Agenda - Planning Commission - 12/04/2003

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Page 8 -- October 25, 2003 8~ Telecommunications -- phOne tower will be visible for miles along state riverway Park service and others ask county to protect area history and aesthetics WISCONSIzN~ (09/08/03) -- Voicestream Minneapohs Inc. applied for a spe- cial exception permit to construct and operate a telecommunications tower. Voicestream wanted to ptace its tower on a bluff overlooking the Lower S t. Croix National Scenic Pdverway. The National Park Service owned and man- aged the dverway, which was designated as a protected area for its outstand- ingly remarkable scenic, recreational, and geologic values. Directly across the river from the proposed site was the St. Croix Historic District, the site of the first sawmill in M/nnesora. Ln order to facilitate its permit, Voicestream conducted a crane test, where a crane was extended to the tower's proposed height. However, after the crane test, the county voted to deny the application. Voicestream appealed, arguing the denial violated the Telecommumcafions Act. DECISION': Affirmed. The board's denial was approphate. Nothing in the Telecommunications Act forbid local authorities from ap- plying general and nondiscriminatory standards derived from zoning codes. UltLmately, aesthetic harmony was a prominent goal underlying almost every such code. Substantial evidence supported the county's conclusion that the design and location of the proposed tower would have an adverse visual impact on the Lower St. Croix Pdverway and surrounding area. Numerous citizens and organizations expressed their specific aesthetic con- cerns, specificatly focusing on the proposed tower's visibility from up to four miles away. The county's determination that the proposed tower would ad- versely impact ~e aesthetic harmony of the nverway was grounded on the specifics of the case, not on speculation or conjecture. The county, conducted an onsite investigation, and a map prepared by the park service based on Voicestream's crane test documented that the 185-foot tower would be visible for several mi/es. Photographs taken during the crane test by local citizens showed the proposed tower would dominate the land- scape of the bluff overlooking the waterway. Finally, park service representa- tives, tocal residents, and various state and local entities testified the tower would interfere with the area's un/que scenery. Citation: Voicestream Minneapolis bworporated v. St. Croix County, 7th LSS. Circ~ir Co~rr of Appeals, No. 02-2889 (2003). The 7th Circmz has j[~risdicrion over Illinois, Indiana, and Wisconsin. see also: NeYv Par v. Ci~, of Saginaw, 30~ F. 3d 390 (2002). see also: AT&T Wireless PCS [nc. v. Winszo~-$alem Zoning Board of Adjuszme~r, ]72 F. 3d 307 (t999).