09-20-2004 Planning Packet - Laserfiche WebLink

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EXHIBIT No variance has been granted for redevelopment on a 50 ft wide lot on Westlake. Variances for lot width and lot area have been granted when a SO ft lot has been vacated and consolidated prior to or as part of the redevelopment. The approval of this application would be an exception to the City’s action in previous similar applications on Westlake 3. The Reasonable ExpeclalionB for New Dev elopment at 340,348 and 356 Westlake The only remaining SO ft wide two thirds of an acre lots on Westlake reflecting the original platting are at 340,348 and 3S6. All other lots have been expanded by consolidation prior to or in anticipation of redevelopment. Each of these SO ft wide tots is occupied by a home that is livable, and could be remodeled, if desired The decision of the Commission to deny this application will reinforce, encourage and reward the slow, patient and expensive investments made by homeowners redeveloping this block in a way that approaches the requirements of the zoning code. It will reinforce the larger lots and adequate side yards that are emerging as the character of Westlake consistent with the LR-IA District Granting the variance wilt reverse this pattern It will immediately end the opportunity to combine 3S6 with any adjacent lot. And. the prcccdem you will have established will end any incentive to do the hard, expensive and patient work of assembling 340 and 348 and 356 prior to redevelopment The development of these three lots individually and at SO fl in width and with 10 ft side yards, which will surely follow approval of this application, will introduce a very diflerent character to Westlake. A change in character we oppose. The required findings on whether the property in question can be put to a reasonable use. the plight of the landowner, its circumstances unique to this property at 3S6, the eflcct of the variance, if granted, in altering the essential character of the kKality, the finding special conditions apply to the structure or land in question that arc peculiar to such property or immediately adjoining property, the conditions not applying generally to other land or structures in the district in which the land is located, and the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, should be made in the context of the all three of the remaining traditional lots on Westlake The impact of any decision will extend beyond this newly acquired property of the Fitzpatricks. Approval of the requested variances cflectively represents a rezoning of 356, and by the extremely attractive precedent it creates, 340 and 348, to the LR-IC district and a windfall to those individual owners. We oppose this fundamental change in the rules and property rights that have applied to ail other redeveloped and anticipated to be redeveloped properties on Westlake 4. The RcasofiaMc Rcdcvelopiiimt of 356 Westlake A Effective south side yard is not increased but is reduced Technically, the minimum south side yard is 8.2 ft This occurs along 6 6 ft of the south side of the home, and is in the form of an elevated planter area and a very small greenhouse that cominues the slant of t^e mansard roof, see photos one and two The remaining 39 ft of this 4S ft long home, the ^11 of the house, presemly provides an approximately 12 ft setback from the south property line. It is true that while 13% of the setback area will increased by the proposed plan. 87% of the present setback on this side will be reduced, not improved. And, the