In 1999 Bill and I stumbled onto this property and discovered our future home called ‘Little Lake Hill’. It was given this name by Nancy and John Ferguson in 1932 when they set up residence here. When we first walked down the lower drive way, there was a shallow pond on the left and the potential for gardens everywhere. While the terraced hills were overgrown with weeds and the house barely visible, when I saw the first stone wall I said, “Bill, let’s buy this place!” He said, “You don’t know how much it costs, you haven’t seen the house and it looks large … what are you going to DO with such a LARGE house?” My response was, “Have house concerts.”  “What are house concerts?” he replied. Three days later we bought the house and the rest is history.  
Here we are 10 years later with having 90 shows within our home. Never did I dream of the support from the community and the chemistry they would creat for the incredible musicians that came to our home. The moments were magical and there were many of them. The 90 shows, the thousands of friends that came together made LLH & Raleigh recognized by musicians world-wide as one of the best house concert venues in the US – and that history of music & arts & friendships within our home will live on forever. We are humbled, honored and grateful for the 10 years we’ve have been able to do this house concert series.  
We hope our stewardship of this property – not just preserving its natural beauty – but also challenging the ‘misdirection’ of Raleigh’s bureaucracy as Nancy did by chaining herself to the maple tree in 1980 (see www.littlelakehill.com for the story) when Raleigh wanted to replace one of the most magnificent trees in Raleigh with their vision of a concrete sidewalk. So may that journey be continued with the kindred-spirit of and support of thousands of people who have experienced music to the heart, understood the challenges of opening your home so friends might enjoy so many genres of music and its history – close and personal. Every person we have met, every minute of shuffling furniture, pushing and stacking chairs, every consumption of peanut butter/chocolate chip brownies and food brought by all were worth the effort. Bill and I cannot thank YOU enough for helping make the shows successful and something very special for many.  
We hope the legacy of LLH with Nancy’s legend epic of the ‘Sport Maple’ and our/your journey in the Little Lake Hill House Concert Series will at least create kindred spirit that there are times when disruption in governance are the right thing to do. As we have learned from our involvement with the relocation of the Hatteras Lighthouse, preservation of all the lighthouses in NC, preservation of Bird Island, and hopefully someday, the preservation of the Dix ‘306’ remaining acres of the Dorothea Dix Hospital campus – all are challenges and all will take time but we know the right thing to do. 
We are disheartened that the City of Raleigh is putting restrictions on how many ‘events’ we (and you) can have in your home in a year. Raleigh on the one hand contributes a good amount of tax-payer’s monies to the cultural arts and the Arts Council and they as a city they (and we) are proud to support so many cultural events taking place in the capital city, BUT they are not ready for us a citizens to also play a role. Are our city officials really sure of the repercussion of their ordinances limiting only three events (gatherings) per year in our homes? I would think that Raleigh would want to be a leader of cities that welcome the arts in the homes; but sadly our experience with the city shows a structure of authoritarianism and has ruled that bringing people together with music, art and education in our homes needs to be controlled & limited. A great deal of time and money was spent on our citation and it is unfortunate that the citizens of Raleigh (many of whom have attended the shows here) tax dollars have been spent to limit our outreach both into the community and to the arts. We hope that our city council has listened to the many folks in Raleigh and throughout the world that have written in support of LLH concerts and will allow us to continue hosting these events ….one of the truly unique events that Raleigh had going for it! And many times, over and over I have thanked those of you who attend the shows for bringing your energy, your appreciation of the musicians and your eagerness to learn and share their art… you have grown to know how special it is but you cannot expect a bureaucracy to comprehend – but we can expect our leaders to be sure that the bureaucracy does no harm. Whatever our outcome, always know that it was your support that created a wonderful decade of music and community and we hope that Raleigh will see the need to encourage and not deter the sharing arts & music in our homes.  

I hope that my next posting will be to let you all know that the City of Raleigh has lifted its restriction on the number ‘3’ of allowable ‘events’ in a home per year! BUT don’t count on it!!

Songfully,
Bett

Update March 3, 2010
We received our certified letter on Thursday February 25th. We now have 30 days from that date to appeal to Superior Court. Read more below.

Update February 22, 2010

On Friday, February 19th, we saw the results of the Board of Adjustment Meeting that was held December 14th, 2009. Bill is co-chair of the Wade Avenue Citizens Advisory Council (CAC) and receives notices from the City Clerk. We expect that we will receive our certified letter soon at which time we will have 30 days to appeal to Superior Court should we decide to do so. The minutes of our portion of the meeting take 27 pages. Instead of reading the entire transcript I have highlighted some key points.

Walt Fulcher's statement from the City Inspections Department
Bett's opening
Bett's Statement
Laurie's Support Statement
Bill's Statement (partial)
Mitch Hazouri's opposition
Attorney Jack Nichol's Arguments
Conclusion

In essence, the Board of Adjustments voted to allow the citizens of Raleigh to hold three 24 hour events in our homes at which time we can hold for profit endeavors, create parking nightmares for neighborhoods, Lalapaloozas in our homes (they last three days!)  24 hour concerts---people come and go at different hours to hear different artists---the neighbors will love it!!

