HomeMy WebLinkAbout09-21-26 Public Comment - S. Bieluch - Public Comment on Application 23245 – 811 W. Mendenhall ApartmentsFrom:Scott Bieluch
To:Bozeman Public Comment; cityclerksdepartment@bozemanmt.gov; Douglas Fischer; Joey Morrison; AlisonSweeney; Emma Bode; Planning Technician; Jennifer Madgic
Subject:[EXTERNAL]Public Comment on Application 23245 – 811 W. Mendenhall Apartments (Request for City
Commission Call-Up and Rigorous Review)
Date:Monday, September 21, 2026 11:55:50 PM
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Subject: Public Comment on Application 23245 – 811 W. Mendenhall Apartments
(Request for City Commission Call-Up and Rigorous Review)
Dear Bozeman City Commissioners and Community Development Department
Reviewers,
I am writing to formally submit public comment regarding Application 23245 (811 W.
Mendenhall Apartments). As a concerned resident, I strongly urge the CityCommission to exercise its authority to "call up" this administrative site plan for a
comprehensive public hearing. The city must enforce every technical checklist
requirement and thoroughly scrutinize the requested departures before any building
permits are considered. Failing to do so directly compromises public safety.
The scale of this project—a 130,315-square-foot, 62-foot-tall structure on a
constrained, split-zoned lot—poses severe structural and operational hazards to the
immediate neighborhood if allowed to proceed with the requested variances:
Alleyway Setback Departure Risks: Reducing the mandatory 20-foot rearsetback to cram this massive building against the western public alleyway
creates a dangerous structural bottleneck. Forcing all daily vehicle traffic for 93
to 95 residential units into a narrow, unmitigated alleyway is an operational
hazard. This gridlock will spill directly onto local streets, blocking emergencyvehicle access and introducing daily conflict points between cars and residents.
Intersection Vision Triangle Danger: The developer’s request for a departure on
the standard street vision triangle at the corner of N. 8th Avenue and W.
Mendenhall Street is a severe threat to pedestrian safety. This intersectionserves as a primary walking route for children attending Whittier Elementary
School and Bozeman High School. Allowing a multi-story building facade to
encroach on critical sightlines creates a literal blind spot, drastically increasing
the risk of vehicle-pedestrian collisions.
Subterranean Engineering Hazards: The proposed conditioned basement
parking garage requires flawless technical execution regarding structural
engineering, stormwater retention, and utility layout. The city must not rush or
bypass outstanding engineering checklists. Unmitigated runoff, utility linefailures, or structural encroachment on public right-of-ways present long-term
health and safety vulnerabilities to adjacent properties.
The shallow incentives of the Affordable Housing Ordinance should not be used as a
loophole to bypass baseline public safety metrics. While high-density infill is animportant goal for Bozeman, it cannot come at the cost of basic physical safety,
visibility, and infrastructure integrity.
I urge the Community Development Department to hold the line on the outstanding
technical review checklists, and I petition the City Commission to pull this project intoa public forum to evaluate its cumulative neighborhood impacts. Public safety must
take precedence over developer convenience.
Sincerely,
Scott Bieluch
Adjoining Property Owner
Bozeman, MT 59715
From:Scott Bieluch
To:Bozeman Public Comment; cityclerksdepartment@bozemanmt.gov; Douglas Fischer; Joey Morrison; Emma Bode;Jennifer Madgic; Alison Sweeney; Planning Technician; agenda@bozemanmt.gov
Cc:gsullivan@bozemanmt.gov
Subject:[EXTERNAL]NOTICE OF ADMINISTRATIVE APPEAL
Date:Tuesday, September 22, 2026 12:03:55 AM
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NOTICE OF ADMINISTRATIVE APPEAL
TO: City of Bozeman Community Development Department / Bozeman Planning
Commission
DATE: September 22, 2026PROJECT NAME: 811 W. Mendenhall Apartments
APPLICATION NUMBER: 23245 (Site Plan Review)
APPELLANT NAME: Scott Bieluch (and Coordinated Neighborhood Property Owners)
APPELLANT ADDRESS: Bozeman, MT 59715
I. STATEMENT OF STANDING
The Appellant is an owner of real property immediately adjacent to or within thelegally defined notice boundary of the proposed development at 811 W. Mendenhall
Street (Springbrook Addition, Block 7, Lots 11 & 12). The Appellant is directly and
adversely affected by the administrative approval of Application 23245, as the scale,
density, and requested design departures present immediate, unmitigated threats toneighborhood safety, property values, and local infrastructure.
