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HomeMy WebLinkAbout98- Dennis and Joni Balian at Yellowstone Peaks Mobile Home , i . BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONT ANA IN THE MATTER OF THE APPLICATION OF DENNIS FINDINGS OF FACT AND JONI BALIAN TO DELETE A PORTION OF AND ORDER CONDITION NO.7 OF THE PRELIMINARY PLAT APPROVAL OF THE YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 625, Montana Codes Annotated, and Chapter 16 of the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed a request to delete a portion of condition no. 7 of the previous conditionally approved Preliminary Subdivision Plat for the Yellowstone Peaks Mobile Home Park Subdivision, to delete the second paragraph of said condition which requires the eonstruction of West Mendenhall Street from the east boundary of said subdivision to the existing edge of pavement on the adjoining property to the east, to a minimum paved county standard, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to eonsider the recommendation ofthe Bozeman City- County Planning Board concerning the application. It appeared to the City Commission that all parties and the public wishing to appear and comment before the Bozeman City-County Planning Board were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: AMEND CONDITION 7 OF YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 1 . FINDINGS OF FACT I. The application to delete the second paragraph of condition no. 7 of the previously approved preliminary plat of the Yellowstone Peaks Mobile Home Park Subdivision was made on November 3, 1997. Notice of Public Hearing before the Bozeman City-County Planning Board and the public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on November 3, 1997, and was mailed by Certified mail, return receipt requested, to adjoining property owners on October 31, 1997. II. The matter was heard before the Bozeman City-County Planning Board on November 18, 1997. The subdivider advised the Board that it was his intention to complete the condition, as required, but when the work proceeded, the adjoining property owner objected, and had the Sheriff advise the subdivider fo stay off the adjoining property owner's property. Two members of the publie spoke at the hearing, expressing concerns regarding traffic safety in the general area and the need for east-west connections through the city to relieve safety problems that oecur on Durston Road and West Babcock Street. Further, the owner ofthe adjoining property on which the condition applies spoke in favor of deleting the requirement for off-site improvements, contending that an extension of West Mendenhall Street through his property would create safety hazards for his tenants, and that the 60- foot easement depicted on the Certificate of Survey is intended for sole use by his property. AMEND CONDITION 7 OF YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 2 . . . . III. After finding the application was properly submitted and reviewed under the procedures of the Bozeman Area Subdivision Regulations, the Planning Board reviewed the existing provisions for secondary access to the Yellowstone Peaks Subdivision, considered community interests relating to the overall transportation system, and the interests of the adjacent property owner. IV. During their review, the Planning Board found that the applicant had probably extinguished all possible mitigation efforts with the adjoining property owner, had attempted to comply with the required condition, and that the subdivision has adequate secondary access without this connector in place. Thus, on a vote of 9-0, the Planning Board forwarded the application to the City Conunission with a recommendation of approval, with a request that the City Conunission initiate the aequisition and/or condemnation process to obtain the right-of-way necessary to connect West Mendenhall Street to Western Drive, as this is an important link in the transportation system of the area. V. The application was considered by the Bozeman City Conunission at their regular meeting on December 1, 1997. The Commission heard the subdivider's explanation of how he intended to comply with the condition, but was stopped by the adjoining landowner. The Conunission was also advised by Staff'that the road easement provided on the Certificate of Survey was found to not be a public easement, and, therefore the road could not be constructed without a public easement. AMEND CONDITION 7 OF YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 3 . . . , . The Commission further found that, while this subdivider should not be charged with obtaining the necessary easement for this road, it is an important link in the transportation system, and directed staff to pursue acquisition and/or condemnation of the right-of-way necessary to make this connection of West Mendenhall Street from the east edge of the Yellowstone Peaks Subdivision to Western Drive. ORDER After considering all matters of record presented at the public hearing and meeting, the Conunission found that the proposed request to delete the second paragraph of condition no. 7 of the previously approved preliminary plat for the Yellowstone Peaks Mobile Home Park is a reasonable request, given the fact that no public easement exists and the adjoining property owner is not willing to provide the easement at this time. THEREFORE, IT IS HEREBY ORDERED, on a vote of 5-0, that the second paragraph of condition no. 7 ofthe previously approved preliminary plat ofthe Yellowstone Peaks Mobile Home Park Subdivision be deleted, and that the condition now read as follows. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Ga1latin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, M.C.A. 7. West Mendenhall Street within the subject property shall be constructed to a full city-standard including curb and gutter, sidewalks and storm drainage facilities. A street section design will be required to be submitted to and approved by the City Engineering Department for West Mendenhall Street. Sidewalks shall be installed on both sides of West Mendenhall Street at the time the street is constructed. Any private drive approaches to West Mendenhall Street shall be constructed in aceordance with the City's standard approach, i.e., concrete apron, sidewalk section, and drop-curb, with approaches being a minimum of 8- feet from the subdivision property lines. A note shall be AMEND CONDITION 7 OF YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 4 , ' . . . '" Ir . placed on the final plat indicating that there shall be no direct access to West Babcock Street from Lot 36. The original time frame of the preliminary approval of this subdivision is not changed by this order, and it shall still be effective for three (3) years from the date of adoption of the original Findings of Fact and Order, which was February 3, 1997. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATEDthis~dayof January .1998. BOZEMAN CITY COMMISSION BY.~~ ~ .~ Alfr . Stiff ATTEST: APPROVEI.)~ TO FORM: ~J~ /1/~ o /". // / -/ . 0 /~~t!ia~/~ty,~t(t~ Robin L. Sullivan P~l J. Luwe' // Clerk of the Commission City Attorney AMEND CONDITION 7 OF YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION FINDINGS OF FACT AND ORDER PAGE 5