Santa Fe sued over telecom tower
Two months after the city Planning Commission denied a waiver to an internet service provider who built an 80-foot telecommunication tower in a midtown residential neighborhood without a permit, the provider has sued the city in U.S. District Court.
Albert Catanach, whose company, Computer Network Service Professionals, ignored an order from City Hall to stop construction of the free-standing tower, wants the court to order the city to authorize the proposed changes. Catanach is also seeking a jury trial on other disputed issues.
The city and Catanach have sued and counter-sued each other over the tower. Catanach has claimed the city did not respond to his request to modify his telecommunications equipment in a timely fashion. The cases are pending.
The planning commission, Catanach’s complaint states, “wrongfully reviewed and denied” his request for modifications, “basing their decision on elements outside of their jurisdiction and based on unsubstantiated evidence … against the recommendation of the City Land Use Department.”
City rules require a tower to be set back from property lines by the same distance as its height.
The planning commission unanimously rejected Catanach’s belated request for a waiver of the rule in June, expressing some concern about the Land Use Department’s recommendation of approval.
“I’m wondering why it became apparently so easy for the applicant to now get the department to want to give him a waiver,” member Stephen Hochberg said at the time. “It should say, ‘Tear it down and come back and be like a normal human being like everyone else and get your permit.’ ”
Residents who live near the tower, some whose homes are within the 80-foot setback range, told commission members they were concerned about the safety of the unpermitted structure.
Catanach’s attorney, Carl Hans Muller, said Monday the tower would remain on the premises until the pending cases were resolved. Muller said Catanach also planned to appeal the planning commission’s decision before the full City Council.
City spokesman Matt Ross declined to comment on the suit.