City approves cell tower near Hitachi

The Jefferson City Board of Commissioners approved a cell tower near U.S. 54 despite a neighbor's concerns that he might experience an episode of Seinfeld.

Eric Opperman said he was worried the red light from the tower would illuminate his house.

“I don’t want to wear sunglasses at night,” he said.

Thomas and Karen Scheppers have requested a conditional use permit and setback variance for the property they own on what the city calls “Callaway County Road 4036.”

The property is located just east of US 54 and the Katy Trail-North Jefferson City trailhead. The Scheppers submitted the application on behalf of Cellective Solutions LLC, a consulting firm that represents T-Mobile and helps obtain zoning and building permits.

T-Mobile wants to add a 145-foot monopole tower on the north side of the property with a 4-foot lightning rod, making the entire structure 149 feet tall.

The city requires conditional use permits for towers taller than 70 feet and for a tower of that height to be set back from the property line by at least 95 feet, according to the city's planning department . However, T-Mobile would like the tower to be just 88 feet from the property line, which would require a setback variance.

Russell Been, owner of Cellective Solutions, attended the board of adjustment with more information about the tower and its customer, T-Mobile. He said the reason T-Mobile wants to install a cell tower on that property is to provide service to Hitachi Energy, which is a few thousand feet south of the tower's proposed location. He said if the tower were located on the east side of Highway 54, about 500 feet away, service to Hitachi would be significantly reduced.

The board's vote of approval came with two conditions: The tower will need a red light and must comply with flood plain regulations because the property is in the Missouri River flood plain .

The light will always be on, as opposed to a flashing light, Been said. He added that he intends to review the FAA's recommendations regarding cell tower lighting.

Jessica and Eric Opperman live about 350 feet from the proposed tower location. The Oppermans also attended the Board of Adjustment meeting Tuesday and voiced their concerns.

Jessica Opperman said she and her husband were concerned that a nearby cell tower would diminish their property value and their enjoyment of their home.

She said the tower would be nestled in a large grove of trees, blocking off most of the tower during the summer and spring months, but would be visible in the winter and fall. She said several rooms in her home overlook the bluff and she enjoys the currently stunning view of the Missouri River and the state Capitol building.

“When it comes to our property value, the perception of that could be a problem for our property value. And some people certainly might reconsider – and maybe we would have reconsidered – purchasing the property if the cell tower was already there,” Jessica Opperman said.

She said she would prefer the tower to be shorter or slightly further south so it wasn't directly in line with her house.

When board Chairman Drew Hake asked Been to address Jessica Opperman's concerns about the tower's height, Been said a shorter tower would not provide T-Mobile with the coverage it desired.

“We would go bigger if we could,” Been said.

Eric Opperman agreed with his wife.

“This is our dream retirement home, I have five years left and I'm done with the rat race. I don't know if we would have bought it if we knew it was going to go up,” said Eric Opperman.

He added that he was particularly concerned about the red light that would be emitted from the cell tower. He said he didn't want a constant red light shining in his house and referenced an episode of Seinfeld in which a restaurant sets up across the street from Kramer's apartment with a red neon chicken on it. the roof, directly lighting his apartment.

“There’s not a day that goes by that there’s not something Seinfeld related,” Eric Opperman said.

Board member Jim Crabtree said he was only aware of cell tower lights projecting up and out rather than down and toward homes. So he doesn't expect the lighting to have a serious impact on the Oppermans.

The Federal Aviation Administration (FAA) determined that the tower would not present a hazard to air navigation, according to city documents.

Board member Roy Michael pointed to the FAA code stating that any tower 150 feet above the ground would cause “substantial adverse effects” and pose a danger to air navigation. He noted that the T-Mobile tower will be 149 feet tall.

“That’s 1 foot, it looks like you’re just trying to go directly under the bureaucratic limit of 150 feet,” Michael said.

Additionally, the city prohibits towers taller than 150 feet “unless the applicant clearly demonstrates that such height is required for the proper operation of the applicant’s system.”

T-Mobile was confirmed to be determined at a height of 149 feet.

“You’re absolutely right, we are exactly 1 foot below where we need to be,” Been said.

Cellective Solutions represents several other telecommunications companies, including US Cellular, Sprint, Verizon Wireless and AT&T. He said the FAA requires towers taller than 200 feet to be lit.

“Out of the 400 towers I've built in the last three years, 385 of them were 199 feet. It's just to get as tall as possible without having to go all the extra,” Been said.

Planning Manager Eric Barron said T-Mobile would need a temporary permit from the FAA if the construction equipment needed to install the tower was taller than 150 feet.

“If you have a crane to put up a tower, you'll probably be higher than 150 feet,” Barron said.

The board ultimately voted 4-1, with board member Katy Lacy the lone dissenting voice. Lacy said she voted no because of Opperman's testimony.

Board of Adjustment decisions do not need to go through the Jefferson City Council for approval.