HomeMy WebLinkAbout03-26-2020 Public Comment - B. Getz Jr. - Armory Hotel Project Application 20096 or 20099From:bert getz jr
To:Agenda
Subject:Armory Hotel Project Application 20096 or 20099
Date:Thursday, March 26, 2020 1:56:40 PM
Please deliver to Marty Matsen
Dear Mr. Matsen,,
My name is Bert Getz, Jr and I own unit 307 located at 5 West Mendenhall Lane. I purchased
the condominium from the developer in August 2017. Recently I received a public notice fromthe City of Bozeman Community Development Department regarding the appeal to the
administrative decision rendered. First, I want to say how extremely disappointed I amthat the original notice of site plan modification was not rejected outright. It is appalling
that you let the developer of the Etha off the hook. Candidly, the city and city council couldfind themselves in a lawsuit for not acting properly or lawfully to protect the property owners
adjacent to the project, but also for not holding the developer accountable to build the plansaccording to the specifications approved. This is outrageous and the developer should be held
accountable. I am writing to voice my strong opposition to the Site Plan Modification andAppeal of the administrative decision being put forth by the developer of the ArmoryHotel Project, also known as the Etha Hotel Project. I would ask one question: why hasn’tthe developer or city council acted in a lawful manner, and does this require a lawsuit to hold
all the parties accountable?
I watched the Design Review Board hearing in disbelief as the developer and his design teamtried to place the blame on his “bait and switch” scheme on the City. As a real estate
professional, it is required that the developer/owner/design team take all necessary steps tolegally obtain City approvals for a project, including public input. If changes need to be made,
it is also a requirement that the proposed changes be legally approved, also with public input.The fact is that the developer of this project failed to legally obtain all necessary approvals,
and failed to alert the public of the proposed changes until they were caught. The “shoot first,ask questions later” mentality is wrong, illegal, unethical and above all else unprofessional.
They have broken the law and must be held accountable so as not to allow this type ofprecedence to take place which would only create problems for the city and its elected
officials in the future. That is the tough reality of this developer’s predicament, but thecircumstances are entirely of their doing. I ask a second question: Will this be the accepted
protocol for all developers working in Bozeman in the future?
I would not have purchased my home across the street had I known the project would look
like the one now being proposed. While adding an additional floor, changing the entire
exterior finish material and substituting the windows on the Armory building with inexpensive
simulated divided light windows is bad enough: the fact the developer is proposing to replace
the pool/amenity deck on top of the Armory building with large mechanical equipment (this is
purely a VE directive according to the architect!) is egregious and offensive. Those were not
the plans presented by the developer nor the plans approved by the city. The proposed
changes are awful and a negative on so many fronts not the least of which will be to negatively
impact the real estate value of my property and those surrounding this project.
The developer and his design team are 100% responsible for failing to properly build what
they represented and what was approved. They are not above the law. The City has no choice
but to hold the developer and his design team accountable and reject the request for the
modification.
I ask the appeals board to REJECT this petition. I also would ask staff or council to answer my
two questions presented above.
Sincerely,
Bert Getz Jrbgetzjr@mac.com