Need Advice - City Land Use Designation Change Request

[Rathji]

Ok, where my mother lives she is on the north end of a street with an apartment building with retail space in the ground floor to the north of her. A couple days ago she received a letter from the City saying that there has been a request to tear down 4 houses to the SOUTH of her and replace them with an office building that the application says it is for a printing office.

Now this concerns me, that they would let this fly. She lives in a residential area, and has owned the home for 13 years, putting considerable time and money into renovations, which has made her infill home worth a decent amount more than the average for property in the area. The way I see it, this is why they are going to build on the 4 lots south of her and not on her lot, since they are lesser-maintained homes that can be purchased for far less per sq ft of lot than my mom's place.

They say that she has untill Dec 6 to submit a statement that will be considered in the hearing that is supposed to occur, or alternately she can appear before the committee and make the objection in person.

What I am asking is pretty much, how do we get this stopped? I don't want my kids (or my brothers kids) to go to grandma's house in the middle of a commercial development. I don't want all the hard work my brother and I put into that house to make it a nice place to live be cheapened by this office building. I don't want the property value to drop like a rock because of all this.


If it can't be stopped, is there any other course of action? Seeking restitution for inconvenience, property value decrease, living in freaking construction zone for who knows how long? Imagine a strip mall suddenly being built around your house....

[Dan02]

Your mom lives next door to the proposed site and they haven't even consulted her??? That's a little bizarre if you ask me given the money they may have already invested. Perhaps you should contact the developer to see if there is a deal to be made if that's what you're looking for.

My experience is neither first hand nor professional, but from a third party i know, if you have a legitimate reason and put up a stink they will be denied.

If you really want it outright blocked, get out there and pound on doors of the neighbors, make sure everyone voices their objections.

[Barnes]

Where is the home?

[4X4]

New land use bylaws came in this year. They're much more lenient towards redevelopment. Somewhat surprising that she was never approached by the developer, but on the other hand, and depending on the zoning, a fifth property may only nominally increase development potential. And that has to be offset against the cost of acquiring said property.
You mentioned it's an infill. That'd be an extra 25' of frontage. If it is RM-5, probably worht acquiring. RM-4? Perhaps not, depending on guidelines.

I think the most important question is whether the 4 southern properties eventually hit a street. If so, she has a better chance of doing something. If not, it's the wild west on her block.

[Rathji]

Your mom lives next door to the proposed site and they haven't even consulted her??? That's a little bizarre if you ask me given the money they may have already invested. Perhaps you should contact the developer to see if there is a deal to be made if that's what you're looking for.

That is what is upsetting me the most. This is the first we hear about this is a letter from the city asking for objections about rezoning. It is like they hoped she would miss the letter or something and let it slip by. She already tried to find out who the developer is, but she said they wouldnt tell her. I have no idea who she called, but I assume it was the number for the City Planning that was on the letter she got. Is there a way I can find out who it is?

Where is the home?

In Ogden, on the north end. Directly across from the burger joint on Ogden Road. It is right along the tracks near the train yard. The apartment building to her North is called Alyth Lodge and there is a Hobby shop in the main floor. Kinda across the street from her is a new multi family complex that is being built.

You mentioned it's an infill. That'd be an extra 25' of frontage. If it is RM-5, probably worht acquiring. RM-4? Perhaps not, depending on guidelines.

I am sure that is why they are not pursuing my moms property, it is the nicest house on the smallest lots. 2 of the 4 south of her at 75' lots and 2 are 50' lots. What do you mean by RM-5 , RM-4, what would be the difference in cost?

I think the most important question is whether the 4 southern properties eventually hit a street. If so, she has a better chance of doing something. If not, it's the wild west on her block.

I am not sure what you mean by this, but this info might help.

South of her are the 4 lots in question, then 3 more lots with houses then a smallish apartment type building. It doesn't a street for probably 5 more houses past the smaller apartment building, and even then it is not really a street as much as an alley exit that matches with a street intersection.

[4X4]

RM is residential multi family. It doesn't matter because you said there'll be an office/commercial building (I was still asleep when I wrote that).

It is seriously f'd that they're even considering this. An apartment bldg, then a house, then a commercial bldg, then more houses. It is the wild west on that block.

I think the only argument you can table to the city is that they're permanantly destroying the value of her property. The only reasonable use for that land after a building is built is for a parking lot.
And sadly, it is doubtful that you'll recoup much in the way of improvements to the building (house). If the highest and best use of a piece of land is something other than what sits on it, fixing upping is only for the owner's comfort and does nothing to increase market value.

[Rathji]

And sadly, it is doubtful that you'll recoup much in the way of improvements to the building (house). If the highest and best use of a piece of land is something other than what sits on it, fixing upping is only for the owner's comfort and does nothing to increase market value.

The house was appraised at over 300k earlier this year, and I am not so much concerned about recouping costs as I am making sure she doesn't get screwed. No one else on the street will mind it, the houses to the south are all rental properties and would probably not even be hurt as far as actual property value goes.

I just want her house to be something she can live in, and have family over. "Hey lets go to the industrial park to visit Grandma?" Isn't a phrase I want my kids to be saying, nevermind experiencing.

[Rathji]

Update:
I went with my mom to city hall since the File Manager hasn't returned any her calls, you would think he is working for the developer with the amount of avoidance he has accomplished. Bottom line is this is the first thing that needs to be done, changing one type of District Control to another type of DC. We can submit our complaints and they will be included with the file and will remain there until the building has been completed. We were able to get the name of the 3 guys who are making the application and their lawyer, so I hope they will shed some light on what is going on.

Anyway, if this is approved, then they need to submit a development plan for approval and to go through the same process again after submitting plans etc. If it is not approved, then apparently they can jump through some hoops and still go ahead with application for the development permit.

Apparently parking is a major issue for things like this, and hopefully we can either block it or get concessions for parking from the developer. Now as of next year, all developments must have ample space for parking on site and not rely on street parking at all. This means either the entire front , entire back, or the entirety of 1-2 lots would be turned into parking. My biggest fear is having them put a driveway 2 feet from the property line and have the entire front of my moms house be an area you cant park in. Anyone know what the regulations are for the locations of driveways in relation to neighboring property? or where I would even find the regulations for it? Does it fall under the regular building code?

[4X4]

By DC do you mean Direct Control? Never heard of District Control.
DC is at the whim of the city. They have "Direct Control" over whatever gets built. There are guidelines (ie, DC with r-2 guidelines means that two single family dwellings can be built). Check the guidelines.

As for parking... If the city approves the development, your options are limited. Off the top of my head, your best option is probably to see if the developer is interested in the land. As harsh as that may sound, keep in mind that it'll never increase proportionately to the other single family lots in the neighbourhood that AREN'T adjacent to multi-family and commercial.

[Caged Great]

Dealing with the city is like trying to demolish a 10 foot thick concrete wall with your head....