ANACORTES — In the wake of a court decision over a cell phone tower that didn’t go city’s way, the City Council may ask a church Monday to explain why the proposed tower doesn’t violate the religious group’s existing agreement with the city.
T-Mobile, a Bellevue-based wireless communication company, wants to install a “monopole” tower at the Anacortes United Methodist Church’s property at the 2201 H Ave., in a residential neighborhood.
The church obtained conditional-use permit when it built in the neighborhood, but city officials say that permit doesn’t include a lease with a wireless company to instal a cell tower.
Last fall, the council denied T-Mobile a conditional-use permit to install the tower. But in May, the city lost a federal court battle, and a judge in Seattle ruled that the city’s ordinance violated the federal Communications Act.
However, both the city and the wireless company are awaiting on the Ninth Circuit Court’s review of the case law that the Seattle judge relied upon.
Meanwhile, the council Monday will discuss whether it should send a letter to the church about its original conditional-use permit. A draft of the letter asks the church to explain how the group isn’t violating its original agreement with the city by entering into the lease with T-Mobile.
Also, the council will discuss changes that the state Department of Ecology wants to see in the city’s Shoreline Master Program. For almost two years, the council has been working on changing its shoreline plan because parts of the existing plan didn’t survive a challenge at the Growth Management Act Hearings Board.
The council also is expected to make a decision on a pending appeal to restrictions the city imposed to building on an area on Anaco Beach Road where it overlooks Burrows Bay. The city has imposed a waiting period to ensure a steep bluff is stable before allowing a property owner to build three homes there.
Although the council will meet at 7:30 p.m., members will first gather in City Hall at 7 p.m. for a retirement party for Ian Munce, city planner and attorney.
Controversial cell tower on council agenda
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