HomeMy WebLinkAbout1997-08-04 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 4, 1997
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e The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, August 4, 1997, at. 3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, 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 - Julv 7, Julv 14, Julv 21 and Julv 28, 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of July 7, 1997, be approved as amended and that the minutes of the
e meetings of July 14, July 21 and July 28, 1997, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
Preliminarv plat review - amended plat for Babcock Meadows, Phase II - transfer portion of
property in Phase I to Phase II; subdivide 13.36 acres located in a portion of the SW% Section
11, T2S, R5E, MPM, to create 30 lots for sinale-family, multi-family and condominium uses
(P-9731 )
This was the time and place set for review of the amended preliminary plat for Babcock
Meadows, Phase II, as requested by Morrison-Maierle, Inc., for Babcock Place Partners, under
Application No. P-9731, to transfer a portion of the property in Phase I to Phase II and to
_ subdivide 13.36 acres located in a portion of the Southwest Quarter of Section Eleven,
Township Two South, Range Five East, Montana Principal Meridian, into thirty lots for single-
family, multi-family and condominium uses. The subject property is more commonly located
along the south side of the 3100 block of West Babcock Street.
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Assistant Planner Chris Saunders stated that, included in the Commissioners' packets,
was a letter from Mr. Mike Lilly, attorney representing Babcock Place Partners, dated July 28,
withdrawing this application. He noted that the applicant now intends to proceed with filing
of the final plat based on the preliminary plat which has previously been approved.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
e Commission acknowledge receipt of the letter of withdrawal. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none.
Public hearing - Commission Resolution No. 3180 - intent to annex 411 :t acres located alana
the south side of Durston Road, west of Ferauson Avenue and north of US Highwav 191 (360
Ranch Corporation, et a',) (P-9703)
This was the time and place set for the reopened public hearing on Commission
Resolution No. 3180, as approved by City Attorney Luwe, and entitled:
COMMISSION RESOLUTION NO. 3180
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
e BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF
TRACTS OF lAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS
WITHIN THE CORPORATE LIMITS THEREOF.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission reopen the public hearing. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
Assistant Planning Director Debbie Arkell noted that during last week's work session,
a fiscal impact analysis, as prepared by Assistant Planner Saunders, was distributed, along with
a memo dated July 28, forwarding staff responses to 23 questions raised by Commissioners
and, distributed at the beginning of this meeting, was a memo dated August 4, forwarding a
_ proposed revision to Condition No.1.
The Assistant Planning Director provided a brief overview of the questions. She stated
that some of the questions pertained to the zoning designations and whether the "B-1",
Neighborhood Service, district can be expanded and whether a portion of the requested "R-3",
ResidentialnMedium-density, district can be replaced with an "R-4", ResidentialnHigh-density,
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area. She stated that both of these options can be considered since they
would be in
compliance with the requested master plan amendment, contingent upon annexation.
She
cautioned, however, that both of these changes are considered an intensification of the zoning
and would, therefore, be required to go through the entire zone map amendment process. She
e stated that the Commission could initiate that process at this time if it wishes to see the
revised zoning, or the applicant may pursue such a change at any time in the future.
Responding to Commissioner Frost, the Assistant Planning Director confirmed
that a
zone code amendment is needed before the Commission can impose a minimum density
requirement with a specific zoning district or development. She noted that at the conference
last week, she heard a presentation on the updated zone code for Fort Collins, Colorado, under
which minimum densities have been identified. She reminded the Commission that, under the
current zone code, single-family units through five-unit townhouses are allowed in the "R-3"
zoning district.
Responding to Mayor Stueck, the Assistant Planning Director stated that
it is difficult
to require a specific phasing of development through the annexation and rezoning processes.
e She suggested that, hopefully, the neighborhood commercial area will develop in a manner that
will meet the needs of the surrounding residential area; however, she cautioned that it cannot
be required without a zone code amendment.
Responding to Commissioner Youngman, Assistant Planning Director Arkell
stated that
the zone code provisions in effect at the time an application is filed are the provisions under
which an application is reviewed. She then estimated that the types of issues that have been
raised by the Commissioners could take up to twelve to eighteen months to review and
implement.
Mr. Jack Schunke, Morrison-Maierle, representing the applicant, stated
his appreciation
for all of the consideration and work that has gone into reviewing this requested annexation.
He noted that the comments forwarded by the Commissioners and the City staff have been
- thoughtful and will be taken into consideration as they go through the subdivision and
development processes.
Mr. Schunke noted that many of the comments and concerns raised pertain
to impacts
on services. He noted that it is extremely difficult to assess those impacts at this time because
subdivision or development proposals have not yet been developed. He suggested that, at this
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time, the issues which should be raised are whether this is a logical area in which Bozeman
should grow and whether adequate infrastructure can be provided, including an adequate,
transportation grid, water services and sewer services.
Mr. Schunke noted that when the revised conditions were proposed three weeks ago,
his client became concerned about one of those conditions, pertaining to improvements to
e Durston Road. He noted that during the past three weeks, his firm has reviewed the condition
and the records on file at the Clerk and Recorder's Office to determine the amount of dedicated
right-of-way for Durston Road and the waivers of right to protest the creation of a special
improvement district for improvements to Durston Road. He noted that review has revealed
this roadway does not have the same problems as West Babcock Street. He stated, rather, it
is wider and in much better shape, and 72 percent of the right-of-way has been dedicated or
will have been dedicated if this annexation request is approved. He then noted that, based on
the area logically served by Durston Road, he has prepared a map showing proposed SID
boundaries. He indicated that, based on the road configuration proposed in conjunction with
annexation, each lot would be assessed approximately $35.00 a year, based on a 20-year
e assessment.
Mr. Schunke then stated that the applicant is receptive to the idea of expanding the
amount of "B-1" zoned property. The applicant is also willing to consider some "R-4" zoning,
although he feels the "R-3" zoning can be developed at an acceptably dense level because of
the flexibility available under that zoning designation.
Responding to Mayor Stueck, Administrative Services Director Miral Gamradt noted
that a couple of weeks ago, two of the Commissioners met with some of the staff members
and, at that meeting, he indicated that a team of analysts could not provide a comprehensive
fiscal analysis in the time allotted. He noted that Assistant Planner Chris Saunders has
provided a good fiscal impact analysis, basically from the standpoint of impact fees and the
level at which impact fees are currently being assessed. He encouraged the Commissioners
~ to recognize that this analysis has been prepared by one individual, and reflects that person's
viewpoint.
The Administrative Services Director suggested that more important Questions are
"What is the financial cost of the annexation?" and "What would be the cost to the community
if this level of development were to occur without annexation?" He encouraged the
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Commissioners to recognize that development of this site will occur, whether or not it is
annexed and, if it is outside city limits, the cost to the community will be much greater.
The Administrative Services Director noted the size of this proposed annexation is very
comparable to the Valley Unit Annexation. He reminded the Commission that Valley Unit has
been inside city limits for seventeen years and, after at least six years of record development
e in the community, it is approximately two-thirds to three-quarters developed. He suggested,
in that light, that the length of time it will take to develop the subject parcel is probably longer
than what the applicant's representative has estimated.
Responding to Mayor Stueck, the Administrative Services Director stated that in
October of each year, property taxes are assessed against all development which was in place
on January 1 of that year. He noted that, because of this timing, if a property is developed in
January of one year, it is not assessed until November of the following year.
He then
cautioned the Commission that very low property taxes are paid on raw land.
Commissioner Youngman stated it is important to recognize that development outside
city limits does not impact certain services. She noted, for instance, that
if the property is
e developed outside city limits, the City will not be responsible for providing police protection or
fire protection and will not be required to maintain the streets.
The Administrative Services Director encouraged the Commissioners to also consider
the potential consequences of development outside city limits, including the potential for
groundwater contamination and the issues encountered when later trying to annex an already
developed area.
Commissioner Rudberg noted that those people living in the newer areas of the
community pay street and tree maintenance assessments as well as property taxes.
She
further noted that they live in areas where minimal demands are placed on maintenance of the
City's infrastructure, so the revenues from these areas subsidize the maintenance of
infrastructure in the older parts of the community. She stressed that impact fees can only be
e used to address infrastructure needs, but property taxes can be used for the support of City
operations.
Commissioner Frost noted that almost every City department requested additional
personnel this year because of the growth in the community and the additional need for
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maintenance. He stated that if new growth pays more than it uses in services, with the growth
the City has incurred over the past 6 Y2 years, the City should now have a surplus of monies.
Mr. Brian leland, 528 North Bozeman Avenue, noted that people say government
needs to be run more like a business, and he feels that attempting a financial analysis of the
annexation is a step in the right direction. He noted that this analysis will provide a measure
e of comparisons between different annexations and help to identify the impacts on the
community. He then encouraged the Commission to recognize that the financial analysis which
they have received on this annexation does not include any of the impacts on schools.
He
estimated that, based on the applicant's figures, 1,402 dwelling units are to be constructed
and, at .51 students per dwelling unit, that is an additional 729 students.
He noted that, at
$3,000 per year per student for operating expenses, the school district will incur $275,000 per
year more in expenses than in revenues from this annexation. He further noted that the costs
of constructing a new school to accommodate the students is expensive. He stated that the
proposed annexation is to be developed mostly as residential and to expect it to pay its own
way is not realistic.
e Mr. Leland stated another issue is the wastewater treatment plant capacity and the
costs of obtaining a new permit for the discharge since, under future permits, the City will no
longer be able to dump its effluent directly into the East Gallatin River. He recognized that the
plant is rated to serve 36,000 people; however, he stressed the importance of considering the
costs of the plant expansion and attendant permits now. He indicated
that he is particularly
concerned about this issue in light of the Fort Ellis leisure Community proposal, where they
have indicated a willingness to pay 100 percent of the wastewater impact fee in addition to
installing the line.
Mr. Leland noted that if this property is developed in the county, the County will collect
2 Y2 times the amount the City would collect in street impact fees. He then expressed concern
about the arguments about development outside city limits and questioned whether, particularly
e in light of the wastewater treatment capacity, the City wants to be "the UN of Gallatin County"
and annex all surrounding properties to avoid such development.
Mr. Leland concluded by stating that, while he is in favor of annexing the soccer park,
he does not feel that the remainder of the property should be annexed until after the City has
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adjusted its wastewater impact fee to include a plant capacity charge and raised its impact fees
so the existing taxpayer does not have to subsidize the annexed property.
Mayor Stueck stated that the current discharge permit for 36,000 people was reduced
from the 55,000 originally requested, and the City is now attempting to get the permit revised
to accommodate 55,000 people. He then said that, even though the number of dwelling units
e in Bozeman has been increasing over the past few years, there are t80 fewer students in the
Bozeman school system than there were six years ago, and the School District is considering
the closure of one of the elementary schools.
