1977-01-11 - Laserfiche WebLink

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December 24, 1976 TO: Members of the Council and Members of the Planning Commission FROM: Councilman Paul Hardt SUBJECT: Variances As a result of a conversation with the Planning Commission, and much thinking during hearings on variances, I would like to offer some observations and positions on the question of variances. While the topic has been discussed extensively by one more experienced than myself, some ideas have crystalized in my mind which I would like to add to the debate. The issue of granting a variance is clearly one of special privilege weighed against the application of fair, objective criteria. The idea of special privilege should be treated with respect, even in micro -political situations such as in our city. The Founding Fathers had been the victims of special privilege laws which prevented them from being represented in Parliament, prevented the free flow of trade, and abrogated important civil rights. The Founders wisely set up a system which stated that all are equal under the law. This is a cornerstone of our country, and when our system of government is compared to others, it is one of the first and most striking differences which set it apart and above the others. Even in our little way, we see this principle of equality applied at our council table. What one citizen wants, others demand. What we grant to one, must be granted to others. We have even had citizens quote the constitution to us in the interest of guaranteeing equality of treatment for garage sale signs and campaign signs. Perhaps the Founders didn't envision pylon signs and setback requirements as being issues in 1789, but, being small businessmen, lawyers, doctors, laborers, they understood that each citizen, no matter how lowly, must be treated fairly. The city council is one of the few bodies in our governmental system that is allowed to find exceptions to its own laws. We on the council occupy the double role of legislator and judge. This double role has its conflicts. We don't like to face those situations where we have to admit that that beautiful law which we wrote a few months ago doesn't work. And we sometimes are loath to enforce the law we write. On the other hand, because we are one of the few governmental bodies which does have to decide how the law applies in the hard situations, we have a unique opportunity to get feedback ori the law from citizens,from the