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HomeMy WebLinkAbout1996-01-08 Minutes, City Commission ---------- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 8, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 8, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, Staff Attorney/ProsecutorWordal and Clerk ofthe 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 Mayor Stueck noted that action on minutes was taken during the special meeting held earlier today. . Ordinance No. 1415 - deannexation of 800 block of South 4th Avenue (between West Colleae Street and West Harrison Street) from the MSU Residential Parkina District Previously included in the Commissioners' packets was a copy of Ordinance No. 1415, as approved by the City Attorney, entitled: ORDINANCE NO. 1415 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO REDUCE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. City Manager Wysocki reminded the Commissioners that they had conducted the public . hearing on this ordinance and provisionally adopted it at the December 18, 1995 Commission meeting and recommended that it be finally adopted at this time. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1415, deannexing the 800 block of South 4th Avenue from the MSU Residential Parking District. The motion carried by the following Aye and No 01-08-96 - ----------------------------- ------ - 2 - vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Ordinance No. 1417 - vacating portion of north/south alley Iving between West Harrison Street and West Cleveland Street. immediately north of the east/west allev. and between South 5th . Avenue and South 6th Avenue Included in the Commissioners' packets was a copy of Ordinance No. 1417, as approved by the City Attorney, entitled: ORDINANCE NO. 1417 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THAT PORTION OF NORTH/ SOUTH ALLEY RIGHT~OF-WAY LYING ADJACENT TO LOTS 5 AND 6, BLOCK 14, AND LOTS 19 AND 20, BLOCK 14, CAPITOL HILL ADDITION IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1417, vacating a portion of the north/south alley lying between West Harrison Street and West Cleveland Street and between South 5th Avenue and South 6th Avenue, 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. Discussion - City participation in stream reclamation proiect in East Gallatin River adjacent to Wastewater Treatment Plant City Manager Wysocki reminded the Commission that at last week's agenda meeting, Director of Public Service Forbes provided a detailed review of this item. He cautioned that failure to divert the river back into its old channel could result in future problems for the caretaker's home as well as other properties to the north and west of the Wastewater Treatment Plant. He stated that this project is to be undertaken as a cooperative effort . involving the City, Riverside Country Club, and property owners in the immediate area. He then forwarded his recommendation that the Commission authorize the City's participation in one- third to one-half of the costs, up to a maximum of $15,000. He indicated that if the costs are to exceed that level, this item will be brought back before the Commission. 01-08-96 - - ------------ - 3 - Responding to Commissioner Stiff, the City Manager stated that there appear to be no federal monies available to assist in the costs of this reclamation project. Mr. Walt Martel, representing the Riverside Country Club, stated that Morrison-Maierle is currently preparing the final plans and estimates for the project; and the necessary permits . have been obtained. He stated that they hope to have this project bid quickly so that the work can be done while the water level is low and the ground is frozen so that the heavy equipment can be moved in and out of the site with minimal damage. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize City participation in the stream reclamation project in the East Gallatin River adjacent to the Wastewater Treatment Plant in a proportion not to exceed one-half of the costs, and in an amount not to exceed $15,000. 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. Selection of Mayor Pro TemDore . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that Commissioner Stiff be appointed as Mayor Pro Tempore for Calendar Years 1996 and 1997. 