WSB Forum » Open Discussion

(46 posts)

Should I Start a Petition?


  1. Hi All: This is a long post. I don't know how to make it any shorter. As many of you know, the ducky garden art over the years at 7031 Beach Drive SW developed into something that had a business side to it. The development took place primarily because visitors, friends and neighbors kept asking for me to make calendars and greeting cards using the duckies I had created. I took the ball and ran with it, so to speak starting in August 2008.

    In June 2009, a one-bedroom rental came up for rent that is exactly 3 feet south of the wall of my living room at 7031A Beach Drive. It is 7035 Beach Drive SW. My wife and I thought we had a really neat plan to give my mother, who lives in a sort of ragtag way in Riverside, Calif., an opportunity to do a long stay in Seattle -- like a full test drive by renting the unit, fixing it up for her and having her come up for a long stay. She did in July 2009, but after two weeks, did not like the northwest. Long story, but, essentially too moldy for her.

    We also thought it would be great as a workshop for me to create the ducky interactive art that has been slowly getting more sophisticated all the time. So, when my mom left, I converted the bedroom into a workshop and ducky photo studio, and began hanging many of my art and photographs around the unit so I could start getting them organized for shows and for selling on eBay and other sites. Also, at that time, I had just started to market John Cerminaro's art on eBay and other sites and to help him develop a plan, which included doing covers for magazines and journals. I literally bumped in Xavier Lopez on the sidewalk one night while he was carrying some of his art. It was at that time that in discussions with some artist friends that I decided to see if I could help them out by utilizing part of the unit for a gallery when it wasn't being used by guests to stay in, or by me to work in. Long story there, but essentially, the artists I have tried to help have experienced less and less space available for them. Galleries in clearly commercial areas have been closing, etc.

    Along comes someone recently who has filed a zoning complaint with the DPD compliance people and they have issued a Notice of Violation (NOV) regarding the "gallery." The inspector assigned to the "case" decided it was a purely commercial operation. The NOV seeks corrective action but does not specify what would constitute corrective action, since the NOV does not specify findings of fact on which the judgment of a violation rests. It's pretty difficult to argue against a judgment on which you have no idea what the facts are on which the judgment has been made.

    So far, and maybe you all know this already, a renter cannot have two residences in the city of Seattle. According to the inspector on this case, since I don't sleep at 7035 Beach Drive SW, it cannot be considered to be a home office.

    Well, I have much to learn in my little endeavor to assist artist friends and neighbors. The so called "gallery" as everyone knows, is only open as a gallery 8 hours a week. Four hours on two separate days. The rest of the time it is a studio, and creative area for producing art, photographic work, and ducky displays, or a place for my daughter, my distant friends in Hood River, or my parents to stay when they visit.

    So, here's my question to you all. Should I consider gathering signatures for a petition to "Save the Gallery" or do you think that would be, I don't know, stupid, useless, inappropriate, ineffective, etc. I honestly don't know a single neighbor for blocks around here who doesn't like what I have done to the unit or what is going on there and there are tons of people who enjoy and benefit from what is produced at 7035 Beach Drive SW.

    Any thoughts?

    Posted 2 years ago #         
  2. HunterG
    Member Profile

    HunterG

    Do you and your wife count as one person? Maybe your wife could rent it...

    or a "friend"...

    Posted 2 years ago #         
  3. I have to ask...was this an anonymous complaint? I had one against me about a year ago regarding a really obscure land use code, and I could never figure out who it was who complained. I always figured that if someone was unhappy, gonna get me in financial trouble, try to upend the business that I do at home, I should be able to know my accuser. No such luck.I never did find out.

    I hope you get this resolved. I can't stand petty people...and it IS petty.

    Posted 2 years ago #         
  4. Can your landlord rent you the two spaces as one unit?

    Posted 2 years ago #         
  5. Hi: Two different landlords, unfortunately. And, again, because the conclusion that there is a violation does not specify what facts were used to reach that conclusion, there is, as yet, no way to know what would constitute "corrective action." According to what I have been told so far, even if my wife were to be the official tenant, she would have to sleep there for it to be classified as a "home business."

    So, petition or not?

