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Home My WebLink About02- Walker Minor Subdivision Variance . IWMW.MinorSubdj"jsj(ffiVariance:FfuoirigS.of Factah<1t>rdef . ... #p.,OQ4$A.. . .1 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF LONNY FINDINGS WALKER, REPRESENTED BY MARK CHANDLER, OF FACT C&H ENGINEERING & SURVEYING, INC., FOR AND ORDER PRELIMINARY APPRO V AL OF WALKER MINOR SUBDIVISION VARIANCE. This matter came before the Bozeman City Commission on April 22, 2002, 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 March 5, 2002, P-0045A. 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 varianee 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: -1- . IWatkdMinor Subdivisi6tl'lariance Findingll(l(fllctand Order #P-0045A I FINDINGS OF FACT I. On March 5, 2002, Lonny Walker represented by Mark Chandler ofC&H Engineering and Surveying, Inc., submitted an application for a subdivision variance to eliminate approximately 100 lineal feet of curb, gutter, and sidewalk along the east side of North Rouse Avenue. The property is located in the SW 1;4, SE 1;4 of Section 2, T2S, R6E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned M-1 (Light Manufacturing District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report with suggested conditions of approval, which was provided to the Bozeman Planning Board. III. Notiee 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 March 27, 2002. 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 April 16, 2002. 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 evidence, whieh justified the recommendation. -2- IWalkel"MiMf$4m:tivisionVarianceFj@il)gs6fFact and Order i/PcOO45A I The applicant made a fonnal presentation in favor of the requested subdivision variance and stated his reasons for granting the varianee 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. The Planning Board discussed various items pertaining to existing conditions on-site and of North Rouse Avenue, existing drainage problems, traffic volumes on North Rouse Avenue near the subject property, and available and future parking spaces. The Planning Board then voted on the subdivision variance. The motion, to recommend approval of the variance from Section 16.16.080 (Improvement Standards) and Section 16.14.040 (Sidewalks) passed on a vote of3 in favor and 2 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on April 22, 2002, at which time the recommendation of the Planning Board and information compiled by City staffwas reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: -3- - . IWalli#rWJlo!'Sllbdi\lisionVariailAAFindingsOfFactatldQrder #P..Q045A I 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. 2. Because of the particular physical surroundings, shape, or topographical conditions of the 5pecific property involved, an undue hardship to the owner would result if strict interpretation of the Regulations is enforced. The applicant would be required to remove a substantial amount of existing pavement. Required curb and gutter installation would assist with any drainage concerns along this portion of North Rouse Avenue. If the variance is granted and the existing pavement remains, vehicles will continue to park within the front yard setback and back into the public right-of-way. The existing pavement is in the front yard setback, typically not allowed to be paved or to be used for parking. 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 place the subdivision in any further nonconformance, than does not already exist, with any adopted zoning regulations or comprehensive plan. If the variance is granted and the existing -4- . IWa,lw.M/Mf$utl<!ivisi()ll..Varilll1oo.:Fil1dil'lgs.ofFact.and. order · #P..OQ45A I pavement remains, vehicles will continue to park within the front yard setbaek and baek into the public right-of-way. 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 eonditions 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 of Walker's Subdivision for Lonny Walker, be approved, subject to the following condition: Subdivision Specific Condition: 1. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of SID for street improvements to the east half of North Rouse Avenue, extending from Griffin Drive northward. 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 effeetive for three years from the date of adoption of these Findings -5- . - , IW~tkd.Mi#&.SlltxliVisi()n.YaMl1~:f'il1aillRsofl'l1<.1'@d()tder. . ..#P-0045A . ................<1 by the City Commission. At the end ofthis period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Subdivision Regulations. DATED this 8th day of July ,2002. BOZEMAN CITY COMMISSION BY:/~#I' = Andrew L. Cetraro, Mayor Pro Tempore ATTEST: APPROVED AS TO FORM: Cld.:- J ~ Robin L. Sullivan Clerk of the Commission -6-