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. . January 22, 1992 Plan Commission Meeting MinuleS Page 8 resubdivision as meeting the criteria of minimum lot width and area and therefore approvable. Mr. Goldman pointed out that the subdivision ordinances are unclear whether the City Council must approve a resubdivision if it meets the minimum criteria of the subdivision ordinance or whether they have the discretion to reject on other grounds. The Chairperson asked for comments from the public. The Commission was presented with a petition against the rezoning. Nineteen letters from the public were also presented and put into the record. The following list of citizens spoke out against the resubdivision: Jay Sushelsky - 7334 Westmoreland argued that the subdivision indentures prohibited the resubdivision and that the resubdivision will break up the natural flow of the subdivision lots because all of the other lots break out from the central point of that lot; David Smith - 7323 Maryland read a letter submitted by he and his wife stating that they are opposed to the resubdivision because it will destroy the distinctive character of Maryland Terrace, the lot will be out of proportion with the other lots on the street, it is prohibited by the trust indenture and will lead to other resubdivisions in this and other residential neighborhoods in University City; Mickey Peniston - 7360 Westmoreland stated that she is opposed because 7346 Westmoreland is the "principal" residence on the block from which all other properties emanate, she is also opposed to the probable destruction of the trees on the lot caused by the proposed construction; Jim Fredericks - 7300 Westmoreland stated that the Plan Commission should consider the indentures, that appraisals take lot frontage into consideration, that allowing this lot to be subdivided will cause others in the neighborhood to subdivide and that the placement of the current and new structures will be too close to the edges of the lots; Jerry Rubenstein - 7394 Westmoreland stated that the zoning code is obsolete in reference to resubdivisions and permits the owner of 7346 Westmoreland to "gerrymander" the lot line and build an odd-shaped home, he also stated that he would find two rectangular lots more palatable; Debra Grelle - 7117 Westmoreland stated that the value and integrity of upper Westmoreland will suffer if the resubdivision is allowed; Tom Berry - 7347 Maryland stated that the shape and the lot area should be important considerations, that the shape of the lot is "peculiar" compared to the other irregular lots because they are defined by the curve of the road; John Dubinsky - 7370 Westmoreland stated that he objects to the pie shape of the lot and the placement of the two homes being side by side and feels that the preservation of residential neighborhoods is at stake and feels the zoning code should take character and compatibility into account when dealing with resubdivisions; Terry Berry - 7347 Maryland stated that she felt there was opportunity for the Comforts to discuss the resubdivision with the neighbors prior to the meeting; Gustav Schonfeld - 7384 Westmoreland asked the Comforts to withdraw their application and renegotiate with the neighbors, he personally feels that two rectangular lots would be preferable to the pie shaped lot; Michael Wolken - 7389 Westmoreland objects to the "gerrymandered" lot because it produces a gerrymandered building, he also feels that allowing this resubdivision will affect other residential neighborhoods in University City by setting a precedent; Yvette Dubinsky - 7370 Westmoreland states that the resubdivision will diminish the quality of the neighborhood; Bill Peniston - 7360 Westmoreland, next-door neighbor to the m-1-22.plc