Golden – Homeowners near a “super tower” proposed atop Lookout Mountain broke into applause today when the Jefferson County Board of Commissioners rejected the tower’s rezoning by a 2-1 vote.
I can’t feel my feet. I think I’m walking on air,” said Deborah Carney, attorney for several homeowner associations and the umbrella group, Canyon Area Residents for the Environment.
For six years, CARE and the city of Golden have battled a plan by the Lake Cedar Group, a consortium of local TV stations, to demolish four major towers and to replace it with one 730-foot-high broadcast tower.
“We are disappointed that the county commissioners did not see the wisdom of removing four existing broadcast towers” owned by Lake Cedar members and consolidating digital broadcasts on one tower, said Lake Cedar spokesman Marv Rockford. He added the group will discuss what direction to take.
Four digital and four analog TV stations had planned to use the tower, including Lake Cedar members KCNC-Channel 4, KMGH-Channel 7, KUSA-Channel 9 and Channel 20.
The previous county board approved the rezoning for the 40-acre site in 2003 and 2004, and each time, the Jefferson County District Court remanded the case back to the commissioners for further consideration of several issues after challenges by CARE and the city of Golden.
The most recent testimony was limited to whether the setback from the residences was sufficient to prevent damage in the event of a multiple tower failure.
District Court Judge Brooke Jackson will review today’s board decision in light of documents and testimony submitted over the three months to determine if it meets his directive. Then Jackson will decide whether to issue a permanent injunction prohibiting tower construction.
If any party is dissatisfied with Jackson’s final order, the case can be taken to the Colorado Court of Appeals.
On Aug. 29, the city of Golden notified Lake Cedar Group of its proposal to buy property on Lookout Mountain including sites owned by the TV stations to “preserve the mountain backdrop from additional development” and as open space.
Golden’s letter said it wants to negotiate to purchase the TV site property, but if negotiations are futile, it threatened to use its power of eminent domain to condemn the properties.
As of today, the city had not received a reply. “We’re finishing our appraisals up there and we’re moving ahead with our intent to acquire the land for open space,” said Golden spokeswoman Sabrina Henderson.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
