Should I Start a Petition?

[Duckitude]

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?

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[HunterG]

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

or a “friend”…

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[JanS]

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.

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[JoB]

Can your landlord rent you the two spaces as one unit?

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[Duckitude]

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.

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[JanS]

I say yes on the petition ! I’ll sign it !

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[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).

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[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.

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[Aim]

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?

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[GetaLife]

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.

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[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.

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[Duckitude]

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.

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[HelperMonkey]

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?

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[WSB]

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.

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[Duckitude]

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.”

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[HelperMonkey]

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!*

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[HunterG]

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

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[sunshine]

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!

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[Duckitude]

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.

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[JoB]

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…

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[JoB]

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.

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[bluebird]

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?

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[metrognome]

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.

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[KBear]

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.

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[sunshine]

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)

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