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that their proposed location, height, or design were the only ones which' would <br /> would allow their network to function. In the face of community Opposition, the <br /> providers' staunchly held assertions for the above needs have been revised. Lane <br /> Code contains a similar provision regarding denial of applications which contain <br /> false of misleading information.' See'Attachment E, Lane Code 14.700(3)(iii). <br /> <br /> EC 9.5750(7). <br /> Standards for Transmission Towers and Antennas. <br /> EC 9.5750(7)(a) Separation between transmission towers. <br /> Based on the data cited above regarding RF footprint size for PCS sysytems, the <br /> required minimum separation between towers should be at least 2600 feet. <br /> <br /> EC 9.5750(7)(c) Collocation. Current code language allows applicants to meet <br /> standard by merely stating in the application that their tower is' DESIGNED to <br />· accomodate collocation. Code should be revised to require that the proposed <br /> design be independently reviewed and approved by a qualified RF engineer as <br /> having the capacity to accomodate collocation by most telecommunications <br /> providers. SR 01-33, Master Towers, a stealth tower which the applicant claims is <br /> designed for three providers, was approved by the City. Not long after its approval, <br /> Mericom submitted a preapplication for a tower only 400 feet from Master Towers <br /> site, stating that Mericom needed an additional new tower because Master Towers' <br /> design would not accomodate their needs, specifically, that "the, proposed flagpole <br /> tower would not have sufficient diameter and drcumference to place Verizon's <br /> antennas inside the flagpole." <br /> <br /> EC 9.5750(7)(d) Setback. <br /> In terms of preserving property values and protecting the City from lawsuits, this is <br />the MOST IMPORTANT provision of the entire code on telecommunications facility <br />siting. Howard Richter & Associates, a 26 year-old Chicago real estate appraisal <br />firm, found as much as 15% devaluation in homes within 270 feet of a cell tower. <br />To illustrate from a recent local example, within 270 feet of a proposed site on River <br />Road, there are approximately 30 homes. The average sale price for a home in the <br />Eugene area is currently $153,860 (£ugene/~'G, 2/3/02). 'A 15% devaluation is <br />equal to a loss of value of $23,079 for each home, or a neighborhood total of <br />$692,370. <br /> A quote from the Chicago Tribune 2/1/99: "the bigger issue that has municipal <br />leaders closely watching the case is potential liability of villages that have allowed <br />such towers to be built" In North Barrington, IL, 21 residents sued the Village of <br />North Barrington and Ameritech Mobile Communications for property devaluation' <br />in January of 1999. The final Outcome of that case was not available 'at the time of <br />this writing. In Harris County, Texas, a jury ordered GTE Wireless to pay $1.2 <br />million to a Hooston couple who sued for nuisance, mental anguish, and property <br />devaluation after a 100 foot cell tower was constructed.20 feet from their property <br />line. The City. was also named in the lawsoit, but settled out of court for an <br />undisclosed amount It would seem in the best interest of the City of Eugene to <br /> <br /> IV-79 <br /> <br /> <br />