Let’s Build an Even Bigger Jack in the Box in North Park

What I find really interesting here is the accusation that JITB is "breaking the rules." JITB appears to be following all Land Development Process protocol. Just because City Codes and zoning don't currently allow for the requested project doesn't mean they can't request a variance/special permit to do so. Projects like the one proposed by JITB require discretionary review by the City via the Development Services Department. DSD takes all zoning and City Code information into account, along with neighbor feedback and property history to reach an informed and unsentimental recommendation on the matter. Right? It seems likely that DSD's "discretion" took into account that this was a very well-established business, and that it wouldn't be judicious to decide that the only way JITB could improve their building was to give up a main component of their business (like their drive-thru, or their hours) just because of historic zoning changes. I understand resident frustrations at the relocation of entrances and exits, of adjustments to hours of operations and things of that nature. But accusing a business in this situation of not "following the rules" is ridiculous. Homeowners also get variances from zoning and codes--to make garages into livable space, run businesses, to add second or third stories to their homes. Neighbors can petition DSD and the Planning Commission to protest that it takes away street parking, adds too much noise, or ruins their view, but in the end the decision lies with the City. If you don't like the City's decision, it doesn't mean your neighbor has broken the rules! Why should telling unhappy people to move be off the table? Everything changes. To me it seems shortsighted to imagine that anyone would purchase a home next to a business and expect that the operation would always remain the same. Nail said she believed that the "City would follow its own rules," when it comes to JITB, but I somehow doubt she looked closely at what the norm is for City rulings on this type of scenario. Also, if she did her due diligence then she must have been informed of the extended length of the JITB lease. Would she prefer that the quality of the building across the street continue to deteriorate for another 30 years and continue as business as usual instead? I have yet to hear anyone give a legitimate example of "something incredible" that JITB could do to appease the residents that doesn't involve cutting the business off at the knees or moving it to someone else's backyard. Perhaps we should try getting a zoning variance to put a stable full of unicorns there…
— February 7, 2012 2:55 p.m.

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