Eye On Englewood

Link: http://www.eyeonenglewood.com

During June 7,2010 City Council meeting, the Denver Christian School requested a business variance to open a second hand store on Broadway. The history underlying this request is that the latest version of the Englewood code prohibited various kinds of businesses, including thrift. But in this economy, beggars can't exactly be choosers.

Senior Planner, Langon, suggested changes in the code to enable the School to open their store front. The only question there is whether the code should lighten up across the board, or whether the school will receive preferential treatment.

The School also requested a change to the square footage. Again, Council debated the advantages against the disadvantages, and several district representatives admitted that they had no vision for what was to happen along South Broadway, and did not talk with the business owners, but only amongst themselves. Olsen stated she was concerned that there was no real downtown plan, and also concerned about allowing a subcategory for nonprofits. McCaslin recognizing the limits of government in a unprecedented moment, suggested that it was more appropriate to allow the businesses themselves to determine such things, and that it was better for Council to let out the rope.(See Council Bill 11, See Item 11.b.1 discussion.)

Mayor Woodward, however, suggested that Council purchase a new set of aerial photographs for $5,000, at "a real bargain" and that further he personally used the photos for code enforcement issues against business and residential properties comparing the last photographs were taken. (Item 11-a.1. Council Bill 13).

"With a $39,953 loss anticipated this year,and a 2.5 million dollar deficit in the City, I am very disturbed about our cavalier Council," reported Rick Gillit after the most recent financial presentation at Monday's City Council meeting.

The votes are down the line, six to one, six to one, six to one, but District 4 Representative, Rick Gillit is sticking to his Mantra: "Stop Approving New Spending."

Mayor Jim Woodward's response seemed insipidly lacking in perspective when he said, "Well you know, back in 2007, we were really concerned, but we had a super situation and we came out on top." In 2007, Englewood was still rechanneling sales taxes from Cherry Hills and Greenwood Village. Englewood can no longer do that, so it must either amend it's spending or enact a higher tax on the people in order to make ends meet.

"I am very disturbed at this ongoing trend. It terrifies me that this Council just doesn't care." Said Gillit. Thankfully, Commissioners on the Board of Adjustments and Appeals stood up and took notice themselves in this week's Board meeting directives to the Englewood City Attorney, Nancy Reid.

In the BOAA meeting, two private land owners approached the Board because the present Englewood Code was inappropriate for their properties. Research performed by Commissioner, Douglas Cohn,was presented, showed that,

1. Englewood had originally drafted its zoning codes after Denver's zoning codes in the 1903 (Mayor Jacob Jones, and afterwards, with Mayor Daniel Sutton). These codes established the typical lot sizes as 25 feet and 37.5 feet wide.

2. Mayor Woodward had changed the entire zoning code (E.M.C)in 2004 off of a generated template from the Municipal League of Cities. This code replaced the old lot measurements with a minimum of 40 feet wide.

a. the template was geared towards new emerging cities, not
existing, and did not apply to Englewood's historic issues.

b. the new Englewood Municipal Code did not grandfather the
residents' pre-existing properties or conforming uses.
Therefore, all lot sizes under 40 feet wide are automatically
non-conforming in use.

c. The enacting of the new Code in it's entirety rather than
in smaller topical sections that had time to be reviewed and
researched in detail, violated Constitutional restrictions for
enactments.

d. Owners and developers are encountering logistical conflicts
in these last few years, throwing the City into numerous
lawsuits due to lack of foresight.

e. Owners cannot sell existing residences as a "conforming use"
and are forced to sell them as "non-conforming" uses at a loss
of value because they are under 40 ft wide.

Chairman John Smith III,'s ire was raised, as a multiple property owner and landlord in Englewood. He spearheaded the ensuing discussion and both of the residents approaching the Board for variances this week obtained their objectives. Chairman Smith and the Board of Adjustments and Appeals instructed City Attorney Reid to direct Englewood Mayor Woodward to revisit and amend the zoning code accordingly. The code is the Mayor's own yard work.

