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HomeMy WebLinkAbout1977-06-01 "22"7 Bozeman, Montana June 1, 1977 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 1, 1977, at l:l5 o'clock p.m. Present were Mayor Sedivy, Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, City Manager Gesko, City Attorney Berg and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on May 25, 1977, were approved. Public Hearin - A - (vicinit of B - boundar (R-3 or B-2) C - Grand Area as re uested b D - ) E on Baxter Lane This was the time and place set for continuation of a public hearing concerning the request of Mr. Carl Tange to rezone Block 3 and a portion of Blocks 1 and 2 of Tange's Addition lying between Baxter Lane on the north, Oak Street Extended on the South, the city limits on the west, Holiday Inn and Ramada Inn on the east from R-3 to B-2-T. Mayor Sedivy asked to be excused as chairman of the Commission and turned the chair over to Commissioner MacNab because of possible conflict of interest on the next two issues. I The issue involved had been tabled for a period of three weeks in order to send out written notices to give all concerned property owners within the adjacent vicinity ample opportunity to express their opinion. Edmund P. Sedivy, Jr. , legal representative for Brutger Companies Inc. , who recently purchased a portion of the property from Mr. Carl Tange, was present to offer further comments regarding the confusion that exists over the zoning boundaries for the area in question. Mr. Sedivy restated that in purchasing this property, his client was told this was in a B-2 zone by the Building Inspector, although this has been disputed by other city zoning maps. It was also pointed out that in B~2-T zone, all persons of the city have input into the actual use made of the property in such zone. Mrs. Bonnie Hash acted as spokesman for the residents in the area and presented a petition signed by 100% protesting the zone change from R-3 to B-2-T. She stated that this area should be left as a buffer zone between the North Seventh Avenue Commercial strip and surrounding residential properties. I Many persons who signed the petition were also ;in attendance and spoke in opposition to having the land rezoned. Mr. Tange, owner of the property, was also present and explained it was his understanding from the beginning that his property was to be considered commercial and light industrial warehousing. After extensive discussion, the Acting Mayor declared the hearing closed, and upon recommendation of the City Manager, it was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that action be delayed on the request for the _n._ ~ -- -~-~- 228 zone change for a period of two weeks for an on-the-ground inspection and additional study. On motion duly made and seconded, Commissioner Vandeventer and Commissioner Swanson voted Aye. Commissioner Vollmer and Acting Mayor MacNab voted No. The motion lost for lack of a majority. It was then moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the Commission acknowledge the request to rezone the above area from R-3 to I B-2-T. On motion duly made and seconded, Commissioner Vollmer voted Aye. Commis- sioner Vandeventer, Commissioner Swanson and Acting Mayor MacNab voted No. The motion lost for lack of a majority. (It was pointed out by the City Manager, that a problem still exists which has not been solved by either one of the proceeding motions. The problem is that the Ramada Inn Building is situated on land zone both R-3 and B-2. The next public hearing involves clarification, through an actual zoning process, of the exact boundary line between these two zoning districts on which this building is situated. For that reason, this matter and the next should actually be considered together, or almost cannot be considered separately. Not knowing the outcome of the next hearing, since it has not yet been considered, this matter shou~d possibly be delayed pending the outcome of that hearing, or to allow further study by the Commissioners.) It was moved by Commissioner Vandeventer, seconded by Commissioner Swanson, that action on the zone change be delayed for a period of two weeks for those who wish to make another on-the-ground inspection and addition study of the area. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Vandeventer, Commissioner' Swanson and Acting Mayor MacNab; those voting No being Commissioner Vollmer. This was the time and place set for the continuation of the pUblic hearing to I consider the request of Mr. Sedivy, on behalf of Brutger Companies, Inc. , to clarify the zoning of Lot 6 in Block 1 and Lot 2 in Block 2 and a 25' x 150' strip of Tange's Addition. The proposed site is located north of Oak Street, south of the Ramada Inn, west of North Seventh Avenue and east of the Carl Tange property which is presently vacant.. Both Mr. Sedivy and Mrs. Hash made statements similar to those made during debate of prior agenda item. Mr. Gesko acknowledged that there is an official mylar zoning map located in the safe, but that the Building Inspector has maintained an additional map on the wall in his office. In this case, the two are inconsistent as to the zoning on the lots in question. The City Attorney expressly stated the official mylar zoning map located in the safe is the official map. Following an extensive discussion, it was moved by Commissioner Vollmer, seconded by Commissioner Vandeventer, that the Commission delay action on Section B until a clarification has been received on Section A. On motion duly made and I seconded, Commissioner Vandeventer voted Aye. Commission Vollmer, Commissioner Swanson and Acting Mayor MacNab voted No. The motion died for lack of a majority. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the Commission recognize the mylar map in the vault as the official map and the lots in question are zone R-3. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner Vollmer; and Acting Mayor MacNab; those voting No, none. 2Q9 . I;,J._ The request from Barbara Blom and Marilyn McMillan, representing homeowners of the area from West Story Street on the north, to West Lincoln Street on the south, and from the east side of 4th Avenue to the alley separating South Grand and South Willson Street, to consider a recommendation from the Zoning Commission to change the zone from R-3 (Residential-Medium Density) to R...2 (Residential-Single Family Medium I Density) was presented. Mr. Greg Morgan, local attorney representing the applicants, addressed the Commission stating that the reason for rezoning from R-3 to R-2 was the preservation of the single family residences of the area. He stated ll7 (118% ) of the resident owners of the area had signed a petition in favor of the rezoning. Many of the property owners who signed the petition were present at the meeting and spoke in favor of the rezoning. Mrs. Blom and Mrs. McMillan stated their views in favor of the rezoning and submitted a few statistics of their count of non- conforming uses. Several property owners were present to protest the rezoning of this area. They felt that if they purchased a home or lots in this area they would need addi- tional income from an apartment -- something that would be prohibited by the R-2 rezoning. Members of the Zoning Commission explained the affect of the zone change with regard to non-conforming uses. If a non-conforming use is let to lapse for 90 days, I it then becomes an illegal use and cannot be resumed. The Bozeman Zoning Commission, having held a public hearing, recommended approval of the application for a zoning change from R-3 to R-2. The Commission concurred with the recommendation of the Bozeman Zoning Commis- sion, also concurred in by the City Maaager, and it was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the Commission approve the request for the zone change from R-3 to R-2. