NIMBY – And I Don’t Care WHO Says It’s OK

Yesterday the Republic Bank on Devon held its first recycling event. Bank Manager Robert Taylor described it as “something nice for the neighborhood,” but that depends on where you live and how you spend your Sunday mornings. In my opinion, waking up to recycling trucks is not the best way to start the day, especially when the trucks are located directly alongside residential housing. It’s yet another example of the Bank’s utter disregard for its closest neighbors. The fact that Taylor is this year’s president of the Chamber of Commerce only makes it worse.

Devon Bank holds these recycling events several times a year in its parking lot on Western. It, too, has residential housing directly across the alley, but Devon Bank’s executives take care to locate the noisy trucks closer to Western than to housing, leaving plenty of room for vehicles to move in and out. Devon Bank’s courtesy toward its neighbors is not shared by Republic Bank.

When I asked Taylor why the trucks were located at the north end of the Republic lot—closest to housing—he replied, “I didn’t think it would be a problem.”  Really??When I asked if he’d stand for having these trucks alongside his home, he raised his arm and pointed to his watch. “It’s 9 ‘clock,” he said, and then added “Is there anything we can do to please you?” This was a reference to my past complaints about the number of noisy events held in what neighbors were assured was “just a parking lot” when it was built in 2012.

The Bank miscalculated when it built the lot, tearing down that part of its building that housed rent-paying tenants, like medical, accounting, and real estate offices while hoping to cash in on the street scape. Grateful shoppers show their resentment at paying for parking by cheating the Bank in every possible way, including breaking the gates so they don’t have to pay. Transforming the space into an unlicensed play lot won’t save it.

It’s been home to the Devon Community Market, with its live and canned music blasting from huge speakers, and several live concerts sponsored by the Federation of Indian Associations (FIA).  There is only one properly-licensed venue on Devon for this kind of event, but the Chamber and the other groups won’t use it. Instead, all of these events have been staged without proper permits or licensing directly across the alley from residences.

I realize that the Bank would like to increase its presence in the community as a way to increase its business. Nothing wrong with that, but using its parking lot as an entertainment center while ignoring the laws that govern such things is simply wrong. It could choose to perform other services for the community, like sponsoring kid’s sports teams. It’s not going to increase business by annoying people.

The parking lot is not zoned for performances of any kind. This presupposes, of course, that one of the alderman’s patented stealth zoning changes has not already occurred. I am still searching the City’s zoning records to be certain, and so far have not found any changes. I can say with certainty that no warning of an impending zoning change has ever been issued to nearby residents, but this reflects only the standard lack of transparency about these things in this Ward and does not relate to whether any such changes are planned or pending.

Most of my neighbors have given up trying to be heard in the councils of power that decide how we all live with this lot. Others have made accommodations—they put up with the noise without complaint in exchange for some benefit that only the powers-that-be can grant. Some even believe that it’s better not to complain to avoid the retribution that so often accompanies standing up for one’s rights. Unfortunately, when enough people choose silence in the face of abuse by the powerful, the abuse gets worse.

No person or group that sponsored any musical or “special” event in the Republic Bank parking lot in the past three years has applied for the City’s Special Events Permit. That’s because City law requires sponsoring groups to submit a written plan in advance advising the City on the sponsor’s plans for bus reroutes, garbage disposal, general clean-up, street closures, food service, and other aspects of the event. Other applications and licenses may also be needed, depending on the event’s specific activities. These groups simply act as if they have all the authority they need. Many assert that the alderman is fully aware of their event and approves of it.

Why would anybody think the alderman can approve breaking the law? Or that her knowledge of an illegal event implies consent?

I attended a January workshop held by the City’s Licensing Department to learn what licensing is required to sponsor a public entertainment event. I learned that, BEFORE applying for the DCASE application, one must first ensure that the chosen venue is appropriately licensed by the City. Furthermore, aldermen may not interfere with the licensing process, in other words, they may not intervene in favor of an applicant nor waive the licensing requirements.

This is the biggest hurdle for sponsors and organizers: musical events can be staged only at venues that hold a Public Place of Amusement (PPA) license. The Bank parking lot doesn’t have one and cannot get one because such a venue requires a distance of at least 125 feet from residential housing. The only place on Devon with a PPA license is Bombay Hall, below street level at the site of the old Hillman’s. Not surprisingly, organizers want their events at street level, in hopes of attracting crowds. If this means trampling on residents’ rights, they don’t care.

These events tend to be staged at night and on weekends, when City offices regulating noise control and licensing are closed. Complainers are referred to the alderman, who isn’t available nights or weekends, although you can leave a message and she’ll get back to you when the event is over. This presents a problem for law enforcement, which cannot shut down these illegal events because (a) complainants are accused of racism; and (b) the event organizers claim they have the alderman’s permission. Any cop who even tried to stop one of these illegal events would no doubt find himself walking a beat in Englewood within the hour.

I talked with one man supervising the concert who told me that they didn’t have to apply for any permits because “…the City takes care of everything.” Howdoes it do that when it’s not aware the event is scheduled? Well, Washtenaw Avenue was suddenly closed in mid-afternoon, after the concert started, when drivers learned that the parking lot was closed to traffic. They were permitted to enter Washtenaw at Arthur, but did not learn they couldn’t exit until informed by  a sign hastily posted at the east-west alley,  Event organizers didn’t care.

These concerts, by the way, are set up beginning at 6 a.m. on a Saturday morning. Huge tractor-trailers block our alley while barrels of supplies roll down metal ramps, men shout instructions at one another, tents are erected, the stage constructed, food tables and audience chairs are set up, speakers tested—all of this occurring ten feet from sleeping residents. Most of my neighbors are not about to tangle with a couple dozen arrogant, physically-powerful men hauling barrels and heavy equipment around a parking lot at that hour of the morning. Isn’t physical intimidation a form of bullying?

Neither this year’s Indian Independence Day concert nor the extensively-publicized FunFest sponsored by the alderman and West Ridge Chamber of Commerce—both scheduled over the next three weeks—have applied for any special use permits from the City. Neither has met the statutory requirement of notifying nearby neighbors 30 days before the event that it has been scheduled. Using FOIA, I asked the City’s Department of Special Events and Cultural Affairs (DCASE) for copies of any and all applications for special use permits for events to be held in the Republic Bank Parking Lot. As of August 5, none have been located.

FunFest is an especially interesting case study of what’s wrong with the Chamber of Commerce and its approach to economic development. And it’s yet another event that lacks the proper permits yet enjoys the alderman’s sponsorship.

It all begins with a little-known taxing district that is the subject of tomorrow’s post.

 

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