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Planners: Driveways Count As Open Space

Posted on: Monday, 19 September 2005, 18:00 CDT

Sep. 17--How do you define open space? City officials are still working on that.

As they grapple with a dispute that has blocked construction of seven Myers Park homes, Charlotte planners released a new interpretation of city rules on how much space on a single-family lot should be left undisturbed.

The answer: For now, driveways will generally count as open space. That's important, because at least 65 percent of a single-family lot must remain open. Every square foot covered with a house or a shed brings a home closer to breaking the rule.

It's unclear how the new ruling would affect the seven homes where construction stalled, said city planner Keith MacVean. He said the city is trying to return to the way the rule had been interpreted until recently.

Things changed when Myers Park residents discovered the little-used rule and used it to halt the monster-home trend that's been rippling through the neighborhood over the past decade.

Ken Davies, attorney for the Myers Park Homeowners' Association, said he wasn't sure what to think of the new interpretation. But he's glad there's a rule.

"Builders and developers all over town are now going to have to factor this in carefully," he said.

Land-use lawyer Collin Brown, who represents builders and developers, said the city's new interpretation was clear and reasonable. He said he expects work to proceed on the seven houses as a result.

Over the next few months, the city will reconsider its open-space rules. The final decision rests with the City Council.

"The real story's going to be the meat-grinder process of what happens ... and what pans out," Davies said. "So stay tuned."

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Copyright (c) 2005, The Charlotte Observer, N.C.

Distributed by Knight Ridder/Tribune Business News.

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Source: The Charlotte Observer (Charlotte, N.C.)

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