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BelmontAddition - Threat of litigation over 5902 Goliad

BelmontAddition - Threat of litigation over 5902 Goliad

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Published by AviS.Adelman
BelmontAddition - Threat of litigation over 5902 Goliad
BelmontAddition - Threat of litigation over 5902 Goliad

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Categories:Business/Law
Published by: AviS.Adelman on Feb 19, 2013
Copyright:Attribution Non-commercial

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07/10/2013

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From:
Belmont Addition <belmontaddition@yahoo.com>
To:
Brittany Bailey <bbailey@hrhoustongroup.com>; Dusty Cooper<jamescooper00@yahoo.com>
Cc:
Belmont Addition <belmontaddition@yahoo.com>;"sbranan@greenbrookhomesdfw.com"<sbranan@greenbrookhomesdfw.com>
Sent:
Saturday, December 15, 2012 1:24 PM
Subject:
Re: ResolutionsDear Brittany and Dusty:Thank you for reaching out to us in an attempt to find a mutuallysatisfactory resolution of our dispute. We would very much like toreach a resolution with you and put an end to this dispute and avoidfuture litigation over this matter. I am sure you feel the sameway. Toward that end, some of our neighbors met this week, and wehave come up with three possible resolutions that we hope represent acompromise acceptable to both you and the neighborhood. In comingup with these resolutions, we tried to consider the things that you saidare important to you (i.e., preservation of green space, having anattached garage, the view into your back yard and an open floor plan)and the things that are important to us (preserving the lot grade,maintaining the maximum number of stories at 2, garage placementand setbacks).It is not our desire to dictate the design of your home; we simply wishto preserve the standards the neighborhood deems critical to theongoing success of our ordinance. We feel that each of these proposalsrepresent a sort of splitting of the baby in that they attempt to preservethe things most important to both of us but require each side to give upsomething substantive and important to them in order to reach acompromise. While these options are the ideas we had, we are
 
certainly open to other ideas that offer a true compromise and alloweach side to preserve some of what is important to them.
Proposal No. 1
: Build the entire structure at the original grade level
 
(with no subterranean portions) with no more than 2' of raisedfoundation or crawl space. With this option, we would be willing toallow (a) the attached garage (at original grade, not below the grade) inits present location under the second story and not behind it, (b) thefloor of the garage to be at grade so long as the rest of the house is nomore than 2' above grade, and (c) a full 24' driveway from the street tothe garage. By raising the garage to the grade level, this allows you tomaintain the maximum amount of green space, maintain your openfloor plan and keep the garage attached to the house. For us, thisproposal eliminates the need for the partially exposed subterraneanlevel under the front part of the house and restores the lot to itsoriginal grade, thus addressing our lot grading and maximum of 2stories concerns. What you would be giving up is the view to the backyard, and we would be giving up on the setback, driveway widthlimitation and garage location issues.
Proposal No. 2
: Redesign the house such that the maximum distance
 
from the floor of the garage to the peak of the roof on the front sectionof the house is 30 feet or less. This approach allows you to maintain allof your objectives in some manner. Working with your architect, webelieve that it may be possible to achieve this by lowering thefoundation of the front and raising the garage a bit in such a way toreduce the impact of a 3-story home from the street and preservingsome view and access to the backyard. In this scenario, we are givingup at least something on everything that is important to us.
Proposal No. 3
: Move the garage to the rear of the lot and build the
 
remainder of the house at original grade level with a maximum heightof 30 feet. With this option, we would agree with a subterranean

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