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HomeMy WebLinkAbout05-20-25 Public Comment - J. Amsden - Objection -- Application No. 24147From:John Amsden To:Bozeman Public Comment Cc:Tyler Steinway Subject:[EXTERNAL]Objection -- Application No. 24147 Date:Tuesday, May 20, 2025 10:29:51 AM Attachments:25-0520 Amsden to City of Bozeman re May 20 2025 Hearing.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see attached. NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution or other use by any other person or entity is strictly prohibited. If you are not the named recipient or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you. Beck, Amsden & Stalpes pllc 610 Professional Drive Bozeman, MT 59718 JOHN L. AMSDEN PARTNER Tel: 406-586-8700 Amsden@becklawyers.com May 20, 2025 VIA ELECTRONIC MAIL City of Bozeman Attn: City Commission and Planning Department 121 N. Rouse Avenue Bozeman, MT 59715 comments@bozeman.net Re: Application No. 24147 (Boutique Hotel Mendenhall) – Request to Pause Approval Dear Mayor, Commissioners, and Planning Staff: I am writing on behalf of the owners and tenants of the historic Bozeman Hotel, located at 321 E Main Street, regarding the pending application for the Boutique Hotel Mendenhall (Application No. 24147). I respectfully request that the Commission pause approval of this project until key procedural and legal issues are addressed. The current proposal displaces functioning, code-recognized parking that has long served Bozeman Hotel tenants and other downtown businesses. This is not merely a question of project design—it is a fundamental breakdown in planning process and legal compliance. 1. The Proposal Violates Bozeman’s Zoning Code The applicant attempts to reassign leased parking already allocated to the Bozeman Hotel and treat it as new inventory. Bozeman Municipal Code § 38.540.060, .070 permits shared parking, but does not allow the reassignment of an existing parking allocation to a new use without lawful review and neighbor consent. This is not a gray area. The project effectively extinguishes long-established rights by sleight of hand. 2. The Planning Process Has Excluded Key Stakeholders Despite being a direct and materially affected party, I have received no communication—formal or informal—from the applicant or from City staff in response to the dozens of letters and emails I have sent since this application surfaced. I have made every effort to engage constructively. The only response I’ve received is the City’s staff recommendation that the Commission ignore our concerns. That is not how public planning is supposed to work. City of Bozeman May 20, 2025 Page 2 3. The Traffic and Parking Analysis Is Fundamentally Flawed The applicant misrepresents baseline parking conditions by characterizing the current building site as “vacant.” This is demonstrably false. In addition, the Pederson lot is actively leased and in daily use by Bozeman Hotel tenants. The resulting traffic and parking impact study is therefore inaccurate and incomplete—and the public has not been given a fair or factual basis on which to evaluate this project. 4. The Commission Should Uphold Its Own Policies This project contradicts the intent of § 38.540.010, which emphasizes reducing congestion and protecting the walkable fabric of our downtown. Replacing neighborhood-serving office uses with dense hotel traffic while removing parking undermines that purpose. At a minimum, such a shift warrants open consultation, accurate information, and legal clarity. Request for Action I respectfully ask the Commission to: 1. Defer approval of the Boutique Hotel Mendenhall until an independent review is conducted. 2. Require the applicant to provide replacement parking or secure mutual agreement with affected users. 3. Direct staff to respond substantively to concerns raised by neighboring property owners. 4. Ensure that any parking changes comply with § 38.540.060, .070 and do not rely on double-counted or misrepresented data. We don’t oppose growth. We ask that growth occurs lawfully, transparently, and with respect for the people and businesses that have long anchored downtown Bozeman. The Bozeman Hotel has stood for 133 years. We ask only that we not be erased without due process. Sincerely yours, John L. Amsden