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. . April 22, 1992 Plan Commission Meeting Minutes Page 3 Mr. Goldman stated that he cannot endorse the proposal for resubdividing because of the disparity in lot area between proposed Lot W and the development pattern of the neighborhood and because it has not been demonstrated that a house can be built to the prevailing pattern of height and mass and still provide a 30 foot rear yard for all portions of the building. He further stated that he had personal reservations about the ability to save the trees as shown in the submitted sketch. Ms. Kreishman asked why there was a 78.73' angle in the property line between the lots. Mr. Comfort replied that was to keep the pool on Lot E and to make it expand gradually over, otherwise it would look like it was in somebody else's yard. The Chairperson asked for comments from the public. Bill Peniston, 7360 Westmoreland stated that he lives directly to the west of proposed Lot W and his feelings were identical to those he stated at the previous two meetings concerning this issue. He further emphasized that this neighborhood has the largest lots located in the center of the block. Allowing this resubdivision would break that pattern. The fence that runs along the front yard shows that the property should stay one lot. Denial of the Plan will benefit University City and the residents of Maryland Terrace. Mr. Kendall asked if anyone in the neighborhood had discovered whether there was any language in the neighborhood covenants that would disallow the resubdivision. Jay Sushelsky, 7334 Westmoreland, stated that he owns the property to the east of the subject property and that he feels the language in the Covenant referring to "lots" is intended to mean the parcels as originally platted. Ms. Whittington stated that she has read through all of the covenants of Maryland Terrace and that the language does not restrict resubdivisions. Jay Sushelsky stated that he had read over the minutes from the January and February Plan Commission Meetings and states that he speaks for all those who spoke at those meetings in repeating those same concerns. He feels even stronger about his objections since the Comforts have cleared the property in the last months. The offset of the house on Lot E goes way to the West end of the property. Terry Berry, 7347 Maryland states that she can see the lot from her kitchen window. She feels that the new proposal has all of the same problems as the original proposals. They fly in the face of grace and beauty. David Geller, 7337 Maryland stated that he is dead set against the resubdivision because it will destroy a major part of the neighborhood. m-4-22.plc