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. Commissioner aDDointments - liaison to ad hoc cable television franchisina committee. liaison to Board of ADDeals. Audit Committee. liaison to Band Board. liaison to Beautification Advisory Board. liaison to Bozeman Area Bicycle Advisory Board. liaison to Cemetery Board. liaison to CDBG Economic DeveloDment Loan Review Committee. liaison to Community Affordable Housing Committee. City-County Board of Health. liaison to Desian Review Board. liaison to Historic Preservation Advisory Commission. Interaaency Breakfast. liaison to Library Board of Trustees. liaison to Parkina Commission. liaison to Pedestrian/Traffic Safety Committee. liaison to City-County Planning Board. liaison to Recreation and Parks Advisory Board. RFP Review Committee. liaison to Senior Center Advisory Board. liaison to Tax Increment Financina . Industrial District (TIFID) Board. TransDortation Coordinatina Committee. liaison to Tree Advisory Board. Victim Witness Proiect Team City Manager Wysocki stated he received a telephone call today from Ms. Gloria Edwards, Coordinator for the Victim/Witness Program, requesting that a Commissioner be appointed as liaison to the Victim Witness Project Team. He suggested that the appointment 01-08-96 -,,- - 4 - could be made at this time if the Commission so chooses, noting that Commissioner Rudberg has talked to Gloria Edwards about the program. Commissioner Rudberg confirmed her interest in the program; Commissioner Youngman stated her willingness to serve as alternate. . It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commissioner and Commissioner liaison appointments be made to the various boards, as follows: Meeting/ Board Commissioner/Liaison contact ad hoc cable TV Youngman/Frost member Board of Adjustment Stueck contact Board of Appeals Stueck contact A udit Committee Stueck/Stiff members Band Board Rudberg/Wysocki contact Beautification Advisory Board Frost/Youngman meetings Bicycle A dvisory Board Frost contact Cemetery Board Stiff meetings CDBG Economic Dev Loan Review Rudberg contact Community A ffordable Housing Youngman contact City~County Board of Health Stiff (Stueck, alternate) member Design Revie w Board Rudberg contact Historic Preservation Frost contact Interagency Breakfast Stueck (Rudberg, alternate) member . Library Board of Trustees Youngman meetings Parking Commission Frost meetings Pedestrian/Traffic Safety Stueck contact City-County Planning Board Frost/Rudberg meetings Recreation and Parks Advisory Stueck (Frost, alternate) meetings RFP Review Committee Rudberg member Senior Center Advisory Board Stiff (Youngman, alternate) meetings TIFID Board Frost contact Transportation Coordinating Committee Stueck (Rudberg, alternate) members Tree A dvisory Board Frost (Youngman, alternate) contact Victim/Witness Project Team Rudberg (Youngman, alternate) member 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. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Historic Preservation Advisory Commission, as submitted by Diane Beverage. 01-08-96 ---- - 5 - (2) Notice of a meeting of the Headwaters Cooperative Recycling Project, scheduled for 10:00 a.m. on January 10, at the Jefferson County Courthouse. The City Manager reminded the Commission that this is for a three or four County recycling project. . Responding to Commissioner Rudberg, he noted that this is different from the composting program, using sludge and solid waste, that has also been discussed. (3) Memo from Planning Director Epple, dated January 5, regarding his discussion with Mr. Bob Lashaway about the increase in street impact fees for the University. (4) Copy of a memo from Mr. Clancy Mullen, dated January 5, forwarding the consultant's rationale for the proposed increase in street impact fees for the University. (5) Copy of revised figures for typical impact fees for a sampling of commercial developments, as well as a building on campus and a single-family residence. (6) Copy of a letter from Engineering Assistant Andy Kerr to affected property owners, dated January 3, 1996, informing them that the "bus stop" zone has been extended at additional 25 feet south of West Babcock Street on South 4th Avenue. . (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 9, in the Commission Room. (8) Agenda for the Design Review Baord meeting to be held at 3:30 p.m. on Tuesday, January 9, in the Commission Room. (9) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, January 17, in the Community Room at the Bozeman Public Library. The City Manager noted that representatives of the Montana Department of Transportation are interested in meeting with the Mayor or a Commission representative at 1 :30 p.m. that day if possible. (10) The City Manager distributed copies of a memo from Detective Sergaent Bill Dove, dated January 5, regarding a procedural change in handling of forgeries, effective . February 1, 1996. He stated that the change in policy is in response to an increase from 65 reported forgeries in 1990 to 284 forgeries in 1995. Under the new policy, the business community will be required to follow certain steps, including the checking of a picture identification, or the Police Department will not accept the forgery report. 01-08-96 -. ...,...,......