HomeMy WebLinkAboutPatrick Donahoe submittal for Frost-Kerin appeal.pdf December 3, 2010
City Commission
121 North Rouse
Bozeman, MT 59715
RE: Frost/Kerin Appeal of COA for 613 S. 61n
Dear Commission members:
Thank you for your time to consider our response in this matter. The City's Planning
Department followed every rule and regulation in approving this garage and the issuance of the
Certificate of Appropriateness ("COA") should be upheld. It is relevant to this review that my
house is 20 feet tall and is one story with an attic. Photos of my house are attached as Exhibit
A. Photos of my old garage are attached as Exhibit B.
The COA was submitted and approved by City Planning on June 9, 2010. A copy of the
application is attached as Exhibit C. The City's approval is attached as Exhibit D. That
approval required as one of the conditions a recorded zero lot line setback agreement. That
COA depicts the building height at 17'6". The pitch on the roof is 6:12 ratio. This is far less
than the original garage slope, which is shown in the Exhibit B photos. A normal one story is
considered 24-26 feet. The UDO, Section 18.16.060 allows for a building in R-2 with a roof
slope of 6:12 to be 32'. Even a 3:12 ratio building is a height of 24'. UDO Section 18.16.060 is
attached as Exhibit E. This garage is 18'.
On September 27, 2010,the City Planning Department issued a stop work order based
upon the complaints of Mary Frost. It was determined that the garage was not the 17'6" as
depicted on the original plans. We submitted a modified COA depicting the structure at the 18'
height and the City Planning Department again approved the modified COA on October 21,
2010. The garage is still shorter in height allowed per the UDO. The structure is one story with
a storage (attic) space, which has also been referred to as a %2 story. If it is accurate to refer to
an attic storage space as a % story, then one can say it that way.
In short,the COA and modified COA were appropriately approved by City Planning. We
sincerely wish that Mr. Kerin and Ms. Frost had tried to resolve this issue with us instead of
using City time and resources. However, the City Planning Department followed all of the rules,
made certain that the garage complies by dotting every "i" and crossing every "t". The original
plans did depict the garage being 6" shorter than it really is. However at 18', it is still 6' shorter
than a normal 1 story structure.
1
Having resided at this home for more than two decades, I am very familiar with the
neighborhood and my neighbors. I recognize the need to talk to your neighbors. That is why
before starting out on this venture I communicated with them so that we didn't have any
missed steps or miscommunication. In early May 2010, prior to applying for the building permit
for a new garage, I spoke with Rick Kerin and explained that I wanted to build a new 1% story
garage. Rick's response was, "That will be about 18 feet tall." I responded, "Yes." One of the
reasons that I wanted a new garage is that the old one sat about 1.5 feet below the alley grade.
Every thaw the water from the alley ran into the garage, which contributed to rot.
On June 28, 2010 prior to signing the zero lot line agreement, I showed both Rick Kerin
and Mary Frost the garage drawings which indicated that the garage was 17'6"tall. Rick Kerin
and Mary Frost signed the Zero Lot Line Agreement stating that "conditional approval for the
division of the original lot required the two lots to agree to a zero lot line setback and that Kerin
and Frost agree to the required zero lot line set back as long as the construction does not
exceed the residence code for the City of Bozeman and a detached, one story structure." The
Zero Lot Line Agreement is attached as Exhibit F.
August 1, prior to pouring the monoslab for the garage flooring, Rick Kerin asked if we
could reduce the elevation of the slab. Greg Vidmar, my contractor, discussed this with Rick
Kerin and Vidmar Construction reduced the elevation of the concrete by 2 inches.
On August 10, 2010 the forms were being set up prior to pouring the slab. Rick Kerin
stopped the concrete workers from setting the forms and left a message on Greg Vidmar's
phone stating that the foundation "cannot go in that high" and that there was going to be a
"war here" if it does. Greg Vidmar called the crew and stopped construction and scheduled
the August 14 meeting with Donahoe, Vidmar, Frost and Kerin to discuss resuming work on the
project. That evening Rick Kerin trespassed on my property and pulled out some of the
concrete forms.
On August 13, 2010 Rick Kerin again trespassed on my property with survey equipment
and a surveyor.