Link: http://www.EnglewoodStory.com

With sentencing still scheduled for October 9, 2009, for City Councilman McCaslin to have circulated the petition for Judge Atencio's inclusion on the November ballot to the Bartnick's neighbors on Pearl, who were witnesses in the case, seems like a clumsy attempt for payback, and perhaps unethical. If the Englewood judge is elected again, his salary is set over $121,000.00 annually.

On Thursday, August 13, 2009, witnesses for Englewood prosecution foiled the City’s plan to validate the prosecution of boarding house owners. Tricia Langon, Senior Planner, testified that the boarding house amendment “was not returned to Planning and Zoning Commission for their approval, because only major modifications or amendments to the code are returned to the Commission for review.”

Langon also testified that despite the Council’s October 6, 2008 enactment of Ordinance 55, (Boarding Houses) such residences are not businesses, but regular residences. They are not home occupations, and they do not require a license.

The jury was then released early, with the judge and prosecution both recommending the legs of the boarding house ordinance be dismissed in favor of the Bartnicks, and remanded to City Council for review.

Defense immediately went to the throat of the validity of the Ordinance because the Englewood City Charter, Section 58, declares that ALL modifications or amendments to ordinances must revert to Planning and Zoning for study and recommendation, even if the City Council chooses to disregard the recommendation. This is to prevent hasty enactments which often fail the test of justice.

The role of the volunteer citizens’ Planning and Zoning Commission to obtain legal council on proposed zoning codes as to fair housing, equal access and other zoning issues, while civil engineering counsel can ascertain measurable densities and standards. Hasty decisions also circumvent justice simply because they feel like a hard pressure sales job. Only time can allow that kind of intimidation to subside in favor of common sense.

The City circumvented its own Charter many times in the making of new Boarding House provisions, but this was the instance for Defense Council’s request for a directed verdict Thursday afternoon.

Judge Atencio taken aback, hemmed and hawed, and then declined his power and duty to declare summary judgment finding accurately that “what Defense is asking cuts to the heart of the ordinance”. Judge then determined “to allow the jury to decide the facts.”

The electric moment of truth was over. What was left of the material facts is unclear, as Tricia Langon had also admitted to the Bartnicks having pulled proper permits for zoning, but that under the new ordinance, parking areas require paint striping. Striping is an interesting dilemma if, unlike the Bartnicks whose back parking area is paved, the homeowner’s parking is unpaved. Keeping paint on dirt parking might prove to be an expensive year around feat for Englewood residences.

August 14, 2009, the jury, unaware of the previous days’ electricity, was sent to deliberate. They found the Bartnicks guilty of a shell of an Ordinance.

The implications of the Englewood verdict relate not only to setting City precedence for ungrandfathering pre-existing properties into newer codes, but also as to human rights and property ownership, the right to freely associate in the privacy of your own home with whomever you wish. If a neighbor accuses you of being unrelated, so be it.

What City Councilman, Bob McCaslin, was unable to accomplish for his friends, Ron and Robin Noffsinger, through Council legislation,

he turned up in the middle of Pearl Street to celebrate Saturday morning after the verdict was won through judicial McFoolery.

McCaslin's zeal short-sighted his actions linking the Englewood City Council to the very neighbors who had listed their names as witnesses against the so-called business. These neighbors each signed the good-old boy petition for re-election of small town political Judge. This is the same Judge who had refused to recuse himself earlier in the case.

Matthew Crabtree, challenger for the At-Large Council position, stumbled upon the judge's petitions for re-election, thus the confirmation of the City Councilman's conspiracy with the neighbors and the judge, when the clerk gave them to him on September 2, 2009.

The Judge is running unopposed this November. McCaslin is not up for re-election until next year.

Link: http://coloradocommunitynewspapers.com/articles/2009/07/27/englewood_herald/news/24_tm_cncl_candidates_en.txt

During a study of medical marijuana venders last Monday evening's City Council, information that four existing city approved storefronts on Broadway surfaced. Other proposed venders slated for Englewood storefronts became the hot topic, enough to get a consensus action to establish an Emergency Moratorium.

