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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 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. 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 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. 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 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. 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 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. 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 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. 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 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: 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