RESPONSE TO POPULAR PROTEST PETITION SUBMITTED BY LAND OWNERS OF WESTERN HILLS NEIGHBORHOOD

RE MAY 26 AGENDA ITEMS PP-04-11-04 AND PP-04-15-04

 

May 26, 2004

 

Concerned Neighbors

City Planners

Planning Commissioners

City Commissioners

 

            We respectfully submit this response to the concerns raised by the interested parties regarding the final plat of RL Subdivision located at 1201 Monterey Way.

In an attempt to relieve the associated apprehension we will address each of their eleven points individually.

 

  1. The current home is a 1964 Bi-level with a failing foundation wall, a crumbling concrete front stoop that is falling away from the structure, a gravel driveway being overgrown by grass and weeds, and is in overall poor condition. Surely this is not the Character and Nature of the neighborhood they wish to protect.

 

  1. This is NOT a precedent. At least eight other lot splits have been approved by the City of Lawrence since 1992 and new homes constructed on those divided lots.

 

  1. Yes, the approval of this Final Plat will allow 3 lots averaging 11,325 square feet (.26 acres) which is well above the 10000 square feet required of RS1 zoning. Which this area is currently zoned.

 

  1. These three lots will certainly not diminish the uniqueness of the neighborhood, but only add to it by giving a few lucky families the opportunity to live near one of our fair City’s beautiful parks in a very desirable neighborhood. There is absolutely no evidence that new homes in this area will negatively impact the fair market value of the existing homes, quite the opposite is true. New development and particularly Infill construction Always increases the values of the surrounding homes. Thus, benefiting the current home owners and fortifying our City and County’s tax base.

 

  1. The homes being considered for construction on the two lots approved by the Planning Commission on May 26, 2004 are well over 2000 square feet, not at all smaller than most the existing homes in Western Hills. Please see #4 regarding the positive impact on fair market value and the advantages of new construction in or near established neighborhoods. The existing home will be saved. It will be placed on a new foundation, set back to align with the other existing homes along Monterey Way, with new front stairs and a porch as well as a concrete driveway from the house to the street. Relocating the existing home, which will remove the blight caused by its deteriorating condition, and adding the two new homes will beautify this corner lot and enhance this point of entry to the Western Hills neighborhood. 

 

  1. There is no #6 on the petition.

 

  1. Yes, traffic flow will increase by two households.

 

  1. The City’s storm water engineer has approved this plat stating that “the downstream system is adequate for the proposed development”.

 

  1. The construction of the two new homes will take three to five months.

 

  1. Blasting is cost prohibitive in residential construction and well beyond the scope of this development for the homes being considered. The developer does not intend to do any blasting. Underground utilities are located at a minimal depth.

 

  1. Currently only one mature tree will need to be removed, with a second one removed only if necessary. The development will, in compliance with the Master Street Tree Plan, include the planting of three to four new trees to accompany the nineteen existing tree on the original lot.

 

  1. See #1 and #4 regarding the uniqueness and character of this entrance corner lot. The planned improvements for this lot will positively impact value and only add to the beauty, character, and uniqueness of this neighborhood. It would be a stretch of the imagination to say that the existing home in its present condition has any uniqueness or character. And a closer look would enlighten even the novice to the dire need of repairs required of this homes foundation and front stoop.

 

In summary, the proposed development will increase fair market values in the area and add productive, tax paying home owners to an area of town otherwise shut off from new homes. The developer has met all the conditions required by City code and several requests of the planning department.  It is their wish to begin this project as soon as it is approved by the Commissioners. In addition, after reading the Protest Petition and reviewing the signatures affixed we have found several perplexing issues;

 There is an individual’s signature on this petition that is not the owner of record for the address provided.

One of the main challengers to this development has previously split an identical corner lot in this neighborhood into three separate lots, profited by the sell of two of those lots and continues to profit by retaining ownership of the home remaining on the third lot and renting it for $700.00-800.00 a month.

Four more of the signatures are from Owners of homes that are located on lots created by several of the previously approved lot splits.

We find all of these individuals to be standing on very hypocritical ground and hope that these individuals questioned themselves long and hard before signing such a petition.

 

 

Respectfully Submitted,

 

 

Randy Ham

Associate Broker - ABR, GRI

Realty Executives – Hedges Real Estate, Inc.

 

 

 

Ron Lawrenz

Builder/Developer

Lawrenz Construction Company, Inc.