HomeMy WebLinkAbout03-31-25 Public Comment - M. Kaveney - Public Comment on The Guthrie Appeal– April 1, 2025, CC MeetingFrom:Marcia Kaveney
To:Bozeman Public Comment
Subject:[EXTERNAL]Public Comment on The Guthrie Appeal– April 1, 2025, CC Meeting
Date:Monday, March 31, 2025 11:20:49 AM
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Dear Mayor, Deputy Mayor, and Commissioners,
I’m writing today in support of the Guthrie appeal. It is important for you to uphold
Bozeman’s Neighborhood Conservation Overlay District (NCOD) and its Design
Guidelines which are mandatory city code, not advisory. Since the Guthrie was approved
in violation of our NCOD requirements, the only way for you to uphold city code is to
approve the appeal.
According to the city’s own code, Section 38.110.010(B), which adopts the NCOD
Guidelines by reference, they are legally enforceable. Any development within its
boundaries—such as the proposed project the Guthrie—must comply with these
standards. Voting in favor of the appeal will show the public that you agree that City
codes should govern all residents and developers equally.
Further, Section 38.100.050(A) clarifies that the most restrictive standards—such as
those in the NCOD—govern when conflicts with base zoning arise. It is unacceptable to
have staff continue to mistake this regulatory framework. Additionally, the staff report
for the appeal of the Guthrie incorrectly interprets the word “should” in the Design
Guidelines as discretionary. Appendix B of the Guidelines clearly defines “should” as
requiring compliance. I agree with other public comments that this misreading opens
the door to incompatible development and undermines decades of preservation policy.
The NCOD exists to protect neighborhood character, and that protection must be
upheld. City code states the NCOD is law, by reference. It's not optional, it must be
respected.
After the many, many discussions about City codes these last couple of years, you know
that all City residents, including yourselves, must be able to depend on City codes for
transparency and predictability in governing the ways the City grows and changes.
Otherwise, why bother having any codes?
As Chris Saunders has stated many times at City meetings, the staff take their direction
from the Commission. The Guthrie appeal gives the Commission the opportunity to
stand strong for City codes including the NCOD codes and remind everyone that City
codes can’t be bought by powerful and well financed developers and that they apply
equally to all.
There seems to be an administrative drift from policy, as shown in the staff’s
interpretation of City codes, that needs to change. Another example with a drift in code
interpretation is with Canyon Gate. When I asked Anna Bentley, in 2023, about why
some relevant codes didn’t seem to be applied to all applicants such as Division 38.410.
010 General Standards. 2b. Natural Environment. The design and development of all
land uses must be properly related to topography, and must, to the extent possible,
preserve the natural terrain, natural drainage, existing topsoil, trees, and other existing
vegetation., she responded with the following, “Next, I hear you to be describing a
singular case (i.e., Canyon Gate) in which you feel application of the codes did not yield
the outcomes you might have anticipated…. Based on prior discussions, the outcome of
the specific case, and the absence of any ongoing appeal proceedings (I think), I am
inclined to think that code language is probably working as it should for these topics.”
(Emphasis mine.) Outcomes should be predictable and it shouldn’t take an expensive
appeal by residents to get the City to follow its own rules.
I see this as an excellent turning point and opportunity for the City. Following your vote
in favor of the Guthrie Appeal, I hope you will give new direction to staff to follow codes
to the letter, to stop this administrative drift in favor of developers, and only allow a
variance or deviation from code when there is an obvious and explainable benefit to the
entire community that doesn’t diminish neighborhood character, and quality of life
(safety, open spaces, parking near homes, etc).
Thank you for considering my comments.
Marcia Kaveney
Bozeman resident