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pf10-017
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Planning Files - Planning File #
10-017
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Page 7 of 11 <br />interest involved. So, please understand that when dealing with me I am acting solely on my <br />own behalf and not on behalf of the affected neighborhood or any one person living in the <br />affected neighborhood. <br />With this said, I have spoken with some of my neighbors. All that I spoke with explained to me <br />that they haven't yet been notified by the church of the plans. Judging by what I can gather it <br />has only been me that was notified (albeit with brief opportunity to examine the preliminary <br />plans). I believe that this needs to change. As per your email, you are planning a meeting to <br />discuss notification to the neighborhood. While the language used seems a bit noncommittal <br />to actually having a meeting or providing notice - may I suggest using the church as a meeting <br />place (coffee & cookies etc.) to show all the affected neighbors the plans and also to provide <br />an opportunity to answer questions and concerns? May I also suggest having this meeting <br />before ground-breaking takes place. Further, in my experience, the more information that is <br />provided, the less people get concerned about things that may have been easily dispelled by <br />full and complete disclosure. I have come to understand in my experience in advising <br />corporations that this is an essential tool in risk management and overall Corporate Social <br />Responsibility (CSR) endeavors. <br />In speaking with my neighbors I can confidently say that the initial reaction is very <br />negative. Full and complete disclosure would likely dispel some of the concerns that I have <br />been hearing. And as you know, this "notice" and disclosure issue has been my primary <br />concern. Obviously, the city is in somewhat of a bad situation because "community gardens" <br />aren't contemplated by the city code and they (city planning dep't) thinks that it may not be <br />able to force you to provide notice to the neighbors for something that isn't specifically listed <br />as a"conditional use" or "nonconforming use" et cetera. I vehemently disagree with this as <br />will be made apparent below. <br />Nevertheless, the neighbors I have spoken with have great concerns over the size and scope <br />of the planned project. While the city does not actually regulate "gardens" in R1 districts, the <br />concern of the neighborhood, mine obviously included, is that what is planned is not a"private <br />garden" as the R1 district obviously contemplates, but is rather a material alteration of the land <br />to an "agricultural" use that 1) is not even contemplated by any city zoning designation, <br />description, or permitted use; 2) is a rental of various portions/plots of land by agreement to <br />others for the specific purpose of growing produce, and 3) is, moreover, being used to grow <br />produce for public (as opposed to private) consumption. Thus, it is not the "label" that is <br />placed on the project, but the character and substance of the project that we are focusing on. <br />This is where the city planning department went very wrong. <br />Indeed, the mere fact that part of the church's plan is labeled as an "Orchard" dispels the <br />"garden" land use aspect of what you have planned insofar as it conveys a purpose that is <br />indeed commercial and enterprising in character and context - whether for-profit or nonprofit <br />makes no difference. It is an enterprise to grow produce for public consumption. <br />More Importantiv: one has to seriously wonder if I could use my land to grow sod (a "sod <br />garden" if you will) and provide it for profit or for charity? I would then be using a significant <br />portion of my land to produce sod for public use and consumption. Such a home occupation <br />would not be permitted in the residential ordinance because it is not confined to the <br />dwelling. "The home occupation shall be conducted entirely within the dwelling." (Ord. § <br />1004.01(G)(2)(a)). Further, only the homeowner plus one non-resident can be engaged in the <br />home occupation. (Ord. § 1004.01(G)(2)(b)). Basically, the church needs to make up its mind <br />what it wants to be. A church, a school, a parking facility, or a share-cropping enterprise in a <br />r-. -` <br />4/19/2010 <br />
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