Anyone for rezoning?

OkeeDon · Jun 13, 2004

If your kid actually said that (or words to that effect) you've done a good job raising her.


Oh, she said it, alright, and at age 16, to an adult! I don't know how much I had to do with it, however, because she has always been willing to say exactly what she thinks, regardless of the consequences. At age 34, it still gets her into occasional "trouble". I have, on occasion, mentioned the concept of "tact" to her, but for the most part, I stand back and watch, with a secret grin.

I hope you pursue your suit for damages, although for your sake, I hope it's resolved before you have to resort to litigation. One of the reasons why it's hard to pin a label on me is because I try to position myself on an issue based on common sense rather than any ideology. Property rights are considered to be a "conservative" issue, and I generally come down on the "liberal" or "progressive" side. I fully support the right of others to have a say in the outcome of property issues which affect them, but I also fully support that they have the responsibility to pay the financial cost for that right.

Libertine · Jun 18, 2004

OkeeDon et al,

Well, commission approved rezoning. So, over the big hurddle. How did I get it through? Thought I would post the presentation (below) - really just kidding, but humor always relieves tension. Some of you may get a chuckle out of it. There are a lot of allusions not obvious (for example: they are big on master plans, the staff recommendations to the commission are approved about 70% of the time, their original plan was to rezone only part of the property, they are big on "buffer" zones, one neighbor wrote a letter claiming this rezoning would increase crime, tanneries are really stinky, casinos are popping up all over etc. etc).

Anyway, thanks. Enjoy below.

JEH

My Plan
Hello. My name is, ummm, aaah, wait a minute, let me check my driver’s license. Since I only have 5 minutes, I will try to make this real, real quick.

I am asking the Commission to 30% overturn the staff recommendation for partially rezoning my property. My reasons are:
1) Partial rezoning is directly in conflict with my master plan of life.
2) Partial rezoning will not leave quite enough space for the nice sized tannery which is to serve as a “buffer” between the hog confinement operation and the toxic waste dump, leading to
3) Possible illness to the public from eating the meat to be sold in the open air, roadside butcher shop planned for the interstate side of the property.
4) Partial rezoning will not allow enough setback from the green “buffer” zone at the edge of the property for the planned homeless shelter for derelicts and drug users, leading to
5) The inmates climbing over the fence and slithering up and down the street thus damaging the peaceful, serene quality of life nearby residents now enjoy.
6) Partial rezoning will only allow for the installation of 205 slot machines instead of the 495 called for in the master plan of life, leading to
7) An inadequate number of opportunities for nearby residents to satisfy their gambling urges (63 casinos instead of the planned 64).
8) Partial rezoning will only allow 187.5 ft2 for the planned fireworks manufacturing facility, thus depriving local residents of the opportunity to purchase as many homemade explosives as they might want, and, even worse, will reduce dignified employment opportunities for residents of the homeless shelter, leading to
9) More crime in the area from the now unemployed drug addicts.

For all these reasons I am asking the Commission to revise the staff recommendation and approve it only 70% wise.

OkeeDon · Jun 18, 2004

Great! Now that they've approved it, it's too late for them when they find out you weren't kidding... /forums/images/graemlins/grin.gif

...which, of course, is why they are so scared of rezoning. They approve the change for that nice church group that wants to open a charity thrift store, and the next day the property is sold to the **** shop chain for more money than the thrift shop could have made in a century.

Libertine · Jun 19, 2004

OkeeDon:

Now that they've approved it . . . 

Actually, it has to be enacted into "law" via an ordinance. However, it's over the big huddle. From what I understand, unless somebody is willing to push it with some kind of big stink it's pretty much a done deal though.

sold to the **** shop chain 

ummm. Actually, there's a lot more to opening a business than just zoning (business licenses, umteen permits, etc.). If you were going to do something they really didn't want there are many choke points to stop it even after rezoning. Anyway, thanks for your interest and suggestions. Should be "official" within 30-45 days.

JEH

Libertine · Jul 28, 2004

Actually, it has to be enacted into "law" via an ordinance. 

Well, was approved unanimously by county council. So that's done. Phase two is to get agreement with another frontage owner adjacent to me to sell together - more sq ft means bigger developer means high price per sq ft (for his & mine). Phase three, help this other owner solve his problems with county so they won't try to stop someone from buying it. Phase four - hopefully, collect $20 sq ft from an interested developer. Will see.

JEH

Henro · Jul 28, 2004

I am giving some thought to having an attorney send a letter to all the folks on the street offering them the opportunity to purchase my property at its anticipated commercial value. Then, if they want it left residential, they can take the loss. I doubt it they would do that-they want me to take the loss for what they want. Then initiate legal action against all of them jointly and severally for the damages they caused me. 

JEH,

Just read this thread. Glad you got the approval. But I wonder about what I highlighted in blue above...

Seems to me that those residents would have responded to a letter from the zoning board asking for input. They offered input but really make no decision. The zoning board makes the decision. So it would really be the zoning board that damaged you if anyone did, if they did not approve the zoning change.

Somehow I doubt that approach would gain much in the way of results. Sure it could punish those people by perhaps scaring them into paying for a consultation with their own lawyer...

Seems like the return argument would be that the zoning commission listens no more to them than it does to you, and that it is an independent body that makes decisions that all must abide by.

Or maybe my view of reality is distorted. Don't really know... /forums/images/graemlins/crazy.gif

Anyway, it is great that things are going in your favor... /forums/images/graemlins/smile.gif

Libertine · Aug 1, 2004

Henro:

 Seems to me that those residents would have responded to a letter from the zoning board asking for input. They offered input but really make no decision. 

They did get letter from P & Z - everyone within 1,000 feet did. It was their responses that triggered the P&Z staff to change their recommendation from full rezoning to partial rezoning (i.e. rezone only 1/2 of property. P & Z is a political body and thus responds to irrational inputs. I did have the two adjacent property owners write in favor of the change (they realized this would increase their property values also in the long run). The objectors caused the change from P & Z staff recommendations. If I hadn't been to over turn these objectors would suing them have accomplished much? Probably not. But it would have thrown a wet blanket on others seeking to interfere with their neighbor's property rights.

This whole process was interesting. If enough "citizens" object to something it can kill it, even if the development makes perfect sense. I saw a major corporation loose (at least for now) in another matter. Anyway, the money is not in the bank yet. But the initial hurttle is past. The neighbor I am trying to get to co-operate in selling our properties jointly doesn't really care. He prefers to fight with the county and thinks they won't simply take his property when a new $70,000,000 development is completed just across the street from him. Anyway, we'll see.

Thanks for your interest.

JEH