Drew Tower Letter 20100805.tif i
DREW LAW FIRM
1555 WASHINGTON STREET - P.O. BOX 462
BLAIR, NEBRASKA 68008
PHONE: 402- 426 -2636 FAX: 402- 426 -2777
GREGORY P. DREW DAVID V. DREW
GPDrew @huntel.net DVDrew @huntel.net
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August 5, 2010
Geoffrey C. Hall
Hall Law Offices
P.O. Box 216
Blair, NE 68008
RE: Nonconforming Use Limited Extension
Blair Telephone Company
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Dear Mr. Hall:
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This firm represents Elmer Adams in his opposition to Nonconforming use limited
extension application submitted to the City of Blair by the Blair Telephone Company to permit
the continued operation of a cellular telephone tower. The tower was previously operated
pursuant to a conditional use permit that was issued by Washington County, which was honored
by the City of Blair when the area was brought within its zoning jurisdiction. Mr. Adams owns
the property directly north of the tower. This letter will outline our legal objections to the
Nonconforming Use Limited Extension that we intend to raise at the August 10, 2010 City
Council Meeting.
On August 3, 2010 the Planning Commission passed a motion to approve the application
for a term of 5 years based on the City administration' advice that this application conformed to
Section 1208 of the City of Blair Zoning Regulations. This advice is an incorrect reading of the
Regulations.
1. The tower is a nonconforming structure and not a nonconforming use, making Section
1208 inapplicable.
2. Section 1208, Paragraph 1 requires that the extension be temporary in nature. During the
public hearing on this issue at the Planning Commission meeting, the applicant indicated
that they ever intend to move the tower and cease operation of the tower. In fact, the
applicant indicated that doing so would be cost prohibitive. Section 1208 is intended for
a different type of situation.
3. Section 1208, Paragraph 1 requires that the use may be removed or discontinued without
any alteration of the premises. Here, the requested use is the telephone tower. Obviously
the removal of a 320' tower with three anchors would alter the premises.
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4. Section 1208, Paragraph 6 requires that all other conditions and requirements of the
current zoning regulations must be complied with in their entirety. The existing tower
exceeds the maximum height, which is 150 feet. The existing tower also does not meet
the setback requirements, which include the minimum yard requirements plus 1 foot per
each foot of tower height. This tower does not meet this requirement.
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In summary, the application by the telephone company does not meet the intent or
technical qualifications of Section 1208. I ask that you discuss these issues with the City
Administration and reconsider your position. Please do not hesitate to contact me with any
questions.
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Sinc rely,
David V. Drew
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CC. City Council Members
Phil Green, Assistant City Administrator
Shawn Hanson, Blair Telephone Company
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