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Primary Endorsements Earth Day/Trinity Tim Dickey Mary Lou Zijderveld Bachman Warriors Break the Law
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03/08/02 Do Miracles still
happen?
Or, is it a New Day at City Hall?
The Bachman-Northwest Hwy Warriors are still pinching themselves to see if they
are awake and they really prevailed yesterday at the Plan Commission. It's
true, and they have Commissioner Larry Wheat to thank, as well as Commissioners
Neil Emmons, Bill Blaydes and Bruce Wilkie, for a 15-0 denial of a Special Use
Permit to La Guira Club to
LEGALLY OPERATE a dance hall that they have been illegally operating for over a
year.
Like many other areas at City Hall, city staff do not take "community
considerations into account", but this case reveals they make up the rules
as they go and do not take "zoning restrictions into account" either.
This past week at the Oak Lawn Committee, a man wants to build a single family
home on a small lot in a part of Oak Lawn that we call the War Zone because it
is so rough. There are older apartment complexes and rent houses -- most
in need of repair, if not out right demolition. There are several
buildings being remodeled, but they are still the exception. He wanted the
Committee to support his Board of Adjustment application and he already had
staff approval. A Committee member pointed out that his request cannot be
granted as he is applying under the ridiculous rules imposed by the Amendments
to the Oak Lawn Ordinance that Veletta Lill forced on us last year to
accommodate a couple of her suck-ups.
The applicant was advised of how his request would have to be revised so the
Board would not be forced to turn him down. Why didn't staff give him the
correct information in the first place? Because they don't really know the
rules and don't pay attention to them anyway.
That's how Bachman-NW got in this mess in the first place. Staff gave La
Guira a certificate of occupancy in error. Rather than revoke the CO and
admit a staff mistake, somebody was covering up for somebody's mistake.
There's no doubt La Guira will be operating tonight because it is the city's
position that as long as an application is on file there is no enforcement of
the laws. Sort of a free pass to skip jail? This is not a Monopoly
game -- this is real life, and real BNW residents and businesses are suffering
because of the mess in the Planning Department.
This case will obviously be appealed to the council in about a month. We
will see if the council have as much good sense as their appointees on the Plan
Commission. I will be amazed if there is a 15-0 denial because James
Fantroy loves dives like La Guira.
But here's a question to ponder for the next month. A Special Use
Permit stays with the land, no matter how many times the land is sold or leased
after the SUP is granted. That's why there are stringent requirements to
be met before the SUP is granted. If our Zoning Code lists specific
requirements for qualifying for an SUP, why is it staff's policy not to consider
if an applicant has met the requirements for an SUP -- only to consider if the
SUP fits the land use -- based solely on staff's determination?
Here's another question, even more alarming. When did city staff decide
they are "the City" and that "community considerations"
can't be taken into account? |
Congratulations to Bachman-NW Hwy Warriors. Thank you to the Plan
Commission.
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