HomeMy WebLinkAbout25033 Notice
NOTICE OF AN APPEAL OF CONDITIONAL APPROVAL OF A
SITE PLAN/COMMERCIAL CERTIFICATE OF APPROPRIATENESS (CCOA)
WITH DEMOLITION APPLICATION
This application is evaluated pursuant to administrative project decision appeals provisions of section 38.250.030 of the Bozeman municipal code (BMC) and associated standards. The City Commission may uphold, amend, or overturn the administrative project decision. The public may comment orally at the public hearing or in writing at or prior to the public hearing regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. Written comments may be directed to: City of Bozeman Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230, or emailed to comments@bozeman.net. Online access to the application is available at https://www.bozeman.net/departments/community-development/planning/project-information-portal. Select ‘Project Documents’ and navigate to application 25033. The full application, including the administrative decision from which this appeal is made, may be reviewed digitally in the City of Bozeman Department of Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact the ADA Coordinator David Arnado, at 582-3232. Please reference Application 25033 in any correspondence.
Project Name: 5th and Villard Appeal (The Guthrie) Application: 25033
Summary: An appeal has been submitted regarding the administrative decision approving with conditions applications for a Site Plan, CCOA, and Demolition for The Guthrie/5th and Villard application number 24493. The appeal alleges the City of Bozeman’s (City) approval of the applications should be overturned because: the appellant is constitutionally entitled to a public hearing and did not receive one; the appeal application fee is unconstitutional and unlawful; the Bozeman City Commission’s failure to reclaim authority to approve application 24493 was unconstitutional; the findings in the Community Development Director’s decision are clear error and are unlawful, arbitrary, and capricious, because the Director failed to (1) apply compulsory Neighborhood Conservation Overlay District (NCOD) standards and guidelines to the form, mass, and scale of the proposed building, which is not compatible in mass or scale with the site or adjacent residential neighborhoods, including criterion set forth in 38.230.100.A.5.c, (2) the application does not meet design criterion standards of 38.230.100.A.7, (3) the open space is incorrectly calculated, (4) the site plan contains design flaws impacting public health and safety, (5) the application does not meet criterion set forth in 38.230.100.A.6, and (6) the project does not conform with community design provisions related to traffic, congestion, and public safety. The appellant also argues that a two-year stay on demolition should remain in place and that the project unlawfully exploits the deep incentives offered for the creation of affordable housing provided in division 38.380 of the Bozeman Municipal Code at the expense of Bozeman’s historic neighborhoods and without the assurance of affordable housing.
Parcel size: 36,752 square feet Address/Location: 321 N. 5th Avenue
Legal Description: Karp Addition, S12, T02 S, R05 E, Block 6, Lot 1-3, Acres .843, Plat E-3-A, City of Bozeman, Gallatin County, Montana
Noticing: Public Comment Period 3/3/2025 to 4/1/2025 Site Posted 3/3/2025 Adjacent Owners Mailed 3/3/2025
Decision: Authority and Decision The Bozeman City Commission acting as a board of adjustment pursuant to Resolution 4419, will hold a public hearing on the appeal and issue a decision at its meeting on Tuesday, April
1, 2025, which will be held in person at 6:00 p.m. at City Hall, 121 N. Rouse Ave. and via teleconference.