Laserfiche WebLink
specifications, which rate the tower secure in eighty-nile-per-hour <br />winds. Although the city generally relies on such specifications <br />produced by esnufacturers, it declined to do so in this case. In <br />addition, the tower was retractable, and the city could require <br />Pentel to retract It whenever bad weather threatened. Moreover, <br />the city In 19*7 allowed a nearby anateur radio operator to erect <br />a alnllar tower, and that one was cloMr to the operator's property <br />line than Pentel'e was to be. The record before us thus does not <br />establish a factual basis for the city's safety concerns. <br />Third, the city clalns that It believed It reasonably <br />acconnodated Pentel because she already successfully engages in <br />anateur conwinlcatlona. Pentel subnitted with her application a <br />letter of co«»ndatlon for her public services. The city's <br />planning report concluded that this letter de«.netrated the <br />adequaey of Pentel'e current antenna. Pentel has pointed out, <br />however, that the public aervlce. cited in the letter were not <br />related to the aaateur connunlcations in which she engaged fron her <br />hone. in fact, the letter sakes It clear that the amateur <br />eomnunicatlons for which Pentel was to be cosMnded were conducts <br />at th« Air National Guard baaa In Mlnnaapolla. <br />in addition, tho aayor and aoaa nambora of tho city counc.l <br />indicatad In thair dapoaltlons that thay concludad f.c Pantal's <br />•tatananta at tha haarlm|a that aha alraady %raa coaaunicating <br />affactivaly. albaIt not to tha axtant aha daairad. Tfia haarln^a <br />alnutaa Indicata that Pantal statad that aha aaa afcla to raach only <br />aporadieally varioua piacaa in tha Unitad Stataa, ai^ that har <br />currant antanna did not allov rallabla lonq-rafvja tranablaaiona. <br />proiiptad. har attornay reluctantly attaaptad to quantify tha <br />co«mnicationa. ha characteri*ad Pantal'a currant chancaa for <br />Bakinq contact at 40 percent, and aatlnatad thoaa chancaa at 80 <br />ao percent with tha laprovad tower. The context of these „e»a.it» <br />and Pentel'a other atateaenta indicate that these chances c. <br />«ucce«referred to done91 io .-onnunicat;ona on 1 y <br />- liil •