HomeMy WebLinkAbout05-05-15 Wilkinson Public Comment - Martin 402 W Koch Mod App Z15109 To the Bozeman City Commissioners and Department of Community Development:
As a neighbor, I received notice that approval of an amendment to a COA for 402 W. Koch will be
discussed at the May 11 commission meeting. I encourage you to put off this decision and slow the COA
approval process way down.
First, I realize you are well aware of the demolition debacle and unpermitted habitation of an above-
garage apartment involving this property. I commend you,especially Commissioners Mehl and Andrus,
for holding the owner's feet to the fire during last Monday's meeting in which you approved by a 3-2
vote a temporary use permit for the owners to live in the apartment.
Second, it seems apparent that the property owner, Brian Martin, lied to you and city employees while
defending the unpermitted demolition of this historic home. He first stated as quoted in the April 21,
Bozeman Chronicle, "I faced some unforeseen structural issues that needed to be addressed quickly and
as incredulous as it may sound, I just didn't think about the need to go back to the city in that moment."
Then last Monday night he stated, "That house was clearly a tear-down, and I was issued an incorrect
permit."This, in itself is a direct contradiction of what he first proposed in writing to the city in 2014
when he initially sought permission for a remodel of the historic home.
Given the inconsistencies in his story and tendency to blame the city where he went wrong, the COA
approval process should be slowed down. There are many questions that need to be answered first:
- What penalty will the property owners incur for violating several parts of city code?
- Given lack of precedent,what is the fair way to proceed with the rebuild? Should the owner
be allowed to be as bold or even bolder with his plans now that he has illegally rid himself of
the original structure and built and occupied a non-permitted ADU? j
- What role did the city play—how did it get to this place where rules are being so exploited?
- What will the city do in the future to prevent such significant and blatant violations from
occurring again?
Third, as a neighbor to this property, I do not want to be in the role of policing the owner's construction.
The circumstances were so dire, however,that this is exactly the position my husband and I found
ourselves in after the house was leveled to the ground and subsequently learning his garage-turned-
ADU was illegal. Clearly, the city needs to learn from this experience and enforce already existing
ordinances or impose new ones and more closely monitor approved plans and the resulting actual
structures.
What happened at 402 W. Koch were serious violations of city code that warrant serious attention and a
correspondingly serious penalty that sends a clear message to Mr. Martin and anyone else who might
assert that rules don't matter. By being firm, you are taking a stand to safeguard a valuable part of this
great city.
The historic district of Bozeman is a gem, held up by other communities as something to emulate and a
treasure for our state. Outside visitors are drawn to these neighborhoods because of their uniqueness.
The vast majority of people who want to live in the historic district come here with respect for the
architectural character and the laws protecting it, the friendly spirit that can be found here, and most of
all, shared pride.
Thank you for your work on this very important issue.
Sincerely, /A /
v�
/Jeanane"WW�ilkiinsonand Family
415 South 3`d Ave