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HomeMy WebLinkAbout1999-03-01 Minutes, City Commission .- ..-. ..---- -. . - -. -- . MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 1, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 1, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - SeDtember 8. 1998. and February 16 and February 22. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meeting of February 22, 1999, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of September 8, 1998, and . February 16. 1999. to a later date. Conditional Use Permit - Peter Maloney. P.B.M. SDecialties. Inc.. for Michael W. Delaney and Ileana Indreland - allow the sale of beer and wine in coniunction with restaurant on Tract 8-1. COS No. 1788. Triangle Area Annexation (RuDDert's Tap House. 2711 West College Street) (Z-98220) This was the time and place set for review of the Conditional Use Permit requested by Peter Maloney, P.B.M., Specialties, Inc., for Michael W. Delaney and Ileana Indreland, under Application No. Z-98220, to allow the sale of beer and wine in conjunction with a restaurant on Tract B-1, Certificate of Survey No. 178B, Triangle Area Annexation. The subject property is more commonly located at 2711 West College Street. Assistant Planner Therese Berger presented the staff report. She reviewed the surrounding uses, noting that the subject property is zoned "B-2", Community Business, and is surrounded by "B-2" property that has been developed with various commercial uses. She stated that the beer and wine license for this location is a transfer of the Q'Briens license and, as a result, it is not subject to the restrictions imposed on cabaret licenses. The Assistant Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the . written staff report. She briefly highlighted those findings. noting that staff has forwarded a recommendation for approval, subject to ten conditions. She indicated that the City-County Planning Board conducted its public hearing on this application at its February 17 meeting and, following the public hearing and consideration of the testimony received, the criteria and the staff findings, the Board concurred in the staff recommendation. Mr. Peter Maloney and Mr. Ed Donaho, applicants, indicated that they are willing to accept the conditions as recommended and, in fact, have begun the work necessary to satisfy those conditions. They showed the Commission the light fixture they propose to use on the exterior of the building, which is a fully enclosed fixture with honey colored glass panels. 03-01-99 - 2 - No one was present to speak in opposition to the requested Conditional Use Permit. In response to questions from Commissioner Rudberg regarding the various types of liquor licenses available, Mr. Mike Garrity, attorney for the applicants, provided a brief overview. He noted that there are off-premise licenses and on-premise licenses, and the on- premise licenses are divided into all beverage, or liquor, licenses; beer and wine licenses; and restaurant beer and wine licenses, or "cabaret" licenses. He stressed that the restaurant beer and wine license was enacted on October 1, 1997, and is subject to significant restrictions. . He then reminded the Commission that the license in this instance is an on-premise beer and wine license, which allows for gambling and package sales. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Peter Maloney, P.8.M., Specialties, Inc., for Michael W. Delaney and Ileana Indreland, under Application No. Z-98220, to allow the sale of beer and wine in conjunction with a restaurant on Tract 8-1, Certificate of Survey No. 1788, Triangle Area Annexation, subject to the following conditions: 1. The applicant shall provide and record with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs for the following: A. Street improvements to West College Street, including paving, curb & gutter, sidewalk and storm drainage facilities (unless currently filed with the property). The document filed shall specify that in the event SIDs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square . footage of the property, linear footage of the property, taxable valuation of the property or a combination thereof. 2. The Development Review Committee strongly recommends that the applicant formalize in writing any and all shared parking agreements which are currently based on verbal agreements, and record those formalized agreements with the County Clerk and Recorder's Office. 3. The two garbage enclosures and recycle bin occupying parking spaces at the northwest corner of the property must be removed prior to final site plan approval. 4. All rooftop mechanical equipment, or other such exposed utilities, shall be screened from view by a wall, fence, hedge, landscape screen, or other acceptable means, per Section 18.50.070.E.1, Bozeman Municipal Code, and per Guideline 8.6., Design Objectives Plan. Details of any such equipment must be shown on the final site plan and shall be subject to Certificate of Appropriateness review and approval by the Administrative Design Review staff. 5. The final site plan shall be adequately dimensioned. . 6. The handicapped accessible parking space shall be designated as reserved for the disabled by a sign that complies with A.D.A. standards and the zone code, and shall be located as close as practical to the primary accessible entrance for the business. The handicapped accessible space must be a minimum of 13 feet wide and 18 feet long, measured from the curb, and marked with painted lines not less than four inches wide. A raised handicapped accessible sign shall be located at a distance no greater than 5 feet from the front of the accessible space per Section 18.50.120.F.3.c, Bozeman Municipal Code; shall be subject to review and approval by the Planning Office; and shall include the language "Permit 03-01-99 ---.,.---.... ---- ---------- ------- - 3 - Required, $100 Fine". The location of, and details of the proposed handicapped accessible signage must be included on the final site plan. 7. The final site plan shall show the location for, and a detail of, all proposed lighting, including wall-mounted and/or signage lighting, and information pertaining to any lighting to be removed. lighting must be arranged to deflect light down and away from adjoining properties and must not detract from driver visibility on adjacent roads per Sections 18.50.035.A.1 . and 18.50.120.B.9. 8. Landscaping must be installed per Section 18.50.100, Bozeman Municipal Code. 9. The location for, and a detail of, a trash enclosure shall be shown on the final site plan per Section 18.50.035.0. 10. The applicant must obtain a sign permit for any proposed signage, and the proposed signage must be in compliance with Section 18.65 of the Bozeman Municipal Code. 11. The applicant shall obtain a City of Bozeman Beer and Wine License, and provide the Planning Office with a copy of the license, prior to the sale of alcoholic beverages at the restaurant. 12. A copy of the State of Montana Department of Revenue Beer and Wine license to serve beer and wine at the restaurant at 2711 West College Street shall be submitted to the Planning Office prior to the sale of alcoholic beverages at the restaurant. . 13. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 14. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 15. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 16. All of the special conditions attached to this conditional use permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Conditional Use Permit - Tvler and Carla Hill - allow the sale of beer and wine in conjunction with restaurant on the east 22% feet of Lot 7, Block 3. Tracv's First Addition (John Bozeman's Bistro, 125 West Main Street) (Z-98221 ) This was the time and place set for review of the Conditional Use Permit requested by Tyler and Carla Hill under Application No. Z-98221, to allow the sale of beer and wine in conjunction with a restaurant on the east 22 % feet of Lot 7, Block 3, Tracy's First Addition. The subject property is more commonly located at 125 West Main Street. 