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1989-07-24 C CITY OF SOUTHLAKE 667 N. Carroll Avenue ZONING BOARD OF ADJUSTMENTS MINUTES July 24, 1989 7:30 P.M. Present: Art Sorenson, Chairman; John Scoggan, Vice-Chairman. Members: Robert Downard, Ernest Johnson, Jim Wooll, and, alternate, Joe Bentley. Absent: Dennis Minder, alternate member. City Staff Present: Zoning Administrator, Karen Gandy; City Attorney, E. Allen Taylor, and Director of Public Works, Mike Barnes. The meeting was called to order at 7:30 p.m. by chairman, Art Sorenson. Agenda Item #2. Approval of Minutes The minutes of the June 26, 1989 Board of Adjustments meeting were approved as corrected. Motion: Wooll Second: Downard Ayes: Wooll, Downard, Johnson, Scoggan and Sorenson Nays: None Approved: 5-0 vote. Agenda Item #3. Administrative Comments City Attorney, E. Allen Taylor noted that during the last Board of Adjustments meeting, alot of time was spent discussing the posture of the Lemke Suit. He thought the Board would be interested in knowing that an appeal was filed on July 21, 1989 in the 2nd Court of Appeals. r Agenda Item #5. Case #69. Request for Appeal CA A request for an appeal of the official interpretation that day care centers were not a permitted use in the Community Service District. The City Attorney ruled that this case is to be considered under a Special Use Permit and therefore, should be heard by the City Council. Board of Adjustments Minutes July 24, 1989 page two Agenda Item #4. Case #67. Request for Variance A request for a variance to the zoning ordinance No. 334, Section 5.15 (c) 4, residential accessory uses: Antennae height restriction of a a 60 foot maximum. Owner: Truman Reynolds. Applicant: Michael Kreuser. Location: 1616 Heather Lane, being Block 2, Lot 4, Heatherwood Estates. Public Hearing. A presentation was made by Karen Gandy, who stated, that Mr. Kreuser is requesting a 90 foot antennae to be located on his property, adding that this is his hobby. It was established that the current zoning ordinance is 60' antennae, and the applicants are aware of this. Public Hearing Bill Taylor- 1613 Heather Lane He is concerned over the interference to garage doors, alarms, and television being effected by the antennae. Bruce Balm- 1612 Heather Lane He is also concerned over the ham operators effect on televisions, and etc. Michael Kreuser- applicant (proposed property owner) He stated he has had his antennae in several areas for several years. The interference is a valid concern. His neighbors in Houston had no problems. The tower being higher, helps with the interference, and the interference goes over the houses. He added that he is a week-end operator, and is willing to work with neighbors who might have problems. His signal would be going over Grapevine Lake. The antennae would be in the back of his house and looks like a big TV antennae It will sit about 60' above the roof of the house. r Mr. Sorenson stated that the issue here is not whether or not he can erect an antennae, the ordinance allows this, the issue is the height that he wants. Mr. Wooll asked Mr. Kreuser to explain what he had to do to get his amateur radio license, stating, it is much more than what you have to do to get a CB license. w Kreuser stated because of his license, if any one has a !R complaint, they can report him to the proper authorities. He also added, that because of the slope of the yard, we are not talking about a large difference. Board of Adjustments Minutes July 24, 1989 page three Agenda Item #4 Continued Mr. Gustafson - 1613 Heatherbrook He also has the same concerns as the others in his neighborhood. Mr. Kreuser has a contract on the house and it is contingent upon the variance being granted. Current owner of the house is Truman Reynolds. Mr. Sorenson read from Ordinance No. 334 (4) "non-commercial radio and television receiving antennae and non-commercial radio transmitting antennae limited in height to sixty (60) feet (measured from the ground line in front of the dwelling or use facing a public street), and further provided no electrical, radio or television signal interference is created which would adversely affect such signals, whether audio or visual to nearby dwellings and other permitted uses." Mr. Taylor, city attorney, stated that if the property owners have a complaint, they have recourse not only from the F.C.C. but to the city, who can issue citations for violation. Ernest Johnson stated he feels the board is missing a very 6,uo~ important piece of information; "What is the slope of this property". Jim Wooll suggested that the property owners take 10-15 minutes and try and work out the situation with Mr. Kreuser. Motion was made to recess for 15 minutes, while the property owners meet in an effort to work out the situation. Motion: Wooll Second: Downard Ayes: Wooll, Downard, Sorenson, Scoggan, Johnson Nays: None *!R Approved: 5-0 vote (to recess) The meeting reconvened at 8:45 p.m. When asked, the property owners present indicated the board should grant the variance with no objections from the property owners. Motion was made to approve the request for a variance to Ordinance No. 334, Section 5.15 (c) 4. as requested. 1I1/ Motion: Wooll Second: Downard Ayes: Wooll, Downard, Scoggan, Johnson, Sorenson Nays: None Approved: 5-0 vote W Board of Adjustment Minutes July 24, 1989 page four _Agenda Item #6. Adjournment Motion was made to adjourn the meeting. Motion: Johnson Second: Wooll Ayes: Johnson, Woo.ll, Scoggan, Downard, Sorenson Nays: None Approved: 5-0 vote Art Sor on Chairma , Board of Adjustments AT EST : o~~~aa~t's ' "ad.frrj@ Sandra L. LeGrand City Secretary sv: ?F {iY s W IRWIN►_ rwiCity of Southtake, Texas M E M O R A N D U M July 18, 1989 TO: Board of Adjustment Members FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Case # 69 I No - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MR Case #69 is an appeal of the official interpretation that day care centers are not a permitted use in the Community Service zoning district. The present zoning is Agricultural, but the City Council has plans to zone j all churches, schools, and public sites to Ccmmity Service during the proceedings adopting a new zoning ordinance and official zoning map. The owner/applicant is White Chapel United Methodist Church. The location is 185 S. White Chapel Blvd. being legally described as Block A, Lot 1, White Chapel Methodist Church Addition. brow, There were then (10) letters sent to property owners within 200 feet. To date, no responses have been received. w KPG/kg L I go I CITY OF SOUTHLJAIG; 667 N. Carroll Avenue Southlake, Texas ZONING BOARD OF ADJUST],=S RDQUEST FOR APPEAL NAME: t.