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HomeMy WebLinkAbout11-20-17 Public Comment - J. Kusak - 4149 Clydesdale Court CUP for Cooperative Housing1 Robin Crough From:Kusak, Joe <joe.kusak@bsd7.org> Sent:Monday, November 20, 2017 4:30 PM To:Chris Saunders; Agenda; Kusak, Joe; Kusak,Kimberly; Candice Mendenhall; Colin Daniel Subject:Oppose- no- Re: Public Notice for 4149 Clydesdale Court File 17-469 Categories:Public Comment Good Afternoon, I am writing to oppose the CUP/Public Notice for 4149 Clydesdale Court File 17-469 . I have lived in Baxter Meadows for twelve years. First in the bungalow style housing and most recently in the estate homes on Lasso Ave. I also serve on the Baxter Meadows phase 1 HOA board which I have for the past four years. While the two families are doing what is best for their future, their actions are working against the fabric of our neighborhood. The estate homes are the most expensive single family homes as designed by the covenants, thus different then any of the other designed housing throughout our mixed development subdivision. I believe they are converting/remodeling a basement thus setting up two separate living space, essentially making an estate home into two adjoining condos. This is in direct opposition to the spirit of the covenants and RS1 zoning designation. Some may argue that this issue is just a first world problem, but what happens next time? I have meet the two families and they are the nicest, community centered, working professionals, but what happens next time? You can not set precedent based upon the favorable letters from individuals who live outside the neighborhood. I am also concerned about the potential parking issue. The street is owned and maintained by the HOA. Currently the families have four cars. With three children apiece, what happens in several years when their children become eligible to drive? The street becomes a parking lot to serve for the estate house- housing ten people and up to ten cars. Baxter Meadows HOA has a responsibility to make sure the sidewalks are shoveled, green space irrigated, common space and lawns maintained. We have a responsibility to 155 homeowners to use their dues to continue to adhere to the CCR's. The current board did not feel that it was in our best interest to enter into possible expensive litigation if we were sued by the buyers based upon our current definition of "single family." Our attorney, Cindy Younkin, advised against enforcing the covenants because the current definition of "single family" could be applied in a much more liberal way by the courts; thus, costing the HOA thousands of dollars in legal fees. This is a difficult situation because the cooperative use permit is a viable option for the nice families. It helps them lower their individual mortgage payments. It also allows them to live in a desirable neighborhood. However, it is in direct opposition to the Baxter Meadows "single family" homes definition and city zoning of RS1 definition of single family. It sets the precedent that has the potential to negatively effect and impact every single subdivision in Bozeman. 2 Please vote no on the Cooperative Use Permit for Public Notice for 4149 Clydesdale Court File 17-469 Thank you, Joe Kusak -- Joseph Kusak Social Studies Teacher Social Studies Department Head (2015-1018) Bozeman High School w( 406) 522-6689 h (406) 580-7486