HomeMy WebLinkAboutS-0347-A Staff AnalysisMarch 12, 1985
SUBDIVISIONS
Item No. B
NAME:
LOCATION:
DEVELOPER:
Joe De Palo
#4 River Mountain Road
Little Rock, AR 72211
Hilltop Subdivision Preliminary
of Plot 2, Country Homes
Addition
North side of River Mountain,
Rodney Parham & Highway 10
ENGINEER:
Mehlburger, Tanner &
Associates
P.O. Box 3837
Little Rock, AR 72203
375-5331
AREA: 5.013 acres NO. OF LOTS: 19 FT. NEW STREET: 690
ZONING: 11R-2"
PROPOSED USES:
Single Family
VARIANCES REQUESTED:
None.
A. Site History
The site was before the Commission on
December 18, 1984, for PRD approval of a condominium
project. The application was denied.
B. Existing Conditions
The land involved currently has one single family frame
residence on the site. Elevations range from 525 to
5701. Scattered trees and other vegetation are
apparent. The area consists of large lots, single
family, except for a church to the south of the site.
"OS" strip serves as a buffer area between the church
and the property.
C. Development Proposal
This is a proposal to develop 5.013 acres into 19 lots
for single family development, with 690 feet of new
streets. The average lot size is approximately
11,486 square feet and the minimum is 7,350 square
feet.
March 12, 1985
SUBDIVISIONS
Item No. B - Continued
D. Engineering Comments
1. Improve River Mountain Road to minor arterial
standards. River Mountain Road and the
right-of-way is controlled by A.H.T.D.; discuss
street and drainage plans with them.
2. Submit internal drainage and detention plan;
discuss plan with Mike Batie, 371-4861.
E. Analysis
Technically, the proposal meets the ordinance
requirements. Staff does not oppose the use of the
land.
STAFF RECOMMENDATION:
Approval, subject to comments made.
SUBDIVISION COMMITTEE REVIEW:
The applicant discussed the proposal with the Committee. He
explained that the Bill of Assurance restrictions expired in
1964; the homes would be 1,800 to 2,000 square feet, and the
plan remained open for the Commission's input as to how to
develop the property or what restrictions to place in the
Bill of Assurance.
Staff gave its support of the plat, but stated that both the
Suburban Plan and the recent Corridor Study designates this
area for large lot single family.
The Committee then discussed whether or not this plan
constituted large lot single family. One Committee member
felt that this plan was not in keeping with the character of
the surrounding area. Other Committee members requested
that an alternate plan with a mid -rise overlooking the
River be submitted. They felt that such a plan reviewed
under the PUD process would maintain the existing frontage
and visual quality of the area.
The applicant was advised that the Commission's
responsibility was to assess the overall impact of the
proposal to the entire area, not only the site. They felt
that whatever development occurs on this site would set a
precedent and have a significant impact on how the entire
hillside will be developed.
March 12, 1985
SUBDIVISIONS
Item No. B - Continued
"PLANNING COMMISSION ACTION: (2-12-85)
The applicant, Mr. Joe DePalo, was present. He was
accompanied by Mr. Joe Kemp, his attorney, and Mr. Don
Chambers, the architech. An alternative plan showing a
mid -rise was presented, as was requested by the Subdivision
Committee. Mr. Chambers explained that his client was
attempting to use his property to its highest and best use.
They felt that the highest and best use was once large lot
residential, but since development of the church, it is now
a dense residential use. He also explained that the
property could contain 25 lots, but he only proposed 19. If
the mid -rise were to be considered as a PUD, it was
requested that the single family plat be continued until the
PUD was approved or denied.
Mr. Chambers further explained that the proposed plan
included homes of 1800 to 2000 square feet at a cost of
$150,000 to $200,000;=and that his client's general feeling
was that the total environment of the property would change
due to the intrusion of the church, which was a
nonresidential use. He stated this proposal only
represented an attempt to buffer the office use by a higher
residential use.
