The Five Pillars of Effective Government Part 1: Limited Government
Faithful Readers,
Thank you for your patience over the last week as I have been extremely busy with work and have failed to post any new entries over the past 7 days…I hope this short series on Effective Government will make up for my lack of communication and the fact that I cannot tell you anything about the covert op in Libya I have been on for the past few days…
That being said, recently I got to spend some time with a local restaurateur who has a great story about the role city planning commissions and city councils play in business development and the power they wield over local business owners…And though this situation happened about a year ago, it is still a great example of a local government seemingly overstepping its bounds and not reining itself in to limit its authority…
The story goes like this: As an Italian transplant from New York, Danny Falcone came to Oklahoma 15 years ago and a few short years later followed his dream of opening his first New York style pizza restaurant in north Oklahoma City…
In the years following the success of his initial restaurant, Mr. Falcone has expanded into the Bricktown area and Midwest City without incident and to much new business…Each of his restaurants are very successful and all look alike with awnings around the buildings that borrow their colors from the Italian flag – an obvious reference to his proud heritage…
And then there is restaurant Mr. Falcone runs in Edmond - a wealthy suburb just north of Oklahoma City…
The long of the short of it is that according to city of Edmond’s website (starting on page 8) in his original plans for his Edmond restaurant, Mr. Falcone had originally wanted to use burgundy awnings around his business but later changed his mind and instead wanted to go with the awnings that used the Italian flag colors much like his other establishments did…
However, in order to change the awnings, he had to go in front of the Edmond Planning Commission (which, again, according to the city of Edmond’s website is a five member board that is appointed by the mayor and the city council) to get their approval…
That is where Mr. Falcone ran into trouble…
In opposition to this request, “Attorney Lydia Lee with the Edmond Neighborhood Association spoke in opposition to this request indicating that the shopping center had been designed as a group of buildings with the Edmond Depot. They had placed sculptures around the landscaping and water features in the project and that the addition of the canopy would significantly change the architectural character previously approved. The burgundy metal canopy that was approved for the building to house multiple tenants and approval of the proposed change will allow others in this building to change, which will completely affect the architectural character and setting of this area.”
Um, what?
The crux of the argument against the Italian-flag inspired awning is that it would change the architectural character of the building because of the use of multiple colors…And keep in mind, this is nothing more than a strip mall…A nice strip mall, but a strip mall nonetheless…
Subsequently, Mr. Falcone argued that “the canopy represented the Italian flag and his cultural heritage and was being designed to comply with Edmond’s requirements. He indicated it was critical to have the canopy for the investment he was making and the commercial branding associated with the Falcone’s restaurant.”
So what happens? Well, it seems that only three of the five members of the Edmond Planning Commission were present, and his request for a change in awning was denied by a vote of 2-1…
Now you might be thinking, “Okay, Seth, what’s the big deal? He wanted to change the awning, he put in the request, he argued his side, and he lost…What is your point?”
The point is that while it is quite understandable for cities to have their own requirements for buildings and general uniformity of architecture, it is a whole other deal when you as a municipal body begin dictating how a businessman runs his business even though he has done everything in his power to follow the rules that municipality had laid forth….
If you read the entire section of the minutes from this meeting, you will see that Mr. Falcone has literally gone to every length (including renting the empty space next to his restaurant) in order to follow the city code and ordinances laid out…
Yet that is still not enough for this board and for the leader of the Edmond Neighborhood Association who seemed more worried about the building than the businessman who was making his livelihood in that building…It is just colors on an awning, folks!
But the story doesn’t end there…
According to Mr. Falcone, he then had the opportunity to appeal to the Edmond City Council (which he says he did though no record can be found online), and his appeal was again denied…
So what would have changed in this situation if the planning commission employed 3 folks on there who believed in a limited role of government in municipalities?
No one can know for sure, but it could be that because having a limited government means having less government involvement in community issues such as business development, then Mr. Falcone would have been able to put his new awning up, he would have spread the word about how gracious and helpful the city planning commission was, and he could have been worried about more important things – namely further expansion of his restaruant business…
Instead he had to appeal the request denial, figure out how to show of the colors of the Italian flag, and do his best to comply even more to the city planning commission’s ruling against him…
And in conclusion, it frankly a shame to me that Mr. Falcone was not helped by the city planning commission in Edmond, but rather his business was harmed by them…That is very discouraging indeed…
It just shows you how a more limited local government could have been a help to him rather than a hindrance…
S