03-01-99 _.._ _n_ ..-------.-- ... - .- - 4 - Assistant Planner Therese Berger presented the staff report. She stated that the subject property is the location of the former Wongs, and the building is currently undergoing significant renovations. She noted that the subject site is 400 feet from the Holy Rosary Church, on the same address street. She indicated that this application is for a cabaret license, which has a significant number of restrictions. The Assistant Planner stated that staff has reviewed this application in light of the criteria set forth in the zone code, and the staff's comprehensive findings are contained in the . written staff report. She noted that the City-County Planning Board conducted its public hearing on this application at its meeting of February 17 and, following the hearing and consideration of the criteria, the staff findings and public comment, the Board concurred in the staff recommendation for approval. The Assistant Planner highlighted the testimony received during the Planning Board meeting and the issues raised. She noted that one of those issues is the statutory provision which prohibits the issuance of a license within 600 feet of a church or school on the same address street, and the need to supplant that section of the code if the Commission wishes to approve this application. Mr. Tyler Hill, applicant, gave a brief history of John Bozeman's Bistro, noting that in 1983, he and Pius Ruby bought Lucky's Deli, which they promptly closed and reopened as a restaurant. He stated that in 1986, they obtained a beer and wine license at auction, which allowed them to provide fine wines and beer with their eclectic, creative foods. He noted that in the thirteen years that they have operated with a beer and wine license, they have had no problems. Mr. Hill stated that, with the relocation of the restaurant from 242 East Main Street to 125 West Main Street, they will be able to increase the number of employees. He noted that the 15-year lease at their current location is expiring, and he determined that it was better to purchase the old Wongs building than to renew the lease. He stated, however, that he feels . it would be inappropriate to move the existing beer and wine license, which has no restrictions, because of the proximity to a church; rather, it is more appropriate to seek a cabaret license, which has the restrictions. Mr. Hill forwarded his strong preference for keeping his business downtown, rather than moving to the edge of the community. He noted that there is strength in the downtown, and he has been welcomed with open arms by most of the business community, as evidenced by the signatures on the petitions of support. Mr. Hill turned his attention to some of the issues raised during the Planning Board meeting. He stated that, from his perspective, there is no parking problem in downtown Bozeman, although he recognizes that people may have to walk a block on occasion. He stated that the building he has just purchased bought 42.7 parking spaces through the downtown parking special improvement district in the 1970s, which is 12 more spaces than required for his business. He noted that he had considered the old McCrackens building, but was faced with $100,000 in cash-in-lieu of parking spaces for that site, and it was definitely a deciding factor in his decision. Mr. Tyler Hill noted that concern was also raised at the Planning Board hearing that this could lead to a "Lucky Lil's" type of atmosphere. He stressed that with the restrictions on the cabaret license and his desire to maintain fine dining in a casual atmosphere, that type of . situation will not arise. He recognized that when the 600-foot rule was enacted in 1937, this type of restaurant was not in operation; rather it was the bars, with their attendant brawls and problems, that served alcoholic beverages, and there was definitely a need to buffer the churches and schools from those establishments. Mr. Hill noted that there are many restaurants in the downtown area. He stated that, rather than detracting from each other, however, they draw people to the downtown area and complement each other. He concluded by encouraging Commission approval of this application. 03-01-99 - 5 - Mr. Mike Garrity, attorney representing the applicants, stated that they recognize the subject property is within 600 feet of a church on the same address street. He stated that, rather than trying to skirt the issue by using a different address, they have chosen to face the issue head on and ask the Commission to supplant the 600-foot rule as contained in Section 16-3-306, Montana Code Annotated, and the Administrative Rules of Montana. He then noted that the 1997 Legislature created the restaurant beer and wine license, with significant restrictions. He stated that local licensing requirements and zoning regulations also apply. He briefly highlighted the restrictions which are attached to a restaurant beer and wine license, . noting that in Bozeman the quota;s nine. He indicated that if the applicant is unable to meet the conditions of approval as recommended by the Planning Board, then the sale of beer and wine at this location will not be allowed. Mr. Garrity stated that the pastor of the Holy Rosary Church has indicated he does not oppose this application because of the restrictions on the license. He then entered into the record a petition, containing 424 signatures, in support of supplanting the 600 foot rule. He concluded by noting that, until that provision is supplanted, the applicant will not be able to serve alcoholic beverages. Mrs. Mary Jane DiSanti, owner of the Country Bookshelf, 28 East Main Street, stated her support for this application, particularly since it means the Bistro will stay downtown. Mr. Jim Brown, Old Main Gallery and Framing, stated his business was located next door to the Bistro for ten years, during which time they shared clientele. He encouraged Commission approval of this application. Mr. John Foster, owner of the former Always Antiques, stated his business shared a common door with the Bistro, and their overflow crowd would browse through his store while waiting to eat. He characterized the Bistro as one of the better run businesses in the community, noting that it has become an anchor on Main Street. He concluded by encouraging Commission approval. . Ms. Daryl Purdy, native of Bozeman, characterized the Bistro as an "exceptional experience with fine dining in a casual atmosphere". She stressed the importance of the downtown supporting its businesses, noting that the downtown is what keeps the community alive. She concluded by encouraging approval of the application. Ms. Kendall Johnson stated her support for this application, stating she is glad to see a vacant building in the downtown being re-used. Mr. Bob Fletcher, The Cannery and Burger Bob's, recognized that the applicants run a fine restaurant, and suggested that the restaurant will continue to operate with or without a beer and wine license. He noted that, as a member of the Tavern Owners' Association, he has seen changes in the regulations for beer licenses, and he is concerned that changes will be made to restaurant beer and wine licenses in the future that will result in their being significantly different from what they are today. Mr. Fletcher noted that he previously owned St. George and the Dragon and Mother's Saloon, which were located at the southwest corner of West Main Street and Willson Avenue. He stated that, because that site was within 600 feet of the Holy Rosary Church, he was required to close the business under the State law that was adopted in 1947. He then asked that the Commission carefully consider the State law when making its decision, stressing the . importance of ensuring that the law is either uniformly applied or eliminated for everyone. Mrs. Peg Potter, 614 Lexington Drive, stated she has lived in Bozeman for 23 years and recognizes the big risk that the Hills took in purchasing the subject building, since it is within 600 feet of a church. She also recognized the importance of meeting the situation head on rather than trying to circumvent the statutes. She stated there are many locations in Bozeman where the sale of beer and wine is occurring within 600 feet of a church or a school, and she feels it would be unfair to preclude this restaurant from doing so. 03-01-99 ___________u__ ..