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08/22/2005 03:59:12 PM · #1 |
Ok, not only did I lose my domain a few weeks back which meant 'Gallerage Online' went offline and got NONE of the money due me by way of refund, I just got off the phone with the Town Board rep and I have lost my appeal to the board.
The Story:
For the past five years I have operated a small gallery out of a building on my property. About a half dozen local artists and photographers keep my walls filled and customers coming in. I do mounting, matting, custom framing if they want. I have all the required permits, meet all the required laws and regulations and over the years have been more than happy to have the building inspected to make sure I am in compliance. A lot for a gallery that is only open Saturday and Sunday 11 to 4.
Three months ago I got a letter from the town saying I may be in violation of code 17xx and would need to reapply for a permit for my gallery. I contact the town board and there is no way around this I have to go through the whole application process again. So I do. I pay the fees, complete all the paperwork and have my day in court before the town board. They denied my application. So I appealed, and I just found out they denied my appeal.
They changed some laws in the town for zoning and such. In order for me to keep my gallery open I have to have dedicated parking. According to the town this means I have to have PAVED parking. Currently people use the yard which clearly is a 'parking lot' in the area in front of the gallery. However, if I want a permit I have to pave this area which when I had the driveway done last year I got an estimate for and it would cost me about 15,000 to have this paved since it has never been paved before and there is a lot of work and if I wanted it to last through more than a few winters, I couldn't skimp on it.
Next...fire supression. I have three fire and smoke detectors in the gallery building. Two in the gallery itself and one in the back room. There is also three fire extinguishers - two in the gallery and one in the back room. I also have a dedicated 911 line in the gallery (another requirement by the town since I am in a rural area). This all for a gallery space that is 12 x 14 feet and there is no smoking in it. (that is 12 x 14 feet of pure wall space on three walls.) If I want to keep it open I would have to install a fire supression or sprinkler system. Anyone care to guess the expense of this for this small space? I can't just have a plumber come over and put in a sprinkler system, it has to be certified, tested, approved, monitored and checked every year.
So all in all if I want to keep a part time gallery open that makes enough money to keep me in lumber for frames and framing supplies basically (I take no commission from the artists that hang in the gallery) it is going to cost me close to 25,000. So...I have 30 days to submit letters of intent along with estimates for the work to be done within the next 120 days or I close The Gallerage doors.
Guess I'm closing the doors.
Edit: typos
Message edited by author 2005-08-22 16:31:58. |
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08/22/2005 04:09:51 PM · #2 |
Man that bites! Too bad you can't find a loophole somewhere. Normally I would side with the rule makers and adhere to standards, but the way you lay it out sounds like somebodies got a burr in their saddle! Best of luck however it works out.
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08/22/2005 04:16:19 PM · #3 |
That does suck...
Nothing like jobsworth's to enforce rules for the sake of enforcing rather than according to common sense and the good of the community...
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08/22/2005 04:39:25 PM · #4 |
Originally posted by glad2badad: Man that bites! Too bad you can't find a loophole somewhere. Normally I would side with the rule makers and adhere to standards, but the way you lay it out sounds like somebodies got a burr in their saddle! Best of luck however it works out. |
I looked for loopholes and thought I had found one. One of my nearest neighbors runs an antiques shop out of a building on his property. When I first went to the hearing, at that timne, he had not been served with any of the same notices and he has less real parking than I do (and none paved at least I do have 5 spots that are paved but they consider those my driveway and non gallery use...morons). Also he doesn't even currently have fire extinguishers in his place, he has no 911 line or nothing. When I talked to him he told me that since his place was within 250 feet of mine that he was allowed to piggy back off my 911 line. Noone ever told me this and I bear the full cost of it. And that is only his shop building is within 250. If they made that rule the street address he would have to get his own. I brought these things up in my appeal. All it did was make me a new enemy - my neighbor is now pissed he has to do all these things and also pissed that I am shutting my doors cause that means he has to get his own 911 line.
Message edited by author 2005-08-22 21:15:52. |
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08/23/2005 03:39:16 PM · #5 |
Originally posted by Alienyst: ...he has less real parking than I do (and none paved at least I do have 5 spots that are paved but they consider those my driveway and non gallery use...morons). |
So does your neighbor have to add paved parking now also?
Originally posted by Alienyst: ...he has no 911 line or nothing. When I talked to him he told me that since his place was within 250 feet of mine that he was allowed to piggy back off my 911 line.
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Huh??? So when was your neighbor informed that he didn't need a 911 line because of yours? I guess he assumed YOU had one?
Come on - fess up. You did you tick off anyway? ;^) |
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08/23/2005 03:56:22 PM · #6 |
Never a good idea to use your neighbor, friend, etc. as an example for why the government should let you do something - inevitably it will not only fail, but they will then go after your example.
All good reasons not to let the government in your business. I run a business out of my home office which is an apartment over the detached garage. I use a PO box in the city next to ours and I don't tell our city government jack. If they find out, so be it, but I'm not gonna tell them.
Very sorry, but not surprised to hear you have to shut down the gallery, Chris. |
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08/23/2005 04:20:09 PM · #7 |
Originally posted by glad2badad: So does your neighbor have to add paved parking now also? |
If he wants to stay open apparently he does.
Originally posted by glad2badad: Huh??? So when was your neighbor informed that he didn't need a 911 line because of yours? I guess he assumed YOU had one?
Come on - fess up. You did you tick off anyway? ;^) |
I guess when he originally applied for his permit a few years ago. Nice of him to tel me so he could share the cost.
Did you mean 'Who did you tick off anyway?' No one. I don't know anyone in town politics or even connected to it around here. Never been in trouble with the law although they think I am strange for wanting to put apples in a traffic light for the Apple challenge and also for the question I just asked one yesterday concerning the D&L challenge (I have a great idea but involves the use of a uniformed policeman - he didn't get the humor). Other than that I can't think of anyone. They chose me simply because I renewed my required DBA and when the paperwork went across the right/wrong desk it was noticed.
Message edited by author 2005-08-23 16:20:38. |
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08/23/2005 04:22:08 PM · #8 |
Originally posted by kpriest: Never a good idea to use your neighbor, friend, etc. as an example for why the government should let you do something - inevitably it will not only fail, but they will then go after your example.
All good reasons not to let the government in your business. I run a business out of my home office which is an apartment over the detached garage. I use a PO box in the city next to ours and I don't tell our city government jack. If they find out, so be it, but I'm not gonna tell them.
Very sorry, but not surprised to hear you have to shut down the gallery, Chris. |
Well...my neighbor said he had just gotten his permit and since they said nothing to him about anything he suggested using him as an example for comparison of restrictions on one and not another. I don't think it crossed his mind it would backfire on him. |
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08/23/2005 04:25:18 PM · #9 |
Originally posted by Alienyst: ...Did you mean 'Who did you tick off anyway?'... |
Yep - 'Who' is what I meant...
Originally posted by Alienyst: Never been in trouble with the law although they think I am strange for wanting to put apples in a traffic light for the Apple challenge... |
Big grin! ;^) |
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08/23/2005 05:45:52 PM · #10 |
Wow! What a wonderful example of mis-guided government (again)!
Sorry to hear your tale of woe, CJ!
Which politician in town has a spouse about to open a gallery, do you think?
Are you, by chance, on a well-traveled road? I'm thinking you should contact some of the challengers for the next election and discuss their views on the issue--those who agree can put their election signs on your lawn---as many as they want! =0 |
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