Douglas Cohn's comment last year to Council regarding real emergencies and false emergencies has come full circle. He spoke during the false emergency moratorium on boarding houses and said, "When I first learned of a City emergency ordinance, I thought that perhaps you were taking notice of the foreclosure crises or that you had found a new way to handle drug houses in Englewood. That wasn't the case, and I have an issue with you folks abusing the City's definition of Emergency and Emergency Ordinances."

Personally? Four alternative drug venders on Broadway certainly seems suspicious, while only a short while ago, other herbal dispensaries were hard fought to win the privilege to exist in the competitive established models of medical fields in Englewood.

I spoke with one man outside of a clinic known as Patients Choice of Colorado. "Mike" was injured riding rodeo. He said the only thing holding his back together is the nuts and bolts. He said he was "dead" in his bed when he revived and that he has seizures from his brain being ripped from his right eye backwards.

Mike said he can tell when people are faking the need for marijuana, and that they could ruin it for all others who use it instead of heavier pills otherwise prescribed. So, Mike is a proponent of City licensure by application.

He believes that an application should sort out whether a dispensary is qualified to prescribe because they would know the answers to certain questions of which strains of the drug help which ailments, and what the various side effects are.

He pulled out his State license to use the drug for medicinal purposes and pointed out that high schoolers and other pleasure seekers could not lawfully obtain marijuana without the license. With a license, all is well. Without the license is quite another story.

Doctors could lose their license, their living, their home and wind up in federal prison, because it is the federal law that takes over when a violation occurs. Buyers would experience the same repercussions. However, Mike's concern is for the building owners who leased their premises to the errant tenants. In that case, the entire building would be caught up and confiscated by the FBI or FTB.

Matthew Crabtree, candidate for Council, and owner of the grassroots website for accessible government, ECOG, also voiced his concern to a group of concerned citizens when he said he had known someone who was a landlord where the tenants were manufacturing fake money out of the garage and paying rent with it. Not only did the landlord lose his rent, but also his rental property was confiscated.

Reality speaks. Either licensed marijuana dispensaries should own their own storefronts should they overstep their licensed privileges, or the City should draft a law to pre-empt the feds confiscation of the storefront belonging to an innocent party.

My hope, because this issue has already been approved by the State of Colorado, is that Council holds a hearing on the merits of the real Emergency as well as the City's own censurer process and what exactly they hope to protect.

Protecting business economy, private property and City taxes are all well within the reach of city government. Perhaps the new contenders for Council in November 2009 elections, will add protections to property within the boundaries of Englewood's Home Rule so that the wrong person doesn't lose his shirt, or his shop, to the feds.

Link: http://englewoodstory.com

I will go so far as to say this: Everything in a City is grandfathered unless the City is able to prove some license to regulate it.

O, Where O Where doth such a license cometh from?

In Colorado municipalities, they come from Colorado Revised Statutes Title 31, Municipal Governments, michies Colorado free legal which limits powers and are given further boundaries through none other than the Supreme Law of the Land, our great United States Constitution.

These laws clearly state that someone's power, presumed authority or "will" cannot legally over-power or control what rights the law has handed to me already. The mass lynchings are illegal because they are not founded in deference, self-respect or law.

It doesn't matter how much sweaty fervor is passionately invoked or what kind of bribe or slander occurs, if it ain't founded in law, it ain't no good.

Last week in the Englewood Council meeting when Bob McCaslin accidentally, or perhaps conveniently left out of the pre-written invocation, "Help us not to control..." I had to chuckle. Well, it just escaped. I didn't mean to be irreverent. But "arbitrary control" is exactly what this Council loves to do to this fair city by their own elected whims.

But just because they are elected and it is hard to get them unseated, doesn't mean that they have legal rights to presume license over all aspects of residential home lives.

