October 21, 2019
The Miner County Board of Commissioners met in special session October 21, 2019 in the Miner County Courthouse. Members present: Roger Wentland, Tom Reisch, Garrett Gassman, Voni Durant, and Alex Protsch. Absent: none. Chairman Wentland called the meeting to order. The Pledge of Allegiance was recited. Motion by Reisch, seconded by Protsch and carried to approve the agenda.
The board approved the following claim for payment: Cardmember Services $359.99, Supplies.
The board recessed as a Board of Commissioners and reconvened as a Planning & Zoning Board. Chair Alex Protsch called the meeting to order. A hearing was held as advertised to consider the application of Cellular Inc. for a conditional use to construct a 309’ self-support lattice tower complete with macro cell site antennas radios and associated ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota. Those present for the hearing included Zoning Administrator Tami Severson and Rick Adams serving as an independent consultant for Verizon Wireless. Currently Cellular Inc. has an approved conditional use that was issued on November 7, 2017 for this site. Construction has not started on the tower under the effective conditional use which will expire on November 6, 2019. Therefore, Cellular Inc. is applying for a new conditional use to begin construction in the future. Mr. Adams explained the tower would be 300’ with a lightning rod of 9’. It meets all the setbacks and has been cleared with the FAA for the height of the tower. Verizon has put this tower back on the budget to be completed within the next year. Adams stated so many devices within our homes need the wireless service not just cell phone service.
Motion by Wentland seconded by Reisch that the following Findings be approved repealing the November 17, 2017 conditional use and approving the October 21, 2019 application.
STATE OF SOUTH DAKOTA) BEFORE THE MINER COUNTY
: SS BOARD OF ADJUSTMENT
COUNTY OF MINER )
IN THE MATTER OF THE APPLICATION OF )
CELLULAR INC., NETWORK CORPORATION d/b/a VERIZON WIRELESS
FOR A CONDITIONAL USE )
That the applicant, Cellular Inc. has made an application for a conditional use to construct a 300’ self-support lattice tower & 9’ lightening rod complete with macro cell site antennas and ground equipment on property owned by David & Ronda Gassman described as E2SE4 & E2W2SE4 of Section 24, T105N, R56W, Canova Township, Miner County, South Dakota.
That the proposed use of said realty is specifically prohibited by the zoning ordinance without applicant first obtaining a conditional use, for which they have applied.
That upon said application, notice of hearing was given as required by the Miner County Zoning Ordinance by mailing to the adjoining landowners and by publication.
That hearing upon said application was held on October 21, 2019 in the Commission Room of the Miner County Courthouse.
That the applicant, Verizon Wireless, was represented by Rick Adams.
That no person appeared in opposition to granting the application.
That a presentation in support of said conditional use and testimony on behalf of said conditional use was received at the hearing and that no testimony in opposition to the granting of the conditional use was received at the hearing.
NOW, THEREFORE, that application, testimony at the hearing, and arguments of individuals at the hearing all having been considered, it is the FINDING of the Miner County Board of Adjustment that the application of Verizon Wireless, Cellular Inc. for a conditional use be approved for the following reasons:
1) That the Miner County Board of Adjustment is empowered under Section 505 of the Miner County Zoning Ordinance to grant with conditions the conditional use and that the granting of the conditional use will not adversely affect the public interest.
2) That the Miner County Board of Adjustment certifies compliance with the specific rules governing individual conditional uses.
3) That the Miner County Board of Adjustment is able to make the applicable findings required by Section 505, Subsection 5 of the ordinance, which are considered prerequisite to the granting of a conditional use.
That the Board of Adjustment vote upon approval of such application was four (Reisch, Wentland, Durant and Protsch (Gassman abstained)) in favor thereof and none opposed thereto.
It is, therefore, ORDERED that said application be approved.
Dated this 21st day of October, 2019.
Alex Protsch, Chairman
Miner County Board of Adjustment
Susan Connor, Secretary
The board adjourned as a Planning Commission and reconvened as a Board of Commissioners.
Director of Equalization Tami Severson presented the following plat for consideration. It was moved by Protsch and seconded by Durant to adopt the following resolution.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MINER COUNTY, SOUTH DAKOTA, that the plat of LEIGHTON TRACT 1 IN THE NW ¼ OF SECTION 10, T 106 N, R 57 W OF THE 5TH P.M., MINER COUNTY, SOUTH DAKOTA, which has been submitted for examination pursuant to law, is hereby approved and the County Auditor is hereby authorized and directed to endorse on such plat a copy of this Resolution and certify the same.
Voting aye: Protsch, Durant, Gassman, Reisch and Wentland. Voting nay: none. Resolution adopted this 21st day of October, 2019.
Roger Wentland, Chairman
Miner County Board of Commissioners
Attest: Susan Connor, Miner County Auditor