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Vollmer, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Commissioner Vollmer Excused - 4:00 p.m. This was the time and place set for a public hearing to consider the request of Ronald D. Greenig of 1013 West Babcock for a zone change from R-4 (Medium Density Apartments) to B-2 (Highway Commercial) Lots 17 and 18, Block H, of Story's Addition. Said land is located at l013 West Babcock; that being at the northeast corner of the intersection of 11th Avenue and Babcock Street. Mr. Joe Gary, legal representative for Ronald Greenig, addressed the Commission I stating the multiple listings and realtors had told him the area was zoned B-2 and Mr. Greenig purchased the property under this assumption. The appraisal of the property under R-4 is $l5,000 lower than the appraisal under the B-2 zone. Several property owners were present to oppose the approval of the zone change, stating that it is a residential area and should not be rezoned to allow a business. Following an extensive discussion, it was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the applicants request for a zone change - - --- - ~._-~---"--._- '230 be tabled for a, period of one week for further study and a legal opinion. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, commissioner MacNab, and Mayor Sedivy; those voting No, none. This was the time and place set for a public hearing to consider the request of I Neibauer Toyota to change the designation of a ten acre tract north of and adjacent to Baxter Lane, from an Agriculture~Suburban District (AS) to Commercial Light Industrial Manufacturing (M-l) . The property is part of a larger tract of land owned by the State of Montana. The applicant has' secured a long~term lease for the purpose of establishing a "Sales and service facility" for recreational and other vehicles and allied businesses. Mr. Joe. Gary, legal representative for Neibauer Toyota, was present and explained that he concurred with the Planning Board that it seemed appropriate to amend the Master Plan to reflect a mixed-light~industrial commercial designation for not only the ten acre tract under consideration by the Neibauer Toyota Co., but for the remainder of that particular state-owned tract, which totals approximately thirty acres. The Planning Board agreed that based on growth projections and an expanding local economy, that a "T" designation be attached to this area when and if the new zoning classification is approved. The Neibauer brothers were present to explain their purpose for wishing to I establish a ~Sales and service" facility in this area. The Zoning Commission, after consideration of the Planning staff's report,voted to recommend denial of the zone change request. The City Manager recommended against the denial of the request and. it was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission approve the zone classification of the ten acre tract north of and adjacent to Baxter Lane from AS zoning to M~l zoning. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Conununication from Pedestrian/Traffio Safet Committee re ro osed truck route to re leve South Wlllson Stephney Becker of 902 South Willson Avenue appeared before the Commission on behalf of the Willson Improvement Association regarding the proposed temporary truck route. Ralph Zimmer was also present in regard to the proposed truck route, explaining the reasons for disapproval of the proposed temporary truck route program. I Several other interested persons were present in regard to the truck route and to appose the temporary truck route on South Willson Avenue. The Commission acknowledged the request of the Willson Improvement Association regarding the proposed temporary truck route and assured the group they would take it under further advisement. ~..._- 231 Hearing 1977 Sidewalk & Curb Reconstruction program This was the time and place set for a public hearing to hear and consider the protests to the 1977 Miscellaneous Sidewalk and Curb Reconstruction proqram. The Mayor declared the hearing opened and invited all interested persons to I discuss the sidewalk and curb program and protest the reconstruction of certain portions of sidewalks. Approximately ten interested persons and property owners were present to discuss the program and to register their protests and complaints~ The purpose for having this hearing was so that persons who have received notice of intent to repair or replace sidewalks and curbs have an opportunity to come before the Commission and express their objections and protests. Following an extensive discussion, the Mayor declared the hearing closed and stated the individual protests will be brought back for action next week following a visual inspection of the area being protested. It was moved by Commissioner Vandeventer, seconded by Commissioner MacNab, that the Commission declare a recess on June 8, 1977, for the purpose of inspecting the property. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, and Mayor Sedivy; those voting No, none. Report I The City Manager commented on the report of the Director of Public Service and recommended it be accepted and ordered filed. It was moved by Commissioner MacNab, seconded by Commissioner Swanson, that the report of the Director of Public Service be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner MacNab, Commissioner Swanson, Commissioner Vandeventer, and Mayor Sedivy; those voting No, none. Designation of Joe Wolf as Acting City Manager for period from June 3-9, 1977 The City Manager requested that he be granted vacation leave of absence from June 3 to June 9, 1977, and that the Assistant City Manager be designated to perform the duties of the City Manager during this time. It was moved by Commissioner Swanson, seconded by Commissioner Vandeventer, that the request be granted and the Assistant City Manager be designated as Acting City Manager during this period. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vandeventer, Commissioner MacNab, and Mayor Sedivy; those voting No, none. I Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by commissioner MacNab, that the meeting be adjourned, and the motion was carried by the following Aye and No vote: 232 J those voting Aye being Commissioner Vandeventer, Commissioner MacNab, Commissioner Swanson, and Mayor Sedivy; those voting No, none. ~ r., Mayor I ATTEST: , /e~ . . /~A --' . '.. .!---:I./. E A V. HARDING ~ Clerk of the City Commisslon I I