Mr. Brian Leland noted that the student population in the Belgrade school system has
been steadily increasing. He suggested that part of the reason could be the lack of housing in
the Bozeman area, and development within this proposed annexation could change that
situation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Mayor Stueck asked about Condition No. 1.c)5), which has been added since the
original conditions were proposed.
e Commissioner Youngman stated her appreciation for the revised conditions, as
forwarded in the memo dated July 10. She suggested that some of the verbiage which has
been included in italics to forward the reasons for the changes in the conditions be included in
the conditions to clarify them. She suggested that this could avoid ambiguity and questions
in the future.
Responding to questions from Commissioner Youngman, Assistant Planning Director
Debbie Arkell stated that payback provisions can be included in the conditions for annexation.
She characterized such provisions, however, as "an administrative nightmare" for staff and
without significant monetary benefit to the applicant.
Further responding to Commissioner Youngman, the Assistant Planning Director stated
that the applicant is suggesting that Durston Road from North 19th Avenue westward be
_ improved through a special improvement district. She noted that the applicant has also
indicated a willingness to provide some preliminary engineering work for the SID, including an
evaluation of existing rights-of-way and waivers of right to protest the creation of the SID, and
preparation of the petition for creation of the district.
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Responding to Commissioner Youngman, Planning Director Andy Epple suggested that
Condition No.1 could be revised to require that no final plat or final development approval will
be given in the annexed area prior to the improvements being completed. He noted that this
would address some of the concerns raised by Commissioners as well as ensure the protection
of the community's interests. He then reminded the Commission that the platting process
e includes three phases: the pre-application, preliminary plat and final piat; and the preliminary
plat stage is typically when infrastructure improvements are required.
Responding to Mayor Stueck, the Planning Director recognized that the potential for
legal action in conjunction with identifying the rights-of-way for Durston Road exists,
particularly in light of the issues which have been raised surrounding West Babcock Street. He
also recognized that the potential to need the powers of eminent domain exist if the road right-
of-way is contested.
Mayor Stueck voiced his concern that under this proposed condition, the applicant is
being asked to do what is really the responsibility of either the City or the County. He noted
that requiring the applicant to submit the petition for the SID, based on preliminary engineering
e work, is appropriate.
Commissioner Youngman stated that development of this subject 411 acres at the
density proposed could make what is currently a minor problem an unacceptable problem. She
expressed concern that if the Commission is not proactive at this time, the result could be
another West Babcock Street.
Commissioner Stiff stated he feels the City should accept the offered letter of credit,
however, he cannot support holding that letter against the developer for the extended period
of time that could result from a legal action in conjunction with the road right-of-way. He then
indicated that he could support requiring a letter of credit for two years.
Commissioner Frost stated he supports the revised condition, particularly in light of the
problems encountered in conjunction with West Babcock Street. He noted that the City has
e allowed annexation and development to occur along West Babcock Street in an effort to ensure
upgrading of the road, and the road remains in its poor condition. He stated the subject
annexation contains more acreage and Durston Road is longer than West Babcock Street, and
he feels it is important that the City takes the necessary steps to ensure that the roadway is
properly improved in a timely manner to avoid similar problems. He then recognized that if
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acquisition of right-of-way for Durston Road becomes an issue, then exercising the right of
eminent domain may become necessary.
Mayor Stueck stated that the right-of-way problems on both West Babcock Street and
Durston Road are mainly County problems, since the City has obtained most of the right-of-way
for improvements along its portions of those roadways.
e Planning Director Epple reminded the Commission that this is not the only opportunity
to review the capacity of the roadway; in fact, he noted, the issue will be addressed during
reviews of the preliminary plat and development proposals.
City Manager Johnson suggested that the Commissioners give City staff clear direction
on the wording of the conditions they wish to see changed. He noted that, if the Commission
wishes to proceed with annexation, staff can then begin to work on an annexation agreement
and the applicant can begin to address the conditions.
The Commissioners concurred that the additional language should be added to
Condition No. 1.a)5) to stipulate that the SID be created prior to the filing of the final plat or
a final development plan.
e Commissioner Stiff stated he feels Durston Road between North 19th Avenue and the
subject property is significantly different from the other roads listed in Condition No. 1 and
should, therefore, be addressed in a separate condition. He then
noted that, in light of the
significant amount of discussion and possible changes in the language of the conditions, it is
important that the Commission have them in writing before taking action on this agenda item.
Mayor Stueck stated that, while he agrees with the comments which have been made
regarding the necessary improvements to Durston Road, he is concerned that development of
this site could be held up for several years because of potential legal actions, and he feels that
is inappropriate. He recognized that it is appropriate to ask the applicant
to assume
responsibility for the preliminary engineering work for improvements to Durston Road and the
submittal of the petition for creation of an SID, noting that is where
the applicant's
e responsibility for carrying the project should end. He then stated that formation of the district
should also be required before the final plat is filed, although he does not feel it is necessary
to have the work completed.
Assistant Planning Director Arkell noted that the City staff and Commission have heard
that Durston Road is substandard, however, she noted that staff has no traffic study for that
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roadway west of Hunters Way to know if that is truly an accurate assessment. She reminded
the Commission that if a traffic study reveals the level of service is or, with a development
proposal will become, a Level D or lower, then the roadway must be improved to provide at
least a Level C service.
The Planning Director reminded the Commission that street improvement requirements
e are typically imposed at preliminary plat rather than at annexation. He noted that attempting
to deal with this issue at the annexation stage is difficult since the information upon which
such conditions are imposed is not available at this time.
Commissioner Youngman stated she feels it is important to include as many issues as
possible in the annexation agreement, so the developer knows what is expected.
She also
noted that this will also help to ensure that the public interest is addressed and that Durston
Road is appropriately improved.
Commissioner Frost stated he needs to know that Durston Road will be improved, not
just hope that it will be. He reiterated his concern that another West Babcock Street not result
from annexation and development of the subject property.
e In response to Mayor Stueck, City Attorney Luwe stated an issue has been raised about
who is the actual owner of the property and who is the applicant. He stated that, procedurally,
the appropriate notice has been given in accordance with the statutory requirements.
He
noted, however, that the Commission has adopted the annexation policy, which includes an
additional notice requirement, and a question has arisen as a result of that notice.
He stated
that Assistant Planning Director Arkell has given him a copy of the notice which the Planning
Office prepared, but he has not had adequate time to research the records at the Clerk and
Recorder's Office. He then asked that the Commission identify the conditions
to be met and
the issues to be included in the annexation agreement, noting that he will complete his research
before action is taken on those items.
Responding to Commissioner Frost, the Assistant Planning Director stated that the
- community impact statement and the environmental impact statement which are required in
the subdivision and development stages will reveal what impacts this area may have on City
services and whether emergency services can be adequately provided.
Planning Director Epple noted that, given this large annexation and other impending
annexations in the area, it may be in everyone's best interests if the owners of the land for
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which annexation is sought were to identify the best possible location from which to provide
emergency services to this segment of the community.
Commissioner Youngman stated that implicit items worry her, and asked that
some of
the comments in italics below the conditions be incorporated into the conditions to avoid the
potential for misunderstandings in the future.
e Assistant Planning Director Debbie Arkell stated that the annexation agreement includes
the reasons for the conditions, and that may be a more appropriate place to include some of
the language contained in the italics.
Commissioner Frost recognized that in the staff report, some of the department
heads
have indicated that adequate services cannot be provided to the site, citing the police as an
example. He asked that the Commissioners consider these staff comments as they act on the
annexation.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg,
that
the Commission authorize and direct staff to prepare an annexation agreement for the entire
411 acres, for review and possible action by the Commission.
The motion carried by the
I following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Public hearina - Master Plan Amendment - Morrison-Maierle. Inc.. for 360 Ranch COrDoration.
et al. - amend the land use desianation from Suburban Residential and Urban Residential to
Urban Residentiallnfill and Commercial on 411 :!:: acres located alona the south side of Durston
Road. east of Ferguson Avenue and north of US Highwav 191 (P-9721)
This was the time and place set for the reopened public hearing on the
Master Plan
Amendment requested by Morrison-Maierle, Inc., for the 360 Ranch Corporation, et a/., under
Application No. P-9721, to amend the land use designation from "Suburban Residential" and
"Urban Residential" to "Urban Residential Infill" and "Commercial" on 411:t acres located
along the south side of Durston Road, east of Ferguson Avenue and north of US Highway 191.
e It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that
the
public hearing be reopened. The motion carried by the following Aye
and No vote: those
voting Aye being
Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost,
Commissioner Youngman and Mayor Stueck; those voting No, none.
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No one was present to speak in support of or in opposition to the requested master
plan amendment.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Master Plan Amendment requested by Morrison-Maierle, Inc., for the
e 360 Ranch Corporation, et a/., under Application No. P.9721 , to amend the land use
designation from "Suburban Residential" and "Urban Residential" to "Urban Residentiallnfill"
and "Commercial" on 411::t acres located along the south side of Durston Road, east of
Ferguson Avenue and north of US Highway 191, and authorize and direct staff to bring back
a resolution enacting the amendment subsequent to annexation of the subject property. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
Stueck; those voting No, none.
Public hearina M Zone Map Amendment - Morrison-Maierle. Inc.. for 360 Ranch Corporation. et
al.. - change the zoning desianations from "R-1". "R-O". "R-MH". "B-1", "B-2" and "PU" on
1 4110t acres located alonQ the south side of Durston Road. east of Ferguson Avenue and north
of US Highway 191 (Z-9741)
This was the time and place set for the reopened public hearing on the Zone Map
Amendment, as requested by Morrison-Maierle, Inc., for 360 Ranch Corporation, et al., under
Application No. Z-9741, to change the zoning designations from "R-1", ResidentialnSingle-
family, Low-density, "R-O", ResidentialnOffice, "R~MH", ResidentialnSingle-family, Mobile
Home, "B-1", Neighborhood Service, "B-2" Community Business, and "PU", Public Lands and
Institutions, to "R-2", ResidentialdSingle-family, Medium-density, "R-3", ResidentialnMedium-
density, "R-MH", ResidentialnSingle-family, Mobile Home, "R-O", ResidentiaIM-Office, "B-1",
Neighborhood Service, "B-2", Community Business, and "PU", Public Lands and Institutions,
on 411 ::t acres located along the south side of Durston Road, east of Ferguson Avenue and
e north of US Highway 191.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission reopen the public hearing. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
Commissioner Rudberg and Mayor Stueck; those voting No, none.
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Assistant Planning Director Debbie Arkell asked that the Commission seek input from
the applicant on whether expansion of the "B-1" zoned area and conversion from "R-3" to
"R-4" zoning are acceptable.
