Thank you for continuing to be the standard-bearer for this important issue.
The heart of the discussion during your time on Mike Kent's Radio Real Estate program, was the enforceability of the Municipal Code as it is currently written. As I was unable to get through to the program, I'm passing my comments to you here. A non-enforceable code is no better than having no code at all. If the code is in place, it needs to be enforced. If it cannot be enforced, it needs to be revised to include language that is enforceable.
While I respect the wisdom and experience of the City Attorney, ultimately, we don't know if the code is enforceable in its current form until it is tested in court. Similar cases in other jurisdictions have shown that R1 zoning can be enforced if properly articulated in the Municipal Code. I believe the enforceability of our code needs to be tested. If it fails the test, it needs to be revised appropriately.
Damon J. Gray
You are right on the money. It is up to the court to decide the constitutionality of our code. The City Attorney certainly has his opinion but, just like belly buttons, everyone has one. One opinion counts and that is the opinion of the courts. Anything short of that becomes babble and results in quibbling, stalling and continued frustration. Time to move on.