Monday, June 11, 2007

Developer, neighbors clash at 38th and Lewis

This quiet street, basically a long cul-de-sac, is populated with houses that have 50-foot setbacks, wide front yards, and distinctive homes that merit historic preservation or conservation. Fifty years ago, in response to a lot split, area neighbors joined in a covenant agreement to preserve the neighborhood's character by providing that only single family homes would be permitted on the then-existing lots. Unfortunately, the neighborhood was inappropriately zoned RS-2 in the 1970's, and this zoning opened the door for lot splits. Last year, a developer bought two houses in the neighborhood, tore them down, and to exploit the zoning mistake, applied for and received a lot split from the INCOG and the Tulsa Metropolitan Area Planning Commission (TMAPC). Neighbors, alarmed at the developments, petitioned INCOG to down-zone the neighborhood to its proper RS-1 density. Under current zoning regulations, however, TMAPC excluded the properties with pending development - turning the neighborhood into a checkerboard of RS-1 and RS-2 zoned lots. The neighborhood plat is now a mockery of urban planning. The neighborhood has united against the development company in the neighborhood’s effort to prevent the lot split and ensure adherence to a 50 foot building line. Part of the neighborhood’s advocacy was to erect signs to call public attention to its plight. The developer, however, has retaliated with two separate lawsuits against the homeowners, drowning the residents in legal costs and seeking to stifle their First Amendment right of free speech. Many are widowed retirees on fixed incomes. This is a worst-case scenario, but one that is typical of current development practices in midtown Tulsa, and we will be watching this one closely.