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Home My WebLink About04-11-25 Public Comment - D. Spain - Application 25113Customer Submission #CS-25-542 Open Created on April 11, 2025 by Donna Spain Print Description The Planning Department violated code 38.100.080 (A), code 38.200.090, code 38.100.070 in the approval of Bozeman Cohousing Site Plan Modification 25113 aer Bozeman Cohousing had already completed modifications without approval. They have not provide information requested information regarding permits required, with dates for noncompliance issues at 3120 Wagonwheel Road to an adjacent neighbor.Assigned to Alex Newby Collaborator/s Mike Maas Due By 04/14/2025 Submission Age 6 Days Attachments 1 Customer Messages 0 Internal Comments 0 Tasks 0 Source Internal by Donna Spain Category Public Comment Department Clerk's Office Customer Name Donna Spain Customer Email spainmt@bresnan.net Cell Phone - 4/17/25, 2:32 PM about:blank about:blank 1/3 Location 3110 Wagonwheel Rd, Bozeman, MT 59715 Section 1: Assessor's Addresses Section 2: CDBG Information Customer Messages (1) Mike Maas 04/17/2025 02:30pm Email Thank you for your public comment Good aernoon, Street Address 3110 Wagonwheel Rd #- City Bozeman State MT Zip 59715 APN 06079919306107000 Owner Name - Owner's Mailing Address - Flagged? No Assessor's Address 3110 Wagonwheel Rd, Bozeman, MT 59715 CDBG Eligible? No CDBG Approved? No Census Tract 001001 Block Group 300310010012 LowModPct 21 4/17/25, 2:32 PM about:blank about:blank 2/3 Your public comment has been received and will be distributed to the City Commission and the appropriate sta for review. Thank you, -- Mike Maas, MPA| City Clerk City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715 D: 406.582.2321 | C: 406.599.0804 This email is in reference to issue CS-25-542 (CRM-bD48Y9I18). In case of any queries, you can respond to this email and we will get back to you as soon as we can. Bozeman, MT 121 North Rouse Avenue , Bozeman, MT 59715 4/17/25, 2:32 PM about:blank about:blank 3/3 April 10, 2025 Chuck Winn, Interim City Manager Bozeman City Hall 121 North Rouse Ave., Ste. 201 Bozeman, MT 59715 Office of Community Development Susana Montana, Senior Planner 20 E Olive Street Second Floor Bozeman, MT 59715 RE: Bozeman Cohousing Site Plan Modiﬁcation, Application No. 25113 Mr. Winn and Office of Community Development: I am for the second time protesting the approval of the Site Plan Modiﬁcation Application 25113 as my letter of March 24, 2025 to Susana Montana and Mr. Winn indicates. Bozeman Municipal Code Sec 38.100.080 (A) states: “No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof may hereafter be erected, constructed, reconstructed, MOVED (emphasis added) or structurally altered, and no development may commence unless it is in conformity with all of the regulations herein speciﬁed for the district in which it is located.” The original approved site plan shows existing “Garden Shed AND (emphasis added) Barn. The garden shed was moved and the chicken coop constructed before this modiﬁed site plan was approved and against chicken keeping licensing regulations. Bozeman Municipal Code Sec 38.200.090 (A) states: “It is the intent of this chapter that the community development director and building official check all development plans and applications for permits for compliance with this chapter both BEFORE (emphasis added) and during construction.” This was not done. Bozeman Municipal Code Sec. 38.100.070 (A) states: “Persons undertaking the subdivision, development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the city, and to the safety and general welfare of the future lot owners and of the community at large.” I have addressed my safety and health concerns for these modiﬁcations and the keeping of chickens and goats in my letters to Mr. Winn of March 21st and March 24th and emails to Susana Montana. The Development Review Application submitted by Bozeman Cohousing MOD Modiﬁcation-Amendment to Approved Plan MOD sites “Adding a shed and sauna to the site plan”. It does not mention the installation of a chicken coop or the installation of a 6 foot wire mesh fence as the approval letter of March 28, 2025 from Susana Montana indicates as approved changes to the site plan. It appears there are other issues of noncompliance that are being approved after the modiﬁcations have already been made. Likewise, there was no notiﬁcation of the modiﬁcations of the “phasing plan and parking requirements” that were approved by “Project 24574” on October 20, 2024 to adjacent property owners. What is this? My initial request was that Bozeman Cohousing move the old, unsightly garden shed back to its original location on the approved site plan or demolish it as the single family house was. I do not feel that my request was unreasonable. It is unfortunate that Bozeman Cohousing has denied that request and has little regard for the well-being of an