- V4 I rj i1 ~rll~, i t i l ~ X~ 74f 'e/4,i7 " ~H c,'~'Er{ FEE: $50.00 ADDRESS: S r%~ ire 0~'rr✓ TE THONE NUIER: ~7 ! - 4 ! 4 7 LOCATION OF APPEAL: (address/legal description) S Ci 1r4 c r'4 'f ~F~ r;~v 1 -rlf~ r.?IJ i C f•{u!'C ct Ea Ll/_' G Tt e- X-' REASON FOR APPEAL: (describe in detail) L .17 14 1 77;x- 4 7C ,-srI LL~•.>, ;L.:r-tea f1 t.fc; c lL% i l,~ c~~L~ yG r"r4 ~ N /..lsU~ /~:w~•/ !'mac,. r', c-. lz.c l,~ L ! . _ (l1 l '-ter = `y y S e'-4 i . ij ~«G5 Teti` i s~ ~%5 G=4='~ C ~ r" ! 6l'r) i :c.irz vC~ ~,~D ~s lam' c'i S~~~I~CC l-L<<¢ GC.- `1 illlli~, r~' !rS1 7-& ~re tc ! C L DATE: SIGNATURE: CASE NO. 4d A 6 t I WFSTPARK IGOP TROPHY CLUB INS swAf, LAKE L ~J ,~,Jl tJR106E RO GRAPEVINE ~",A , . 3 BOB JONES RO tON s JONES I ' e t >E V b 1 POSSUM HOLLOW ~ SSE i NECK OR p11Y \ 2 RLOtIRll t0 3 ` 5 z ; e 3 RAVEN W 1 2 ~ Wz- m~ W F~ SWAN i " ~ \ SCRANF ~~NCA' EK . P w _7 It U1 tIRp IN OR . i e BASS OR " Y rDRUrc TROUT ' LN SOUTH JN7,Y CRAPPIE TRAIL LAKE Z ` THOUSAND OAKS 1 t CIA'. SOUTH LAKE r ' D/STRICTBOUNO E•~ ~~'~'cIA•e.~~~~~~~.~j■~.. s o° ~O : u 2 3 °s tif31.AV.~ ,.SOUTNLAKE HARBOR rNl@ ° O x>a.m s PK. f ° W LARESIDE : - I~ ? = 3 ~q OLIO OR S m OR ~."i ,U SPa ~~A' BRIARLN -A ' a sNAPBOA e ' I HILLSIDE OR _ BEAT wIKL'Te Y •°e I- 2 CRESCENT OR NARBOB. BIDE RNEY I z I2 \ 3 SOUTHLAKEPK_W CT BUtNET LM ~4 WOODLAND OR LAKESNORE Oq ' W \ IIA \ 5-HILLTOP SWEET ST C9~GJ'! o ° i•6RAVFl RO N ANfi~n~:sA OUALLBUNRD °•GRAVTIP~~--REDBIRD LN ,2 W GENE CT TAYLOR 51 e' 0 F DOVE ST.. E6, a "IERALD CIR r L911RAtlOE ? DOVE ST_ W - ~.J~~ ya• IQOVF `-(jTAAL7E ; ROBIN 3 : r CAR LOLL - °oa u POND N ~ ;L LN HIGH SCHOOL W_ flK L ON, „ --+u - ` w u m s * : _ MOCKINGBIRD 1,11 MTANT CT 7 9ESY it-'- RIVE ° 41 oa s e TAAfa(~~,~E$ R1111BEAET71f PRIMROSE LN 9J C ~EdyG>: i - ~~SWEC LEM C SUMMIT 910Gf in ° OAKLANE_ N = .i ' r1R OAKIANE. 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'ADING /0 PARK ~r 'rBIVD o 0 - N RD _ I , : J7TNLAKF BLVD.. W ! +'P/ -DR I T^p9 . SOUTALARF BLVO_ E - White Chapel United rv,~F~X I`DAK SNOT , Methodist Church o o ~f FB RD 0 GOOOE ryNF1PPINE CT. E _ 3 3 ate . Y. , < AIRPORT CT' LOOP o' Nm y IILAC'_._.._ 3t - , Y Qoo~f s , EXCHANGE 9LVD! ° RAINBOW MIC~ft GREENWOOD - ST ' '1NOU$'+A ' GR[F•y BRIAR d CONTR ENTAL 9, CONTINENTAL F.7u W / B _ CONTINENTAL BLVO.f ttt y D • CARROLL ~u ty~h o ° • ^EU•MENTARY U9Sre HART ST H J / e 3c ` 4'lie ~ I ♦ I/ , a •~lUvLKF AO-_. COLLEYVILLE 1 - -~dflnll Cdlli9C.'_ r OLD M14L RUN ~i TR IC .9.87 AC no W. -HAC R- SURVEY 77 TR 3u►,q-687 i0 Its V, AKE BLVD TR 1A- ' 1.0 AC t TR 1 A-2D~0 .78 AC Tr. 3~, TR - - - ` g~ John Church AC $ ~ G _ Office-1 Cfi AG TR 5Gi 71 70 .79 AS 8 Southlake Baptis 1.0 AC ? 36 .4i $ TR 3C1 Churc ~E 10 36 AG 2.. ~HIT J. Pettingill AG ' N• PEL S 1st Nat' 1 Bank c 001 TS 3m C f H N TR 5F 1.0 AC UA TR 5G 10 AC TR 301 CN 9.5 AC Bridgeport 1.0 AC 31 D. 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Gandy , Zoning Administrator SUBJECT: Board of Adjustment Case 767 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 'ONO Case 767 is a request for a variance to Ordinance No. 334, Section 5.15, (c) 4 governing the maxi = height restriction of 60 feet for permitted accessory uses in the Single Family-1 district. The location of the property is 1616 Heather Lane, being Block 2, Lot 4, Heatherwood Estates. The owner is Truman Reynolds; the applicant is Michael Kreuser. Mr. Kreuser plans to purchase the property if he can obtain the variance to allow a ninety (90) foot antenna. He is an amateur radio operator. i I There were fourteen (14) letters sent to property owners within 200 feet. j There has been one inquiry made regarding this request. The caller offered no opinion regarding the request. KPG/kg Attachments: Section 5.15, Ordinance No. 334 Deed Restrictions, Heatherwood Estates Letter from Mr. Kreuser x FCC Private Radio Board Ruling (PRB-1) I i CITY OF = LAKE 667 N. Carroll Avenue Southlake, Texas iirr+~ ZONING BOARD OF ADJUSIVERM In REQUEST FOR APPEAL owl NAME: 17,7iC/-14f4 6-1- e2 FEE: $50.00 ADDRESS: ' LLA err Atie a2 o 2YO / 75G L 3 Mai T vE DUMBER: J130 lpj~ 4 LOCATION OF APPEAL: (address/legal description) J''iivsc~ f-laM/L! o~~.c~ y ` c 4 c C 2 of REASON FOR APPEAL: (describe in detail) prt Ilex l - n. c,. 4"C ;A- /1 ciNc . /a +,~/C r Cv c c ~ A47 aTC C, /t ~ t /L A -rc k ~ P f~ IL: Pr c' J P / + A J A 7f 77: k Pr /U 141( N ! j C/L? i t/ ~F 16+rT AN JZ ~AiC 11 Z P-y cNAir tt rr ~ Aexce- C!, Al L C ~a'rz A c.s -~c l fir. CjC FNGin/ecR- ,e4/'e e_ /S N0 rAJOL..A/ lZe37TIt77aNr (Dte 13 )ee.jTk(c.T/cr'T) En/ 7%11 6Y ZO a &Q D --Xe,7 L l~ v 4. 06"-Iye 2- yp yM DATE: SIGNATURE: CASE NO.. 7 "iBe %i I TROPHY CLUB W[SRARA 1001 SAN, LAKE - IRiD, GRAPEVINE N. BOP JONES NO BOB ` JONES ' } sac y 1 POSSUM HOLLOW GOOSE 3c NECK ON ~~ry0 4 2 111011140 LN 3 BEAVER Y 1 2 °s W s t 1 SWAN 1 °v s e ` \ S CURE I i : r° i ( I f " 1111111110LB IN ~fFK D4 • i W x BASS T* OR ROUT ' ~p4UMp~ NT Y LN SOUTH 1--- g CRAPPIE TRAIL LAKE THOUSAND OAKS 1 4 "%ill Y S A g__~~ , CIA.. SOUTH LAKE o DISTRICTBOUND m ti()I.ANA ~SOUTxLAKE HARBOR"' = I b to 5 `PK. E e Q~ LAKESIDE a. ILA AZIT;L !~~",w~00R /111111(0 1 +r s sXARIOR' v0A ' ,H 1 HILLSIDE 04 s MEAT wig TCT °o ` =7 1 CRESCENT OR '4 "walk ! RUE TEAL CT V IZ 3 SOUTBLAKE PK_W o ct BUBNEY IN W 1 WOODLAND 04 u I LAAESxORF OF 114 S HILLTOP DA O < m > 1 ' p P, o ~-GRAVEL NO N ANG\E$.•A W ` SWEET ST 39 ;W ff* OD A0."UN RO ~•GRAV'El"Oy il. REDBIRD LN_,,°j ° g W J TAYLOR ST, w! ya ors Iz W GENE CT E ~RCrnT SITE ALTO DOVE S E ! 9J.~ u s`°I Mimi 116" Ii OOVEST_W T_ - > ~j FMFRAIOCI` ~Y . . ~ Q IpOVF, 77'' v `:~Z'tKR TIE ROBIN a Y`- CARROLL • u SY POND ;V LR: e W HIGH SCHOOL a s eTo c~ ,-•~AK4"Y p.w m > 3 2 I xf MOCKINGBIRD LN _ u m 4 " RIVE REST. i.•I ' BRIT TARYCi W e s °rs'EO r %TNTETILTUA- I i i PRIMROSE LN .;SW- EEC CERIC SUMMIT A105! i I e OAKLAHE. N d CAE e 7 , IT w OANLANE. S PLANTATION DR.i °m ` fF'~. 4 Bill I ._f ° = I "IN6 CHRISARWICK T s I AY AO(LO ~,K TA ° 3 S~t C7 I I CAPROCK CT •_'~i Rr~: •S j aaWY •r~ R TUMBLEWEED CT', 3 64 ~ i ;~I <v o CTPREBS E'P•I ; ° 3 ROUNDUP TA ' F= ~ S w a OR_ 1Np1SPERIN6lN 4 LONGHORN TIN %,Z, 70 ~NEFFIELD ST 'C11EER - 5 ALICE CT I~ ~E ESTER FORESI'lll °o . JACK D. JOHNSON 5 THOMAS CT S~sl • Lx , J ' HIDDEN ° ELEMENTARY : 7 PANXANOIL :T 12 / Rr 9 X' ' - HIGHLAND ST_. W fiIAB[E`E p11 0 i 6LEM - HIGHLAND SL E 8 SOX CANYO C~tAIAPIEpE 1 01' FAWKES Rol SW 000 MESA~IE PAr•"-`~ KING _T ODBA DO+•' s- `C DR 3o ° DOVE CREEK J 'I CARROLL M, e = "r;', ((A9OSS TIMBEIS NAY`FFWO MIDDLE m NX....AS~L1 s Y i Cj WILOWOOO• L SCHOOL BROOKWOC' J-MEAOOW `o= + AAINTAEF 0"""o m~ LEN§E AO~,~',-, GL GLEN av _ MISSIO 10010011 LAKFWe000o DR'= a G"EA" ~GREENROL'GNOR s _ • I COVE N CLOVE HENRY CT ~ROLLINC AI S~ xl`ISIDF ct `E- CITY °aN r _ I J j r LODGE 'sAli sA°~ 'w HALL n~ - y 1 s+ N ~VE a ~.'s e - TE* DIAMOND BLVD. Z COIUMBUS~T *1 DING e BICENTENNIAL FI PARK ' CFO'-01110" Sao~lt = 'DR ORRJON ROd ;~JTNLA4E BLYO. W' , SOII7!ILAKE BLVD.. E •--r ~--j,Q IroB ~ n06 ~ ~ ~ ~ ~ - i„ T f I- - J~lo f I ° OAIPfY/pf` OAK KNOt, s~ 'S o ' f ; o°O. o° I ,oF((FA no ME ; J 'BBL i , XGOODE 'NNE ' PINE CT. E 3 39 ` AIRPORT t" - CT1--'1 _ i 3 i LOOP '.