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Thursday, May 24, 2007

Beautification: OpEd: Traditional Design: Are we Lake Geneva Yet?

The other night at the Traditional Design meeting there was a humorous moment. When discussing the new design ordinance section dealing with "short term rentals," Mr. Schwecke when asked about how this matter rose to the ordinance level, he responded that " This is not a problem now, but in some resort communities---such as Lake Geneva----- where people come and go it is an issue. When asked further why act now, he said that we had to plan for the future..

One of the members said that the ordinance might be helpful when his mother, or even a mother in law might come and visit. One could say that while it would be great if she could stay forever,....but...alas.......there are strict ordinances prohibiting that.

Then Tony Wyse observed that it seemed a little premature to worry about becoming Lake Geneva.....at least till Lake Leota was filled again. These rare moments of humor are very important in city government, and the Observer appreciated it. However...

This ordinance is not being pondered to help us in the event we become like Lake Geneva. It is pure and simple beautification run amuk. There are hundreds of years of common law of landlord and tenant law that weigh in on these matters. Any person who reviews even a stock rental agreement can see the section that defines who the renter is,....so.....


Traditional landlord and tenant law has dealt with this by describing in the renter seciton who is to be considered a member of the rental approved "residents." Usually, as I recall when I rented, the landlord has a discussion with the tenants on who will be in the apartment. Thus....

This ordinance I suggest is an effort to legislate by "beautification" and "design" what is more effectively dealt with in landlord tenant law.

The ordinance addresses imagined and not real urgent needs of Evansville. It was proposed in a less than straightforward manner. It says we want "diverse woodwork" but when families are in transition, we want to have ordinances that impair their ability to help members of their extended family. This is not a proper role of government. It belongs in common law. It belongs between the landlord and the tenant.

Our wonderful city has big tasks before it as it seeks commercial and industrial growth. We need to focus on what is needed and not what might be needed if we would be Lake Geneva. yo.

That is how I see it. And You?

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