Real Estate Article

Mark Sonney

REAL 382

Article date: 7/12/2012

Article Write Up

This article is written about an incident that took place in Erie, Pennsylvania. A man by the name of Richard Rambaldo bought the rights to a radio station and wanted to construct a 73-foot-tall antenna within a residential area; his claim was that there was not another area that he could construct the antenna. (Erwin) A handful of residents within the radius of the antenna opposed the idea of this being constructed in the location in which it was being proposed. Some of the residents in the residing area created and signed a petition, a total of 93 signatures were gathered opposing the radio antenna project. (Erwin) The antenna was being opposed because of its physical nature as well as potential health issues. After the public hearing was held a conditional-use permit was granted to Rambaldo for the construction of the antenna by the Zoning Hearing Board. (Erwin)

A conditional-use permit is given when a property owner has the need for a special use of his or her property that is allowable within that zone. In Erie the developer must conduct a meeting with all property owners and residents within a 500 foot radius of the proposed site. After this meeting a public hearing is held to address the concerns of both sides and a final judgement is made after the hearing. Based off of my understanding of this article I believe that Richard Rambaldo was granted a conditional-use permit, as opposed to a variance, for the construction of his radio tower for the following reasons. Rambaldo showed the need to build in the particular area as opposed to other locations within the cities limits. The potential health concerns also had to be addressed otherwise the FCC and the city would not have allowed the construction of the antenna. I also believe that he managed to demonstrate that the property nearby would not decrease in value because of the new antenna. Richard Rambaldo did receive the...