HomeMy WebLinkAboutLester, Affidavit
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AFFIDAVIT
EDGAR EUGENE LESTER, first being duly sworn, deposes
and says: That I am the owner of the residential dwelling
located at 10573 Kelly Canyon Road and that said dwelling
contains approximately two thousand one hundred seventy-two square
feet (2,172). The garage attached to this dwelling in which
I would propose to conduct a home occupation as a custom meat
cutter has approximately three hundred twenty (320) square feet
of enclosed space.
DATED this ~ day of July, 1979.
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EDGAEUGEN LESTER
STATE OF HONTANA )
County of Gallatin ; S~___.
On this ;I~ day of , 1979 before the
undersigned, a Notary Public fo ve-captioned state,
personally appeared EDGAR EUGENE LE known to me to be the
person whose name is subscribed to within instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have -
affixed my Notarial Seal the day and
written.
Notary u c
Residing at:
My Commission
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WILLIAM L. PEPPER
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WILL..IAM L PEPPER ATTORNEY AT11..AW AREA CODE 406
TELEPHONE
P,O. BOX 344 587-0695
GALLATIN BLOCK - 40 10, MAIN
BOZEMAN. MONTANA 59715
July 10, 1979
Honorable City Commission
City of Bozeman
State of Montana
Gentlemen:
The purpose of this letter is to request an interpretation
of use concerning the zoning applicable to the property owned
by my client, Mr. Ed Lester. Mr. Lester owns the premises
located at 10573 Kelly Canyon Road, which is in a zoning district
classified as "Agriculture Suburban District". Under the
provisions of Chapter 18.18.020 Permitted Uses, "home occupations"
are allowed (see Subsection 6). Chapter 18.12.050 provides as
follows:
"If questions arise concerning the appropriate
classification of a particular use, or if the
specific use is not listed, the City Commission
shall determine the appropriate classification
for that use. In interpreting use classification,
the City Commission shall determine:
l. That the use and its operation are compatible
with the uses permitted in the district wherein
the use is proposed to be located.
2. That the use is similar to one or more uses
permitted in the district wherein it is
proposed to be located.
3. That the use will not cause substantial
injury to values of property in the neighbor-
hood or district wherein it is proposed to be
located.
4. That neither the intent of the ordinance
nor the intent of the district will be
abrogated by such classification.
My client is employed by the Campus Square Cinema and proposes
to conduct a meat cutting business on a part time basis from the
garage attached to his dwelling. Hr. Lester advises that he
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simply proposes to accept orders from farmers to cut their meat
for them. No killing would be done on the premises, rather, he
anticipates receiving orders, then going to the particular
rancher's horne, killing the beef there, cutting it into quarters,
then transferring the meat by pickup truck to his garage.
Mr. Lester further advises that the exterior appearance of the
building will be in no way affected by his proposed business.
Lastly, for your information, are the signatures of all the
neighbors within one mile of Mr. Lester's residence indicating
that they have no objection to the proposed operation.
On behalf of my client, request is hereby made that determination
be made that what he proposes to do constitutes a "home
occupation" within the meaning of Chapter 18.12.020(6). Finally,
I would like to point out to the Commission that Chapter 18.18.010
of the "Agriculture Suburban District" provides as fo11ows~
"The intent of this district is to discourage
small tract development in areas of agricultural
importance and in areas of environmental concern.
It is intended that through the use of this dist-
rict, agricultural pursuits will be encouraged
and environmental concerns, such as high water
table and flood plains, will be protected."
The operation proposed by my client is an agricultural ?ursuit
compatible with the intent of the district.
It would be appreciated if we could be placed on the agenda for
the next available meeting of this honorable commission. If
you have any questions, please feel free to contact me at any time.
Very truly yours,
WLP/mjc
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