We seriously doubt that this is what the City of Raleigh wants to do. We also question whether the City of Raleigh really opposes opening up our homes to the arts. We truly hope that the City will consider a change in the code which will allow citizens to share them homes for the benefit of the community more than three times in a calendar year. We have not decided what we will do in the future. Please check in from time to time to see how time, concerned people and luck will change this.

Update February 11, 2010 Board of Adjustments Minutes from December 14th hearing. This has not been concluded yet. The attorney is still working on writing up the results of our case. Keep checking in!

For those of you who are new to what has been going on, click on the picture.
FREE LITTLE LAKE HILL!!! We are so grateful for the outpouring of support of those who have attended shows and the public who are concerned that our rights as citizens and our first amendment have been violated. If you haven't heard that the City of Raleigh has cited us for being a 'prima facie business' for having house concerts in our home, keep on reading.
     Our hearing before Raleigh's Board of Adjustments was Monday, December 14th. After 2 1/2 hours of discussion the board found us to be a Prima Facie Business (perhaps the only one in Raleigh--we are unique!)  mplaint’ really wasn’t a ‘Complaint’ read more here and to read about thl. We will get our letter of ruling sometime mid-January at which time we have 30 days to appeal to Superior Court. We will keep updates on the welcome page of the website and also on the house concert link so keep checking in if you are curious. There are other house concert series in the country who are in the process of appeal to the Federal Court. Visit here to learn about a house concert series in Boulder Colorado---wow---they can have TWELVE EVENTS in a year----lucky, aren't they? We're limited to THREE! Here's one about a house concert series in O'Hara Pennsylvania. Cindy and Rick have set up a legal defense fund to help them fray the exorbitant cost of fighting for their rights.
Songs have been written about the plight of house concerts. Here are two....I hope to garner more and if there are enough to produce a CD to help defray legal costs so that concerts can continue around the country we will keep you posted!

Many thanks to Kathy Moser for sharing her song, Music Right Next Door to help the folks in O'Hara Pennsylvania who continue their struggle to host shows. Please check out her website to learn more about her and her passion for environmental and other issues.
To recap the conclusion of the hearing:
Thank you to all of you who took time from your schedules, from work, and other activities to be present for the hearing. We appreciate your support tremendously and all of your kind words at the outcome.

Here is a statement from the City of Raleigh's zoning department:
"In Summary: 

• House concerts are prohibited in R-4 zoning districts based on being a prima facia business and the code does not specifically allow house concerts.
• The concerts are a way to advertise and market Ms. Padgett’s business of teaching guitar and the music label.
• The temporary event provision allows (3) one day concerts per calendar year without complying with the code requirements.
• Based on the size and frequency of the events the use is not compatible with a single family neighborhood.
• The schedule of permitted land use chart in the code requires other locations that charge a fee for music concerts such as nightclubs and concert halls to be in commercial zoning districts
• To change the number of temp. events allowed would require a code change which is not under the authority of the board.

I would ask the board to uphold the Zoning Administrator’s interpretation of this code section of a  house concert being a prima facia business. If the interpretation is reverse it will allow any number of concerts to be held from residential zoning districts through out the entire city not just this location.

not permit concerts in residential zoning districts and the caller made an anonymous complaint of 1213 Dixie Tr. An inspection was made and a notice of violation was issued of Raleigh Zoning Code Section 10-2017(c), prohibited uses, “Any use of prima facia business, commercial, or industrial character not otherwise specifically allowed in the District.” And RCC 10-2072 Home Occupational use permit. After further investigation the property owner also maintains a recording studio and sells CD’s from the home in violation of the code. "

The City tried to prove that:
We were selling tickets to the house concerts. Fact: we ask for donations to help the musicians recover their expenses. Sometimes people do not contribute, and sometimes they contribute MORE than the suggested donation.

I was hosting house concerts for the sole purpose of promoting my business as a music teacher. Fact: this simply is not true.

I require my students to attend the shows. Fact: this simply is not true.

I have a recording studio and sell CDs. Fact: my recording studio is a box that is ~ 6 inches high and 2 inches wide which is hooked up to a laptop computer and a microphone. I use it primarily to record MP3s for my students to practice with. I give away CDs as gifts and sell very few. I don't promote myself very much. Music is something I enjoy sharing.

In the summary they say, "Based on the size and frequency of the events, etc"...when we met with the zoning staff in October the issue of size and exchange of money was irrelevant.

The Board of Adjustments concurred that I am NOT running a business of any kind here, but ruled on the exact interpretation of the citing rather than in the spirit of the law. So, they found us to, at first glance (meaning of prima facie) we look like a business, although we AREN'T one. Thus, we are limited to 3 concerts per calendar year.    

Click here to read letters written by artists and citizens in support of allowing us to continue having the shows....more than three (3) per calendar year. The word has spread across the U.S.---even the world and notarized letters are pouring in. We aren't sure where this is going next, perhaps a change in the city's code, or perhaps an appeal to higher court. We'll keep you posted! AND, thank you to all who have helped by writing letters, writing blogs, writing ON blogs, signing petitions, taking your time to come to the hearing...we had a great number of supporters with us! Thank you all!