__. - 6 - Mr. Steve Kauffman, Charlie's Deli, stated he purchased his restaurant seven years ago, fully recognizing that he would be unable to sell beer and wine because of his location. He forwarded his objection to approval of this application, noting that to do so will create an unfair competitive advantage. He concluded by asking the Commission to consider the undesirable precedent that approval of this application might set. Mr. Mike Delaney, 101 East Main Street, stated his support for this application, noting it is important to ensure the vitality of the downtown, and stating that is best accomplished . with small, locally owned businesses. He then indicated that he owns some prime commercial in downtown Billings, and he has seen that downtown go from being vibrant to being almost a ghost town and now being rejuvenated through efforts by the City to make it easy for businesses to locate downtown. He concluded by encouraging the Commission to make it possible to retain and strengthen the heart that exists in downtown Bozeman. Mr. David Weaver, attorney representing Charlie's, stated that everyone agrees the Bistro and Charlie's are assets to the community, but the issue under consideration is whether the Bistro may obtain a license to sell beer and wine. He noted that the Bistro cannot obtain that license under the current statutory requirements and suggested that to approve this application before changing those requirements is "putting the cart before the horse". He indicated that to approve this application prior to consider the possible supplanting of the 600- foot requirement in the State law is to communicate the outcome of the debate before it is undertaken. He concluded by reiterating his client's position that he supports competition, as long as it is not unfair competition. Mr. Steve Schuel, MacKenzie River Pizza, stated his organization has three restaurant beer and wine licenses and four on-premise beer and wine licenses in the state, and he has encountered no problems with any of them. He then indicated that in Billings he went through a special review because the establishment was within 600 feet of a church, and it has been well accepted. He concluded by encouraging Commission approval of this application. . Ms. Terry Quatraro, owner of Little People's Academy, noted her business is located in the Presbyterian Church. She forwarded her concern about adding to the number of businesses that already serve ~Icohol in the downtown area, particularly since her school is only one block off Main Street. She encouraged the Commission to retain the 600-foot requirement for sale of alcoholic beverages and stressed the importance of retaining diversity in the downtown area. Mr. John Hooten, 1103 North Pinecrest Drive, recognized that this review process is tedious, but suggested that the process will lead to the right decision. He then reminded the Commissioners that they will be considering similar applications in the future, and their decision on this application could set a precedent. Break - 4:32 to 4:35 D.m. Mayor stiff declared a break from 4:32 p.m. to 4:35 p.m., in accordance with Commission policy. Conditional Use Permit (continued) - Tvler and Carla Hill - allow the sale of beer and wine in coniunction with restaurant on the east 22% feet of Lot 7. Block 3. Tracy's First Addition (John Bozeman's Bistro. 125 West Main Street) (Z-98221 ) . In response to Mayor Stiff, City Attorney Luwe noted that the Commission may either proceed with action on the conditional u~e permit, with a condition requiring that the applicant meet statutory requirements or delay action on this application until after an ordinance supplanting the statutory requirements, has been enacted. He then forwarded proposed revisions to Condition No.6 which include adding "restaurant beer and wine" before "license" and, at the end, adding a sentence to require that any expansion, modification or enlargement olthe license or use of the license as of the date of issuance would require another CUP. He noted that under this condition, as revi"sed, any change in the law regarding restaurant beer and wine licenses or any change in the business would trigger another conditional use permit 03-01-99 - 7 - review. He then indicated that he plans to have an ordinance supplanting the State law before the Commission at its April 5 meeting. Responding to Commissioner Youngman, the City Attorney stated that Condition No. 6, revised per his recommendation, will require that the applicant meet State statutes unless the 600-foot rule is supplanted. He stressed that such an approval does not reflect any decision on the part of the Commission at this time to supplant the existing regulations. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Conditional Use Permit requested by Tyler and Carla Hill under Application No. Z-98221, to allow the sale of beer and wine in conjunction with a restaurant on the east 22 % feet of Lot 7, Block 3, Tracy's First Addition, subject to the following conditions: 1. The final site plan shall show the location for, and a detail of, all proposed lighting, including wall-mounted and/or signage lighting. Lighting must be arranged to deflect light down and away from adjoining properties and must not detract from driver visibility on adjacent roads per Sections 18.50.035.A.1 and 18.50.120.B.9. 2. The location for, and a detail of, a bike rack shall be shown on the final site plan per Section 18.50.035.R. 3. The location for, and a detail of, a trash enclosure shall be shown on the final site plan per Section 18.50.035.0. If said enclosure is off-site, the applicant must obtain a garbage enclosure easement for a location off the property and file it with the County Clerk and Recorder's office. 4. The applicant must obtain a Certificate of Appropriateness and a sign . permit for any proposed signage in addition to the projecting sign which was granted Certificate of Appropriateness approval in Application No. Z-98219. Any proposed signage must be in compliance with Section 18.65 of the Bozeman Municipal Code. 5. The applicant shall obtain a City of Bozeman Restaurant Beer and Wine License, and provide the Planning Office with a copy of the license, prior to the sale of alcoholic beverages at the restaurant. 6. A copy of the State of Montana Department of Revenue Restaurant Beer and Wine License to serve beer and wine at the restaurant at 125 West Main Street shall be submitted to the Planning Office prior to the sale of said alcoholic beverages at the restaurant. Any expansion, modification or enlargement of the Restaurant Beer and Wine License or to the use of the license as of the date of issuance of the license would require another conditional use permit. 7. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 8. All of the special conditions shall constitute restrictions running with the . land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 9. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 03-01-99 .-...----..-.-------- -. .--.---.----...-.---.-...----.-. .-. .