This should be interesting. I remember when cities started denying satellite dishes not all that long ago.
Stephen Wall, Staff Writer
San Bernardino County Sun
GRAND TERRACE - An amateur ham-radio operator lost his bid Thursday night for permission to have a 75-foot tower and antenna in the back yard of his property.
But Hans Ehlert, a Lark Street resident, vowed to fight the Planning Commission's decision to deny him a permit.
In late May, Ehlert put up a 35-foot-tall radio antenna without getting city building permits or inspections.
City officials ordered him to take it down or get a permit.
He applied for permission to erect a structure that could extend up to 75 feet tall. But the commission turned him down on a 4-0 vote, with Chairman Doug Wilson abstaining.
"If I had that thing across the street from my house, I'd be pretty upset," said Commissioner Tom Comstock. "This was way too big."
Ehlert said he needed the higher antenna to enhance his ability to communicate with other ham-radio operators around the world.
The Federal Communications Commission requires cities to make reasonable accommodations for ham-radio towers, he said.
Other cities such as Newport Beach have adopted ordinances allowing structures as high as 75 feet, he said.
"I'm going to sit and wait until I get a court order to take it down," Ehlert said after the decision.
Community Development Director Gary Koontz said the city's code enforcement division likely would seek a court order to remove the structure if Ehlert refuses to do so.
To comply with state and federal law, city planning officials recommended allowing Ehlert to have a 30-foot tower with an antenna that could be extended another 3 feet so it wouldn't be blocked by the chimney.
Officials suggested moving it from the side of his back yard to behind his home to minimize the visual impact on a majority of neighbors.
Planners also recommended requiring Ehlert to put up landscaping in his back yard to shield the tower from neighbors' views.
Despite state and federal regulations, commissioners said they have the authority to deny the project for public safety and aesthetic reasons.
"I felt the safety issues were enough to deny the project," Comstock said.
Ehlert's antenna has riled his neighbors, who called the tower a "monstrosity" that would lead to lower property values.
Residents also said the tower presents a safety hazard because it could fall down in heavy winds.
"Three feet from my property line is going to be this 75-foot-high thing," said Lindy Ward, a Kentfield Street resident whose swimming pool is over the fence from Ehlert's back yard. "You can't guarantee it or a portion of it won't break off."
