WHAT'S TRUE?

The long and the short of it is that more restrictive code trumps all else (UDO 7-2-4(a)). So eventhough a code may allow for trucks to travel all streets that abut their destination, when the Code is specific and more restrictive, it must be followed.

Another way of looking at it would be that maybe there is a Code item that says that 'everyone must be happy' yet somewhere else in the code it says 'if you live in a Sad zone, you shall only be happy if you are accompanied by a clown'. I guess where the confusion could set in is if one thinks its more or less restrictive to find a clown?

In this case, we have Richardson arguing that "truck access to all streets" is more restrictive than "if other points of access are available, you shall use those for commercial access rather than the residential streets." You tell me which you think is MORE restrictive, but my money is on the one that limits access from a residential street. He is right that there is conflicting code, but the code is clear that if there is a conflict, the more restrictive wins. So he kinda neglected to mention that part to Council. I wouldn't say that Richardson is "misrepresenting" information; he may indeed believe that it's more restrictive to allow trucks on every street. My tongue is planted firmly in my cheek.

Sec. 7-2-4. Conflict or inconsistency with other laws, covenants, or deed restrictions.
(a) Relation of this chapter to other regulations. This chapter is not intended to abrogate any other law, ordinance, or regulation. However, where conditions, standards, or requirements imposed by any provision of this chapter are either more restrictive or less restrictive than standards imposed by any other law, ordinance or regulation, the provisions which are more restrictive or which impose higher standards or requirements shall govern.

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[RickeyRules]

A voters' guide to Asheville's Oct. 11 election: Iss. 1 on 10/05/2005

5. City staff have documented several recent cases of developers violating the Unified Development Ordinance. Should these rules be more strictly enforced?

Mayor Charles Worley: "The UDO should always be enforced."

The "ironic" thing about Mayor Worley statement is he was "legal counsel for Greenlife" when "city staff" made all these decisions they didn't have the legal authority to make???

[MayorAsheville]

From: Reid Thompson

Sent: Wednesday, October 17, 2007 10:02 AM

Mayor Bellamy and Council,

"Are there any consequences when staff lies to Council and the public, in a public meeting?  Please, provide documentation, or take action; it's what you've sworn to do when you took your oath of office. Remember?"

"Would you please get Mr. Richardson to provide it in writing? Or does city staff not have to tell the truth? Could someone be pulling strings behind the curtain?"

Reid

[MayorAsheville]

From: Gary Jackson Asheville city manager

Sent: Thursday, October 18, 2007 9:36 PM

Subject: Re: Gary RE: Special interests-

"Referring to the applicable section of the code should be enlightening. See Traffic code section 19.

We are proud of the consistent integrity and honesty shown by Jeff Richardson.

Since you have engaged legal representation you may submit any follow up questions on this and related matters through them to the City Attorney."