HomeMy WebLinkAbout09-03-26 Public Comment - S. Bieluch - PRE-DECISION OBJECTIONFrom:Scott Bieluch
To:Planning Technician; Bozeman Public Comment
Cc:agenda@bozemanmt.gov; cityclerksdepartment@bozemanmt.gov; Joey Morrison; Douglas Fischer; Jennifer
Madgic; Emma Bode; Alison Sweeney
Subject:[EXTERNAL]PRE-DECISION OBJECTION
Date:Thursday, September 3, 2026 4:51:31 PM
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To the Bozeman Planning Director and Members of the City Commission,
I am writing to formally enter my structural objections into the permanent public
record regarding Application No. 23245. As a long-time resident and property owner
immediately adjacent to this proposed development, I demand that the PlanningDirector withhold administrative site plan approval. This application contains severe
infrastructure, safety, and due process deficiencies that cannot be legally or ethically
rubber-stamped behind closed doors.
Should the Planning Department attempt to move forward with administrativeapproval despite these documented code failures, consider this an official demand
for an immediate City Commission Call-Up to pull this project into a transparent
public forum.
I. MATERIAL DEFICIENCIES AND REGULATORY VIOLATIONS1. Violation of Mandatory UDC Parking Ratios
The current site plan proposes ninety-five (95) residential units while providing
only sixty-eight (68) off-street parking spaces. This massive parking deficit
directly violates standard Unified Development Code (UDC) minimums. ThePlanning Department has no legal authority to administratively grant a varianceof this scale without a demonstrated, lawful hardship vetted through a public
hearing. Midtown’s existing street infrastructure cannot absorb this overflow,
and local residents will not pay the price for a developer's cost-cutting.
2. Failure of Public Notice and Due ProcessThe developer has repeatedly advanced material modifications to this project
without providing lawful, timely notice to adjacent property owners within the
mandated notice boundary. This administrative failure strips local residents oftheir explicit right to review and object on the public record, rendering thecurrent review process legally deficient.
3. Unmitigated Traffic and Safety Hazards
The submittal completely fails to mitigate compound traffic impacts on WestLamme Street and surrounding intersections. Transforming a dense, narrowresidential street into a high-speed cut-through corridor without traffic-calming
measures creates an immediate public safety hazard and actively devalues
local residential properties.
4. Abuse of the Affordable Housing Incentive LoopholeThe developer is attempting to use an illusory public benefit to bypass basic
neighborhood infrastructure rules. Allocating a mere five percent (5%) of the
units as affordable housing is a token gesture that does not justify sweepingdeviations from height, density, and parking mandates.
5. Traffic Impact Deficiencies & Demand for Supplemental TIS
Pursuant to BMC Section 38.24, I challenge the baseline assumptions of the
developer’s Traffic Impact Study (TIS). The current data completely ignoreslocalized infrastructure degradation, delivery vector gridlock, and severe traffic
hazards unique to the West Lamme Street residential corridor. I formally
demand that the city require a localized, independent Supplemental Micro-
Traffic Analysis prior to any site plan approval.
6. Non-Compliance with BMC Title 14 Stormwater Regulations
The current application fails to prove compliance with BMC Section 14.10.020.
Replacing porous residential lots with a high-density, impervious mixed-use
block will exponentially increase peak stormwater and winter snowmelt runoffinto an already strained municipal system. I demand a full, transparent audit of
the developer's retention basin sizing, discharge calculations, and surface spot
elevations by the Stormwater Division.
7. Demand for Multi-Agency Water and Sanitation Capacity AuditThe sheer volume of concurrent fixtures introduced by 95 units threatens thewater pressure and sanitation integrity of surrounding historic properties. I
demand that administrative sign-off be withheld until a formal fire flow test and
a comprehensive infrastructure capacity audit are completed and certified byboth City Engineering and the Montana Department of Environmental Quality(DEQ) under Sanitation Act guidelines.
II. DEMAND FOR ACTION
I demand that the Planning Department reject the current iteration of Application No.23245 and require the developer to resubmit a plan that complies with standard UDCparking and safety metrics.
If administrative approval is signed despite these formal objections, I am fully
prepared to file an Administrative Project Decision Appeal (APA) to halt constructionand force a review before the Board of Adjustment. Long-time Bozeman taxpayersrefuse to bear the logistical and financial burdens of non-compliant corporate
developments.
I request a delivery and read receipt for this communication to verify its inclusion inthe master project file.