--. . - 8 - 10. All of the special conditions attached to this conditional use permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Conditional Use Permit - to allow for re-establishment of Dreviouslv existing basement kitchen and creation of an accessorv dwelling unit on lot 1A-1. Block 6. ThomDson's Fourth Addition - Robert and Brenda lonacake for 1806,South Willson Avenue (Z-98222) This was the time and place set for review of the Conditional Use Permit requested by Robert and Brenda longcake under Application No. Z-98222, to allow the re-establishment of a previously existing basement kitchen and creation of an accessory dwelling unit on lot 1 A-1 , Block 6, Thompson's Fourth Addition. The subject property is more commonly located at 1806 South Willson Avenue. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the basement of an existing home in a single-family residential zone is to be converted into an accessory dwelling unit. He noted that no structural changes are proposed in conjunction with this application, although there would be some minor interior changes. He stated that this application would allow up to six unrelated people to reside at this home, rather than the current limit of four unrelated persons. He also stressed that the accessory dwelling unit would go with the property, thus transferring to any new homeowner. The Historic Preservation Planner noted that five unrelated people currently reside in this house, and he recognizes the applicants' efforts to comply with the zoning regulations by submitting this application. He stated, however, that in reviewing this application, staff found . several clear problems in meeting the accessory dwelling unit requirements. He briefly summarized those issues which include (1) the accessory dwelling unit is not occupied by an owner of record, (2) there is no legal paved off-street parking space for the accessory dwelling unit, and (3) the accessory dwelling unit is not clearly incidental to the principal unit nor is there are clear distinction between the units. He then forwarded staff's determination that it cannot support the application. He indicated that at the February 17 meeting of the City-County Planning Board, the pUblic hearingon this Conditional Use Permit was conducted and, following that hearing, the Board concurred in staff's recommendation for denial. Mr. Rex Dahl, 1724 South Willson Avenue, stated he lives in the residence immediately to the north of the subject property. He stated that he purchased the vacant lot and had his home constructed in what he believed was a single-family area, where the integrity of the home would be protected. He noted that, when he moved into his home, he realized there were multiple infractions of the ordinances that negatively impacted the neighborhood. He then indicated that the neighborhood is not the same as when he moved in six years ago, citing the reconfigured intersection immediately to the south as one of the main reasons. He also noted that, since the parking spaces in front of his house are among the first available on the street, it seems to be a convenient place for cars to die and for people to park to avoid the residential parking restrictions closer to campus. He stated that having several people living in the houses, each of them with a car, further compounds the problems and detracts from the single-family neighborhood. He concluded by encouraging the Commission to protect this residential area. . Mr. louis Barrett, 1721 South Willson Avenue, stated he has resided in this area for over thirty years. He noted that, until recently, the area has fit the traditional definition of a single- family residential area. He indicated that the new configuration of the intersection immediately to the south has changed traffic patterns significantly, making it difficult to access the street from the private driveways. He also noted that vehicles park along the street, often next to mailboxes and driveways, which makes visibility very poor. He concluded by encouraging the Commission to protect the meaning of the "R-2" zoning designation and help the area retain its single-family residential character. 03-01-99 ---.--.. ---.------- __.._n_______ __ - u__ __._ ____. _..__. __._._ - 9 - Responding to Commissioner Youngman, Historic Preservation Planner Strahn stated a conversation with the City-County Planning Director during this past week revealed that enforcement issues usually take a couple of months to fully address. He recognized that approval of the conditional use permit, with a specific termination date, is an option; however, he cautioned that the limited duration might be impractical in light of the paperwork that would accompany the restriction. Commissioner Smiley indicated she cannot support approval of this conditional use . permit. She expressed her concern that realtors are giving the wrong impression about what can be done on properties within the various zoning districts. City Attorney Luwe recommended that the Commission not consider denial of the conditional use permit with a delayed effective date. He stated that if the use of the residence is in violation, it should be subject to the standard code enforcement procedures. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission deny the Conditional Use Permit requested by Robert and Brenda Longcake under Application No. Z-98222, to allow the re-establishment of a previously existing basement kitchen and creation of an accessory dwelling unit on Lot 1 A-1, Block 6, Thompson's Fourth Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Commission Resolution No. 3278 - intent to deannex 13.4247-acre tract described as Tract 1A and the west 35 feet of Tract 2. COS No. 1877. located in the SWY-.. Section 32. T1S. RGE. and the NWY-.. Section 5. T2S. RGE. MPM (The Mill); set Dublic hearing for Ami I 5. 1999 Previously distributed to the Commission was a copy of Commission Resolution No. . 3278, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3278 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A CERTAIN TRACT OF LAND IN SAID CITY OF BOZEMAN, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALTER THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO EXCLUDE SAID TRACT FROM THE CORPORATE LIMITS THEREOF. Assistant Planning Director Debbie Arkell presented the staff report. She reminded the Commission that the subject property was annexed on May 1, 1995 under the adoption of Commission Resolution No. 3057. She noted that between the time the petition for annexation was submitted and the property was annexed, a realignment of the common boundary between The Mill and the Cusack property was completed and, since the map attached to the resolution did not reflect the realignment, a 35-foot by 150-foot strip of the Cusack property was also annexed. She reminded the Commission that Mr. Ed McCrone, The Mill, Ltd., has now filed a petition for deannexation of this entire 13.4247-acre parcel, although The Mill property contains 13.2981 acres. The Assistant Planning Director stated that staff has considered this application for . deannexation in light of the statutory criteria, and the staff's comprehensive findings are contained in the written staff report which has been distributed in the Commissioners' packets. She briefly summarized those findings, stating that staff was unable to find that it is in the best interests of the City to approve this request. She noted, however, that staff could support the deannexation of the strip of Cusack property that was inadvertently included in the annexation. City Attorney Luwe stated that if the Commission wishes to consider deannexation of the strip of Cusack property, the Cusacks must petition for the deannexation. 