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<font size=3>Matt:<br><br>
Please do not assume that we have not been professional and
diplomatic. We have been very patient and spoken and written with
measure tone, but the city has dug in their heels. We have been
told our only option is to apply for a minor use permit. The fee is
$500.00 and the outcome is not guaranteed -- we can be ruled against or
any citizen can appeal.<br><br>
We need to take the next step and I don't believe that standing up for
our rights can be considered as "bullying."<br><br>
<br>
Respectfully,<br><br>
William Miller<br><br>
<br><br>
At 10:41 AM 2/26/2010, you wrote:<br>
</font><blockquote type=cite class=cite cite><font face="arial" size=2 color="#0000FF">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.<br>
</font><font size=3> <br>
</font><font face="arial" size=2 color="#0000FF">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!<br>
</font><font size=3> <br>
</font><font face="arial" size=2 color="#0000FF">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.<br>
<br>
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.<br>
<br>
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
<i>(see Cal-Fire document....),</i> 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. <br>
</font><font size=3> <br>
</font><font face="arial" size=2 color="#0000FF">I would also have the
owner double-check their homeowner's insurance policy as a precaution.
I've seen clauses like, <i>"Common to the surroundings"</i>
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.....<br>
</font><font size=3> <br>
</font><font face="arial" size=2 color="#0000FF">Good Luck!<br>
Solar Janitor<br>
</font><font size=3> </font></blockquote></body>
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