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Save the Kepler DSO!!! Unbelievable!
Last post 09-17-2008 11:54 AM by cyberpatzer. 26 replies.
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07-07-2008 08:36 AM
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Save the Kepler DSO!!! Unbelievable!
I finally paid for my electrical and structural permits from the city last week. Both approved. I had buried my electrical, poured a $600 massive concrete pad to meet their annying requirements--after diassembling the original structure!
And then--
The inspector wrote up a new citation! I have to take it down! He said the roll off has to be shingled, and the roll off supports have to be removed! I also can't have light shields on it!!
What the (&*%*&@&_*()*+)*!!
He said I will have to petition the city council, and the application for this costs $150!!!!
Keep in mind they APPROVED my plans, and NEVER mentioned the roof was in violation!!
I am beyond angry. I'm going to apply (what choice do I have?), and tell them that if they do not approve the structure that was already approved with or without MINOR changes, I will sue them for the costs associated with the past changes and legal fees, as well as disposal of the structure and/or costs assocated with making a structure that meets code.
Their lack of coordination and incompentence isn't my problem! To me, this borders on harassment.
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johnm

- Joined on 02-02-2007
- Posts 1,255
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Re: Save the Kepler DSO!!! Unbelievable!
What the Hell kind of idiots and incompetents does your town have working for it. Got any lawyer friends?
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Re: Save the Kepler DSO!!! Unbelievable!
Oh, I'm definitely looking into a lawyer. The only question is if I can go to the appeals board without one. It isn't about the money at this point.
Just some dip****s board out of their minds trying to swing the little feller. I've got my shears ready!!!
God, I hate stupid people.
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johnm

- Joined on 02-02-2007
- Posts 1,255
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Re: Save the Kepler DSO!!! Unbelievable!
I'm so glad I live where the only zoning regs we have are that ranch land can't be subdivided into less than 40 acre parcels and there are NO permits required for ANYTHING we want to build.
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Re: Save the Kepler DSO!!! Unbelievable!
So---
You live in freakin' EDEN?????
Peace-
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johnm

- Joined on 02-02-2007
- Posts 1,255
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Re: Save the Kepler DSO!!! Unbelievable!
After neighboring Teton county passed zoning and permitting regs that almost regulate the color of rocks on a persons property, my county, which is 175 miles across and mostly open ranchland, decided they didn't want to see stuff like that here. And thankfully we've been able to hold off the fiends. Old time ranchers don't take kindly to someone telling them what they can do on their land.
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Re: Save the Kepler DSO!!! Unbelievable!
As it turns out, few people enjoy being told what to do with their land! It is extremely invasive, particularly when it seems gratuitious.
Behind all of this, I suspect the city is on a desperate 'find the cash' stint, as house values are plummeting and people are leaving by the truck load... Or the laborer with a clipboard is looking for a bribe...He'll be lucky to keep his job if I get my way! To lazy to see what permits have been approved??
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johnm

- Joined on 02-02-2007
- Posts 1,255
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Re: Save the Kepler DSO!!! Unbelievable!
Yeah, what you're being put through seems almost obscene.
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chipdatajeffB