•rol w LILAC e 4 ? E EXCHANGE BLVD! RAINBOW N o I E MIC~EL GREENWOOD ST I '-1GOUSTX(1 A ~ I A ' GR(FV BRIAR 1°s - CONi~EMTAI 9~` - ° s CONTINENTAL F,.D. W 3 u CONTINENTAL BLVD. E o z • CARROLL r. Cj Z3 C 3u = jjMENTARY + *N4ST eeo/~y Dy% a HART ST y j / I = e \ 1938 ' r f11q~j~Ct~~Y ( 19 C, BEr A9Aa1~- • iig. fill e f RMR _jIff~MA)UN RD OLD MILL ALAN / E I U w N ~I! ¢N OI O ^ m ^ I F• ^ ~ N N N 3A00 1HOd N008 m o w w m N Q I w w Y Q i cc cu C13 J w N v N< 1ryV ~ ¢ ^ " < F 30IS33I10 e w7ai IU N N N S tL U m ¢ n d N N N a a N Mai I I I 1 ~ U a: in am I i ¢m aN 1 1¢v7 ¢m ¢m R L) tj N / 1 N U U m U w a ~ Ur Er tf) m n a J 1 m ¢ / ¢ 1 1 ¢e ¢o ¢ ur ¢ a I i o Y O rn m ^ m yr Q _ Q N U d0 30IS N3380 m v m N I I ~ my ' Y Q d0 SNVO Inou r a ,Z 7' eJ1 'L~ m ow ~o C~ V) Q. ~.y m N m < ~a N~ O 1-4 ~ U c i to o ^ m rm a+ ~ Ui cry W ~ F z 0o F ' N"1 83H1V3H rr V ~F ~ crd ~i+ r` K bin CD V] Q ~ Y • m ~ N ~ m OI m in W E.) >10089831 U. Q -4 r EE vJ WV VI f1 / / ^ m / u Ap / m u ¢m i mtn r<~i m i 3 5.15 PERMITTED ACCESSORY USES a. Agricultural Accessory Uses In "AG" District Only - Acces- sory buildings and structures clearly incidental to the above operations, including but not limited to barns, stables, equipment sheds, granaries, pump houses, water tanks and silos; but not including slaughter houses or processing of agricultural products, animals or poultry. b. Agricultural Accessory Uses In "RE" District Only 1. Accessory buildings enclosing equipment or activities in conjunction with the permitted principal agricultural uses. 2. Private stables for the keeping of grazing animals, provided: a) Ground accumulations of manure shall be collected " and properly disposed of so as not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or animals. b) Fences for pens, corrals or similar enclosures shall be of sufficient height and str'encth to properly retain the grazing animal(s) on the premises; and y c) The minimum space area upon which such grazing animal(s) may be enclosed, including pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet per each grazing y animal over 500 pounds and not less than five thousand (5,000) square feet for any other grazin^ animal. , c. Residential Accessory Uses; In AG - RE - SF1, 2 & 3 _ u a 1. Private residential garages, carports and related storage buildings and greenhouses accessory to permitted - residential uses. 2. Private swimming pools, wading pools, and game courts (lighted or unlighted), provided that: if lighted, the lighting shall be so directed and shielded so as not to shine directly on any adjacent residential property; and further provided that any such pool or game court is for the private use of the site occupants and their guests, !1~ ~e 5-24 and not operated as a business. All "at grade" swimming pools with a water depth greater than twenty-four (24) inches and "above grade" swimming pools having a water depth twenty-four (24) inches or more, except for portable tot pools, shall be enclosed by a fence and gate of a height so designated by the Southern Building Code or any other building code adopted by the City,as amended, of such material and design to discourage unauthorized entry to the facility. Such pool(s) may be located in a side or rear yard, but not within a r4 front yard, and shall not be located closer than five (5).feet to any side or rear property line. 3. Lanais, gazebos, garden and patio shelters, and child- ren's playhouses, provided the privacy enjoyed by adjacent residential dwellings is not impaired. MCI 4. Non-commercial radio and-television-receiving-antennae-. and,non-commercial",radio-transmitting antennae -limite in height to sI' ty_ (60) eta (measured from_.the *ground line in front of the ,dwelling or use-fac ng a public . i street)an_d-further: provided no electr cal;7~ `radio or: - television) signal interference"_is-;created which ;would adversely affect such signals, '_whether audio'orNvisual" to nearby dwellings and other permitted uses. 5. Required off-street parking and loading spaces. 6. Home occupation uses as defined by this ordinance - definitions - "Home Occupation Use". 7. Parking and storage of private boat(s), camper trailer(s), or other recreational vehicle(s), in conformance with Section 7. 8. Model and/or sample homes for the purpose of promoting sales shall be permitted, providing these structures are located on and within the same tract or subdivision of W land being developed for sale. VR d. Accessory buildings or uses customarily incidental to any permitted principal use shall be permitted and all outside storage areas shall.be suitably screened in conformance with, subsection 7.20, Screening Regulations. 5-25 HEATHERWOOD ESTATES a" 1.W r 0 THE STATE OP TEXAS j luv IA00 • Gd/OJi3T COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTSi I THAT TEXPORT BUILDERS, INC., being the owner of the following described lots in Heatherwood Estates, an addition to the City of Southlake, Tarrant County, Texas, Blocks 1 and 2, according to the approved maps filed in Vol,3 ,644 Page Vol. , Page Vol. , Page , respectively, Map Records of Tarrant County, Texas, hereby place the following restrictions on said lots, same being fully described as follows: Lots 1, 2, 7, 6, S. 6, 7 and t of Block 1. Lots 1, 2, J, 6, S, 6, 7 and t of Block 2. The following covenants shall apply to all lots above listed: ~111R A. All of the above described lots shall be known and des- cribed an residential lots. No structures shall be erected, altered, placed or permitted to remain on any residential lot other than a one family detached dwelling, not to exceed two (2) stories in height, and usual out-building in connection therewith, including suitable barn or ratable on lots where horses are permitted. It 04 f a servant house be one of the out-buildings, it will be o<--upied I a only by servants employed on the premises. B. No lot or lots or any part thereof shall ever be used as a place of business, nor any noxious or offensive trade or activity be carried on nor shall any thing be done thereon which may become an annoyance or nuisance to the neighborhood. f C. The minumum square footage of any residence shall be not less than 2,100 square feet on any lot, exclusive of open