The Conservation Board staff reviewed the standards required for conditional use and the Anna Louise Inn’s application, concluding that the facility should be allowed to operate as a “special assistance shelter.”
The Board is expected to rule on the permit Aug. 27 after receiving the recommendation and hearing testimony from the Inn’s administrators and supporters. Representatives from Western & Southern Financial Group, which sued the Anna Louise Inn over zoning violations in 2011, will also have an opportunity to testify.
CityBeat last week reported the details of Western & Southern’s failure to purchase the Anna Louise Inn when it had the chance and the company’s subsequent attempts to force the Inn out of the neighborhood (“Surrounded by Skyscrapers", issue of Aug. 15).
Tim Burke, lawyer for the Anna Louise Inn, is pleased with the staff’s determination that the renovation met all qualifications for conditional use.
“I was certainly optimistic that we would get a positive recommendation,” Burke says. “This is obviously an extremely positive recommendation and we agree with it.”
The staff recommendation states that the Anna Louise Inn “creates, maintains and enhances areas for residential developments that complement and support the downtown core” and that “no evidence has been presented of any negative public health, safety, welfare or property injury due to the current use.” It also notes that “the Anna Louise Inn is a point of reference from which all other new and renovated buildings must be designed in order to be compatible with the district.”
The Anna Louise Inn only applied for the conditional use permit because Judge Norbert Nadel ruled in Western & Southern’s favor on May 4, determining that the Inn is a “special assistance shelter” rather than “transitional housing,” which froze $12.6 million in city- and state-distributed loans for the Inn’s planned renovation. The Anna Louise Inn appealed that decision but also applied for the conditional use permit from the Conservation Board under the judge’s definition, because special assistance shelters qualify for conditional use permits under the city’s zoning code.
Francis Barrett, lawyer for Western & Southern, appears to have taken exception to the Anna Louise Inn’s application. He sent a letter to the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision.”
Barrett didn't return a message left by CityBeat with the receptionist at his law firm after a Western & Southern media relations representative directed CityBeat to contact him there. Francis Barrett is the brother of Western & Southern CEO John F. Barrett.
UPDATE: Francis Barrett returned CityBeat’s call after this story was published. His comments are at the end.
Burke doesn’t know what Barrett meant by suggesting that the proposed uses in the Anna Louise Inn’s application for conditional use don’t follow Nadel’s May 4 ruling.
“We’re doing what they argued in court,” Burke says. “Judge Nadel’s decision doesn’t ever exactly say ‘you’re a special assistance shelter.’ It certainly refers to the Off the Streets program that way and it certainly refers to (the Anna Louise Inn) as a single unified use. It says ‘go back to the appropriate administrators and seek conditional use approval.’ That’s what we’re doing.”
Stephen MacConnell, president and CEO of Cincinnati Union Bethel, which owns the Anna Louise Inn, says the hearing will involve testimony from himself and Mary Carol Melton, CUB executive vice president, along with supporters of the Anna Louise Inn.
“We’ll bring a few witnesses just to basically lay out the situation,” MacConnell says. “The board will already have the staff recommendation, so the witnesses that we’ll bring will briefly testify about how we meet the required standards.”
Western & Southern will have a chance to appeal if the Historic Conservation Board grants the conditional use permit. Burke expects that to happen.
“What I’m pissed about is Western & Southern, they don’t give a damn,” Burke says. “We can do exactly what Judge Nadel told us to do and get it approved as a conditional use. They will appeal it to the zoning board of appeals. We can win it there and they will appeal it and get it back in front of Judge Nadel and then I don’t know what will happen.”
The hearing is scheduled to take place at 3 p.m. Monday, Aug. 27 at Centennial Plaza Two, 805 Central Ave., Seventh Floor.
UPDATE 5:36 P.M.: Regarding the letter Francis Barrett sent the Conservation Board Aug. 20 stating that “the description of the proposed uses set forth in the application for conditional use approval … is not the same as nor consistent with the Court’s decision,” Barrett said Friday evening: “I just felt that the description in the submission was different from the description in the decision. I would say it was just not complete.”
When asked for specifics, Barrett said: “I’d have to get the decision out and look at it carefully. I don’t have it in front of me I just thought in general.”