Mr. DePalo then explained his position. He had acquired the
property in 1981 and was advised that the corridor was
subject to be changed, but that "R-2" would be the
prevailing use. At the time, he was unaware that a church
could be built in the area. When the church was considered
by the Commission, he asked his neighbors to join him
opposing it; but they didn't. He then proceeded to pass
pictures around illustrating the damaging effects of the
church. He stated that he was a landowner within the law
who had the right to develop his property. He assured the
Commission that he intended to reside on the land and that
his approach was not that of vengeance. He mentioned that
Mr. Darragh had made what he considered to be a "hollow
gesture" to purchase his property.
Mr. Herb Rule represented the property owners to the east.
He felt that the proposal was not in keeping with the
neighborhood and that his clients had tried unsuccessfully
to work with DePalo. He stated that there was a sign up for
8 to 10 years on the church property before Mr. DePalo
bought the church property advertising the construction of a
church and that during Commission review, the church was
required to leave two acres and green space as a protective
buffer for Mr. DePalo.
March 12, 1985
SUBDIVISIONS
Item No. B - Continued
Mr. Darragh agreed that he was asked by Mr. DePalo to oppose
the church. He explained that he couldn't since the
residents to the east knew that a church would be built and
preferred this to a commercial or office use. He assured
the Commission that if he bought DePalo's property, it would
remain large lot single family.
Mr. DePalo spoke again. He questioned whether or not his
neighbors to the east should have been knowledgeable about
the "R-2" zoning, just as he was expected to be
knowledgeable about the church in an "R-2" zone.
Mr. Rule stated that the property should be zoned "R-1,'
instead of "R-2." He felt that "R-2" was an insult to the
property.
The Commission discusseq the item. Several Commissioners
had mixed feelings about the development since it was
realized that Mr. DePalo had the right to develop his
property. On the other hand, a proposal of 19 or 20 lots
would be a drastic departure from what was existing, and the
neighbors also had the right not to have their entire
environment totally uprooted. It was explained that the
Commission's duty was to consider not only this site but
what was fair on both sides and what was beneficial for the
community at -large. The Commission felt that what happened
on this property determined how the entire hillside would be
developed. Mr. DePalo was asked to defer the item for 30
days and work out a solution with abutting property owners.
Mr. DePalo stated that he resented the fact that he was
within the law and still had to compromise on a right that
he is entitled to enjoy. He felt that there must be some
question that right existed. Finally, he agreed to defer
for 30 days and work out a solution with his neighbors. A
motion to this effect was made and passed by a vote of
9 ayes, 0 noes and 2 absent.
SUBDIVISION COMMITTEE REVIEW: (2-28-85)
There was no review of this item.
Water Works - An 8 inch watermain extension will be
required.
March 12, 1985
SUBDIVISIONS
Item No. B - Continued
LANNING COMMISSION ACTION: (3-12-85)
A motion for a 30-day deferral, as requested by the
applicant, was made and passed by a vote of: 10 ayes,
0 noes and 1 absent.
February 12, 1985
SUBDIVISIONS
Item No. 3
NAME:
Hilltop Subdivision Preliminary
of Plot 2, Country Homes
Addition
LOCATION: North side of River Mountain,
Rodney Parham & Highway 10
DEVELOPER: ENGINEER:
Joe De Palo
#4 River Mountain Road
Little Rock, AR 72211
Mehlburger, Tanner &
Associates
P.O. Box 3837
Little Rock, AR 72203
375-5331
AREA: 5.013 acres NO. OF LOTS: 19 FT. NEW STREET: 690
ZONING: "R-2"
PROPOSED USES: Single Family
VARIANCES REQUESTED:
None.
A. Site History
The site was before the Commission on
December 18, 1984, for PRD approval of a condominium
project. The application was denied.
B. Exsiting Conditions
The land involved currently has one single family frame
residence on the site. Elevations range from 525 to
5701. Scattered trees and other vegetation are
apparent. The area consists of large lots, single
family, except for a church to the south of the site.
"OS" strip serves as a buffer area between the church
and the property.
