HomeMy WebLinkAboutAgenda Item - 2025-07-01 - Number 05.0 - Public Comment Registration LAEO EJ.O
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Are you part of an organized presentation? _Yes)( No Are you part of an organized presentation? _Yes >`'Tlo
If yes, list speakers in order of presentation: If yes, list speakers in order of presentation:
The Mayor will call you to the microphone at the appropriate time. The Mayor will call you to the microphone at the appropriate time.
SUBMIT THIS FORM TO THE CITY RECORDER SUBMIT THIS FORM TO THE CITY RECORDER
My name is Ben Adams. I'm here today to formally raise concerns about the telecommunications tower at
1235 Overlook Drive—also known as Crown Castle Site#879619.
This tower, located at Lakeridge High School, was approved in 1997 under Building Permit 97-0472. The
City has categorized it as a "collocation" exempt from Conditional Use Permit requirements. However,
after carefully reviewing the public record, we believe this tower was never legally permitted as a
collocation and was, in fact, a new telecommunications facility. That means it should have required a
Conditional Use Permit under Ordinance 2144 just like any other new tower in a residential zone.
The original 1997 lease with the Lake Oswego School District clearly states the intent to replace a field
lighting pole with a steel monopole for telecommunications. The building permit itself describes the project
as a new"monopole cellular transmission tower."This was not a simple collocation on an existing
structure. It was the installation of a new tower—something that Ordinance 2144 explicitly required to go
through a public Conditional Use Permit process.
Yet, per the City Planning department that process never happened. No public notice, no zoning review,
and no Section 106 historic review—even though the site is directly adjacent to a designated historic
home.
More recently, in May of this year, the City issued a Stop Work Order on the Verizon project at the site,
stating it did not qualify for federal 6409(a) streamlining. But just a few weeks later, that order was lifted—
based on a federal definition of"tower"that we believe does not apply here, since the structure has been
dormant and unused for years and not legally permitted in 1997. We believe this STOP work order was
lifted prematurely.
Even if this tower had been legally permitted—which it wasn't—it would still not qualify for 6409(a)status
because it's not an active or operational wireless facility. Federal law makes clear: 6409(a) cannot be
used to revive decommissioned or abandoned structures to bypass local review, particularly those that
were not legally permitted.
We respectfully ask the City to:
1. Declare the structure not legally nonconforming under the zoning code;
2. Require Verizon's application to be processed as a new facility;
3. Enforce retroactive compliance with Ordinance 2144—including public notice, a Conditional Use
Permit, and full zoning review.
The City's inconsistent enforcement of land use rules— permitting a telecommunications tower without
proper public review while imposing stringent design and use restrictions on a nearby historic property—
has resulted in a diminution of our property value. This decision imposes a negative externality on our
home, a listed historic property, without due process or mitigation. Moreover, it may constitute a form of
regulatory taking by burdening our property rights and investment-backed expectations while benefiting a
third party.At a minimum, it demands equitable treatment and a full public review process.
We have also created an online petition. Please see the attached link for more information:
https://chng.it/dxLNgJdFN7
Thank you for your time and attention. We're happy to provide documentation or answer any questions.
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