    I say yes, simply because this smacks of that kind of bureaucratic power being used, IMHO, in an irrational way, on the basis of a single complaint, that denies a number of people the right to enjoyment that does nothing to "bother" anyone. There is no nuisance factor and there is a lot of upside.

    Posted 2 years ago #         
  6. I say yes on the petition ! I'll sign it !

    Posted 2 years ago #         
  7. flowerpetal
    Member Profile

    flowerpetal

    This is tricky, and I'm sorry you have to face it. However, I think a petition would be a effort in vain. If its a code violation, its a code violation. It would be difficult to waive this situation and then not waive the next. Wouldn't you feel angry if they didn't waive your's and then waived someone else's violation?
    Better to spend your time talking with City Council members and I would start with Tom Rasmussen and see about changing the ordinance. Its a longer road to travel, but would be satisfying to you and others as well.
    Perhaps it was petty of someone to file the complaint and regretfully there are lots of people like that. People live in fear I think, and want to know that their name is not going to be used when a complaint is filed.
    I hope this works out for you. It seems you bring joy to a lot of people (and I believe you will any way).

    Posted 2 years ago #         
  8. HunterG
    Member Profile

    HunterG

    To be honest, not sure if I would sign a petition like that.

    I do not think it would draw enough attention or have enough importance to anyone (even though it is important to you) to really make an impact on your plight, especially when people can barely afford the rental homes they already have.

    My opinion, rent a storage unit or art studio.

    Posted 2 years ago #         
  9. A thought: Could you put a daybed in the second unit? Plenty of people rent a home or apt and then sleep every night with their S.O. in a different home. It's nobody's business whether or not she actually sleeps at the residence, as long as there's a bed there, don't you think?

    Posted 2 years ago #         
  10. GetaLife
    Member Profile

    Why do you think you're entitled to break a code? What makes you so special? I'd probably be annoyed too if I had to share walls with what's essentially a business, and would file a complaint. I assume there are multiple people coming and going from your "studio" and that a few have keys. If that's true, it's a security risk for your neighbors.
    Don't waste anyone's time with a petition. I hope you have a healthy retirement fund because you seem to waste money on stupid stuff, including what sounds like two rentals.
    Sounds like you need to rent a legal studio space instead of acting like you're entitled to have a zoning code broken just for you.

    Posted 2 years ago #         
  11. celeste17
    Member Profile

    celeste17

    Hi Ron,
    I am sorry this is happening to you. You have done much to bring joy and happiness to your corner of the world. Not to mention the security that you have provided. I don't know if a petition would work as I don't know if enough people know about your gallery. I would go the way of talking to the zoning commission and see if you can get the zone laws changed. I will support you no matter what you do. I will sign a petition.

    Posted 2 years ago #         
  12. Well, the issue is whether it is a nuisance, or not, and whether it benefits the community or not. On both scores, it wins, so it is the "will" of one complainant who is being given the power to defeat the will of many others.

    As for zoning change, you bet I am working on it. Good friends with a few people on the City Council, and actually, one of the zoning missions is to move from centralized business areas to more "green" and dispersed "commercial areas" -- as if, this is even commercial, but I am saying...

    As for having "storage" or a "workshop" somewhere else, sure that is possible, but, again, the issue is not to cop out to bureaucrats applying the law in an arbitrary manner, but making them own up to the proper application of the law. Just because there is a "complaint" and a preliminary decision, does not make it final.

    I plan on making it as highly political as possible. The idea that a "hobby" that barely has a commercial side to it at this point is a "commerical enterprise" is ludicrous, period.

    Posted 2 years ago #         
  13. if it's a zoning issue, it's a zoning issue. nothing you can do to change it short of "being friends with someone on the city council"

    ....and someone registering "just today" doesn't make them a "troll", it makes them a "newly active member of this community". in much the same way that someone advertising their gallery constantly on this forum without paying for it makes them...what exactly?

    Posted 2 years ago #         
  14. HelperMonkey, you are correct.
    Registering today doesn't make you a troll.
    We are pleased to have new people registering every day. Thousands read the forum every day, many more than actually post, but at some point, there comes something you want to say - whether to start a topic or comment on one - and then they take the leap.

    May I also please remind everyone, no name-calling.

