Two-story addition causes concerns – Cody Enterprise

A Cody couples two-story addition built to accommodate a growing family has some neighbors fearing loss of privacy and property value.

Although city building officials had originally approved the addition on Carter Avenue near Dorse Miller Park, they had not approved designing the second story as a separate housing unit.

To proceed with construction of the upstairs apartment for a relative, James Morgan applied for a conditional use permit from the city planning and zoning board, notified neighbors by letter and advertised a public hearing.

Aside from privacy- and property-value concerns, opponents were upset the city had allowed the towering addition despite homeowner association rules limiting houses to 1-1/2 stories in the subdivision. They learned at the public hearing that since the HOA was no longer active, they would have to fight the addition through the courts.

After reviewing options with legal counsel and city community development staff, P&Z members granted the conditional use permit on a 4-1 vote.

Of 17 letters sent, neighbors from seven addresses responded. Five offered no objection. The two couples who objected in writing live across the alley. They spoke at the public hearing, saying at first they were glad to see the Morgans expand their one-bathroom house.

Those benevolent feelings quickly evaporated when they saw the second story go up with a separate living space accessible only from an outside stairway. They worried it would be used as a rental with rotating strangers looking down at children playing in backyards below.

Long-time resident Linda Hopkin said when she walks outside and looks up at great big windows across the alley, it feels as if shes in prison. She said people in their neighborhood get along and they visit with each other about their plans before starting a building project. That the Morgans hadnt come over to visit about the project in advance was hurtful.

Vince Hopkin didnt like the fact construction had started before notice of the accessory unit was sent. The letter arrived just a few days after people realized there was a second story, and so they didnt have much chance to provide input, he said.

He worried the infringement would lower his property value.

Greg and Sandra Kincheloe, who have lived on Beartooth Drive to the north since 1969, shared the Hopkins disappointment.

I dont know if theres a law against someone looking into your backyard, Greg said. But I dont like it.

Sandra said when theyd built an addition in 79, they were told because of subdivision covenants, no structure could go higher than 1-1/2 stories, and only one family was allowed per dwelling. Now, other homeowners are allowed to build based on a different set of rules.

Morgan spoke to clear the air, saying prior to the addition, he was unaware of previous discussions in the neighborhood or about zoning issues. The decision to build was made quickly after learning his mother-in-law intended to move in to help with child care.

I apologize for any ill intent, he said. We meant no harm in this.

Highland Manor Subdivision covenants were first recorded with the Park County clerk in 1956.

HOAs typically have a set of rules to keep consistency in a neighborhood. If adhered to, there are fewer surprises. They might keep excessive vehicles off the street, dictate some basic landscaping expectations or prohibit accumulated junk.

Apparently the Highland Manor HOA is no longer active, and several other two-story additions already exist.

That set a legal precedent, said Scott Kolpitcke, city attorney. When one covenant violation is allowed to go unenforced, it leads to the potential for litigation.

Todd Stowell, city planner, said the city is not party to those covenants and doesnt have authority over them.

From a legal perspective, we dont consider covenants, period, he said, while admitting the statement may seem harsh. And whether the subdivisions HOA is still valid could be questionable, he continued.

I wish we could enforce covenants, Steve Miller, P&Z president, said. But, unfortunately, theres no way we can.

The public hearing was solely for the accessory dwelling unit application in the R-1 district. Board members were to decide whether to issue a conditional use permit based on six or seven criteria, with compatibility with other uses in the area a main consideration.

As an ADU, the Morgans addition met most requirements. It did not exceed the allowed number of bedrooms, parking was sufficient, the double lot was large enough, etc.

Addressing privacy, Stowell said from photos, You can tell the [neighboring] property is definitely impacted.

As a potential solution, he suggested Morgan attach a fixed exterior shutter with slats that let light in and allow a person to look up yet block vision looking down. As a longer-term fix, they could plant evergreen trees. Frosted windows were another option.

Our thought is, if theres anything reasonable, they should provide it, Stowell said.

If the P&Z had not approved the permit, the area could still be used. But the Morgans wouldve needed to change the floor plan to remove either the kitchen, bathroom or living room.

What becomes of the addition if, at some time, your mother-in-law moves out? Miller asked, voicing a concern others had expressed about the apartments potential as a rental unit.

Morgan said his mother-in-law plans to stay with the family long-term.

As long as Im in the house, I wouldnt put someone in the house whos a danger to my family or the neighbors, he said. So no one should worry about that. Long-term, its in Gods hands. Theres no way to know.

Miller said hed feel a lot more comfortable if the second story were accessible from the existing house.

If we deny it, the buildings still going to be there, he said. Unfortunately, theres nothing we can do about that.

Buzzy Hassrick, board member, said it was unfortunate the addition hadnt been designed to fit better with the neighborhood, such as a split level add-on with a lower profile.

On the other hand, we cant say [he should] just lower it 10 feet, she said. Im conflicted.

While agreeing the board should approve the permit, she supported mitigation to address the neighbors privacy concerns.

So Im going to vote against it, she said.

Miller, Reese Graham, Heidi Rasmussen and Richard Jones voted to allow the apartment without mitigation. Kayl Mitchell abstained from discussion and the vote, citing personal and professional conflicts. Curt Dansie was absent.

Graham and Rasmussen encouraged Morgan and his neighbors to come up with a solution to privacy on their own.

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Two-story addition causes concerns - Cody Enterprise