Altus Planning & Appeals recently assisted an applicant in overturning the City of Belmont’s decision to refuse a multiple dwelling development on an R20-coded cornet lot. Under the City’s planning scheme, an R20-coded cornet lot can be developed to a maximum density of R30 however the City argued, amongst other issues, that the R30 bonus was not to apply to multiple dwellings.
At the same time the City of Belmont had initiated Amendment No. 4 to their planning scheme which would see multiple dwellings exempted from the R30 bonus and it was successfully argued by Altus Planning & Appeals that such an amendment was not seriously entertained and therefore should be given little or no weight in the Tribunal’s determination.
A full electronic copy of the Tribunal’s decision can be found here.