BZA OK's tower variance

A communications tower in Bearcreek Township that became controversial when it was built without local approval took the last of several steps in that approval process Thursday night.

Members of the Jay County Board of Zoning Appeals voted 4-0 to grant a variance in height restrictions for the tower, which is located on the east side of county road 450 East, just north of county road 500 North.

The property is zoned commercial. Structures in commercially zoned areas are limited to a height of 50 feet by the county’s zoning ordinance.

The tower, which will be used for two-way radio communications by owner Ralph Godwin, Celina, is 245 feet tall.

Richard Haffner, who lives near the tower, said at Thursday’s meeting that he has been having problems with reception on his cordless phone since the tower was constructed in late January or early February.

He said he was advised by an official from the Federal Communications Commission that the problem could be solved by purchasing a special type of cordless phone.

Andy Godwin, Ralph Godwin’s son, said Thursday that the tower has been active only one time for a test and that it could not be causing the problems with Haffner’s phone.

Present at Thursday’s meeting were BZA members Don Loy, Steve Fennig, Carl Walker and Dennis Rodgers. Those four members approved the variance on the condition that the tower complies with all FCC regulations.

Although Godwin obtained permits from several federal agencies for the tower, he did not take the same steps locally — including obtaining proper zoning, a building permit and the height variance.

A request to rezone the land commercial from its previous agriculture status was approved by the Jay County Planning Commission and Jay County Commissioners with a recommendation that a fine be imposed.

A zoning ordinance violation cause was filed last month by the planning commission in Jay Circuit Court. Godwin admitted to the violation and paid a $200 fine and $84 in court costs.[[In-content Ad]]