Township of East Caln v. Zoning Hearing Board

In Township of East Caln v. Zoning Hearing Board, 915 A.2d 1249 (Pa. Cmwlth. 2007), the Court reversed the decisions of the court of common pleas and the zoning hearing board because they were based solely upon a finding that a variance allowing a larger communications tower to be constructed to resolve a wireless service coverage gap would be beneficial to the public. In East Caln, Cingular Wireless (Cingular) received conditional use approval to construct a 103-foot communications tower on a property that was zoned Office, Commercial (OC-1). East Caln, 915 A.2d at 1250. Cingular later filed an application for a dimensional variance seeking to replace the 103-foot communications tower with a 123-foot tower to resolve a coverage gap. Id. The OC-1 zoning district had a maximum height restriction of 35 feet. Id. The zoning hearing board in that case conditionally granted the variance, finding an unnecessary hardship on the basis that the coverage gap "presented a significant life-safety issue that interferes with proper function of the enhanced 911 emergency tracking and response to mobile phone users in that specific geographic area." Id. at 1251. The zoning hearing board conditioned the grant of the variance on Cingular obtaining an amendment to the prior conditional use approval, which only authorized a tower of 103 feet. Id. The township appealed, and the court of common pleas affirmed the grant of the variance. Id. at 1252. However, the Court reversed, concluding that the zoning hearing board erred because it "based its finding of unnecessary hardship solely upon the life-safety issue posed by the coverage area gap in Cingular's wireless service," and the record did not support that Cingular satisfied the criteria for obtaining a variance. Id. at 1254.