QUESTIONS
The following
questions were addressed from the audience:
How your research
is determining that a variance is not needed; was there another variance
needed other than
the setback?
The setback variance
is 60’ from a right of way (ROW) line. Most ROW lines are parallel to a road
way and a specific
setback off the road. The ROW line in our situation is expanded and
triangular shaped and
it is possible that the 60’ setback may be located from a standard offset
from the road (not our
expanded ROW line). The other variance request was for lot size- the
minimum lot size in a
C2 zone is 20,000 square feet and our site is 18,847 square feet.
At our last
meeting, you stated you would send us covenants for our review. Are
they
prepared yet? It
does not appear that anything has changed from the previous meeting.
Unfortunately, they
have not been finalized yet. Our attorney will have something ready for us
in the next 2 weeks
and we will forward them to you for your review.
You had previously
discussed reducing the building size to 3,000 square feet and this plan
shows a 4,000
square foot building. Are you going to reduce the size of the building?
We would consider
reducing the building to a 3,000 square foot size if the financial viability of
the project allows it.
If we receive opposition during the variance hearings, we will have to hire
an attorney and
prepare additional plans which will increase the cost of the project. In that
event,
the building would
have to get larger to offset these costs. The building size architecture and
complexity of the
improvements also play a role and further design of the development and
architecture are
necessary in order to determine if it is financially viable. The attendees
agreed
that the catwalk will
not be counted as part of the 3,000 square foot building.
We can not commit
to this plan until we are able to see the covenants and further details of the
proposed
architecture. In addition, those of us here representing communities can not
assure
you that there will
not be an individual property owner who will come out during the hearing
against the
project.
The covenants will be
sent to you within 2 weeks and we will follow up with you and your
organizations to make
sure we reach agreement with these details. If your groups will support
the project, we are
willing to make this commitment and take the risk of addressing other
individuals who may
oppose the project.
The way the
property was rezoned, has caused a lot of anger and mistrust with this property.
You should
recognize that you are starting from this point and will have a more difficult
road
to overcome than a
normal project.
We recognize the
history of this issue but since the zoning is a C-2 property, we hope that you
will work with us to
move forward from this point.
A community
association can not generally make a binding agreement. How can the covenant
become binding?
What happens if the property is sold to another developer and he does
not
want to adhere to
these conditions?
We recognize this and
your agreement with the details of these covenants once accepted by all
parties will be
sufficient. The covenants will be recorded with the property deed and will be
binding. They will be
required despite who ever owns the property.