Article Last Updated: 9/12/2005 09:16 AM
Antenna raising ire in Grand Terrace
Man fights to keep ham radio tower
Stephen Wall - San Bernardino County Sun
GRAND TERRACE - Hans Ehlert spends the wee hours of the morning talking to strangers across the globe.
As a ham-radio operator, he communicates with like-minded souls in Germany, Japan, Russia, Australia and South America.
They chat about technical stuff such as different kinds of equipment and antennas that only amateur radio junkies could understand.
But they also learn about each other's cultures and exchange ideas about current events. Sometimes, they relay messages to and from soldiers serving in Iraq. Lately, they have talked about ways of helping victims of Hurricane Katrina. "We provide emergency communications in times of natural disasters," said Ehlert, a German immigrant who came to the United States in 1967. "It's a thing we do to help people out."
While ham-radio operators have been applauded by authorities in places such as New Orleans, they are coming under fire closer to home.
Ehlert has drawn the ire of his neighbors for installing a 32-foot-high amateur radio tower and antenna in the back yard of his Lark Street home.
Neighbors think the structure is an eyesore and have petitioned the city to have it removed.
City officials initially ordered Ehlert to take it down, but after checking into the situation, they concluded that maybe he has a right to have one after all.
The Planning Commission on Thursday is scheduled to decide the fate of Ehlert's tower.
"I'm adamant," Ehlert, 62, said from his second-floor study filled with amateur radio equipment. "The antenna is going to stay here or I'm going to the Supreme Court."
Ehlert, who has a Federal Communications Commission license to be a ham-radio operator, asked the city in February if he needed a special permit to erect the structure on his property.
Ehlert believed he didn't need one because his structure was only 32 feet high. But, he told Associate Planner John Lampe, the tower had crank-up capabilities and could be extended to 55 feet.
Ehlert went ahead and installed the tower in late May. He said he has never raised it beyond 32 feet to comply with the height limit.
He said any lower height or smaller antenna would not allow him to broadcast or receive transmissions as effectively.
In theory, Ehlert thinks he should be able to put up a 60-foot or 70-foot antenna because the city has no specific ordinance regulating amateur radio structures. But he's willing to settle for 32 feet if that's what the city will give him.
"The higher the antenna, the better your ability to communicate," Ehlert said.
After some neighbors complained, city officials on June 1 put a notice on his door forcing Ehlert to remove the antenna until he receives Building and Planning Department approvals, permits and inspections.
Ehlert refused to comply with the order and contacted a lawyer who performs free legal work for amateur radio operators.
In a June 3 letter to the city, Ehlert quoted FCC regulations that limit local authority over amateur radio facilities.
In addition, a law passed unanimously by the state Legislature and signed by then-Gov. Gray Davis in July 2003 requires cities and counties to "reasonably accommodate amateur radio service communications."
On June 17, city officials sent Ehlert another letter in which they stated that after further review of the zoning code, radio antennas and towers more than 20 feet high are considered "accessory structures" and therefore prohibited without a conditional-use permit.
On July 20, Ehlert's lawyer, William Seligmann, responded in a letter to the city, restating that amateur radio facilities must be reasonably accommodated and threatening legal action if he was forced to remove his antenna.
Federal judges in states such as New York and Kentucky have ruled against cities that did not "reasonably accommodate" ham-radio communications.
Because its authority is superseded by state and federal law, the Planning Commission cannot deny the antenna request outright, Lampe said. However, the panel could place conditions and restrictions on its size and location, Lampe said.
Ehlert said he would be willing to move the tower from the side of his property to behind his house to appease neighbors and the city.
He also said he would paint the tower the same color as his house so that it would blend in better.
He said his antenna is reinforced with concrete and supporting steel rods that allow it to withstand 100 mph winds.
Neighbors, however, think the tower is ugly and that it lowers their property values.
"I think it's an abomination to the neighborhood," said Lindy Ward, whose Kentfield Street home is behind Ehlert's property.
Ehlert's wife, Eleanor, disagrees.
"We all know that beauty is in the eye of the beholder," she said. "We think the antenna is gorgeous."
Grandpaterrace wonders: Would Lindy Ward avail her self of the assistance the HAM Radio could provide in the event of no other communication being available? Would Lindy Ward refuse the communication from a family member in a foreign land passed from one operator to the next? What is the value of that? What right does Lindy Ward have to refuse the opportunity for communication to the rest of our community during a emergency here or abroad? Selfish short sighted attitudes of elitist are in many ways what plague our community and country at large. Lets get a grip on what is truly important, and act as if humanity and our neighbors have as much rights as we desire for ourselves. Hans should be applauded for having a hobby, which is also a potential service to others. How is Lindy Ward prepared to be of aid to her neighbors, country and humanity in the event of an emergency, here or abroad.
I bet many of the folks with flat boats that rescued folks had been hassled by their respective city councils for parking their boats in their yards. Don't let the persnickety elitist limit our enjoyment of our homes, and property so that their sense of esthetics is satisfied.
