So Silver Mine Subs in Lafayette has apparently woken up somebody for dumping trash outside their store on South Boulder Road late at night. This complaint prompted a review of their use review which showed Silver Mine didn't have permission to make deliveries as part of its business practice. They currently are open til 3:00 AM. So the City has said he can't deliver after midnight - because, of course, there is a direct connection between deliveries and deciding when to dump trash. And besides, we didn't ever tell you you could deliver your food, anyway.
The owner says the loss of late night business will cause him to close. Regardless, this type of headache for an obviously solvable problem is an example of a robotic , complaint-based governmental process at work. Whatever the neighbor was upset about can be changed, instead it is the nuclear bomb reaction to trash dumping that may put him out of business. Require changes, heck, even fine him for going outside the original scope of the business plan, but it's obviously serving a community need. Nothing says "small town feel" like one grumpy neighbor putting a viable business OUT of business.
Read the Lafayette News' version of the story here.
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6 comments:
I am glad you posted this. This one really, really bugs me for the reasons you mention. There are many ways to solve this without the over reaction. These same folks will be crying about the vacant site in a few months.
You would think the city would be appreciative of the few businesses they have. I am not saying the homeowner(s) should have to put up with 3am noise, but perhaps they business could simply throw their trash in the morning.
It is definitely time for a shake up at city hall.
The way to check the balance of enforcement in any town is to determine if all businesses would be held to the same standard.
I seriously doubt WalMart, Ace, Albertson's, King Soopers, or McDonald's would be punished to the same level as this small business. The problem would be discussed with them and a solution worked out, or the complaining neighbor would be told to take a hike.
It smells to me like there is some important information missing here. Like - has this guy pissed the city off for some other reason?, is someone in town hall a part owner/silent owner of a competitor?, is the complaining neighbor connected to someone in town hall in some way?
Is there a fleet of delivery trucks coming and going constantly or just the usual guy in a car running food orders around town? I doubt living next to Silver Mine is more obnoxious than living across the road from the Burger King drive thru lane or behind Ace or Super Walmart. Why is Silver Mine being singled out? Just like the now boarded up house on Public Road, running Silver Mine out of business will create a vacant eyesore. Save Silver Mine Subs!
I am sure that taking those Silver Mine cars off the road will save a ton of money err.. debt on street maintenance. Do I hear fiddle music?
The Planning Commission will be taking this up for a final decision next Wednesday.
The fact that the owner appealed the administrative action was buried in the story, but is significant because it so rarely happens. First case I've seen this type of appeal, though I gather Take-A-Break did something similar years ago. City staff had originally said Take-A-Break might cause traffic and other disruptions on Geneseo Street, but the owner successfully appealed; presently the Council is looking at traffic issues at that corner.
The timing is interesting, since the City Council just looked at repeal and reenactment of the noise ordinance to ostensibly make it more responsive to nuisance issues. That enforcement mechanism is completely outside the land use process.
Anyone who would like to help my case vs city hall would be wonderful. We at Silvermine in Lafayette have been delivering here for over 3 years. I can understand if there were some noise issues but how come this person never came to me about these issues? Why is this the first time I am hearing about this? Is it really worth me losing my house and home? I dont mind sleeping in my car but I think my wife and kids would have a huge problem with it.
I really do appreciate everyone's feedback and support. Please come to city hall Wed night 7 p.m. in Lafayette. I explained to the people at city hall that the people we deliver to at night are the people caring for their parents delivering their babies and the emergency people who save lives. This doesnt just happen 9-5 Monday through Friday.
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