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.
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The Anna Louise Inn, the city of Cincinnati and Western & Southern (W&S) met for what could be the final time in court today. For the most part, both sides took their time at the Ohio First District Court of Appeals to restate past arguments.
The three-judge panel heard 15-minute arguments by both sides. It is expected to give a final decision in 30 to 45 days.
During the hearing, W&S lawyer Francis Barrett insisted that the Anna Louise Inn meets the definition of a “special assistance shelter,”rather than “transitional housing” as it was originally classified, due to the Off the Streets program, which helps women involved in prostitution turn their lives around. The difference in labels could have substantial implications for the Anna Louise Inn and whether it can go ahead with its planned $13 million renovation. However, the inn has already obtained a conditional use permit for its renovations in light of the original court decision classifying it as a special assistance shelter.
Tim Burke, lawyer for the Anna Louise Inn, rebutted by asserting that the record shows the Anna Louise Inn has never acted as a special assistance shelter. In one example, Judge Sylvia Hendon asked Burke if the Anna Louise Inn would take in a woman in the middle of the night since it is not a special assistance shelter. Burke responded by saying the Inn would turn the woman away, as required under zoning code: “She will be directed to one of the traditional homeless shelters. She is not admitted to the Anna Louise Inn. The program does not operate that way, and it never has. And the record is absolutely clear about that.”
The ongoing feud was triggered by Cincinnati Union Bethel’s (CUB) refusal to sell the Anna Louise Inn property to W&S. The company originally offered $1.8 million to buy the Anna Louise Inn in 2009. CUB declined, and it eventually obtained $12.6 million in state- and city-distributed federal funding for long-needed renovations. From that point forward, relations between CUB and W&S deteriorated, as CityBeat previously covered in detail (“Surrounded by Skyscrapers,” issue of Aug. 15)
When asked how the hearings went, Burke replied, “You never know … until you hear the decision.”