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HomeMy WebLinkAbout04- Boulevard Minor Subdivision . . . Broadway Boulevard Minor Subdivision Variance Findings of Pact and Order # P-03021B BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONT ANA IN THE MATTER OF THE APPLICATION OF THE FINDINGS VILLAGE INVESTMENT GROUP, INC. FOR OF FACT PRELIMINARY APPROVAL OF BROADWAY AND ORDER BOULEVARD MINOR SUBDIVISION VARIANCE This matter came before the Bozeman City Commission on January 12, 2004, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, Bozeman 2020 Community Plan, and Bozeman Zoning Ordinance. The applicant presented to the Commission a proposed Subdivision Variance as submitted in its original form on October 15, 2003, P-03021B. The Commission held a public hearing on the subdivision variance and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the planning board, to determine whether the variance should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT I. On October 15, 2003, the Village Investment Group, Inc. (Mike Delaney, Ileana Indreland, Bill Muh1enfe1d, and Anthea George), submitted an application for a subdivision variance from Section 16.16.040 (Names) of the Bozeman Subdivision Regulations to name the . , . IBroadway Boulevard Minor Subdivision Variance Findings of Fact and Order # P-0302IBI new street, which extends from the existing eastern terminus of East Mendenhall Street, something other than East Mendenhall Street. The property is legally described as a portion of Lot 1, Amended Plat C-23-AIO, City of Bozeman, Gallatin County, Montana. The property is zoned R-O (Residential Office District) and R-4 (Residential High Density District) and is generally located east of North Broadway Avenue at East Mendenhall Street extended. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report. The minutes and the resolution of the Bozeman Planning Board were attached to the Staff Report. IlL Notice of the time and date of the public meeting and public hearing was posted at the site and also sent to adjoining property owners on November 25, 2003. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on December 16,2003. The Planning Board found that the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations and the Bozeman Area Zoning Ordinance. Staff reviewed the staff report and the submittal. The applicant made a formal presentation on the requested subdivision variance and stated reasons for granting the variance under the four specific variance review criteria. The Planning Board then opened the public hearing. There were no comments from the general public regarding the subdivision variance. Receiving no further response, the Planning Board closed the public hearing. - 2 - . . . . IBroadway Boulevard Minor Subdivision Variance Findings of Fact and Order # P-03021BI The Planning Board discussed various items pertaining to existing conditions on-site and at East Mendenhall Street. The Planning Board then voted on the subdivision variance. City of Bozeman Planning Board, with a motion to recommend approval of the variance from Section 16.16.040 (Names) of the Bozeman Subdivision Regulations, on a vote of 4 to 4 did not forward a recommendation of approval. IV. Upon written request of the applicant, the application was continued from the Bozeman City Commission's regular meeting on January 5, 2004 to January 12, 2004. The application was considered by the Bozeman City Commission at its regular meeting on January 12,2004, at which time the action of the Planning Board and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties. The granting of the variance is in the public's interest and would not be injurious to adjoining properties. 2. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, an undue hardship to the owner would result (f strict interpretation of the Regulations is enforced. Due to the wetlands and topographical conditions of the property, an - 3 - . , . . Broadway Boulevard Minor Subdivision Variance Findings of Fact and Order # P-03021B undue hardship to the owner would result if strict interpretation of the Regulations is enforced. 3. The variance will not cause a substantial increase in public costs. The granting of the variance would not cause an increase in public costs. 4. The variance will not, in any manner, place the subdivision m nonconformance with any adopted zoning regulations or comprehensive plan. If the variance is granted, it would not placc the subdivision in any further nonconformance, than does not already exist, with any adopted zoning reh'U1ations or comprehensive plan. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision variance would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Area Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Subdivision Variance for Broadway Boulevard Minor Subdivision by the Village Investment Group, Inc., be approved. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. The preliminary approval of this subdivision variance shall be effective for three years from the date of adoption - 4- .. . .. .. Broadway Boulevard Minor Subdivision Variance Findings of Fact and Order # P-03021B of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided f(}r in the Bozeman Subdivision Regulations. DATED this 5th day of April, 2004. ATTEST: ~/h~ Ro m L. SullIvan Clerk of the Commission - 5 -