Respectfully submitted,
Scott Bieluch805 W. Lamme Street
Bozeman, MT 59715
From:Scott Bieluch
To:Planning Technician; Bozeman Public Comment
Cc:Bozeman City Clerks Department; Agenda; Building; Joey Morrison; Douglas Fischer; Jennifer Madgic; Emma
Bode; Alison Sweeney
Subject:[EXTERNAL]URGENT: PRE-DECISION OBJECTION
Date:Thursday, September 3, 2026 5:02:16 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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FORMAL PRE-DECISION OBJECTION & COMMISSION CALL-UP REQUEST
RE: Application No. 23245 (811 W. Mendenhall Site Plan)
FROM: Scott Bieluch, Property Owner (805 W. Lamme St., Bozeman, MT)
To the Bozeman Planning Department & City Commission:
I am formally submitting structural objections to Application No. 23245. As an
adjacent property owner, I request that the Planning Director withhold administrativesite plan approval due to critical code violations. If approval is considered, I request
an immediate City Commission Call-Up for a public hearing.
MATERIAL DEFICIENCIES & CODE VIOLATIONS:1. Violation of UDC Parking Ratios: The plan proposes 95 residential units but only
68 parking spaces. This massive deficit violates standard UDC minimums. Staff
cannot administratively grant a variance of this size without a public hearing.
Midtown infrastructure cannot absorb this overflow.
2. Failure of Public Notice: The developer has advanced major modifications
without providing lawful, timely notice to adjacent owners within the required
boundary. This strips neighbors of their right to review and object on the public
record.
3. Unmitigated Traffic & Safety Hazards: The submittal fails to mitigate compoundtraffic on W. Lamme St. Turning a narrow residential street into a high-speed
cut-through zone creates an immediate safety hazard and devalues local
property.
4. Abuse of Affordable Housing Loophole: A mere 5% affordable housingallocation is being used to bypass basic neighborhood rules. This token gesture
does not justify sweeping deviations from height, density, and parking
mandates.
ADDENDUM: SPECIFIC INFRASTRUCTURE AND ENGINEERING OBJECTIONS
1. Traffic Impact Deficiencies & Demand for Supplemental TISPursuant to BMC Section 38.24, I challenge the baseline assumptions of thedeveloper’s Traffic Impact Study (TIS). The current data completely ignores
localized infrastructure degradation, delivery vector gridlock, and severe traffic
hazards unique to the West Lamme Street residential corridor. I formally
demand that the city require a localized, independent Supplemental Micro-Traffic Analysis prior to any site plan approval.
2. Non-Compliance with BMC Title 14 Stormwater Regulations
The current application fails to prove compliance with BMC Section 14.10.020.
Replacing porous residential lots with a high-density, impervious mixed-useblock will exponentially increase peak stormwater and winter snowmelt runoff
into an already strained municipal system. I demand a full, transparent audit of
the developer's retention basin sizing, discharge calculations, and surface spot
elevations by the Stormwater Division.
3. Demand for Multi-Agency Water and Sanitation Capacity Audit
The sheer volume of concurrent fixtures introduced by 95 units threatens the
water pressure and sanitation integrity of surrounding historic properties. I
demand that administrative sign-off be withheld until a formal fire flow test anda comprehensive infrastructure capacity audit are completed and certified by
both City Engineering and the Montana Department of Environmental Quality
(DEQ) under Sanitation Act guidelines.
4.
5. Demand for Formal Arboricultural Assessment under BMC Section 38.420The massive excavation footprint and structural foundation designs for
Application No. 23245 threaten the root systems and stability of mature tree
canopies directly bordering the project line. I demand that administrative sign-off be withheld until the City Arborist conducts a formal onsite review andissues a mandatory Tree Protection and Mitigation Plan to preserve the
neighborhood's historic canopy.
6. Demand for MEPA Environmental Assessment (EA) Checklist AuditDue to the unprecedented density shift of 95 units in a low-density corridor, thisproject introduces severe cumulative impacts regarding localized noise, urban
heat islands, and wildlife displacement. I demand the city execute a formal
Montana Environmental Policy Act (MEPA) checklist review to ensure that thecumulative environmental degradation of this development is fully assessed onthe public record.
7. Solid Waste and Emergency Vehicle Egress Challenge
The current site plan fails to demonstrate that commercial solid wastecollection and emergency response vehicles can safely access and exit thefacility without entirely blocking public right-of-ways on West Lamme Street. I
demand a formal, joint review by the Bozeman Solid Waste Division and the Fire
Marshal to execute a vehicle turning-radius audit to prevent catastrophic safetybottlenecks.
DEMAND FOR ACTION:
I demand the Planning Department reject Application #23245 and require full UDCcompliance. If signed administratively, consider this an official petition for aCommission Call-Up. Long-time Bozeman taxpayers refuse to absorb the burdens of
non-compliant, corporate development.
