City Oks Zone Change For Cell-Phone Tower Adjacent Landowner May Appeal Action To Court In/Around: Lincoln Heights

Thu., Feb. 17, 2000

By Mike Prager mikeprager15@gmail.com (509) 459-5454

The Spokane City Council voted 4-3 Monday to allow a zone change for property slated for a new cellular telephone tower in Lincoln Heights.

The vote came after neighboring property owner Anson Avery appealed a decision last year by the city hearing examiner granting a zone change and special permit for a tower.

Council members Roberta Greene, Rob Higgins, Phyllis Holmes and Cherie Rodgers voted to reject the appeal brought by Avery.

Their vote effectively concurred with the hearing examiner’s approval of the zone change from residential to business use.

Mayor John Talbott and council members Steve Eugster and Steve Corker voted to grant the appeal and reverse the hearing examiner’s decision.

Property owner Rod Michaelis has sought a zone change and special permit to erect a 90-foot tower for Sprint PCS and AirTouch Cellular at 2715 E. 31st.

He has argued the tower is needed to improve telephone coverage in the Lincoln Heights area.

“We were pleased,” Michaelis said Tuesday. “We thought it was the right decision.”

However, the fight over the cellular tower is far from finished, apparently.

Avery has filed a lawsuit in Spokane County Superior Court seeking to block the special permit approved by Hearing Examiner Greg Smith in conjunction with the zone change.

Michaelis said the lawsuit could be decided as early as next month.

Avery also has filed an adverse possession lawsuit against the Michaelis property seeking to take title to a piece of parking lot straddling their adjoining parcels.

On Tuesday, Avery said he was pleased he got three votes from the City Council on a land-use appeal even though he lost the decision. He said he might appeal the council ruling to court.

“I don’t quit,” he said. “I believe I am still going to win.”

He has argued that a cellular phone tower is inappropriate for a single lot near homes and offices. He runs his accounting business and owns additional business property adjacent to the proposed tower site.

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