Last week at Council, John Moore played the roll of Mayor and controlled the discussion on Hard Pavements himself. He kept wanting to know what would be "grandfathered" as if Council can simply ignore the City Ordinances and Savings Clauses and has utter authority over the private homes as well as licensed businesses. Near the end of the discussion Moore says, "So what are we choosing to grandfather then? Only gravel?"

Stand Up, people! Where is the Council's license to tell you where or how you can park on your own property?

Once an idea gets passed legislatively, then the full burden of proof rests on one defendant's shoulders, inconveniently cited and hauled to the Judge, to prove that the legislation is unfounded. Since it is the legal duty of the municipal judge to presume the law is reasonable, this individual must have a very strong mind with plenty of time available to find out where the missing links are and present them to the Judge or jury accordingly. If he doesn't have these resources, the illegal law can be established judicially, and then it is almost impossible to over-rule.

So the old maxim stands that all it takes for evil to win is for good men to do nothing.

If you choose not to trust your gut, or defend your right to serve, your right of easement, your immunities, your right to real estate, then you forfeit not only the right, but also the law that governs the right. And if you forfeit the law, you betray your fellow man who depends on that same law.

I was trying to stay one step ahead of myself but now I walk on my hands and don’t look back...

"Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal [118 U.S. 374] hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution. This principle of interpretation has been sanctioned by this court in Henderson v. Mayor of New York, 92 U.S. 259; Chy Lung v. Freeman, 92 U.S. 275; Ex parte Virginia, 100 U.S. 339; Neal v. Delaware, 103 U.S. 370, and Soon Hing v. Crowley, 113 U.S. 703. Soon Hing v. Crowley, 113 U.S. 703." See, Yick Wo v. Yick Wo v. Hopkins
Submitted April 14, 1886, Decided May 10, 1886,118 U.S. 356.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE DISTRICT OF CALIFORNIA

How do we know what rights we have fundamentally? Consider the Privileges or Immunities clause of the US Constitution. One author has then suggested normal people go to the laws of the District of Columbia to see what's fair there. Another suggests that whatever is fair in all the states is fair in your state.

"It is accordingly enacted by § 1977 of the Revised Statutes, that all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." (See Above, Yick Wo)

I was really scared that Yick Wo, the laundry proprietor, would only protect those narrow civil rights laws specifically written, but when I went to read that case it was as clear as the blue Colorado skies that everyone in America has the right to make and enforce contracts, to sue, to be parties, to give evidence and to enjoy the full benefit and duties of all laws and policies and access to government and court, and to remain secure in their persons and property.

Neighbors must work hard to subdue your greed, subdue your bias, and subdue being lazy entitled ingrates. Seriously!

Whatever gets sold out for some selfish or shady benefit today, will come back to bite not only you and your white Englewood neighbors and your white grandchildren, but me and my household too because the rest of us have rights only equal to yours, and then your rights are only equal to mine. You need to stand up like responsible, dutiful adults now. I don't want to take the water slide down with you.

W

Link: http://EnglewoodStory.com

A couple of items stand up shouting at me from this most recent City Council meeting. The first is a letter from Lance Smith, who is the head of Englewood's building department.

It was distributed to Council that night, obviating its way around the library's reference packet for the public.

The letter said that Englewood obtained a low grade on risk assessment because it's building inspectors are performing too many inspections every day. ISO recommends two daily inspections because a thorough inspection takes a little longer.

Englewood performs as many as ten inspections a day. Mr. Smith reported to Council how their grade confused him seeing as they can perform so many inspections in a day. But, safety inspections are not a race.

Read more »

Link: http://EyeOnEnglewood.com

Why should Englewood prohibit the City from prosecuting any definition of household?

Moral issues are taken care of in the criminal codes of the State and City. Being unrelated and sharing a house, is not in itself worthy of prosecution, but in Englewood, the violation of the City's definition of Household is prima facie evidence of a crime.