    You can say an idea is idiotic.

    You can't say a person is an idiot.

    Troll, fwiw, is not necessarily a "name" - we do have an anti-troll policy, which means among other interpretations that seeking deliberately to, and/or only to, provoke, puts you at risk of losing posting privileges.

    We have just a few rules, but they have generally kept this from becoming the trashpit that many online forums and comment sections tend to be.

    But it also depends on watchful, helpful people hitting the "report this post" button when they suspect it is warranted. We may not agree that a flagged post is a violation, but we very much appreciate the flag. As has happened in this thread in just the past short time.

    Posted 2 years ago #         
  15. HelperMonkey: Love the appellation. Makes sense...

    As for using the forum to advertise the gallery, the "advertising" is in the eye of the beholder. What you don't seem to understand, is that an event is an event, and if it were just a normal event, then maybe it would be advertising... but, almost always, it is sharing and letting folks who want to know about new exhibits or freebies, know.

    Oh, and, I am thinking that the WSB holds itself out as a "news" service... you know, news.... Maybe it doesn't interest you what is going on when we are giving away free prints or something like that, but it is clearly within the guidelines of these forums to let folks know when there are "freebies." Sorry, you don't like that. Maybe you should get the WSB to quit having a forum called "Freebies, Sales, Trades and Barters."

    Posted 2 years ago #         
  16. what I witness on this blog forum is "ducky this" and "ducky that" and "oh, come look at my duckies...and did I mention we're a gallery? and come buy some art! and calendars!" ...yeah, that's not sneaky advertising...you're right.

    I wouldn't want a business (and you are a business, albeit a non-advertising one) opening up in a residential area right next door to me. especially if you advertised...er, I mean...made...news? and brought a bunch of new people into my neighborhood.

    glad you like my name, ducktitude...makes as much sense as yours. except that I am not advertising my up and coming Helper Monkey Rental Service.
    *coming soon!*

    Posted 2 years ago #         
  17. HunterG
    Member Profile

    HunterG

    never thought of that HelperMonkey...it is advertising..how bout that.

    Posted 2 years ago #         
  18. sunshine
    Member Profile

    Maybe I'm missing something, but could it be Ducky, that you need to embrace the commercial? I know for a lot of artists that's akin to going over to the dark side.

    But You do DO this thing at a residential address, and it doesn't include residing. So, you can do that thing where you do reside, or you can move it to cheap digs that are zoned for things other than residing.

    It's a leap of faith to open a business, or an artist cooperative. How much cheaper are your current digs than an empty space that's zoned for not-residing? The business owners I know in West Seattle help their neighbors along, share ideas and resources.

    The businesses currently operating in areas zoned for that activity could use the foot traffic you might create. ANd vice versa.

    C'mon in!

    Posted 2 years ago #         
  19. Okay, troll or no troll, GetALife gets a response, simply because of the fearmongering element of that post, trying to plant these awful scenarios for my neighbors. I am the only one with a key. As for creating noise or bother for a neighbor, someone who "lived there" full time would create way more noise. I experience more noise from my neighbor than he experiences from me. He works swing shift, I don't do any noisy work, which is rare, until after 1 p.m. The space has an open house between 4 and 8 p.m. twice a week. My immediate neighbor isn't even home.

    As for bringing new traffic to this area. You obviously don't know this area. We already have huge amounts of walking traffic as the walk from Lowman Beach to Lincoln Park continues to grow in popularity. Most of that new traffic are dog walkers. The walk has become one of the most popular dog walks in the city. So, if you are concerned about traffic, you wouldn't be living here in the first place. Any traffic that shows up for our minor open house events is negligible compared to the amount of traffic that already goes by.

    As for advertising. Why don't you let the blog masters decide that. If you want to set the rules for this blog, and "advertising" bothers you, then complain to the blog masters. I am sure they will warn me if they think I am "over-reaching."

    As for letting people know that I am showing three very wonderful artists besides myself, I think that is part of my commitment to my friends. When and if they can find other places to show their art that they are comfortable with, then the will. Until then, I hope to assist them as much as possible.

    Actually, I only asked the question about a petition.

