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Planning commission orders setback and drainage remedies after years‑long 55/59 Montana dispute
Summary
After five years of neighbor complaints and allegations of unlawful construction, the commission required the 55 Montana sponsor to set back the as‑built rear addition 7.5 feet from the property line and ordered remediation steps for drainage and foundation concerns.
The Planning Commission on May 7 directed the owner of 55 Montana Street to revise an as‑built rear addition and set it back 7.5 feet from the main property line after neighbors described five years of health, drainage and privacy harms caused by the structure.
Staff told the commission the case arose when permits originally issued as over‑the‑counter approvals for a deck were later found to have been misrepresented; photographs and field checks showed the structure exceeded the 10‑foot height allowed for an exempt deck and parts of the work were enclosed, triggering DBI enforcement and Notices of Violation. The Department required a discretionary review so the…
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