SOUTH HUTCHINSON, Kan. —The South Hutchinson City Council Monday evening voted 5-0 to override the city planning commission's recommendation, effectively prohibiting a proposed cell tower from Harmoni Towers from being built near Crupper's Corner barring any potential legal action.
AT&T had wanted the new tower so that it could remove its equipment from an existing tower owned by SBA Towers V, LLC.
"The primary reason for opposition expressed by various members of the governing body was the violation of the setback requirements stated in our land development code," said South Hutchinson City Manager Joseph Turner. "There were also reservations about the aesthetic impacts."
Representatives for the applicant argued that the city council could not legally prevent the building of this tower and effectively conceded the point that additional towers in the immediate area would be legally permissible according to federal law.
The city council said that the requirement it be where the applicant wanted it wasn't true.