Barrett said Western & Southern will give a presentation to the Historic Conservation Board on Monday but declined to elaborate because it wasn’t finalized.
When asked if Western & Southern will appeal a ruling in favor of the Anna Louise Inn, Barrett said: “It all depends what the decision states.”
The Anna Louise Inn today won another case in front of the Cincinnati Zoning Board of Appeals. The ruling upheld a Historic Conservation Board decision that gave Cincinnati Union Bethel, which owns the inn, a conditional use permit that will allow the social service agency to carry on with a planned $13 million renovation. Western & Southern in a statement given to reporters following the decision vowed to appeal the ruling.
At the hearing, Western & Southern attorney Francis Barrett, who is
the brother of Western & Southern CEO John Barrett, continued his
argument that the Anna Louise Inn is a “high-crime area.” The accusation
is meant to disqualify the Inn for the conditional use permit, which
requires that the building’s use will not be detrimental to public
health and safety or negatively affect property values in the
neighborhood. During an Aug. 27 hearing, the Historic Conservation Board found no direct evidence connecting residents of the Anna Louise Inn to
criminal activity in the neighborhood.
Barrett also emphasized Western & Southern’s stance that continuing on the current path set by the Historic Conservation Board is a waste of taxpayer money because the Inn is receiving public funds. Barrett labeled the funds “excessive expenditures.” However, that argument has little bearing on whether the Inn deserves a conditional use permit, because it’s not relevant to zoning laws and rules.
Tim Burke, Cincinnati Union Bethel’s attorney, began his defense of the Anna Louise Inn by calling the ongoing case one of the most “frustrating” of his career. He suggested Western & Southern is just continuing its attempts to delay the Inn’s renovations as much as possible.
Regarding the charge that the Anna Louise Inn has adverse effects on public health and safety, Burke told the Zoning Board of Appeals that the only adverse effect is on Western & Southern because “they want the property and can’t get it.” He claimed there is no proof that the Anna Louise Inn perpetuates crime in the area, and testimony and evidence presented in the case has proven as much.
The case is only one of many in the ongoing conflict between Cincinnati Union Bethel and Western & Southern, which CityBeat previously covered in-depth (“Surrounded by Skyscrapers,” issue of Aug. 15). Cincinnati Union Bethel wants to renovate the Anna Louise Inn in part with $10 million in tax credit financing from the Ohio Housing Finance Agency and a $2.6 million loan funded by U.S. Department of Housing and Urban Development that was awarded by the city. Western & Southern says it wants to use the Lytle Park area, where the Inn is located, for private economic development.
The series of cases began when Judge Norbert Nadel ruled on May 27 that the Anna Louise Inn classifies as a “special assistance shelter,” which requires a different kind of zoning permit than the previous classification of “transitional housing.” That ruling was appealed by Cincinnati Union Bethel to the Ohio First District Court of Appeals, which held hearings on Oct. 30 and is expected to give a ruling soon.
A series of contradictory tweets and blog comments posted by members of an anti-transit group has observers wondering of there is dissension in its ranks — or whether one member simply has anger management issues.
Ever since an initiative put on the Nov. 8 ballot by the Coalition Opposed to Additional Spending and Taxes (COAST) was rejected by voters, someone with the group has vowed on various local blogs that it still would try to block Cincinnati’s streetcar project.
(UPDATE AT BOTTOM) Fox News commentator Sean Hannity’s participation in a Cincinnati Tea Party event today is drawing sharp criticism from experts on journalism ethics.
Hannity will be taping his TV show tonight during the local Tea Party’s second annual Tax Day rally, which is being held at the University of Cincinnati’s Fifth Third Arena.
Last week, CityBeat's April 4 cover story, "Losing Fight," discussed Cincinnati's legislation that's outlawed ownership of pit bulls within city limits since 2003. Seelbach reveals to CityBeat that he made a pledge to work to repeal the city's ban on pit bulls when he was first elected to office in December 2011, and has met in with stakeholders in the past to discuss reform strategies. "I've always believed that entire breeds should not be punished — we need to punish bad owners," he says.
More than half of Cincinnati’s children live in poverty, according to the U.S. Census Bureau’s 2012 American Community Survey released Thursday.
