HomeMy WebLinkAbout04-01-25 Public Comment - D. Nicholas - appeal application 25033From:Danielle Nicholas
To:Bozeman Public Comment
Subject:[EXTERNAL]appeal application 25033
Date:Tuesday, April 1, 2025 11:22:08 AM
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Dear Commissioners and City Staff:
Please appeal the current decision in regards to application 25033, on the grounds of
Citizens have a right to another public hearing on the project after the
commission denied the project last July.
City staff made a decision in error and outside the law by not applying
compulsory NCOD standards to the form, mass, and scale of the proposed
building. The development is not compatible in mass or scale with the site or
surrounding neighborhood. Not holding the project to the NCOD standards
violates city code 38.230.100A.5.c
The application does not meet any of the design criterion standards in code
section 38.230.100.A.7, which have to do with design integration with the
existing neighborhood.
City staff ignored glaring failures reported in the traffic study examining
intersections surrounding the project.
The parking lot configuration that Commissioner Madgic objected to in July of
2024, and cited as grounds for denial, has not been modified. This
violates 38.540.020.D, Backing requirements, “parking area design which
requires backing into the public street is prohibited.”
City staff’s approval violated city code 38.340.090.D.3, which states that after
the commission denies a project, a 2 year stay on demolition is required:
“issuance of a demolition or moving permit must be stayed for a period of two
years from the date of the denial in order to allow the applicant and city to
explore alternatives to the demolition or move, including, but not limited to, the
use of tax credits or adaptive reuse."
Thank you, Danielle Nicholas