HomeMy WebLinkAbout04-08-26 Public Comment - S. Bieluch - FORMAL NOTICE OF ADMINISTRATIVE DEFICIENCIES – Application #23245 (811 W. Mendenhall)From:Scott Bieluch
To:cityattorney@bozeman.net; Greg Sullivan; Bozeman Public Comment; Emma Bode;Cityattorneyinfo@bozeman.net; citydesk@bozemanchronicle.com; KBZK Newsroom
Subject:[EXTERNAL]FORMAL NOTICE OF ADMINISTRATIVE DEFICIENCIES – Application #23245 (811 W. Mendenhall)
Date:Thursday, April 2, 2026 5:40:28 PM
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To: Bozeman Department of Community Development; City Commission; City
Attorney’s Office
From: Scott Bieluch (805 W. Lamme St.)
Date: April 2, 2026
Subject: FORMAL NOTICE OF ADMINISTRATIVE DEFICIENCIES – Application
#23245 (811 W. Mendenhall)
Public Comment for the Record:
I am writing to provide formal notice that the administrative approval of Application
#23245 is in direct violation of the 2026 Unified Development Code (UDC) and
Montana state infrastructure standards. I am formally requesting a Stay of Permit
Issuance and an immediate Commission Call-Up based on the following legal and
technical grounds:
Violation of Zone Edge Transition Standards (UDC Sec. 38.260.070): The project
fails to adhere to mandatory "Step-Back" requirements for R-5 developments
adjacent to the Neighborhood Conservation Overlay District (NCOD). The lack of a
45-degree recession above the second story creates an illegal "wall effect" that
violates the UDC’s intent to protect the solar access and scale of the historic 800
block.
Failure of Infrastructure Concurrency (UDC Sec. 38.230): Per the 2026 UDC, the
City cannot issue a building permit without a certified Capacity Analysis confirming
that the 100-year-old water and sewer mains in Midtown can support 95 units without
degrading service to existing residents. I move for a stay until a site-specific
"Concurrency Report" is made available for public audit.
Montana DEQ Stormwater Compliance (MCA 75-5-401): The proposed high-
density excavation and basement garage risk significant groundwater displacement. I
am formally alerting the City that any permit issued without a verified DEQ Storm
Water Discharge Permit and a site-specific SWPPP (Storm Water Pollution
Prevention Plan) constitutes a failure of due diligence and opens the City to potential
environmental liability.
Administrative Appeal (UDC Sec. 38.250.030): Take notice that this comment
serves as a preliminary intent to file a Formal Administrative Appeal if these
technical deficiencies are not addressed. Any attempt to issue a "Footing and
Foundation" permit while these code conflicts remain constitutes an "arbitrary and
capricious" application of the 2026 UDC.
I urge the Commission to pull this project for a full public hearing to ensure that "as-of-
right" development does not become "exempt-from-code" development.
Respectfully,
Scott Bieluch
From:Scott Bieluch
To:Bozeman Public Comment
Cc:jschuter@bozeman.net; Nicholas Ross; abently@bozeman.net; kmehrens@bozeman.net
Subject:[EXTERNAL]FORMAL OBJECTION and Request for Site Plan Call-Up: App #23245 (811 W. Mendenhall)
Date:Thursday, April 2, 2026 4:10:10 PM
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To: Bozeman Department of Community Development / City Commission
Subject: FORMAL OBJECTION and Request for Site Plan Call-Up: App #23245 (811
W. Mendenhall)
I am writing to formally object to the administrative approval of Application #23245
and request that the City Commission exercise its authority under Bozeman Municipal
Code Section 38.250.010 to call this project back for a full public review. The project
as currently approved is in direct conflict with several provisions of the 2026 Unified
Development Code (UDC):
Non-Compliance with Zone Edge Transitions (Sec. 38.260.070): The 5-story
massing fails to demonstrate the mandatory 45-degree step-backs required for high-
density R-5 developments bordering residential neighborhoods. This "wall effect"
violates the UDC’s objective to protect the solar access and character of the
Neighborhood Conservation Overlay District (NCOD).
Failure to Verify Utility Concurrency (Sec. 38.230): I move that the city halt permit
issuance until a site-specific Water and Sewer Capacity Report is published. Under
the updated code, administrative approval cannot be finalized based on "vague
statements" of serviceability, especially in Midtown areas experiencing rapid
infrastructure strain.
Public Safety Risk (Multimodal Connectivity): The proposed vehicle access via a
narrow alleyway creates a hazardous intersection for students walking to Whittier
Elementary. I request a supplemental Intersection-Level Safety Analysis as
authorized by the new UDC transportation standards.
The City Commission has previously denied projects for these exact failures in
contextual sensitivity. I urge you to pull this project from administrative approval to
ensure the developer is held to the same rigorous 2026 standards as every other
builder in Bozeman.