Respectfully submitted,
Scott Bieluch
Customer Submission #CS-26-821 Closed
Created on September 3, 2026 by Scott Bieluch | Closed on September 4, 2026 by Mike Maas
Description
FORMAL PRE-DECISION OBJECTION & COMMISSION CALL-UP REQUESTRE: Application No. 23245 (811 W. Mendenhall Site Plan)FROM: Scott Bieluch, Property Owner (805 W. Lamme St., Bozeman, MT)To the Bozeman Planning Department & City Commission:I am formally submitting
structural objections to Application No. 23245. As an adjacent property owner, I request that the Planning Director withhold administrative site plan approval due to critical code violations. If approval is considered, I request an immediate City Commission Call-Up for a public
hearing.MATERIAL DEFICIENCIES & CODE VIOLATIONS:Violation of UDC Parking Ratios: The plan proposes 95 residential units but only 68 parking spaces. This massive deficit violates standard UDC minimums. Staff cannot administratively grant a variance of this size without a public
hearing. Midtown infrastructure cannot absorb this overflow.Failure of Public Notice: The developer has advanced major modifications without providing lawful, timely notice to adjacent owners within the required boundary. This strips neighbors of their right to review and object on
the public record.Unmitigated Traffic & Safety Hazards: The submittal fails to mitigate compound traffic on W. Lamme St. Turning a narrow residential street into a high-speed cut-through zone creates an immediate safety hazard and devalues local property.Abuse of Affordable Housing
Loophole: A mere 5% affordable housing allocation is being used to bypass basic neighborhood rules. This token gesture does not justify sweeping deviations from height, density, and parking mandates.DEMAND FOR ACTION:I demand the Planning Department reject Application
#23245 and require full UDC compliance. If signed administratively, consider this an official petition for a Commission Call-Up. Long-time Bozeman taxpayers refuse to absorb the burdens of non-compliant, corporate development.Respectfully submitted,Scott Bieluch
Location
811 W
MendenhallSt, Bozeman,MT 59715
Section 1: Assessor's Addresses
Section 2: CDBG Information
Customer Messages (4)
Sam Sagstetter, BozemanMT@customerportal.help 09/03/2026 04:30pm Email
Issue # CS-26-821: We've received your feedback!
Assigned to
Alex Newby
Collaborator/s
Mike Maas
Due By
09/06/2026
Submission Age
1 Day
Attachments
0
Customer Messages
0
Internal Comments
0
Tasks
0
ChannelWeb SourceInternal by Scott Bieluch CategoryPublic Comment DepartmentClerk's Office Customer NameScott Bieluch Customer Emails.bieluch@gmail.com
Cell Phone
-
Street Address
811 W Mendenhall St
#-
City
Bozeman
State
MT
Zip
59715
APN06079812117010000
Owner NameMENDELAREL LLC Owner's Mailing Address540 Madison Ave 26Th Flr, NEW YORK, NY 10022 Flagged?No
Assessor's Address811 W MENDENHALL ST, Bozeman, MT 59715
CDBG Eligible?
No
CDBG Approved?
No
Census Tract
000701
Block Group
2
LowModPct
44.6
9/4/26, 10:35 AM about:blank
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Hello Scott Bieluch,Thank you for your feedback (CS-26-821). We're glad you reached out to the City of Bozeman. Your feedback has been received and is being routed to the appropriate City staff! If your feedback requires follow-up please expect an answer within 3 business days.
Thank you.Sam SagstetterBozeman, MT121 North Rouse Avenue
This email is in reference to issue CS-26-821 (CRM-uduoNwmfO). 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
Sam Sagstetter 09/04/2026 09:58am Email
Issue # CS-26-821: We've received your feedback!
Thank you for your feedback, Scott.
I will forward your comment to City Clerk's office. They handle all public comment requests. Thank you.
This email is in reference to issue CS-26-821 (CRM-uduoNwmfO). 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
Mike Maas 09/04/2026 10:32am Email
Issue # CS-26-821: We've received your feedback!
Good morning, Scott,
You submission here, as well as the other three sent to the public comments email will all be bundled and processed in our next batch of public comments to the appropriate staff and the City Commission.
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-26-821 (CRM-uduoNwmfO). In case of any queries, you can respond to this email and we will get back to you as soon as we can.Bozeman, MT121 North Rouse Avenue , Bozeman, MT 59715
Alex Newby, BozemanMT@customerportal.help 09/04/2026 10:33am Email
Issue # CS-26-821: We've closed your feedback request.
Hello Scott Bieluch,Your feedback (CS-26-821) has been closed. This means your feedback either didn't require a follow-up, OR a member of city staff has responded to you! Of course, if something comes up in the future we encourage you to reach out again. Thank you for engaging with the City of Bozeman!
Alex NewbyBozeman, MT121 North Rouse Avenue
This email is in reference to issue CS-26-821 (CRM-uduoNwmfO). In case of any queries, you can respond to this email and we will get back to you as soon as we can.Bozeman, MT121 North Rouse Avenue , Bozeman, MT 59715
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