Thanks to Jim Bernstein for reading the Journal and the piece on the Unbank.

(For those who haven�t seen it or don�t get the journal, the story is at:
http://www.swjournal.com/display/inn_news/news01.txt)

One of the reasons we wrote the piece is that there seems to be confusion
among neighborhood board members (and probably residents) about how much
power their boards legitimately have. In the story, Councilmember Scott
Benson mentions using a "Zoning 101" to teach neighborhood board members
their limits.

That's a good idea; because neighborhood boards frequently turn over, new
members may think they have the power to "approve" or "disapprove" projects.
(More experienced board members should tell them, but sometimes the "old
pros" don't share their knowledge because hoarding it lets them retain
intra-board power.)

In truth, any vote neighborhood boards take is purely advisory to the City
Council and Planning Commission. That's why in the Journal, we always try to
say a neighborhood board "voted to recommend approval of Project X" rather
than "voted to approve Project X."

Another problem - with historical roots - is that neighborhoods don't
realize their opinion must give way to legally supportable procedures. For
example, the Tangletown board may decide they don't like Unbank, but they
need to know that legally, that's not enough to stop anything. When I was
Kingfield board president (after navigating the new-member learning curve),
I always tried to caution our board that our  comments only mattered if they
were in the context of zoning and city law. That way, we wouldn't issue
opinions that were worthless, or be surprised if they were discarded.

In the past, I think some councilmembers used neighborhood groups as foils
to derail a project when legal roadblocks were lacking. That's not good, and
can expose the city to lawsuits.

I think this council is more careful � which is good, it will save us legal
damages � although perhaps councilmembers need to be more proactive about
letting each new neighborhood board know what the ground rules are.
Fundamentally, it's the councilmember's discretion to send developers to
neighborhoods, so they have the responsibility to make sure those boards
know what they're doing at the beginning.

Personally, I believe it's still good to have neighborhoods review projects.
The folks living closest to the developments often know details city staff
and others might miss. However, those details only matter if neighborhood
boards know what the legal rules are.

The only time opinion matters is if a developer says they won't go ahead
without neighborhood support. But that's the developer's choice.

Ultimately, as always, the power rests with our duly elected City Council,
within the bounds of the law.

David Brauer
Kingfield
Former prez, Kingfield neighborhood association
Current editor, SW Journal and Skyway News

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