On August 14, 2010 1 met with Rick Kerin, Mary Frost, Greg Vidmar and Mike Mullen to
discuss Rick Kerin and Mary Frost's concerns with the project. We reached agreement, agreed
to by Rick Kerin, Mary Frost, myself and Greg Vidmar to make the following alterations:
1: Agreed to lower the foundation by another 2", which is a total of 4";
2: Address Rick Kerin's concern about drainage between the garages by putting in a
French drain.
2
3: The parties agreed to split these additional costs with Donahoe paying$400, Vidmar
paying $500, Kerin paying$400 and Frost paying$300.
At this time Rick Kerin and Greg Vidmar discussed the need to move the electrical line. In that
conversation Rick Kerin acknowledged that the electrical line was at 22 feet and the garage
would be too close to that.
On August 27, 2010 the foundation was poured. After the foundation was poured and
while it was curing, Rick Kerin said to Pat Donahoe that he realized when they (Kerin/Frost)
built their new garage that they were going to have to elevate the height of their foundation.
He also indicated that it would need to be a bigger building, saying that there was no sense in
building a garage that you cannot park a pickup truck in.
From August 27 until September 28, Rick Kerin worked on his garage wall directly
adjacent to the Donahoe garage. Mr. Kerin installed flashing and dug out a tree root in
anticipation of the Donahoe garage. Mary Frost commented to both Greg Vidmar and Pat
Donahoe that Rick was taking too long to get this work done.
Then three of the trusses for the roof were put on. The project sat for about 10 days
waiting for Northwestern Energy to raise the electrical line. During the time, the roof line was
clearly visible. During this time, Rick Kerin was having his own house re-roofed and Pat
Donahoe had a conversation with him wherein he commented that the roof looked good
(meaning Kerin's roof). Rick looked at Pat's trusses that were in place and responded "Yeah. . .
it looks good, it's coming along." Rick then realized that Pat was speaking of Rick's roof and
acknowledged that.
After the first complaint to the City and the stop work order, Pat Donahoe and Greg
Vidmar requested that they be allowed to sit down with the City Planning Department, Rick
Kerin and Mary Frost to see if the issues couldn't be resolved. Mr. Kerin and Ms. Frost declined
and the City Planning Department passed that declination on to Pat Donahoe and Greg Vidmar.
On that same day, Greg Vidmar wrote a four-page paper with a suggestion to cut off 6"from
the roof, at Vidmar's expense. There was no response from Kerin or Frost to this suggestion.
That is how we got to this point. The City followed all of its proper processes. We have
an unfinished one story garage which is 18'tall. We would like to finish it.
3
Thank you for your time. We will be happy to answer any questions.
Sincerely,, Sincerely
Pat Donahoe Gr g Vidmar, Vidmar Construction
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EX
HIBIT
t.l It hermit Enr�nr atlon
i ar Vcx'r SUIItJ15ig ?ei=Tli't Shall Conform to 'ih a '^'olil0wing l2e -lia"fo as
current applicable codes:
2-006 Edition of the International Building Code,International Residential C-Ode,
international Existing Building Code,International Mechanical Code, 2003
International Energy Conservation Code, 2003 Uniform Fire code, and the
International Fuel Gas Code
2006 Uniform Plumbing Code';
2005 National Electric Code
2005 NFPA 99C Medical Gas and Vacuum Systems
�'-Iwners and contractors are responsible for knowing the exact location of all property
lines and locating them prior to the foundation inspection. Location of boundaries .shall
I
re clearly shown on the approved plans. if the site information is suspect, the building
inspector may require a survey of the property.