porches and garages. All garages to have side or rear entrances, D. The exterior walls of the dwelling erected on any lot described herein shall be at least 701 brick, brick veneer, stone, l stone veneer, unless an exception is granted by the Architectural Control Committee. Metal and asbestos siding will not be permitted on any dwelling on any lot herein described. , PAGE ONE RESTRICTIONS HEATNERW000 ESTATES, TARRA:, 'OUNTY, TEXAS 7= b1z 1= i e1i ° L. No dwelling shall be located on any lot nearer to the front line or nearer to the side street line than the minimum set back lines shown on the recorded plat. Detached and attached garages and accessory buildings shall not be nearer to the street line than the set back indicated on the recorded plat. P. No building other than the residence, shall be erected, placed or altered on any lot until the constructions plans and ` specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality and workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevation. G. The Architectural Control Committee is composed of KENT SLM TT, and DAVID VINCENT of Colleyville, Texas. In the event of e the death or resignation of any member of the Committee, the e remaining member shall have full authority to designate a seccessor. In the event the Committee cannot agree on any natter, they shall have the right to select a third member to serve on the Committee, in which case, a majority vote shall control. None of the members # of the Committee shall receive any compensation for serving on the r Committee. Any time that the then recorded owners of a majority of the lots shall have the power through a duly recorded written- instrument to change the membership of the Committee or to withdraw from the Committee or to restore to it any of its powers and duties. 1 H. Only horses or pets for family use only, may be raised, a bred or kept as pets for pleasure on any lot, and no commercial breeding, or raising of horses or pets will be allowed in this J ` Addition. Horses shall not be permitted, except on Lots 4 and 5, block 1, and Lot 1, Block 2, and only one horse per every 20,000 square feet in the lot. I. No lot shall-be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall be kept.only lip . v.: 7523 h•112fK PAGE TWO RESTRICTIOAS HEJITNERNOOO ESTATES, TARRANT COUNTY, TEXAS t y D in sanitary containers. All incinerators or other equipment for low the storage or disposal of such material shall be kept in a clean and sanitary condition. J. Easements or alleys for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. ft" I X. No building or any part thereof constructed previously at any other place shall be permitted on any lot in the Addition. L. No trailer, basement, tent or shack shall be used temporarily or permanently as a residence. N. No fence, hedge, or wall shall be erected, placed or altered on any lot at a height of more than six (6) Het and nearer to any street than the minim m set back line and shall e not exceed out past the front of the residence. All fences to be out of now material and all fences along lot property lines 'S60i { shall be of sufficient density to serve as screening between neighbors, unless such fence is of wrought iron or masonry '!e! constructions. No wire fences except on the back half of Lots 4 and S. Block 1 and Lot 1, Block 2. N. No sign of any kind shall be displayed to public view on any residential lot except one sign of not more than five (S) w square feet advertising the property for 641e, or stint or signs used by a builder to advertise the property during construction. 6 The developer shall be allowed to place'two larger signs on a lot advertising the subdivision. 0. All buildings must be built with a the or wood shingle 1 roof, or with a minimum of 290 pound composition shingles. P. These covenants are to run with this land and shall be. binding on all parties and all persons claiming under them for . a period of 30 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of five years unless an instrument signed 1e, - VJL '75=1 tkFLZ~c3 PACs THUS ABSTRICT2ONS NZATHZMQW ZSTATZS, TARRANT C OUNW, TEXAS , t r by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. Q. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. R. Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions _Nft which shall remain in full force and effect. S. Any house or construction began on a lot must be completed within six (6) months after the building permit is issued. T. Any car, truck or motor vehicle located or parked on any lot must be currently licensed. U. Electrical service from Utility Easement power poles to ' the house will be undergound. EXECUTED this 14* day of 01w LAF- , 1983. -nc. p. jama I t DAVID -nj , vice THE STATE OF TEXAS 7 ftWujj@nt COUNTY OF TARRANT I BEFORE HE, the undersigned authority, in and for said County and State, on this day personally appeared o INma or'1 Kw awns INC., known to be to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this d~!Y of 1983. l!? 0 u n an the tats of Texas PAGE FOUR RESTRIC"ONS HEATHERMOOD ESTATES, TARRAHT COUNTY, TEXAS •ww N are .c t AV fl AM nn so do rM~r • d a• M m a* doolo meOwwW boom, C rr~~ ~L Mae 1o~ .OI OEM N *R f ,u and to the Commissioners themselves who in height above ground level or antennas adopted PRB-1. which are to be erected near airports. Thus, under FCC rules some amateii4rttenna sup- Before Since restrictive the port structures require obstruction marking covenants are contractual Federal Communications Commission and Lighting. On the other hand, local Washington, D.C. 20554 municipalities or governing bodies frequently agreements between enact regulations limiting antennas and their In the Matter of > support structures in height and location, e.g. private parties, they are to side or rear yards, for health, safety and Federal preemption of sitate..and) PRB-1 aesthetic considerations. These limiting not generally a matter of local regulations pertaining ) regulations can result in conflict because the to Amateur radio facilities. ) effectiveness of the communications that concern to the emanate from an amateur radio station are Commission. MEMORANDUM OPINION directly dependent upon the location and the AND ORDER height of the antenna. Amateur operators Adopted: September 16, 1985; maintain that they are precluded from Released: September 19, 1985 operating in certain bands allocated for their use if the height of their antennas is limited trailers, pick-up trucks, solar collectors and By the Commission: Commissioner Rivera not participating. by a local ordinance. gardening equipment. 