[RE-wrenches] Solar rights precedent

[Matt Lafferty]

Don't be a Solar Bully! Have the homeowner file for the Zoning Waiver so it
gets on the City Council (or whatever body) agenda ASAP. Flapping your arms
and being disgusted with the Planning folks ain't gonna get your project
online.
 
I don't think we should automatically assume that the building/planning
department is being evil and call in the AG to "set them straight". Maybe if
you never want to have a decent working relationship in that town again... I
would use honey, not donuts, to sniff out what their main objection is. If
it turns out that it's really just an "architectural preference" issue, then
you can deal with it thru the Solar Rights angle. If it's a genuine Public
Safety issue, then deal with it. It could very well be that it is simply a
procedural step... There is a building-height ordinance after all. If you
want to do something that is outside the boundaries of the ordinance, then
you need to apply for a waiver or seek to modify the ordinance. Civics 101.
This doesn't have to be a stressful thing!
 
I have successfully applied for and received several zoning waivers and
exemptions on behalf of property owners over the years. Yes, it's an extra
step and, yes, it can be frustrating. Yes, it can cost the property owner
some extra bucks. Yes, it can take months to go thru the process. Yes, it is
VERY doable! Be sure to charge the homeowner for your time.
 
One example that the AHJ might cite relative Public Safety is Fire
Department capabilities. Small communities generally do not have the
broadest selection of fire-fighting equipment on hand... Taller ladders,
etc.
 
In this case, I would pre-empt the hearing process by checking in with the
Fire Chief ASAP. Based on the description provided, I suspect that the Fire
Chief will determine that the extra height won't be an issue since the
height to access and walking levels are unchanged. (S)he might have an
opinion relative the arrangement of the roof mounted equipment (see Cal-Fire
document....), which you can work to accommodate. If you can achieve the
support of the Public Safety officials, your path to success will be much
smoother and more certain. Make damned sure you have this endorsement when
the first hearing comes around! This and a copy of the Solar Rights Law
should be sufficient to get it approved quickly. If you don't have either of
these when the hearing comes around, you just might be denied or delayed
further. Look smart. Be prepared. 
 
I would also have the owner double-check their homeowner's insurance policy
as a precaution. I've seen clauses like, "Common to the surroundings"
before. If your project on their property creates a situation where their
property is no longer "common to the surroundings", and they have a
casualty, and you didn't warn them.....
 
Good Luck!
Solar Janitor
 
  _____  

From: re-wrenches-bounces at lists.re-wrenches.org
[mailto:re-wrenches-bounces at lists.re-wrenches.org] On Behalf Of William
Miller
Sent: Thursday, February 25, 2010 10:27 AM
To: RE-wrenches
Subject: [RE-wrenches] Solar rights precedent


Friends:

We are applying for a building permit in a small coastal community near here
for a PV system.  The arrays will be on the flat roof of a house that is
right up against the allowable building height.  The city is requiring that
we apply for a waiver to exceed the allowed height.  As I read California
law, it allows public agencies to rule on a permit application only in
regards to public safety and health issues.  Repeated letters to the city
attorney has failed to result in how a building height limitation is a mater
of public health and safety.

Have any of you successfully fought a building department on this issue?  If
so, is there any written documentation on the issue that I can use?

Thanks in advance,

William Miller




Please note new e-mail address and domain:

William Miller 
Miller Solar
Voice :805-438-5600
email: william at millersolar.com
http://millersolar.com <http://millersolar.com/> 
License No. C-10-773985


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