03-01-99 .: 10 - Responding to Commissioner, Rudberg, the City Attorney stated that, by adopting Commission Resolution No. 3278, the Commission is finding that it is in the best interests of the City and the inhabitants thereof to deannex the supject property and that the symmetry of the city will not be marred. He recognized that after the public hearing, the Commissioners could find that the public testimony has caused them to make a different decision; however, he encouraged that they provide the reasons for the changed vote. Mr. Ed McCrone-, owner of The Mill, stated that deannexation will allow for better . opportunities to create high quality settings and facilities for employment. He stated that The Mill is a unique setting with existing buildings, and redevelopment of those buildings can better take place outside the city than within city limits in light of the City's requirements. He indicated that, to date, he has been disappointed with the results of his efforts to redevelop the property inside city limits. Commissioner Rudberg stated she feels this request should be forwarded to a public hearing, so the Commission can gather as much public comment as possible prior to making a decision. Commissioner Youngman stated that, while she typically would agree to forward this type of request to a public hearing, she cannot support adoption of the resolution because of the findings 'included in the resolution. She also noted that the city limits have grown beyond this property, and deannexation of this parcel would create a hole along one side of the city. She also indicated that the tax base is an important issue, and deannexation will decrease that base. Commissioner Smiley indicated her interest in forwarding this request to a public hearing, noting the city is not symmetrical. She also noted that the City needs to be supportive of business and, in some instances, that means letting it operate outside the city limits. Commissioner Frost noted that when the City annexed the property, it found that it was . in the best interests of the community to annex the subject property; and he does not feel anything has changed since that determination was made. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission adopt Commission Resolution No. 3278, stating the City's intent to deannex a 13.4247-acre tract described as Tract 1 A and the west 35 feet of Tract 2, Certificate of Survey No. 1877, located in the Southwest one-quarter of Section 32, Township 1 South, Range 6 East, and the Northwest one-quarter of Section 5, Township 2 South, Range 6 East, Montana Principal Meridian, and setting the public hearing for April 5, 1999. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley and Commissioner Rudberg; those voting No being Commissioner Frost, Commissioner Youngman and Mayor Stiff. Ordinance No. 1488 - amendina Section 6.04.170 of the Bozeman Municipal Code. providing for revisions to the duties. authoritv and power of the Animal Control Officer Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1488, as approved by the City Attorney, entitled: ORDINANCE NO. 1488 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1463, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED, BE AMENDED' BY REVISING SECTION 6.04.170; PROVIDING FOR REVISIONS TO THE DUTI~S, AUTHORITY AND POWER OF THE ANIMAL CONTROL OFFICER. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1488, amending Section 6.04.170 of the Bozeman Municipal Code to revise the 03-01-99 . 11 . duties, authority and powers of the Animal Control Officer be 'finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Consent Items . City Manager Johnson presented to the Commission the following Consent Items. Application for Beer and Wine license - P.B.M. Specialties. Inc.. for Ruppert's Tap House. 2711 West College Street - for Calendar Year 1999; contingent upon receiPt of State license Exemptions from subdivision review for realianment of common boundaries between lot 3. Block 4. Kirk Subdivision. and adiacent unplatted parcel. and for gifting of portion of one of the lots to his wife - Roy V. Wieaand (GOO block of South 19th Avenue) Exemption from subdivision review for right-of-way acauisition across Blocks 2 and 3.lmes Addition. for extension of Oak Street - Gallatin County (across Fairgrounds) Authorize City Manaaer to sign - Acceptance of Declaration of Protective Covenants and Restrictions - Kathleen Revnolds for 901 South Willson Avenue Ratify City Manaaer's sianature on Exhibit A of library Services Contract with Gallatin County for Fiscal Year 1999 . Buildina Inspection Division report for January 1999 Claims It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Recess - 5:32 p.m. Mayor Stiff declared a recess at 5:32 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and complete the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and complete the routine business items. . Public hearing - variance from Criteria 30. Table 1. Section 18.54.100.E.. Bozeman Municipal Code. to allow proposed PUD to provide 25.7 percent open space rather than the reauired 30 percent on portion of the SEY4. Section 9. T2S. RGE. MPM - Gardiner Green. Jr.. Montana Ranch Properties. Inc.,. Triple Tree. llC - for Baxter Creek Business Park. located in Valley West Annexation (C-9901) This was the time and place set for the public hearing on a variance from Criteria 30, Table 1, Section 18.54.100.E. of the Bozeman Municipal Code, as requested by Gardiner 03-01-99 - 12 ~ Green, Jr., Montana Ranch Properties, Inc., Triple Tree, LLC under Application No. C-9901, to allow 25.7 percent open space rather than the required 30 percent in the Baxter Creek Business Park, which is on a portion of the Southeast one-quarter of Section 9, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located in the Valley West Annexation, along the north side of US Highway 191 immediately west of the Billion Auto Plaza. Mayor Stiff opened the public hearing. . Assistant Planning Director Debbie Arkell presented the staff report. She stated that this subject 17.5-acre parcel is located along the western edge of the Valley West Annexation. She noted the applicant is proposing a commercial planned unit development on property zoned "BP", so that non-typical uses can be considered. She noted that the proposed planned unit development will create eight tracts and provide 25.7 percent open space rather than the required 30 percent. She stated that, for this development, that means 4.02 acres of open space will be provided rather than the 4.7 acrt;!s required. In addition to the open space on this site, the applicant proposes a 1.35-acre parkland dedication along the western edge of Bronken Park, which will help to protect Baxter Creek as well as increase the usable park space along the southwestern edge of the park. The Assistant Planning Director stated that staff has reviewed the requested variance in light of the three criteria established by the Montana Supreme Court, and the staff's comprehensive findings are contained in the written staff report. She briefly highlighted those staff findings, noting that one objective of a planned unit development is to ensure adequate open space. She stated that, while there are no residents in a commercial PUD, there are customers and employees, and a portion of the open space will provide recreation areas for them. She indicated that the additional dedication to Bronken Park will provide public parkland rather than commonly held open space within the development, and staff feels that is appropriate for a commercial development. . The Assistant Planning Director noted that the Baxter Creek corridor crosses the subject property at a diagonal, creating design constraints. She recognized that, while the open space within this commercial development does not meet the zone code requirements, the proffered additional parkland dedication is located within the parent Valley West Annexation and would enhance the public park. Assistant Planning Director Arkell stated that, after reviewing this application, staff has recommended approval subject to four conditions. Mr. Jack Schunke, Morrison-Maierle, stated that Mr. Green, the applicant, has reviewed the staff report and agrees with the recommended conditions. He then indicated a willingness to respond to questions. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the variance from Criteria 30, Table 1, Section 18.54.100.E. of the Bozeman Municipal Code, as requested by Gardiner Green, Jr., Montana Ranch Properties, Inc., Triple Tree, LLC under Application No. C-9901, to allow 25.7 percent open space rather than the required 30 percent in the Baxter Creek Business Park, which is on a portion of the Southeast one-quarter of Section 9, Township 2 South, Range 6 East, Montana Principal . Meridian, subject to the following conditions: 1. The realignment of common boundaries necessary to add the proffered 1.35 acres of open space to Bronken Park shall be completed prior to submittal of an application for the final plan of the planned unit development. 2. At least one area within the Baxter Creek open space shall be developed to provide for outdoor recreational areas conducive to a business parkl 03-01-99 ~ 13 ~ commercial development. The location of and amenities proposed shall be detailed on the preliminary PUD submittal. 3. Per Section 18.56.090. a land use permit (preliminary PUD) shall be obtained for the subject property within six (6) months from the date of the Commission's decision, or the variance shall be automatically canceled and become null and void. . 4. The granting of this variance in no manner guarantees approval of a planned unit development application for this property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Certificate of ADDroDriateness with deviations from Sections 18.50.160. 18.50.050 and 18.16.050 of the Bozeman MuniciDal Code to allow construction of additions to existing non-conforming structure. new carage to be closer than ten feet from the rear DrODertv line and Dercola to encroach into rear yard setback on Dortion of Lot 18 and all of Lots 19 and 20. Block 5. Fairview Addition ~ Thomas E. Bitnar. 502 South Grand Avenue (Z-9904) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.50.160. 18.50.050 and 18.16.050 of the Bozeman Municipal Code, as requested by Thomas E. Bitnar under Application No. Z~9904, to allow the construction of additions to an existing non~conforming structure. a new garage to be closer than ten feet from the rear property line and a pergola to encroach into the rear yard setback on a portion of Lot 18and all of Lots 19 and 20. Block 5. Fairview Addition. The subject property is more commonly known as 502 South Grand Avenue. . Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that this application involves several alterations to the Kopp residence, including the demolition of a non- historic garage, the construction of a new rear addition, remodeling of the existing back porch. the construction of a transparent glass shell for cars and a new concrete pad for four parking spaces, the construction of a new wood deck and pergola. and the erection of a fence for a private garden. He indicated that this is a continuation of an on~going project which has substantially enhanced the character of this property, which is located at the southeast corner of the intersection of South Grand Avenue and West Story Street and is an architecturally significant structure in the Bon Ton Historic District. The Historic Preservation Planner noted that at last week's agenda meeting. one of the Commissioners raised questions about the glass shell for cars. He showed the Commission a series of photographs of the house and models of the proposed glass shell. He indicated that the proposed "garage" is to be a metal framework with glass on the top portion of the structure. Commissioner Rudberg voiced her difficulty in accepting a glass garage in conjunction with an historic structure. She also noted that Montana, and particularly Bozeman, has hail and a heavy snow load. . Historic Preservation Planner Strahn recognized that the glass garage is an innovative proposal. He stated, however, that it would help to emphasize the main residence and de- emphasize the accessory structure. Mr. Thomas Bitnar, applicant, indicated his concurrence with the staff report. He then stated it has taken almost two years to design the back yard and proposed additions to his house. He noted that transparency was one of the key components for the garage. to ensure the visibility of the eastern exposure of the home. He noted that the house was built in 1904. and the owner used only the front entrance, with the east entrance being used as the service 03-01 ~99 -.-.. .. - 14 - entrance. He then indicated that the glass industry has made great strides in recent years and, based on its uses in London, Paris and Austria, he believes a viable garage can be constructed here. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.50.160, 18.50.050 and 18.16.050 of the Bozeman Municipal Code, as requested by Thomas E. Bitnar under Application No. Z:'9904, to allow the construction of additions to an existing non-conforming structure, a new garage to be closer than ten feet from the rear property line and a pergola to encroach into the rear yard setback on a portion of Lot 18 and all of Lots 19 and 20, Block 5, Fairview Addition, subject to the following conditions: 1. As per Section 18.50.070 of the Bozeman Municipal Code, any fence or wall constructed so as to have only one elevation Nfinished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the street or the adjacent property~ 2. The new fencing shall be painted or stained so as to have a finished appearance and visually relate to the structures on site. 3. When completed, a design of the proposed fencing including dimensions and locations shall be provided for the review and approval of the City- County Planning Department. . 4. The applicant shall obtai~ a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearina - Certificate of Appropriateness with deviations from Sections 18.16.050 and 18.50.160 of the Bozeman MuniciDal Code to allow front Dorch addition which encroaches 7 feet into reauired 25-foot front yard setback on existina non-conformina structure which encroaches into side yard on lot that does not meet minimum lot width reauirements on lot 7 and Dortions of lots 6 and 8. Block 7. Fairview Addition - Kathv and Matson Rocers. 615 South Tracy Avenue (Z-9909) . This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.16.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Kathy and Matson Rogers under Application No. Z-9909, to allow a front porch addition which encroaches 7 feet into the required 25-foot front yard setback on an existing non-conforming structure which encroaches into the side yard on a lot that does not meet minimum lot width requirements. The subject property is described as all of Lot 7 and portions of Lots 6 and 8, Block 7, Fairview Addition, and is more commonly known as 615 South Tracy Avenue. Mayor Stiff opened the public hearing. 03-01-99 ..-------- --..-- - 15 - Historic Preservation Planner Derek Strahn presented the staff report. He stated that this application is for the construction of a new front porch, construction of a rear kitchen/patio addition, installation of a new cedar fence, and replacement of the shingles, windows and doors. He stated that staff has reviewed this application in light of the criteria for consideration of deviations, and the staff's comprehensive findings are contained in the written staff report. He then indicated that staff is supportive of this application but has suggested that the proposed skylights be reconsidered, since they are not consistent with historic restoration. . Ms. Linda Bell, architect representing applicant, stated that she feels the skylights on the southwest corner of the home will not be visible from the street because of the pitch of the roof and, therefore, will not detract from its appearance. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.16.050 and 18.50.160 of the Bozeman Municipal Code, as requested by Kathy and Matson Rogers under Application No. Z-9909, to allow a front porch addition which encroaches 7 feet into the required 25-foot front yard setback on an existing non-conforming structure which encroaches into the side yard on a lot that does not meet minimum lot width requirements, described as all of Lot 7 and portions of Lots 6 and 8, Block 7, Fairview Addition, subject to the following conditions: 1. In an attempt to better maintain the historic character of the property in question and, likewise, minimize non-historic visual intrusions to the South Tracy/South Black Historic District, serious consideration shall be given to the elimination of the proposed skylights (vents?) on the proposed south . elevation shed dormer. 