- Joined on 07-16-2002
- Dallas area, Texas
- Posts 7,261
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Re: Save the Kepler DSO!!! Unbelievable!
My suggestion would be to invite the zoning board of approval, or city council -- whichever board prompted the letter -- to a private star party. Show them what you're trying to do.
Tell them you're open to suggestions to make it better. Politely point out that your application and plans were already approved and ask them for relief.
Perhaps have a class from a local school there at the same time?
I think once they see what you're doing, and that the community can benefit from it, they might at least be open to a zoning variance -- assuming there really is some ordinance that's in question.
I have had a running discussion with my Homeowner's Assocation over plans to build my own backyard observatory. While they at first were confrontational with me, I've avoided threatening them in return. Over a period of about two years now they've come around to my way of thinking and the only argument now is (a) the structure must "look" like it's part of the house -- it must match it architecturally, and (b) it either must be completely removable if I sell the house, or it must increase the appraised value of the house.
They particularly objected to the roll-off roof supports, even if I camouflaged them with plants. Part of my problem is that I do a lot of solar observing and it would be open during the daytime practically daily.
So, now I've decided to build the structure as a "garage" that's attached to the house at one corner. I'm allowed to buy a "kit" garage if I face the outside walls with brick to match the house, at least at the four corners. The pitch of the roof must be at least 1/2 the pitch of the house (that's a zoning deal in our community), but that's low enough that I can fix it so that one half of the roof opens.
I'll have to observe from an elevated platform, but my scopes are small enough that I can do this without a huge concrete pier (a 12" diameter column will suffice). Good news is that bedrock is only 18 inches below the surface.
At any rate, keep an open mind about agreeing to some conditions, but stand firm on the priniciple -- especially if you can demonstrate that the public will (at least occasionally) benefit.
If you need "ammunition" for a counter-argument, photograph other structures in your community that either violate similar ordinances or that are "eyesores" ...
But, first, approach them in a friendly manner and try to sell them on what you're doing.
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astronig

- Joined on 11-06-2007
- M.V. ,Ca.
- Posts 1,672
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Re: Save the Kepler DSO!!! Unbelievable!
See what happens when you pull a permit!.......Go figure. I've been workin' on my ranch/observatory project in north west Arizona. Got the well in at 250 feet & producing 10 gallons per minute. Nine concrete foundations are in (reason I haven't been on line very much lately). But as John mentioned , the only rules other than being limited to one primary residence per parcel is the 40 acre minimum subdivision. You can put up as many out buildings as you please. No permit or inspections required. So here we go. As soon as the weather cools off it's time to start framin' up! 
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Re: Save the Kepler DSO!!! Unbelievable!
Jeff--
You are wise beyond your years--!!
My wife and a work friend suggested I cool down as well. It really isn't about the money--anyone who has followed my purchases the last 6 weeks knows that!! I just want to enjoy my life on my own property!
And while opening the observatory to others--even schools-- is a nice idea I've flirted with, I certainly don' think I should be obligated to become a social project to keep something on my property.
I intend to approach it from a pragmatic/problem solving standpoint: What is in violation? Why? How can it be remedied to make the structure work? Generally, my impression is they have no idea what a home observatory is, nor do they have any code regulating them. So, we are both on essentially new ground here. Instead of driving nice people away, why not try to save a few?
This is all much better than my initial RAMBO scenario.
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aquadan005

- Joined on 10-19-2007
- The Big Blue Marble
- Posts 308
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Re: Save the Kepler DSO!!! Unbelievable!
Some quick research, and I found out that St. Claire Shores enforces the 2003 Michigan building code.
http://www.stclairshores.net/admin/cityhall/code/right.htm
I searched the ST. Claire website and could not find their code on line. But what I found interesting is that Michigan does not require a building permit if the structutre is less than 200 Square feet.
http://www.summittwp.com/zoning/MICHRESCODE.pdf
If I remember correctly isn't the Kepler less than 100 sq. ft. ?
Have you actually read the code for St. Claire ? I'd really like to know why they're busting your Ba&#%#*$s like that. Sounds like a neighbor maybe has some gripe with you and knows someone in city hall ? Keep us posted please and GOOD LUCK !!
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Re: Save the Kepler DSO!!! Unbelievable!
Thanks for the info Aquadan!
I believe that the city uses the national building code in this regard. They most certainly have regulations regarding any construction!
I've picked up the appeals form ($100!). I spoke with the electrical inspector who said I need to have some supports for the PVC and turn an elbow access around! Really now...
I'm waiting for the structural inspectors citation to get mailed to me and then its off to fight city hall. He admitted he had no idea what the structure was...
Kafkaesque.
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Oriontaage