Respectfully,
Scott Bieluch
From:Scott Bieluch
To:Nicholas Ross; jschutter@bozeman.net; kmehrens@bozeman.net; abently@bozeman.net; Bozeman PublicComment
Subject:[EXTERNAL]Formal Objection to Building Permit Issuance for Application #23245 (811 W. Mendenhall) – Request
for Supplemental Infrastructure Impact Analysis
Date:Thursday, April 2, 2026 4:03:56 PM
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To: Bozeman Department of Community Development / City Commission
From: Scott Bieluch, Resident ( W. Lamme St.)
Date: April 2, 2026
Subject: Formal Objection to Building Permit Issuance for Application #23245 (811
W. Mendenhall) – Request for Supplemental Infrastructure Impact Analysis
Public Comment:
I am writing to formally object to the issuance of any final building or excavation
permits for the 811 W. Mendenhall project (App #23245) until the following technical
discrepancies under the 2026 Unified Development Code (UDC) are addressed:
Inadequate Multi-Modal Traffic Analysis: The current site plan relies on a
generalized traffic memo that does not account for the cumulative impact of the 95
units on the North 8th Avenue corridor, particularly during Whittier Elementary peak
drop-off/pick-up hours. Under the new UDC safety standards, I request a
supplemental intersection-level analysis for N. 8th and W. Mendenhall to ensure
pedestrian safety is not compromised by the proposed density.
Water and Sewer Capacity Verification: Given the unprecedented density of this R-
5 project, I formally request a publicly accessible capacity report from the Water &
Sewer Department. It is unclear if the existing 100-year-old mains on W. Lamme and
W. Mendenhall can support a 95-unit load without impacting the water pressure and
service reliability for existing tax-paying residents.
Stormwater Compliance Audit: The proposed basement parking garage and near-
100% lot coverage present significant runoff risks. I request an audit of the Post-
Construction Stormwater Facility plan to ensure it meets the October 2024 Design
and Construction Standards for high-groundwater areas like Midtown.
Neighborhood Conservation Overlay (NCOD) Step-Backs: I move that the
Planning Department re-verify the transition setbacks on the North and West
elevations. The current massing fails to provide the "contextual sensitivity" required
by the NCOD, effectively creating a "wall effect" that infringes on the solar access and
privacy of the adjacent low-intensity residential properties.
Until these technical reviews are finalized and made available for public inspection via
the Laserfiche repository, any move to issue a building permit is premature and poses
a risk to the public interest.
Respectfully,
Scott Bieluch
W Lamme St
Bozeman, MT
From:Scott Bieluch
To:Bozeman Public Comment
Subject:[EXTERNAL]Formal Objection to Building Permit Issuance for Application #23245 (811 W. Mendenhall) – Request
for Supplemental Infrastructure Impact Analysis
Date:Thursday, April 2, 2026 4:00:30 PM
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: Bozeman Department of Community Development / City Commission
From: Scott Bieluch, Resident ( W. Lamme St.)
Date: April 2, 2026
Subject: Formal Objection to Building Permit Issuance for Application #23245 (811
W. Mendenhall) – Request for Supplemental Infrastructure Impact Analysis
Public Comment:
I am writing to formally object to the issuance of any final building or excavation
permits for the 811 W. Mendenhall project (App #23245) until the following technical
discrepancies under the 2026 Unified Development Code (UDC) are addressed:
Inadequate Multi-Modal Traffic Analysis: The current site plan relies on a
generalized traffic memo that does not account for the cumulative impact of the 95
units on the North 8th Avenue corridor, particularly during Whittier Elementary peak
drop-off/pick-up hours. Under the new UDC safety standards, I request a
supplemental intersection-level analysis for N. 8th and W. Mendenhall to ensure
pedestrian safety is not compromised by the proposed density.
Water and Sewer Capacity Verification: Given the unprecedented density of this R-
5 project, I formally request a publicly accessible capacity report from the Water &
Sewer Department. It is unclear if the existing 100-year-old mains on W. Lamme and
W. Mendenhall can support a 95-unit load without impacting the water pressure and
service reliability for existing tax-paying residents.
Stormwater Compliance Audit: The proposed basement parking garage and near-
100% lot coverage present significant runoff risks. I request an audit of the Post-
Construction Stormwater Facility plan to ensure it meets the October 2024 Design
and Construction Standards for high-groundwater areas like Midtown.
Neighborhood Conservation Overlay (NCOD) Step-Backs: I move that the
Planning Department re-verify the transition setbacks on the North and West
elevations. The current massing fails to provide the "contextual sensitivity" required
by the NCOD, effectively creating a "wall effect" that infringes on the solar access and
privacy of the adjacent low-intensity residential properties.
Until these technical reviews are finalized and made available for public inspection via
the Laserfiche repository, any move to issue a building permit is premature and poses
a risk to the public interest.
Respectfully,
Scott Bieluch
W Lamme St
Bozeman, MT