this has nothing to do with the flag, this has to do with "the donald", if he were a ordinary multi millionaire he would have gone to council and thrown around a few million dollars and got a variance from 42ft to 80ft like they all do, but he is "the donald" and he wants to stick his 80 ft pole in their face.
i have seen the same thing when developers try to build the tallest building in town, they know what the code is but they will draw plans that exceed the code then ask(demand) variance so they can build the tallest building in town.
(tall building/flag pole=phallic symbol)