HomeMy WebLinkAbout10-04-26 Public Comment - S. Bieluch - Public Records Request – Application 23245 Extension and Current Review RecordsFrom:Scott Bieluch
To:Bozeman Public Comment; cityclerksdepartment@bozemanmt.gov; Planning Technician; Alison Sweeney;Michelle Chapel
Subject:[EXTERNAL]Public Records Request – Application 23245 Extension and Current Review Records
Date:Sunday, October 4, 2026 5:35:16 PM
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Dear City Clerk,
Pursuant to Montana's public records laws, I am requesting copies of existing City recordsconcerning the pending or recently submitted extension of the approved development
associated with City of Bozeman Development Application 23245, 811 W. MendenhallStreet.
I am specifically seeking records concerning the Extension to Approved Plan (EXT) or anyother application, review, or administrative action through which the applicant has requested
additional time or continuation of the September 2025 approved site plan.
1. Extension application and identifying information
Please provide:
The complete extension application submitted by the applicant, including allattachments and exhibits;The date the extension application was submitted;The application number or tracking number assigned to the extension, if different fromApplication 23245;The date the extension application was determined complete, if applicable;The requested extension period and proposed new expiration date;Any revised plans, drawings, site plans, traffic information, or other technicaldocuments submitted with or in support of the extension;Any subsequent revisions or supplemental materials submitted by the applicant.
If the extension is not being processed under Application 23245, please provide the separateapplication or tracking number under which it is being processed.
2. Current status and staff review
Please provide existing records showing the current status of the extension request, including:
Staff review comments;Community Development review;
Planning review;Engineering review;
Building review;Fire Department review;
Any other departmental review or comments;Staff recommendations, determinations, memoranda, or decision documents;
Any proposed conditions of approval;Any draft or final decision concerning the extension.
If a final decision has already been made, please provide the decision and the date it becamefinal.
3. Communications concerning the extension
Please provide records of communications between City staff and the applicant, applicantrepresentatives, consultants, or property owners concerning the extension request, includingemails, memoranda, letters, meeting notes, or other written communications.
This request is limited to communications concerning the extension or continuation of theapproved plan, rather than routine correspondence concerning the original 2024 public-comment period.
4. Original approval and current extension review
Please provide the records presently relied upon by the City in determining whether the
September 2025 approved site plan should be extended, including:
The September 2025 final approval;
Approved conditions of approval;Any mitigation measures associated with the approval;
Any subsequent modifications or amendments to the approved plan;Any City analysis or determination concerning whether previously approved mitigation
remains relevant, adequate, or applicable to present circumstances;Any records concerning changed site, transportation, infrastructure, pedestrian, traffic,
access, or surrounding-development conditions considered as part of the extensionreview.
5. Departures, variances, deviations, waivers, or other exceptions
Please provide any records associated with the extension review that identify or discuss:
Vision-triangle relief or departure;Alley setback or other alley-related relief;Setback departures;Variances;Deviations;Waivers;Exceptions;Modifications to previously approved conditions; orAny other departure from the standards or conditions applicable to the September 2025approval.
Please include any staff analysis, findings, technical documentation, or applicant justificationassociated with those matters.
6. Traffic and transportation information
Please provide any records generated or submitted in connection with the extension reviewconcerning traffic or transportation, including:
Traffic studies or updates;Traffic counts;
Intersection analysis;Trip-generation or trip-distribution information;
Engineering review;Analysis of changed surrounding development or transportation conditions; and
Any determination concerning whether the traffic information supporting the originalapproval remains current or adequate.
7. Legal and procedural basis for the extension review
Please provide existing records identifying the legal and administrative basis under which theextension is being processed, including:
The specific BMC/UDC provision governing the extension;Any staff memorandum, legal memorandum, determination, or other written analysisconcerning the legal classification of the extension;Any record addressing whether the extension constitutes a new application, anadministrative continuation of the prior approval, a vested right, or another type ofadministrative action;Any record addressing whether the extension is considered a final administrative projector land-use decision;Any record addressing whether the extension is appealable;Any record identifying the appeal procedure, if any, applicable to the extension; andAny legal or administrative determination concerning the applicability of MCA 76-25-503 or MCA 76-25-305 to the extension.
I am specifically requesting existing records on these subjects, rather than asking the City tocreate a new legal opinion or answer hypothetical legal questions.
8. Public comments or other information concerning the extension
Please provide any public comments, correspondence, photographs, reports, or other materials
received by the City that have been associated with the extension review or otherwiseprovided to City staff for consideration in connection with the extension.
I understand the City's position that the public-comment period for the original 2024 Site Planapplication closed on May 30, 2024. I am not requesting that those comments be reopened or
reclassified.
This request concerns records relating to the subsequent extension review.
9. If records are maintained in another system
If any responsive records are maintained under a separate application number, ProjectDoxrecord, Laserfiche/WebLink record, EXT application number, or other tracking system, please
identify that number and provide the responsive records.
If responsive records are available through the City's online project-record system, please
provide the direct link or other identifying information necessary to locate the completerecord.
If portions of the requested records are exempt from disclosure, please provide the non-exemptportions and identify the specific statutory basis for withholding each withheld portion.
I would appreciate electronic copies where available.
Thank you for your assistance. I am specifically trying to obtain the City's current records
concerning the extension request and its review, rather than duplicating the historical public-comment record for the original Site Plan application.
Sincerely,
Scott Bieluch