Loading...
5. Tinseth and Associates Remodeling UpdateCity of Kalispell Planning Department 17 - 2ndstreet Fast, suite 211, Kalispell, Montana 59901 Telephone: (406) 751- 1850 Fax: (406) 751-1858 Website: kalispellplaning.com MEMORANDUM To: Jinn Patxick, city Manager From: Tom Jentz, Director Date: June 19, 2007 Subject: Rod and Sheri Tinseth - Setback Relief for Tinseth and Associates, North Meridian Road Rod and Sheri Tinseth are in the Process of applying for a building Permit in order to undertake some improvements to their property at 750 North Meridian Road. Work includes developing a parking lot on the north side of their building and extending the roof lime to the north several feet to provide a covering for the sidewalk along the north side of their property. The roof extension would run perpendicular to North Meridian. Road. They ran into an issue because the business is located in a B-2 zone which requires a 20 foot front yard setback for new construction. A portion of the proposed roof extension that was to cover the sidewalk would extend to within 20 feet of the front property line. According to the zoning, they would not be able to construct the first 15 feet or so of roofline extension as the entire office building lies within 5 feet of the front property line along North Meridian Road. They had two options, leave the first 15 feet of sidewalk along the north side of their building uncovered or pursue a variance from the Board of Adjustment. We had initially indicated that it was not a clear case for a variance but that they could pursue this course. They then ,wrote a letter to the council looking for assistance in their plight. Since writing that letter to the council I met with Rod and Sheri on Friday, June 15, 2007. We had a constructive meeting. However, it became apparent that they had several issues to deal with and some decisions to make before they pursued this project and a possible variance. These issues included the fact that their property has no legal access onto Meridian and they may not have enough room to create a parking lot along the north side of their building that they were intending to build the covered sidewalk for. I will describe the issues below. Tinseth Letter response June l 9, 2007 Page 2 Les Tinseth, on July 12, 2001, entered into a Right of way Agreement with MDT as part of the Meridian Road expansion. Les sold the front 15 feet of this property as it fronts along Meridian Road to MDT for the Meridian Road expansion. This effectively reduced his front yard setback from a legal 20 foot setback to just 5 feet making his building non --conforming under zoning due to setback issues. (That is why Rod is now having the setback issue with his roof expansion) . He also sold all access from his property onto Meridian Road to MDT. The sales agreement was for 97% of the appraised value of the entire land and building. The sales agreement stated that: • This compensation included all damages to the remainder. • It is mutually understood and agree that the Grantor's remaining property is landlocked and without any remaining access to the highway or to other public or private roads and the Grantors hereby relieve the Grantee of any liability or responsibility to provide access to the remaining landlocked property. • The owners were given the option of receiving any eligible relocation assistance payments from MDT for moving costs but could only receive such payments after they vacated the property. They did not vacate the property at that time so obviously they did not take advantage of any relocation assistance. Rod and Sheri Tinseth have now purchased the land from Les for a much reduced price. In addition, they were not fully aware of the impact of the conditions of the MDT purchase agreement. They are now in the process of working with their neighbors to see if they can acquire an easement for access out of their property (They are using a temporary one now) . They are reviewing the land on the north side of their business to see if they have adequate land to accommodate both the parking lot they wanted to develop and the sidewalk that they were originally planning to build the covered walkway for. After discussions, they were not sure there was enough room. They are also discussing whether or not they should move the entire building back away from Meridian to get away from the green utility box in their front yard or remove the entire building and construct another building near the rear of their site because of the current site limitations. At this time there does not seem to be a need for any special council action. Tinseth and Associates INC. 750 North Meridian, P.O. Box 7577, Kalispell, Mt. 59904 Phone (406) 752-8576 Fax (406) 756-1871 May 26, 2007 To Madam Mayor and the council members of the City of Kalispell, As you may know, there has been extensive road work done on Meridian Road. As a result, we now have an unsightly green junction box (see enclosed photo) at the entrance of the building. To take the focus off that, and improve the took of the whole area, we'd like to move our main entrance to the side of the building making it more accessible and convenient. We are asking for permission, for a short extension of our current roof line on the north side of the building. This is to cover the walkway and wheelchair entrance, making it safer during bad weather for clients, while also improving the loop of the building. We have been denied permission to do this, on the basis that the roof addition can not come within 20 feet of the property line. This would leave the wheel chair ramp exposed to falling rain and snow, making it more slippery during bad weather. Please rote, we are not asking to have the roof addition any closer to the front boundary line, than the existing roof already is. Enclosed you will find photos of buildings that have been greatly improved by the recent addition of protective roofing or other construction, right up to Kalispell City sidewalks. These non -cookie cutter buildings are full of personality. They give the area an open and friendly look and are a real asset to the City of Kalispell. This is the feeling we hope to attain with improvements (and paving) which are currently halted by this complication. Thank so ch for yoVtime and attention to this matter. rr t Rodney and inseth Tinseth & As ociates Inc.