Approved pions and the Inspection Record Card are legal parts of the Building s'arrrlit
311ey shall both be available an site during each requested inspection. if these
docu;nent.9 are left on site, card shall be taken to keep them in good condition
t If there :are zany changes to the construction beyond what the approved plans
they,/ must be reviewed and approved prior to the changes being made on site. ,"ubr?!i
she Proposed riiarzges along with the current approved plans to the building det,ot ! zn
for. re--opproval
ill r�spec f!,1rt r ec�ard _ard identifies those items requiring inspection. It i7
rt s con'trortor' +n ';all fol' the appropriate
kin-tit' !respected and approved r l !e,
`rlspe::fion shAl i)y i;aVei^e. !n '
please c.ON1 'c2c:t 'tl-le Fluildinq (i vi3ion,
K!�il lit 1 "errnit requires that the work must progress in a titrteiy mars,
,..r,�;?+!car; �f, the i;ermit ,,till e:pi:,e and o new permit will be r*equireci
i �{ the permit !sst,ance. Work under a permit sh ail
i r> - � t a j o ' .� Ub ject to expir'ati0n if
i pd '�U3�%yn;isr; ";f�SGarl�(7,�`,d ��7!G ` h_� )..r�',
i�3e5 t1Ci _:r:Iil j or �d pass ore *,-)'I: �`?!� fJllohrinf f ig s .,ode required inspectioo
'mirderfloor Frame
r'rame (frame !nspn.wyi�n in.iudes ro�;gh Fl!,rit"irq, aiechaoic al and Ek?,c ,c-al,
Sheetrock
Final
Note: There are other required inspections shown on the Inspection Record Card,
These other inspections are not used in determining if the permit has expired or
not.
Please note that on commercial and residential projects requiring the Planning
Department's "Site plan" approval, a request for final occupancy should be placed
i+,a►o avuks in advance of your intended move-in date to secure approval from City
Planning, Engineering, Water/Sewer and Fire Departments, as well as the Building
.Inspection Division. The Building Inspection Division will rwt issue a Certificate of
Occupancy until all other departments have signed off their approvals.
During inspections, correction notices may be issued which identify work that does not
meet the minimum code requirements. No work shall continue until the corrections hale
been completed. Only with special authorization from the inspector shall any additionai
work continue. Re-inspections shall be called in order to verify completed work and to
-fear the correction notices.
C,uestions involving any code or inspection matters shall be addressed to the Building
Division for explanation and resolution. if satisfactory resolution is not received the
permit holder has 'the right to request that the Chief Building Official make a
determination. If the Chief Building Official is unable to resolve the matter, the perrTu'r
holder has the right to appeal the decision to the Building Appeals Board,
The International Building Codes allow for alternative materials cind rnetriods of
construction. Requests for, the use of alternative materials and methods of canst�!._ i, •,
shall be made in writing to the Building Division. It is the responsibility of the applic ant
,L) provide full documentation in support of the request Appeals regarding decisions 1
i-he Building Division concerning the altei riative materials and methods of construt:tic0ri
..an be made to the Chief Building O ficial.
1j• 3 ;are numerous underground utilities �Irithiri :-he city limirs ov,net°s and
w,z r:ispoosible for knowing the locations of all utilities that may run throi.tqh r+
?nsrruction site if 'Where are question :;oncerning iiiiderground Lltiliri✓S plea-4-
The underground Utilities renter phone number is 311
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FIELD INSPECTION CHECKLIST
2003 IaternAlondl Every y C Onservation Code (IE CD
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CITY OF BOZEMAN
`• �- K� DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Budding phone 406-582-2260
20 East Olive Street fax 406-582-2263
'.'! P.O. Box 1230
;� planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozemon.net
lane 9, 2010 EXHIBIT
Pat-ick M. Donahoe s
13 S. 6" Ave.
r307eman, MT 59715
RE: Certificate of Appropriateness application to allow the demolition of the existing garage and the
construction of a new garage/fitness room at 613 South 61h Avenue (#Z-101 12 COA/ADR).
%.ie,7r Mr. Donahc, ;
f die Bozeman Department of Planning & Community Development is pleased to award conditional approval
lour Certificate of Appropriateness (COA) application with no deviations for the project referenced
4bove. Please read the following paragraphs carefully, so that you fully understand what is required of you
-,nd what procedures follow COA approval. Administrative Design Review (ADR) Staff reviewed your
application materials to ensure the proposal maintains the underlying and desirable characteristics of
uctures and areas within the Conservation Overlay District. Following design review, ADR Staff forwarded
it recommended conditions of approval to the Planning Director who is responsible for the final decision.
