[RP TownTalk] Jey's Auto

Mon Sep 19 01:07:27 UTC 2011

Hi Bruce –

I am glad you have taken such an interest in this; I prefer your enthusiasm
over apathy any day.  I hope you understand that as an elected official I
have obligations that are greater than just having an opinion on matters;  I
am required to adhere to the Town’s Charter and Code.  I will remind you of
page 7 of the Charter:

Buildings. To make reasonable regulations in regard to buildings and signs
to be erected, constructed, or reconstructed in the town, to require
building permits for them, and to appoint a building inspector; to require
reasonable charges for permits and inspections; and to authorize and require
the inspection of all buildings and structures, to authorize the
condemnation thereof in whole or in part when dangerous or insecure, and to
require that such buildings and structures be made safe or be taken down.

Referencing § 69-1 of the Town Code:

“Slum area” shall mean any area where dwellings predominate, which, by
reason of depreciation, overcrowding, faulty arrangement or design, lack of
ventilation, light or sanitary facilities, or any combination of these
factors, are detrimental to the public safety, health, or welfare.

“Blighted area” shall mean area which a majority of buildings have declined
in productivity by reason of obsolescence, depreciation, or other causes to
an extent they no longer justify fundamental repairs and adequate
maintenance. “Urban renewal project” shall mean undertakings and activities
of a municipality in an urban renewal area for the elimination and for the
prevention of the development or spread of slums and blight, and may involve
slum clearance and redevelopment in an urban renewal area, or rehabilitation
or conservation in an urban renewal area, or any combination or part thereof
in accordance with an urban renewal plan. Such undertakings and activities
may include:

(1) Acquisition of a slum area or blighted area or portion thereof;

(2) Demolition and removal of buildings and improvements;

(3) Installation, construction or reconstruction of streets, utilities,
parks, playgrounds, and other improvements necessary for carrying out in the
urban renewal area the urban renewal objectives of this article in
accordance with the urban renewal plan;

(4) Disposition of any property acquired in the urban renewal area including
sale, initial leasing or retention by the municipality itself, at its fair
value for uses in accordance with the urban renewal plan;

(5) Carrying out plans for a program of voluntary or compulsory repair and
rehabilitation of buildings or other improvements in accordance with the
Urban renewal plan;

(6) Acquisition of any other real property in the urban renewal area where
necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen
density, eliminate obsolete to remove other uses determinable to the public
welfare, or otherwise to remove or prevent the spread of blight or
deterioration, or to provide land for needed public facilities; and

(7) The preservation, improvement, or embellishment of historic structures
or monuments.

The argument of Council inaction would have merit if the owner would agree
to put in the 100k+ investment into his property to bring it up to code.  At
that point it would be a vacant, but compliant building (much like your
commercial neighbor to the south).  Unfortunately that is not the case, the
owner has decided to ignore the code compliance issues requiring fundamental
repairs and adequate maintenance.   And yes, I could pretend that the
property does not meet the standard of a blighted area or I could live up to
my oath of office.

I do agree with you, I do not own the property, nor the Town, nor MUTC and
have not suggested that premise.  Your secondary suppositions, however, are
more problematic.  As you might be aware the MUTC committee is spelled out
in Chapter 72 of the Town Code and the Design Review Process specifically in
§ 72-5. Design Review Process:

(1)   Building permit application process and special permit application
process shall be as described in the application zoning ordinance.

Per page 65 of the 2004 MUTC Development Plan your first comment that “the
purpose of the MUTC is to insure [sic] conformance to the MUTC” is accurate;
the second piece “not make decisions about what businesses are appropriate”
is not.  One of the duties and obligations of the MUTC committee is to
ensure conformance with its own Appendix found on pages 69-77 (Division 3
Uses Permitted) in § 27-547.

In investigating the usage allowed in MUTC you will note that a Gas Station
is not a “Permitted Use” – it is only allowed under “Special Exception.”
While not expressly prohibited, as the name contends there has to be
significant justification for this usage since it contradicts with the goals
of the pedestrian-oriented zoning.

To this end it is entirely appropriate that MUTC committee members (of which
I am one), Town Councilmembers (of which I am one), along with MNCPPC do
make determinations and decisions regarding appropriate approval or denial
of Use and Occupancy of businesses.  Jey has come before MUTC and the Town
multiple times; the MUTC committee, MNCPPC, and the Town Council have all
declined to support a gas station as an approved use at that site.  

Let me ask you this – suppose I approach Douglas Development and buy his
holdings at Town Center and decide I want to put in a Church there (a use
that is not “Permitted” in MUTC but only allowed via MNCPPC’s Special Permit
process).  Let’s say that MUTC, the Council, and MNCPPC all decline to
support this use (which would be expected) and in retaliation I refuse to
keep the property up to code.  I do not repair any broken windows, I let
paint peel, wood rot, etc.  Given that your ability to attract tenants would
be greatly diminished, the rents you are able to charge greatly diminished,
and the overall economic vitality and public safety of the town and
surrounding residents would all be impacted, would you still suggest Council
inaction?

As a small business owner for close to 15 years I politely disagree with the
mischaracterization of my position on political and economic issues but do
understand that is the burden I carry as an elected official.  I will always
strive to adhere to my oath of office and will defend and support the Town
Code and Charter.  If I violate these, I expect you and others to hold me
accountable.  Thank you for your thoughts and comments, I hope my factual
clarifications were found helpful.

Best,

Jonathan 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://riverdale-park.org/pipermail/towntalk/attachments/20110918/67737412/attachment.html>