The Willow Glen Resident

Council Watch

Three-house development tripped up by 'strange' zoning law

Developer says his plan is sound

By Cecily Barnes

Developer Bruce Irwin's plan to erect three single-family homes on Cherry Avenue would be no problem, were it not for a longstanding general plan zoning that restricts the density allowed on a few designated plots in the area.

"For some strange reason the property and about four around it have a general plan designation of about two units per acre," said Joe Guerra, chief aide to District 6 councilmember Frank Fiscalini. "Everything around it is five units to the acre, and most of Willow Glen is eight units to the acre."

Planning staff cannot say why the designation exists; they can only speculate.

"I'm not really sure," said senior planner Carol Hamilton. "My guess is that it simply reflects the density of the development that was there at the time the general plan designation was made."

Now Irwin is battling the city's planning department to disregard what he and others see as an illogical restriction. Irwin argues that his plan is sound and provides more space per plot than many surrounding homes.

"I assume that they're just having to go by the letter of the zoning requirement," Irwin said. "But they do have an out, and we're asking them to use it."

According to Hamilton, the "out" is the discretionary alternative-use policy, which allows a development to increase in density if the project conforms to and exceeds all relevant standards."We're looking at that," Hamilton said. "I have not completed that analysis."

Irwin drafted the development plans in 1995 with Lloyd and Mildred Newgren, who have owned and lived on the property for nearly 50 years. The plan calls for three new homes on a parcel called a flag lot, each with four or five bedrooms and a separate driveway that leads to the homes.

However, when Irwin submitted plans to the Planning Department in 1996, he discovered the density allowance was significantly lower than surrounding properties. Since then, he has been haggling with planning staff to allow him to move forward with his plans.

Willow Glen Neighborhood Association president Kris Cunningham says she doesn't see the development as a problem.

"No one on the board seemed alarmed about it because it is three houses on 30,000 square feet of land," Cunningham said. "It does fit in with the properties around it, and apparently the builder says he has letters from all the surrounding [residents] saying they don't have any problem with it."

Once the homes are built, Irwin says he thinks they'll sell even though they border Willow Glen High School. Others agree with Irwin's speculation.

"They'd sell these in a second," Guerra said. "It's on the athletic field side of the school, and the parking impact is less back there. I think it's actually a very desirable location."

Irwin's project will be reviewed by the Planning Commission, but a date has not yet been set.

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