4. Examples of restrictive local or- Background dinances were submitted by several amateur Restrictive Covenants operators in this proceeding. Stanley J. Cichy, 1. On July 16, 198, the American Radio 7. Amateur operators also oppose restric- San Diego, California, noted that in San Relay League, Inc. (ARRL) filed a Request amateur radio antennas come under a coons on their amateur operations which are Diego for Issuance of a Declaratory Ruling asking structures ruling which limits building heights contained in the deeds for their homes or in us to delineate the limitations of local zoning to 30 fat. Thus, antennas there are also their apartment leases. Since these restrictive between ' and other local and state regulatory authority covenants are contractual agreements a matter limited to 30 feet. Alexander Vrenios, over Federally-licensed radio facilities. Mundelein, Illinois wrote that an ordinance oprivate f co parties, they are not generally a matter Specifically, the ARRL wanted an explicit of the Village of Mundelein provides that an since to the Commission. However, e statement that would preempt all local or- snce some amateurs who commented l this antenna must be a distance from the proper- dinances which provably preclude or proceeding provided us with examples of ty line that is equal to one and one-half times significantly inhibit effective, reliable amateur restrictive covenants, they are included for in- its height. In his case, he is limited to an radio communications. The ARRL antenna tower for his amateur station just formation. Mr. Eugene O. Thomas of acknowledges that local authorities can over 53 feet in height Hollister, California included in his comments . regulate amateur installations to insure the 5. John C. Chapman, an amateur living an extract of the Declaration of Covenants safety and health of persons in the com- in Bloomington, Minnesota, commented that and Restrictions for Ridgemark Estates, munity, but believes that those regulations he was not able to obtain a building permit County of San Benito, State of California. cannot be so restrictive that they preclude It provides: effective amateur communications. to install an amateur radio antenna exceeding 35 feet in height because the Bloomington city 8e 2. Interested parties were advised that ordinance restricted "structures" heights to No antenna for transmission or reception they could file comments in the matter.' With of radio signals shall be erected outdoors extension, comments were due on or before 35 feet. Mr. Chapman said that the or- for use by any dwelling unit except upon ap- ' with ith reply comments due dinance, when written, undoubtedly applied proval of the Directors. No radio or televi- December on or before 26, 1984,January 25, 1985.' Over sixteen to buildings but was now being applied to sion signals or any other form of elec- antennas in the absence of a specific or- tromagnetic radiation shall be permitted to hundred comments were filed. dinance regulating them. There were two op- originate from any lot which may Local Ordinances lions open to him if he wanted to engage in unreasonably interfere with the reception of amateur communications. He could request television or radio signals upon any other 3. Conflicts between amateur operators lot. way of a regarding radio antennas and local authorities a variance the ordinance , or he could regarding restrictive ordinances are common. hearing before the City Council, Marshall Wilson, Jr., provided a copy of t The amateur operator is governed by the obtain affidavits from his neighbors swearing the restrictive covenant contained in deeds for that they had no objection to the proposed the Bell Martin Addition M2 Irving, Texas. regulations contained in Part 97 of our rules. antenna installation. He got the building per- Those rules do not limit the height of an It is binding upon all of the owners or pur- amateur antenna but they require, for aria- mot after obtaining the cooperation his chasers of the lots in the said addition, his or tion safety reasons, that certain FAA notifca- neighbors. His concern, however, is that he their heirs, executors, administrators or icon and FCC approval procedures must be had to get permission from several people assigns. It reads: followed for antennas which exceed 200 feet before he could effectively engage in radio communications for which he had a valid No antenna or tower shall be erected upon FCC amateur license. any lot for the purposes of radio operations. 6. In addition to height restrictions, other 'Notes appear on page 63. limits are enacted by local jurisdictions-anti- William J. Hamilton resides in an apart- climb devices on towers or fences around ment building in Gladstone, Missouri. He them; minimum distances from high voltage cites a clause in his lease prohibiting the erec- power lines; minimum distances of towers tion of an antenna. He states that he has been from property lines; and regulations per- forced to give up operating amateur radio The effectiveness of the tatmng to the structural soundness of the equipment except a hand-held 2 meter antenna installation. By and large, amateurs (144148 MHz) radio transceiver. He main- communications that do not find these safety precautions objet- tains that he should not be penalized just tionable. What they do object to are the because he lives in an apartment. emanate from an amateur sometimes prohibitive, non-refundable ap- Other restrictive covenants are less global radio station are direetl plication filing fees to obtain a permit to erect in scope than those cited about. For exam- ,Y an antenna installation and those provisions ple, Robert Webb purchased a home in upon the loea- in ordinances which regulate antennas for Houston, Texas. His deed restriction pro- dependent Pon purely aesthetic reasons. The amateurs con- hibited "transmitting or receiving antennas tion and the height of the tend, almost universally, that "beauty is in extending above the roof line." the eye of the beholder." They assert that an 8. Amateur operators generally oppose antenna. antenna installation is not more aesthetical- restrictive covenants for several reasons. They ly displeasing than other objects that people maintain that such restrictions limit the places keep on their property, e.g., motor homes, that they can reside if they want to pursue November 1985 61 ~r t'f their hobby of amateur radio. Some state that We do not believe there should be any of local zoning authorities. they impinge on First Amendment rights of restrictions on the antennas and towers ex- free speech. Others believe that a constitu- cept for reasonable safety precautions. Opposing Comments tional right is being abridged because, in their Tropical