Planning Director Epple suggested that the Commissioners could proceed with this zone
map amendment application and then direct staff to proceed with another zone map
e amendment to make those changes if they so desire.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Zone Map Amendment, as requested by Morrison-Maierle, Inc., for
360 Ranch Corporation, et al., under Application No. 2-9741,
to change the zoning
designations from "R~ 1 ", ResidentialuSingle-family, Low-density, "R-O", ResidentialuOffice, "R-
MH", ResidentialuSingle-family, Mobile Home, "B-1 ", Neighborhood Service, "B-2" Community
Business, and "PU", Public Lands and Institutions, to "R-2", ResidentialuSingle-family, Medium-
density, "R-3", Residential--Medium-density, "R-MH", ResidentialuSingle-family, Mobile Home,
"R-O", ResidentialuOffice, "B-1", Neighborhood Service, "B-2", Community Business, and
"PU", Public Lands and Institutions, on 411 :t acres located along the south side of Durston
I Road, east of Ferguson Avenue and north of US Highway 1 91, and authorize and direct staff
to proceed with a new zone map amendment to expand the "B-1" zoned area and change the
"R-3" zoning to "R-4" zoning. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
Ordinance No. 1446 - amendina various sections of the animal control ordinance Dertainina to
licensina. kennel licenses. exotic animals. restraint of animals. nuisance animals and
imDoundment of animals
Included in the Commissioners' packets was a copy of Ordinance No. 1446, as
approved by City Attorney Luwe, entitled:
ORDINANCE NO. 1446
e AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE
BOZEMAN MUNICIPAL CODE
BE
AMENDED BY
REVISING SECTIONS 6.04.010,
6.04.020. 6.04.030,
6.04.040. 6.04.050, 6.04.060, 6.04.070, 6.04.080. 6.04.090, 6.04.110,
6.04.120,6.04.130,6.04.160, AND 6.04.170, AND BY ADDING SECTIONS
6.04.180; PROVIDING FOR REVISIONS TO THE DEFINITIONS. LICENSING
REQUIREMENTS, EXEMPTIONS
FROM LICENSING REQUIREMENTS,
ISSUANCE OF LICENSES, KENNEL LICENSE REQUIREMENTS, ANIMALS AT
LARGE, DOGS
IN HEAT, RABI ES V ACCINA
TION REQUIREMENTS,
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QUARANTINE FOR DOGS
BITING PERSONS, PROHIBITING
NUISANCE
ANIMALS, IMPOUNDING UNLICENSED ANIMALS, PROVIDING REDEMPTION
REQUIREMENTS FOR IMPOUNDED ANIMALS, PROVIDING ENFORCEMENT
AUTHORITY FOR ANIMAL CONTROL OFFICER, AND ADDING PROVISIONS
FOR EXOTIC ANIMALS, AND PENAL TIES FOR VIOLA
TIONS OF THIS
CHAPTER,
Staff Attorney Tim Cooper stated that a little over a year ago, the Commission directed
e staff to prepare an ordinance to address several specific issues in the animal control section of
the code, He then indicated that this ordinance includes changes forwarded by the
Commission, individual Commissioners, Animal Control Officer and Director of the Humane
Society as well as changes forwarded during previous discussions of this ordinance.
Mr. Aaron Bruce, 903 Remington Way, stated he feels the proposed $100 fine for
failing to clean up after a dog is a little steep. He suggested that, instead of the monetary fine,
people be fined to community service, possibly cleaning at the dog pound. He
expressed
concern that the ordinance, as proposed, gives too much power to the Animal Control Officer
since it allows that individual to determine whether an animal should be destroyed after biting
a person. He suggested a preferable alternative might be the "three strike rule".
He then
questioned why a person should be required to obtain a kennel license for more than two dogs,
I stating he feels a person has a right to have as many dogs as he or she wants.
Ms. Nancy Vandeventer, 3610 Broadwater Avenue #107, stated that, even though
there is a leash law in the city, she encounters a lot of dogs that are not leashed when she
runs. She noted that she loves the line "Oh, he's friendly", noting that she would like to
respond "Yes, and he's off his leash". She stated people need to not only keep pets on a
leash, but pick up after them. She also noted that people should leave their pets at home when
they attend games on public property, including school grounds.
Animal Control Officer Connie Lien stated that, in general, she supports the ordinance
as drafted. She noted that under these revisions she is allowed to hold an animal designated
as dangerous, some of her duties and powers are clarified, and some latitude for making
_ decisions while ensuring the protection of people and property is provided. She also noted that
under this new ordinance, exotic and wild animals are subject to specific regulations, which
have not existed in the past. She stated her support for addressing the number of cats per
location, estimating that 50 percent of her calls are cat complaints. She also noted that the
new ordinance provisions allow her to more adequately address health problems and issues.
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The Animal Control Officer expressed some concern about the $100 fine for a rabies
vaccination unless that fine includes an option for the City Judge to suspend a portion of the
fine so the person can cover the costs of the vaccination. She suggested it is preferable to
encourage the vaccination of the animals rather than imposing such stiff fines that the person
cannot afford the vaccination. She then encouraged Commission approval of this ordinance.
e Ms. Kate Martin, 119 % West Lincoln Street, stated she has recently moved to
Bozeman after living in many other communities in Montana. She noted that Bozeman has a
very bad dog problem, stating her support for the Commission's effort to address the issue.
She forwarded a series of comments and questions regarding provisions in the proposed
ordinance, many of which are identified as follows. She suggested that, in addition to the fees
currently assessed by the City for various activities, an animal fee be assessed. She noted that
this would provide adequate revenues to fund enforcement of the animal control ordinance.
Ms. Martin stated her support for a grandfather clause for those who will be required
to obtain kennel licenses under this new ordinance, preferably at a reduced rate. She noted
that she has five cats, stating that she rescues them from various locations. She stated that
I all of them are "fixed" and have current licenses and vaccinations. She stated that, while they
do roam, they do not stray far from her home. She also suggested that any household that
adopts a cat from the Humane Society should be eligible for a reduced fee because they are
helping to address the stray population. She noted that a requirement to obtain permission
from the neighbors to have more than two cats might be in everyone's best interests. She then
proposed that a percentage of all fees be donated to any non-profit society that helps with
strays. She further proposed that anyone with a small dog or cat that does not leave the house
should not be required to pay any type of fee.
Ms. Martin stated that she lives close to MSU and the linear trail. She noted that many
people let their dogs run loose. She suggested that citing those people under the dog at large
section, based on a citizen complaint, could assist the animal control officers in the
e enforcement of that requirement. She noted that MSU students often have animals, and
suggested that distribution of an informational flyer during registration could be of benefit.
She suggested a curfew for all animals, with no dogs or cats being allowed outside before 6:00
a.m. or after 10:00 p.m.
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Ms. Martin stated that no dog should be allowed to lie in the back of an open bed truck
unless it is restrained and muzzled. She noted that a dog lying in the back of a truck can
"embarrass a person" when they stand up and bark.
Ms. Martin stressed the importance of education, suggesting that a pet appreciation
day could be a way to begin such an effort. She also suggested that education in the
e elementary schools could be beneficial. She urged the Commission to designate a place where
people can allow their dogs to run free, stating that is "only fair" to the animals.
Ms. Martin expressed concern about requiring that a cat be placed on a leash. She
recognized that if a cat is raised to walk on a leash, then that can be accomplished. She noted,
however, that if a cat is over three years old, such training is very difficult and, in fact, one
ends up dragging the cat along on the leash. She concluded by encouraging the Commission
to consider the points that she has raised.
Mr. Robert MacDonald, 29 Sheridan Place, stated he is one of two licensed falconers
inside the city limits. He expressed concern about including raptors in the exotic and wild
animal section of the ordinance, particularly since they are already subject to federal and state
I regulations. He noted that a falconer must take a comprehensive written examination and have
two years of on-hands training before being able to hold a bird under a permit. He also noted
that the facilities are inspected by a trained professional, and the strict requirements for housing
the birds help to ensure public safety.
Mr. MacDonald encouraged the City to let the Department of Fish, Wildlife and Parks
control birds of prey, rather than including them under this ordinance. He stated that the
requirements, as contained in the proposed ordinance, are impractical, particularly given the
manner in which such birds must be maintained. He concluded by encouraging the Commission
to eliminate this portion of the ordinance.
Former City Commissioner Mary Vant Hull, 416 East Story Street, stated she has lived
in Bozeman for 35 years and spent many hours walking her dogs over the years. She said that
e she represents the responsible dog owners in the community who love their pets and take them
out for exercise every day. She stated that those dogs who are exercised well are typically
very friendly. She also noted that most of those dogs are well behaved when they are not on
leashes, but are allowed to run and play for a few minutes. She noted it is "time to give
responsible dog owners a break" when considering this proposed ordinance. She stated that
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when she served on the Commission, she reviewed dog ordinances from places as diverse as
Pinedale, Wyoming, and New York City, New York, and many of those places had areas where
the responsible dogs with responsible pet owners could run and play.
Ms. Vant Hull then distributed a proposal for an auxiliary dog license which would allow
a responsible dog owner to allow the dog to run/walk on a trail or in a park without being on
e a leash. She noted that this proposal includes having the pet owner sign a statement certifying
that both the owner and the dog will act responsibly.
Ms. Vant Hull noted that in the late 1970s, the Commission adopted a tougher animal
control ordinance than what had previously been in place. She stated, however, that time has
shown the new ordinance is impossible to enforce. She suggested
that a different approach
be taken now, with voice control being allowed and with more emphasis on education and
signage.
Ms. Ganay Johnson, Executive Director of the Humane Society of Gallatin County,
indicated her general support for the proposed ordinance, characterizing it as a vast
improvement over the existing ordinance. She encouraged the Commission to establish leash
I free zones, as provided under Section 7. She asked that under Section 9, the Animal Control
Officer be given enough latitude to make a determination on whether an animal is to be
destroyed after biting a person, noting that in some instances, a dog may be vaccinated but
not wearing a tag. She then forwarded her support for the spay/neuter provisions
contained
on Page 12, noting that 80 percent of the stray animals taken to the Humane Society are not
spayed or neutered. She noted that, through the issuance of certificates to decrease the cost
of spaying or neutering by 50 or 100 percent, the Humane Society has spent $52,000 a year
for such services.
Commissioner Stiff left the meeting at 5:30 p.m.
Ms. Johnson forwarded her interest in seeing levels of "dangerous" created and
identified, based on the behaviors exhibited. She stated that the information
from Oregon
e contains a listing of four levels of dangerous behavior and which behaviors are associated with
each level as well as instructions for dealing with that level.
Animal Control Officer Connie Lien stated that the posting of signs and public
education, and encouraging people to use common sense, seems to be a much kinder and more
effective approach than the hiring of more people to enforce the codes by issuing tickets.
