HomeMy WebLinkAbout11-27-16 Public Comment - J. Boyle - Wallace & Babcock Site Plan Application Phase 1 Page 1 of 2
ATTN: Rebecca Owens City of Bozeman - Department of Community Development
Alfred M. Stiff Professional Building _ - --C
20 East Olive StreetD I.Bozeman, MT 59715 I I I V 11
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11/27/2016
LOV 8 2016
RE: Application 16478 DEPARJ'M N'I`uF
COMMUNITY DEVELOPMErI
Dear Ms. Owens,
I own the property(520 E. Babcock) immediately west of the Application. I would like to first
address the progression of development of the 548 E. Babcock (Application 16478), provide
an update on all the problems that have been caused by this property and address any new
development.
This location was originally permitted for a Catering Service Kitchen. It was limited to
preparation of food for Franks Catering Service and for that Catering Service and no other.
There were stipulations that the location must comply with in order to operate a Catering
business (Trash Enclosure, Shielding of roof top kitchen ventilation, no on site sales,
Ect.) Shortly after permitting the site began retail food service at the location in violation of
the permitting. The location was also doing food preparation for other restaurants (La Tinga,
etc...) from the location as well as selling retail food service and Catering.
The parking quickly became an issue and the previous owner came to an agreement with the
city to purchase "phantom sites" and provide some on site parking. The business operation
was not as applied for or allowed for from the public hearing on the original permitting. It was
a case of"repeatedly asking forgiveness rather than permission" and the city allowed the
business to continue operation. This only shifted the parking problem to 520 E. Babcock
interfering with our tenants businesses.
The business then expanded their operation to include the sale of beer and wine on
premises, extending hours of operation and compounding the problem. Following that
expansion the business then opened an outdoor kitchen and seating area to the east of the
kitchen and west of the house on the corner of Wallace and Babcock. The shielding of all
the roof top kitchen ventilation equipment was removed, the set backs have been
encroached upon and they have been operating an illegal dining area in the basement for
years. There are fire code violations and there has been no follow up by the city to ensure
any of the requirements of permitting are met.
When we developed the property at 520 E. Mendenhall we were required by the city to
provide adequate parking, modifications to maintain asthetic consideration of neighboring
properties, fire considerations for the basement operation and mandated Green Space.
None of these things have been required of the development of the 548 E. Mendenhall
property and these properties were developed during the same time frame. We don't
understand how it is possible that we have been repeatedly held to a different standard than
our neighbors?
There have been many problems caused by the continued refusal of the city to maintain the
standards required during permitting of the 548 E. Mendenhall property. The 500 block of E.
Mendenhall cannot tolerate the parking issues that it already has and it is a public safety
Sunday,November 27, 2016 AOL: JeffeyBoyle
Page 2 of 2
issue. As recently as October 2016 the police had to resolve parking issues and arguments
as a result of the lack of parking space. There have been multiple accidents with parked
cars and Babcock traffic. There is not enough room to park vehicles on both sides of the
street and have two clear lanes of traffic east bound on Babcock. Adding additional parking
pressure in that block will only increase the problem.
The intersection of South Wallace and East Babcock has many safety issues that will only be
compounded by more parking and traffic pressure. The vision triangle on the north east
portion of the intersection is totally obscured by parked traffic and in the summer also by
vegetation. There is no night lighting in this area and with all the trees it's very hard to see
people. It is inevitable that there will be injury to people exiting both drivers side and
passenger sides of vehicles parked on both sides of the street unless something is done
about the width and visibility of this section of Babcock.
The notice states that the property Location is 548 Babcock Street (at the corner of Wallace
Ave.) but the drawing does not show the house that is actually on the corner (different
address) involved in the project? Are both buildings involved in the project? It mentions a
"roof top seating area". What impact does that have on neighboring residential residents?
How is the street going to handle the additional parking safety problems? What if anything is
going to be done about the existing violations?
I am disappointed that the "NOTICE OF PUBLIC HEARING FOR A SITE PLAN
APPLICATION"was posted on 11/23/2016 immediately before a 4 day holiday weekend.
That means that land owners would, at best, would receive notice 11/28/2016 only one day
before the 10am 11/30/2016 meeting date. These dates are very suspect. I have plans to
be out of town on 11/30/2016 and therefore cannot attend the meeting.
I am requesting that the meeting be delayed until there is adequate time for the neighboring
property owners to review these plans, the planning department has time to address the
public safety issues and deal with the continued violation of the existing property.
I know that development of this part of Babcock is going to happen and have no intention of
trying to stop that. However, this property has continued to be developed by violation after
violation and without any recourse from the city. That must stop. Therefore, I am
determined to ensure that new development is done properly and with the understanding of
all neighboring property owners and not ramroded through the process without consideration
of impacts and existing problems.
Sincerely,
- Pre§'
4JDgnagem LC
PO Box 6161
Bozeman, MT 59771
(406) 580 - 5333
Sunday,November 27, 2016 AOL: JeffreyBoyle