- - 6 - (11 ) The City Manager submitted his weekly report, as follows. (1) Announced the Interagency Breakfast is scheduled for 7:00 a.m. on Wednesday at Bridger Bar-B-Q. (2) Stated that, until February 9/ the Post Office is seeking proposals for locations for construction of a new post office facility which can be easily accessed with large vehicles. The Post Office . representatives have indicated that the downtown location will remain as a full-service post office; and the contract stations at Van's IGA and the Mall will also be retained. (3) Attended the MMIA Board meeting in Helena on Friday. (4) Participated in the interviewing of candidates for the 9-1 ~ 1 Communications Center Director last week. He noted that an offer is to be extended within the next day or two. (5) Stated that the City's substance abuse policy is near completion; and the City is now a participant in the state-wide random testing program. (12) Responding to Commissioner Rudberg, the Clerk indicated that she will be advertising for the Historic Preservation Advisory Commission and the Cemetery Board, along with other board openings. Further responding to Commissioner Rudberg, the Commission determined that the Bicycle Advisory Board members should be asked if they are interested in becoming a part of . the Recreation and Parks Advisory Board and its subcommittees, particularly since they deal with streets. Commissioner Youngman reminded the Commission of her suggestion that two student positions be added to the Recreation and Parks Advisory Board, since so many of the recreational activities are targeted toward the community's youth. ( 13) Commissioner Stiff stated that he attended the Senior Center Board meeting last week. He noted that the seniors are working hard to raise the $80/000 match for the adult day care center grant and, in fact, have raised over $11/000 and obtained a $25,000 pledge. He also noted that the Meals on Wheels program continues to average over 100 meals per day. (14) Commissioner Youngman distributed copies of a notice for a Neighborhood Meeting on Traffic Issue, inviting Commissioners to attend a meeting of residents along North . 20th, 21 st, 22nd and 23rd Avenues at the Emily Dickinson School on Thursday, January 25. She stated that she has received several telephone calls from residents in that area about the barricade on North 20th Avenue and the cul-de-sac at West Beall Street; and she has suggested that they meet and develop a proposal to forward to the Commission. 01-08-96 ---- - 7 - Commissioner Youngman noted that she plans to attend the meeting, and suggested that Commissioner Stiff and Commissioner Rudberg may also be interested in attending since they live in that general area. Following a caution from the City Manager about having more than two Commissioners . at a meeting, Commissioner Stiff stated that he will not attend the meeting, so that problems are avoided. Mayqr Stueck noted that this issue will become an agenda item some time in February, at which time all of the Commissioners can become involved in the discussion. Commissioner Frost asked about the possibility of increasing the speed limit on North 19th Avenue between Durston Road and West Babcock Street to 35 miles per hour, noting that only this short stretch of the roadway has a speed limit of 25 miles per hour. He suggested that the increased speed limit could encourage traffic to use the North 19th Avenue corridor instead of North 20th Avenue and the other neighborhood streets. City Manager Wysocki reminded the Commission that speed limits may be adjusted only after a traffic study has been conducted; and no such study has been requested or conducted . to date. Commissioner Youngman noted that Director of Public Service Phill Forbes has stated his intent to attend the neighborhood meeting, and respond to questions. She then indicated that the invitation to Commissioners was for attendance only, not for participation in the discussion. Commissioner Rudberg stated that she will not attend the neighborhood meeting, since the issue will be coming before the Commission as a whole for discussion and consideration. (15) Commissioner Rudberg stated that she has talked to Mr. Rick Coffman, Publisher of the Bozeman Daily Chronicle, about the possibility of creating a City/County page on which all information pertaining to City of Bozeman and Gallatin County could be located rather than having it scattered throughout the newspaper. She then requested permission to work with . a County Commissioner and Mr. Coffman to pursue this possibility; the'Commission concurred. ( 16) Staff Attorney/Prosecutor Susan Wordal stated that she has information on the Victim Witness Project Team which she is willing to share with Commissioner Rudberg and Commissioner Youngman, if they so desire. ( 17) Mayor Stueck submitted the following. (1) Stated that he has requested an 01-08-96 -. -...