HomeMy WebLinkAbout08-20-18 Public Comment - R. & J. Locker - Maple Terrace Zone Map AmendmentTO : ZONING COMMISSION, CITY OF BOZEMAN
AJadin@BOZEMAN.NET, BOZEMAN.NET/GOVERNMENT/CITY-CLERK/PUBLIC-
COMMENT, agenda@bozeman.net, csaunders@bozeman.net,
DATE: 8/20/18
SUBJECT: CONCERN REGARDING REZONING MAPLE TERRACE LOTS 25 AND 26
WE, the HOMEOWNERS OF BLOCK 1 OF THE MAPLE TERRACE SUBDIVISION ,
OPPOSE THE REZONING,
We, Robert A and Judith S Locker, live on Lot 1-A and are immediately adjacent
to the Lots 25 and 26, would like to give you are opinions about this proposal to
change the zoning on these lots from R 1 to R0.
We, also own Lot 6, which is also adjacent to these lots in question. Regarding
the easement on this Lot 6: It is 92’ long and 12’ wide and might be considered
for access to the Lots 25 and 26 by the applicants, Cory F Taylor and Bobby
Smith. We oppose any use for owners of Lot 25 or 26, without permission.
We have found this information below that may prohibit this access:
All covenants, conditions, etc. are on the recorded plat for Maple Terrace,
records of Gallatin, MT. and…this includes Right of Way Easement to the
Montana Power Company and the Mountain States Telephone and Telegraph
Company recorded August 31, 1965 in Book 149 of Deeds, page 39, records of
Gallatin County, MT. More information on covenants has been given to Addi
Jadin.
Traffic on Durston Road is a very serious problem for building this close to a
major intersection such as 19th and Durston. We made a quick check of the
number of cars heading West, in front of our property on Tuesday, August 7, at
5:00 to 5: 15 P.M. There were 160 cars going to the West and those going to the
East 104 cars. This is in 15 minutes and on a middle of the week day. A picture
of the bumper to bumper back up has been sent to Addi Jadin by my phone.
During this check, there were 6 cars making a R turn off of 17th N onto Durston,
that completely ignored the back up and went around it all the way to the 19th
Street L turn lane. No cars were coming from the East at that time. Dangerous!
Now, think of this road traffic if this proposal is accepted. How can there be a
driveway there? Cars would be coming in and out of a new driveway from
Durston to the new building on Lots 25 and 26, completely blocking up traffic
from both directions?
We, the Lockers, purchased our property, late 2013, directly from the applicant
Charles and Barb Parks (Cory is their son-in-law) with assurance that this
property surrounding us was all single residential zoning. All other residents in
this Maple Terrace Subdivision purchased their properties with that promise, as
well. Read this Amendment to the Covenants for these lots recorded on
Document #3777690, book 1921, Page 1654 and recorded 11/10/1998.
Paragraph 1:
“ No lot or building plot in the Maple Terrace Subdivision shall be used except
for strictly residential purposes, no business, trade or manufacturer of any sort
or nature shall be constructed theron, except Lots 15 through 23, Block A (these
face 19th Ave.).
**This property is designated as “Residential R1, one family lots, according to
the Bozeman 2020 Community Plan Future Land Use Map.
Because the owners of Lots 25 and 26 have had trouble selling their Lots 25 and
26, should not give them the right to change this zoning. If the City wants to
push new construction of multiple housing, this infill is not in the right or lawful
area. The owners should have tried lowering their price to sell, just as other
people have to do. This is not an acceptable reason to make the neighbors of
this subdivision live with a multiple dwelling or large office building in their back
door. Single family residents would be adversely affected by rezoning these
properties to R0. This isn’t fair. We bought here, improved our homes and
property and take great pride in them. Maybe you don’t know, our home was
built in 1947 and after that the Subdivision was developed. This is a historic
neighborhood. We had no idea that this could happen, that the City could just
take away our rights.
Tree Removal. Lot 26 has a line of beautiful mature trees, that are running
across the lot from S to N, in the middle of the lot. These trees are very
important in providing a buffer for the street lights, the signal light on 19th, and
the noise of cars, police cars and ambulances. These are extremely important to
the close neighbors of this lot. If these trees are removed, we would have
affected the comfort and enjoyment of living in this area and, again, the value
of our property would be adversely affected. Question: Is it permissible to
remove these mature trees?? Is it permissible to use infill and adversely affect
the value of our property?
WE AGREE THAT “WE NEED TO PROTECT THE MANY HISTORIC DISTRICTS AND
OLDER TRADITIONAL NEIGHBORHOODS THAT REMAIN AS REMINDERS OF THE
CITY’S HERITAGE. IS THIS REZONING HELPING PROTECT OUR NEIGHBORHOODS?
MORE APPARTMENTS/OFFICE BUILDINGS IN RESIDENTIAL AREAS WITH R 1
ZONING ARE NOT THE WAY TO PROCEED. WE OPPOSE THIS CHANGE TO R0.
THANK YOU,
JUDY AND BOB (ROBERT) LOCKER, OWNERS OF LOT 1-A IN THE MAPLE TERRACE
SUBDIVISION. 1705 DURSTON ROAD, 406-631-2020