County denies cell phone antenna

CellularOne is likely to appeal a Deschutes County decision denying a cellular phone antenna in a subdivision on Wild Horse Ridge above Sisters.

County Hearings Officer Karen Green agreed that the 35-foot single-pole antenna proposed for the property of Raymond and Doris Hart would be lower in height than surrounding trees, essentially invisible to neighbors and have minimal "operational and visual impacts."

But Green was concerned that "not every cellular telephone facility may be as unobtrusive as the applicant's, and clearly many will not be..."

Therefore, she argued, if such sites are to be allowed in the RR-10 Zone, the county should "amend (the zoning ordinance) specifically to permit them (in the RR-10 Zone) and establish standards for their siting."

After a site visit, Green determined that the visual impact of the cell phone antenna would "be entirely compatible with the rural residential use of the zone," and in fact, the entire installation would "be much more harmonious than the large metal barn located on the property to the north of the subject property."

But she denied the application on her interpretation that county code allows utility facilities to be sited in an RR-10 Zone only to serve the rural residents of that RR-10 Zone, and the cell phone tower would serve a much larger market.

Jeffrey Dunham, Project Manager for CellularOne, said they are likely to appeal.

"We were granted approval by the community development department. The hearings officer aggreed with our efforts. We thought this was a done deal," Dunham said.

If the appeal of the Wild Horse Ridge site is turned down, the company is looking at putting in three or four antennas to get the same coverage, Dunham said.

Normally, the next stage of an appeal would be to the Deschutes County Board of Commissioners. However, new restrictions on how long it takes the county to decide a case may force the issue directly to the state Land Use Board of Appeals.