storms, hurricanes and tornadoes 16. The City of La Mesa, California has i ; view, everyone has a right to access the air- areaway of life here on the Texas Gulf a zoning regulation which controls amateur waves regardless of where they live. solutely Coast and essential good when preparing communications for a are hur- - antennas. Its comments reflected an attempt 9. The contrary belief held by housing ricane and even more so during recovery to reach a balanced view. subdivision communities and condominium operations after the hurricane has past. or homeowner's associations is that amateur This regulation has neither the intent, nor radio installations constitute safety hazards, 13. The Quarter Century Wireless Associa- the effect, of precluding or inhibiting effec- cause interference to other electronic equip- tion took a strong stand in favor of the is- tive and reliable communications. Such j ment which may be operated in the home suance of a declaratory ruling. It believes that antennas may be builtas long as their con- (televisions, radio, stereos) or are eyesores Federal preemption is necessary so that there oruaron does not unreasonably block views that detract from the aesthetic and tasteful will be uniformity for all Amateur radio in- or constitute eyesores. The reasonable of the housing development or stallations on private property throughout the assumption is that there are always alter- appearance B PAY 1~ natives at a given site for different place- apartment complex. To counteract these United States. ment, and/or methods for aesthetic treat- negative consequences, the subdivisions and went. Thus, both public objectives of con- associations include in their deeds, leases or trolling land use for the public health, by-laws restrictions and limitations on the safety, and convenience, and providing an location and height of antennas or, in some effective communications network, can be cases, prohibit them altogether. The restric- The American Red Cross satisfied. tive covenants are contained in the contrac- A blanket ruling completely set aside local tual agreement entered into at the time of the also came forward to trol control, only for a ruling which recognizes con- the purpose of safety of anten- sale or lease of the property. Purchasers or 's re- na construction, would be contrary to lessees are free to choose whether they wish support the ARRL legitimate local control. to reside where such restrictions on amateur quest for a preemptive antennas are in effect or settle elsewhere. 17. Comments from the County of San Supporting Comments ruling-without amateurs' Diego state: 10. The Department of Defense (DOD) dedicated support, While we are aware of the benefits provided supported the ARRL and emphasized in its by amateur operators, we oppose the is- comments that continued success of existing disaster relief operations suance of a preemption ruling which would national security and emergency preparedness elevate 'antenna effectiveness' to a position would significantly suffer above all other considerations. We must, telecommunications plans involving amateur however, argue that the local government stations would be severely diminished if state and that its ability to must have the ability to place reasonable and local ordinances were allowed to prohibit limitations upon the placement and con- the construction and usage of effective serve disaster victims figuration of amateur radio transmitting amateur transmission facilities. DOD utilizes and receiving antennas. Such ability is volunteers in the Military Affiliate Radio Ser- would be hampered. necessary to assure that the local decision- vice (MARS) ,4 Civil Air Patrol (CAP) and the makers have the authority to protect the public health, safety and welfare of all e Radio Amateur Civil Emergency Service citizens. (RACES). It points out that these volunteer In conclusion, I would like to emphasize communicators are operating radio equip- an important difference between your ment installed in their homes and that undue regulatory powers and that of local govern- restrictions on antennas by local authorities 14. In its comments, the ARRL argued meats. Your Commission's approval of the adversely affect their efforts. DOD states that that the Commission has the jurisdication to preemptive requests would establish a the responsiveness of these volunteer systems preempt certain local land use regulations 'national policy'. However, any regulation would be impaired if local ordinances in- which frustrate or prohibit amateur radio adopted by a local jurisdiction could be terfere with the effectiveness of these communications. It said that the appropriate overturned by your Commission or a court if such regulation was determined to be important national telecommunication standard in preemption cases is not the ex- unreasonable. resources. DOD favors the issuance of a tent of state and local interest in a given ruling that would set limits for local and state regulation, but rather the impact of that 18. The City of Anderson, Indiana, sum- regulatory bodies when they are dealing with regulation on Federal goals. Its position is marized some of the problems that face local amateur stations. that Federal preemption is warranted communiti es: 11. Various chapters of the American Red whenever local governmental regulations Cross also came forward to support the relate adversely to the operational aspects of I am sympathetic to the concerns of these ARRL's request for a preemptive ruling. The amateur communication. The ARRL main- antenna owners and I understand that to Red Cross works closely with amateur radio tains that localities routinely employ a variety gain the maximum reception from their volunteers. It believes that without amateurs' of land use devices to preclude the installa- devices, optimal location is necessary. dedicated support, disaster relief operations tion of effective amateur antennas, including However, the preservation of residential Ifiveable' would significantly suffer and that its ability height restrictions, conditional use permits, is jeog rdizeis as neighborhoods to serve disaster victims would be hampered. building f setbacks and dimensional limitations front t yards by placing acing t these antennas in yards of homes. Major problems of It feels that antenna height limitations that on antennas. It sees a declaratory ruling of public safety have been encountered, par- might be imposed by local bodies will Federal preemption as necessary to cause titularly vision blockage for auto and negatively affect the service now rendered by municipalities to accommodate amateur pedestrian access. In