Rick Gillit, running for District 4 in the November election, says he believes the term, "'Single Family Residence' is purely a real estate term, and means there is one residence per address. It does not extend to the definition that Englewood currently attaches to 'single family residence' meaning that not more than one unrelated person can live under the same roof."

Since his wife was raised in a home that took in families of patients of Craig Hospital, Gillit may be sensitive to the humanitarian side that some boarding houses offer. But, Englewood has ungrandfathered all pre-existing residences that house more than 1 unrelated person under the same roof.

It is clear that Community Development and Planning and Zoning both have limitations as to implementing codes against existing or grandfathered codes, and are relegated in their duties to forecasting development, plan for the future, and not criminalize the pre-existing.

The Department of Regulatory Agencies (D.O.R.A.) agrees. Their jurisdiction is limited to agencies of the State, not residences. Yet, these departments are the ones prosecuting residents for their choice of who shares their home. Isn't this a privacy issue?

In Gillit's opinion, these departments should not interfere inside a home with whether people are closely related enough to share the residence.

Last July, Planning and Zoning Commission members were asked to amend the code so that City could prosecute a single family in the City Manager's neighborhood. Commission Chair Bleile opposed the tactic as devious. Two other Commission members sided with him, but they ended up the minority and the City Manager Sears achieved his end. The case is scheduled for Court, June 4 and 5, 2009.

In the past five years, the City's habit has been to threaten people reported as violating the definition of household with 7-day or 14-day Notices to Comply. But, when it comes down to the prosecution of such a household, the City staff find themselves asking strange questions of City Manager Sears and Attorneys Brotzman and Reid, "How do we figure the unrelated number 2 again?"

Notice, it is not an issue of knowing how to count 1,2,3,4, or asking the City's accountant. It is rather a question of personal relationships. Does the City have the right to determine your relationships?

Says a widowed father in law who wants to move in with his daughter, "Can they kick me outa' here just because my daughter happens to have a spouse with a son she has not officially adopted? I mean, add me into the mix...ya know? Maybe I shouldn't have sold my place."

Good question. In Alaska, the town actually began to prosecute a family such as this, except the ACLU stepped in. In 2008 Englewood's City Council members McCaslin and Penn promoted not only Englewood's narrow definition of household, but also got personally involved promoting the prosecution and intimidation of moral households who happen to share a home unrelated.

Englewood isn't so afraid of the ACLU, because it has your tax money to fight extended court battles totally in the millions of dollars. Their salaries get paid for looking busy, so why not?

But after all the litigation Englewood has engaged in during the past year, a severe budget cut is occurring of up to 15% to parks and salaries.

But, what if a child has had a name change to resemble that of her family's surname, yet, in fact she has not been adopted. What about x-spouses not quite out of the home? Any why should foster children have more legal rights than your own father-in-law and step child?

This election could stop the intrusion of government into private relationships by voting new blood like Broker Rick Gillit to City Council. Keep Council out of your homes.

Link: http://EyeOnEnglewood.com

After Easter, Springtime breezes through Englewood, warming everyone up for a day or two, giving pause to consider what needs attention around the house or the yard.

But, not only in your own yard; Look around. Englewood has some real issues of obsolete housing, dangerous housing, and neighborhood real estate values that directly affect the City's appeal to younger families, thus its school districts.

Can this aging problem be addressed creatively?

Presently, the City Manager and City Council have promoted liening your property in exchange for the city doing yard and weed clean up. Snow removal might also garner a lien on your home. But, Englewood residents need a better bang for their bucks.

Read more »

Link: 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.

Link: http://englewoodstory.com

Perhaps Englewood, Colorado needs a Bill of Rights. There is nothing in the Englewood Charter or the City Ordinances or even the Municipal Court powers to protect the people. It is all wrapped up that the Executive branch, (Staff) the Legislative branch (Council) and the Judiciary (Court) protect the temporary powers, rather than the real residents and long term homeowners.