-- - 8 - abbreviated orientation session be placed on next week's work session agenda. (2) Asked that a reminder be added to the letter notifying the various boards of their Commissioner Liaison appointments that the Commission wishes to receive copies of the minutes/notes of their meetings. (3) Stated that at the Recreation and Parks Advisory Board meeting last week, Chris . Boyd presented new potential trail connectors for the Sourdough Ridge Trail, which will require the acquisition of easements. (4) Noted that, while he was in general agreement with the article about him in Sunday's paper, he was somewhat surprised at some of the comments about people not being kept informed of volunteer efforts. (5) Encouraged the Commissioners to review the Rules of Procedure, adopted by the Commission in 1989, prior to next week's work session. (18) Commissioner Youngman stated she is preparing a list of items upon which she will ask the City Attorney to provide a brief refresher in conjunction with the orientation session. She noted that those include reminders about the public hearings and decision-making processes for land use items versus other types of hearings and decisions, and a review of the various types of processes and decisions, such as annexation, zoning, subdivisions, planned . unit developments, design objectives for entryway overlay corridors, deviations and variances. She also asked for an update on the protocol on communicating with staff. Responding to Commissioner Stiff, Mayor Stueck stated he feels it would also be appropriate to talk about future work session agenda items during next week's work session. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Acknowledae receiPt of application for vacation of portion of West Babcock Street riaht-of-way Iyina east of realianed intersection of West Babcock/West Main/South 23rd Avenue intersection adiacent to and north of Lot 1. Block 3. Kirk's Fourth Subdivision. as reauested by W. Bruce Mecklenbura. et al.; refer to staff Acknowledge receiPt of reauest for annexation - Cecil M. Horan. 3.16 . acres located at 2605 West Villard Street (A-9505); refer to staff Proclamation - "Healthy Bones Day" . January 15. 1996 Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate 01-08-96 __.__ __. ... .__...__n. _._ _ ...___._... --- - 9 - persons to complete the necessary actions. 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. . Recess ~ 3:57 p.m. Mayor Stueck declared a recess at 3:57 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene ~ 7:00 p.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Continued public hearina - COA with deviations from Section 18.18.050 of the Bozeman Municipal Code. to allow Dorch and livina room additions to encroach 5 feet 6 inches into reauired 25-foot front yard setback and allow porch to encroach 5 feet into reauired 8-foot side yard setback on Block 1. Tract 5. Babcock & Davis Addition - Linda Bell for Ann and Tom Lockie (505 North Church Avenue) (Z-95131) . This was the time and place set for the continued public hearing on the Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by Linda Bell for Ann and Tom Lockie, under Application No. Z-95131, to allow porch and living room additions to encroach 5 feet 6 inches into the required 25-foot front yard setback and to allow the porch addition to encroach 5 feet into the required 8-foot side yard setback on Block 1, Tract 5, Babcock and Davis Addition. The subject site is more commonly located at 505 North Church Avenue. Mayor Stueck reopened the continued public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He reminded the Commission that this application was originally scheduled for public hearing before the Commission in November 1995. Once the applicant's representatives began an in-depth look . at the existing house, it was determined that the foundation was much too old and deteriorated to be repaired. At that point, the applicant's architect revised the plans to provide for a full daylight basement, with an access from the rear; and those items changed the plans substantially enough to require going back through the entire review process. The Historic Preservation Planner reviewed the proposal for modification of the 01-08-96 - 10 - existing historic residence. He stated that under the revised application, a new foundation that creates a daylight basement under the house is proposed; and access to the new basement is to be provided from the rear of the structure. New living room and porch additions are proposed; and those additions will encroach 5 feet 6 inches into the required 25-foot front yard . setback and 5 feet into the required 8-foot side yard setback. Historic Preservation Planner Strahn stated that staff has reviewed the proposed alterations to this historic residential structure and determined that they will enhance the appearance and livability of the residence and will result in a structure which is in general conformance with the historic area. The Planner stated that some concern has been expressed by the adjacent property owner about the close proximity of the proposed porch addition to his driveway; and that concern led to a survey to determine the property lines. The survey revealed that the driveway in question is partially located on the applicant's property, thus making those concerns moot. The Planner indicated that, as