Planning 2018-11-08 Item 3 - Adoption of 10/11/18 and 10/25/18 Minutes

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Page 4 of 6 October 11, 2018 BAR Minutes PUBLIC COMMENTS: Kalanchi Abraham, townhouse home owner, said that she lives in the unit north of Condo Building 14424 and that she has a vested interest in the new proposal. She said she had not heard of the new proposal prior to the public hearing. She asked staff a clarifying question regarding the recreation area being shared with the Condo Building. Staff confirmed that was correct and that the recreation space would become part of the Condo property. Ms. Abraham expressed many concerns with the project, she said the proposed project would extend within feet of her front door; the proposal is extremely concerning; although it is a Condo Building all four units are rented out and they have had a lot of issues with traffic, car break-ins and packages being stolen; before the fence was installed separating the area, people would often pass through from the condo building area through the Osterly Townhomes property; she was told before she purchased the townhouse that those condo buildings were secured and that they were already sold to Mike Overbeck; after she purchased the townhouse, Mike Overbeck said that he and the owners of the condo buildings were still working out the details and he did not own the condo buildings. Then he said they were no longer interested in selling their property to him; she was also told that the communal space would always remain there; the change to the communal space will directly affect her and her neighbor, as well as the other property owners; her property value and everyone who has purchased a home there will dramatically be lowered due to Mr. Overbeck's property not being well maintained; the parking proposal is extremely inconvenient and there is already a parking problem; the dramatic changes are a dis-service to the original eight homeowners, She said she feels really deceived and had she known any of this before she would have "one hundred percent" never purchased the property; all the issues have been a nightmare so far, including the delayed development; promises made by Mr. Overbeck have not be kept; she wanted it to go on the record that, "it has been extremely difficult working with Mr. Overbeck." Joshua Deming, townhouse home owner, said he agrees with most of Ms. Abraham's testimony. Mr. Deming also expressed many concerns with the project, he said the main issue going forward with Phase 2 is they were promised a different layout, and the big issue is parking. They were also falsely led into believing how the project was going to be, and the sale of the Condos was set in stone but it did not happen; the promise of the exchange of the property also duped a lot of the homeowners; Mr. Overbeck gave the condos two of their parking spaces for property; they were told there would be a gate for the parking between the two property lines. And the parking spaces would be for management; people are walking through the property aimlessly, there has been a spike in crime, which is worrisome if it is connected to the condos or derelicts; had he known this before, he would not have purchased this property, The main issue going forward is that he wants everything in writing, including an established timeline. When he purchased his property in early 2016 he was told the project would be completed in two years, but it is not half way completed. There is no HOA. The builder, Mike Overbeck is the HOA and he has not enforced any of the policies that he sent to the homeowners. Even though the homeowners have made numerous complaints, nothing the homeowners were promised has happened. Vice -Chair Martinez made a statement that the BAR is there to review information that is one hundred percent accurate and in front of them. He said he had some concerns from the presentation: the public comments; no HOA agreement; the release of property and the lighting review. He said the applicant has had ample time to fix the issues, as well as the frontage design for 34' Ave S and building elevations for 34' Ave S. He said he could understand the CC&Rs need to be revised from what's in the packet. He said there are certain items on which the BAR is entrusted to make decisions that affect everybody; the community, the City, the builder and the neighbors. As a Board they are responsible to make the proper decisions with the correct information in front of them. Staff noted that the applicant, Mike Overbeck, was not present at the public hearing and his representatives would introduce themselves. Bruce MacVeigh, Civil Engineer, for the applicant, provided background on the project. He said originally it was a one phase operation that included properties that Mr. Overbeck had control over and the three other properties had the older apartment buildings on the site. He said at one time that M6 Overbeck had a complete agreement among himself and the three other property owners to