There is important new information concerning right-of-way width exceptions that came out in the Plan Commission hearing of December 12th, as just transcribed in the attached.

We believe that right-of-way width exceptions for the "Nelson Meadow" subdivision are:

• Injurious to the character of the existing neighborhood
• Not justified by any public interest or Village requirement
• Not justified by any "practical difficulties or particular hardships" as required by ordinance
• Specifically pronounced unnecessary in sworn testimony by petitioner's representative
• Never discussed in Plan Commission deliberation, and therefore improperly recommended
• Contrary to ordinance requirements in this case

The requested right-of way width exceptions are injurious to the character of the existing neighborhood because they:

• Allow the new houses closer to the street than the code requires, resulting in crowding
• Allow the new houses closer to houses across the street than the code requires
• Narrow the public greenspace parkways from the Village standards
• Create public greenspace parkways inconsistent with Jefferson Avenue and Nelson "bulb"
• Allow more potentially harmful grading in the west Carpenter parkway
• Hinder shifting the Brookbank pavement to the east to spare Village-owned trees
• Make it more difficult to resolve the dangerous intersection at Jefferson and Nelson

They do not change the width of the roadway pavement and pose no problem nor create any benefit for the Village.  Public Works had no authority to request them, as asserted by petitioner's representatives.

They are inconsistent with the "trend of development" as the most recent development in the area required the current standard right-of way width.

If consistency with existing conditions is the desired goal, then front building lines should be applied to the Plat to preserve the existing streetscape geometry, and Brookbank should be left a wooded walking path to be consistent with the portion to the south of Jefferson Avenue.

In the petitioner's written submission, no "practical difficulties or particular hardships" are even asserted.  With 4.8 acres of cleared land, there is ample room for development.  At most, adhering to the standard Village right-of way widths would only marginally reduce the number of building lots.  No lot dimension exceptions would be required.

And most recently in the Plan Commission hearing of December 12, 2005, the petitioner's representative, Mr. Rathje, specifically testified that they are not needed at all.  This is new and important information not previously addressed by Village staff, which supports the denial of right-of-way exceptions.

(A portion of the Plan Commission tape is partially inaudible and the content of this section is not transcribed at all in the draft minutes.  But we have transcribed what is audible, and are seeking access to the original tape and the Village's high-quality equipment to recover some of the rest.)

Therefore we request that the Village staff reject all right-of-way width exceptions and recommend that the subdivision Plat be redrawn accordingly.

Thank you!