C. Development Proposal
This is a proposal to develop 5.013 acres into 19 lots
for single family development, with 690 feet of new
streets. The average lot size is approximately
11,486 square feet and the minimum is 7,350 square
feet.
February 12, 1985
SUBDIVISIONS
i 9/• .. / i.• •it /
1. Improve River Mountain Road to minor arterial
standards. River Mountain Road and the
right-of-way is controlled by A.H.T.D.; discuss
street and drainage plans with them.
2. Submit internal drainage and detention plan;
discuss plan with Mike Batie, 371-4861.
E. Analysis
Technically, the proposal meets the ordinance
requirements. Staff does not oppose the use of the
land.
FW e) 41414.0 DEW CGRIJ
Approval, subject to comments made.
The applicant discussed the proposal with the Committee. He
explained that the Bill of Assurance restrictions expired in
1964; the homes would be 1800-2000 sq. ft. and the plan
remained open for the Commission's input as to how to
develop the property or what restrictions to place in the
Bill of Assurance.
Staff gave its support of the plat, but stated that both the
Suburban Plan and the recent corridor study designates this
area for large -lot single family.
The Committee then discussed whether or not this plan
constituted large -lot single family. One Committee member
felt that this plan was not in keeping with the character of
the surrounding area. Other Committee members requested
that an alternate plan with a mid -rise overlooking the
river, be submitted. They felt that such a plan reviewed
under the PUD process would maintain the existing frontage
and visual quality of the area.
The applicant was advised that the Commission's
responsibility was to assess the overall impact of the
proposal to the entire area, not only the site. They felt
that whatever development occurs on this site, would set a
precedent and have a significant impact on how the entire
hillside will be developed.
February 12, 1985
SUBDIVISIONS
Item No. 3 - Continued
�LANNING
COMMISSION ACTION:
1%
The applicant, Mr. Joe DePalo, was present. He was
accompanied by Mr. Joe Kemp, his attorney, and Mr. Don
Chambers, the architect. An alternative plan showing a
mid -rise was presented, as was requested by the Subdivision
Committee. Mr. Chambers explained that his client was
attempting to use his property to its highest and best use.
They felt that the highest and best use was once large lot
residential, but since development of the church, it is now
a denser residential use. He also explained that the
property could contain 25 lots, but he only proposed 19. If
the mid -rise were to be considered as a PUD, it was
requested that the single family plat be continued until the
PUD was approved or denied. -
Mr. Chambers further explained that the proposed plan
included homes of 1800 to 2000 square feet at a cost of
$150,000 to $200,000; and that his client's general feeling
was that the total environment of the property would change
due to the intrusion -of the church, which was a
nonresidential use. He stated this proposal only
represented an attempt to buffer the office use by a higher
residential use.
Mr. DePalo then explained his position. He had acquired the
property in 1981 and was advised that the corridor was
subject to be changed, but that "R-2" would be the
prevailing use. At the time, he was unaware that a church
could be built in the area. when the church was considered
by the Commission, he asked his neighbors to join him
opposing it; but they didn't. He then proceeded to pass
pictures around illustrating the damaging effects of the
church. He stated that he was a landowner within the law
who had the right to develop his property. He assured the
Commission that he intended to reside on the land and that
his approach was not that of vengeance. He mentioned that
Mr. Darragh had made what he considered to be a "hollow
gesture" to purchase his property.
Mr. Herb Rule represented the property owners to the east.
He felt that the proposal was not in keeping with the
neighborhood and that his clients had tried unsuccessfully
to work with DePalo. He stated that there was a sign up for
8 to 10 years on the church property before Mr. DePalo
bought the church property advertising the construction of a
church and that during Commission review, the church was
required to leave two acres and green space as a protective
buffer'for Mr. DePalo.
February 12, 1985
SUBDIVISIONS
Item No. 3 - Continued
Mr. Darragh agreed that he was asked by Mr. DePalo to oppose
the church. He explained that he couldn't since the
residents to the east knew that a church would be built and
preferred this to a commercial or office use. He assured
the Commission that if he bought DePalo's property, it would
remain large lot single family.
