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<br />",,'-- <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />... <br /> <br />Pogo 4A <br /> <br />Thurs.. May 14, 1981 <br /> <br />THE 8ULLETIN <br /> <br /> <br />In the Mailbag <br /> <br />To the Editor: <br />In action May 7, 1981, the New Brighton <br />Planning Commission approved a zoning <br />code revision which will create a <br />significant number of citizen lawbreakers <br />if the City Council ratifies it at their May <br />2'hmeeting. Singling out only one point as <br />an example, no part of an antenna plus <br />roof mount shall be more than 4 feet <br />above the roof line. <br />Whereas "staff intended to make the <br />highest point up to 34 feet above the <br />ground," Chairman Leverkuhn was <br />adamant on the 4 feet restriction above <br />roof line. <br />The action being taken is truly un- <br />fortunate from two obvious standpoints. <br />First of all, physical laws require that <br />antenna elements be of a precise length in <br />order to be tuned. If the proper length, <br />which is height for a verticala,ntenna, is <br />not present it is like breaking a link in a <br />chain - it becomes worthless. In the <br />second place, the Commission and the <br />New Brighton Council are placing <br />themselves in conflict with the law of our <br />land. Radio and television have clearly <br />been established as not only national to <br />avoid chaos but international by treaty. <br />The F.C.C. has been assigned total <br />authority to regulate proper transmission <br />and reception. Physical lengths and <br />heights .are part of proper transmission <br />and reception. <br />In an unbecoming display of pique at <br />the April 21 council meeting Mayor , <br />Senden indicated that New Brighton and <br />the National League of Local <br />Municipalities woulli be ready to take on <br />the federal government over this. In a <br />recent federal court case, the city of <br />Placentia, California was required to pay <br />substantial attorney's fees and court costs <br />in an antenna height case where it was <br />found that constitutional rights were <br />violated. <br />Concern for health, safety and well- <br />being of citizens was put forth as the <br />criteria for establishing zoning. Certainly <br />admirable, I seriously question proposed <br />rules so sweeping that I would be made a <br />lawbreaker although neither health, <br />safety. nor well-being have been affected. <br />My son Todd, 12, put together a lun- <br />chbox size Heathkit transceiver from <br />Christmas. With just one watt from a roof <br />mounted antenna, he transmitted by code <br /> <br />to New Zealand the first day with many <br />contacts since. This antenna looks like a <br />thin pencil reaching 'r1 feet above the rool <br />line. Hardly awesome or dancerous, <br />however, as it came in a 12 pound ship- <br />ping weight box. <br />Will myopic zoning force down or <br /> <br />NcY-t l/'.cet;f\1) <br />.J <br /> <br />prevent erection of radio and TV antennas <br />which do not harm the public health, <br />safety or well-being? <br /> <br />Harehl T. Mitchell <br />Z413 btea Lane <br />New Brilhtfm. MN <br /> <br />'(; :Ir:; ;,.1/1. -r lAC"',., M "-'I 2. G, <br />