5.29.26 BOA minutes

Marquette County Board of Adjustment May 29, 2026 – Marquette County Courthouse, Public Safety Room Members present: Mary Walters-Chair, Lance Achterberg, Adam Malsack, Fred Wollenburg. Others present: Jean Potter, Zach Hughes, Sean Griffin-Corporation Counsel, Elizabeth Herington-Smith, CityScape Consultants Inc., Ben Evans, CityScape Consultants Inc., Peter Schau, Kent Fish Public Participants List attached separately. The Chair called the meeting to order at 1:00pm. Member introductions made by Chair. Chair asked for a motion to approve the minutes of April 30, 2026, Board of Adjustment hearing. Motion by Achterberg, second by Chair. Motion carried: 3-0. The Chair explained instructions for hearing procedures. Potter explained appealing a Board of Adjustment decision. Kent Fish, W9050 Hilltop Rd., Portage, WI 53901 requested a variance under Sec. 8.0.8(C) of the Marquette County Code of Ordinance Chapter 62 -Comprehensive Zoning for the construction of a dwelling at a reduced setback to a lot line, legally described as Lot 18 of Assessor’s Plat No. 1 of the Town of Mecan, Section 22, T15N R11E, Town of Mecan, Marquette Co., WI. Property Address listed as W177 Laun Drive . Chair summarized the application materials. Discussion held with applicant. Video was shown. Chair opened the public hearing. Chair called on Diane Thompson, W181/185 Laun Drive, who spoke in support of the variance. No one, in person or remote, spoke in opposition. Chair closed hearing and the board deliberated. Board voted 3-0 to approve the variance request. Reasons for approval included unique size of lot; platted lot is unnecessarily burd ensome at a width of 40 feet; home is currently uninhabitable and the replacement of the structure brings the dwelling and septic system up to current code standards with positive impact on the neighborhood ; and the 75 feet setback to the waterline meets with current shoreland ordinance standards. Don Eve Incorporated, PO Box 327, Pardeeville, WI 53954 and TowerNorth Development LLC/Verizon Wireless, 2400 Ansys Drive, Suite 102, Canonburg, PA 15317 requested a special exception under Sections 4.0(U) and 8.0.5(D)(12) of Chapter 62-Comprehensive Zoning and Sec. 4.0 of Chapter 65 -Mobile Service Support Structures and Wireless Communication Facilities within the Marquette County Code of Ordinances for the construction of a new mobile service support structure, legally described as a parcel of land located in SE corner of NW-NE being 20 rods E-W by 34 rods N-S less CSM 2110, located in NW-NE Section 21, T15N R11E, Town of Mecan, Marquette Co., WI. Property Address is W622 Fox Ct. Peter Schau, Terra Consulting Group, was in attendance representing the applicants. Sean Griffin, attorney with West & Dunn, was in attendance representing Marquette County corporation counsel. Elizabeth Herington-Smith and Ben Evans, CityScape Consultants, Inc., were in attendance remotely as county-hired consultants . Chair summarized the application materials. Schau presented an overview of the application materials. Discussion held with applicant s’ representative. Video was shown. Chair opened the public hearing . Ten public participants, sign-in sheet attached separately, spoke in opposition to application. No one, in person or remote, spoke in favor of application. Chair closed public hearing. Chair proposed the following conditions to special exception, if approved , 2nd by Malsack. 1) Before permitting, the Applicant shall submit a full structural analysis report, signed and stamped by a Wisconsin- licensed structural engineer, certifying that the tower will support the Applicant’s antennas and ancillary equipment and similar equipment f or as many additional wireless providers as deemed practical to accommodate; 2) At County’s discretion, the tower shall be left with a galvanized steel finish or painted a color deemed the least visually obtrusive; and, 3) Before permitting, the Applicant shall send a request to the FAA to revise its no-hazard determination to specify that the structure is to be lighted in accordance with Chapters 4 and 8 (Medium - Dual) & 15.” Motion passed 3 -0. Board voted 3-0 with conditions to approve the special exception for the following reasons. Board members clarified that health and RF safety issues fall under FCC jurisdiction and cannot be considered in zoning decisions. The board confirmed setback requirements, noting a minimum of 35 feet from property lines for the property zoning district. Applicants’ representative confirmed the tower is designed as a lattice self -support structure with landscaping to minimize visual impact. County-hired consultants confirmed that all structural and regulatory conditions, including FAA lighting and painting, were met or addressed in the application. County-hired consultants independently reviewed the application to ensure compliance with county ordinances and state statutes, representing public interests without ties to the applicant. Board members acknowledged the lack of cell phone coverage in the area and the potential public safety benefits of the tower. Concerns about property value impacts were noted but recognized as outside the board's zoning criteria. Applicant’s review of the search area for site selection and existing nearby towers justify the location as proposed. Other Business: Potter noted the next hearing will be held July 30, 2026, as there was a lack of applications for a June hearing. Meeting adjourned 2:54pm