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Home My WebLink About04-27-22 Public Comment - M. Quinto - Fraternity in the University DistrictFrom:Myriam Quinto To:Tom Rogers Cc:Agenda; mcaires@montana.edu; amber.king4@montana.edu; Jim Goetz Subject:Fraternity in the University District | attn: City Commissioners Date:Wednesday, April 27, 2022 9:41:05 AM Attachments:2022-04-27 Goetz - Rogers.pdf 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. Good morning, Please find attached a letter from Jim Goetz, regarding the above mentioned matter. Thank you. Best,Myriam Myriam Quinto Legal Assistant Goetz, Geddes & Gardner, P.C.35 North Grand | P.O. Box 6580 Bozeman, MT 59771-6580T: (406) 587.0618 | F: (406) 587.5144 NOTICE: This electronic mail transmission may contain confidential or Attorney-Client privileged communications. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it and notify the sender by reply e- mail. James H. Goetz J. Devlan Geddes Trent M. Gardner Kyle W. Nelson Jeffrey J. Tierney Katherine B. DeLong Braden S. Murphy Henry J.K. Tesar GOETZ, GEDDES & GARDNER, P. C. Attorneys at Law 35 North Grand (zip 59715) P. O. Box 6580 Bozeman, MT 59771-6580 Telephone (406) 587-0618 Facsimile (406) 587-5144 jim@goetzlawfirm.com April 27, 2022 Via Email Only Tom Rogers Director, Planning & Zoning, City of Bozeman trogers@bozeman.net Re: Fraternity in the University District Dear Mr. Rogers: I write this letter on behalf of the Board of the University Neighborhood Association (UNA) and concerned neighbors. UNA encompasses the area south of Cleveland Street to Kagy Blvd, and east of the University to South Willson Ave. The neighbors were shocked to learn that a recently-sold single family house at 411 W. Garfield is being leased to a new fraternity group which calls itself Alpha Sigma Phi. They were equally shocked that the City was unaware of the new fraternity leasing this house as no paperwork was filed prior to them moving in. The concerns of the neighbors are obvious. This is a well-established neighborhood, consisting mostly of single-family well-maintained houses and yards. The new fraternity has already caused problems including loud parties, garbage and litter, numerous vehicles, some parked across the sidewalk, some in no parking zones, and some in the wrong direction. This is what alerted the neighbors initially that something beyond the typical rental was going on. Several of the neighbors walked over and talked to the men. The neighbors learned that six men are living there now and they are operating as a fraternity with forty-five members. Our understanding was that fraternities and sororities were only allowed in R4 & RO & conditional use in R3. However, the neighbors were shocked recently to learn that fraternities and sororities have been moved to a category called “group living” and that they are now allowed in ALL residential zones. Had this change been known, the neighbors certainly would have protested vigorously. The change, however, appears to have been buried in a single table in a multi-page and complicated set of amendments to the Uniform Development Code. The decision to subsume the category of “fraternities and sororities” into “group living” is inconsistent with reality. In “group living”, the residents live in the group facility. In contrast, this fraternity has six members living there, but when they have chapter meetings, or fraternity Rogers, Tom April 27, 2022 Page 2 parties, the numbers mushroom. Also, non-resident members frequently hang out at the fraternity, compounding the impact. The neighbors stress that their objection is to this new fraternity. They realize there are several sororities in the area, apparently grandfathered before enactment of the current zoning regulations. In the main, there have been few problems with the sororities. In the first place, unlike the new fraternity, the sororities are not allowed drinking at their houses. Further, sororities shut down in the summer, fraternities don’t. Many courts have recognized the difference between group living and college fraternities. For example, in the City of Long Beach v. California Lambda Chapter of Sigma Epsilon Fraternity, 255 Cal. App. 2d. 796, 797 (1968), the Court held that it is, …well established that groups of students are for the most part exuberant, boisterous, and hilarious, and that they do not ordinarily keep regular hours, and are addicted to the use and abuse of vibrant and sonorous musical instruments. The city council apparently was fully aware the college spirit contemplates frequent gatherings with attendant boisterous conduct on occasions. The “rush parties”, the dances, the rallies, and other manifestations of the collegiate spirit are present in a fraternity house and frequently absent in a boarding house, a lodging house or an apartment. As these cases make it clear, it is common knowledge that fraternities like to party with alcohol and are loud and boisterous. Although they can be acceptable in the right location, this one clearly is not. It backs up to neighbors’ yards and the partying, numerous vehicles, and boisterous activities have already had a big impact on the neighbors’ quality of life. After investigation, the neighbors learned that there has been no permit issued by the City, no “sketch” plan filed with the City regarding parking, and no other City review. We understand that your office has written the fraternity requiring it to submit a sketch plan within thirty days. We ask the City to carefully examine that request. This is a three-bedroom, single- family home with very tight parking, in close proximity to the neighbors. The fraternity proposal should not be allowed to move forward. We ask to be involved in the City’s process in reviewing this fraternity and we also request that you meet with us at some point in the near future. Among other things, we want to discuss with City Planning, the process by which fraternities and sororities are restored to their separate use category in residential zoning. Rogers, Tom April 27, 2022 Page 3 Clumping them into group living makes no sense. We note that we have been in contact with other neighborhood groups, who are also very surprised that fraternities and sororities could be set up in any neighborhood, apparently with little or no city input or review. Sincerely, James H. Goetz On Behalf of the UNA Board and Concerned Neighbors cc via email: Christopher Coburn/Terry Cunningham/Jennifer Madgic/I-Ho Pomeroy City Commissioners Cyndy Andrus Bozeman City Mayor agenda@bozeman.net Matt Caires at mcaires@montana.edu MSU Dean of Students Amber King at amber.king4@montana.edu MSU Assistant Dean of Students