Flags in jeopardy

Mary A. Castillo

Temple Hills resident Kevin Kroft has three more days until the city

starts fining him $50 a day for the three flags that fly between his home

and his neighbor’s.

The fine is part of ongoing debate between Kroft and the Design Review

Board that started in early January when a neighbor complained about the

lights that illuminated the flagpoles.

A few weeks later Kroft received a letter from the city that he needed

to file permits to keep the flags. In March he stood before the Design

Review Board and was told to remove the lights, shorten the poles and

move them out of their present location because they were too close to

the property line, Kroft said. He complied with the first two directives

but felt that moving the poles would compromise the patriotic spirit in

which they were erected.

At Kroft’s final hearing with the Design Review Board on May 2, the

board decided on a 4 to 1 vote that they would not issue a variance on

the flagpoles. According the building code, the poles standing at 15-feet

tall are structures and as such require building permits.

“All we’re trying to do is fly our flags,” Kroft said. “The city is

taking it too far.”

The city does not take issue with the flags nor are they trying to

suppress Kroft’s patriotic spirit, said Louis Kirk, senior code

enforcement officer. “Our job is simple,” he said. “There are structural

requirements that must be met.”

Because the flagpoles remained unchanged, Kroft received a letter

dated May 21 from Marianne McNaughton, a code enforcement officer that

stated he would be fined until the poles were lowered or the city

attorney would review the matter for legal action.

As the deadline approaches, Kroft is looking into his options

including purchasing the land on, which the flag poles stand and

appealing to the mayor and city council.

“I sent a letter to the mayor and the City Council asking for their

assistance in overriding an overzealous design review board ruling,” said

Kroft.

Wayne Baglin confirmed the receipt of Kroft’s e-mail letter but could

not make a statement about possibly intervening on the issue until the

next City Council meeting scheduled for June 8.

“I have not received a formal request for a hearing,” said Baglin.

“His issue was heard by the Design Review Board and he had 10 days to

appeal that decision.”

At the start of each board meeting, the chairman states that everyone

has a 10-day right of appeal on the board’s decision.

Baglin supported the Design Review Board and Kirk in their

responsibility to fully enforce the zoning code. He did however ask the

city manager and city attorney to review the situation and look for a way

to resolve the issue.