In a response from Carol Chamber's office of the Arapahoe County District Attorney determined that the word "may" found in the rules for how Englewood must operate determines the infinite leeway the City enjoys. It may, or it may not: completely within its discretion.

Everything in the City ordinances protects actions or omissions the City takes by the word, "may".

When it comes to ethical conflicts or the rights of the residents that employ this staff, the Charter and Code have determined that the residents have little to no opportunity to redress grievances, certainly no absolute right.

This issue can become a dramatic breech of trust between the City and a developer early on in the relationship between the parties given the following scenario.

Permit fees in the City are as arbitrary as they are indecent when a regular citizen who is in the dark as to contractor procedures applies for a permit or license with the City.

A Schedule of Fees associated with building permits in Englewood exists. However, Englewood records show it charged three times as much, a total of $2,990, ignoring the fee schedule which dictates a maximum of $999.00 for this structure's remodel fees.

The Building Department's reasoning? The structure's forecast appraisal totaled over $500,000 upon completion.

The project's owner complains, though, that they had already purchased the existing structure for $200.00 and only the appraised difference between the existing structure and the proposed structure should have been considered. It's a question of exact measurements, and the ability of the head clerk to add and subtract.

The city should have subtracted the present value of the home being incorporated into the final value.

Isn't this kind of public dealing called fraud? Getting something for nothing. Maybe it is only bad faith and unfair dealing.

In any case, there is no return of permit fees available in Englewood. Especially to those who actually rely on the law to defend themselves and make a scene. Especially then.

Some cities have incorporated a Developer's Bill of Rights. This idea protects developers as to vested interests in properties they have spent significant sums of time and money over.

But, what protects the actual constituency of Englewood voters? What holds the feet of their electorate representatives on Council to the fire?

A Bill of Rights would certainly do the trick. America's forefathers thought so, when they incorporated the Bill of Rights to the Constitution, and even the pilgrims to incorporating the state of Colorado believed the same so as to develop another famous Bill of Rights specific to Colorado. But, the Home Rule City of Englewood has kept all the power to themselves. And, yet, isn't this is the legal definition of "arbitrary power"?

Arbitrary power is the kind of political power that is based on whims of those temporarily in charge, apart from measurable, objective limitations of law, and the absolute right of redress.

In the 2009 November elections, the people of Englewood will be presented with an opportunity to even the weights of power on the scales of justice. They will be presented with an opportunity to enact a Bill of Rights and their own form of personal homeowner immunity for groundless or malicious acts of the City of Englewood against them.

It will paint a significant stroke to a beautiful sunrise in Englewood's currently repressed horizon.

Link: http://www.englewoodcitizens.org/

Say a contractor speaks to the building supervisor about a property he wishes to buy and divide. The rule states that he must have at least 60 square foot of frontage, and he only has 55.

He asks for a variance, and the City makes an off-the-cuff decision and gives it to him.

He purchases the property and demolishes the existing house and then applies his funds to architectural design and building permits. If the building permits are stamped “approved”. He is a vested holder of property rights.

A neighbor gets wind of his design and makes a stink. Too many town homes in his single-family neighborhood may affect his resale values.

The case goes to appeals, and the appeals committee determines that the Community Development Director, Alan White, made the variance decision erroneously.

The Appeals Committee fails to determine when the contractor's rights became vested. The question never comes up. Boo-hoo for the owner-contractor.

Nobody seems to understand the concept of property rights. It seems to be vote of the masses by neighborhood opinion in this home-owner-association-less hood. This is a fantastic example of democracy at work without law.

It seems in Englewood, the neighbors themselves have as much say in how the owner, who pays the purchase price, obtains a deed dictating: “to have and to hold in peaceful possession” and invests in the building project himself has. Why would anyone ever want to buy a City property with so few rights surviving?

It seems the deed that warrants, “to have and to hold, in peaceable possession” are just lines on a page.

The contractor, not only did not understand what happened to him, although he was fighting mad, but the neighbors have no sense of their own rights. Next time, it could be them.