HomeMy WebLinkAbout04-04-16, Stober, Pine Meadows Subdivision March 30, 2016
D
City Of Bozeman APR 0LI 2016
Department of Community Development
P.O. Box 1230 uI._i_ �rML�v-r 0 F
COMMUNITY DEVELOPMENT
Bozeman, MT 59771-1230
RE: Pine Meadow Major Subdivision Preliminary Plat Application Number
16-041
Dear Planning Board and City Commissioners:
I'm going on record to oppose the design of the 17 small (and 1 big one) lots
that is being proposed for this subdivision. I bought my property on Valley
Drive over 30 years ago knowing that covenants were in place that would not
allow development that was not "beautiful and harmonious" with what was
already here.
There exist now 8 houses on half-acre lots on the west side of Valley Drive,
the Smith Subdivision, and the proposed 18 homes on the east side would
certainly not be "beautiful and harmonious". Honoring the covenants that
exist (12' setbacks on each side of each house), with the exception of the one
large proposed lot, each house would be limited to no more than 26' wide.
Assuming each house has a two-car garage, can you imagine what they'll
look like?
In prior meetings with City officials, they have made it plain that they will
not enforce our currently existing covenants, the covenants that the developer
was aware of when he purchased the property. Fair enough. But it seems
that the City will not respect those covenants, either, which I find somewhat
disturbing.
From what I understand, the City is insisting upon the density that the 18 lot
proposal provides, thereby putting the developer in the uncomfortable
position of being open to lawsuits defending the covenants.
Is that what the city is all about? Pitting neighbors against neighbors in civil
actions? Is that a good use of an already over-stressed legal system?
At a meeting with the developer and his real estate agent, the realtor, when
asked, said he "didn't know if larger lots would sell". I have a feeling his
answer was based more than a little in the fact that the commission from 17
lots (one lot is the developer's own) would be more than from 11 or 12 lots.
I think it's very obvious that there are all kinds of buyers out there, and I have
no doubt that buyers could be found for larger lots, for people that would
prefer to have a larger yard, some "elbow room".
I assume that some of you own homes where covenants exist. Perhaps you
bought your home because of the covenants. Now I ask you to imagine the
City forcing a development on your neighborhood that would be in violation
of your covenants. I'm not asking for the City to enforce our covenants, just
that you respect them, and allow the developer a variance to allow for larger
lot sizes. This would help ease some of the concerns of the existing Valley
Drive residents, while easing the developer's mind concerning legal action to
enforce the covenants. My preference would be for half-acre lots,just like
what is on the west side of Valley. That would truly be "harmonious". If that
is just not possible, than perhaps 12 lots, allowing for the existing covenants
to prevail (as they legally do), could be acceptable.
All in all, a lot of us in Smith Subdivision have been losing sleep over this
issue. I believe all of us knew that eventually, the parcel on the east side of
Valley would be developed, but having a development that doesn't meet our
covenants "shoved down our throats" is not something that we had
envisioned.
Furthermore, although the City has maintained that they will not force-annex
us, it was presented, to me at least, by the developer as something of a threat
(in fairness, he may not have meant it that way): annex now, and accept an
obligation of almost $75,000 (later reduced to nearly $50,000 when the City
relaxed its requirement for sidewalks on the west side), or pay more when
you eventually will be forced to annex. And by the way, your property may
be flooded by rain and snow-melt runoff if you don't agree to annex and pay
up now. I don't know how you would have reacted to something like this, but
I can assure you it did not go over well with me.
We in the Smith Subdivision currently have "affordable housing", something
the City refers to often, and we live within our means. Facing the prospect
virtually "buying" my current home all over again, is not pleasant. I'm nearly
60, and don't have the "working years" left to do that. For the 4 out of 8�f
us
in the Smith Subdivision that are already retired, I can only imagine what
they're going through. Plain and simple, many of us are faced with losing our
homes if we are annexed.
I drive a 29-year old truck. A new car would be nice, but I can't afford one. I
can't afford to help subsidize this development and submit to the ongoing
higher City taxes and fees, either. I think all of us in the Smith Subdivision
are in the same boat, which incidentally we might need if the developer
floods our properties.
I'm not against the development if it's done in a manner consistant with the
covenants that are on the land, but the City needs to allow a density variance
to the developer so that can happen.
I would also like to be assured that the drainage issue will be addressed
nd
the developer will be required to build such that we who own property on he
west side of Valley will not be adversely affected.
Thank you,
jil ,tfi
Stober
395 Valley Drive
Bozeman, MT 59718