Mr. DePalo spoke again. He questioned whether or not his
neighbors to the east should have bee.n knowledgeable about
the "R-2" zoning, just as he was expected to be
knowledgeable about the church in an 11R-2" zone.
Mr. Rule stated that the property should be zoned "R-1,'
instead of "R-2." He felt that "R-2" was an insult to the
property.
The Commission discussed the item. Several Commissioners
had mixed feelings about the development since it was
realized that Mr. DePalo had the right to develop his
property. On the other hand, a proposal of 19 or 20 lots
would be a drastic departure from what was existing, and the
neighbors also had*the right not to have their entire
environment totally uprooted. It was explained that the
Commission's duty was to consider not only this site but
what was fair on both sides and what was beneficial for the
community at -large. The Commission felt that what happened
on this property determined how the entire hillside would be
developed. Mr. DePalo was asked to defer the item for 30
days and work out a solution with abutting property owners.
Mr. DePalo stated that he resented the fact that he was
within the law and still had to compromise on a right that
he is entitled to enjoy. He felt that there must be some
question that right existed. Finally, he agreed to defer
for 30 days and work out a solution with his neighbors. A
motion to this effect was made and passed by a vote of
9 ayes, 0 noes and 2 absent.
April 9, 1985
SUBDIVISIONS
Item No. A
NAME:
LOCATION:
DEVELOPER:
Joe De Palo
#4 River Mountain Road
Little Rock, AR 72211
Hilltop Subdivision Preliminary
of Plot 2, Country Homes
Addition
North side of River Mountain,
Rodney Parham & Highway 10
ENGINEER:
Mehlburger, Tanner &
Associates
P.O. Box 3837
Little Rock, AR' 72203
375-5331
AREA: 5.013 acres NO. OF LOTS: 19 FT. NEW STREET: 690
ZONING: "R-2"
PROPOSED USES: Single Family
VARIANCES REQUESTED:
None.
A. Site Histor
The site was before the Commission on
December 18, 1984, for PRD approval of a condominium
project. The application was denied.
B. Existinq Conditions
The land involved currently has one single family frame
residence on the site. Elevations range from 525 to
570'. Scattered trees and other vegetation are
apparent. The area consists of large lots, single
family, except for a church to the south of the site.
"OS" strip serves as a buffer area between the church
and the property.
C. Development Proposal
This is a proposal to develop 5.013 acres into 19 lots
for single family development, with 690 feet of new
streets. The average lot size is approximately
11,486 square feet and the minimum is 7,350 square
feet.
April 9, 1985
SUBDIVISIONS
Item No. A - Continued
D. Engineering Comments
1. Improve River Mountain Road to minor arterial
standards. River Mountain Road and the
right-of-way is controlled by A.H.T.D.; discuss
street and drainage plans with them.
2. Submit internal drainage and detention plan;
discuss plan with Mike Batie, 371-4861.
E. Analysis
Technically, the proposal meets the ordinance
requirements. Staff does not oppose the use of the
land.
STAFF RECOMMENDATION:
Approval, subject to comments made.
SUBDIVISION COMMITTEE REVIEW:
The applicant discussed the proposal with the Committee. He
explained that the Bill of Assurance restrictions expired in
1964; the homes would be 1,800 to 2,000 square feet, and the
plan remained open for the Commission's input as to how to
develop the property or what restrictions to place in the
Bill of Assurance.
Staff gave its support of the plat, but stated that both the
Suburban Plan and the recent Corridor Study designates this
area for large lot single family.
The Committee then discussed whether or not this plan
constituted large lot single family. One Committee member
felt that this plan was not in keeping with the character of
the surrounding area. Other Committee members requested
that an alternate plan with a mid -rise overlooking the
River be submitted. They felt that such a plan reviewed
under the PUD process would maintain the existing frontage
and visual quality of the area.
