drock59,
Your problem is the CPR overflow itself, since it's height is limited, you will run into that problem as the flow put out by your return pump will determine whether your tank will overflow. The higher you put the pipe, the higher the water reaches in your overflow box, thus setting up a new equilibrium and this new equilibrium in your case is causing the the tank to overflow.
So, to make the case more extreme, say you put that emergency pipe 2 mm below the very top of the water in your tank where it is normally when everything is working properly, and you suddenly get a clog... Now, if you were flowing only like 50 gph through the overflow, the tank probably wouldn't overflow, because the pipe could easily handle that flow, but if you started pushing more and more water, due to the increased depth of water in the external overflow box because of the high pipe, you'll get a flood. So, now you've got to find a balance.
Peace,
John H.