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Property petitions not appealing to all

August 03, 2004

Deirdre Newman

Resident Pamela Frankel felt it was well within her right to protest

another two-story house replacing an old one-story on her quaint,

rural street.

She hired an attorney to help her craft restrictions she wanted

the developer to abide by if the project was approved. And Councilman

Chris Steel appealed the project to the City Council on behalf of

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Frankel and her neighbors on Myran Drive. The street, which is

actually an easement, is one of the last remnants of the city's early

days -- a small stretch devoid of concrete, where four one-story

houses sit side by side.

But when Steel made motions on each of Frankel's concerns at the

meeting on July 19, Councilman Allan Mansoor criticized what he

considers the high rate of appeals lately.

While the two-story project was ultimately upheld, Frankel and her

neighbors won two protections. And despite Mansoor's criticism, many

residents feel appeals are an inherent part of the democratic

process, and they should not be denied their last recourse at City

Hall.

"They're necessary," said Lori McDonald, who appealed a project

across the street from her house at the Planning Commission meeting

July 26.

"I think we should expand the appeals process and get rid of the

$150,000 they're wasting on the shopping-cart program, allowing

people to steal shopping carts and paying for it," McDonald added. "I

don't want to pay for that. I'd rather pay for people to appeal

problem buildings."

The emotional cost

The appeals process begins when someone takes issue with a

decision made on a proposed project by Zoning Administrator Perry

Valantine. The first step is to appeal to the Planning Commission,

which costs $470. If the appellants' concerns aren't remedied, the

next step is to appeal to the City Council, which costs $810 because

of the extra time and staff members involved, Valantine said.

Myran Drive resident Pamela Frankel said she spent about $1,500 to

appeal two projects on her street -- which is really a private

easement with only four houses -- after the cost of the appeals and

attorney fees. That doesn't even include the emotional distress, she

said.

"This has nothing to say about the months and months of pain and

suffering of losing my rights one by one," Frankel said. "The amount

of mental stress of not being able to sleep and going to the City

Council and asking them to protect your old neighborhood and your

privacy is like asking [President George] Bush not to fight a war."

Since January, there have been five appeals to the Planning

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