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HomeMy WebLinkAbout03-10-26 Public Comment - S. Boyd - Comment letter on application 25667 From: Scott and Frances Boyd To: Bozeman Public Comment Cc: Joey Morrison;Douglas Fischer;Jennifer Madoic; Emma Bode;Alison Sweeney Subject: [EXTERNAL]Comment letter on application 25667 Date: Tuesday,March 10,2026 11:53:23 AM 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. To whom it may concern, I am writing to register my opposition to CCOA application 25667. First and foremost, both the applicant and the city are aware of active litigation regarding the subject property and its proposed redevelopment under application 24493. In particular, one of the most pertinent issues in contention is the treatment of the large, mature trees on the site and the NCOD Design Guidelines' mandatory elements regarding landscaping. From the Guidelines: Should. If the term "should" appears in a design guideline, compliance is required. (emphasis added) In cases where specific circumstances of a project make it impractical to do so, the City may determine that compliance is not required if the applicant demonstrates how the related policy statement still will be met. • Design Guideline E. Landscape Design o Policy: Traditionally, plant beds were located around building foundations, along walkways and sometimes in front of fences. (emphasis added) Some of these plantings may have historic significance and should be retained, to the extent feasible. Some mature trees may also contribute to the historic landscape and should be preserved. (emphasis added) Guidelines to achieve this policy include: 1. Preserve and maintain mature trees and significant vegetation within all corridors. o Include existing vegetation as a part of a landscape design scheme where appropriate. o In development areas, healthy trees and vegetation clusters should be identified for preservation. (emphasis added) Special consideration should be given to mature trees, 6" or greater in diameter, and to vegetation clusters with significant visual impact. (emphasis added) Vegetation designated for preservation should be incorporated into new development site design to the maximum extent possible. (emphasis added) Secondly, it is remarkable that the city would reward demolition by neglect as contemplated by this application. All of the conditions that are contributing to the building's classification as unsafe and dangerous are a product of the applicant's own actions. Clearly, the applicant's intent was to leave all the debris from the asbestos mitigation on site until demolition could proceed, so they wouldn't have to pay to remove it twice. That is supported by the fact that all of the external debris also remained onsite since the asbestos mitigation initially took place (photos attached). Even the satellite view of the subject property on the public notice shows the piles of debris. Those piles were only removed due to a code enforcement complaint that was filed and pursued by the city(case#CS-25-1255). Furthermore, it was a result of the applicant's leaving the building unsecured, exposed to the elements, and easily accessible by vagrants that led to the conditions referenced in the report. Securing the property with fencing didn't take place until the code enforcement action. The prudent course of action at this point would be to mitigate the concerns of fire load due to combustible materials being 'filled to the ceiling' (another self-inflicted condition) by removing the debris. There is now fencing surrounding the property to secure it. Protecting the structure from the elements with better means than plastic film and duct tape or plywood simply leaning against a broken window, as supported by the applicant's photos, is called for. Allowing the structure to remain as is and secured from unauthorized entry will cause no harm to the public until the active appeal in the District Court is resolved. In no uncertain terms, the city should not permit the removal of or damage to the large mature trees on the site, given the unresolved applicability of the NCOD Design Guidelines. To do so would cause irreparable harm to the neighborhood and prove to be prohibitively expensive for the applicant or city to remediate. Regards, Scott Boyd T I r M a " �-•��.,.,. � £„ tp�. -•We- '� aYsaett'u -w- n�� �T/C � � f�.- .C•� 4 .•p 1�• lip h _�+G3 p, ���- _ �1S ^�,";. is �,•. -F S, j,. "�' "Z' �1� 5 3 ?�.,, :5='Ta �ls. y a•,tBt a�.�e�3"'F, rz +..'� � -��""rr � � v ,{tom ,� ��.� ��� ...fir .�,,.. �%J "� �� C!.. ..�: V:r 7P- t ems•, _ - `"dl0. ,.� ± at