March 18, 1965 (24 pages)

NEVADA COUNTY NUGGET March 18, 1965 EDITORIAL PLANNING BY VARIANCE IS A DANGEROUS HABIT FOR LOCAL GOVERNMENT Nevada City is faced with the prospect ‘of a law-suit over the decision of the city council to grant a variance to permit construction of a service station in a residential zone on Coyote Street. The failure of both the city council and the planning commission to observe certain principles has helped to put the city in the position in which it now finds itself. & The city has a zoning ordinance, but the planning commission, and finally the city council, has failed to adhere to its regulations. Throughout the several hearings on the Coyote Street case it was pointed out again and again that the ordinance sets fourth only one reason for granting a variance and that is the reason of hardship--the hardship created through some peculiarity of the property which makes the land unusable for the purposes specified in that particular zone. The planning commission and the city council heard all kinds of arguments which had little or nothing to dowith makingacase for the claim of hardship. While the ordinance may not be perfect, it is the only one the city has and it is the only thing by which the planning commission and ultimately the city councilcanbe guided in their actions on zoning matters . Once these bodies start going outside the guidelines laid down by the ordinance, they enter a never-never land in which there are no guidelines and anything goes . The city may have already crossed that line. The city planners seem on occasion to lose sight of the fact that they sit on that board torepresent the interests of allthe people. The recent decision togranta setback variance for a service station on Zion Street is a good example of this seeming lack of understanding of the need to follow through for the good of all. Placing of the service station equipment closer tothe road than normally permitted in the ordinance is going to cause traffic hazards ona street that is rapidly taking ona commercial nature. Only one dissenting vote was caston the question and that was done because that commissioner tried to explore alter-nates to the proposal and failing to geta satisfactory answer, voted against the proposal. Requests which come before the planning commission should not be grantedas a matter of automatic routine. Each case should be carefully scrutinized in relation to its merits within the framework of the zoning ordinance. Decisions have been made recently which are slowly eating away at the whole basis of planning. > There seems to be a trend toward avoiding rather than using the existing laws which were enacted in the first place for the good of the citizens. This is true not only in Nevada City, but also on the county level. In the city the matter is put tothe governing body in the form of a variance .Onthe county level it is put in terms of exceptions. In either case it is a matter of eat. ing away at the protection afforded all of the county residents by good plan‘ning and zoning. We may be annoyed or disturbed by certain inadequacies in the zoning or planning laws. If they are imperfect, and _ they certainly are in some seg~ ments, then they should be changed tomake them more useful to all of the This takes time. Meanwhile, as planning comes to mean more and more for the good of this growing county, we cannot continue the trend of going outs ide the guides to development which now exist. A general plan is being developed forall ofthe county. Both cities have zoning ordinances. The character of the land use in both cities and in the areas around them is constantly undergoing change, but we must use the tools we now have at hand to guide our development. A continuation of the drift toward government by exception is a step backwards. We cannot afford to go backwards. IN THE FOOTHILLS VEIN” WAILING AND GNASHING OF TEETH OVER THE FREEWAY There was muchtalk, armwaving, wailing and gnashing of teeth last week over the demise of Nevada City's famous Sequoia tree. The people who got it the most and really had the least to do with it were the men doing the work cutting down the city landmark. They were just doing a job yet they were assailed as land rapers. It is amazing how all these people suddenly turn out to make noises about the freeway after the fact. Where were they when they hada chance to say something about keeping the new road from running through the middle of town? Unfortunately, a lot of them were standing around with their hands in their pockets telling people how a downtown route would be a big boon to business, Well, we certainly got the business. Just walk down to the foot of Broad Street and look either left or right and you will be able to see how we got the business, eee68 “WHERE DO WE GO FROM HERE BOYS--Where Do We GoFrom Here" goes the old refrain. Quite a few people now seem tobe singing this same line about Nevada City and its famous Coyote Street zoning case, The most apparent answer seemsto be that the city is going to court. A contingent of Coyote Street residents turned up at the council meeting last week in an apparent attempt to bluff the council into rescinding its action of granting a variance to permit construction of a service station in a residential zone. The bluff failed and now the group says it will take the matter to court. If they mean what they say, and apparently do for they have reportedly put a sizable retainer into the hands of their lawyer, the final results could be a big black eye for the city. eee88 WITH ALL THE WORLD ina state of turmoil, we took to the hills Sunday for a spring outing. Being tourists at heart, we mapped out a route that might be a good one Columbia, on to Lake City, a stop at the Malakoff and picnic lunch at Humbug. Wereturned over Edwards Crossing and back the Blue Tent Road into Nevada City. That kind of trip makes one glad to live in Nevada County, but also brings back to mind the nagging question of how long that scenerly will last. Perhaps if people yell loud enough about thoughtful use of the land, and fight hard enough to get sensible regulations ori land use on both the state and county level, this lovely country will remain that long enough for our sons to enjoy picnics among the tall county. pines. Spring is the time for the optimists. --Don Hoagiand BI yorep ***1983ny Aiun05 epeasn’ ** s ~ S96T