II. SPECIFIC DECISION BEING APPEALED
The Appellant is formally appealing the administrative decision by the Community
Development Department staff to grant preliminary/conditional Site Plan Approval
and consider administrative design "departures" for Application 23245, rather thanrequiring formal variances or denying the site plan due to non-compliance with public
safety criteria.
III. GROUNDS FOR APPEAL & SPECIFIC CODE VIOLATIONS
The administrative approval of this Site Plan violates multiple provisions of the
Bozeman Unified Development Code (UDC) and municipal safety frameworks:
1. Violation of UDC 38.540 – Failure to Prevent Undue Traffic Congestion and Safety
Hazards
The Error: Administrative approval was granted despite the project routing
100% of the vehicular traffic for a 93-to-95-unit residential complex directly intoa narrow, public alleyway along the western property line.
The Impact: Pushing hundreds of daily vehicle trips into a constrained alleyway
creates an operational bottleneck. This gridlock will inevitably spill onto North
8th Avenue and West Mendenhall Street, directly compromising activepedestrian corridors heavily used by children walking to and from Whittier
Elementary School and Bozeman High Scool. The city erred by failing to
mandate a comprehensive, independent Traffic Safety Impact Study under UDC
38.540.
2. Illegal Administrative Departure from the Street Vision Triangle
The Error: The Community Development Department lacks the administrative
authority to waive basic physical safety sightlines at a public street intersection
corner.
The Impact: Squeezing a 130,315-square-foot, 62-foot-tall structure right up to
the parcel boundaries while granting a departure for the standard intersection
vision triangle at N. 8th Avenue and W. Mendenhall Street creates a permanent
blind spot. This creates an immediate, physical danger to motorists andpedestrians alike. Such a significant modification requires a formal Variance
Review before the Board of Adjustment, not an administrative sign-off.
3. Abuse of Discretion Regarding Rear Alley Setback Reductions
The Error: City staff accepted the developer's request for a significant reductionof the standard 20-foot rear setback required in the R-5 high-density zone by
improperly utilizing the "shallow incentives" of the Affordable Housing
Ordinance.
The Impact: The Affordable Housing Ordinance was never intended to serve asan administrative loophole to bypass baseline public safety and structural
buffers. Squeezing a 5-to-6 story building directly against a public right-of-way
compromises fire and emergency vehicle clearance, stormwater retention
capacity, and subterranean utility safety.
IV. REQUESTED RELIEF
The Appellant respectfully requests that the Bozeman Planning Commission:
1. Stay all further administrative actions, including the issuance or processing of
any building permit files under the Click2Gov system for 811 W. Mendenhall,
pending the outcome of this appeal.
2. Overturn the administrative site plan approval and find that Application 23245
violates UDC standards for public safety, traffic mitigation, and intersection
sightlines.
3. Order a full, independent Traffic and Pedestrian Safety Audit that specifically
accounts for the proximity to Whittier Elementary School before any future site
plans on this parcel may be considered.
Respectfully Submitted,
Scott Bieluch, Lead Appellant
From:Scott Bieluch
To:Bozeman Public Comment; cityclerksdepartment@bozemanmt.gov; Planning Technician; Douglas Fischer; JoeyMorrison; Emma Bode; Jennifer Madgic; Alison Sweeney; agenda@bozemanmt.gov
Cc:gsullivan@bozemanmt.gov
Subject:[EXTERNAL]Public Comment on Application 23245 – 811 W. Mendenhall Apartments (Demanding CityCommission Call-Up & Comprehensive Review)
Date:Tuesday, September 22, 2026 12:08:12 AM
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Subject: Public Comment on Application 23245 – 811 W. Mendenhall Apartments
(Demanding City Commission Call-Up & Comprehensive Review)
Dear Bozeman City Commissioners and Community Development Department
Reviewers,
I am writing to formally submit public comment regarding Application 23245 (811 W.
Mendenhall Apartments). As a concerned resident, I strongly urge the City
Commission to exercise its administrative call-up authority to pull this site plan into a
public hearing. The city must enforce every technical checklist requirement andthoroughly scrutinize the developer's requested departures before any building
permits are considered. Failing to do so directly compromises public safety and
violates the city's own regulatory framework.
