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.”
Cincinnati's only remaining daily newspaper is considering moving its printing operation to Columbus and reducing the size of its print publication.
The corporate owners of The Enquirer and The Columbus Dispatch have signed a letter of intent to have the Cincinnati and Northern Kentucky editions of the local paper printed at The Dispatch's production facility. If the deal is finalized, the switch would occur in the final quarter of 2012.
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.
The folks over at Gallup have told us something that some Cincinnatians already believe: Kentucky is a shitty place to live.
The Bluegrass State was ranked as the third-worst in the nation for livability because of its residents' affinity for tobacco, disinclination to go to the gym and for never seeming to find the time to go to the dentist.
The poll asked more than 500,000 adults questions about economic confidence, job creation, whether their bosses treated them like partners rather than underlings, whether they had been to a dentist in the last year and how easy it is to find clean drinking water.
Poll respondents also ranked Kentucky 49th for “learned something new yesterday,” and enough Kentuckians complained about finding a safe place to exercise to earn it the 47th rank.
Our friends and neighbors to the south fell amongst such company as West Virginia, Mississippi and Nevada.
Now before we Ohioans get too smug, we were ranked the ninth worst state for future livability.
We were near dead last (47th) for “city/area ‘getting better’ minus ‘getting worse’ ” and 45th for “low obesity.”
The top three states for future livability were places where nobody actually lives Utah, Minnesota and Colorado. Apparently they all like brushing their teeth and exercise more than the Tristate.
Another round of layoffs hit Cincinnati's only remaining daily newspaper this afternoon. Various reports indicate between 12 and 20 people were let go at The Enquirer.
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.
Vice Mayor Roxanne Qualls, the Greater Cincinnati Port Authority and community partners on Monday unveiled the “Come Home Cincinnati” initiative, which promises to make vacant properties available to new occupants in an effort to increase homeownership and redevelop neighborhoods hit hardest by vacancy and abandonment.
The goal is to establish a residential base that will help jumpstart private redevelopment and revitalize largely abandoned areas of Cincinnati and Hamilton County.
“Just about a year ago, we were in Evanston to talk about their housing strategy for the Woodburn Avenue corridor and what to do about the 200 vacant and abandoned properties in the community,” Qualls said in a statement. “The next logical step on the path to revitalization is to incentivize private market investment in the residential core of our neighborhoods and help to fill the once-abandoned homes with new owner-occupants.”
The initiative will work through the Hamilton County Land Bank, private lenders and community development corporations to connect potential homeowners with a pool of loan guarantees.
Qualls’ office says the plan will likely require tapping into the city’s Focus 52 fund, which finances neighborhood projects.
To qualify for the program, owner-occupants will have to meet minimum credit requirements, agree to live in the rehabilitated home for five years and pay for 5 percent of the total rehabilitation and acquisition costs as a down payment. After five years, the loan will be refinanced at the same or better interest rates to relinquish the city and its partners’ loan guarantee.
The city is eyeing a few potential partners for the initiative, including the Cincinnati Development Fund, Cincinnati Preservation Association, the University of Cincinnati Urban Design Center and neighborhood-specific groups.
The initiative will start with 100 homes in the pilot neighborhoods of Evanston and Walnut Hills, but it will expand to Avondale, College Hill, Madisonville, Northside, Price Hill and South Cumminsville as resources grow. It will work in conjunction with the Moving Ohio Forward demolition grant program, which allows the city and Hamilton County Land Bank to tear down blighted and vacant buildings.
At the same time, three of the neighborhoods — College Hill, Madisonville and Walnut Hills — are currently trying out form-based code, a special kind of zoning code championed by Qualls that allows developers to more easily pursue projects as long as they stay within a neighborhood’s established goals.
City Council will now need to approve a motion that gives the city administration 60 days to develop a plan and budget for the initiative. The city administration’s proposal will also require City Council approval.
A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.
The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.
Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.
U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.
On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.
Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.
“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”
But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.
The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.
It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.
If an appeal is pursued, the county could be at risk of paying much more. A lengthy appeal process could easily double what’s been spent so far, legal experts said.
The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.
Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.
“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”
Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.
“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.
Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.
Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.
The next President of the United States, Barack Obama, will appear at an "American Jobs Tour Rally" at 3 p.m. Thursday at the Ault Park Pavilion in Hyde Park/Mount Lookout. The event is free, and no tickets are required, but the Obama campaign would like for you to RSVP if you're going to attend. Click here to do so.
They'll start letting people in at 1:00. The web site advises that no signs or banners are permitted and that you shouldn't bring bags because they're a hassle to search.
The weather looks like it will cooperate.
— John Fox