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Ms. Karyn Spear, 2320 Arnica Drive, stated that she conducts dog training
classes.
She forwarded her general support for the proposed ordinance, noting that is an improvement
over the existing ordinance. She stated that in her training sessions, she encourages people
to keep their dogs on leashes at all times. She noted
that a dog truly under voice control will
heel at all times, and will not leave that heeling position when approaching another person or
e another dog. She stated that few dogs are that well trained, but are typically prone to greeting
people and other dogs.
Ms. Spear then asked about the intent of the kennel licensing requirement.
She
concluded by forwarding her concern about the creation of an area where dogs are allowed to
run off leash. She cautioned that, when off leash, dogs will establish a pecking order, and that
can lead to confrontations and fights. She noted that if people
attempt to break up those
fights, they may be hurt.
Mr. Aaron Bruce stated he does not believe anyone should be given the right
to spay
or neuter another person's animal. He suggested that if someone doesn't
want dogs in his
yard, he should put up a fence. He further suggested that if someone is walking and doesn't
I want to be attacked by a dog, he should carry mace. He then stated he does not feel anyone
should be required to obtain a kennel license for having more than two animals.
Mr. Larry Korkowski, 1838 Valley Center Road, stated he is the victim of
dog attacks.
He noted that he has been attacked many times by unleashed dogs and, in fact, has been bitten
twice. He stated that, while he carries a can of pepper spray, he has been
unable to use it
because of the swiftness of the attacks. He forwarded his interest in seeing an escalating fine
for dogs at large, possibly starting at $50 and doubling with each subsequent infraction. He
then stated support for setting aside a park for dog lovers and their pets, noting that he would
then avoid that area.
Mr. Korkowski stated he would like to see funding for additional animal
control officers,
noting that the code is not being actively enforced at this time. He stated that, in light of the
e lack of enforcement, adoption of a new ordinance will not resolve the existing problems. He
suggested that education should be an important component of the new ordinance, possibly
with signs strategically placed and pamphlets printed and distributed. He concluded by noting
that laws are needed because people cannot control themselves.
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Mr. Jim Schipf, 415 North Grand Avenue, stated he is mostly concerned about the
noise that can often accompany a kennel operation, noting that some people shouldn't have
even one dog. He stated that, even if dogs are maintained inside a fence,
they can still be a
nuisance with their barking. He noted that his yard is fenced, so
dogs cannot enter it;
however, he stated that with their noise, they enter his house on a regular basis.
He then
e asked about any proposed requirement for obtaining neighborhood approval for a kennel license
and whether one person could stop a license from being issued under such a provision.
Staff Attorney Tim Cooper addressed the issue of the $100 fine for lack of a current
rabies vaccination, noting that a court typically has the latitude to suspend a portion of the fine
on the condition that the animal be vaccinated within a specified amount of time.
He stated
that the authority to require the neutering of an animal is very well documented because of the
health, safety and welfare issues to the community. He stressed that this authority is exercised
only when an animal is not properly controlled.
The Staff Attorney stated that educational efforts can be undertaken in an effort to
make the community aware of the new regulations pertaining to animals.
He also noted that
I the regulations and attendant fees apply to the MSU campus, noting that the MSU officers
have the authority to enforce those ordinances. He further noted that citizen
complaints
provide another avenue for enforcement of the ordinance.
The Staff Attorney stated that he and Animal Control Officer Lien talked about the idea
of creating different levels of dangerous dogs. He recognized that this type of provision could
be very helpful; however, he noted that the ordinance as proposed provides some latitude for
the court to act on each complaint on an individual basis. He then indicated that the fines for
animals at large are typically on an escalating scale, to a maximum of $500 fine and/or six
months in jail.
The Staff Attorney stated that one significant change in the proposed kennel license
provisions is the requirement that the number of animals to be included under the license must
e be identified, and it includes both dogs and cats. He noted that at the present time, the license
is simply issued for three or more dogs, with no limit set.
Due to the late hour of the meeting, Mayor Stueck postponed further discussion and
action on this agenda item until after the public hearings have been completed.
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Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Reauest for permission to conduct 7th Annual Bozeman Jaycee's Taa Day -
Muscular Dystrophy Association - Saturday. August 30.9:00 a.m. to
4:00 p.m. - corner of Durston Road and North 7th Avenue
Reauest for permission
to conduct "Care
for All-Run. Walk. Crawl"
. fundraiser for Gallatin Community Clinic - Saturday. September 20.
9:00 to 10:30 a.m. - beginnina and ending at Lindley Park
Commission Resolution No. 3195 - levying and assessing tree maintenance
district for FY98; setting public hearing for Auaust 18. 1997
COMMISSION RESOLUTION NO. 3195
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1998 UPON All REAL PROPERTY IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND
EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN
THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID
DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Approve budget for City-County Health Department for Fiscal Year 1997-
1998. as submitted by the Department
Authorize writina off of stale-dated warrants. per list attached to memo from
Assistant Finance Director Biekert dated July 29. in the total amount
. of $87.88
Authorize writing off of stale~dated checks. per list attached to memo from
Assistant Finance Director Biekert dated July 29. in the total amount
of $25.02
Authorize Mayor
to sign - Findinas
of Fact and Order ~
University
Condominiums Subdivision - subdivide 3.496 acres known as Tract A.
COS No. 573. Section 13. T2S. R5E. MPM into 34 condominium lots
(1800 block of West Kaay Boulevard)
Authorize City Manager to sign - Gallatin County Fire Protection Mutual Aid
Aareement--1997
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, 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 Youngman, Commissioner Rudberg, Commissioner
I Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Recess - 5:57 p.m.
Mayor Stueck declared a recess at 5:57 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
08-04-97
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Reconvene - 7:00 D.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing ~ Commission Resolution No. 3193 - levving and assessing street maintenance
e district for FY98
This was the time and place set for the public hearing on Commission Resolution No.
3193, as approved by City Attorney Luwe, and entitled:
COMMISSION NO. 3193
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR
FISCAL YEAR 1998 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND
EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT
IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID
DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Stueck opened the public hearing.
Under this resolution, the assessment rate for Fiscal Year 1997-1998 for the street
maintenance district is set at $0.00645 per square foot, which represents a 35-percent
I increase over the assessment rate of $0.00478 per square foot for last fiscal year.
No one was present to speak in support of or in opposition to the proposed
assessment.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission finally adopt Commission Resolution No. 3193, levying and assessing the street
maintenance district assessments for Fiscal Year 1997-1998. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
e Public hearina - COA with deviation from Section 18.65.070.A.1.. Bozeman Municipal Code.
to allow 38-sauare-foot freestandina sian, which exceeds the maximum size allowed bv 6
square feet, on Tract 12, Durston Subdivision - Bozeman Furniture. 517 North 7th Avenue
(Z~9794)
This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviation from Section 18.65.070.A.1., Bozeman Municipal Code, as
requested by Bozeman Furniture, under Application No. Z-9794, to allow a 38-square~foot
08-04-97
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freestanding sign, which exceeds the maximum size allowed by six square feet, on Tract 12,
Durston Subdivision. The subject property is more commonly located
at 517 North 7th
Avenue.
Mayor Stueck opened the public hearing.
Project Planner Christopher Williams presented the staff report. He stated that under
e this application, the existing 138-square-foot sign is to be removed and replaced with a 38-
square-foot freestanding sign with 152 square feet of landscaping around its base. He stated
that this change in signage is in conjunction with a change in the name of business from Serv*
Ur-Self Furniture to Bozeman Furniture.
The Project Planner stated that the Design Review Board considered this application
at its July 8 meeting. Following review of the application and
the staff report, the Board
concurred in staff's recommendation for approval, subject to two conditions.
No one was present to speak in support of or in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
I Commission approve the Certificate of Appropriateness with deviation from Section
18.65.070.A.1., Bozeman Municipal Code, as requested by Bozeman Furniture, under
Application No. Z-9794, to allow a 30 square foot freestanding sign, which exceeds the
maximum size allowed by six square feet, on Tract 12, Durston Subdivision, subject to the
following conditions:
1 . That the applicant obtain the applicable building and sign permits prior
to installation of the sign; and
2. That the applicant install 152 square feet of landscaping as depicted.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
- Public hearing - COA with deviation from Section 18.20.050. Bozeman Municipal Code. to
allow addition to existina house on Tract 2. Block 6. Riaas Tract. Beall's Third Addition. to
encroach 8 feet into reauired 25-foot front yard setback - Robert Douahertv for Peter R.
Belschwender. 516 North Grand Avenue (Z-9792)
This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviation from Section 18.20.050, Bozeman Municipal Code, requested
08-04-97
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by Robert Dougherty for Peter R. Belschwender under Application No. Z-9792, to allow an
addition to an existing house on Tract 2, Block 6, Riggs Tract, Beall's Third Addition, to
encroach 8 feet into the required 25-foot front yard setback. The property is more commonly
located at 516 North Grand Avenue.
. Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that under
this
application, a second story is to be constructed on an existing residence which encroaches
approximately 7 feet 4 inches into the required 25-foot front yard setback. He noted that this
essentially doubles the square footage of the existing home, to approximately 1,624 square
feet. In conjunction with this application, three new decks are to be constructed as well as a
second-story porch off the master bedroom. He noted that new improvements are proposed
to the single-car garage which exists on this subject property.
The Senior Planner stated that staff has reviewed this application in accordance with
the three criteria set forth in the zone code, and the comprehensive findings are contained in
the written staff report, which has been previously distributed to the Commission. He briefly
I highlighted those findings, noting that staff has found it is generally compatible with the
surrounding area. He then stated that the staff has forwarded a recommendation for approval,
subject to four conditions. He noted that, as of this meeting, no public testimony has been
received regarding this application.
The Senior Planner noted that during the agenda meeting, a couple of questions were
raised. He noted one of those concerns pertained to the lack of a defined entryway off the
street. He stated that, while it is difficult to get the sense of entryway from the elevations as
presented, the proposed second story addition creates a porch for the entry. He also suggested
that the sense of entry still remains, particularly with the sidewalk leading to it. He then noted
that concern was raised about the second story porch and the potential impact it may have on
the privacy of the adjacent property owner. He stated that the proposed porch does not
_ encroach into any setbacks and is 14 Y, feet from the adjoining property. He further noted that
a gravel driveway is located along that side of the adjoining property, and he does not believe
the porch will create any negative impacts on that property.