    Obviously, there are a number of people who wish to chastise me, criticize my attempts to provide my neighbors with what they wanted, and try to make it look like having a studio and workshop next door to my home with a commercial side that is no bigger than holding an occasional garage sale is a bad thing for the community. Well, it's not. And compliance decisions need to be fair.

    The idea that "outsiders" have so much influence on our immediate neighborhood, or even wish to have so much influence, is really inappropriate and undemocratic, period.

    Traditionally, by the way, this neighborhood has always had a "commercial" element. There have been two advertised and well-known vacation homes here for many years. One structure, now a duplex, was a "country store" for years.

    Posted 2 years ago #         
  20. Duckitude...

    i suspect one of your more upscale neighbors doesn't like your ducks... and used the zoning issue to get rid of them.

    i happen to be one of those dog walkers who really enjoys your exhibit... and would hate to see you close.

    I would be glad to sign a petition.. but have to agree that it probably won't be effective. This may be one of those fights you win but lose your opportunity in the process.

    are the artist who exhibit with you also renters in Seattle? Could one of them either sublet or take over the lease?

    if you fight this, the wheels of bureaucracy should turn slowly enough to meet your June lease renewal deadline... but i have always found a work around easier in the short term than a full fledged fight...

    I wish i could be your rental angel... i would be more than happy to spend more than the occasional night at Lowman beach... we nearly rented the vacation rental across the street and i have sometimes regretted that we didn't... but we already rent in Seattle.. so wouldn't qualify.

    btw... you don't say how your landlord feels about your enterprise and whether they are willing to back you in this fight...

    i do think this is a fight well worth waging.. as small home businesses are a lot easier to launch right now and our economy needs all the help it can get...

    Posted 2 years ago #         
  21. btw...

    don't vacation rentals qualify as commercial businesses?
    Is there some kind of exemption for them?
    what are the "rules" for an exemption?
    is that what you are basing the petition idea on.. public good?
    If so, perhaps it would be effective....

    as could this forum...

    it wouldn't hurt for those who support our own Duckitude to speak up here.

    Posted 2 years ago #         
  22. bluebird
    Member Profile

    No way I'd sign this petition for special treatment. Nor would anyone I know. Absolutely there is continual advertising of a business with constant links to your zazzle store. And just this week you advertised a free bus shuttle back and forth from the junction. Yeah, I'd love that next door week after week. Play by the rules like everyone else. Isn't that your constant complaint about dog owners? They don't abide by the rules?

    Posted 2 years ago #         
  23. metrognome
    Member Profile

    It took me less than 5 minutes on-line to locate your violation notice for "home occupation violation" on the city website and then to find a city advisory bulletin that discusses restrictions on businesses in residences:

    "Home occupations are allowed as accessory uses in residential zones in Seattle, subject to certain conditions. In both single family and multifamily zones the following regulations apply:
    - The home occupation must be conducted by one whose principal residence is the home or unit.
    - The home occupation must be clearly incidental to the use of the property as a dwelling.
    - The address of the home occupation may not be given in any advertisement or other media. Addresses may be given on business cards, as long as the card also states that business is by appointment only."

    http://www.ci.seattle.wa.us/dclu/Publications/cam/cam236.pdf for entire advisory bulletin

    While it would be helpful if the city provided more information in a violation notice, it seems pretty clear that what you are doing, as you describe your own activities, is in violation of the zoning code for a residential location. While you may not feel your activity adversely affects your neighbors, at least one of them clearly disagrees. It doesn't appear that the 'bureaucrats' are 'applying the law in an arbitrary manner'; it appears that they are responding to a complaint from one of your neighbors.

    Posted 2 years ago #         
  24. On the bright side, if you moved your Ducky workshop and gallery to a commercial zone, you might get more business and you probably wouldn't need a shuttle service for Art Walk.

    Posted 2 years ago #         
  25. sunshine
    Member Profile

    Well, you're getting answers to your question. You probably don't like the answers, though.

    # willing to sign petition - 3 (Jo, Jan, Celeste)

    # not willing to sign it - 6 (metrognome, hunter, sunshine, bluebird, getalife, helpermonkey)

    Posted 2 years ago #         
  26. celeste17
    Member Profile

    celeste17

    I don't feel you advertise. You make announcements when a new Duckie Display is available for touring and you make announcements when then studio is open for viewing.

