DearCommissionersandPlanningstaff,
FollowingtherecommendationfromthePlanningCommissionCommitteeattheSeptember7th, 2023hearing,wemadeanotherefforttoobtainourneighborMs.Harmon'sconsentforour remodelingproject.Pleaseseetheattachedproposalforacompletelyseparatedrivewayfor Ms.Harmon,whichwediscussedwithheronSeptember14th,2023.Unfortunately,shedidnot acceptthisproposal.ThisarrangementwouldhavemadeourChallengeCourtcul-de-sac symmetricwiththedrivewaysat104and106,similartothoseat103and105,whereeach homeownerhascompleteownershipoftheirownland.
PriortotheSeptember7thhearing,weengagedinmultiplediscussionswithMs.Harmon regardingourremodelingproject.ThesemeetingswerebetweenJan21st2023andSept7th 2023:
1.Firsttime,wemettoexplainthedetailsoftheremodelingproject.
2.Inasubsequentmeeting,weprovidedanoutlineinourpropertyindicatingwherethe additionwouldbelocated.
3.AfterMs.Harmonconsultedwiththeplanningteam,sherequestedfivemodificationsto thedesigninordertogiveherconsent.Weagreedtoallfivechanges,butshelater withdrewtogiveherconsent.
4.Finally,weapproachedheragainafterthehearingtoattemptfurtherresolutionas mentionedabove.
Wesubmittedtheprojecttoremodelourhouseinaccordancewithourpropertylinesetbacks andcityguidelines.Asimmigrantsinthiscountry,wemadesurewecomplywithallthecity codesfortheprojectofremodeling/additiontoourproperty.
DuringthehearingonSeptember7th,2023,ourneighborsubmittedadocumentclaimingan "impliedeasement,"aconceptwewerepreviouslyunfamiliarwith.Sincethen,wehave consultedmultiplerealestateattorneystobetterunderstandourrights.Basedontheiradvice,it isclearthatourneighborcannotvalidlyclaimanimpliedeasementonourproperty.
WerequestthatourapplicationbeapprovedbecausewemetalloftheCity’srequirements.We lookforwardtoyourdecision.
Kirti Patel <[email protected]>
Follow up on our proposal
Kirti Patel <[email protected]> Sat, Sep 23, 2023 at 5:20 PM To: bborter <[email protected]>
Hi Bill,
Hope you both are doing great.
It’s been over a week (Sep-14th) since we met and discussed the proposal of having a separate driveway for yourself.
The proposal was to solve both the access and property value concerns you have raised.
This meant reducing the front grass area of your front lawn to accommodate expanding an additional 9 ft of the driveway area in your property.
I provided the printout last time, and the same document is attached in this email for reference. This document has just the bullet points that we discussed in detail verbally, so I am providing the explanation in email.
As you mentioned in the planning commission hearing, you are planning to buy an RV in the near future and would like to park in the driveway. It will be easily possible to park the RV and both your cars in the new proposed separate driveway solving parking concern. In our cul-de-sac, 105 challenge ct have a separate driveway without sharing with the neighbor, check their driveway usage. They are able to park a 2-4 people RV with a couple of cars next to them. Your new driveway will allow you to park similarly.
103 challenge ct and 105 challenge ct have been using their individual driveways for almost 60 years. In our cul-de-sac everyone has their own driveway except us (104 and 106).
As cars are getting bigger every decade, similarly the house needs are also expanding. These houses were built almost 60 years back, now there are new living standards and needs for families. Having a separate driveway for both properties 104 Challenge Ct and 106 Challenge ct has multiple benefits vs continuing to have common hammerhead driveway.
Once we have separate driveway and 106 challenge ct adds 550 sq ft in the front, it will increase your property value with the potential for the new home buyer of 104 to build similarly.