The 2012 rate represents a roughly 10-percent increase in the city’s child poverty rate in the past two years. In 2010, 48 percent of Cincinnatians younger than 18 were considered impoverished; in 2012, the rate was 53.1 percent.
If the number was reduced back down to 2010 levels, approximately 4,500 Cincinnati children would be pulled out of poverty.
Overall poverty similarly increased in Cincinnati from 30.6 percent in 2010 to 34.1 percent in 2012.
Black residents were hit hardest with 46.4 percent classified as in poverty in 2012, up from 40.8 percent in 2010. Meanwhile, the poverty rate among white residents went from 19.8 percent in 2010 to 22.9 percent in 2012.
Hispanics of any race were placed at a poverty rate of 51 percent in 2012, but that number had an extraordinary margin of error of 15.5 percent, which means the actual poverty rate for Hispanics could be up to 15.5 percent higher or lower than the survey’s estimate. In 2010, 42 percent of Hispanics were classified as impoverished, but that number had an even larger margin of error of 17.9 percent.
The other local numbers had margins of error ranging from 2.2 percent to 4.9 percent.
The child poverty rates for Cincinnati were more than double Ohio’s numbers. Nearly one in four Ohio children are in poverty, putting the state at No. 33 worst among 50 states for child poverty, according to the Children’s Defense Fund of Ohio.
In 2012, the U.S. government put the federal poverty level for a family of four at an annual income of $23,050.
Some groups are using the numbers to make the case for new policies.
“Too many Ohioans are getting stuck at the lowest rung of the income ladder and kids are paying the price,” said Hannah Halbert, workforce researcher for left-leaning think tank Policy Matters Ohio, in a statement. “Policymakers — at both the state and federal levels — are making a clear choice to not invest in workers, families or kids. This approach is not moving our families forward.”
The federal government temporarily increased aid to low-income Americans through the federal stimulus package in 2009, but some of that extra funding already expired or is set to expire later in the year. The food stamp program’s cuts in particular could hit 1.8 million Ohioans, according to an Aug. 2 report from the Center on Budget and Policy Priorities.
At a local level, City Council has consistently failed to uphold its commitment to human services in the past decade, which human services agencies say is making the fight against poverty and homelessness more difficult.
The Cincinnati USA Regional Chamber embraced the YP concept several years ago in the wake of Richard Florida’s “creative class” discussion, which really hit home here because it crystallized the problem Cincinnati and other “uncool” cities face in stemming the brain drain of talented young people leaving to advance their careers elsewhere.
The Chamber created an array of programs to support local young professionals, an effort that certainly came at the behest of Procter & Gamble, Kroger, Macy’s and other corporate giants here that must recruit and retain the best and the brightest talent available. Bold Fusion has emerged as one of the Chamber’s highest profile efforts.
The sixth annual Bold Fusion conference was held Thursday afternoon at the Westin Hotel downtown, packing the ballroom to its 400-person capacity. It was one of the most interesting and inspiring afternoons I’d spent in a while.
In the first town hall-style event of the 2012 campaign, President Barack Obama fielded questions on Monday about rights for the LGBT community, what he would do for small business during a second term and which was his favorite Girl Scout cookie (Thin Mints).
Obama — the first Democrat to carry Hamilton County since Lyndon Baines Johnson — held a packed town hall meeting at Music Hall. Cincinnati Fire Department Capt. Joseph E. Wolf estimated the crowd at 1,200 people in the ballroom with an additional 421 hosted outside.
The most recent Quinnipiac University poll from June 27 showed that 47 percent of Ohio voters favored the president, while 38 percent were behind his presumed Republican challenger Mitt Romney. The poll’s margin of error was plus or minus 2.8 percentage points.
Mayor Mark Mallory fired up the crowd before the president spoke, saying Hamilton County is the most important county in Ohio, and Cincinnati the most important city in the county.
“The folks in this room are the most important folks in terms of the re-election of President Barack Obama in the United States of America,” Mallory said.
Attending the town hall was former Cincinnati mayor and daytime TV host Jerry Springer, who said he and about a dozen other folks had a private meeting with the president earlier in the day.
