Another Zoning Challenge
September 12, 2007 | Development
In our April article entitled "Englewood’s
Building Boom," we pointed out that there is
currently in Englewood "considerable economic
pressure from private developers for more dense
multi-family development in single-family
zones." A particularly egregious example of this
pressure is the case recently filed with the
Board of Adjustment requesting a variance to
build 32 townhouse units on the property at 45
Dwight Place, which is zoned for single-family
residences. A public hearing on this proposal is
scheduled for September 20.
The developer making the application, Aram Minnetian, successfully developed (and now lives in) the nearby Lexington Court townhouse complex on property where the Marriott Corporation had hoped to build a large assisted living facility. Marriott was only thwarted after several years of tenacious opposition by the City of Englewood and neighboring property owners, and those involved were eager to finally settle on a reasonable alternative. Accordingly Minnetian requested and was granted a zoning change permitting townhouse development in what had been a single-family zone. In the case of 45 Dwight Place he has not requested such a zoning change, probably because he knows it would be denied. Instead, he has chosen to ask the Board of Adjustment to grant a variance from the zoning.
Howard Stotsky, a neighboring homeowner, has been monitoring Minnetian’s plans for two years. All eight of the existing condo owners have agreed to sell their units to Minnetian, conditional on him getting approval for his plans. Now that those plans have been officially filed with the City, Stotsky is organizing opposition to them in the community, including the retention of an attorney.
The Board of Adjustment could decline to hear the case, on the grounds that only the City Council can grant a zoning change. Alternatively it could advise the applicant that his application does not meet the criteria required for a variance. The Englewood Report feels strongly that our citizen boards have an obligation to uphold the zoning law, and should not seriously consider proposals of this nature which flagrantly violate that law. If there is any chance that this proposal could be approved, then no single-family neighborhood in Englewood would be safe, and the Board would likely be overwhelmed with similar projects. Our citizens should not have to hire lawyers to protect their neighborhoods; that is what the boards are for.
The developer making the application, Aram Minnetian, successfully developed (and now lives in) the nearby Lexington Court townhouse complex on property where the Marriott Corporation had hoped to build a large assisted living facility. Marriott was only thwarted after several years of tenacious opposition by the City of Englewood and neighboring property owners, and those involved were eager to finally settle on a reasonable alternative. Accordingly Minnetian requested and was granted a zoning change permitting townhouse development in what had been a single-family zone. In the case of 45 Dwight Place he has not requested such a zoning change, probably because he knows it would be denied. Instead, he has chosen to ask the Board of Adjustment to grant a variance from the zoning.
Howard Stotsky, a neighboring homeowner, has been monitoring Minnetian’s plans for two years. All eight of the existing condo owners have agreed to sell their units to Minnetian, conditional on him getting approval for his plans. Now that those plans have been officially filed with the City, Stotsky is organizing opposition to them in the community, including the retention of an attorney.
The Board of Adjustment could decline to hear the case, on the grounds that only the City Council can grant a zoning change. Alternatively it could advise the applicant that his application does not meet the criteria required for a variance. The Englewood Report feels strongly that our citizen boards have an obligation to uphold the zoning law, and should not seriously consider proposals of this nature which flagrantly violate that law. If there is any chance that this proposal could be approved, then no single-family neighborhood in Englewood would be safe, and the Board would likely be overwhelmed with similar projects. Our citizens should not have to hire lawyers to protect their neighborhoods; that is what the boards are for.