Mr. Robert Dougherty, architect representing the applicant, stated the applicant agrees
with the conditions as recommended by staff, noting that a metal roof with a finish color which
08-04-97
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is compatible with the surrounding area will be installed instead of the corrugated metal roofing
which was originally proposed.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.20.050,
e Bozeman Municipal Code. requested by Robert Dougherty for Peter R. Belschwender under
Application No. 2-9792, to allow an addition to an existing house on Tract 2, Block 6, Riggs
Tract, Beall's Third Addition, to encroach 8 feet into the required 25-foot front yard setback,
subject to the following conditions:
1. That the applicant confirms on the exterior elevations the architectural
details that contribute to the overall character of the property (i.e.
decorative gable end roof truss, diagonal knee-brace porch supports,
gable end shingle siding and horizontal motif band) for review and
approval by the Planning Office prior to issuance of a certificate of
appropriateness and building permit;
2. That the applicant match the 6-inch horizontal siding "exposure" of
the existing residence and that it be noted accordingly on the exterior
elevations for review and approval by the Planning Office prior to
issuance of a certificate of appropriateness and building permit;
. 3. That the applicant replace the delta rib corrugated metal roof and
recycled corrugated galvanized roofing with asphalt shingles, or that
both metal roofs consist of a "finished" color compatible with the
surrounding asphalt roofs in the immediate area; and
4. That the applicant obtain a building permit within one (1) year of
receiving a certificate of appropriateness prior to proceeding with
construction of the project.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
Public hearina - COA with deviation from Section 18.18.050. Bozeman Municipal Code. to
allow addition to existing dwellina unit on Lot 2. Guv's Second Addition to encroach 9 feet into
reauired 20-foot rear yard setback - Jane McGrorv. 129 East Alderson Street. Buildina 3. Unit A
(Z-97105)
- This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as
requested by Jane McGrory under Application No. 2-97105, to allow an addition to an existing
dwelling unit on Lot 2, Guy's Second Addition, to encroach nine feet into the required twenty-
08-04-97
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foot rear yard setback. The subject property is more commonly located at 129 East Alderson
Street, Building 3, Unit A.
Mayor Stueck opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that under this
application, a 10-foot by 10-foot 2 %-inch enclosed screen porch addition is proposed on one
e of the units in the Alderson Place Condominium project, which was constructed approximately
a year ago. He noted that the porch is to be constructed over the existing concrete patio and
is to include materials and color similar to those in the existing condominium.
The Senior Planner stated that staff has reviewed this application in light of the three
criteria set forth in the zone code, and the staff's comprehensive findings are contained in the
written staff report, which has been included in the Commissioners' packets. He noted that,
while the subject property is located within the neighborhood conservation overlay district, this
condominium development is a new development and, therefore, staff does not believe it can
be considered for deviation.
The Senior Planner stated that letters of support for this application have been received
I from Clair Daines, developer of the condomini urn project; Nick Zelver and Aida Murga, 1 31-8
East Alderson Street; and Ken and Mary Bryson, 716 South Black Avenue.
Senior Planner Skelton reminded the Commission that variances, which are subject to
review in accordance with three very stringent criteria established in the Montana Code
Annotated, and deviations for properties in the neighborhood conservation overlay district are
the two mechanisms under which exceptions to the regulatory standards of the zone code may
be obtained. He reminded the Commission that a majority of the properties within the
neighborhood conservation overlay districts were developed prior to adoption of the existing
zone code and subdivision regulations and, therefore, do not comply with those regulations.
He noted that the deviation process was created to encourage the restoration and rehabilitation
of those properties which have a sense of historic significance. He noted that new
e construction is encouraged in the neighborhood conservation overlay districts, and is further
encouraged to enhance and contribute to the character of the area.
The Senior Planner then provided a brief background on the Alderson Condominiums
project, reminding the Commission that this six duplex condominium development was the
subject of public hearings before both the City-County
Planning Board and the City
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Commission. He noted tl1at during the process, major concerns were raised by the
neighborhood with regard to yard setbacks, particularly since it was determined that the line
abutting the adjacent properties was determined to be a rear lot line. He noted that the project
was approved with what was determined to be adequate buffering and open space between
e the different land uses and densities, and the application represents an encroachment into that
carefully designed open space.
The Senior Planner reminded the Commission that the setbacks contained in the zone
code are designed as the minimums to be provided; however, he noted that many people
consider them the maximum setbacks to be provided as they develop projects. He cautioned
that approval of this request could result in the owners of many of the other units seeking
similar deviations, thus compounding impacts on surrounding properties. He then forwarded
staff's findings that, based on the information available, staff cannot support this requested
deviation.
The Senior Planner noted that some questions were raised at last week's agenda
meeting regarding this item. He noted that one of those questions pertained to whether an
. enclosed patio or covered porch is considered a part of the structure. He stated that, looking
at the information submitted, both the Planning Staff and the Building Inspection Division
concluded that it must be considered an addition, particularly in light of the fact that it has
partial walls and a roof over it. He stressed that if this proposed addition had been included
in the original proposal, it would have required a variance that staff would have been unable
to support. He once again stressed that the open space around the edge of the
units was
designed to mitigate impacts on the adjoining property owners, and this proposed addition
encroaches into that space.
Mr. Keith Swenson, representing the applicant, stated that letters of support for this
project have been forwarded by the developer of the Alderson Place Condominiums, residents
in one of the condominiums and an adjacent property owner. He then reviewed his history with
~ the regulatory process in Bozeman, which began in approximately 1988, as well as the history
of the design review process. He noted that people/s concerns about
the older and historic
neighborhoods in the community resulted in the creation of the historic overlay district and the
neighborhood conservation overlay district, under which deviations could be sought to promote
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the sensitive rehabilitation of existing structures, which typically do not meet current zoning
standards.
Mr. Swenson then read selected segments from Chapter 18.42 of the Bozeman
Municipal Code, with "emphasis on the other side of the statement". He began an excerpt
from Section 18.42.01 O.C., which he stated encourages new construction with an emphasis
e on design which enhances and contributes to the aesthetic character and function of the
property and surrounding area. He further noted that contemporary design is encouraged,
provided it is in keeping with the area, in recognition of the dynamic, changing community. He
then quoted an excerpt from Section 18.42.010.0., noting that this section recognizes that
existing development within the conservation overlay district is often highly diverse and
frequently not in compliance with conventional regulatory requirements. He stated that this
section further provides for the protection and enhancement of the many diverse features
within the area for future generations.
Mr. Swenson then quoted from Section 18.42.030, noting that development within
the neighborhood conservation overlay district is to be reviewed in light of maintaining
I underlying and desirable characteristics of structures and areas within the district, "recognizing
the need for innovation and individual expression in the development of these districts". He
noted that this section then lists the powers and duties of the various review agencies as
applications within the neighborhood conservation overlay district are processed.
Mr. Swenson next cited from Section 18.42.080, which sets forth the three review
criteria under which deviations are to be considered. He stated that in this instance, none of
the abutting property owners have any problems with the proposed addition. He reminded the
Commissioners that they have considered requests for encroachments into front, side and rear
yards on a regular basis, and they typically have no problem with granting those requests. He
then stated that approval of this application would not erode the public health, safety and
welfare.
- Mr. Keith Swenson stated there would be nothing wrong with the type of precedent
that might be set by approval of this application. He reminded the Commission that, not very
far from this subject property, Mr. Daines constructed a seven-unit townhouse complex. He
noted that the neighbors were very anxious about this proposal when the plans were first
submitted; however, through the review process and some adjustments to the plans to address
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the concerns that were raised, a very attractive development was constructed adjacent to a
landmark structure on the National Register of Historic Places.
Mr. Swenson concluded his presentation by encouraging Commission approval of this
application, stating he feels that it would be appropriate.
Mr. Ken Bryson, 716 South Black Avenue, stated he and his wife have no problem with
e the requested addition as proposed. He stated that they will not be negatively impacted by the
proposed addition, particularly since it abuts their garden area.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Youngman stated she is concerned about the issues which staff has
raised. She noted that these condominiums were constructed
under a planned unit
development, and the neighbors who spoke in opposition to it were assured that the setbacks
and open space would mitigate their concerns. She characterized the approval of porch
additions at this time as an intensification of a new use in an older area. She stated that, based
on the criteria for considering deviations, she cannot find the grounds upon which to support
I this requested deviation.
Commissioner Rudberg stated her support for the requested deviation, saying she feels
it meets the criteria for deviations, particularly since diversity in an area is encouraged.
She
also stated she is not concerned about any precedent which the approval of this deviation
might set.
Commissioner Stiff stated he has no problem with the requested deviation, particularly
since the addition is a screened porch.
Mayor Stueck stated his support for the requested deviation, largely because he does
not view a screened porch as an addition. He recognized that, because of the roof and
structural supports, a building permit is required, but he does not view it as the same type of
encroachment that would result from a solid addition. He noted that this type of porch may
_ not be acceptable in the front yard, but in the rear yard setback of a newly-constructed
condominium project, he feels it is acceptable. He further noted that, given the number of bugs
in this area, the screened porch will actually enhance the quality of life for this homeowner.
Commissioner Frost characterized this as "a tight site", and preserving the open space
on the site has been an important part of making it an acceptable development in this older part
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of the community. He then forwarded his concern about allowing encroachments into the 20-
foot-wide rear yard setback because of the problems they could create for emergency access.
On that basis, he noted that he does not feel the requested deviation is appropriate.
It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the
Commission deny the Certificate of Appropriateness with deviation from Section 18.18.050
e of the Bozeman Municipal Code, as requested by Jane McGrory under Application No.
2-97105, to allow an addition to an existing dwelling unit on Lot 2, Guy's Second Addition,
to encroach nine feet into the required twenty-foot rear yard setback. The motion failed by the
following Aye and No vote:
those voting Aye being Commissioner Youngman and
Commissioner Frost; those voting No being Commissioner Stiff, Commissioner Rudberg and
Mayor Stueck.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.18.050
of the Bozeman Municipal Code, as requested by Jane McGrory under Application No.
2-97105, to allow an addition to an existing dwelling unit on Lot 2, Guy's Second Addition,
I to encroach nine feet into the required twenty-foot rear yard setback. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Youngman, Commissioner Frost and Mayor Stueck; those voting No, none.
Public hearina - COA with deviation from Section 18.24.050, Bozeman Municipal Code, to
allow second-story addition for the second dwelling unit to encroach 3 feet into reauired 8-foot
side yard setback and 4 Y:z feet into reauired 25-foot front yard setback on Lot 32 and the WY:z
of Lot 33, Block E, Tracv's Second Addition - Fred Darroch for Charlotte and Richard DaSilva,
602 West Lamme Street (Z-9797)
This was the time and place set for the public hearing on a
Certificate of
Appropriateness with deviation from Section 18.24.050 of the Bozeman Municipal Code, as
requested by Fred Darroch for Charlotte and Richard DaSilva, under Application No. Z-9797,
to allow a second-story addition for the second dwelling unit to encroach three feet into the
e required eight-foot side yard setback and four and one-half feet into the required twenty-five-
foot front yard setback on Lot 32 and the West one-half of Lot 33, Block E, Tracy's Second
Addition. The subject property is more commonly known as 602 West Lamme Street.
