Google Fiber Huts in Haskin and West End parks are still invalid and illegal

Hundreds, if not thousands, of SA residents are upset with the city’s blatant flaunting of the rules as regards the Google Fiber huts constructed in Haskin  and West End parks. The city knows they are wrong and are now trying to figure out how to back out. It is obvious to everyone they messed up as now they are discovering multiple sites are inappropriate.

The city has lately been claiming that Google Fiber is exempt from certain rules because it is considered a “utility.” That is a recent claim after resident John Whitsett proved to them they would lose on Zoning when he showed them the Legal document from their own attorney’s “changing the Use” on a Fire station site to allow a Hut.  Finally even if they are a “Utility” they are subject to the hearings for State Parks & Wildlife Code (CPS and City have followed that several times in recent years in Parks) the HDRC  and also in the Unified Development Code (Article IX-Planning Commission Sec. 123-Legal Effect of Master Plan).

Of course if the Planning Commission says no, City Council may vote to override it…..but it still must go to the Commission. So there were still a minimum of 3 hearings that had to be held, and none were. This means that the permits in Haskin and West End are still invalid and illegal. What is to stop any other utility in the future from bringing their lawyers in and saying we are exempt due to these precedents with Google or for that matter anyone since the rule of law has been ignored?

Even with this claim that Google is a utility and not subject to Zoning?…they once again forgot to comply with Sec 123, which says that no public utility, whether publicly or privately owned, shall be constructed or authorized in the city, nor shall any real property be acquired by the city, until and unless the location and extent thereof shall have been submitted to and approved by the commission;

ARTICLE IX. – PLANNING COMMISSION   Sec. 123. – Legal effect of master plan.
“Following the adoption of the master plan by the council, no subdivision, street, park, nor any public way, ground or space, public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in the city, nor shall any real property be acquired by the city, until and unless the location and extent thereof shall have been submitted to and approved by the commission; provided, that, in case of disapproval, the commission shall communicate its reasons to the council, which shall have the power to overrule such disapproval, and, upon such overruling, the council or the appropriate office, department or agency shall have power to proceed.”

To sign the petition and stay up-to-date on this issue visit MakeParksGreatAgain.com.