After denying a cell tower request last November, Idaho’s Twin Falls County Commissioners changed direction and decided to approve the plans after all. As MagicValley.com reports, the reversal will allow the granting of a special use permit to Everest Infrastructure Partners and the Nancy Zebarth partnership. The permit will help clear the way for a 125-foot cell tower to be erected on Zebarth’s land.
The cell tower application has been an ongoing source of contention. Although the property is located within the city’s area of impact, some have argued that city zoning codes take precedence. However, the property is outside Twin Falls’ city limits, placing it under the jurisdiction of the county, which recognizes different Planning and Zoning criteria.
During the County Commissioners meeting, the commissioners said that they had been moved by residents who lobbied against the cell tower, but have been persuaded that approving the cell tower plans is the correct legal decision. “The crux of the issue is, ‘What can we legally look at?'” stated Commissioner Brent Reinke. He noted that he and others believe that the Telecommunications Act of 1996 points to the wisdom of approving the plans. The commissioners also hope to avoid involving Twin Falls in a legal battle with Everest Infrastructure Partners, according to MagicValley.com.
“We’ve learned some valuable lessons here [about] how to move through these processes in the future,” said Commissioner Jack Johnson. The board indicated that it will carefully consider the various factors that go into reaching future cell tower decisions, and urged local legislators to update ordinances to be more receptive to community concerns.
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