Tags: not
Not In My Back Yard!
May 1st, 2010Link: http://EnglewoodStory.com
An interesting fact about Englewood's definition of household is that in 2004, Mayor Bradshaw enacted it in violation of the City's official purpose to mirror it's household code with the average of surrounding cities, the size of Englewood.
Instead, Englewood's definition of household became the most narrow of all.
In 2004, the newest legal definition of "Englewood Household" was enacted against Planning and Zoning Commission's recommendation of having no less than 4 unrelated people, that being defensible by law. This number also mirrored the median of other similar communities. Finally, that number seemed forward thinking enough to include developers' aims to build larger homes.
With City Attorney Brotzman's help, however, the definition of Household is being used to target people hosting exchange students, out of work sister-in-laws, x-spouses, or visiting friends in summer.
In one case, the City prosecuted a boarding house of artists in Englewood, knowing full well that it was a boarding house, but choosing to prosecute it for the definition of household anyway. The City's definition turned out to be too vague to use in the prosecution and it was dismissed secretly (against criminal rules of procedure) that dismissals must be procured only in Open court.
In another instance, an out-of-work family was forced to leave his Englewood sister's home or she would face prosecution for violating Englewood's definition of household.
In Englewood, there is no freedom to have an elder hostel or youth hostel for travelers.
But, Englewood doesn't come right out and actually define the terms of their narrow codes. They cannot do so legally, because of anti-discrimination laws.
Recently, when not-in-my-back-yard philosophers complained about 2 students living in a four bedroom home with the owners, the City reinvented the code for Englewood Boarding houses. Still, they did not define what Englewood's code meant by "related" or "unrelated". After eight months of debate and drafts, the new code was reenacted with the same mistake it had originally. It was too vague to prosecute.
Nevertheless, such residences, as of October 6, 2008, have been legislated by color of law out of all Englewood residential areas and into multi-family zones with apartment buildings or industrial areas.
Since Boarding houses are not permitted to exist in an apartment setting, the purpose of relegating them to the apartment zone is a little obvious. The message is: "Don't Want No New People... Go Away."
What is your personal definition of family? Has it ever changed with marriage, divorce or simply because of the situation someone you love finds themselves? Are you an inclusive person, or do you believe "every man is an island" and should traverse every phase of life without aid of any kind?
Are you one to practice entertainment or hospitality? Many cultures value hospitality above all. One of the most valuable times in my life came when I spent a year abroad, living with a family. In Englewood, by Englewood Municipal Code, this arrangement of hosting a student is illegal and criminal if you also happen to have a stepmother, sister in law or uncle in the home.
Is a Realtor's liability compromised if she sells an Englewood bungalow to an unmarried couple with children?
Perhaps you own a three-bedroom rental in Englewood with more than two unrelated people living in it?
No wonder Englewood's Flood Middle School closed in 2006. A City's duty is to be creative in attracting families, and one of those ways is to be hospitable to nannys, cooks, gardeners and... grandmas. Englewood is too closed minded to appeal to the upper class.
Mother-in-law cottages in Englewood neighborhoods used to be popular and useful. Now, they are illegal. The code works to isolate people rather than promote neighborliness.
Why doesn't the City encourage housing for students attending schools nearby? Instead, it prosecutes any more than two renters per home, regardless of the size of the house.
Students are on the cusp of finding a mate and settling down. It's likely they will stay were they have found friends rather than enemies.
Some people believe that the public officials are all that needs changing, and that the selective prosecutions of such laws will solve themselves.
But, If the law is unjust, is it unqualified to be law? Especially since variances cannot be approved for specified Uses according to zoning rules and the Appeals Committee.
If the neighbors are concerned with loud noises, with weeds, with neighborhood values, or with traffic, why not fight those battles with specific codes addressing those issues rather than by this government defining your family?
In 2004, when the definition of household had it's public hearing, one man testified about weed violations, and another about a neighborhood business with too many trucks.
A third testimony was that code enforcement and the police who were on the same block, turned a blind eye continuously. Employing the definition of household to these issues made no sense.
Does a renter, necessarily just because he is a renter, fail to plant flowers or a garden or mow the lawn? We all know of home owners who allow their properties to fail. The issue isn't really one of relationships at all.
And, since when was it government's business to determine relationships within a home?
If the City wishes to legislate morality, then they should, but don't throw the baby out with the bath water. Hospitality is a cornerstone of our society. Never more than this time, in global bank foreclosures, housing crises, and business crises, will your family's generosity be remembered, honored.
Except... Not in my backyard.
