Supersized flag won’t fly in Libertyville
Business owner Roch Tranel reduced the height of the flagpole he wanted to install on his Milwaukee Avenue property to 70 feet, but it was still too much for Libertyville officials.
A split village board vote Tuesday meant a motion to change the village code to allow the towering pole failed, sending Tranel to the drawing board or perhaps to court.
“I’m afraid the flag and the pole will dominate the canopy over Milwaukee Avenue so much (that) it will be a problem for people,” said Trustee Nick Proepper, one of three ‘No’ votes.
The tally was 3-3, one vote short of approval and ending, for now, a years-long quest by Tranel.
He declined to comment after the vote, and neither he nor his attorney, Jim Babowice, returned a call Wednesday.
Tranel, who grew up on a farm in Wisconsin, has said he long ago was taken with anything to do with the American flag. He was willing to invest about $16,000 on the pole, flag and legal fees to share his patriotic feelings in a supersized way.
Mayor Terry Weppler, an attorney who before he was elected represented Tranel on the same matter, recused himself from the discussion.
Tranel intended to fly an enormous 20-foot by 30-foot flag American flag, the same idea he pitched to the village board in 2006. Sensing defeat, he withdrew but revived the idea last fall.
In 2006, Tranel originally sought a 100-foot pole but scaled it down to 80 feet, which is what he was seeking in the most recent request. He also wanted language in the code to prohibit anything other than the American flag from being flown.
Free speech concerns and potential legal action prompted the board to continue the matter so Tranel could adjust the request.
The version considered Tuesday lowered the height to 70 feet and removed the clause that would have limited the type of flag to government, school, civic, philanthropic or religious groups.
Village code does not specifically address the matter, although staff has been using 45 feet — the tallest building height allowed in the commercial district occupied by Tranel’s business — as the maximum for flag poles.
“I’m trying to think about how this fits in the neighborhood,” said Trustee Donna Johnson, who served as mayor pro tem.
She said Tranel could accomplish the same goal with a 45-foot flagpole. Constituents favored displaying the flag but thought a 70-foot pole was “above and beyond” what was needed, she added.
Babowice said the distance from the ground to the top of the flag atop the Harris Bank building downtown was about 65 feet and argued the village should apply rules equally.
However, that structure was built before zoning codes were initiated. Its flagpole likely would be considered a legal nonconforming structure, village attorney David Pardys said, and equal protection would not apply.
The board last discussed the matter Jan. 11 but continued it until May at Tranel’s request to let the foliage fill out before determining what a 600-square-foot flag would look like at various heights.
Tranel said he pursued 80 feet so the flag would not be obscured by trees.
A building permit application for the pole was filed Jan. 14 and the matter was brought to the board because of the pending request.
Tranel sued the village in May 2008 after being denied an electronic sign. The matter was settled a year ago and Tranel was allowed to install, with restrictions, the fifth electronic message sign in the village.