    You participate in the monthly art walk and recently you posted about a shuttle that you are running (in conjunction with other art walk participants). WSB covers the Art Walk every month and picks out a couple of places that have a notable event happening there. That in itself is advertising the artist or event but it is not )IMHO adverting in terms of revenue for the blog.

    Posted 2 years ago #         
  27. SarahScoot
    Member Profile

    SarahScoot

    Gotta side with the majority here. I was initially somewhat on the fence, but if other artists and patrons come and go, I'd be a bit peeved to have that next door in what's supposed to be a residence. I also didn't realize that this is the "Sterling Images Gallery" you reference frequently, in which case I'd never sign such a petition. You *shuttled* groups to this residence and plan to do so again. That would qualify as a business and a nuisance in my book.
    So, +1 in the "not willing to sign" category.
    Also, imagine if all renters in Seattle kept two rental residences: one as a primary residence, and one to rent out. It would completely shift the balance of rental availability, and would make it incredibly difficult for a new renter to find an affordable place. The city, rightly, does not want a bunch of pseudo-landlords pulling in huge profits at the expense of other renters. That law makes a whole lot of sense to me.

    Posted 2 years ago #         
  28. ...although I'd rather have a Ducky gallery next door than, say, a lawnmower repair shop...

    Posted 2 years ago #         
  29. bebecat
    Member Profile

    Ducki.....Do not look at this as a negative. It is obvious you have a marketable and growing business that has outgrown your space and in need of moving to grow and to be in compliance. And UP is the only direction for you to go. I have seen great businesses grow out of a small idea. Don't limit yourself by fighting to hang on to something that may only be the tip of a sucessful iceberg.

    Posted 2 years ago #         
  30. The shuttle was for four sites. Mine was visited two times during the entire period of the 3 hours. The shuttle caused no more and, actually, quite a bit less nuisance than the refuse and recycle trucks, the Seattle parks dept vehicles, the Wastewater vehicles, and on and on for what we experience in this neighborhood. Again, you cannot make that assumption about a shuttle unless you know what exactly occurs in this neighborhood on a daily basis, and, obviously, you don't.

    To assume that it is a neighbor making the complaint would be jumping the gun. My guess is that it is NOT a neighbor.

    My landlord knew upfront what might be an outcome with respect to the use of the unit as a place to create and display art. Since it has not produced any "nuisance" complaints from any one to him directly, or from any other tenant of his, he is kind of befuddled by all the attention.

    My mistake, obviously, was to try too hard to market the art of my friends and myself using the 7035 unit. I will remove signage, stop advertising it, and remove the address and "gallery" hours from the websites I control at the time the compliance office requests such. Right now, if they rule as many people hope they will, that will probably be mid-March.

    Thanks for the feedback. Take care.

    Posted 2 years ago #         
  31. SarahScoot
    Member Profile

    SarahScoot

    No one has said they "hope" that "they" rule against you, just that they wouldn't sign a petition requesting special treatment or a change to the existing zoning regulations. A special exception leaves a bad taste in many people's mouths, and flat-out changing the regs could result in all sorts of negative effects. I'm not generally a fan of "slipper slope" arguments, but in this case, I think it's valid.

    Posted 2 years ago #         
  32. The mistake is not marketing the business it is operating a business from home that does not meet the zoning code requirements. Be careful continuing to operate while out of compliance because the violation fines are likely to be steep...

    Posted 2 years ago #         
  33. FYI..

    for those of you who haven't visited the gallery...
    it is located right next to Lowman Beach Park..
    yes, park.
    a public park with ample public parking for cars along the street... plenty of parking for those who visit the gallery without ever impacting the neighborhood in a negative way.

    I am guessing the impromptu after hours parties in that park are a lot more intrusive to the neighborhood than the exceedingly small gallery Duckitude opens twice a week.
    not to mention the parties that have been held in the short term vacation rental located directly across the street...

    If Duckie's gallery did the kind of business some of you are implying in your posts... you might have a point. But it doesn't.

    This isn't the primary source of Duckie's income. If you don't believe me.. follow the links to his successful primary career.
    I am guessing it isn't even large enough to be a second source of income... if what i have seen is indicative.. he is lucky to cover costs.

