[MissoulaGov] committee update 7-15-09

[hdgray at modwest.com]

Everyone,

I have used the envelope method on all hillside homes I have designed
since the city first mandated hillside requirements.  I have not needed to
measured from a "fill" finished grade but always from existing grade using
the envelope method.  The envelope method is quite restrictive to the
verticality of the building's design but feasible. The envelope method in
combination with other rules restricts tall downhill building facades.

Dave Edgell discussed with me at PAZ when fill is needed on hillsides and
it would only occur on the steeper buildable slopes. His point was this,
it is very possible that the basement floor elevation may be above the
existing grade on steep sites.  If an owner wanted to walk out of their
basement they would be above grade.  Fill would need to be added to bring
the finish grade elevation closer to the floor level.  The hardship of
this type of site is that the slope is really working against the building
and site design. I think it would be reasonable to allow a portion of the
buildable area of this steep lot to be filled and allow to be used as
existing grade as the point of measurement as long as it was executed
correctly. Rules on how this could be done would need to be created but
would address a valid hardships.

Fill can be installed that blends into the natural grade so that it is
unnoticeable.  As long as the entire downhill side of the home is not
filled it would have a small impact on its' neighbors.

Views are a related issue but building height measurement is the wrong
place to have this discussion.  The right to have a view over someones
property and thereby taking away the right of another land owner may or
may not be valid.  I live in the valley floor and cannot make my neighbors
not build on their property to block my view of the mountains around
Missoula.  Should the hillside property owner's have special rights over
their neighbors? If they should without compensating the effected owner it
should be on a conditional and case by case basis, not as of right. Money
rolls up hill but as of right view sheds should not.

Sincerely,

David V. Gray
Architect
1731 S. 11th West