Mayor Stueck opened the public hearing.
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Senior Planner Dave Skelton presented the staff report.
He noted that the existing
structure contains a living unit in the basement and a living unit and office space on the main
floor. Under this application, a second story is to be added to the house,
which encroaches
into the front and side yard setbacks, to provide additional living space for the main floor
dwelling unit. He then stated that, since the lot upon which this structure is located is only 42
e feet wide, a deviation is also required from Section 18.24.030, which establishes a minimum
lot width of 50 feet.
The Senior Planner stated that the private business office on the main
floor of the
structure is considered a home occupation. He stated that, to retain the designation as a home
occupation, the property owner must reside in this home. If the property owner fails to do so,
then he must seek a conditional use permit to allow an office in a residential zoning district.
Senior Planner Skelton stated that staff has reviewed the requested deviations
in light
of the three criteria set forth in the zone code, and the staff's comprehensive findings are
contained in the written staff report which has been submitted to the Commission. He noted
that a letter of opposition from Namon Nichols, owner of 610 West Lamme Street, has been
I received and distributed to the Commission.
The Senior Planner noted that this property is located in a somewhat "eclectic" area,
with a variety of historically significant structures, numerous non-contributing structures and
a mixture of single-family and multi-family units. He further noted that the North 7th Avenue
commercial area is in close proximity to this site. He stated that the subject property is zoned
"R-4", Residential--High-density, under which offices are allowed as a conditional use.
The Senior Planner stated that the original application included elevations,
a site plan
and floor plan. The architect has since submitted revised drawings,
and only the revised
elevations have been forwarded to the Commissioners.
The Senior Planner stated that, as a result of its review of this application,
staff has
forwarded a recommendation for approval, subject to four conditions.
He briefly reviewed
- those conditions, noting that staff has recommended a 12: 12 roof pitch and the applicants'
architect has included a 10: 12 roof pitch in his revised drawings. He stated that staff feels the
revised drawings meet the intent of the condition and is willing to accept the 10: 12 pitch. He
also noted that the conditions include the requirement that the applicants reside at this site or
seek a conditional use permit for the office.
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The Senior Planner noted that the original plan showed a handicapped ramp on the east
elevation. He stated that in subsequent drawings and discussions, it has been unclear whether
that ramp is to be constructed, but it must be resolved prior to issuance of the building permit.
The Senior Planner stated that some questions were raised during last week's agenda
meeting. He responded to those questions, noting that staff is recommending a gable roof over
e the front door but no enclosed porch. He also noted that a question was raised about parking.
He noted that four parking spaces are located at the rear of the lot, and that is sufficient
parking for the two dwelling units and home occupation that currently exist.
He noted that if
the conditional use permit process is utilized to create an office in the residence, site
improvements and additional parking spaces will be required.
Mrs. Charlotte DaSilva, applicant, stated they have owned the subject property for
sixteen years. She noted that they live in Belgrade at the present time,
but their intent is to
relocate to this house as soon as the second floor addition is completed. She stated that, with
the type of business they have, people rarely come to the office, and no handicapped ramp is
planned. She stated that access to the office will be limited to the front door because the back
. portion of the main floor will be part of their private residence.
Responding to Commissioner Frost, Mrs. DaSilva stated she has no problem with the
proposed gable roof over the front door, noting it is not their intent to construct a front porch
on the house.
Responding to Mayor Stueck, Mrs. DaSilva stated they are willing to accept the
conditions as recommended by staff.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Responding to Commissioner Frost, the Senior Planner stated he does not believe it is
necessary to add another condition to require a gable roof over the front door, since that is the
applicant's intent.
~ Responding to Commissioner Rudberg, Mrs. DaSilva confirmed that they plan to
relocate to Bozeman and reside at this site.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.24.050
of the Bozeman Municipal Code, as requested by Fred Darroch for Charlotte and Richard
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DaSilva, under Application No. Z-9797, to allow a second-story
addition for the second
dwelling unit located on a lot which is 42 feet wide to encroach three feet into the required
eight-foot side yard setback and four and one-half feet into the required twenty-five-foot front
yard setback on Lot 32 and the West one-half of Lot 33, Block E, Tracy's Second Addition,
subject to the following conditions:
e 1. That the applicants confirm on the exterior elevations the architectural
details that contribute to the overall character of the property as
outlined above in the Architectural Review (i.e., two-foot eaves,
returning eaves, 12-in-12 roof pitch, covered entryway, gable wall
shingles) for review and approval prior to issuance of a certificate of
appropriateness and building permit;
2. That the applicants revise the site plan to confirm building setbacks,
location of handicap ramp, covered entryway, etc., for review and
approval by the Planning Office prior to issuance of a certificate of
appropriateness and building permit;
3. That the applicants agree in writing that they will reside in the
residence to allow their private business to remain in the structure as
a home occupation accessory use, or that they apply for a conditional
use permit to allow a professional office in the "R-4" district and that
they obtain approval from the City Commission for the conditional use
permit, prior to obtaining a certificate of appropriateness and a
building permit to proceed with the project; and
I 4. That the applicants obtain a building permit within one (1) year of
receiving a certificate of appropriateness prior to proceeding with
construction of the project.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
Public hearina - COA with deviation from Section 18.50.160, Bozeman Municipal Code, to
allow second-story addition to building which currentlv encroaches into front and corner side
yard setbacks on Lots 11-15, Block 44, Northern Pacific Addition - Patrick Hinz, 701 East Davis
Street (Z-97106)
This was the time and place set for the public hearing
on a Certificate of
Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as
_ requested by Patrick Hinz, under Application No. Z-97106, to allow a second-story addition to
a building which currently encroaches into the front and corner side yard setbacks on Lots 11
through 15, Block 44, Northern Pacific Addition. The subject
property is more commonly
located at 701 East Davis Street.
Mayor Stueck opened the public hearing.
08-04-97
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Senior Planner Dave Skelton presented the staff report on behalf of Associate Planner
Dean Patterson. He stated the subject property is located on the northwest corner of the
intersection of East Davis Street and North Plum Avenue. He noted that under this application,
the southern portion of the existing structure is to be demolished and rebuilt on the same
footprint and a second story is to be added to the entire structure. He stressed that under this
e deviation, the footprint is to remain the same, and it is to remain a single-family residence.
The Senior Planner noted that staff has reviewed this application in light of the three
criteria established in the zone code, and the staff's comprehensive findings are contained in
the written staff report which has been submitted to the Commission. He stated that staff has
forwarded a recommendation for approval of the application, subject to eight conditions to
mitigate the concerns which were identified during review of the application.
The Senior Planner briefly highlighted the findings and conditions, as contained in the
staff report. He noted that concerns were raised over the proposed board and batten siding,
the primary entry to the structure and the possible expansion of the porch. He stated that a
more typical horizontal siding would be in keeping with the historic character of the immediate
. area. He noted that concern has also been raised about the primary access to the home.
particularly since entries are located on both the south and east sides of the house, with the
primary access being on the east side. He stated that the proposed roof over the south
entrance is larger than the roof over the east entrance, and staff has suggested that steps be
taken to make it more obvious which is the primary entrance. He stated that, during review
of the application, staff raised concerns that expansion of the existing porch may be
contemplated, although it is not readily evident in the application. He stated that if an
expansion is desired, an additional deviation will be required.
The Senior Planner stated that a letter of support was received from Don Jackson,
owner of the property immediately to the west of the subject site, and that letter has been
forwarded to the Commission. He then stressed that, under the recommended conditions for
_ approval, the porch may not be expanded beyond its current footprint.
Mr. Patrick Hinz, applicant, indicated a willingness to accept the conditions as
recommended. He also noted a willingness to respond to questions.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
08-04-97
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.50.160
of the Bozeman Municipal Code, as requested by Patrick Hinz, under Application No. Z-971 06,
to allow a second-story addition to a building which currently encroaches into the front and
corner side yard setbacks on Lots 11 through 15, Block 44, Northern Pacific Addition, subject
e to the following conditions:
1. The proposed demolition is approved and may proceed prior to full
building permit issuance.
2. The proposed board and batten siding shall be changed to a more
historic, horizontal, wood or masonite siding. Colors shall be indicated
as required by the zone code.
Other architectural details shall be
proposed to complement the change in siding, and to address
concerns raised in the Staff Report and Historic Preservation Officer's
comments. The final design plans shall be submitted for review and
approved by Administrative Design Review staff prior to full building
permit approval, and shall also include the following:
(a) Show
siding and architectural
detailing on all
elevations,
(b) Show mature vegetation
and accurate required yards
on the site plan,
I (c) Indicate the rehabilitation
work that will be done to
the yard to provide a landscape that
is compatible
with the neighborhood.
3. The primary entrance shall be placed on the street address frontage,
and shall be emphasized as such using architectural details.
4. Only porches that have the same footprint as the existing porches are
approved. If expansion of the porches is proposed, specific approval
for the porches is withheld until a deviation is advertised and noticed.
The final decision on the porch deviation and alterations would then
be granted during a later meeting according to the legal public hearing
procedures.
5. Street frontage concrete and on-site concrete work shall be repaired
or replaced, as deemed necessary by the Engineering Department and
the Planning Office.
6. Parking spaces shall be provided in conformance with the Bozeman
Municipal Code.
e 7. Given that
the provided floor plans
and uses are somewhat
ambiguous, the applicant shall provide accurate floor plans for all
levels of the structure which indicate their use. Uses other than single
family use are not permitted at this time.
8. This project shall be constructed as approved and conditioned in the
Certificate
of Appropriateness application, including subsequent
Administrative Design Review staff review. Any modifications to the
submitted and approved drawings shall invalidate the
project's
approval unless the applicant submits the proposed modifications for
08-04-97
- 35 -
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 Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
e
Public hearina - COA with deviation from Section 18.18.030. Bozeman MuniciDal Code. to
allow construction of second dwelling unit on a single lot which is less than 60 feet wide -
Tract 3. Block 6. Babcock/Davis Addition - Mike Stabile for 514 North Church Avenue (Z-9793)
This was the time and place set for the public hearing on a
Certificate of
Appropriateness with deviation from Section 18.18.030 of the Bozeman Municipal Code, as
requested by Mike Stabile under Application No. Z-9793, to allow the construction of a second
dwelling unit on Tract 3, Block 6, Babcock/Davis Addition, which is a single lot that is less than
60 feet wide. The subject property is more commonly known as 514 North Church Avenue.
Mayor Stueck opened the public hearing.
