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HomeMy WebLinkAbout12-14-21 Public Comment - P. & T. Lancione - Business License AppealFrom:lancy lancione.com To:Agenda Subject:Request to overturn issuance of Business License 21-69197 Date:Tuesday, December 14, 2021 11:38:51 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Commission Members, We live at 109 Westridge Dr, Bozeman, MT 59715 and are submitting to you the following complaint related to the issuance of a business license to a childcare operation in ourneighborhood. We would like to begin by saying that this ‘ unofficial’ and ‘ unlicensed' childcare operation moved into our neighborhood several months ago and began operating without any permitswhatsoever. No notification to the adjacent residences, no comment period for this long standing residential-only, neighborhood. All of a sudden we have 15+ customers/cars twotimes per day at this location, in what otherwise was a very quiet and long standing residential neighborhood. Historically, there have been strict guidelines that do not allow businesses tooperate in this residential location. Yes, there are a few home-based businesses operating in the WESTRIDGE subdivision however these businesses are restricted per their licensesrelated to customer parking and commercial activity. Since this operation began we have noticed some suspicious issues. On any given day this residential home now operating as a ‘childcare’ center has all blinds and window coveringsclosed. Not once have we seen any activity of children at this location; strange for a childcare center with 15 kids. When the tenant of the home was asked about the operation and perhapsits inappropriateness for this location, their response was, “Things change!” and then walked away. Not a very professional or courteous transaction from an operator that should beinterested in the support from their neighbors and neighborhood. Upon further investigation, we learned that the tenant/operator may have dubious history directly related to the operation of a child care center. This simply reflects upon theprofessionalism and character of this operator. Again, at the time this operation was discovered there was no permit issued on any level that would permit this business to operateand especially in a residential R-1 neighborhood. No other commercial operation with this kind of activity is active in this neighborhood. As a group of neighbors that agree this operation is not suitable for this neighborhood, we arepursuing a resolution that requires and enforces our city code. It also seems that by allowing this childcare operation to continue the city is setting a dangerous precedent and has endorseda possibly illegal and unfair business advantage. Most, if not all, official childcare centers are in appropriately zoned districts and subsequently probably pay much more in terms ofoperating expenses such as rent, insurance and other typical expenses related to a fully licensed business in a business district. We hereby request the city to correct or overturn its decision to issue a business license to thisoperation. Specifically we request the business license be revoked immediately and the operation forced to comply with all current city ordinances including relocation to a properly zoned area. The safety and care of the children should be paramount and that begins with thelegal and professional operation of this business. A list of findings to be considered and corrected by this commission: The City of Bozeman did not follow the proper procedures to handle the appeal as outlined in the Bozeman Municipal Code. The scope and impact of the home-based business requires a Special Use Permit as outlined in the Bozeman Municipal Code. Neighbors should be allowed to provide public comment for changes to their neighborhood that could affect property values. City of Bozeman employees took multiple actions to influence a decision pending before the City Commission resulting in a Conflict of Interest. The City of Bozeman did not handle the process within the proper channels of the city government. The City of Bozeman’s Attorneys Office’s transgressions created a violation of the Cities and States Ethics laws and needs to be acknowledged and addressed. City of Bozeman employees did not act in an independent and impartial manner as required by State and City Code of Ethic Laws. City employees took deliberate behind the scenes actions to influence the outcome of a pending appeal before the City Commission. The actions taken by the City of Bozeman erode the public trust and confidence of our local government. The City’s one-sided communication with the daycare business created favoritism and bias during an official public appeal process. The City’s Attorney’s Office used their power and influence to take influential action to sideline a matter that should have been presented to the City Commission without any interference. As outlined in the Bozeman Municipal Code, the City of Bozeman should have allowed public participation in the decision-making process to allow residents to have a voice in decisions that affect their neighborhood. The City Council has an opportunity to correct the improprieties by city employees in handling a pending appeal. The City of Bozeman should have reviewed the business license with the same procedural review that all other local businesses are required to comply with. Thank you for your time and attention to this matter. Respectfully, Patrick & Tina Lancione 109 Westridge DriveBozeman, MT 59715 406-587-3588 This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution of this message, orthe taking of any action based on it by you is strictly prohibited.