the Historic Preservation Officer, his only concern with this proposed project is that relocation of the front entrance could change the appearance of . the streetscape, since the front doors of all other homes in the area face the street. To alleviate those concerns, he proposed that a porch railing be added to define the front entrance. He stated that the Design Review Board discussed this issue at length and concluded that the proposal, as submitted, is appropriate. He then forwarded the ORB's recommendation for approval, subject to the standard boilerplate condition. Mr. Richard Jones, contractor for the project, stated a willingness to respond to questions. Commissioner Frost asked about the applicant's response to the Historic Preservation Officer's recommendation. Mr. Jones stated the applicant has indicated an interest in retaining the doorway as shown on the plans. . Ms. Velma McMeekin, 425 East Cottonwood Street, stated she lives two blocks north of the subject property. She encouraged Commission approval of this request, characterizing it as reasonable and appropriate. City Manager Wysocki entered into the record a letter from Walter B. Knighton, 501 North Church Avenue, dated October 9, forwarding some concerns about the accuracy of the 01-08-96 ..-- .------ ---...-.-...-.---- - 11 - application and stating general support for the application. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting . period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by Linda Bell for Ann and Tom Lockie, under Application No. Z~95131, to allow porch and living room additions to encroach 5 feet 6 inches into the required 25~foot front yard setback and to allow the porch addition to encroach 5 feet into the required 8~foot side yard setback on Block 1, Tract 5, Babcock and Davis Addition, subject to the following condition: 1. That the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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. Continued public hearing - COA with exemption from Chapter 18.65 of the Bozeman Municipal Code. to allow existina freestanding sign to remain on a portion of NE ~. NE ~. Section 12. T2S. R5E. MPM. and Lot 1 and west 15 feet of Lot 2. Rearrangement of Border Tract 13 - Frontier Pies. 302 North 7th Avenue (Z-95143) This was the time and place set for the continued public hearing on the Certificate of Appropriateness with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier Pies, under Application No. Z-95143, to allow the existing freestanding sign to remain on a portion of the northeast one-quarter of the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 . feet of Lot 2, Rearrangement of Border Tract 13. The subject site is more commonly located at 302 North 7th Avenue. Mayor Stueck reopened the continued public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the existing non~conforming freestanding and wall-mounted signage on 01 ~08-96 - 12 - the subject property is to be retained. He noted that Section 18.65 of the zone code contains four criteria under which this type of application is to be reviewed; and those criteria and staff's findings are contained in the written report, which has been submitted to the Commission. The Planner reviewed the special exceptions involved in this application. Those exceptions include: (1) retaining 221 square feet of signage, while 134 square feet are . allowed; 121 retaining 52 square of signage on the West Beall Street frontage, while 42 square feet are allowed; (3) retaining the 64-square-foot freestanding sign, while a 28-square-foot sign is allowed; and (4) retaining the freestanding sign which is potentially located less than 15 feet from the property line. He stated that there is currently some question about the exact location of the property line, as well as a question about the height of the freestanding sign, since the site plan submitted by the applicant does not accurately depict the dimensions. Historic Preservation Planner Strahn reviewed each of the four criteria and the staff findings for each. He stated that the freestanding sign is a handcarved wooden sign and, while it is the only hand carved sign in the chain, it is the standard logo for Frontier Pies Restaurants. He noted that the wall-mounted signage is unique to Bozeman; however, it is mass designed . and mass produced and is the same as the signage used for Frontier Pies Restaurants in other communities. He noted that staff has not been able to identify any specific historical and/or cultural era or any historically or culturally important building or era represented by the signage. He recognized that a handcarved wooden sign is a unique feature in the North 7th Avenue corridor, although he questions the extent to which the freestanding sign is a contributing factor. The Historic Preservation Officer stated that, based on the findings, staff was unable to support the application. He noted, however, that the Design Review Board felt that