The massive scale of this project—a 130,315-square-foot, 62-foot-tall structure on aconstrained lot—poses severe structural, operational, and physical hazards to our
neighborhood. The development team is attempting to exploit "shallow incentives"
under the Affordable Housing Ordinance as a loophole to bypass baseline public
safety metrics. While high-density infill is an important goal for Bozeman, it cannotcome at the cost of basic physical safety, visibility, and infrastructure integrity.
I demand that the city aggressively evaluate and deny the following non-compliant
elements:
Violation of Multimodal Transport & Traffic Safety Standards: Routing 100% ofthe daily vehicular traffic for a 93-to-95-unit residential complex directly into a
narrow public alleyway along the western property line creates a dangerous
bottleneck. This severe gridlock will spill into North 8th Avenue and West
Mendenhall Street, introducing immediate conflict points in an active pedestriancorridor heavily used by children walking to and from Whittier Elementary
School and Bozeman High School. The city must hold the line on traffic safety
and mandate a comprehensive, independent Traffic Safety Impact Study.
Dangerous Intersection Vision Triangle Departure: The developer’s request fora departure on the standard street vision triangle at the corner of N. 8th Avenue
and W. Mendenhall Street is an unacceptable threat to public safety. Squeezing
a multi-story building facade right up to the parcel boundaries creates a
permanent blind spot at a major neighborhood intersection. Allowing thisdeparture compromises critical sightlines and dramatically increases the risk
of vehicle-pedestrian collisions.
Abuse of Discretion Regarding Rear Setback Reductions: The developer's
request to heavily reduce the standard 20-foot rear buffer required in R-5 high-
density zoning forces this 5-to-6 story building directly against a public right-of-
way. This structural encroachment severely compromises fire and emergencyvehicle clearance, stormwater retention capacity, and subterranean utility safety
for the underground parking garage.
Public safety must take absolute precedence over developer convenience.
The Community Development Department must reject these dangerous
departures, hold the developer strictly to the outstanding technical review
checklists, and pull this project into a public forum to evaluate its
cumulative neighborhood impacts.
Sincerely,
Scott Bieluch
Bozeman, MT
From:Scott Bieluch
To:cityclerksdepartment@bozemanmt.gov; gsullivan@bozemanmt.gov; Planning Technician; Bozeman PublicComment; Douglas Fischer; Joey Morrison; Alison Sweeney; Emma Bode; Jennifer Madgic;agenda@bozemanmt.gov
Subject:[EXTERNAL]FORMAL COMPLAINT AND NOTICE OF PROCEDURAL NON-COMPLIANCE
Date:Tuesday, September 22, 2026 12:33:10 AM
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Date: September 22, 2026
TO:
Office of the City AttorneyCity of Bozeman
P.O. Box 1230Bozeman, MT 59715
Email: cityattorney@bozeman.net
FROM:Scott Bieluch
W Lamme StBozeman, MT 59715
Email: s.bieluch@gmail.com
RE: FORMAL COMPLAINT AND NOTICE OF PROCEDURAL NON-COMPLIANCE
Project Application: Application 23245 (811 W. Mendenhall Street Mixed-Use Development)Subject: Violation of Statutory Neighbor Notification Requirements (Zoning Transition R4 to
R5)
To the Office of the City Attorney,
I am writing to formally log a procedural non-compliance complaint regarding the municipalreview and baseline zoning transition process for Application 23245, located at 811 W.
Mendenhall Street. As an adjoining property owner directly impacted by the scale, height, andrequested structural departures of this proposed five-story development, I am requesting an
immediate administrative audit of the notification timeline associated with this project.
Specifically, I am bringing forward a formal complaint regarding a failure of due process: themandatory neighbor notification via physical mail was bypassed or otherwise unfulfilled
during the critical zoning transition phase (from R4 to R5 designation).
Under Bozeman’s Unified Development Code (UDC) and Montana land use laws, the City isstructurally obligated to provide direct, timely written notice to all property owners within a
designated radius of a proposed zone change. This requirement is not a mere administrativecourtesy; it is a statutory safeguard designed to protect the constitutional "Right to Know" and
"Right of Participation" guaranteed to Montana citizens under Article II of the MontanaConstitution.