I.t%-en the historic appropriateness of the proposal and its compatibility with the Conservation Overlay
l '1,,trtct, the project is approved with the following conditions:
.nditions of A prgval
I Please subm!t a revised scaled site plan showing the 6' 0" rear yard setback and 0' 0" (zero lot line
side yard setback Ion north property line) for the proposed detached garage,
1. A zero; to line agreement between the property owners of 609 and 613 South 6t' Avenue must be
1-ecor ded at the Gallatin County Clerk and Recorder's Office. A copy of the recorded document
must be submitted to the Department of Planning,
3 Under nc- rncumstances may a portion of the proposed detached garage be used as or rented as a
dwelling i1nrt, and
4 Please :,ubrnn a cut-sheet of the windows and doors proposed for the detached garage.
E-.asp be awarH. that as the applicant you must comply with all provisions of Title 18 of the Bozeman
r,!c,pal Cod-_ a,e applicable to this project, including but not limited to, the following
< de F'rovrsiom.
• Per Section 18,02.080 & 18.64.110, the proposed project shall be completed as approved and
conditioned it-, the Certificate of Appropriateness application. Any modifications to the submitted
and approved application materials shall invalidate the project's legitimacy, unless the applicant
submits the proposed modifications for review and approval by the Department of Planning prior to
undertal;ind said modifications. The only exception to this law is repair.
• Per Section 18.64.100.1', the applicant shall obtain a building permit within one year of Certificate
of Appror r,ateness approval, or said approval shall become null and void. Please call the Building
Department at 406-582-2375 for more information on the building permit process.
. . it . 1 1. 1 . 1
I, r,,tcnc r.rN;ri r,ti.: ,., '„i.�.i • i.!inn, c7dnnnishahci rF•r hf ,Y,
After the required materials listed above have been submitted to the Planning Department for review and
have been approved, the COA certificate (white copy) and notice (pink copy) will be released for your
project.
If you have any more questions, or if the Department of Planning can be of further assistance, please do not
hesitate to contact me at 406-582-2260. Thank you for your participation in the design review process and
good luck with your project.
Sincerely,
r
AI1,/s0n ristor, AICP
Associate Planner
E .J. COA & N: t„
CC Vidmai Crnsf wctic:n. GiFg Vidmar, 2210 Watts Ln., Bozeman, MT 59718
Buildinq D-, i,
Li office use only
PATE OF FINAL DECISION
DIRECTOR'S SIGNATURE r �'
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18.16.060 BUILDING HEIGHT
_ Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-U RMH_1
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18.16.070 RESIDENTIAL.GARAGES
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�-EK.O L01- I..IPF /AGREEIVO\I-i
Patrick 10. Donahoe of 613 South 6th Street, Bozeman, IVIT 59715 as owner of Lot A
and Richard T. Kerin and Mary Frost owner of Lot B of Amended Plat of Portions of lots
based cpon the recitals stated herein, do hereby agrees, require and bind all future
owners of said lots to the following zero lot line terms and conditions, with said terms
and conditions remaining in full force and effect and without amendment absent the
consent of the owners of both lots grid the governing body of the City of Bozeman.
WHEREAS, Patrick M. Dcnahce owns lot A in the City of Bozeman commonly
referred to as 613 South 6tb and lot 7 and 8, Block 41 Park Addition to Bozeman and
WHEREAS , Richard T Kerin and Mary Frost own lot B in the City of Bozeman
commonly referred to as 609 South 61h and lot 5 and 6, Block 41 Park Addition to
Bozeman and s
WHEREAS, the City of Bozeman Board of adjustments determined that the
creation of these two lots was in harmony with the purposes and intent of the Bozeman
Community Plan and were riot detrimental to the health, safety ci welfare of the
comrrunity and
WHEREAS, the conditional approval of the City of Bozeman Board of Adjustment
for t he division of the original lot in the above described lots require the two lots to agree
as the zero lot line setback.
NOW THEREFORE, it is agreed and an encumbrance is placed upon each of tot A
and I of B, more specifically identified above, shall be allowed and granted as zero lot line
setback so long as construction upon each lot shall not exceed a residence meeting the
code for the City of Bozeman and a detached, accessory, one story structure.
DF-tc-d ihis d y of.lune. 2010
Patrick K1. Donahoe Richard T, 1Ceri�
—. -
Mary Frost /\
�J EXHIBIT
b