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The federal government had a powerful hand in the Warsaw Board of Zoning Appeals decision-making process Monday.
The BZA considered a request for a use variance by Hand Industries and Wave One Communications for the erecting a microwave communications tower at 1301 N. Detroit St. The property is zoned C-3, commercial. The firm also plans to construct office facilities at that location.
Stephen Snyder, representing Hand/Wave One, told the board that their prohibition against any towers used for telecommunications along Detroit Street violates the Telecommunications Act of 1996.
"Federal Communication Commission regulations concerned with fostering competition in the telecommunications industry prohibit municipalities from discriminating against telecommunications providers offering similar services," Snyder said. "KCOnline has a tower in a C-2 district.
"The only reason you can have for denying this request is for public health and safety issues, and from what we have here, you don't have those issues," he said. "You really don't have a choice but to approve this request."
The site was selected because it provides line-of-sight access to both Kosciusko Community Hospital and Leesburg Elementary School, both of which are clients of Wave One high-speed microwave access to the Internet.
The request was approved 4-0, but board member Leigh Ann Zachary protested being forced to support the request.
"It's just not right that the federal government can tell us, who are responsible for protecting our community, what we have to allow, and what we can't," she said.
In other business, the board approved a request by Rod West, 734 E. Center St., for a special exception for a beauty and tanning salon on the first floor of the home and a residence on the second floor.
The board also denied a variance request from MedStat, 1540 Provident Drive, seeking a second free-standing sign at the rear of the building to provide better visibility from U.S. 30. The zoning ordinance permits only one freestanding sign per commercially zoned lot.
"We just amended the sign ordinance to allow one free-standing sign per lot and I'm not sure we want to come off of that," Zachary said.
New BZA member Bruce Woodward suggested redesigning a sign to affix to the side of the MedStat building closest to U.S. 30.
The board approved a special exception request of Randy and Tracey Patrick for residential use of a 40-acre tract on Hidden Lake, a area zoned C-4, commercial.
The board also approved a request by Kevin Shepard for a variance permitting a light industrial manufacturing facility at 306 Argonne Road, in a commercial district. The facility will manufacture orthopedic implants and instruments. No outside storage or processing will be permitted.
