Board debate centers on whether $2,400 colocation makes a tower 'available' under code
Board members and staff debated whether an American Towers LLC colocation offer at $2,400/month should be treated as an 'available' site under city code. Staff said availability requires a willing lessor on 'commercially reasonable' terms; the city said it lacked evidence to determine commercial reasonableness.
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A key point in the Board of Adjustment hearing over SE25-0005 was whether a nearby American Towers LLC site constituted an "available" colocation alternative under the city code. Emily Johnson read the code definition to the board: "Available means a tower, site, or antenna support structure which has a willing lesser or seller who is willing to lease or sell its property on commercially reasonable terms and is a technologically feasible alternative to a proposed tower site or antenna support structure."
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