Schomaker v. Zoning Hearing Board of the Borough of Franklin Park, Borough of Franklin Park and Voicestream Pittsburgh, L.P. d/b/a T-Mobile, PICS Case No. 10-1975 (Pa. Commw. May 21, 2010) Brobson, J. (17 pages).
Appellee T-Mobile requested a variance from the Zoning Hearing Board to deviate from the setback requirements to erect a monopole communication tower. T-Mobile leased the property and used it for an electrical substation and transmission equipment and poles. The borough permitted communications towers in M-1 districts as a conditional use and the setback for such towers was 200 feet minimum. Prior to seeking approval for the tower as a conditional use, T-Mobile sought to obtain dimensional variances. Richard Schomaker, objector, had residential property located adjacent to the property. The ZHB granted the variances and its decision was affirmed by the trial court. The Commonwealth Court reversed.
