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NOTICE OF AN ADMINISTRATIVE PROJECT DECISION APPEAL
This application is evaluated pursuant to administrative project decision appeals provisions of section 38.250.030 of the Bozeman municipal code (BMC). The City Commission may uphold, amend, or overturn the administrative project decision. The public may comment orally at the public hearing or in writing at or prior to the public hearing regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. Written comments may be directed to: City of Bozeman Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230, or emailed to comments@bozeman.net. Online access to the application is available here (https://weblink.bozeman.net/WebLink/Browse.aspx?startid=311898&cr=1). The full application, including the administrative decision from which this appeal is made, may be reviewed digitally in the City of Bozeman Department of Community Development, Alfred M. Stiff Professional Building, 20 East Olive Street, 582-2260. For those who require accommodations for disabilities, please contact the ADA Coordinator David Arnado, at 582-3232. Please reference Application 25769 in any correspondence.
Project Name: Sundance Springs Commercial Lot 2 Appeal Application: 25769
Summary: An appeal has been submitted regarding the administrative decision conditionally approving a Site Plan for the Sundance Springs Commercial Lot 2 application number 25238. The appeal alleges the City of Bozeman’s (City) approval of the applications should be overturned because: (1) the City disregarded a Master Plan document that was part of the files of the original, approved planned unit development which limits development on this lot to 1 one-story building of 5,000 square feet or less that may only be used as a Village Store; (2) the City’s approval violates provisions 38.440.030 (Amendments to Final PUD Plan) and 38.440.050 of the Bozeman Municipal Code (BMC); (3) development guidelines prohibit the placement of parking in setbacks; (4) the site plan violates required block frontage regulations found within division 38.510 BMC; (5) the site plan violates sections of the 1992 BMC regulating business activities regarding the placement of a dining patio, parking aisle width, and parking lot screening; (6) the site plan violates sections of the 2025 BMC regulating the allowable size of restaurants, parking lot screening, the number of perimeter trees, and the snow storage area; and (7) the City’s decision was pretextual. The City denies the allegations and affirms that its decision approving the site plan application was appropriate.
Parcel size: 1.31 acres (57,159 square feet) Address/Location: corner of S. 3rd Ave. and Little Horse Dr.
Legal Description: Commercial Lot 2 of the Sundance Springs Subdivision Phase 1B (J-257), located in the Northeast Quarter of Section 25, Township 2 South, Range 05 East, City of Bozeman, Gallatin County, Montana
Noticing: Public Comment Period 1/26/2026 to 2/24/2026 Newspaper Legal Ad 1/31/2026 and 2/7/2026 Site Post 1/23/2026
Decision:
Authority and Decision The Bozeman City Commission acting as a board of adjustment pursuant to Resolution 4419, will hold a public hearing on the appeal and issue a decision at its meeting on Tuesday, February 24, 2026, which will be held in person at 6:00 p.m. at City Hall, 121 N. Rouse Ave, Bozeman, MT. The meeting will also be available via video stream with information on how to connect on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion of the City’s website at https://www.bozeman.net/meetings