, Rob Viera, Chuck Zenner, Richard Halopka, Casey Belgram. Elect Chairman: The first item of business was to elect a Chair for the meeting. It was moved by Livingston, seconded by Rief, to elect Stanley Schmidt as Chair. A unanimous vote cast, the motion carried. Approve Agenda: A motion was made by Livingston, seconded by Rief, to approve the agenda. A unanimous vote cast, the motion carried. Call Public Hearing to Order: Schmidt called the Public Hearing to order at 9:01 a.m. Mr. Noonan read aloud the public notice. Administrator gave timeline of occurring events. Application was received October 2, 2023; denied October 4, 2024 with option to seek variance; variance request received January 25, 2024; Notice of public hearing posted and all parties notified on February 1, 2024; and Notice in Star News February 8 and 15, 2024. No written comments were submitted. Administrator gave staff report overview of what is seen currently on the property. The purpose of this variance request is for approval to exceed height limitation by 77’ to construct a wireless communication tower structure on the Paul & Michelle Socwell property. The property is described as the S1/2 of Govt. Lot 3, excluding the East 10 acres of Section 19, Town 30 North, Range 2 East (parcel #010-00350-0000), Town of Deer Creek. James (Jake) Remington, Senior Counsel, with Husch Blackwell, gave his proposal on behalf of the applicant Vertical Bridge, to vary the Taylor County Airport Height Limitation Zoning Ordinance: Chapter 35.07(2), Height Limitation Zoning. Mr. Remington stated in support of this request, they have submitted materials showing unnecessary hardship, that hardship is due to unique physical limitation of property, and no harm to public interest. Also provided propagation plot maps to show existing coverage as well as the coverage that would be provided with the new tower. He also mentioned there would be sufficient space available on the tower to host other carriers. Charles Zenner, Chairman for the Airport Committee, stated that the Airport Committee was unanimously opposed to the new tower out of concern for the safety of the airport. Their suggestion was to move the tower to another location. Rob Viera, Buell Consulting, stated moving the tower to a different location wouldn’t be suitable for coverage. Richard Halopka, Supervisor Town of Deer Creek, asked if the tower has been approved by the FAA. Remington stated it was reviewed by the FAA and was determined there is no threat to the airport and that it is required to be lighted and marked. After much discussion a motion was made by Rief, seconded by Livingston, to close the hearing at 9:31 a.m. for deliberation and decision by Board of Adjustment. A unanimous vote cast, the motion carried. Deliberation and decision by Board of Adjustment: The Board of Adjustments reconvened at 9:39 a.m. Schmidt discussed the three criteria for granting a variance: • Unnecessary Hardship: Schmidt stated the Board of Adjustments didn’t feel there was any hardship. Anytime we can enhance something for our community and tourism it’s our obligation to do so. • Hardship due to unique physical limitations of the property; Schmidt said this follows the same theme as unnecessary hardship. Taylor County has been underserved for far too long. • No harm to public interests; Schmidt stated this would not be harming public interests, instead enhancing it. A motion was made by Livingston, seconded by Rief, to approve the variance as submitted. A unanimous vote cast, the motion carried. Adjournment: A motion was made by Livingston, seconded by Reif, to adjourn at 9:41 a.m. A unanimous vote cast, the motion carried. Secretary: Casey Belgram [NOTE: THESE MINUTES HAVE BEEN REVIEWED AND ARE BEING PUBLISHED PRIOR TO COMMITTEE OFFICIAL APPROVAL DUE TO THE INFREQUENCY OF MEETINGS.]