[RE-wrenches] Solar rights precedent

[James A. Hartley]

Robin Hood would tend to agree with Mr. Lafferty [except for the Solar Bully part].  Robin Hood is a diplomat.  This approach spelled out below is also cheaper than wasting costly arrows anyway.  
  ----- Original Message ----- 
  From: Matt Lafferty 
  To: 'RE-wrenches' 
  Sent: Friday, February 26, 2010 12:41 PM
  Subject: Re: [RE-wrenches] Solar rights precedent


  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
  License No. C-10-773985




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