As both Denice Kulseth and Ryan Ericson are aware, I am engaged with the Home Trust as regards the Argle project, and only as regards the Argyle project. To say the very least, I was surprised upon listening to yesterday’s presentation to the Town Council that it was represented by both Denice and Ryan that I agreed (or disagreed) with anything as regards Holliwalk. Well known to both, this was not the case.
I did indeed have an informal discussion with Ryan regarding the conditions imposed on Holliwalk by the Town Staff (per Ryan’s April 1, 2025 request for additional information). That discussion was, by my very explicit statement, specifically that I was not representing the Home Trust, nor debating or agreeing to any of the items on the list of conditions. My inquiry with Ryan, again explicitly stated, was solely for the purpose of understanding the conditions as a potential consultant.
Before concluding, I point out that any confusion on the part of the Home Trust is entirely understandable. For example, it was represented to you that the changes sought are because as owned units, these are now “townhouses” and thus different, more stringent code requirements apply. This was the basis of substantial discussion, and seeming acceptance of Staff’s position that “the Home Trust just doesn’t want to follow code”.
It does not require an architect, a planner, a Building Official, or a lawyer to understand the code in this matter. The code defines a townhouse in plain language as follows:
These units are clearly within “two-family dwellings” (sometimes called “duplexes”), with requirements that are distinct, and less than those for townhouses. Notably, the code makes absolutely no distinction between owned units or rental units. Two-family dwelling requirements apply to buildings that have two units and townhouse requirements apply to buildings that have three or more units. The buildings are properly built as two-family dwellings.
As the Town Council, it is my belief that you came to one correct understanding. This situation is unfortunate, and it can be readily solved. My sense is that to blame one side or the other for the entirety of the issue is unwarranted and what is needed is direction from you. Humbly, I suggest that direction be provided to Staff to facilitate wrapping this up with no additional physical requirements (other than life safety) and that the Home Trust be asked to address the ministerial items that Town Staff has asked for. I also believe that Staff is correct in that this can be wrapped up quickly, possibly by June 18th, with said direction from you.
Sincerely,
Karl Eberhard, Architect
