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Mon, Apr 02, 2007

FAA Says No, Again, To San Diego Office Tower Construction

Crane Placing Heavy Equipment Atop Tower Presents Navigation Hazard

San Diego's Sunroad Enterprises hasn't let a "no" from the FAA impede its current plan to complete its 12-story office, 180-foot building near Montgomery Field.

In fact, Sunroad has been on the receiving end of five denials for requests for permission to use a crane and a helicopter to place heavy equipment on top of the office tower, reports the San Diego Union Tribune.

"We're not going to allow additional increases in the height of a building that we already determined is a hazard to air navigation, even if those increases would be temporary," said FAA spokesman Ian Gregor.

The FAA declared Sunroad's 180-foot-tall building a hazard back in August because it exceeds the agency's 160-foot height limit.

Planes that fly into Montgomery Field with low clouds or high wind, about 15 percent of annual landings, must circle within 400 feet of the building.

Although the FAA does not have jurisdiction over land-use decisions outside the airport proper, it can control what Sunroad does in the sky above the building.

Sunroad first asked to erect a crane on top of the building January 30, 2007. Two more rejections for cranes came within weeks of the applications. A fourth request for a crane was filed Monday and was denied Thursday.

On February 8, the FAA cited the city's stop-work order when it denied Sunroad's request to use a helicopter to lift the equipment to the top of the building.

The FAA's denials have slowed, but have not stopped building progress; the company has found other ways to install some of the equipment essential to finishing the building.

The air-conditioning and heating units and elevator components are being dismantled and hauled to the roof on a small construction elevator, where they are then reassembled.

"Disassembling those components is an expensive and time-consuming chore," said Tom Story, Sunroad's vice president of development. "But that appears to be the only option available to us." 

Story said his company will hold the city liable for the expense, which he estimates will run into the tens of thousands of dollars.

The Sunroad project has sparked heated exchanges between City Attorney Michael Aguirre and city officials over his attempts to force the developer to comply with FAA safety standards.

Additionally, Aguirre filed a lawsuit to force Sunroad to take down the top two floors, maintaining that the building is a public nuisance. Sunroad countersued for $40 million, saying it abided by construction permits issued by the City.

Those permits were issued before the FAA was made aware of the building and declared it a hazard. City building officials assert they had no indication before the FAA's declaration that a tall building near the airport would be dangerous.

The city ordered Sunroad to stop work on the top 20 feet of the building in October, 2006, until the FAA's safety concerns could be addressed. A modified stop-work order has been ignored by Sunroad.

FMI: www.faa.gov, http://gc.kls2.com/airport/MYF, www.sunroadenterprises.com

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