Betton Hills Neighborhood Association Minutes

January 3, 2007

 

 

Dean Hansen called the meeting to order at 7:30 PM.

 

Attendees were:  Elizabeth Jenson, Tom Vickers, Kathy Moulton, Melissa Jacoby, Bill Jones, Andy Fink, Mike Brezin, Dean Hansen, Peter Butzin, Donna Legare, and guest, Cynthia Perny.

 

The minutes were approved as posted on the Internet.

 

Donna Legare presented the report of the Treasurer as follows:

 

Treasurer’s Report, December 6, 2007                   

Submitted by Donna Legare, 386-1148

dlegare@comcast.net

 

Balance as of December 3, 2008: $7,140.39

 

Checks written since last report:

none

 

Deposits:

12/10/07              $40.00                        dues and funds

01/03/08            $110.00             dues and funds

 

The treasurer’s report for January was approved.

 

Discussion focused on controversy pertaining to the Millers’ outbuilding on Lee Avenue. Melissa and Kathy reported the issue.

 

On November 8th Kathy Moulton attended a meeting with the Matalons (the complainants in the case) and chaired by Mr. Herman, with the City’s Growth Management Department. During the course of this meeting, Mr. Herman admitted that the city erred in issuing a permit for this accessory structure. He explicitly stated:  “We should never have permitted this structure.” He also offered to serve as mediator between the Matalons and their neighbor in order to help mitigate the situation. Mr. Herman asked the Matalons to think about specific ways the city could help them deal with the problem and requested that they get estimates for what it would cost to extend their fence along the property line and plant trees or shrubbery to help block their view of the structure. 

 

Later, apparently on advice from the City Attorney, Mr. Herman withdrew the offer to mediate, and at this point the Matalons requested a meeting with Commissioner Lightsey, which took place on December 18th with Commissioner Lightsey and City Attorney Jim English.  Melissa Jacoby also attended. After the Matalons presented their information and photographs,  Mr. English stated that he would send a memorandum to Bob Herman to advise that the building permit should not have been issued and that it should be revoked and the structure removed.  He did not mention compensation, but expressed that resolution would likely be a lengthy process.  He did state that, as city attorney, he could only make a recommendation and that the decision was ultimately that of the city manager.  

 

Apparently the Millers have received a letter from the city advising them to tear down the outbuilding.

 

Kathy and Melissa agreed that although the structure is not compatible with the neighborhood, no action is advised for BHNA. 

 

Donna defended the Millers as being responsible neighbors, despite the controversy over the outbuilding. Cynthia Perny also spoke on behalf of the Millers, indicating that theirs is one of the original homes in Betton Hills and in keeping with the neighborhood’s original character. She also suggested that the controversy may relate to differences between older, more modest homes, with outbuildings and single garages, and the newer, much larger homes which are being built in the neighborhood. She feels that the Millers’ outbuildings are similar to others on Lee Avenue which have been allowed to stand.  She defended the Millers as being “nice people and good neighbors”.

 

Elizabeth also felt that the Board had been presented with only one side of the issue, and expressed the opinion that homeowners should not be prevented from building modest structures on their property.

 

Mike suggested that while BHNA need not become involved in the controversy between the City, the Matalans and the Millers, we should work with the city to establish either a full ordinance, or “overlay ordinance”, to prevent such structures from being built in the future. However, he pointed out that an overlay ordinance requires approval from a extraordinary majority of neighbors and will require considerable effort. Peter agreed by pointing out that while the City may not want to regulate aesthetics, clear, enforceable standards can be established to prevent inappropriate structures. Dean asked for volunteers to suggest specific recommendations. He also suggested that we need to research whether there is a height restriction for outbuildings.

 

Donna suggested that much can be accomplished by planting hedges designed to block neighboring views of obtrusive structures.

 

No further action was taken in the matter, other than a concensus that BHNA would not be involved in the controversy that has arisen from the mediation between the Millers and Matalans.

 

Bill Jones reported that the caroling on Harriman Circle on December 24th was a resounding success.

 

Arbor Day will take place at 9 AM on Saturday, February 9th. It will be a relatively modest effort, which will focus on planting fruit trees in McCord Park and perhaps a Kumquat tree in Crittendon Park, which memorializes a small neighborhood child, who died a year ago.

 

There being no further business, the meeting adjourned at 8:20 PM.

 

 

Respectfully submitted,

 

Peter Butzin, Secretary