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| Challenging the Snohomish County�s Decision |
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| Citizens to Preserve the Upper Snohomish River Valley (CPUSRV), the Snohomish based rural conservation group is challenging the Snohomish County�s decision to grant Everett radio station KRKO two permits to develop an array of large radio antenna towers on farmland south of Snohomish. Specifically, CPUSRV has filed a Request for Review with the State Shorelines Hearing Board of a Shoreline Substantial Development Permit issued by the County June 9, 2006, and also filed a Land Use Petition in King County Superior Court of the Conditional Use Permit (CUP) issued by the County on June 7, 2006.
CPUSRV is a non-profit organization dedicated to comprehensive, coordinated planning and growth in Snohomish County with special attention to the promotion of wise growth management and land use, the protection of wildlife, and the prevention of environmental, nuisance, and fiscal impacts of growth in the Upper Snohomish River Valley. S-R Broadcasting Company, owner of radio station KRKO, applied for the CUP and Shoreline Permit as part of a plan to increase transmitted power from 5,000 Watts to 50,000 Watts. The proposed tower configuration consists of a single lighted tower 349 feet high, with three to seven more unlighted towers just under 200 ft high. The additional towers are meant to accommodate an additional, as yet unidentified, co-located radio station of unannounced frequency and radiated power. CPUSRV filed the Land Use Petition for the reasons summarized below: - The proposed antennas will negatively alter the rural character of the area and harm CPUSRV member�s use and enjoyment of their properties. � Radio Frequency Interference generated by the antennas is expected to disrupt the operation of home electronics and telecommunication in surrounding farms, homes and businesses. -The introduction of the antennas into the views from members� homes and properties will decrease the value of members� homes and properties. � Members� use and enjoyment of the nearby Bob Heirman Wildlife Park and Snohomish River will be impacted negatively by the intrusion of the antennas within the landscape. - The Snohomish County Hearing Examiner�s Office and County Council decisions were based on erroneous interpretations of the law, not supported by substantial evidence, and violated CPUSRV�s due process rights for the following reasons: - The County concluded incorrectly that the proposed antennas are consistent with Snohomish County Code including chapter 18.72; the County�s SEPA requirements; the County�s requirements to protect agricultural lands and uses; and with the County Comprehensive and Agricultural Preservations Plans. - The County incorrectly concluded that there would be no probable significant adverse impacts to agricultural, wildlife, radio frequency interference impacts, and impacts upon the built and natural environment and surrounding land uses. - Snohomish County erroneously approved the CUP despite the fact that it was based upon a Determination of Non-significance and Environmental Impact Statement that were incomplete and inadequate pursuant to the requirements of SEPA. - Snohomish County decisions were based upon a number of errors by ordering the issuance of the CUP before adequate SEPA review had been completed, creating new legislative standards in a quasi-judicial proceeding, and relieving S-R Broadcasting from its burden of proof to demonstrate compliance with all of the County�s requirements. CPUSRV filed the Petition for Review before the Shorelines Hearing Board for the reasons summarized below: - Snohomish County abused its discretion in issuing the permit administratively pursuant to a side agreement with S-R Broadcasting rather than placing the application before the Snohomish County Hearing Examiner for review. - The permit is inconsistent with the policies and requirements of the Washington State Shoreline Management Act and the Snohomish County Shoreline Master Program. - The permit is inconsistent with Snohomish County�s shoreline provisions in Snohomish County Code Chapter 30.44. CPUSRV reports that it has received considerable member and citizen support in it�s five and one-half years of existence. However membership support has been particularly overwhelming over the last month to fulfill an important objective of successfully appealing the S-R Broadcasting proposed antenna project. |