addition, all com- the volunteers. operator needs in land use planning efforts. munities are faced with various building lot 12. Cities and counties from various parts 15. James C. O'Connell, an attorney who sizes. Many building lots are so small that of the United States filed comments in sup- has represented several amateurs before local established setback requirements (in order port of the ARRL's request for a Federal zoning authorities, said that requiring vulnerable preserve adequate air and light) are ruling. The comments from the amateurs to seek variances orspecial preemption use cep- these antennas: Director of Civil Defense, Port Arthur, Texas proval to erect reasonable antennas unduly the exercise of preemptive authority by are representative: restricts the operation of amateur stations. He the FCC in granting this request would not suggested that the Commission preempt be in the best interest of the general public. The Amateur Radio Service plays a vital role zoning ordinances which impose antenna ' with our Civil Defense height limits of less than 65 feet. He said that 19. The National Association of Counties program herein Port Arthur and the design of these antennas and this height would represent a reasonable (NACO), the American Planning Association i towers lends greatly to our ability to com- accommodation of the communication needs (APA) and the National League of Cities municate during times of disaster. of most amateurs and the legitimate concerns (NLC) all opposed the issuance of an anten- 62 o~= Ili na preemption ruling. NACO emphasized policies concerning amateur radio operators. called on in times of national or local ~ur that federal and state power must be viewed 22. Few matters coming before us present emergencies. By its nature, in harmony and warns that Federal intrusion such a clear dichotomy of viewpoint as does Radio Service also Vi vM_.ft . into local concerns of health, safety and the instant issue. The cities, counties, local fos_ individuat "ope~t9 1 1E welfare could weaken the traditional police communities and housing associations see an tiouond.podwi!Upon wei Ig tmg these in- power exercised by the state and unduly in- obligation to all of their citizens and try to terests, we believe a limited preemption policy terfere with the legitimate acclivities of the address their concerns. This is accomplished is warranted. State Old IbCN,ltifti states. NLC believed that both Federal and through regulations, ordinances or covenants operate to p wbxle local interests can be accommodated without oriented toward the health, safety and general in their oomomoities.ares a preempting local authority to regulate the in- welfare of those they regulate. At the opposite federal objetxives, and =m two stallation of amateur radio antennas. The pole are the individual amateur operators and 25-~lecanse amatettr APA said that the FCC should continue to their support groups who are troubled by 000 we a W as: eti leave the issue of regulating amateur anten- local regulations which may inhibit the use emplod~a~mothw;htlpRt~Y nas with the local government and with the of amateur stations or, in some instances, affect the'df state and Federal courts. totally preclude amateur communications. mumaiiio _a " _ amatat a0ma Aligned with the operators are such entities ragtdre;Rttai Discussion as the Department of Defense, the American lions-tbari other: ff they are to provide the 20. When considering preemption, we Red Cross and local civil defense and amateur operator with the communications must begin with two constitutional provisions. emergency organizations who have found in that he/she desires to engage in. For exam- The tenth amendment provides that any Amateur Radio a pool of skilled radio pie, an antenna array for international powers which the constitution either does not operators and a readily available backup net- amateur communications will differ from an delegate to the United States or does not pro- work. In this situation, we believe it is ap- antenna used to contact other amateur hibit the states from exercising are reserved propriate to strike a balance between the operators at shorter distances. We will not, to the states. These are the police powers of federal interest in promoting amateur opera- however, specify any particular height limita- the states. The Supremacy Clause, however, lions and the legitimate interests of local tion below which a local government may not provides that the constitution and the laws of governments in regulating local zoning regulate, nor will we suggest the precise the United States shall supersede any state law matters. The cornerstone on which we will language that must be contained in local or- to the contrary. Article III, Section 2. Given predicate our decision is that a reasonable ac- dinances, such as mechanisms for special ex- these basic premises, state laws may be commodation may be made between the two ceptions, variances, or conditional use preempted in three ways: First, Congress may sides. permits. Nevertheless, local regulations which ''*1 expressly preempt the state law. See Jones v. 23. Preemption is primarily a function of involve placement, screening, or height of Rath Packing Co., 430 U.S. 519, 525 (1977). the extent of the conflict between federal and antennas based on health, safety, or aesthetic Or, Congress may indicate its intent to com- state and local regulation. Thus, in con- considerations must be crafted to accom- pletely occupy a given field so that any state sidering whether our regulations or policies modate reasonably amateur communications, law encompassed within that field would im- can tolerate a state regulation, we may con- and to represent the minimum practicable M plicitiy be preempted. Such intent to preempt sider such factors as the severity of the con- regulation to accomplish the local authority's could be found in a congressional regulatory flict and the reasons underlying the state's legitimate purpose.' scheme that was so pervasive that it would be regulations. In this regard, we have previously 26. Obviously, we do not have the staff or reasonable to assume that Congress did not recognized the legitimate and important state financial resources to review all state and local intend to permit the states to supplement it. interests reflected in local zoning regulations. laws that affect amateur operations. We are See Fidelity Federal Savings & Loan Assn v. For example, in Earth Satellite Communica- confident, however, that state and local de la Cuestra, 458 U.S. 141, 153 (1982). tions, Inc., 95 FCC 2d 1223 (1983), we governments will endeavor to legislate in a recognized