2. As per Section 18.50.070 of the Bozeman Municipal Code: A. No fences, walls, or hedges shall exceed four feet in any corner side or front yard; and, B. Any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the street or the adjacent property. 3. The new fencing shall be painted or stained so as to have a finished appearance and visually relate to the structures on site. 4. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval . unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. 03-01 ~99 - 16 - Public hearing - Certificate of Aoorooriateness with deviations from Sections 18.18.030. 18.50.120 and18.50.160 of the Bozeman Municioal Code to allow basement aoartment in non-conforming structure. resulting in duclex on lot less than 60 feet wide. and allow one Darkina SDace in reauired side yard on Lots 17 and 18. Block 25. West Park Addition - Beniamin Zavora. 414 South 9th Avenue (Z-9910) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.18.030, 18.50.120 and 18.50.160 of the . Bozeman Municipal Code, as requested by Benjamin Zavora under Application No. Z-9910, to allow a basement apartment in a non-conforming structure, resulting in a duplex on a lot less than 60 feet wide, and to allow one parking space in the required side yard on Lots 17 and 18, Block 25, West Park Addition. The subject property is more commonly known as 414 South 9th Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that this is an application to allow a basement apartment in a non-conforming structure, in an "R-3a" zone, which allows duplexes. He indicated that no major exterior changes are proposed in conjunction with this conversion. He stated that staff has reviewed this application in light of the criteria for consideration of deviations, and the staff's comprehensive findings are contained in the written staff report. He then forwarded staff's recommendation for approval. The Historic Preservation Planner stated that staff has received two letters from Mr. Ken Fuller, a neighbor, expressing his opposition to this application. He then indicated that the driveway for this property is a shared driveway, and the applicant has provided a signed copy of an easement, dated February 8, granting hiin the right to use the driveway to access the parking area and rear yard. . Mr. Ben Zavora, applicant, indicated his concurrence with the staff report. Mrs. Dorothy Jackson, 504 South 9th Avenue, stated she has lived in her home for over forty years. She noted that when she first moved into the home, there was no problem with parking in the area. She stated, however, that with the addition of living units and people in the area and with the residential parking district, parking on the street is no longer possible, and cars are even being parked in the yards. She expressed her frustration with the existing situation, stating she is tired of being crowded out of parking options. Ms. Melissa Vadheim, 1702 Durston Road, stated that parking on campus is a problem and suggested the lower parking prices could help to encourage people to park on campus rather than in the neighborhood. Commissioner Rudberg stated that when she viewed the property, she noticed a lot of cars parked in front of it. She also noticed that the sidewalks had not been shoveled, and the driveway and the garage at the back of the property had not been used. She then asked the applicant to be more attentive to cleaning the sidewalk in the future. Mr. Zavora stated that his brother lives with him. He then recognized that parking is a problem in the area, particularly in light of the number of apartments. He assured the Commission that he will ask the tenants to park in the four spaces at the back of the lot rather than on the street. . Commissioner Rudberg asked Mr. Zavora to be sure that the fence he has recently constructed is located on his property line. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.18.030, 18.50.120 and 18.50.160 of the Bozeman Municipal Code, as requested by Benjamin Zavora. under Application No. Z-9910, to allow a basement apartment in a non- 03-01-99 .--..-------- _ _____. .._. _no - 17 - conforming structure, resulting in a duplex on a lot less than 60 feet wide, and to allow one parking space in the required side yard on Lots 17 and 18, Block 25, West Park Addition, subject to the following conditions: 1. Given that the driveway serving required parking for the property in question crosses the adjacent property to the north, the applicant shall provide written confirmation that the proposed parking configuration and the proposed driveway access is understood by and acceptable to the . adjacent and affected property owner. A. Said written confirmation shall be provided to the City- County Planning Department prior to the issuance of a building permit. B. If written confirmation cannot be obtained, a revised site plan demonstrating how required parking will legally be met shall be provided to the City-County Planning Department prior to the issuance of a building permit. Said new parking modifications shall conform with the requirements outlined in Section 18.50.120 of the Bozeman Municipal Code. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Public hearina - Certificate of ADDroDriateness with deviation from Section 18.50.070 of the Bozeman MuniciDal Code to allow 8-foot-high wooden fence in Dortions of front and corner side yard setbacks and vision trianals on Lots 1 0-12. Block 11. CaDitol Hill Addition - Michael Delanev and Ileana Indreland for 921 South 3rd Avenue (Z-9911) This was the time and place set for the public hearing on the Certificate of Appropriateness,with deviation from Section 18.50.070 of the Bozeman Municipal Code, as requested by Michael Delaney and Ileana Indr'eland under Application No. Z-9911, to allow an 8-foot-high fence in portions of the front and corner side yard setbacks and vision triangle on Lots 10 through 12, Block, 11, Capitol Hill Addition. The subject property is more commonly known as 921 South Third Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He noted that the . applicant had originally proposed an 8-foot-high wooden fence in portions of the front and corner side yard setbacks and had requested a deviation to allow that fence to encroach four feet into the required vision triangle at the intersection of South Fourth Avenue and West Cleveland Street. In light of concerns voiced by the Street Superintendent and by the Commission at last week's agenda meeting, the applicant has modified the request to eliminate the encroachment into the vision triangle. Further, in response to the staff report, the applicant has agreed to reduce the overall height of the fence by six inches, to 7 feet 6 inches, in an effort to minimize its wall-like nature. He indicated that the configuration of the fence has also been slightly changed, to incorporate more of the lot by the garage into the back yard. He 03-01-99 - 18 - stated the fence is to be located one foot closer to West Cleveland Street than originally proposed, but it will still be inside the mature hedge. The Historic Preservation Planner stated that staff has reviewed this application in light of the criteria for conside'ration of deviations, and the comprehensive findings are contained in the written staff report. He indicated that staff is supportive of the modifications and recommends approval of the application. . Mr. Mike Delaney, applicant, stated his concurrence with the staff report. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.50.070 of the Bozeman Municipal Code, requested by Michael Delaney and Ileana Indreland under Application No. Z-9911, to allow an 8-foot-high fence in portions of the front and corner side yard setbacks on Lots 10 through 12, Biock, 11, Capitol Hill Addition, subject to the following conditions: 1. To better relate the proposed fencing to the existing historic character of this Bon Ton Historic District neighborhood and likewise help to minimize the wall-like appearance of the proposal, the applicant/owners shall give serious consideration to the possibility of reducing the overall height of the proposed fencing by six inches or more. 2. ' All existing hedges within the vision triangle shall be pruned to a maximum height of 30 inches above the street centerline grade as outlined in Section . 18.50.080 of the Bozeman Municipal Code. 3. As per Section 18.50.070 of the Bozeman Municipal Code, any fence or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the 'street or the adjacent property. 4. The new fencing shall be painted or stained so as to have a finished appearance and visually relate to the structures on site. 5. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidat8' the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Staff reauest for revocation of Kennel License issued to Ellvn Murphv. 506 North Bozeman Avenue Included in the Commissioners' packets was a letter dated February 24 from Helene Orenstein, attorney representing the applicant, requesting that consideration of this item be delayed to April 19 due to her schedule. 03-01-99 - 19 - It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission continue consideration of this item to March 15, in response to the applicant's request. The 'motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Discussion - Commissioner Droiects . (1) Responding to Commissioner Youngman, City Manager Johnson noted that he has received a letter from Mr. Mike Potter extending the deadline for acquisition of lots for open space in Sundance Springs to the end of 1999. He then suggested that everyone who has made a contribution should be contacted to see if they wish to have their donations held. He characterized the extension of the donation period as an administrative issue that requires no Commission action. (2) Commissioner Youngman stated that she has received a request from the Northeast Neighborhood Association (NENA) to address the Commission at next week's meeting, particularly since the School Board will be considering the Karst site as a possible location for the bus barn that evening. A majority of the Commissioners concurre~ it would be acceptable to hear from the group during the work session. (3) Commissioner Youngman asked if anyone plans to attend the open space symposium later this week. None of the Commissioners indicated an intent to attend; and the City Manager indicated that he will ask if any staff members plan to attend. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Mary Gray, 1703 West Olive Street, dated February 19, expressing concern about the possibility that the School District might construct a bus barn on its property in the 1200 block of Durston Road. (2) Letter from Pastor Dan Liebe, dated February 24, expressing concern about the requested beer and wine license for the Bistro, particularly since it is within 600 feet of a church. (3) Letter from Daniel M. O'Leary, 203 % North Grand Avenue, dated February 24, requesting the installation of a stop sign at the intersection of North Grand Avenue and West Lamme Street. Responding to Commissioner Rudberg, the City Manager indicated that staff will respond to this letter. (4) Letter from Michael and Nancy Etchingham, 1510 South Rouse Avenue, dated February 17, requesting that they not be required to install a sidewalk along their East Lincoln . Street frontage. (5) Letter from McRay Evans, 1524 South Rouse Avenue, requesting that he not be required to install a sidewalk along his East Lincoln Street frontage. Responding to Commissioner Rudberg; the City Manager stated that the Engineering staff will. respond to these two letters. (6) Letter from James F. Cannata, 608 West Babcock Street, dated February 23, stating support for a refrigerated ice surface in the city. 03-01-99, - 20 - (7) Copies of form letters in support of an improved outdoor ice rink, as proposed by the Bozeman Amateur Hockey Association. (8) Copies of letters from the Montana Department of Transportation, dated February 19, announcing approval of CTEP applications for historic lighting in the downtown area, the Rose Park trailhead, and sidewalks along Langohr Park. (9) Copy of the notice of LEPC meeting scheduled for 12:30 p.m. on Thursday, . February 25, in the Commission Room, along with minutes from their meeting held on January 28. (10) Copy of the minutes from the January 29 meeting of the Board of Directors for the Montana League of Cities and Towns. (11 ) Minutes from the Gallatin City-County Health Board meetings held on December 8, 1998, and January 12, 1999. ( 12) Legislative bulletin from the Montana League of Cities and Towns providing a status report on bills concerning local governments as of the mid-point in the legislative session. ( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 2, in the Commission Room. (14) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 2, in the Commission Room. ( 15) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 2, at the Courthouse. . (16) Commissioner Rudberg suggested that, since this is a five Monday month, the Commission consider cancelling the meeting for March 22. The City Manager cautioned that special meetings have been called for several Mondays in March to process SID No. 665, the Northwest Waterline, and a special meeting may be needed for that day. ( 17) Commissioner Rudberg asked if the City is required to become involved in the census. Assistant City Manager Brey responded that Cities concerned about the accuracy of the count, because it serves as a basis for various funding distributions, typically become involved in the process. He noted that in 1990, the City of Bozeman hired an intern to assist with the process and to ensure the accuracy of the figures; and under the current program, staff is ensuring that the groun~work for an accurate count is laid. ( 18) Commissioner Rudberg noted that the Beautification Advisory Board has assumed responsibility for the Clean Up Bozeman campaign this year. She stated that the information from Recreation Superintendent Sue Harkin, who previously organized this event, was very thorough and detailed, making the conversion easy. (19) Commissioner Rudberg noted that the logs from the Police Department reveal yet . another dog bite. She also noted that at the Northeast Neighborhood Association meeting, the issue of dog problems was raised, and she is pleased to see at least one neighborhood taking a careful look at the situation. (20) City Manager Johnson submitted the following. (1) Provided a brief legislative update, noting that the problems with CI-75 remain an issue. (2) Indicated that he spoke a few times last week. (3) Stated that he skied this past weekend, as part of the City's wellness program. 03-01-99 ----.----. - 21 - (21 ) Assistant City Manager Brey distributed copies of the new snowpack report, through February 21 . He noted that the Gallatin River basin, on a basin~wide basis, has 118 percent of the average snow water equivalent; however, Lick Creek, which provides much of the City's water supply, is well below average. (22) City Attorney Luwe stated that last Tuesday and Wednesday afternoon, his department had a retreat and developed mission and vision statements as well as goals and expected behaviors and values. He then distributed copies of those documents to the . Commission. Adjournment - 8:05 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. .~ 4. J4( ATTEST: ALFR M. STIFF, Mayor ()~J~ . ROBIN L. 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