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.”
Despite the economic troubles affecting the state, Ohioans are smoking more than ever, according to a study that found the highest percentage point increase of any state. An official with the Ohio Department of Health attributes the increase to the stress people are under, though the Ohio General Assembly also cut funding to the state's smoking cessation help line, so there's that. Ohio ranked as the 36th healthiest state in 2011, down from 33 rd in 2010, while Indiana came in at 38th and Kentucky 43rd.
Occupy D.C. protesters built some type of structure in a park Saturday night, and police on Sunday notified them that they didn't have a permit and took it down, arresting dozens in the process. It was a pretty nice structure, though.
Ohio voter advocates say there was a big elephant in the room during the creation of Ohio's controversial redistricting map, and it was super tan and cried a lot. The Ohio Campaign for Accountable Redistricting says John Boehner was central in the process, working with map-making consultants and the National Republican Congressional Committee. Here's a link to the Ohio Redistricting Transparency Report. From The Enquirer:
"The report found: decisions were not made in public; public input was ignored; there was limited opportunity for the public to review proposed maps; the public was not provided with relevant data for proposed districts; nonpartisan redistricting criteria were not used; and the criteria used to evaluate plans were never publicly identified."
Two prominent Democratic congress members say a $3 million settlement between Cintas Corp. and federal workplace safety regulators is insufficient because it downgrades the severity of the company’s violations and gives it two years to install new safety equipment.
In the ongoing saga of Western & Southern vs. the Anna Louise Inn, there have been several court cases and zoning rulings, most of which have been appealed by one side or the other. Today it was the Cincinnati Zoning Board of Appeals’ turn to rule on something that’s already been ruled on, and it went in favor of the Anna Louise Inn.
The Board upheld a certificate of appropriateness for the Anna Louise Inn’s planned renovation, which essentially also upholds the Historic Conservation Board’s right to issue a conditional use permit — at least for now. Western & Southern is expected to appeal that permit, granted by the Conservation Board Aug. 27, before its 30-day window to do so expires.
Before this series of appeals can play out, the 1st District Court of Appeals will hear arguments in the Anna Louise Inn’s appeal of Judge Norbert Nadel’s May 27 ruling, which set in motion the Inn’s attempts to secure zoning approval from the Historical Conservation Board in the first place.
(All of this could have been avoided if Western & Southern would have purchased the Anna Louise Inn when it had the chance. CityBeat previously reported the details of Western & Southern’s failure to purchase the Inn and the company’s subsequent attempts to force the Inn out of the neighborhood here.)
About 40 people attended today’s hearing, including City Councilman Wendell Young, who said he supports the Anna Louise Inn but was not there to testify on its behalf.
By upholding the certificate of appropriateness, the ruling keeps alive a conditional use permit that could allow the Anna Louise Inn to move forward with a $13 million renovation of its historic building, once the expected appeals process plays out. (CityBeat covered the Aug. 27 Historical Conservation Board hearing here.)
The Board heard brief arguments from lawyers for both Western & Southern and Cincinnati Union Bethel and then entered executive session for about 15 minutes before ruling in favor of the Anna Louise Inn.
Western & Southern lawyer Francis Barrett, who is the brother of Western & Southern CEO John Barrett and a member of the University of Cincinnati Board of Trustees, told CityBeat after the meeting that he disagreed with the board’s finding because a designed expansion of the building’s fifth floor has not yet had its use approved.
“With this case, the Historical Conservation Board is basically approving for the certificate of appropriateness the design of the building,” Barrett said. “But the design included an expansion of the fifth floor, and until that use issue is resolved the code reads, in my opinion, you can’t approve the design because the use hasn’t been approved.”
Barrett during the hearing read a written statement to the board arguing two main points: that the Historic Conservation Board didn’t have the jurisdiction to grant the certificate of appropriateness; and even if it did, Barrett argued, the physical expansion planned makes it a non-conforming use which wouldn’t qualify for the building permit.
Cincinnati Union Bethel attorney Tim Burke told the Board that the Anna Louise Inn is not seeking a permit for non-conforming use because it already received a conditional use permit from the Historic Conservation Board.
“Western & Southern is doing everything it can to block this renovation from happening,” Burke told the Board.
At the Historic Conservation Board hearing last month
Western & Southern tried paint a picture of the Anna Louise Inn’s
residents contributing to crime in the area because a condition of the
conditional use permit is that the building’s use will not be
detrimental to public health and safety or negatively affect property
values in the neighborhood. But the Board granted the permit, stating
that the Anna Louise Inn will not be detrimental to public health and
safety or harmful to nearby properties in the neighborhood and that the
Board found no direct evidence connecting residents of the Anna Louise
Inn to criminal activity in the neighborhood. Western & Southern has until next week to appeal that ruling.
