HomeMy WebLinkAbout11-13-18 Protest - P. & M. Routhier - Rainbow Creek Annexation and Zone Map Amendment LETTER OF PROTEST
FROM: Paul & Mary Routhier Nov 13, 2018
2486 Arabian Avenue
Bozeman. MT, 59718
TO: Bozeman City Commission
CIO: Bozeman City Clerk
121 N Rouse avenue
P O. Box 1230
Bozeman, Montana 59771-1230
SUBJECT: File 18-240 Rainbow Creek Rentals annexation and zoning request
We, the homeowners of 2456 Arabian Ave, protest zoning the above subject property as
RA and submit this letter of protest because we will not be able to attend the Planning
Commission meeting on 20 Nov 2018, nor the City Commission meeting on November
26 2108. This rezoning reclassification request is de facto Spot Zoning, and therefore
illegal pursuant to the dictates of the Montana Supreme Court.
As you know, In 1981, the Montana Supreme Court adopted a three-part test for spot
zoning with Little v. Board of County Commissioners, 193 Mont. 334. 631 P-2d 1282. to
demonstrate whether or not the requested zoning designation benefits a small area and
only one or a few landowners, the Governing Body. i.e the Bozeman City Commission,
must consider the following criteria:
1) Whether the requested zoning classification and potential uses are significantly
different from the prevailing use in the area - this zoning reclassification, in fact. differ.
significantly from the prevailing use in the area, since three quarters of the adjacent and
surrounding properties, to the west, north and east are all zoned R1 or agricultural and,
as such, are vastly and significantly different than the R4 reclassification zoning
requested by the submitter_
2) Whether the area in which the requested zoning classification benefits a small area
and only a few landowners, or does the requested zoning classification benefit the
surrounding neighborhood. community and the general public -the zoning
reclassification only benefits the submitters by allowing and enabling the submitter to
maximize a return on investment on this two acre parcel. This zoning reclassification
action not only does not benefit the surrounding neighborhood, but injures the existing
surrounding homeowners property investments and drastically alters the single family
residential neighborhood integrity_
3)And, whether the requested zoning classification is compatible with the zoning
district's adopted plan_ or is it special legislation designed to benefit one or a few
landowners at the expense of the surrounding landowners or general public - clearly,
the requested de facto spot zoning reclassification for this 2 acres of land is designed to
LETTER OF PROTEST
be of benefit to only the submitter of the request in order to maximize their return on
investment at the expense of the surrounding neighborhood.
VVe request that the Bozeman Planning Commission and the Bozeman City
Commission reject and disapprove this zoning reclassification as it clearty constitutes
spot zoning in accordance with the tests set forth by the Montana Supreme Court
regarding spot zoning.
Thank you for your consideration in this matter_
V�!ry respectful) ,
Paul and glary Routhier
Legal Descnpbon: 06-0904-34-3-11-24-0000 2486 Arabian Ave MT
Baxter Meadows Sub PH 3A S34, TO S, R05 E. Block 7, Lot 7, Acres 0233,
Plat J-448 Plus Open Space