Steve Brandt wrote: >>"I don't normally toot my own horn, but I was a little surprised not to see any discussion of some important changes in zoning for housing moving through the council. Has the election left everyone brain dead? See today's paper. or"<<
Steve, you must not have been reading the "List" before that Z&P Meeting when we were warning Minneapolis of what was coming, and that Commissioner Randal Bradley's "Holman Decree" language was going to be cut out. There have been a lot of posts subsequent to the Z&P Meeting also. These posts included calls for the Mayor and Council members to answer questions concerning their views on "Concentrating" affordable housing and the continued "pattern of discrimination against poor and minority communities". We want Mayor RT Rybak and the City Council to make clear their views on the 1/4-mile spacing ordinance. As Tom Berthiume says, "the sound of silence from them is deafening". Come on folks, we read the minutes from the Shelter Advisory Board. If the Mayor and Council are not scheming to do this without much public input then come out and take away people's fears. Silence only confirms the rumors. Remember that old campaign song "Open and Above Board For ALL The Honest World To See". One of the reasons given for striking the "Holman Decree" language was it might lead to future lawsuits if it were later ignored. I wonder if the City is truly concerned with this? As Steve Minn said at, and after, the Z&P meeting, there was no reason why language could not be included to protect "Impacted Neighborhoods" and to increase the "Comfort Level" of those neighborhoods. Now on to the City creating its own lawsuits. The City is considering an action that will either remove Minneapolis' ability to have any parking restrictions in the City, or creating a precedent that will allow any business denied a total parking variance from bringing legal actions for arbitrary application of parking variances. PPL is asking for a parking variance for a building on 11th Avenue and Franklin, to be able to have over seventy employees, and who knows how many clients, park without even ONE off street parking space. No traffic or parking impact study has been performed. The building has sat empty for three years; grandfathering would seem to have gone away. Even so, the City would not be varying its regulations; it would be tossing them out of the window for the benefit of one of the most powerful Non-Profits in Minneapolis. Granting such a variance would be so arbitrary and capricious in nature that denying any other similar request would certainly be grounds for an actionable item. We need the City to treat even its "friends" as not being above the law. Equitable treatment of all is the one sure way to AVOID costly lawsuits. People do not have to create lawsuits for the City of Minneapolis. The City seems very good at encouraging and inviting them on its own. There is presently a Federal Lawsuit in progress because the City violated its own ordinances in favor of PPL on a site only two blocks away. City Planning staff have found that the granting of such a parking variance may cause negative impacts on the "Health and Welfare" of the neighborhood, and the Planning staff has recommended that NO parking variance be granted for that reason. I would urge caution by a City Council. As Dan Niziolek said in the hallway, anytime Planning Staff recommends against a variance and a neighborhood organization votes unanimously to oppose that same project, "something is wrong with it." I might add that anytime Businesspeople, Social Service Agencies, Non-Profit Housing providers, Renters and Homeowners combine to vote unanimously against something, there is defiantly something wrong with it! Apparently Council Person Lisa Goodman thought my postings on the List were threatening "Lawsuits" about this particular project. Actually, I was seeking other neighborhoods to join the battle about "illegally concentrating supportive housing". While legal action might occur because of removing any off street parking requirements for 1033 East Franklin, I was not just speaking of legal action by the neighborhood. I was attempting to WARN the City Officials and citizens of Minneapolis of the potential for legal action on the part of businesses and individuals denied parking variances in the future! Taking such an arbitrary and capricious action would literally throw open the floodgates for such suits! IF the City Council were to ignore its own ordinances in such a manner it would remove the force of law from that ordinance, unless it is arbitrary in nature. I think the former lawyers on the Council such as Council Members Lane, Zerby, Ostrow, and others with sound judgment, such as Scott Benson, need to look closely at the potential for litigation in this case, (or the harm it would potentially do to the City). How can the Council possibly stop some small restaurant or store, with neighborhood support, from doing business without sufficient off street parking, if it is willing to vary from the norm by such a huge margin for one of its "Friends"? How is it possible, or reasonable, for Minneapolis to REQUIRE one off street parking space per housing unit, (even in poor neighborhoods), if it is willing to make such a huge variance, requiring NONE, for PPL? Someone may say, "Well it is hardship". This old dog don't hunt, because people without the parking needs of PPL have been attempting to buy or lease the 1033 Franklin building. With out success! PPL occupies a building on the corner of Franklin and Chicago that they have left more than half empty for several months. That property has parking lots. PPL also owns half a block across the street from its present headquarters that could have a building built on it. No hardship exists and that is the only justification for variances of a reasonable nature. Variance is not the word in this case. Removing all laws and regulations for a "special" friend is a more apt description. Well, hopefully the reasonable and honorable members of the Council will uphold the appeal and prevent this travesty of justice and this undermining of the legitimacy of Minneapolis ordinance. Jim Graham, Ventura Village _______________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:mpls@;mnforum.org Subscribe, Unsubscribe, Digest, and more: http://e-democracy.org/mpls