adjacent property owner per Sec. 38.100.070 (A). This all could have been so easily avoided. There appears to have been many errors made in the approval of MOD 25113. Please grant my initial request regarding the garden shed and deny the keeping of chickens as a health risk to the public. Respectfully, Donna Spain 105 Heritage Dr Bozeman, MT. 59715 Customer Submission #CS-25-543 Open Created on April 11, 2025 by Donna Spain Print Description I am filing a public nuisance complaint for a garden shed, some sort of equipment loader and some sort of construction panels stacked by my south fence by the residents at 3120 Wagonwheel Road, Bozeman Cohousing.Assigned to Alex Newby Collaborator/s Mike Maas Due By 04/14/2025 Submission Age 6 Days Attachments 1 Customer Messages 0 Internal Comments 0 Tasks 0 Source Internal by Donna Spain Category Public Comment Department Clerk's Office Customer Name Donna Spain Customer Email spainmt@bresnan.net Cell Phone - 4/17/25, 2:35 PM about:blank about:blank 1/2 Location 3110 Wagonwheel Rd, Bozeman, MT 59715 Section 1: Assessor's Addresses Section 2: CDBG Information Street Address 3110 Wagonwheel Rd #- City Bozeman State MT Zip 59715 APN 06079919306107000 Owner Name - Owner's Mailing Address - Flagged? No Assessor's Address 3110 Wagonwheel Rd, Bozeman, MT 59715 CDBG Eligible? No CDBG Approved? No Census Tract 001001 Block Group 300310010012 LowModPct 21 4/17/25, 2:35 PM about:blank about:blank 2/2 March 24, 2025 Susana Montana, Senior Planner City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Chuck Winn, City Manager Bozeman City Hall 121 North Rouse Ave., Ste. 201 Bozeman, MT 59715 Susana Montana and Mr. Winn : I am protesting the approval of the site plan modiﬁcation (MOD) application submitted by Bozeman Coho LLC. I request that this application be denied for the following reasons and the shed moved back to its original location or demolished. 1. The Project is not “adding a shed” as stated on the application. It is moving an aged shed from the prior owners to a new location in contradiction to the initial approved site plan. 2. The shed may be classiﬁed a “public nuisance” as deﬁned in Bozeman Municipal Code Sec. 16.02.040(4). a. By reason of the age of the structure, the fact that it has been moved twice by the applicants, that the structure is not secured on a foundation—a hazard in a strong windstorm may exist to individuals and property. b. By reason the structure’s location ﬁve feet from my wood cedar fence, age of the shed and proximity to my trees presents a ﬁre hazard. c. By reason the structure may be structurally unsafe. d. By reason the structure depreciates the enjoyment (scenic view) of my property. The structure is unsightly. e. By reason the shed is an attractant for rodents, raccoons and a detriment to the health of the adjacent property owners. 3. The planning department is requesting the application after the modiﬁcations have already been made and a complaint has been communicated. This is not in my opinion oversight or compliance. 4. The project narrative states “moving the shed elsewhere would reduce the useability (sic) of the structure”. The garden is located on the north side of the property. The shed is located on the south side of the property. The applicant’s reasons appear to be based on their preferences rather than the well-being of adjacent property owners. Ms. Montana states in her email of March 21st “This MOD application does not require public notice”. The recent litigation Montanans Against Irresponsible Density vs Montana suggests otherwise. The planning department has not answered my questions regarding the permits required, ﬁled and dates, Will the planning department be issuing these permits in hindsight as well? Likewise, the planning department has not cited speciﬁc codes merely stating the shed “meets code”. With regards to the four goats, the Narrative states, “These animals were classiﬁed as pets by the planning department and thus there are no issues with non-conforming uses”. The Bozeman Municipal Code at Sec. 8.02.010 has no deﬁnition for the term “pets”. The Montana Code Annotated at Sec. 81-2-702(5) deﬁnes goats as “livestock”. The planning department cannot arbitrarily deﬁne goats as pets for the beneﬁt of Bozeman CoHousing disregarding Montana Code. Avian Flu has been predicted by some to be a new potential pandemic. It has already been reported in humans and other animals. Livestock appears to be a non-conforming use in R-3 residential zoning. Bozeman Coho LLC should be required to move the garden shed back to its original location or to demolish the structure as a public nuisance. The livestock in an R-3 zone is a non-conforming use. I have already protested the keeping of chickens. Deny the MOD application submitted by Bozeman Coho LLC. Multiple noncompliance issues are present. Please respond. Respectfully, Donna Spain 105 Heritage Dr Bozeman, MT 59715 spainmt@bresnan.net