Majority Rule Encourages Nimbys
Jul 15, 2008 | 749 views | 0 0 comments | 5 5 recommendations | email to a friend | print

Let’s keep it simple and take a hypothetical scenario; no let’s take an actual occurrence. My neighbor goes fishing or skiing or boating while I go to work. My neighbor’s house is bigger than mine; he has a beautiful family. My neighbor has a legal shooting range on his property. My neighbor’s property is 10 times the size of mine. I hate my neighbor.

Wait! There is justice after all! My neighbor wants to break off two smaller lots to someday enable his daughter to build on this piece of property. Ouray County has an antiquated section in the land use code, unlike other counties in Colorado and the United States as a whole, that requires approval of two-thirds of his neighbors to subdivide. Now I’ve got him!

I don’t understand the land use code, I don’t understand allowable density. I don’t know the county’s master plan, but wait; I don’t have to understand. I don’t have a legitimate reason, but that’s the beauty; I don’t have to, according to section 6.13 of the land use code.

I know several contiguous lot owners said they spoke with my neighbor and agreed this lot split would have little or no impact on them. I’ll fix that; I’ll distort the facts and throw in a little misleading information to intimidate them. Boy is everyone mad now!

I’ll contact the land use administrator who also is a contiguous lot owner and see if he can make this subdivision even more difficult, by proposing an amendment to the land use code. Conflict of interest? No, the county attorney will never catch that.

It worked; now I see his property is for sale.

It’s really interesting how angry the property owners have become. I understand the sheriff has been called several times because of theft and vandalism on my neighbor’s property. I’m pleased they were denied the right to appear before our county commissioners. The BOCC is too well informed and would discover my less than ethical means of persuasion.

Does this sound absurd? No this is real life in Log Hill Village.

Our current land use code and the even more restricted land use code amendment proposed by the land use administrator does not protect due process. A misinformed candidate for county commissioner states, “It would be a mistake to put this kind of decision solely in the hands of a BOCC.” You’re running for county commissioner and already proposing a degradation of power of our elected officials, and denying a citizen the right to appear. The proposed citizen-initiated amendment to the land use code actually allows all citizens the right to appear, comment or object to any amendment, not only the property owners in the PUD.

This decision should be put in the hands of the BOCC. These people are our elected officials and their decisions are based on facts, not hearsay or intimidation. Ask yourself why has it taken so long for Log Hill to construct a proper fire station?

Ouray County Planning Commissioners, you have the power in your hands to uphold the fifth amendment of the United States Constitution. Please use this wisely and advise the BOCC to adopt the citizen-initiated amendment to the land use code. Stop the animosity and feuding among neighbors and give everyone the opportunity to express their concerns, then without prejudice render a decision.

– Craig Cambria, Log Hill Village

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