Hearing before Zoning Board of Appeals likely

delayed until 10 December. 

I stopped at the Planning Office on Wednesday, 10/28 to review the contents of the MetroPCS application for variance file. 

I was informed that MetroPCS has (temporarily) withdrawn their application. Good news, right?  The answer is "yes" and "no." 

They withdrew this application, but they intend to reapply in time for the December 10, 2009 meeting of the Zoning Board of Appeals (ZBA).  If I had to guess, I would say that they recognized that their application was poorly written, and that it lacked much of the needed supporting documentation.

As an aside, I have to admit that I am pretty surprised that a large company, involved in the business of acquiring tower-sites, could have been so poorly prepared in this instance.  They had no problem obtaining a Temporary use permit in the City of Portage for their temporary wireless tower in August of 2009.  That application, and the materials which supported it(all available on the City of Portage municipal web site)  was well written, clear and complete.  The same is true of the materials related to their May 2009 variance request with the Kalamazoo ZBA.   

Did they think that the ZBA would ignore the ordinance, or the stringent requirments to obtain a use variance? 

If they are able to produce the needed documentation before November 12, then they will likely reapply for a hearing at the regularly scheduled meeting of the Zoning Board of Appeals on 10 December.  

We are dismayed by the fact that MetroPCS has twice delayed the public hearing of this issue.  At the same time, we're committed to making the most of the additional time available.

The planning office will maintain an active file relative to the proposed tower.  They will continue to receive and catalog letters and petition signatures.  If you haven't written to the ZBA to express your opposition, the time has never been better.

In writing to the ZBA member, remember that these are good folks, (civic-minded volunteers in fact) who are knowledgeable of the zoning ordinance, and committing to upholding it.   Their role is to interpret the law as it relates to this application.  Your interest and feedback helps them to guage the potential impact to our neighborhood.

Even though MetroPCS has withdrawn their application, their intent has not changed.  They will submit a new application, most likely on or before 12 November.  If and when they resubmit, we must be prepared to voice our opposition.

In the meantime, please continue to share your feedback.   In the last week, I have heard from several people who state that they have been spreading the word to friends and neighbors who were unaware of this important issue.

Please continue to get the word out.
Please write or email the member of the ZBA. 
Please remain vigilant. 
Please plan to attend the ZBA meeting on 10 December.

We will do our best to keep you posted!
 
 
GRAND RAPIDS PRESS:  MetroPCS withdraws requests for cellular antennas on GR steeple, school chimney.  Click here to read the story on MLive.com

This is an excellent story and very encouraging.  In summary, MetroPCS wanted to place cellular antennas atop a church steeple and school chimney.   The city planning requirements in Grand Rapids required MetroPCS to camoflouge these antenna.  MetroPCS stated that doing so would diminish the effectiveness of the antennas, and had intended to appeal on this basis.  It now appears that they will reevaluate the need for the new antennas. 
Picture
This photo may provide some context for the Grand Rapids request.  This photo depicts 3 new MetroPCS antennas atop the apartment building at 550 W. Crosstown Parkway in Kalamazoo.   As in Grand Rapids, MetroPCS had to seek a dimensional variance in order to install the antennas.  Minutes of the June 11, 2009 meeting of the Kalamazoo Zoning Board of Appeals (ZBA) indicate that MetroPCS felt their "application conform[ed] to the wireless section of the ordinance," and that it "appli[ed] to the spirit of the ordinance" as well.   The "wireless section" that he referred to is 4.2W in the zoning ordinance.  Paragraph 4 of that section deals with requirements related to collocating antenna(s) on existing structures.  It specifically requires that "the color of antennas blends with with existing structure and surroundings."


Take a look at the photo.  The antennas were painted to match the color of the brick.  MetroPCS represented that their new antennas atop this building would conform to the letter and spirit of the ordinance.  You be the judge.  Did they keep their promise?

I want to be clear on this.  I beleive the ZBA acted in good faith as it relates to the ordinance and to MetroPCS.  I also beleive that MetroPCS did not live up to this good faith, as is evidence by the ramshackle appearance of their new antennas at 550 W. Crosstown Parkway.

The minutes of the June 11 ZBA meeting also indicate that :
                                                           44 notices were sent to nearby residents
                                                           Nobody sent any response in opposition
                                                           nobody spoke in opposition

Compare this with what happend in Grand Rapids.  People spoke up in opposition.  The Press picked up the story, and MetroPCS recognized the wisdom in withdrawing their application.  I applaud their decision, and I call upon MetroPCS to make the same wise decision regarding their application for variance at 1609 Whites Rd in Kalamazoo.