An application for a conditional use permit has been tabled for further discussion during the Lyon County Commission’s weekly action session.
During Thursday’s meeting, Lyon County zoning and floodplain manager Sam Seeley presented two applications for approval by commissioners. The first application pertains to the erection of a new cell phone tower by AT&T west of Emporia on Road 190 between D and E.
The application was approved by the county zoning and planning board by a 3-1 vote, however, a formal petition of protest has been filed against the erection of the tower by local landowners in the area of where the tower would stand. One of the landowners, Rusell Osborn says there were several reasons for the petition, namely a concern for property value in the area if the tower were to be erected.
Commissioners essentially had three options for the application either they could approve it, reject it or table the item for further discussion. After a recommendation from Lyon County Commission Legal Counsel Marc Goodman, commissioners chose to table the item.
The reasoning for this is to delve into relatively new state statutes regarding matters such as this. While the tower meets all requirements at the local level, there was some uncertainty about what the new state laws, brought about in 2016, have to say about it.
Goodman advised commissioners to table the item so the commission’s legal counsel would have adequate time to look over the statutes and see the full extent of options available to commissioners. Seeley explains what commissioners are seeking to understand in regards to the state statutes.
Seeley adds, as it is not very often each year that new cell towers are discussed, unfamiliarity with relatively new statutes is not uncommon. The item will return to the Zoning and Planning Board and will come before commissioners again during their March 28th action session.
The second application was for a conditional use permit from Harshman Construction seeking to turn an area of land into a quarry. That item was approved 3-0.
In other business, Bruce Boettcher of BG Consultants updated commissioners on the work taking place at Rural Water District #1. Amy Welch of the Lyon County Noxious Weeds Department also sought approval of the 2018 Noxious Weeds Report.
The Lyon County Commission will next meet Thursday March 7 at 8 am inside the Lyon County Courthouse.
