Zoning and civil covenants are completely separate. The county can zone property whatever it wants, but the covenant still applies unless a majority (often 2/3rds) of properties subject to the covenant agree to eliminate it. |
It's close to a duplex. And 19 unit - hyperbole much? ![]() |
Watch the meeting video. While Friedson notes the current limitations of county zoning, they point to state legislation in the works, where changes to handling of contract law might be made that could then allow for municipalities to do something where covenants and zoning are in conflict. Multi-layered density push. |
No, 19 unit bldgs will be in play in growth corridors. Not hyperbole. This is the point I'm making. They're selling it as duplexes but the regulation will allow for this. |
Those corridors are where larger apt buildings belong! |
Haha that is probably not legal and it will involve a lengthy battle in state abs federal courts. Banning new covenants is probably legal, but invalidating covenants that were legal when established related to (lot subdivision, architectural standards, etc raises constitutional questions. It also will create potential legal issues about the enforceability Of conservation easements that are essential for preservation. They are opening a major Pandora’s box with unpredictable consequences by kicking this legal bees nest. |
He did not say that. In fact he said that the county can't touch contracts. You may be confusing where he said that the new state legislation may affect municipalities. That part is true. It just isn't clear yet. |
Exactly. The County could either A) fight that entire long and drawn out fight against its wealthiest residents, and everything that comes along with it, or B) just shrug it off and convert the remaining 95% of the land they're after. If you expect them to go with A, I think it would be very fun to watch how you make decisions in your day to day life. |
Friedson was clear that the County can't get involved in contract law. If there is covenant on the property and a buyer tries to build a multi-unit, the seller can enforce contract law. The county has no role in that and can't override it. Friedson acknowledged that. |
On one hand that is true. But demand for housing in quiet, nice neighborhoods will always be high. If this effort is successful, supply will decrease drastically. While many wealthy people may end up leaving the county altogether, I would still bet that protected neighborhoods would be highly valued. If you're highly paid employee of a MoCo-based org, and you want a home for your family, you'll be gunning for the best of what's left. |
That's what I said. Friedson noted the county's limitations. State legislative initiatives might seek to change that. Not sure how you read that differently or why you saw the need to write that as a counter. |
DP. Soooo...too bad/so sad for the large number of detached SFH residents who don't live in a neighborhood with protective covenants? Those close to the top not only get a pass, but make out with more than they had before? Sounds like a greeaaat policy, there. ![]() |
Within a quarter mile of Metro is where they might belong. All along a BRT corridor, rather than clustered, is asking for a ton of turning car traffic from residents of those apartments. That wouldn't be great for any of the vehicular traffic, BRT or otherwise. |
I indeed misread your post. Not enough coffee yet. Apologies. |
An interesting take in which a building restriction is placed by a home seller, helping protect their neighbors and community from these developments. This ensures nothing but a single family home is built.
https://www.dcurbanmom.com/jforum/posts/list/1212773.page |