Just check this house (1191 Balclutha Dr) in our neighborhood that was sold last month. In today's market with a 7% interest rate, this house where the driveway space is limited went for over $221,000 over asking price at $1,143/sq.ft price. Imagine if the buyer had the option to add 550sqft in the front plus can park 2 cars in the driveway in a cul-de-sac area, what prices it can fetch vs the house (644 Matsonia Dr) your real estate agent mentioned in the comments which was sold for $60,000 below asking price with $1,011/sq.ft price earlier this year with 6% interest rate having a hammerhead driveway.
Similarly 650 Matsonia Dr was sold for $315,000 over asking price at $1,079/sq.ft price in 2018 (5 years back) much higher than the price with hammerhead driveway house in terms of per sq ft price.
This clearly shows that having a hammerhead driveway is a negative thing for today's home buyers. All single family home owners want their own private driveway which is more desirable.
I agree you have been living in this house/city for 37 years but as you see in everyday life, things are evolving around us and we should adapt to those changes as well. Notice the city and overall peninsula/bay area and beyond, you will see construction everywhere. There is a need for more housing and a bigger house. Let your neighbor fulfill their family needs with the benefits that it brings to you if you have a separate driveway.
As in the proposal we have mentioned of covering the 50% cost of your new driveway, but if cost is the factor for moving ahead with this proposal, please let us know.
As a good neighbor for the last 12 years, I am thinking of a positive future for both of our houses. I want you to look at the proposal holistically and hope you would like to go with the new proposal given all the benefits it brings.
Thanks and have a great weekend
Kirti
104 Challenge ct - new driveway proposal.pdf
35K
2mainconcernswithcurrentadditionto106challengect:
1.Drivewayimpacttogoinandcomeout
2.Propertyvaluegoingdown
PROPOSAL:
Haveaseparatedrivewayfor104challengect.
BENEFITS:
1.Makeuseofthespaceavailableinfronttodoadditionwhichcanbeusedinbetterway
2.Thiswillfetchtopsellingprice
3.Sellingpoint:Nextdoorhousehasadded550sqftinthefront
a.Buildcost:$500-600/sqft
b.Sellcost:$1200/sqft2timesbuildcost
4.Canpark4carstotal
a.Goodwhenguestswillcome….Moretandemparkingspace.
5.Inourneighborhoodveryfewhouseshavetheoptiontodoadditioninfrontaswehave the20ftsetbackandalotofcommonspaceinbetweenourproperties.
6.Like105challengect(morethan900sqftdriveway)
7.Brandnewdrivewayasagoodsellingpointwhichisgoodforanother25-30years
8.Willbeabletoparkrecreationvehicle
CONS-IFWEDON’TBUILDANEWDRIVEWAY:
1.Easementisnegativeforbothpropertiesasbuyerswouldnotliketobuyahousewhich haslegalbindingwithneighbors…itcanalwaysrunintoconflicts/problemswiththe newneighbor…
a.Newownersofapropertycanbringtroubletoneighbors
2.Easementwillreducebothpropertiesvalue
3.Bothpropertiescan’tusethatportionofland,whichweown.
COSTSPLIT:
Wecanpay50%ofthecosttobuildyournewconcretedriveway.Itwillroughlycost around$25,000tobuildanewdrivewayincludingthepublicworksforthenewapproach.
Thiswillgiveyouabrandnewdrivewaywiththebenefitswediscussedearlier.
Single Family homes in neighborhood
with curved driveway
103 and 105 challenge ct view of
using their driveway and garage
103 and 105 Challenge ct - Space between garage eave to the property line - 28 ft <-28 ft ->
<- 28 ft ->
104 Challenge ct - Space between garage eave to the property line - 28 ft <-28 ft ->
Single Family homes in neighborhood with curved driveway Address Lot size Property line to garage eaves distance 650 Matsonia Dr 5,606 sqft25 ft
103 Challenge Ct 5,967 sqft28 ft
105 Challenge Ct 8,407 sqft28 ft
106 Goldhunter Ct 6,490 sqft23 ft
114 Goldhunter Ct 6,621 sqft25 ft
636 Harvester Dr 6,185 sqft26 ft
1191 Balclutha Dr 5,795 sqft23 ft
104 Challenge ct 8,058 sqft28 ft