A decision to deny a permit for a cell tower in Sitka has been upheld by a judge from the Alaska Department of Administrative Hearings.
Earlier this year, Tidal Network, a wireless service provider run by the Central Council of Tlingit and Haida Indian Tribes of Alaska applied for a variance to build a 120-foot-tall cell tower in the Nancy Court neighborhood.
Typically, Sitka General Code limits the height of structures like towers to 35 feet in residential zones. In April, the city’s planning commission denied the request for a variance, citing restrictions in zoning code. The commission also found that Tidal Network failed to demonstrate that a 120-foot tower would be the “least intrusive means” of closing a service gap, and failed to prove that there were no alternatives to the Nancy Court lot the company had zeroed in on.
Tidal Network appealed the decision. Typically the Sitka Assembly would hear such an appeal, acting as the “Board of Adjustment.” But too many assembly members were unable to hear the appeal due to conflicts of interest, and the issue was taken to the Alaska Department of Administrative Hearings instead.
In August, Judge Max Garner heard Tidal Network’s appeal in a public hearing in Sitka. Judge Garner heard testimony from the city and Tidal Network, as well as an attorney representing a group of neighbors, “Sitkans For Safe Tech,” who oppose the tower’s construction.
In a 22-page decision on October 1, Judge Garner upheld the planning commission’s decision to deny the variance. Garner said that Tidal Network seeks a variance not because of an issue with property itself, but rather because it wants to use that property “in a manner inconsistent with the restrictions” in a residential zoning district. The commission’s denial, he said, should be affirmed.
Read Judge Garner’s full decision here.
