Attachment 11
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We point out these improperly applied justifications because they are precedent setting. There was a recent proposal for an addition to a similarly situated property and that architect likewise wanted to intrude into the required 5’ setback. Staff advised him that that was a violation of the code. The code was carefully crafted to allow reasonable development on this whole neighborhood of very small lots. We should not be fostering intrusions into the prescribed setbacks, which would make the neighborhood even more crowded. 31922 Virginia Way
Similarly the staff report provides for approval of the applicant’s exceeding the floor area limits in the zoning code, finding that the limit is “inappropriate due to existing neighborhood development patterns.” Yet this lot is larger than most neighboring lots, and no evidence is given that other houses in the neighborhood exceed limits that could be applied to their proposals.
This is an arbitrary finding that doesn’t respect the intent of the zoning code. These floor area limits are one way to prevent over-development on the lots in the Village Community zone.
Approving this justification opens the door to subsequent applicants who may assume the same weak arguments will satisfy the Board when they request larger houses than allowed. There is no reason why the limits can’t be applied in this case. The standard would allow them a large house—3421 sq. ft. They are requesting a special finding so they can exceed that to 3763 sq. ft. This is exactly the kind of proposal for which the standards were written.
Also the Board should consider the safety issues for adding a driveway to 8th Avenue.
This is a very constrained corner, and the access DRB finding cannot be made, especially since the property already has a functional and much safer driveway with access from Virginia Way. 31565 Eagle Rock Way
There are clearly issues with neighborhood compatibility related to the size, bulk , lack of articulation, and severely modern style of this proposal, and we support neighborhood concerns in that regard.
Our overall community commentary relates to the landscape plan and the heritage Red flowering Eucalyptus trees (Corymbia ficifolia) on Eagle Rock that are a community landmark. It is important that the planting be recognized and fostered, and there are gaps in the continuity of the street tree pattern. The landscape plan should provide for planting one of these trees in the public street part of the landscape.
Thank you for responding to these concerns in your deliberations.
Greg O’Loughlin
President
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