HomeMy WebLinkAbout03-04-25 Public Comment - J. Barsness - Application 24655From:John Barsness
To:Bozeman Public Comment
Subject:[EXTERNAL]Application 24655
Date:Tuesday, March 4, 2025 3:29:07 PM
Attachments:Zoning variance request 24655 objection.pdf
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Attention: Attached, please find a .pdf file against granting zoning variance request 24655.
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Thank you!John C. Barsness
619 North Montana Ave.
March 3, 2025
RE: Zoning variance application 24655
Attention Members of the City Commission:
We are long-time neighbors near 701 North Montana Avenue, are not lawyers practicing law, and are
pedestrians who care deeply about a safe walkable city—especially in our Northside neighborhood.
Consequently, we write with strong objection to granting the requested zoning variance. According to
BMC 38.250.070 C criteria for consideration and decision, please deny for the following reasons:
1. This variance is directly contrary to the public interest. Public interest in this case is pedestrian
access to existing public property for safe passage along East Cottonwood Street. Common
sense tells us it is dangerous to walk in street traffic, especially at night with the unlit intersection
of North Montana Avenue and East Cottonwood Street. The measurable safety value is a 50%
reduction of exposure to motor vehicles for anyone walking in that block. According to Florida
Transportation Department in 2005 sidewalks provide 88.2% reduction in likelihood of
pedestrian/vehicle accidents. One would think the child care business at this address would want
the safety of a sidewalk for parents to take children from and to vehicles. Granting this variance
will result in a taking of public land for private use.
2. There are no conditions unique to this property, neither is there any undue hardship. The
setback intrusion is self-imposed. The applicant’s argument about property size in relation to
three other properties adjoining the intersection is irrelevant. That it is a non-conforming
property is hardly unique, as his photo evidence of other non-conforming properties in the area
demonstrates, while ignoring existing sidewalks. Each property at the intersection abuts a 10
foot public right-of-way, which is city property. According to planning documents, and Zachary
at the Planning Department on February 26, the applicant’s property is 50 x 132 feet with a 10 x
132 foot public right-of-way immediately south. The reference to an old growth crabapple tree
and lilacs existing on “our lot” is misleading. This vegetation is on public property; at least two
other mature trees were removed from the lot.
3. Granting this variance will in no way provide any justice. If anything the applicant’s use of the
public right-of-way, fenced many years for storage plus farm animals (chickens and at one time a
pig), could be construed as a “taking” of public property for private use, again not in the public
interest. The applicant does not mention an existing connecting sidewalk immediately east,
which extends to Rouse Avenue--a state highway. Allowing this variance will forever stop any
continuing pedestrian traffic from the east and at best continue City benign neglect or, at worst,
negligence in enforcing BMC Sec. 38.400.080-Sidewalks. That city ordinance requires sidewalk
construction on all city streets without exception.
4. Not applicable as property is outside any flood plain..
Furthermore, federal handicap access may be involved as a severely handicapped woman who slowly
pushes a walker on our sidewalk cannot safely use E. Cottonwood to the west. Bozeman City Plan 2020
N-1.8 and N-1.10 call for sidewalks and to fill in missing sections from neighborhoods to parks. The
applicant’s photos actually help make the case for infill. Thank you for your time and consideration.
John C. Barsness Janine M. Barsness,
619 N. Montana Ave.
-1-
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This weekend photo shows East Cottonwood Street, looking west from the intersection with North
Montana Avenue, and documents unsafe conditions for pedestrian use. Usually more vehicles park on
both sides of the street during the week.
Screenshot from Google Maps shows two old growth trees the applicant removed for construction.