On the agenda for the April 10, 2008, Zoning Board of Appeals meeting is this item:
CASE NO. ZBA 2878
Petitioner Franklin Scudder, on behalf of Richard Hayes, is requesting a 100% variance from the provisions of the Land Development Code for the Heart of Peoria Article 4.1.5.E.2. to eliminate and exceed the attached garage design standard of placement 6 feet behind the longest plane of the street-side façade to 12 feet in front of the longest street-side façade plane. Approval of the request will result in an 18-foot variance. The property is located at 819 E. Fairoaks Avenue, in the R-4 Single-Family Residential Zoning District.
I reported on this earlier this month:
This is a new house being built in an older neighborhood — in fact, it’s within the Heart of Peoria Plan area and falls under the regulations of the Land Development Code. The site plan that was submitted to and approved by the city was in compliance. But the house that’s constructed there — and almost completed — is different than the site plan, and decidedly not in compliance (The attached garage was supposed to be “set back 6? from longest plane of street side facade,” but instead it was built 12? in front of the facade, a difference of 18?). Once it came to the attention of the Planning & Growth Department, a stop work order was issued, and now the contractor will either have to comply with the approved site plan or seek a variance.
He’s seeking a variance, as expected. If he gets it, we’ll have a new way around the Land Development Code — submit a compliant site plan to the city, then build whatever you really want. It’s easier to get forgiveness than permission, you see. Since apparently no one with the City checks to see if construction is proceeding as approved, I predict we’ll be seeing a lot of these kinds of projects in the Heart of Peoria Plan area.
“It’s easier to get forgiveness than permission”
What did I say about the BU fubar?
Now maybe my cousin can get that two story garage he was wanting but can’t normally get cause of the way the city regulates garage construction. Thing is, he wants to build something that actually fits in but can’t cause too many slumlords have torn down their garages.
I have said before, I think that New Urbanism may have died when the city refused to spend the budgeted money on the Sheridan triangle last year and reduced the role of the Heart of Peoria Commission.
Just wait, the new Master Plan will gut the Heart of Peoria plan completely.
On one hand, I think people generally ought to be able to do what they want on their own property, as long as public health and safety isn’t at issue.
But then, people who break the rules with impunity make me sick, too.
Hell, make ’em take the thing down. It will serve as a lesson to the others.
Amen Billy. What are the odds for that bet?
ummm it’s going to work for Bradley so why not be fair and do it for residences. and Mahkno…amen brother.
Just be happy that someone had the guts to build a NEW house in one of our older neighborhoods. As long as it looks good and fits within the rest of the homes, who get hurt?
If anyone is interested, we have quite a few empty lots here in the East Bluff.
Richard, so you’re saying that it’s okay to tell the city you’re going to build one thing and then build something totally different behind their back? And it’s okay to use one’s own arbitrary judgment as to what “looks good” and “fits within the rest of the homes” instead of the codified community standard? The Land Development Code was written specifically to ensure that infill development “looks good and fits within the rest of the homes.” This home doesn’t comply with that code. They didn’t come to the city ahead of time to ask for a variance so this could be vetted by all concerned parties. Now they’re going to plead for forgiveness because the error is so costly to fix. Is that a precedent we want to set?
Nobody wants to discourage infill development in older neighborhoods, but neither do we want to encourage deceptive practices or non-compliant buildings. You’re falling into the trap of desperation — development in the older neighborhoods at any cost. I don’t believe we need to be desperate. Our beautiful older neighborhoods (and the neighbors like yourself who live there) deserve to be treated with respect. I don’t need someone coming in to my neighborhood, building whatever he darn pleases, and then saying to me, “you should be happy someone’s willing to build here at all.” You can’t do that in Edgewild. You can’t do that in Thousand Oaks. What, do we deserve any less respect just because we live on the East or West bluff? Or South Peoria?
I’m not willing to accept development at any price. It needs to be the right development done in the right way or else it’s not going to help the neighborhood in the long run.