    The traffic in that location will remain as long as the park..
    and the short term vacation rentals remain..
    including the occasional limo ...
    and i am guessing there isn't anyone who is going to advocate closing that park for the convenience of the neighbors.

    We are talking about Lowman Beach Park.. One of the Christmas Ship locations...

    In this particular case, this isn't about traffic at this point...
    it's about rules..
    and about using those rules to shut down small emerging businesses.

    I can understand why some people think that rules should apply to everyone...
    that is unless those rules inconvenience them...
    but i have to ask this question...

    How do you think the rules get changed?

    As it stands, if you run any business out of your home...
    you are out of compliance if you list your business address...
    any business..
    hemming pants.. part time childcare... lawn service... dog walker... writer... computer services.. blog... etc...

    So... What happens when you want or need to expand your hobby to create additional income?
    Are you going to think the person who turns you in for violations is justified?
    Are you going to think you shouldn't get any kind of exemption?

    I am willing to sign Duckie's petition...
    not because i am a duckie fan..
    though i am..
    but because i think this set of rules needs to challenged..
    especially in our current economic environment...

    and i also want to know about the rule that won't let you rent two residences in Seattle...

    Would i be in violation if i rented a new place a few weeks or even a month before my lease expired on an old one so that i could make my move an easier transition? it sounds as though i might.
    Would i be in violation if i chose to rent an apt similar to the one Duckie is using for his gallery to have a place to retreat to? or a writing space?
    What if i wanted to rent a space to house visiting family?
    What about renting a short term rental.. say on Alki.. for a short term vacation?

    Instead of just dumping on duckie and venting whatever frustration you may feel for his enthusiasm promoting local art...

    you might ask the question...
    is this good policy?

    Signing a petition is one way to institute a review of the rules...
    and possibly get them refined to better reflect today's economic realities..

    Posted 2 years ago #         
  34. Hi: Actually, it is "operating a business from a place that is not a home." I am not well-versed in these laws yet, but, apparently "a home business" is limited to the place in which you sleep most of the time. Thus, you cannot have two "home businesses at two different addresses" because you can't sleep at two places at the same time. Interesting definition, but, seems to be what this is all about. It is not about this business being illegal. I could run this business from my 7031A Beach Drive rental, because I can have home businesses at the place they call my residence by their definition.

    The issue of advertising it, etc., is a different issue and there would be limitations, according to the compliance people, but it would be "legal" out of my "home" which they define as the place in which I sleep.

    So, you can have as many rentals as you want, but apparently, you cannot have more than one home, out of which you apparently can run or at least have a "home office" for one or more businesses.

    Zoning compliance that is based on such technicalities is absurd. The criteria for zoning compliance should at least include an assessment of what is actually taking place as to whether it benefits or degrades the neighborhood... especially in these days and times.

    As I said before and as JoB notes, this did not start out as the idea of a gallery -- that only occurred as a "fall back" use after my mother made her decision not to move up here. For me, it is no loss whatsoever. My mother had an absolutely great time here, even though she found it not to be a place she wanted to live due to mold, mildew, etc.

    For artists, including one of my neighbor's teenage daughters, it is a loss of a very nice neighborhood amenity.

    Posted 2 years ago #         
  35. waterworld
    Member Profile

    waterworld

    Duckitude: I realize the question you asked was whether you should circulate a petition related to the ducky gallery, and I apologize in advance for not responding directly to that. After reading this thread and taking a look at the municipal code, I want to weigh in and say that while I personally enjoy the ducky art and I don't have an issue with your use of your property, I can't agree that zoning regulations that impose limits on the number of "home" businesses a person can have are absurd. The code is designed to apply broadly -- to the whole city -- and set forth an overarching set of standards that apply everywhere, to everyone, and that are based on broad considerations of parking, traffic, protecting the residential character of residential neighborhoods, and fostering concentration of business activities in business-dominated areas.

    More to the point, though, is that there are also provisions in the code for challenging the violation that's been issued to you, provisions for obtaining a conditional use permit for the business you operate, and provisions for getting a variance from the zoning regulations. It's not as though the council hasn't made it possible for people to get permission for non-conforming uses or to litigate violation notices.