that manner that affords appropriate recognition to the important federal interest at stake here . countervailing state interests inhere in and thereby avoid unnecessary litigation in Aw the present situation For example, we this area. Amateur operators who believe that over- The Supremacy Clause do not wish to preclude a state or locality local or state governments have been s from exercising jurisdiction over certain reaching and thereby have precluded ac- 'OR however, rprovides that elements of an SMATV operation that complishment of their legitimate communica- properly may fall within its authority, such eons goals, may, in addition, use this regulation publication in safety and question is health, not document to bring our policies to the atten- as zoning M_ the constitution and the provided ided the or laws of the United States undertaken as a pretext for the actual pur- tion of local tribunals and forums. pose of frustrating achievement of the 27. Accordingly, the Request for shall supersede any state preeminent federal objective and so long as Declaratory Ruling filed July 16, 1984, by the y the non-federal regulation is applied in a American Radio Relay League, Inc., IS law to the contrary. nondiscriminatory manner. GRANTED to the extent indicated herein o and, in all other respects, IS DENIED. 24. Similarly, we recognize here that there FEDERAL COMMUNICATIONS are certain general state and local interests COMMISSION which may, in their even-handed application, William J. Tricarico n legitimately affect amateur radio facilities. Secretary Finally, preemption may be warranted when Nonetheless, there is also a strong federal im, state law conflicts with federal law. Such con- terest in promoting amateur communications. flicts may occur when "compliance with both Evidence of this interest may be found in the Notes x Federal and state regulations is a physical im- comprehensive set of rules that the Commis- ,public Notice, August 30, 1984, Mimeo ~t possibility," Florida Lime & Avocado sion has adopted to regulate the amateur No. 6299,49 F.R. 38113, September 14, 1984. ^"w Growers, Inc. v. Paul, 373 U.S. 132,142,143 service.' Those rules set forth procedures for Public Notice, December 19, 1984, Mimeo (1%3), or when state law "stands as an the licensing of stations and operators, fre- No. 1498• obstacle to the accomplishment and execution quency allocations, technical standards which 'Order, November 8, 1984, Mimeo No. 770. 13 of the frill and objectives of Con- amateur radio equipment must meet and military MARS y solely under the auspices of the purposes which recruits volunteer amateur gress," Nines v. Davidowitz, 312 U.S. 52, 67 operating practices which amateur operators operators to render assistance to It. The (1941). Furthermore, federal regulations have must follow. We recognize the Amateui Commission is not involved in the MARS the same effect as federal statutes. Radio Service as a voluntary, Proram. preemptive mOnCOmmEiQ81 47 C R Part 97. Fidelity Federal Savings & Loan Association communication service, particularly with -we reiterate that our ruling herein does not v. de la Custra, supra. respect to providing emergency commumca- reach restrictive convenants In private con- 21. The situation before us requires us to lions. Moreoever, the Amateur Radio Service tractual agreements. Such agreements are es voluntarily entered Into by the buyer or _ determine the extent to which state and local provides a reservoir of trained operators, tenant when the agreement is executed and ° zoning regulations may conflict with federal technicians and electronic experts who can be do not usually concern this Commission EFED November 1985 63 +w, err Michael Kreuser Mail 12315 William Dowdell Cypress, Texas 77429 I i July 1989 r Karen Gandy City of Southlake 667 N. Carroll Ave. Southlake, Tx 76092 RE: Zoning Board of Adjustment Antenna height appeal Dear Ms. Gandy: Sorry I missed you last Wednesday when I dropped off the appeal form for the Zoning Board. I am enclosing a copy of the Federal Communications Commission Private Radio Board Ruling PRB-1. Since this ruling is only a few Ali years old it is likely that Southlake officials are not familiar with it. This FCC ruling directly applies to my appeal. I would have have included this with my application but did not have a copy available to me in Dallas. Notwithstanding the FCC ruling which, I believe, supports my request, there are a few other possible concerns which I want to address. The additional height requested is only 30ft above the existing limit. This is necessary to provide more reliable long distance communication. The visual impact of the increased height will be minimal as the tower will be placed at the rear of my lot which is 1.Z acres and adjacent to the Army Corp. property. Also the tower itself should not be compared with the large high tension power company towers which currently cross the street and sub division. The power company towers are much, much, larger and in no way compare to what I plan. The tower will be installed per the manufactures specifications and local ordinances to assure safety to private property. Obviously as the owner of the home I would insist and insure that the tower be properly installed to afford maximum protection to my own home. Sometimes the issue of interference to other radio equipment comes up in antenna tower discussions. This is obviously a valid, area of concern. However, interference generally can be minimized by placing the antenna as far away as possible. The effect of raising the the antenna height therefore reduces the possibility of interference. Of course, any interference problems must be resolved regardless of the antenna height. The tower I presently own and plan to relocate in Southlake has been used for a number of years. It is safe and has presented no prob-i-ems within my neighborhood. There is also one important benefit for amateur radio operations in Southlake. Repeatedly, over the years, amateur radio has i provided an important public service in times of emergency by providing communications when other means have failed or are no longer available. My station would be available in case of i emergencies and could possibly provide a vital link in a local crisis. The Department of Defense, Red Cross, and local civil + defense and emergence organizations have traditionally relied "al on amateur radio and integrated amateur operations into their operational plans. I'd be glad to provide further information on my plans if needed. I can be reached in Dallas at 214-830-8964. Thank you for you're help with this matter. Sincerely Yours, Michael Kreuser I a