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Single-engine Cessna crashes south of Rabbit Ears Pass January 25, 2015
You were able to get a permit because the law was changed to allow goats with a permit. Previously they were simply banned from within city limits, except for a few very large properties. That law was changed as a result of my response to the enforcement action. Rather than give up the goats I asked that the law be changed. Five years of them living in plain sight had given good evidence that they did not create a hardship to the neighborhood.
But to give credit where it is due, if not for a sympathetic ear in Planning, it could have gone very differently. Thank you Enforcement Officer Barb Wheeler for your invaluable assistance in making this beneficial change to the city regulations.
Zoning laws are not intended to prevent all change, only to be sure it happens gradually, that no activity wholly incompatible with a district suddenly be imposed. The addition of caretaker units is a means of allowing growth and infill to come on gradually, two dwelling units per property instead of one. That is a reasonable allowance for change, and promotes less expensive housing. Unreasonable would be to allow a large dormitory for dozens of seasonal workers in the middle of a quiet neighborhood. But it would not be unreasonable to erect such a facility at the edge of that same neighborhood, it is still a residential use, not entirely incompatible like say a stockyard and slaughterhouse.
Fairview now has commercial and industrial zones at its margins, and there is room for more. A portion of the Orton property was proposed for annexation not so long ago, with nice cluster type housing units, the epitome of responsible development, with a youth corps center thrown in for more community benefit. Change must come, my street has seen additions or replacements of a 10 to 25 percent of its houses each decade since the founding of the town.
Eventually we will even have to build some type of bypass at the bottleneck
In most cases, offensive behaviors are subject to reasonable, widely supported prohibitions. The important point is that enforcement proceeds when such offenses have occurred. Too often, we seek to prevent the possibility of any offense, in the process criminalizing much benign and even beneficial activity.
While I am all in favor of revisions, I maintain it is critical that they be proposed by the businesses and individuals subject to them, rather than by the regulating authority.
This is why I have repeatedly advocated a commission of concerned citizens be empaneled to conduct the review.
George, you can file a complaint about the non conforming activity in the house next door. If we are truly fortunate it will become the test case of the enforceability of that law, and the law will be adjudged invalid.
Such is our governmental process, someone has to stand up and fight the improper overreach or it will continue to infringe on the liberties and usurp the rights of the citizens.
The proper function of government was described succinctly in our founding document:
"To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed."
Instead of a big dorm at the edge of town, by a big business, how about dozens of small multi unit or multi occupant lodgings throughout the community, with their residents becoming members of the neighborhood rather than warehoused aliens.
Ask the villagers in Northern Iraq and Western Syria which army they would rather have come to town, the crucifying, beheading rapists of ISIS or the Americans who feed the hungry and minister to the wounded.
A great example of a wrong law is living in your yard sir (and mine). The prohibition on keeping goats, creatures more benign than dogs, was changed because of flagrant violation. After five years of keeping goats in my highly visible yard, there was finally an enforcement action initiated. The basis was that someone in Fairview complained, annoyed that he had had to give up his goats when that community was annexed. My position that his complaint could be better resolved by allowing him his goats back fortunately got support in the Planning Department, and the law was changed.
We have the great big "dorm", but its not by the business community. We taxpayers provided it at a cost that could have built it anew many times over. It was so expensive because the council had to finance it in a way that would not allow a public vote on it.
A great many laws have unintended consequences, but they are rarely repealed.
Misguided is a relative term, many reasonable people would disagree about whether it is applicable. (Even you and me).
Many laws passed in this town were a deliberate attempt to slow development, usually by making it more expensive, less profitable. Inflation of property values was often the main component of the margin of profit, as the development enhanced the community. That was beyond the council's ability to control.
The (unintended?) consequence of expensive development, lack of lower priced housing, was considered manageable by adding still more costs to development and taking those fees to subsidize housing.
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