The applicant was advised that the Commission's
responsibility was to assess the overall impact of the
proposal to the entire area, not only the site. They felt
that whatever development occurs on this site would set a
precedent and have a significant impact on how the entire
hillside will be developed.
April 9, 1985
SUBDIVISIONS
Item No. A - Continued
PLANNING COMMISSION ACTION: (2-12-85)
The applicant, Mr. Joe DePalo, was present. He was
accompanied by Mr. Joe Kemp, his attorney, and Mr. Don
Chambers, the architech. An alternative plan showing a
mid -rise was presented, as was requested by the Subdivision
Committee. Mr. Chambers explained that his client was
attempting to use his property to its highest and best use.
They felt that the highest and best use was once large lot
residential, but since development of the church, it is now
a dense residential use. He also explained that the
property could contain 25 lots, but he only proposed 19. If
the mid -rise were to be considered as a PUD, it was
requested that the single family plat be continued until the
PUD was approved or denied.
Mr. Chambers further explained that the proposed plan
included homes of 1800 to 2000 square feet at a cost of
$150,000 to $200,000; and that his client's general feeling
was that the total environment of the property would change
due to the intrusion of the church, which was a
nonresidential use. He stated this proposal only
represented an attempt to buffer the office use by a higher
residential use.
Mr. DePalo then explained his position. He had acquired the
property in 1981 and was advised that the corridor was
subject to be changed, but that "R-2" would be the
prevailing use. At the time, he was unaware that a church
could be built in the area. When -the church was considered
by the Commission, he asked his neighbors to join him
opposing it; but they didn't. He then proceeded to pass
pictures around illustrating the damaging effects of the
church. He stated that he was a landowner within the law
who had the right to develop his property. He assured the
Commission that he intended to reside on the land and that
his approach was not that of vengeance. He mentioned that
Mr. Darragh had made what he considered to be a "hollow
gesture" to purchase his property.
Mr. Herb Rule represented the property owners to the east.
He felt that the proposal was not in keeping with the
neighborhood and that his clients had tried unsuccessfully
to work with DePalo. He stated that there was a sign up for
8 to 10 years on the church property before Mr. DePalo
bought the church property advertising the construction of a
church and that during Commission review, the church was
required to leave two acres and green space as a protective
buffer for Mr. DePalo.
April 9, 1985
SUBDIVISIONS
Item No. A - Continued
Mr. Darragh agreed that he was asked by Mr. DePalo to oppose
the church. He explained that he couldn't since the
residents to the east knew that a church would be built and
preferred this to a commercial or office use. He assured
the Commission that if he bought DePalo's property, it would
remain large lot single family.
Mr. DePalo spoke again. He questioned whether or not his
neighbors to the east should have been knowledgeable about
the "R-2" zoning, just as he was expected to be
knowledgeable about the church in an "R-2" zone.
Mr. Rule stated that the property should be zoned "R-1,'
instead of "R-2." He felt that "R-2" was an insult to the
property.
The Commission discussed the item. Several Commissioners
had mixed feelings about the development since it was
realized that Mr. DePalo had the right to develop his
property. On the other hand, a proposal of 19 or 20 lots
would be a drastic departure from what was existing, and the
neighbors also had the right not to have their entire
environment totally uprooted. It was explained that the
Commission's duty was to consider not only this site but
what was fair on both sides and what was beneficial for the
community at -large. The Commission felt that what happened
on this property determined how the entire hillside would be
developed. Mr. DePalo was asked to defer the item for 30
days and work out a solution with abutting property owners.
Mr. DePalo stated that he resented the fact that he was
within the law and still had to compromise on a right that
he is entitled to enjoy. He felt that there must be some
question that right existed. Finally, he agreed to defer
for 30 days and work out a solution with his neighbors. A
motion to this effect was made and passed by a vote of
9 ayes, 0 noes and 2 absent.
SUBDIVISION COMMITTEE REVIEW: (2-28-85)
There was no review of this item.
Water Works - An 8 inch watermain extension will be
required.