NEVADA COUNTY NUGGET March 18, 1965 EDITORIAL PLANNING BY VARIANCE IS A DANGEROUS HABIT FOR LOCAL GOVERNMENT Nevada City is faced with the prospect ‘of a law-suit over the decision of the city council to grant a variance to permit construction of a service station in a residential zone on Coyote Street. The failure of both the city council and the planning commission to observe certain principles has helped to put the city in the position in which it now finds itself. & The city has a zoning ordinance, but the planning commission, and finally the city council, has failed to adhere to its regulations. Throughout the several hearings on the Coyote Street case it was pointed out again and again that the ordinance sets fourth only one reason for granting a variance and that is the reason of hardship--the hardship created through some peculiarity of the property which makes the land unusable for the purposes specified in that particular zone. The planning commission and the city council heard all kinds of arguments which had little or nothing to dowith makingacase for the claim of hardship. While the ordinance may not be perfect, it is the only one the city has and it is the only thing by which the planning commission and ultimately the city councilcanbe guided in their actions on zoning matters . Once these bodies start going outside the guidelines laid down by the ordinance, they enter a never-never land in which there are no guidelines and anything goes . The city may have already crossed that line. The city planners seem on occasion to lose sight of the fact that they sit on that board torepresent the interests of allthe people. The recent decision togranta setback variance for a service station on Zion Street is a good example of this seeming lack of understanding of the need to follow through for the good of all. Placing of the service station equipment closer tothe road than normally permitted in the ordinance is going to cause traffic hazards ona street that is rapidly taking ona commercial nature. Only one dissenting vote was caston the question and that was done because that commissioner tried to explore alter-nates to the proposal and failing to geta satisfactory answer, voted against the proposal. Requests which come before the planning commission should not be grantedas a matter of automatic routine. Each case should be carefully scrutinized in relation to its merits within the framework of the zoning ordinance. Decisions have been made recently which are slowly eating away at the whole basis of planning. > There seems to be a trend toward avoiding rather than using the existing laws which were enacted in the first place for the good of the citizens. This is true not only in Nevada City, but also on the county level. In the city the matter is put tothe governing body in the form of a variance .Onthe county level it is put in terms of exceptions. In either case it is a matter of eat. ing away at the protection afforded all of the county residents by good plan‘ning and zoning. We may be annoyed or disturbed by certain inadequacies in the zoning or

planning laws. If they are imperfect, and _ they certainly are in some seg~ ments, then they should be changed tomake them more useful to all of the This takes time. Meanwhile, as planning comes to mean more and more for the good of this growing county, we cannot continue the trend of going outs ide the guides to development which now exist. A general plan is being developed forall ofthe county. Both cities have zoning ordinances. The character of the land use in both cities and in the areas around them is constantly undergoing change, but we must use the tools we now have at hand to guide our development. A continuation of the drift toward government by exception is a step backwards. We cannot afford to go backwards. IN THE FOOTHILLS VEIN” WAILING AND GNASHING OF TEETH OVER THE FREEWAY There was muchtalk, armwaving, wailing and gnashing of teeth last week over the demise of Nevada City's famous Sequoia tree. The people who got it the most and really had the least to do with it were the men doing the work cutting down the city landmark. They were just doing a job yet they were assailed as land rapers. It is amazing how all these people suddenly turn out to make noises about the freeway after the fact. Where were they when they hada chance to say something about keeping the new road from running through the middle of town? Unfortunately, a lot of them were standing around with their hands in their pockets telling people how a downtown route would be a big boon to business, Well, we certainly got the business. Just walk down to the foot of Broad Street and look either left or right and you will be able to see how we got the business, eee68 “WHERE DO WE GO FROM HERE BOYS--Where Do We GoFrom Here" goes the old refrain. Quite a few people now seem tobe singing this same line about Nevada City and its famous Coyote Street zoning case, The most apparent answer seemsto be that the city is going to court. A contingent of Coyote Street residents turned up at the council meeting last week in an apparent attempt to bluff the council into rescinding its action of granting a variance to permit construction of a service station in a residential zone. The bluff failed and now the group says it will take the matter to court. If they mean what they say, and apparently do for they have reportedly put a sizable retainer into the hands of their lawyer, the final results could be a big black eye for the city. eee88 WITH ALL THE WORLD ina state of turmoil, we took to the hills Sunday for a spring outing. Being tourists at heart, we mapped out a route that might be a good one Columbia, on to Lake City, a stop at the Malakoff and picnic lunch at Humbug. Wereturned over Edwards Crossing and back the Blue Tent Road into Nevada City. That kind of trip makes one glad to live in Nevada County, but also brings back to mind the nagging question of how long that scenerly will last. Perhaps if people yell loud enough about thoughtful use of the land, and fight hard enough to get sensible regulations ori land use on both the state and county level, this lovely country will remain that long enough for our sons to enjoy picnics among the tall county. pines. Spring is the time for the optimists. --Don Hoagiand BI yorep ***1983ny Aiun05 epeasn’ ** s ~ S96T