    You refer, for example, to the fact-finding that may or may not have preceded the violation notice issued to you. My bet is that the fact-finding consisted of looking at the zoning for your home, looking at the business, and determining that the two don't match. If you want to have all the other factors you have mentioned considered, the most direct way is probably to deny the violation and take it to a hearing. If you really want to maintain your business where it is, why not follow the procedures for getting permission that are already in the code, or hire a land-use lawyer to help you? I think that would be far more effective, and in some ways a lot easier, than getting signatures on a petition and taking it to the council.

    Posted 2 years ago #         
  36. waterworld..

    petitions show community support which is used as a form of evidence at such hearings...

    our elected officials bend quickly to public opinion... it didn't even take the parks commissioner a week to cave to those who whined...

    Posted 2 years ago #         
  37. waterworld
    Member Profile

    waterworld

    Duckitude doesn't have the tobacco lobby backing him, I bet. I'm just saying a petition alone isn't likely to cut it. PR firm plus petition, sure. Lawyer and a strategy for obtaining conditional use permit, definitely.

    Posted 2 years ago #         
  38. Ridiculous!!! Some "anonymous" complaint comes in and now you, Duckitude get to spend countless hours and $$$ resolving this ....... sheeesh...our little WS community can really get their feathers ruffled (pun intended) over a guy violating an obscure and petty city CODE violation???
    There's some angry people out there....Go Duckitude (I don't know who you are, but I'm going to walk my Doodle down and introduce myself to you)
    It's kind of sad when common sense leaves the room.....

    Posted 2 years ago #         
  39. HunterG
    Member Profile

    HunterG

    What does common sense have to do with the fact some neighbors think it is a disruption?

    It is actually an example of intelligence. If something is bothering you...find a way to get rid of it.

    Posted 2 years ago #         
  40. HunterG...

    before you move too fast to use whatever means possible to get rid of behavior that bothers you...

    you might ask yourself what you are doing that bothers others...

    you pretty much get what you give in this instance... the same petty attention to rules and regulations can be as easily used against you as by you.

    A little respect and communication goes a long way in instances like this...

    Posted 2 years ago #         
  41. HunterG
    Member Profile

    HunterG

    JoB, are you addressing me specifically or just in general? Because I live nowhere near Mr. Duckitude.

    And my last post was a generalization.

    If Duckitude's neighbors have ever came to him to try to communicate I don't know... maybe they have. But the Duck's still remain.

    I have nothing against they ducks...they're cute! But, common sense IS...if he is breaking zoning laws by having a business in a residential area he is breaking the rules, then all you need is a pissed off neighbor to tattle tale.

    Posted 2 years ago #         
  42. The illogical reasoning here is baffling, particularly the concept that it is ok to break the law as long as one isn't caught or if nobody is apparently getting hurt. I agree that the gallery seems like a nice amenity for the neighborhood but that needs to be determined by the appropriate review process not an independent proponent. Waterworld has it right...

    Posted 2 years ago #         
  43. Bofus,

    who supports duckie breaking the law?

    i merely supported a petition in favor of an exception being made for his gallery.. which does not significantly increase traffic to the neighborhood or put a burden on parking... to support him in his bid for an exemption.

    and voiced the hopes that the rules and regulations regarding home businesses be revisited in light of the current need for an increasing.. not decreasing .. number of small start up businesses.

    if there is a one home based business per home rule... and hubby and i both want to start our own small homed based business... should one of us have to rent a space to do so? Or if one home based business is not yet profitable, should you have to rent a space to start another? what if your kid wants to start a small home based business and you already have one?

    What constitutes a home based business? Does the hobby you are trying to subsidize with sales.. which in this state requires you to have a business license... have to turn a profit to be defined as a home based business?

    Is the assumption that a home based business will increase foot and vehicular traffic in the neighborhood still valid in light of internet based businesses?

    and why exactly do you need to rent a commercial space to post your business address?

    the more i think about this subject, the more i see the need for some public input on the laws regulating home based businesses.