- Joined on 09-04-2007
- Denmark
- Posts 122
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Re: Save the Kepler DSO!!! Unbelievable!
Wow! What a terrible story. My heart goes out to you and I wish you all the best of luck in solving this.
I guess I should not complain too much about my local codes in Denmark, which let me build pretty much anything I want as long as its under 12 sq meter and under 2.5 m tall; this is actually pretty incredible considering how much we are taxed and regulated on everything imaginable to make the government money! I just test fit my first central arch today and was unhappy about having to decrease my planned dome diameter by about 40 cm to be within code. I guess in comparison to your problems I don't have too much to complain about.
Good luck with getting your observatory finished.
Bill
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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The electrical and structural inspectors are out today to look at the observatory. I corrected the annoying minor problem with the electrical pvc. It was only when I went to ask for the final electrical inspection that I discovered that the observatory had been kicked back for structural write-ups two months ago! They didn't even notify me!!!!!
So, I am meeting with these two fine fellows and get a sense of the state of play. I think the electrical will pass. I am hoping that I can take down the light shield behind the observatory and the light baffle in front of the door (a bit of a luxury!), seem like I am loosing my leg, and get the structural guy to sign off. I have the place open and the scope all polished up. I'll explain how it all works (minus CCD imaging!). I will also bring a check book--maybe the easiest way out...
He was complaining that the roll-off supports extend off the pad. I can engineer a solution with uni-strut, but I would rather just get a waiver.
He was complaining that I had a tarp over it as well, which befuddles me. There is an osb flat roof under the tarp. The tarp is to direct percipitation only. What difference does it make?
Anyhow, another day of justifying my hobby to morons.
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johnm

- Joined on 02-02-2007
- Posts 1,255
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Over the years I've heard of various problems amateurs have run into building a small observatory. Caused by arcane building codes, protests by unfriendly neighbors, and some of the worst problems from HOA covenants. Your story is one of the most bizarre I've ever read. I hope you will somehow be allowed to have at least a small operational observatory someday.
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cyberpatzer

- Joined on 09-24-2007
- St. Clair Shores, Michigan
- Posts 708
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Thanks for the sympathy.
I hope I can restrain myself enought to avoid an assault and battery charge.
Another good one: The 80 year old drunk behind me complained that the observatory was an eyesore. This from a guy who lights up a 6-ft tall neon palm tree decoration every summer night as he lubricates himself into oblivion.
Where do you start?
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chuck81

- Joined on 02-09-2007
- SE Oklahoma
- Posts 500
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Re: Save the Kepler DSO!!! Unbelievable!
After reading through this post, I think I would just move. 
Good luck.
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Kevin Bozard

- Joined on 01-13-2006
- South Carolina
- Posts 2,867
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Re: Save the Kepler DSO!!! Unbelievable!
chuck81:After reading through this post, I think I would just move. 
I know that was in jest, but I disagree. I would fight for what I believed in, which I know you will. I see nothing wrong with the observatory. True, the light shield and baffle could use some paint, which would help. Otherwise, it's not a bad looking building at all. I've seen out-buildings that certainly look much worse than yours. You've already met every requirement they've asked, what more do they want? I envy you guys that have permanent homes for your equipment, and I wish I could get mine off of the plan sheets and at least, under construction. Patience? I'm running out of patience, and I've already run out of money. My astronomy budget is busted.... for now. Saving for something you love to do just makes that wait that much harder, and seem that much longer. Stay with it Rich. You'll eventually get this behind you, and the neighbors will just have to get over it.
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leo731

- Joined on 10-19-2005
- Posts 1,448
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Re: Save the Kepler DSO!!! Unbelievable!
I have just read this entire thread and quite frankly am amazed. Living in California one would think the building codes here would be the worst ever but after reading this I now know better.
Actually my observing site is on county land outside of any city so the code is relaxed to the point of near invisibility. The upside is I could build a small observatory of any kind I would want with only an electrical inspection, the downside is that any fool could decide to build a McMansion blocking out the entire sky at any time.
Some regulation is needed in an urban area but it sounds like you have some real buffoons in your local government but that isn't rare either. I can still recall a poor man locally who built a rooftop observatory, fully approved by the way, who later was forced to remove it due to his nieghbors insistence that it was an eyesore as well as a invasion of their privacy.
But stay calm and work through it. Get your other sober nieghbors to endorse your project. Remember always that petty officialdom can be even worse when poked.
L
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