BelmontAddition - Threat of litigation over 5902 Goliad

download BelmontAddition - Threat of litigation over 5902 Goliad

of 3

Transcript of BelmontAddition - Threat of litigation over 5902 Goliad

  • 7/29/2019 BelmontAddition - Threat of litigation over 5902 Goliad

    1/3

    From: Belmont Addition

    To: Brittany Bailey ; Dusty Cooper

    Cc: Belmont Addition ;

    "[email protected]"

    Sent: Saturday, December 15, 2012 1:24 PM

    Subject: Re: Resolutions

    Dear Brittany and Dusty:

    Thank you for reaching out to us in an attempt to find a mutually

    satisfactory resolution of our dispute. We would very much like to

    reach a resolution with you and put an end to this dispute and avoid

    future litigation over this matter. I am sure you feel the same

    way. Toward that end, some of our neighbors met this week, and we

    have come up with three possible resolutions that we hope represent a

    compromise acceptable to both you and the neighborhood. In coming

    up with these resolutions, we tried to consider the things that you said

    are important to you (i.e., preservation of green space, having anattached garage, the view into your back yard and an open floor plan)

    and the things that are important to us (preserving the lot grade,

    maintaining the maximum number of stories at 2, garage placement

    and setbacks).

    It is not our desire to dictate the design of your home; we simply wish

    to preserve the standards the neighborhood deems critical to the

    ongoing success of our ordinance. We feel that each of these proposalsrepresent a sort of splitting of the baby in that they attempt to preserve

    the things most important to both of us but require each side to give up

    something substantive and important to them in order to reach a

    compromise. While these options are the ideas we had, we are

  • 7/29/2019 BelmontAddition - Threat of litigation over 5902 Goliad

    2/3

    certainly open to other ideas that offer a true compromise and allow

    each side to preserve some of what is important to them.

    Proposal No. 1: Build the entire structure at the original grade level

    (with no subterranean portions) with no more than 2' of raised

    foundation or crawl space. With this option, we would be willing to

    allow (a) the attached garage (at original grade, not below the grade) in

    its present location under the second story and not behind it, (b) the

    floor of the garage to be at grade so long as the rest of the house is no

    more than 2' above grade, and (c) a full 24' driveway from the street to

    the garage. By raising the garage to the grade level, this allows you to

    maintain the maximum amount of green space, maintain your open

    floor plan and keep the garage attached to the house. For us, this

    proposal eliminates the need for the partially exposed subterranean

    level under the front part of the house and restores the lot to its

    original grade, thus addressing our lot grading and maximum of 2

    stories concerns. What you would be giving up is the view to the back

    yard, and we would be giving up on the setback, driveway width

    limitation and garage location issues.

    Proposal No. 2: Redesign the house such that the maximum distance

    from the floor of the garage to the peak of the roof on the front section

    of the house is 30 feet or less. This approach allows you to maintain all

    of your objectives in some manner. Working with your architect, we

    believe that it may be possible to achieve this by lowering the

    foundation of the front and raising the garage a bit in such a way to

    reduce the impact of a 3-story home from the street and preserving

    some view and access to the backyard. In this scenario, we are givingup at least something on everything that is important to us.

    Proposal No. 3: Move the garage to the rear of the lot and build the

    remainder of the house at original grade level with a maximum height

    of 30 feet. With this option, we would agree with a subterranean

  • 7/29/2019 BelmontAddition - Threat of litigation over 5902 Goliad

    3/3

    garage with up to one story above it. In this scenario, we would also

    agree to allow a covered walkway between the garage and the house if

    you like. (This is generally not allowed in our ordinance, but we will not

    oppose it in this case.) This option allows you to maintain your view

    and open floor plan and add another story over the rear portion of the

    house to add additional square footage if you like. You would be giving

    up having an attached garage, though we are ok with a covered access.

    For us, we are giving on the lot grading issue in order to preserve the

    look of a two story home by separating the garage from the

    house. Most builders in the past have found a detached garage at the

    back of the lot to be the most desirable way to achieve the best use of

    the yard space on our narrow lots.

    If you are interested in meeting to discuss proposals, we are certainly

    willing to do that. And as I told Dusty when we last spoke, if we can

    come to a resolution, we are committed to working with you as quickly

    as possible to get city staff's approval and have a new permit issued so

    that you can proceed with your project. If you have any questions, feel

    free to contact me. We look forward to hearing from you.

    Sincerely,

    Melissa Kingston

    BACD Ordinance Review Committee