Because proper physical mail notification was not completed, the affected neighborhood was
deprived of its lawful window to review the dramatic shifts in allowable density, height limits,and setback requirements before the application progressed to its current administrative review
stage. The developer is currently leveraging this un-notified R5 baseline to request furtheraggressive design departures—specifically regarding standard alley setbacks and street
visibility triangles at North 8th Avenue—which directly jeopardize local safety, utility access,and infrastructural integrity.
Proceeding with final administrative site plan approvals while a foundational notice violation
clouds the project’s history exposes the City to substantial legal vulnerability.
Therefore, I respectfully request that the Office of the City Attorney take the followingimmediate actions:
1. Conduct an internal administrative audit of the mailing logs, certified lists, and date stampsto verify whether conforming physical mailings were sent to all qualifying adjacent property
owners prior to the zoning adjustment.2. Place a temporary administrative hold on the final approval of Application 23245 and its
requested UDC departures until this procedural notification discrepancy is fully investigatedand rectified.
3. Provide a written response detailing the City’s findings regarding the notification timelinefor this specific application.
Thank you for your prompt attention to this matter of public process and municipal
compliance. I look forward to your response.
Sincerely,
Scott BieluchAdjoining Property Owner / Concerned Citizen
From:Scott Bieluch
To:Bozeman Public Comment; cityclerksdepartment@bozemanmt.gov; Planning Technician; Douglas Fischer; JoeyMorrison; Emma Bode; Jennifer Madgic; Alison Sweeney; agenda@bozemanmt.gov; gsullivan@bozemanmt.gov
Subject:[EXTERNAL]PETITION FOR A CONTESTED CASE HEARING AND ADMINISTRATIVE APPEAL
Date:Tuesday, September 22, 2026 12:16:27 AM
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BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF BOZEMAN, MONTANA
IN THE MATTER OF:Application 23245 – Site Plan and Design Departures
for the 811 W. Mendenhall Apartments Project.
PETITION FOR A CONTESTED CASE HEARING AND ADMINISTRATIVE APPEAL
I. IDENTIFICATION OF PARTIES & APPELLANT STANDING
The Petitioner, Scott Bieluch, along with the undersigned affected property owners,respectfully submits this Petition for a Contested Case Hearing.
The Petitioner owns real property situated immediately adjacent to or within the
statutory notice zone of the subject property at 811 W. Mendenhall Street
(Springbrook Addition, Block 7, Lots 11 & 12). The Petitioner’s property rights,physical safety, and quiet enjoyment of their neighborhood are directly, specifically,
and adversely impacted by the administrative decision to award preliminary site plan
approval and allow material design departures to Application 23245.
II. SPECIFIC ADMINISTRATIVE DECISION BEING CHALLENGED
This petition appeals the administrative determination made by the CommunityDevelopment Department to approve the preliminary site plan and grant specific
administrative "departures" from standard zoning constraints under the Unified
Development Code (UDC), rather than enforcing mandatory code compliance or
requiring a formal Variance before this Board.
III. LEGAL AND TECHNICAL GROUNDS FOR CONTESTED CASE
REVIEW
The Petitioner asserts that the administrative approval of Application 23245
constitutes an abuse of discretion and a violation of local and state land-use law
based on the following specific counts:
Count 1: Arbitrary Modification of Safety Intersections (Street Vision Triangle)
The Code Violation: The Community Development Department exceeded its
administrative authority by granting a design departure for the standard street
vision triangle at the intersection of North 8th Avenue and West MendenhallStreet.
The Technical Defect: This intersection is a primary pedestrian walkway for
children attending Whittier Elementary School and Bozeman High School.
Allowing a 130,315-square-foot, 62-foot-tall structure to encroach upon criticalsightlines creates an unmitigated physical blind spot. A modification of this
magnitude threatens public safety and legally requires a formal variance review
before the Board of Adjustment under a strict "unnecessary hardship" standard,
which the developer cannot meet.
Count 2: Non-Compliance with Multimodal Traffic Circulation (UDC Division 38.540)
The Code Violation: The approved site layout violates UDC mandates requiring
developments to provide safe, coordinated traffic circulation and prevent undue
congestion.
