[TowerTalk] Crossing Property Lines

[w5gn at mxg.com]

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 at contesting.com] On Behalf Of Charlie Gallo
Sent: Tuesday, September 17, 2013 9:03 PM
To: David Gilbert
Cc: towertalk at 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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