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HomeMy WebLinkAbout123022 KR response ltr to GallikGreg Sullivan, City Attorney Bekki McLean, Chief Prosecutor Tim Cooper, Assistant City Attorney Jennifer Guittari, Assistant City Attorney Kelley Rischke, Assistant City Attorney Anna Saverud, Assistant City Attorney Kyla Murray, Prosecutor Edward Hirsch, Prosecutor Samantha Niesen, Prosecutor A 121 NORTH ROUSE AVENUE P.O. BOX 1230 BOZEMAN, MT 59771-1230 P 406-582-2309 F 406-582-2302 WWW.BOZEMAN.NET F TDD: 406-582-2301 THE MOST LIVABLE PLACE December 30, 2022 Brian Gallik Gallik, Bremer & Molloy, P.C 777 East Main Street P.O. Box 70 Bozeman, MT 59771-0070 Sent via E-Mail Only to: brian@galliklawfirm.com and corrie@galliklawfirm.com Re: Sundance Springs Site Plan Application 22047 Dear Brian, Thank you for your letter of December 29, 2022. It is unclear whether the intent of your letter is only to respond to recent public comments opposed to the project or the intent is to rescind the applicant’s request to pause the City’s review of application 22047. See attached letter of December 22, 2022. The various arguments advanced in your letter in response to public comment are noted and will be included as part of the publicly available record of this application. Your letter also “asks that the City give direction on where, if at all, its Application does not comply with applicable standards.” A determination of whether the application complies with applicable standards is provided by the City in its final determination letter either approving, approving with conditions, or denying the application. If your intent was to rescind the applicant’s written pause request and resume the City’s review and decision regarding application 22047, please expressly advise as such in writing. As we have discussed, after the pause request is rescinded, the City will open one final public comment period limited to accepting public comment on any new or additional information provided by the applicant. Therefore, the contents of your December 13, 2022 letter will be open for public comment since it was received on the last day of the previous public comment period and the public has not had an opportunity to comment on the letter’s contents. Your letter also acknowledges that its application does not currently meet a standard prohibiting exterior lighting above 20 feet and expresses an intent to correct the issue. Public comment will also be accepted on the amended lighting plan, if the applicant chooses to supplement their Greg Sullivan, City Attorney Bekki McLean, Chief Prosecutor Tim Cooper, Assistant City Attorney Jennifer Guittari, Assistant City Attorney Kelley Rischke, Assistant City Attorney Anna Saverud, Assistant City Attorney Kyla Murray, Prosecutor Edward Hirsch, Prosecutor Samantha Niesen, Prosecutor A 121 NORTH ROUSE AVENUE P.O. BOX 1230 BOZEMAN, MT 59771-1230 P 406-582-2309 F 406-582-2302 WWW.BOZEMAN.NET F TDD: 406-582-2301 THE MOST LIVABLE PLACE current application to address the 20 foot maximum lighting height standard. Alternatively, compliance with this standard can be included as a condition of approval. The City looks forward to your clear direction regarding rescinding the applicant’s previous pause request, thereby resuming review and decision on application 22047. Sincerely, /s/ Kelley L. Rischke Kelley Rischke Assistant City Attorney