    HunterG..

    my comment was general...

    ducki aside.. i dont' think any of us can guarantee that we won't want to use our property in some way that may be out of compliance with current laws and regulations at some time in our lives.

    if our knee jerk reaction is to use whatever means possible to shut down anyone or anything that bothers us.. we have to expect the same tactics to be used on us.

    i am always in favor of personal communication to resolve possible differences... rather than harassment of any kind... including turning your neighbors in for possible code violatations.

    Posted 2 years ago #         
  44. someone turned me in about a year or so ago for using my address in an obscure website for alternative health care providers. It wasn't my website, but one that I have my name listed on along with providers all across the nation. I doubt that I ever got a client from the site, but you do what you can. This wasn't a neighbor. My neighbors have no problem with what I do. Some are even clients. It was someone who was simply trying to make trouble for me, as far as I can tell. And I was threatened with fines, as was my landlord. They could have even shut my business down, messing with my livlihood. Yet, I was not privy to who did this. It was anonymously done online. Anyone can do it if they take a disliking for you. It took nothing for me to go to the site and simply change the way my address was listed, yet they didn't come to me first...they simply reported it. Yes, I was wrong...but I had no idea that was even in the code. The woman at the Land Use office even said that it was possible that it was someone who was a competitor, or was just trying to make trouble. Something needs to change. I shouldn't have to be afraid of losing my means of support at someone's whim.

    Now, Duckitude isn't paying his rent with this gallery. I don't see it as a commercially viable enterprise. And yet, if I wanted to, without being in the neighborhood or ever going to the gallery, I could make trouble for him. What is right about that? It's petty. They couldn't go to him and ask if he was in compliance first? How would they know he wasn't sleeping there? People need to stop and think before they react to something, if they are truly concerned. And if they are, then maybe the first line of action should be to go to the business person first. No complaint possible without doing that first.

    I have no use for mean people.

    Posted 2 years ago #         
  45. Hi All: Again, thanks for investing so much thought and time into the questions posed and the discussions that have ensued.

    No, actually, no one, period, whatsover, has complained about the gallery being a nuisance to any degree whatsoever. Ditto on the duckies... however, there have been lots of complaints about surveillance cameras.

    I'm not going to try to speculate on who it might be, but it is clearly within their right to make a complaint. It's not their fault that the DPD sucks. The intent of the zoning laws and compliance at DPD is to prevent or take action to deal with nuisances or safety and health issues. It does it very technically, and to the extent, IMHO, that they subvert the intention of the law. If the laws are to prevent or deal with nuisances, etc., there should be a part of the evaluation of a potential violation that includes an analysis of nuisance vs. benefits to the neighborhood and neighbors. They don't.

    I would bet money that it is not any neighbor in this immediate neighborhood making the complaint.

    As for the gallery being a "planned commercial enterprise" -- again -- it was a labor of love meant to be a home for my mom, or at least to give her that opportunity. That didn't pan out.

    Then it became a workspace and a very minor gallery for my friends and myself to show are art. We got overzealous in promoting it, and we admit to that. That is easily scaled back. But, fact is, it is no commerical operation. It was an accidental gallery that no one set out to create as a business operation. It started only as a way of sharing with our neighbors and with a small portion of the hundreds of visitors to this part of Beach Drive every month.

    Sterling Images Gallery has existed on the web for much longer than the brick and mortar thing called the same, so we just used that name to keep things consistent. It wasn't invented for the brick and mortar gallery.

    That's it. We have made very little gross income from the operation. It is convenient for me to do ducky displays because it is a bigger workspace than I have in my own small basement, so that was nice. But, the duckies will go on, just not on such a large scale as the last few months have allowed it to be. It has been convenient for my artist friends to have a place to hang and store their art and show it occasionally, especially since one of them lives 50 feet away, south of the gallery, and, of course, I live all of 3.5 feet away from the gallery on the north side.

    Posted 2 years ago #         
  46. perhaps someone you caught on camera doing something they shouldn't?

    not that THAT happens often in that quiet little culdesac next to Lowman Beach Park ;->

    Posted 2 years ago #         

RSS feed for this topic

Reply

You must log in to post.

All contents copyright 2012, A Drink of Water and a Story Interactive. Here's how to contact us.
No photo reuse without permission.
Entries and comments feeds. ^Top^