April 9, 1985
SUBDIVISIONS
Item No. A - Continued
PLANNING COMMISSION ACTION: (3-12-85)
A motion for a 30-day deferral, as requested by the
applicant, was made and passed by a vote of: 10 ayes,
0 noes and 1 absent.
SUBDIVISION COMMITTEE REVIEW:
There was no further review of the item.
LANNING COMMISSION ACTION:
Staff reported that a letter was received by the applicant
that requested a 30-day deferral. A motion for approval was
made and passed by a vote of: 9 ayes, 0 noes and 2 absent.
May 14, 1985
SUBDIVISIONS
Item No. A - File No. 374-A
NAME:
Hilltop Subdivision Preliminary
of Plot 2, Country Homes
Addition
LOCATION: North side of River Mountain,
Rodney Parham & Highway 10
DEVELOPER: ENGINEER:
Joe De Palo Mehlburger, Tanner &
#4 River Mountain Road Associates
Little Rock, AR 72211 P.O. Box 3837
Little Rock, AR 72203
375-5331
AREA: 5.013 acres NO. OF LOTS: 19 FT. NEW STREET: 690
ZONING: "R-2"
PROPOSED USES:
Single Family
VARIANCES REQUESTED:
None.
A. Site Histor
The site was before the Comm-ission on
December 18, 1984, for PRD approval of -a condominium
project. The application was denied.
B. Existing Conditions
The land involved currently has one single family frame
residence on the site. Elevations range from 525' to
5701. Scattered trees and other vegetation are
apparent. The area consists of large lots, single
family, except for a church to--the-south of the site.
"OS" strip serves as a buffer area between the church
and the property.
C. Development Proposal
This is a proposal to develop 5.013 acres into 19 lots
for single family development, with 690 feet of new
streets. The average lot size is approximately
11,486 square feet and the minimum is 7,350 square
feet.
May 14, 1985
SUBDIVISIONS
Item No. A - Continued
D. Engineering Comments
1. Improve River Mountain Road to minor arterial
standards. River Mountain Road and the
right-of-way is controlled by A.H.T.D.; discuss
street and drainage plans with them.
2. Submit internal drainage and detention plan;
discuss plan with Mike Batie, 371-4861.
E. Analysis
Technically, the proposal meets the ordinance
requirements. Staff does not oppose the use of the
land.
STAFF RECOMMENDATION:
Approval, -subject to comments made.
SUBDIVISION COMMITTEE REVIEW:
The applicant discussed the proposal with the Committee. He
explained that the Bill of Assurance restrictions expired in
1964; the homes would be 1,800 to 2,000 square feet, and the
plan remained open for the Commission's input as to how to
develop the property or what restrictions to place in the
Bill of Assurairee.-_
Staff gave its support of the plat, but stated that both the
Suburban Plan and the recent Corridor Study designates this
area for large lot single family.
The Committee then discussed whether or not this plan
constituted large lot single family. One Committee member
felt that this plan was not in keeping with the character of
the surrounding area. Other Committee members requested
that an alternate —plan with a mid -rise overlooking the
River be submitted. They f-e'lt that such a plan reviewed
under the PUD process would maintain the existing frontage
and visual quality of the area.
The applicant was advised that the Commission's
responsibility was to assess the overall impact of the
proposal to the entire area, not only the site. They felt
that whatever development occurs on this site would set a
precedent and have a significant impact on how the entire
hillside will be developed.
May 14, 1985
SUBDIVISIONS
Item No. A - Continued
PLANNING COMMISSION ACTION: (2-12-85)
The applicant, Mr. Joe DePalo, was present. He was
accompanied by Mr. Joe Kemp, his attorney, and Mr. Don
Chambers, the architech. An alternative plan showing a
mid -rise was presented, as was requested by the Subdivision
Committee. Mr. Chambers explained that his client was
attempting to use his property to its highest and best use.
They felt that the highest and best use was once large lot
residential, but since development of the church, it is now
a dense residential use. He also explained that the
property could contain 25 lots, but he only proposed 19. If
the mid -rise were to be considered as a PUD, it was
requested that the single family plat be continued until the
PUD was approved or denied.