Senior Planner Skelton presented the staff report on behalf of Assistant Planner Dean
. Patterson. He stated that the subject property is zoned "R-3a", Residential--Two-family,
Medium-density. He stated the proposed structure is to be a split level dwelling unit with
approximately 900 square feet of floor area. He noted it is to be finished
in predominantly
vertical corrugated metal siding, with stucco accents, and a delta rib metal roof. He stated that
the 10-foot-wide alley that is identified as the access to the subject structure, was an issue of
concern raised at the Development Review Committee meetings.
The Senior Planner stated that the subject site currently contains a single-family
residence and a dilapidated shed/garage. He stated that no exterior work is planned for either
of those structures in conjunction with this application. He noted that staff is concerned that
the proposed exterior finishes for the new structure do not appear to be compatible with the
materials on the existing structures or the surrounding area.
- Senior Planner Skelton noted that the subject property is in close proximity to M-1,
Light Manufacturing, zoning, and that creates a very diverse neighborhood. He recognized that,
while the metal siding proposed for the second dwelling unit on this site would be similar to
those structures, it is discordant with the other residences in the area.
He then stated that
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staff has registered concern about the fact that no upgrading of the existing structures on the
site has been proposed in conjunction with this application.
The Senior Planner stated that staff has reviewed this application in light of the three
criteria established in the zone code, and the staff's comprehensive findings are contained in
the written staff report, which was submitted to the Commission. He summarized the staff's
e findings, noting that, with restoration work on the existing housing and shed/garage and
changing of the exterior materials on the new structure, the proposed second structure on the
site could be acceptable. He noted, however, that concerns about the access to that new
structure via the 1 O-foot-wide alley remains a concern, particularly in the winter when the alley
is inaccessible because of its proximity to the bus barn. He then forwarded staff's
recommended conditions for approval of this application.
The Senior Planner stated that the Design Review Board reviewed this application at
its July 8 meeting. Following review of the application and the staff report and after
considering the three criteria, the Board forwarded its recommendation for approval, subject
to two conditions.
. The Senior Planner stated that a significant amount of opposition to this application has
been forwarded. He noted that the opposition includes a petition signed by twelve of the
fourteen property owners in the immediate area, and several letters have been received as well.
Mr. Robert Dougherty, architect representing the applicant, recognized that there has
been a significant amount of controversy surrounding this application. He noted that the
subject property is zoned for two dwelling units, and the applicant is working to fully develop
the lot in a manner that is in keeping with the area.
Mr. Dougherty stated there are many issues in the "Statement of Dissent" that has
been signed and forwarded by area residents to which he wishes to respond. He noted that
a review of the list of rentals in the newspaper recently revealed that not very many affordable
houses are available in the city. He then stated another concern is that building houses in back
_ yards is not consistent with the neighborhood. He showed the Commission a map of three
blocks of North Church Avenue, noting that the entire area is, indeed, less developed than its
potential.
Mr. Dougherty noted that the applicant has painted the existing house on the site in
a three-color scheme, and he has straightened up the garage/shed significantly. He stated the
08-04-97
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applicant is committed to making sure that the site is better maintained than it has been in the
past. He noted that the applicant has indicated that he intends to plow the alley to ensure
access to the new structure, stating that the owner of the bus barn has indicated he will not
assist in maintaining the alley.
Mr. Dougherty reminded the Commission that the Planning staff, the Development
e Review Committee and the Design Review Board have all forwarded recommendations for
approval of this application. He stated that he has tried to work with the neighbors in
developing the plans for the second unit, and the applicant has attempted to clean up and fix
up the existing structures on the site. He recognized that it is difficult for people to lose their
privacy. He noted, however, there are ways to mitigate that issue, and the applicant is willing
to take reasonable steps to ensure the loss of privacy is minimal for everyone concerned.
Mr. Verne House, 510 North Church Avenue, distributed a letter of opposition to the
Commission, dated August 4. He stated the proposed second dwelling on the subject site is
next to his back yard. He expressed concern that approval of this application could result in
a reduction in the value of his home. He noted that if this application is approved, there could
. be up to seven renters on the subject property, three in the existing house and four in the new
house, and that would have a negative impact on the entire neighborhood.
Mr. House characterized Mr. Stabile's proposal as being unpopular in the neighborhood,
and forwarded the names of 21 people in the immediate neighborhood who are opposed to the
requested deviation. He stated their reasons include loss of privacy, inconsistency with the
historic district, increased density, noise, ice in the alley, inconsistency between the existing
structure and the new structure, inconsistency with existing owner-occupied homes in the area,
inconsistency with restrictions on neighboring lots, and congested parking on North Church
Avenue.
Mr. House stated that zoning should promote compatibility among land uses and
prevent one landowner from profiting at another's expense. He characterized the proposal
_ before the Commission as "overfill" rather than "infill", noting that it will be detrimental to the
area.
Mr. House noted that he and his family are the most affected by this proposal.
He
noted that, at the present time, they have a private, quiet back yard, and they wish to retain
08-04-97
- 38 -
it. He stressed that, if the proposed two-story house is approved, that privacy will be lost. He
further noted that the noise and additional traffic will be a detriment to the area.
Ms. Roberta Sailer, 419 North Church Avenue, stated she grew up at that address and
has returned to it after a few years out of the community. She noted that the residents in the
e area sought a downzoning because of their concern about the potential for increased
development, including apartment buildings. She expressed concern that the aging
infrastructure does not have the capability to serve any higher density than currently exists.
She recognized that, given the size of some of the lots along North Church Avenue, additional
structures could be constructed. She questioned how this would impact the infrastructure as
well as those who live in the area.
Ms. Sailer stated that North Church Avenue has a wonderful history of single.family
homes. She noted that at the present time, the residents include a mix of younger families
with small children and older people who have lived there for many years.
Ms. Sailer characterized the subject site as very confined, noting that it is surrounded
on two sides by bus barns. She also noted that the bus barns create a significant impact on
. the area, and she is concerned about further impacting the area with increased traffic and
nOise.
Mr. Dave Henley, 424 North Church Avenue, stated he has lived at this address for
eight years. He noted that the subject property has always been in disarray, and only in the
past two months has it been painted or the lawn mowed. He forwarded his strong concern
about how well maintained this site will be, particularly if another rental unit is constructed on
the site.
Ms. Cheri Ladd, 509 North Church Avenue, stated she has submitted a letter of
opposition, dated August 1. She read excerpts from that letter, forwarding her concerns about
the proposed alley access to the new house. She stated that the alley is inaccessible during
much of the winter and spring. She recognized that the property owner has offered to assume
~ responsibility for ensuring that they alley remains open; however, she noted that the ice buiid-
up on the 10-foot-wide alley will still make it inaccessible as well as the deep ruts that occur
during the spring thaw. She further noted that, even if the alley is plowed in the winter, there
is no place to windrow the snow.
08-04-97
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- 39 -
Ms. Ladd noted that the existing house has been repainted. She stated, however, that
it appears to have been painted in a hurry, without scraping the old paint off or using any
primer. She also characterized the color scheme of beige with black and green trim as being
unappealing. She further noted there appears to be a philosophical difference between the
owner of 514 North Church Avenue and the neighbors. She noted the applicant's architect has
e indicated that the proposed new house would increase the property values, but people living
in the area want to retain the existing quality of the neighborhood and feel it would actually
have a detrimental effect. She concluded by noting that "quality of life is what it's all about".
Mr. David Peters, 517 North Church Avenue, stated he lives across the street from the
subject property. He noted that a large bus barn is located adjacent to the subject lot and that
barn is, in fact, very close to the property line. He stated that last winter, he pulled several
people out of the alley because they got stuck. He cautioned that the ice and snow make
keeping the alley clear a virtual impossibility. He also noted that the concrete block wall across
the alley from the subject property will make access from the alley almost impossible. He
expressed concern that, because of the difficult to impossible access from the alley to the new
. dwelling unit, on-street parking will be the preferred alternative, and that will only compound
the problems.
Mr. Walter Knighton, 501 North Church Avenue, characterized the neighborhood as
"very passive" and stated he would like to keep it that way.
Mr. Paul House, 510 North Church Avenue, stated that, despite Mr. Dougherty's
assurance that the applicant has tried to work with the neighbors to create an acceptable
proposal, his family has not been approached about it. He noted, in fact, that he had not seen
Mr. Stabile on his rental property until just a few weeks ago and, at that time, he went to the
subject site and visited with Mr. Stabile about his proposal for nearly an hour. He stated that
he also approached Mr. Dougherty about the proposal, and discussed it with him for about an
hour.
e Mr. House stated that a review of recent newspapers revealed there were over 100
rentals available in the past two or three weeks. He noted that people tend to rent whatever
is in their price range, being less concerned about whether it is an apartment or a house. He
stated that, in light of the availability of housing, he does not believe the City should approve
a project for which there is no neighborhood support.
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Mr. House urged the City Commission to protect the privacy and solitude of the back
yards in the area. He further urged the Commission to consider the strong neighborhood
opposition, noting that all of the residents in the immediate area are opposed. He noted that
the area has a mixture of uses, with the "M-1 II zoning adjacent to the subject property. He
stated that, while the activity from the bus barns may be distracting in some ways, the barns
. actually help to provide some of the privacy which the residents enjoy.
Mr. House stated that in his conversation with Mr. Stabile, he raised the issue of the
alley and its poor condition in the wintertime. He urged the Commission to recognize the
difficulty of keeping the alley open, particularly with the ice and water running off the bus barn
roof.
Mr. House noted that another unique fact about this site is that Mr. Stabile does not
live on the subject property. He stated that does not preclude Mr. Stabile from visiting the site
or maintaining it. He noted another option would be for the renters to maintain that site at an
acceptable level, however, to date, that has not occurred. He concluded by encouraging the
Commission to deny this application.
I Mr. Mike Stabile, 316 South Black Avenue, stated he feels his integrity is being
challenged. He forwarded his opinion that his renters have a right to privacy, therefore, he
feels it is inappropriate for him to just drop by the property. He stated that he owned this
property with a partner for five years. That partnership was recently dissolved, and he now
owns the property by himself. He noted that his partner was not interested in caring for the
site, and now he has the opportunity to improve it. He stated that the subject lot is almost 200
feet deep and contains almost 10,000 square feet. He stated that this provides adequate
space for a second dwelling unit on the site, which he also believes will enhance the
appearance and maintenance. He noted that he hired Mr. Dougherty to design the second
structure because he is recognized as one of the better designers in the area. He stressed that
this application is strictly coincidental with his painting the existing house. He also noted that
. he power washed and scraped the house before painting it, estimating that he has spent 30
hours in doing so. He further noted that the paint he has used is a good quality paint. He
noted, in fact, that it is the same color and paint scheme he used on his personal house, for
which he has received many compliments.
