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Re: [TowerTalk] Crossing Property Lines

To: "'Drax Felton'" <draxfelton@gmail.com>, <towertalk@contesting.com>
Subject: Re: [TowerTalk] Crossing Property Lines
From: <w5gn@mxg.com>
Date: Wed, 18 Sep 2013 07:36:30 -0500
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
"Couldn't you just re-deed re-record the two lots into one?"

We had discussed that "option" but it's not possible, for
several reasons, but especially in Dallas where most of
the housing is late-20th century in developments of a
fixed lot size; the planners don't want a "three lot
mega home" to alter the nature of those neighborhoods

Additionally, there were other planning issues as to
what constitutes a "single home"; we would have had
to physically connect the two houses, and not just
with a covered walk way - it would have had been
an interior sealed connection which would have made 
it real fun with the air conditioning and heating systems
competing.  And I think there was also an issue with 
two kitchens, since that would constitute a rentable
apartment on the property, also not allowed.

73

Barry, EI/W5GN


-----Original Message-----
From: Drax Felton [mailto:draxfelton@gmail.com] 
Sent: Wednesday, September 18, 2013 6:39 AM
To: <w5gn@mxg.com>
Subject: Re: [TowerTalk] Crossing Property Lines

Couldn't you just re-deed re-record the two lots into one?  



On Sep 18, 2013, at 4:56 AM, <w5gn@mxg.com> wrote:

> In Dallas, I was cited because my antennas not only exceeded the 
> setback, (the tower was 10 feet from the property line), but both the 
> OB16-3 and CalAV 2El 40 elements extended many feet over the adjacent 
> property line
> 
>     IN SPITE OF THE FACT THAT BOTH PROPERTIES ARE OURS!!!
> 
> pics at   http://www.mxg.com  lower left corner.
> 
> A passerby had called the city to ask how close an antenna could be to 
> a neighbor's property which led to an inspector visit, but no 
> complaint had ever been made.
> 
> The sole neighbor whose view of the antenna wasn't blocked by trees 
> (at least when it was down) came and testified on our behalf, and the 
> planning committee initially voted to waive the restriction, but the 
> City Attorney informed the committee that they did not have the power 
> to approve crossing property lines, that only a state court or 
> legislature act could make that decision, and directed them to 
> rejected the approval.
> 
> I did point out that the tower and antenna were temporary as they had 
> been dropped into place with a crane (60 ton, 160 foot boom, $700!) 
> and bolted in place, and could be removed as easily, and so I really 
> only needed temporary approval, and as I plan to make it to 100, that 
> was only 35 years of temporary approval that I'd need.
> 
> After the meeting I discussed the appeal process with the City 
> Attorney, who agreed that PRB-1 would likely prevail, but it would 
> have to go to state court, costing the city, and privately indicated 
> that if I did nothing, it's likely the City would to do nothing in the 
> absence of an actual complaint.
> 
> That was 2006 and it's still there, but now always retracted with the 
> top antenna at 50 feet, primarily, after I calculated the wind load 
> capacity of the (overloaded) tower when extended to be about 25mph, 
> but also where it is less visible, and still quite effective.
> 
> 73
> 
> Barry, W5GN   
> 
> -----Original Message-----
> From: TowerTalk [mailto:towertalk-bounces@contesting.com] On Behalf Of 
> Charlie Gallo
> Sent: Tuesday, September 17, 2013 9:03 PM
> To: David Gilbert
> Cc: towertalk@contesting.com
> Subject: Re: [TowerTalk] Custom antenna design
> 
> 
> On 9/17/2013 David Gilbert wrote:
> 
> 
>> The zoning laws in many municipalities prohibit it.
> 
>> Dave   AB7E
> 
> EXACTLY in this case.  When I put up the existing Antennas (as a 
> right), someone called the zoning Dept, who actually sent out an 
> investigator, twice (I had to explain to him that NYC HAS no rules for 
> a ham antenna, just commercial, roof loading, access, and there is a 
> MAX height above roof, but one thing he was REAL clear on was I went 
> one inch over the property line, and I was going to have to take it 
> down, and he sat there with a transit on the line and LOOKED as he 
> made me rotate the antenna, and I was clear by a bit over a foot.  He 
> was fine with that, and the complaint was dismissed
> 
> 
> 
> 
> --
> 
> --
> Charlie
> www.baysidephoto.com
> www.thegallos.com
> 
> _______________________________________________
> 
> 
> 
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