"I think it would be bad for the country," Springer said of an America that saw Obama lose the November election. He says the Republican-controlled house would run away with our country without a Democrat in the Oval Office to issue a veto.
Just an hour before the president spoke and seven blocks away at Fountain Square, dozens of Romney supporters rallied, carrying signs with slogans such as “Obama Bin Lyin’.”
Republican Mike Wilson, who is looking to unseat Montgomery Democrat Rep. Connie Pillich in the Ohio House of Representatives, was among the speakers at the Romney Rally. Pillich defeated Wilson in the 2010 election.
"Ohio seems destined to play a pivotal role. We're used to it," Wilson said.
Wilson criticized the Obama campaign for “playing politics” with Romney’s tenure at the head of investment firm Bain Capital.
The Obama campaign has claimed that Romney invested in businesses that outsourced American jobs.
“We're all interested with what Romney did with his money, but we're not interested with what Obama is doing with our money," Wilson said.
He blamed over-regulation and taxation from the Obama administration for companies moving their operations overseas.
Gerry Molt, who attended the rally with his wife Roxanne, claimed that Obama is at war with America and says the focus on Bain Capital is “clearly a distraction.”
Roxanne Molt said she’s excited about the importance of Hamilton County in this year’s election.
“I think this is the premier election of our lifetime,” she said. “I think Romney’s got a good plan. We need someone who supports capitalism.”
The president did a little bit to support Cincinnati capitalism, making a pit stop at Skyline Chili before the town hall, where he ordered a 4-way and two cheese coneys.
The economy was a big focus of Obama’s speech, but also of questions he received afterward.
Tony White, who owns a barber shop/beauty salon, asked what the president would do for small businesses with fewer than 10 employees.
In his response, the president touted the possible savings for small businesses under the health care overhaul, saying they could pool together and receive the same rates as larger businesses. As for moving forward, Obama said he would continue to put pressure on banks to lend to small businesses.
“We’ve actually been pushing the banks to say, ‘look, taxpayers pulled your backside out of the fire, it’s now important for you to step up and make sure that small businesses aren’t finding their credit restricted, especially if they’ve been in business for a while,” he said.
The president was also asked by a woman who only identified herself as Anna what he would do to further help the LGBT community. Anna’s son Adam is openly gay and is looking at attending Miami University in Oxford.
Despite earlier teasing that he wouldn’t sing at the town hall, Obama led the crown in singing “Happy Birthday” to Adam, who turned 18 on Monday.
Obama again answered the question by touting his accomplishments so far — ending the “Don’t Ask, Don’t Tell” policy that forbid homosexuals from serving openly in the military and expanding hospital visitation rights to same-sex partners — before going on to say that the federal Defense of Marriage Act needs to be repealed.
The Defense of Marriage Act defines marriage as between one man and one woman. Obama is the first American president to openly support gay marriage.
The theme the president to which continued to return was that America needs to return to being the land of opportunity.
“What really sets us apart has always been that we have the greatest middle class and a basic idea that’s at the heart of this country that says if you work hard then you can get ahead. If you’re responsive, then you can live out your dreams. You’re not confined to the circumstances of your birth.”
German Lopez contributed to this report.
The next president of the United States, Barack Obama, officially has announced a campaign rally for Sunday evening at UC's Nippert Stadium. Gates open at 6 p.m., and he's scheduled to speak at 9. Check out the Obama web site for details.
It's fitting that he makes his final area appearance of the campaign on the UC campus, where he held such a stirring rally in February before the Ohio primary.
If you have time, do yourself a favor and go see Obama live tomorrow. Then help him win the election on Tuesday.
If you're still undecided, check out CityBeat's endorsement of Obama here.
This week’s ruling by the Ohio Civil Rights Commission that a Greater Cincinnati landlady violated a girl’s civil rights by posting a “whites only” sign at an apartment complex’s swimming pool is a decision that most rational people would say is just.
The Jan. 12 ruling means the commission, if it cannot reach a settlement with landlady Jamie Hein, could issue a complaint against her with the Ohio Attorney General’s Office. The AG’s Office would then represent the complainant, Michael Gunn, before an administrative law judge, who could impose penalties and punitive damages.