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Geo W7LFD
|-----Original Message-----
|From: towertalk-bounces@contesting.com
|[mailto:towertalk-bounces@contesting.com]On Behalf Of David Giuliani
|Sent: Saturday, August 30, 2003 12:48 AM
|To: towertalk@contesting.com
|Subject: [TowerTalk] draft letter in support of tower permit...
|
|
|
|I'd appreciate any advice on a letter I'm about to send to my local
|authorities re applying for a building permit for my tower. I'd
|like to use
|your collective experience....
|
|I am applying for a permit for a tower for an amateur radio antenna, and
|have been discussing the situation with JS. He suggested that I send you
|some background information.
|
|
|Overview
|
|I am an amateur radio operator, with federal license WA6PXX. I am also a
|member of the Mercer Island Radio Operators (MIRO). MIRO's amateur radio
|operators volunteer their time and equipment to supply
|communications in any
|possible emergency.
|
|My intended antenna will be used as part of the MIRO and in pursuit of my
|amateur radio hobby. An antenna well suited for my intended use and
|location would at a height of 90'. However, I could live with a
|65' maximum
|height in a compromise situation.
|
|The mast I'm proposing to erect is a 55' crank-up tower, onto which the
|antenna would be mounted, reaching a total height of 65'. The
|installation
|will comply with the manufacturer's specifications. Antenna heights
|significantly below this would be impaired by hills and other structures.
|
|Unfortunately, the current Mercer Island ordinance limits such antennas to
|35':
|
| 19.02.010 Single-family. D. Building Height Limit. No
|building shall exceed 30 feet in height above the average building
|elevation
|to the top of the structure except that on the downhill side of a sloping
|lot the building may extend to a height of 35 feet measured from existing
|grade to the top of the exterior wall facade supporting the roof framing,
|rafters, trusses, etc.; provided, the roof ridge does not exceed 30 feet in
|height above the average building elevation. Antennas, lightning rods,
|plumbing stacks, flagpoles, electrical service leads, chimneys and
|fireplaces and other similar appurtenances may extend to a maximum of five
|feet above the height allowed for the main structure.
|
|I've always had good relations with the City, and wish to find a way to
|accomplish my needs with minimum difficulty. I've gotten some advice to
|"just do it." However, I feel it's best to be totally open with the City,
|and find a way to accommodate its needs and mine. It is also better for to
|obtain a permit to avoid any future arguments.
|
|To that end, I've attempted to be as careful as possible to
|minimize impact:
|
| * The proposed location minimizes any view impact to the
|neighbors.
|
| * The choice of a flag pole style tower gives a more pleasing
|appearance than a triangular tower structure.
|
| * The tower being proposed is a crank-up. In its minimum
|height position the top of the antenna will remain below 35'. I will keep
|the antenna below 35' during extensive periods of non-use. Thus, one can
|expect that on the average, it will be below 35'.
|
|JS appreciated these points, but was still concerned that the
|maximum height
|would reach beyond 35' while in use.
|
|
|Federal and State Law on Amateur Radio Antennas
|
|I mentioned to JS that there are federal and Washington state laws on this
|topic. He suggested that I bring these to your attention.
|
|The Federal government issued a law in 1985 called PRB-1, requiring
|reasonable accommodation of amateur radio antennas (text attached). Our
|state enacted in 1994 its own law reinforcing PRB-1:
|
| RCW 35A.21.260. Amateur radio antennas -- Local regulation
|to conform with federal law. No city shall enact or enforce an
|ordinance or
|regulation that fails to conform to the limited preemption
|entitled "Amateur
|Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal
|communications commission. An ordinance or regulation adopted by a
|code city
|with respect to amateur radio antennas shall conform to the limited federal
|preemption, that states local regulations that involve placement,
|screening,
|or height of antennas based on health, safety, or aesthetic considerations
|must be crafted to reasonably accommodate amateur communications, and to
|represent the minimal practicable regulation to accomplish the local
|authority's legitimate purpose.
|
|Other municipalities have adjusted their laws accordingly. A
|common outcome
|is to allow antennas of 65'-70' height as a reasonable accommodation. Case
|law indicates that height restrictions such as Mercer Island's are not
|reasonable accommodations.
|
|
|Possible Solutions
|
|I believe it is in Mercer Island's best interests to accommodate amateur
|radio installations, especially for those involved in MIRO. My equipment,
|for example, operates on back up battery power, and hence can be used in
|major emergencies. During the east coast power grid failure a couple of
|weeks ago, cell phones were useless, and ham radio operators supplied
|significant support, as they have in other emergencies. Living on an
|island, it's important to be especially well prepared.
|
|I see a couple of possible solutions which effectively balance the issues:
|
|* Interpret the 35' rule to apply to fixed structures rather than
|crank-up towers. The visual impact is certainly reduced by the occasional
|use.
|
|* Modify the ordinance to explicitly exclude amateur radio towers,
|placing either no height limit on them, or one which is more realistic for
|amateur radio use, such as 65'-70'. It is reasonable to expect such
|installations to comply with the manufacturer's recommendations.
|
|I am anxious to resolve this situation rapidly and inexpensively. We are
|currently constructing our new house, and it will be far more economical to
|do pour the foundation at the same time as one of the other pours.
|
|
|
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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