The News & Observer reports a Raleigh builder is suing a whole neighborhood to have their restrictive covenants removed to enable him to build a development of 12 townhomes on two lots that are/were two single-family homes. Clash between Higher Density Builder and Neighbors.
Councilor Branch promised to fix this
This is a story about the ‘Unintended Side Effects’ of Missing Middle and the Woodcrest neighborhood in East Raleigh. A story which concerned residents brought to Raleigh’s City Council twice over a year ago. A story District C Councilor Corey Branch, who represents the neighborhood, acknowledged as unintended and promised to do everything in his power to correct. Branch has done nothing.
We have reported on this story before:
The Father of Missing Middle calls this a BIG Mistake
The builder says:
“I’m really not trying to be the bad person in this situation,” Sypher said in a phone call on Tuesday. “I didn’t create the zoning. My concept is not outrageous or over the top. This is what I’m allowed to do.
What Syphere wants to build are called “slot homes” by Daniel Parolek, the father of “Missing Middle”. Parolek says “slot homes” are the biggest mistake that a city can make when implementing Missing Middle policy. We have reported this before: Missing Middle’s Biggest Mistakes.
To be clear, if this is what the builder is “allowed to do”, he wouldn’t need to sue the neighbors to remove their restrictive covenants.
The neighbors provided these renderings of the proposed development
These are a perfect example of “slot homes” as defined by Daniel Parolek
Higher density said to be critical
The N&O also notes:
Part of a national trend, city leaders argue that higher-density housing is critical to grappling with the region’s growing affordability crisis. Despite a post-pandemic construction boom, the Triangle is facing a massive housing shortfall. Demand and prices remain high as a steady influx of new and often well-heeled residents move here every year. The Raleigh metro area alone needs at least 17,000 more units, according to a 2003 Zillow study.
We’ve reported on this before and what the artice doesn’t say is the Raleigh metro area consists of three counties. Wake, Franklin and Johnston. Population Growth & Housing Deficits.
What we reported at the time is that while there is a 17,000 unit deficit in the 3-county area, between Dec 2019 and Mar 2023 Raleigh’s City Council approved zoning cases for over 70,000 residential units. Over 4 times the reported deficit.
Missing Middle is intended to create more affordable housing
According to the N&O piece re Missing Middle:
Proponents say the policy boosts supply and is a more efficient use of land. They say it also creates more affordable housing options for young families, singles and seniors.
The same article says:
In June, the city approved Sypher’s plans for 12 townhouses across the two lots. Prices are expected to be from $600,000 to $800,000 per home, Sypher said.
The piece notes the average value of a home in the 27604 zip code where Woodcrest is located is 475K compared to 425K for Raleigh overall. So, we don’t see this proposal as aligning with the goals of Missing Middle to create more affordable housing.
City leaves residents to fend for themselves
The N&O says, for its part, the city remains on the sidelines.
“The issue regarding the restrictive covenants is a private matter that the city is not involved in,” said Julia Milstead, the city’s public information officer, in an emailed statement.
“The city does not enforce restrictive covenants, and they are not considered during the plan review process.”
But, as we said above, the city was made aware of this issue over a year ago, Councilor Branch promised he would do everything in his power to fix it, and the city could have and still could prohibit “slot homes” as recommended by Daniel Parolek.
Developer threatens neighbors with even MORE density
According to the N&O:
In a July 11 letter included with the subpoena to defendants, Sypher’s lawyer, Benjamin L Worley of Raleigh-based Longleaf Law Partners, said the proposed design would offer off-street parking and a design that [Sypher] believes would “match the character of the neighborhood.”
“It’s far less dense than what might otherwise be developed,” he added, pointing to zoning that allows for “up to 20 units per property” and contains no requirement for off-street parking.
That’s not to say the developer wouldn’t consider going bigger. Should the court only approve development on one of Sypher’s two Barksdale properties, he would most likely have to develop the property “at full density allowed by the current zoning.”
“What now would be 12 units across two properties might very well end up with 20 units on one property,” Worley said. If a majority of owners consented to modifying the covenant, however, “then this lawsuit can be dismissed,” he said.
Residents called it an “extortion letter.” And they’re not backing down.
This recalls the threats that developers always used in the past when there were concerns about a proposal. The usual response was, if you don’t let us do what we want, we’ll just build a gas station next to you.
When the developer refers to what the “zoning” allows, he is puposely ignoring the legal covenants of the neighborhood which restrict the city’s zoning. Covenants he is fully aware of since he recently lived in the neighborhood and still owns a home there.
Livable Raleigh can support Missing Middle when done right
Missing Middle done right:
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- Improves affordability
- Is compatible with its surroundings
- Is accessible to dependable, frequent transit
Projects without those elements: make the affordability crisis worse, devalue neighborhoods and make growth more car dependent.
Raleigh’s Missing Middle rules lack these critical elements, thereby working against the city’s own sustainability goals.
Livable Raleigh Editorial Team
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