The Technical Defect: The project routes 100% of the vehicular traffic for a 93-
to-95-unit residential complex directly into a narrow public alleyway along the
western property line. The city erred by failing to mandate a comprehensive,
independent Traffic Safety Impact Study to analyze how this alley bottleneckwill impact surrounding street networks and pedestrian safety.
Count 3: Unlawful Application of Affordable Housing Ordinance Setback Exemptions
The Code Violation: Administrative staff misapplied the "shallow incentives" of
the Affordable Housing Ordinance to allow a severe reduction of the mandatory20-foot rear buffer zone in the R-5 high-density zoning district.
The Technical Defect: Affordable housing incentives cannot be legally
weaponized to bypass baseline structural safety. Pushing a 5-to-6 story building
directly against a public alley right-of-way compromises emergency vehicleclearance, fire access, and utility maintenance infrastructure.
IV. DEMAND FOR quasi-JUDICIAL PROCEEDINGS & EVIDENCE
SUBMISSION
Because this appeal involves disputed issues of material fact regarding intersection
sightlines, pedestrian safety, and engineering constraints for the underground parking
garage, the Petitioner formally requests:
1. A Contested Case Hearing conducted pursuant to quasi-judicial procedures.
2. The right to subpoena and introduce expert testimony, including independent
traffic engineers and land-use specialists.
3. The right to cross-examine city planning staff and the developer’s designengineers regarding raw data and internal communication logs.
From:Scott Bieluch
To:cityclerksdepartment@bozemanmt.gov; Planning Technician; Bozeman Public Comment; Alison Sweeney;Douglas Fischer; Joey Morrison; Emma Bode; Jennifer Madgic
Subject:[EXTERNAL]Request for Public Interest Fee Waiver – Administrative Appeal for Application 23245 (811 W.
Mendenhall Apartments)
Date:Tuesday, September 22, 2026 12:22:33 AM
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TO: Director of Community Development, City of Bozeman
FROM: Scott Bieluch (Lead Appellant / Petitioner)DATE: September 22, 2026
RE: Request for Public Interest Fee Waiver – Administrative Appeal for Application
23245 (811 W. Mendenhall Apartments)
Dear Director,
I am writing to formally request a public interest administrative waiver of the
$2,371.30 filing fee required to submit our formal Administrative Project Decision
Appeal regarding Application 23245.
While I recognize that the City of Bozeman Fee Schedule is structured to recoveradministrative costs, enforcing a steep fee threshold on an adjacent property owner
seeking to protect public safety serves as an unconstitutional barrier to due process
and community petition.
We request that the city waive this fee based on the following extraordinary publicinterest criteria:
1. Purely Public Safety-Driven Merits: This appeal is not rooted in personal
financial gain or private land-use disputes. The appeal directly challenges
departures granted for the street vision triangle and multimodal traffic safetyunder UDC Division 38.540
at the intersection of N. 8th Avenue and W. Mendenhall Street. Because this
intersection serves as a primary walking route to Whittier Elementary School,
our appeal seeks to uphold a baseline safety standard that directly benefits thepublic good, particularly local schoolchildren.
2. Chilling Effect on Civic Participation: Forcing individual citizens or
neighborhood groups to pay thousands of dollars out of pocket to trigger a
safety audit that the municipal planning staff should have mandated originallycreates a severe chilling effect on neighborhood-level civic engagement.
3. Compelled Appeal Due to Administrative Deficiencies: This appeal has been
made necessary because our previously submitted "Notice of Administrative
Deficiencies" regarding missing site plan checklist files and improper noticeprocedures went unaddressed at the staff level.
Should the department refuse this waiver, I request a formal, written administrative
determination outlining the exact legal provisions within the Bozeman Municipal Codethat bar the Director from exercising public interest fee adjustments.
Respectfully submitted,
Scott Bieluch
V. REQUESTED RELIEF
The Petitioner respectfully requests that the Board of Adjustment:
1. Issue an Immediate Stay on all administrative processing, technical checklist
reviews, and building permit issuances under the Click2Gov system for
Application 23245 pending a final decision on this appeal.
2. Reverse the Administrative Approval of the site plan and find the requesteddesign departures non-compliant with the UDC.
3. Order the Developer to Submit a Revised Plan that respects the full 20-foot rear
setback and the uncompromised street vision triangle.
Respectfully Submitted this 22nd day of September, 2026.
Scott Bieluch, Petitioner