Liz,
I don't see where my sarcasm lies. I didn't say anything nasty about
either Frank or you, did I? Chill, please.
My point is simply that government cannot assume in advance either one
side or another is presumptively guilty or presumptively entitled in a
hearing context. There are clearly situations in which a variance seeker
can be right and community opponents wrong. There are clearly cases in
which a variance seeker can be wrong and community opponents right.
That's why the government holds hearings: to sift wrong from right and
arrive at a determination.
There is a presumption of property right: I can do what I want with my
property, barring specific exceptions. There is a presumption of zoning
right: my neighbors can assume I will not do anything with my property
that affects the context of their property. There is a presumption of
variance right: I can demonstrate a reason to make an exception to
zoning in a particular case. All these are rights. There is nothing
wrong with exercising any of them.
There is no bad guy in this process. It is all equally lawful.
-- Tony West
Dear Neighbors,
Let's keep it simple for Tony since I find his sarcasm daunting.
Zoning, like the existing Historical Designation, defined the property
as powerfully as its actual height and neglect.
"Due Diligence" is the responsibility of the Buyer.
No Buyer has any reasonable expectation that "Residential" will become
"Commercial", or that the requirement that the property stay "less
than 35 feet tall" be waived just because the local 800# gorillas want
it changed to greater than 100' tall.
For the new owner to allow neglect and to pretend hardship, to extort
our compliance, is a bizarre slap in the face to our neighborhood.
Those opposed to the proposal are not imposing upon these owners. We
are defending our current rights, which include the zoning
and historic designation that existed, before the current owners
hatched their profit seeking scheme. We are trying to keep these
owners from imposing their TL tower, (and anything else that might
follow from such a horrific precedent), on us.
_____________________________________________________________
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