Thursday, April 16, 2009

How can a group of home owners stop an apartment development from being built?

I live in an upper middle class residential neighborhood. There was a 20 acre lot for sale behind one side of our street, which we were assured was not going to be used to build apartments. But, we were informed today(as they started clearing trees) that there are plans in place to build a 100+ unit apartment complex. This will have negative impact on our home values in this already suffering market. Does anyone have any advice on how we (the home owners) could try to stop this from taking place?


You can only attempt to contact the municipal council or whatever you have in hopes of reversing the zoning of the parcel involved. However, you will have to have FAR more than concerns about reduced property values, since there is no way to guarantee that this will actually occur.

Given that trees are already being cleared, I'd venture this project is too far along to reverse.

You and your neighbors should have checked zoning application changes when they were requested, and been present at the council meetings to object at that time. You're probably too late now.

You need to get your facts straight and all info together first. HOW will the building of these aprtments be a negative impact in your neighborhood? Will it be the crime rate increasing in your area? Is it the different skin color,religion or culture of the people who might be living in these apartments you fear?

Or is it the construction work will effect the water table in this area?

I would contact your nearest police or sheriffs office for stats on crime rate,and then take all of this info to Zoning Commissioner.

If he/she doesn't satisfy you with the solution,take all this info and your neighborhood residents to the next Town Counsel meeting.

I am sure that you as well as your neighbors were sent notices that this apartment complex was going to be built. If not I am sure that there were notices in the local paper about this complex being built.

This construction did not take place overnight, there were permits to be approved by the city, the builder had to appear before the city counsel with his plans for a project this size to explain traffic and other concerns the city counsel might have had and answered questions of the counsel members.

There might have been zoning changes that might have been accomplished in order for the construction to take place.

I am sure also that your counsel person that represent your area or district had to know and be in on the approval process.

Since all this has taken place it might be difficult to change course now.

If you are dead set on doing this and stopping this construction project you might first contact your counsel representative and speak of your concerns to this person. Failure to get any satisfaction from this person you might want to make an appearance before the entire city counsel and address your concerns with them.

If the city counsel is unable to help in any way the only other avenue is to sue the city, construction and development company and get a order from a court to desist or stop the construction.

You will need to have facts and figures as to how this developement will negativelty affect you and the other home owners.

I hope this has been of some use to you, good luck.

"FIGHT ON"

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