HomeMy WebLinkAbout09-14-18 Public Comment - M. Cok - Rainbow Creek Annexation and Zone Map Amendment COK KINZLERPLLP
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35 NORTH BOZEMAN AVENUE BOZEMAN, MONTANA
BOZEMAN, MONTANA 59715-3627 MICHAEL D. COX 59771-1105
TRAVIS W. KINZLER
PH: 406.587.4445 JONATHAN M. COX Px: 406.587.9465
September 14, 2018
Bozeman City Clerk
121 North Rouse Avenue
P. O. Box 1230
Bozeman, MT 59771-1230
Re: Rainbow Creek Annexation & Initial Zone Map Amendment
Application 18-240
Dear Bozeman City Clerk:
I write to you to voice my opposition to zoning the property in this application as R-5.
Annexing this property and zoning it R-5 would be inappropriate and probably violate the
laws regarding zoning.
This parcel is located immediately adjacent to Baxter Meadows Subdivision, which was
developed as a large, more than 500 acres, subdivision. It was zoned for multiple uses,
commercial, business, multi-family residential, and single family residential. The
subdivision is fully developed on its west end, north of Baxter Lane. This western part of
the subdivision, north of Baxter, is all single family homes on larger lots. There are smaller
lots with single family homes as you move east and many multi-family housing units.
The western lots are owned by families who paid more for larger lots and who spent
additional money to build larger single family homes. Approving R-5 zoning adjacent to
these homes fails to respect the careful planning of Baxter Meadows Subdivision. It takes
value from homeowners who invested significant amounts for their homes next to the
property at issue, hurting many to benefit one.
Zoning this property as R-5 would likely be "spot zoning," which is illegal in the state of
Montana. The requested use is significantly different from the prevailing use. The area
in which the requested use would apply is small. It would benefit only one landowner. It
is essentially special legislation designed to benefit a single person. This special use also
would not comply with the comprehensive plan approved by the City for Baxter Meadows
Subdivision.
Bozeman City Clerk
September 14, 2018
Page 2
1 live next to the Baxter Meadows Subdivision at 3300 Harper Puckett Road.
The Zoning Committee overwhelmingly voted against this proposal and we request the
Commission do so as well.
Yours very truly,
COK KINZLER P 'P
Michael D. Cok
mikecok(a)cokkinzlerlaw.com
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