Local angry guy Rich Hoffman should have stuck closer to the Glen Beck style that made Butler County Tea Partiers like him — too much Rush Limbaugh got the bull whip performer ousted today by the local organization he helped start.
The Enquirer reported this week that Hoffman recently ranted on his blog about a vague group of pro-school tax women in the district, calling them prostitutes and describing how their husbands “roll them over at night and insert their manhood” before leaving hundred dollar bills in their purses, and then defended the remarks when contacted by The Enquirer.
The Enquirer’s early report (updated once Hoffman got the axe) included the following:
The head of the anti-school tax group NoLakota wrote on his internet blog site that Lakota school mothers are “just prostitutes to their husbands who do everything they can to be away from them aside from the occasional sex.”
“Their husband’s (sic) roll them over at night and insert their manhood into these women of the bedroom and hundred-dollar bills find their way into their purses. The women don’t know what the man does to earn the money, nor do they care. They are busy saving the world one child at a time with howls of safety and more regulations as they rush to the polling places at election time,” wrote Hoffman, who is also a bullwhip performer and periodic guest on local radio talk shows regarding Lakota funding issues.
A photo of Hoffman wearing a cowboy hat and holding a whip had been presented on the homepage of The Enquirer for most of Thursday, when NoLakota Treasurer Dan Varney told the newspaper that Hoffman had been banned from further association with the group. Varney said the group’s decision wasn’t in response to the publicity of The Enquirer’s report.
Hoffman’s writings also include a reference to “crazy PTA moms and their minions of latte drinking despots with diamond rings the size of car tires and asses to match, (they) plot against me with an anger only estrogen can produce,” The Enquirer reported.
NoLakota says it has removed all references to Hoffman’s personal website, called "Overmanwarrior's Wisdom," (overmanwarrior.wordpress.com), where he writes lengthy diatribes against public school funding, teachers and political opponents and in one post compared the pressure he was under to that which Rush Limbaugh faced after calling a Georgetown University student a prostitute and a slut.
The progressive mode of attack they use to protect their positions which cannot withstand scrutiny is to attack people like Rush Limbaugh whenever he says something they believe they can use against him in an emotional argument. Conservatives typically are terrible at playing this game with progressives because they tend to operate on a belief system rooted in the truth. So they can easily be attacked because if they cross the line, they feel bad about it, and that guilt is used against them to change their behavior in the future.
Hoffman’s blog also includes numerous clips from the Glenn Beck TV show, a lengthy story about film production inspired by Peter Jackson’s The Hobbit and more several Star Wars clips.
Hoffman as of Thursday afternoon hadn’t responded to a request from The Enquirer seeking comment, and CityBeat never tried to contact him out of fear of him thinking we were treading on him.
The following is an
eight-minute video published on the Overmanwarrior site titled
“A Whip Stunt to Save America,” wherein Hoffman uses his patio
table as a metaphorical Constitution, a bowl of water as American
civilization sitting on top of a cup (everything we put our tax money
into) and then whips the cup out from underneath without spilling
civilization all over the Constitution and then says, “I don’t
really understand the progressive way of thinking — they don’t
really belong in this country in my opinion.”
Just two days after he proposed the idea, Cincinnati City Councilman Jeff Berding quietly dropped his proposal to tax panhandlers and require them to wear signs stating how much the city contributes to social service agencies on an annual basis. Despite the sudden flip-flop, Berding's idea has inspired a similar concept targeting City Hall.
A social worker that has written a new book criticizing Cincinnati’s development efforts in Over-the-Rhine will conduct a book signing Thursday.
Alice Skirtz, a Cincinnati native, is the author of Econocide: Elimination of the Urban Poor. She will host a book signing from 4:30-6:30 p.m. at Skirtz & Johnston bakery at Findlay Market, 113 West Elder St.
Proceeds from book sales at the event will be given to the Greater Cincinnati Coalition for the Homeless. Skirtz is the founding organizer of the coalition.
The book profiles growing economic inequalities in the city that is reflected in policy debates over contentious issues like panhandling, homelessness, planning and funding for affordable housing, zoning for social service agencies and site selection for shelters.
Written from a social worker’s perspective, Econocide focuses on advocacy for people who are most vulnerable in society to promote and make sure they’re included in the socio-economic policies of local government.
"Based on over 40 years of experience in working with the urban poor, I wrote this book to call attention to how they have become increasingly at risk of being removed permanently from the community and civic life," Skirtz said. "The growth of privatization has led to increasing economic inequities, lessening influence in administrative and legislative affairs, and decreasing access to housing and even public spaces. I intend for this book to lead to a change in how we treat the urban poor."
The book includes a blurb by David Mann, a local attorney who also is an ex-Cincinnati mayor and former congressman.
“You cannot read her book without tears coming to your eyes at some point and without wondering why a supposedly enlightened society cannot better balance the needs of the least among us with overall economic health and viability,” Mann wrote. “You will ask yourself why we cannot do better.”