Mr. Chambers further explained that the proposed plan
included homes of 1800 to 2000 square feet at a cost of
$150,000 to $200,000; and that his client's general feeling
was that the total environment of the property would change
due to the intrusion of the church, which was a
nonresidential use. He stated this proposal only
represented an attempt to buffer the office use by a higher
residential use.
Mr. DePalo then explained his position. He had acquired the
property in 1981 and was advised that the corridor was
'sub-}e-ct to be changed, but that "R-2" would be the
prevailing use. At the time, he was unaware that a church
could be built in the area. When the church was considered
by the Commission, he asked his neighbors to join him
opposing it; but they didn't. He then proceeded to pass
pictures around illustrating the damaging effects of the
church. He stated that he was a landowner within the law
who had the right to develop his property. He assured the
Commission that he intended to reside on the land and that
—pis approach was not that of vengeance. He mentioned that
Mr. Darragh had made what he considered to be a "hollow
gesture" to purchase his property.
Mr. Herb Rule represented the property owners to the east.
He felt that the proposal was not in keeping with the
neighborhood and that his clients had tried unsuccessfully
to work with DePalo. He stated that there was a sign up for
8 to 10 years on the church property before Mr. DePalo
bought the church property advertising the construction of a
church and that during Commission review, the church was
required to leave two acres and green space as a protective
buffer for Mr. DePalo.
May 14, 1985
SUBDIVISIONS
Item No. A - Continued
Mr. Darragh agreed that he was asked by Mr. DePalo to oppose
the church. He explained that he couldn't since the
residents to the east knew that a church would be built and
preferred this to a commercial or office use. He assured
the Commission that if he bought DePalo's property, it would
remain large lot single family.
Mr. DePalo spoke again. He questioned whether or not his
neighbors to the east should have been knowledgeable about
the "R-2" zoning, just as he was expected to be
knowledgeable about the church in an "R-2" zone.
Mr. Rule stated that the property should be zoned "R-1,'
instead of "R-2." He felt that "R-2" was an insult to the
property.
The Commission discussed the item. Several Commissioners
had mixed feelings about the development since it was
realized that Mr. DePalo had the right to develop his
property. On the other hand, a proposal of 19 or 20 lots
would be a drastic departure from what was existing, and the
neighbors also had the right not to have their entire
environment totally uprooted. It was explained that the
Commission's duty was to consider not only this site but
what was fair on both sides and what was beneficial for the
community at -large. The Commission felt that what happened
on this property determined how the entire hillside would be
developed. Mr. DePalo was asked to defer the item for 30
days and work out a solution with abutting property owners.
Mr. DePalo stated that he resented the fact that he was
within the law and still had to compromise on a right that
he is entitled to enjoy. He felt that there must be some
question that right existed. Finally, he agreed to -defer
for 30 days and work out a solution with his neighbors. A
motion to this effect was made and passed by a vote of
9 ayes, 0 noes and 2 absent.
SUBDIVISION COMMITTEE REVIEW:
(2-28-85)
There was no review of this item.
Water Works - An 8 inch watermain extension will be
required.
May 14, 1985
SUBDIVISIONS
Item No. A - Continued
PLANNING COMMISSION ACTION:
(3-12-85)
A motion for a 30-day deferral, as requested by the
applicant, was made and passed by a vote of: 10 ayes,
0 noes and 1 absent.
SUBDIVISION COMMITTEE REVIEW:
There was no further review of the item.
PLANNING COMMISSION ACTION:
Staff reported that a letter was received by the applicant
that requested a 30-day deferral. A motion for approval was
made and passed.by a vote of: 9 ayes, 0 noes and 2 absent.
SUBDIVISION COMMITTEE REVIEW; (4-25-85)
There was no further review of the item.
PLANNING COMMISSION ACTION: (5-14-84)
The applicant requested withdrawal of the item. A motion
for approval was made and passed by a vote of: 10 ayes,
0 noes and 1 absent.