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VeraCaUSA

INFILL DEVELOPMENT

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Background

Infill Development was incorporated into our City Code by Ordinance in 2010 for the purpose of allowing residential structures to be constructed on lots compatible with the neighborhood which otherwise would be considered non-conforming under the current zoning requirements. 

 

Narrative

Situated within 150' of my residence were in the not to distance past 4 vacant lots; however by revision are now 10 platted lots.  While these revised plats were submitted to and approved by the City before 2010, a developer recently purchased these lots and obtained residential construction permits on these lots last Wednesday,  By Friday, four lots were graded and foundation work will probably start in the morning.  

 

The current zoning requirement for lots in this area as a SF-3 zone requires:

minimum  lot size:10,0000 sq. ft., 

minimum  lot width:  80 ft.  

minimum  lot depth: 100 ft..  

 

9 of the vacant lots                  1 vacant lot

lot size 4,285 sq. ft                     lot size    6,100 sq. ft.

lot width 45 ft.                             lot width   50 ft.

lot depth 95 ft.                            lot depth 122 ft.

 

The previous zoning requirement for lots in this area prior to the current zoning code required

minimum  lot size: 6,000 sq. ft., 

minimum  lot width:  60 ft.  

minimum  lot depth: 100 ft..  

 

Issue

Upon viewing the paperwork submitted for these permits, the developer described the work to be performed as  'Infill development' in his submission to the City.  However, the City Ordinance requires properties to have either been initially platted or transferred by metes and bounds before 1980 in order for a property to qualify as an infill development.  

 

While I have my opinion that the 1980 deed or plat should cite the same legal description given for the current lot in order to qualify, I look forward to hearng your opinion on this matter.  Thank you in advance for your time in reviewing this inquiry and for any responses you may provide.

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My neighborhood had a similar infill issue several years ago when a developer tried to get approval for 14 homes on 2 acres. My neighbors and I banded together and descended upon the planning department to voice our objections at the getgo. The developer ended up building only 9 homes on the 2 acres thanks to our efforts.

 

If you and your neighbors had any objection to all this the time to raise that objection was en masse back when the developer was first submitting his plans and seeking approval.

 

There's nothing you can do about it now.

 

Accept it and move on.

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"By Friday, four lots were graded and foundation work will probably start in the morning."

 

That means it's a done deal.

 

Um, no, it does not. From a practical standpoint, yes. However, with the right set of facts and if the law favors your position, a competent real property attorney could probably convince a court to enjoin further progress until any legal challenges are resolved. Been there, done that. It costs money though, and I have no idea if the law or facts in this instance would be favorable to the poster. But if he/she has money to pay a lawyer to work over the weekend before Christmas, then anything is possible. 

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