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Mr. Stabile noted that noise seems to be one of the key issues in the opposition to this
application. He stated that he cannot take away the noise that currently
exists in the
neighborhood, much of which is generated by the adjacent bus barns.
Mr. Stabile addressed the potential number of renters that may be located at this site,
stating he anticipates that the existing unit would probably be occupied by a couple, with
e possibly a couple and one more person in the new unit. He indicated that access to the new
dwelling unit from the alley is feasible. He does recognize
the winter problems to which the
neighbors have made reference, however, he feels that the alley can be adequately maintained.
He then encouraged the Commissioners to recognize that the zoning allows for a second
dwelling unit on the site; the lot width is the factor that triggered this review.
Mr. Dick Tippets, 425 North Wallace Avenue, stated that he lives in the first residence
across the alley from the subject property. He noted that his wife has lived in this house for
several years, and they really enjoy their back yard and the atmosphere. He stated that most
of his concerns about this project have already been raised. He noted that he is also concerned
about the aesthetic value of this residential area. He
also raised the issue of emergency
. services, questioning how a fire truck or an ambulance might access the second dweiiing unit,
particularly in the winter. He characterized the turning radius from the alley into the subject
parcel as impractical, given the width of the alley and the block wall along the east side of it.
He also questioned where the snow would be stored if the alley is plowed in the winter, since
the alley is narrow and the snow cannot be pushed into the street.
Mr. Tippets stated that he is the Charter Manager for Karst Stage and is representing
the owner at this meeting. He noted that their drivers have been
instructed to keep any
disruption from the buses to a minimum, and pledged that he will take steps to improve any
situation that it is brought to his attention. He
then stated he is impressed by the number of
people who have written or spoken in opposition to this proposed second dwelling unit and the
total lack of support for it. He encouraged the Commissioners to carefully
consider public
e comment as they make their decision.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
Commissioner Rudberg recognized that the subject property is zoned "R-3a" and that
a second dwelling unit is allowed under that zoning. She
stated, however, that she is very
concerned about the proposed access from the alley, noting that turning into the property from
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the alley could be extremely difficult. She noted that she is also concerned about emergency
vehicles gaining access to the site.
Commissioner Rudberg recognized the importance of providing affordable housing,
however, she feels that housing must also be easily accessible.
She then indicated that,
because of many of the concerns which have been raised, she cannot support this application.
e Commissioner Frost stated he has visited the site several times and looked at the alley.
He noted the alley is his biggest concern and, on that basis, he cannot support the application.
Mayor Stueck stated he is also concerned about using the alley as the access to this
new dwelling unit. He indicated that he is also attentive to the neighborhood opposition to this
application. He recognized that the Commission has, in fact, supported similar applications in
other areas of the community, but it has been with the support of the adjacent neighbors. He
also expressed concern that there is no resident owner at this location to monitor the activities
in the rental units. He then indicated that if the applicant and the neighbors
are able to
negotiate a proposal, he might be able to give it favorable consideration. He stated, however,
that in this instance, he cannot support the request.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission deny the Certificate of Appropriateness with deviation from Section 18.18.030
of the Bozeman Municipal Code, as requested by Mike Stabile under Application No. Z-9793,
to allow the construction of a second dwelling unit on Tract 3, Block 6, Babcock/Davis
Addition, which is a single lot that is less than 60 feet wide. The
motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Public hearing - Zone MaD Amendment. Gene Cook - "R-4" to "R-O" - Lot 18. Amended
Subdivision 1-1-A. and Lot 2. Boylan's Addition No.1. located in the SW~. Section 13. T2S.
R5E. MPM (southwest corner of intersection of South 11 th Avenue and Kagv Boulevard)
(2-9774)
e This was the time and place set for the public hearing on a Zone Map Amendment, as
requested by Gene Cook, under Application No. Z-9774, to change the zoning designation from
"R-4", Residential--High-density to "R-O", Residential--Office, on Lot 18, Amended Subdivision
1-1-A, and Lot 2, Boylan's Addition No.1, located in the Southwest Quarter of Section 13,
Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more
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commonly located in the southwest corner of the intersection of South 11 th Avenue and Kagy
Boulevard.
Mayor Stueck opened the public hearing.
Assistant Planner Jody Olsen presented the staff report. She noted that the "R-4" and
"R-O" zoning districts allow many of the same types of uses, with a difference in the emphasis
tit between principle and conditional uses. She stated that the three lots included in this proposed
rezoning are vacant and contain a total of 14.59 acres. She noted that staff has reviewed this
application in light of the twelve criteria set forth in the zone code, and the comprehensive
findings are contained in the written staff report, which was previously distributed to the
Commission. She stated that the City-County Planning Board conducted its public hearing on
this requested rezoning at its July 15 meeting and, following that public hearing and review of
the twelve criteria, concurred in staff's recommendation for approval.
Mr. Dan Kamp, architect representing the applicant, characterized the requested zone
change as being very subtle noting that, in essence, it results in a "flip flop" of the permitted
and conditional uses. He stated that under the change, offices will become the principle use,
. with residences being conditional uses. He noted that, particularly with the Kagy Boulevard
frontage, offices seem to be more practical than residential development on these subject lots.
He stated that development under the proposed rezoning will have less impact on the City's
infrastructure than if it were developed under the existing high-density residential zoning. He
then encouraged Commission approval of this application.
Responding to Mayor Stueck, Mr. Gene Cook, applicant, stated he intends to provide
the 45-foot-wide right-of-way for one-half of South 11 th Avenue along the east side of his
property.
No one was present to speak in opposition to the requested rezoning.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
_ Commission approve the Zone Map Amendment, as requested by Gene Cook, under Application
No. 2-9774, to change the zoning designation from "R-4", Residential--High-density to "R-O",
Residential--Office, on Lot 18, Amended Subdivision 1-1-A, and Lot 2, Boylan's Addition No.
1, located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East, Montana
Principal Meridian, and authorize and direct staff to bring back an ordinance enacting the zone
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change. The motion carried by the following Aye and No vote: those
voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Stueck; those voting No, none.
Ordinance No. 1445 - fixing the monthly salary and official bond for the City Manaaer, heads
e of deDartments and the employees of the City Commission for Fiscal Year 1998
Included in the Commissioners' packets was a copy of Ordinance No. 1445, as
approved by City Attorney Luwe, and entitled:
ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY lAW.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1445, fixing the monthly salary and official bond
for the City Manager, heads of departments and the employees of the City Commission for
Fiscal Year 1998, and that it be brought back in two weeks for final adoption. The motion
. carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck;
those voting No, none.
Ordinance No. 1446 (continued) - amendina various sections of the animal control ordinance
certaining to licensina, kennel licenses, exotic animals, restraint of animals, nuisance animals
and imooundment of animals
Commissioner Rudberg suggested that, due to the late hour of the meeting, and in light
of the many questions she has about the proposed ordinance, action on this ordinance be
delayed. She also suggested that the Commission discuss this ordinance at an upcoming work
session, before it takes public input or schedules a public hearing on it.
Commissioner Youngman suggested that the Commission establish the schedule for
e further consideration of the ordinance.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission schedule discussion of the ordinance during the work session on September 8 and
scheduled a public hearing for 7:00 p.m. on September 15. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
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Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No,
none.
Consideration of Enhancement Steering Committee's recommendations for application for
Community Transportation Enhancement Proaram (CTEP) funds
e Mayor Stueck noted that this issue was discussed at last week's work session. He
stated that at that time, it appeared the Commissioners agreed with the Committee's
recommendation for the Main Street lighting project and the pedestrian path along West
Babcock Street, and the only question seemed to revolve around his proposal to include monies
for signage along bicycle routes.
Commissioner Frost stated he feels it is important for any signage along a bicycle route
to include traffic control signs at the intersections, to ensure the safety of the bicyclists.
Commissioner Rudberg stated that the proposal for the bicycle routes contains several
elements which she cannot support, including speed bumps and traffic circles.
Commissioner Youngman stated that a safe bicycle route cannot be created without
controlled intersections or some type of traffic calming devices.
. Commissioner Rudberg indicated that she can support the installation of a bicycle path
along West Babcock Street with these funds. She noted, however, that sidewalks are a part
of the SID which is to be created for improvements to West Babcock Street and she does not
believe they should be installed with these monies.
Commissioner Youngman suggested that the Commission select two projects at this
time, with an alternative in the event the West Babcock Street right-of-way is not acquired in
time to make that a viable project under this program.
Following a brief discussion, the Commissioners concurred with forwarding applications
for the Main Street lighting project, a bicycle path along West Babcock Street, in the amount
of $85,000 and signage for bicycle routes in the amount of $15,000.
_ It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission identify the East Main Street lighting project, in the amount of $60,000, the
bicycle path along West Babcock Street, in the amount of $85,000, and signage for bicycle
routes, in the amount of $15,000, as the top priority projects, and direct staff to prepare the
appropriate applications for Community Transportation Enhancement Program (CTEPI funds.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
Discussion - FYI Items
e City Manager Johnson presented to the Commission the following
"For Your
Information" items.
(1 ) Revised calendar for the budget process, as prepared by the Clerk
of the
Commission.
(2) Letter from Mary Gray, 1817 South Willson, dated July 15, forwarding her
concern about annexation.
(3) Letter from Christopher, Mary Ellen and Eliza Spogis, 613 North Tracy Avenue,
dated July 28, expressing concern about North Tracy Avenue becoming a north/south
thoroughfare.
(4) Letter from Janice R. Benham, 1421 Ash Drive, dated July 30, asking about
. the necessity of a leash law for dogs in Burke Park and on Peets' Hill.
(5) Letter from Richard L. Hurley, 1612 West Olive Street, dated July 30,
regarding the new garbage plan.
(6) Letter of resignation from the Tree Advisory Board, dated July 11, as submitted
by Ken Baker.
(7) Notice of meeting of the Headwaters Cooperative Recycling Project, to be
held
at 1 :00 p.m. on July 24 in the Gallatin County Courthouse, along with minutes of the meeting
held on July 9.
(8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, August 5, at the Gallatin County Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00
_ a.m. on Tuesday, August 5, in the Commission Room.
(10) Agenda for the City-County Planning Board meeting to be held at
7:00 p.m.
on Tuesday, August 5, in the Commission Room.
(11 ) The City Manager submitted his weekly report, as follows. (1) Stated
that this
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past week has been very busy. (2) Stated that networking of the computers
in City Hall is
moving forward, noting that he now has internal E-mail capabilities.
Adiournment - 10:03 c.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 Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
{Q ~/3~.4
DON E. STUECK, Mayor
ATTEST:
(It ;I~
ROBIN l. SULLIVAN
Clerk of the Commission
.
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