the signage and building reflect the 1970's, with its frontier nostalgia and use of barn wood. He noted that, following review of the application and discussion, th~ Design Review Board forwarded its recommendation for approval, subject to the conditions that the freestanding sign . be allowed to remain in its present location and lowered to a maximum height of thirteen feet, and that the wall-mounted signs along West Beall Street and North 7th Avenue be removed. Mr. Parker Leach, Vice-President of Frontier Family Restaurants, stated that he submitted the application on behalf of the business and attended the Design Review Board, at which he indicated concurrence with their recommendation. He noted, however, that Mr. Jerry 01-08-96 -------- .. _ ,. -. ---, .-.... -----------.-., ----. .--.--- - 13 - McArthur, President of the company, has since reminded him that the parapets were added during remodeling of the building in 1985 specifically for the purpose of accommodating the wall-mounted signage. He forwarded their position that removing the signage and leaving the parapets would not look right; however, the removal of the parapets would be financially . unrealistic since it would require changing the roof on three sides of the structure. He further noted that the necessary permits were acquired when the signs were installed in 1985; and they were legal at that time. Mr. Leach forwarded his position on each of the four criteria, stating he believes the signage is unique. He noted that the freestanding sign was handcarved for the Bozeman restaurant, which was the first restaurant opened; and its design is the basis for the other restaurants which have since been opened. He aCknowledged that the wall-mounted signage has been mass produced; however, he noted that they have been designed to reflect the same lettering as was used in the handcarved sign. He stated it was their intent to develop a signage system that easily identifies the restaurant chain, thus making it more readily recognized with a minimum amount of distraction to motorists. He also stated that the signage has been . designed to blend with the overall design and appearance of the restaurant. He characterized the overall design and the signage as conservative, stating that it contributes to the area rather than dominating it. Mr. Leach noted that five letters of support from surrounding businesses have been received. He then read those letters, copies of which had been included in the Commissioners' packets, into the record. Mr. Leach concluded by reiterating the company's position that removal of the wall- mounted signage will leave parapets that do not appear to be an integral part of the structure and destroy the architectural integrity of the building. He requested that the Commission approve the signage as it currently exists on the site. Responding to Commissioner Frost, Mr. Leach stated the request is to retain all . existing signage, noting that he did not realize there was a problem with the freestanding sign when the application was filed. Commissioner Frost stated that he has spent a substantial amount of time viewing the building and its parapets, in preparation for this hearing. He noted that the parapets are o 1 ~O8-96 - 14 - similar to those found on other buildings around the community; and he does not believe that removal of the wall~mounted signage would create any visual problems. Responding to Commissioner Youngman, Historic Preservation Planner Strahn compared the parapets which create the frontier look on this building to the many false facades . found on the buildings along Main Street, stating they are characteristic of 19th and 20th century architecture. Further responding to Commissioner Youngman, the Planner estimated that each wall- mounted sign contains 52.5 square feet; therefore, removal of the two signs would decrease the amount of signage on the site by 105 square feet. Responding to Mayor Stueck, the Historic Preservation Planner stated there is some question about the exact height of the existing freestanding sign. He noted that in the original application, the' sign was depicted at 12 feet high; however, the Design Review Board determined its height is 16 feet, and they felt it should not be greater than 13 feet high. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. Commissioner Frost forwarded his position that the freestanding sign is the important sign on the site, and he feels it is unique. He also noted that the sign on the north side of the building serves southbound traffic and should remain; and feels that the signage on the west and south sides of the building can be removed without negatively impacting the appearance of the parapets. He expressed concern that the existing signage is 65 percent greater than allowed under the code, noting that removal of the two identified signs would bring it closer into compliance. Commissioner Youngman stated she supports leaving the freestanding sign at its current height and in its present location. She noted that the sign on the West Beall Street . frontage does not appear to serve any practical purpose; and the wall-mounted sign on the North 7th Avenue frontage is essentially blocked by the freestanding sign. She recognized the benefits of both the freestanding sign and the signage on the north side of the building, noting it is important to retain both of them. 01-08-96 - 15 - Mayor Stueck stated that he does not have any problem with the existing signage on the site. He noted that the hand-carved freestanding sign is attractive, and he feels its height is acceptable. He recognized that the total signage exceeds the maximum allowed under the current code by 65 percent, however, he reiterated his position that it is appropriate. . It was moved by Commissioner Youngman, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with exemption from Chapter 18.65 of the Bozeman Municipal Code, as requested by Frontier Pies, under Application No. Z-95143, to allow the existing freestanding sign to remain on a portion of the northeast one-quarter of the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, and Lot 1 and the west 15 feet of Lot 2, Rearrangement of Border Tract 13, subject to the following conditions: 1. That the wall-mounted signage shall be removed from the North 7th Avenue (west) and West Beall Street (south) elevations; and 2. That the applicant shall apply for and receive all necessary permits and that the work be completed by October 16, 1996, or this Certificate of Appropriateness shall become null and void. 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. Commissioner Frost apologized to everyone in the community who has abided by the current sign code, noting that he is one of the Commissioners who worked diligently to get the sign code in place and enforce it to create a level playing field for businesses. Responding to Commissioner Rudberg, Staff Attorney Wordal stated that holding the decision in abeyance to a date specific would allow the Commission a period of time to review the sign code and potential amendments to it before making its decision on this specific application. She stated that any procedure may be held in abeyance; and doing so essentially stops the process in its tracks. She noted that when the specified date arrives, the . Commission can begin the process where it was stopped. Commissioner Youngman stated she feels this proposed delay is inconsistent with what the Commission has done over the past two years. She also expressed concern about the lack of predictability which this action creates, particularly in an entryway overlay corridor. She stated that no additional information is needed upon which to base a decision; and she 01-08-96 - ---- --- ~ 16 - feels the Commission should proceed with the decision immediately, in a manner consistent with the decision made on recent requests for exemptions to the sign code. She concluded by forwarding her discomfort with "setting policy without setting policy". She also questioned how this action will impact those businesses not in compliance, particularly those who wish . to seek deviations or exemptions. Commissioner Rudberg stated her reason for requesting that the decision be held in abeyance is to allow for discussion of signs on the January 16 agenda and a review of the requests for zone code amendments which are due on February 1. She noted that under the current sign code, the sign in front of City Hall is out of compliance, and questioned if that is really the intent of the code. Commissioner Frost expressed his concerns about the number of illegal, non~ conforming signs in the community, stating he does not feel it would be appropriate to delay enforcement action on those signs. City Manager Wysocki stated he shares Commissioner Frost's concerns. He noted that 200 + legal, non-conforming signs have been identified in the community; and a larger . number of illegal, non-conforming signs also exist. He asked that during the discussion on January 16, the Commission be prepared to address the issue of illegal, non~conforming signs. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the decision on this application be held in abeyance until July 1, 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost and Commissioner Youngman. Public hearina - COA with deviations from Sections 18.50.110.F and 18.50.100.D.5.c of the Bozeman Municipal Code, to allow existing curb cut to remain at property line and allow parking lot screening alona street to be less than 8 feet wide on Lots 11-14, Block A, Alderson's Addition - Nick and Carol Fullerton for 122 South Willson Avenue and 15 West Olive Street (Z-95145) This was the time and place set for the public hearing on the Certificate of . Appropriateness with deviations from Sections 18.50.110.F and 18.50.100.D.5.c of the Bozeman Municipal Code, as requested by Nick and Carol Fullerton, under Application No. Z-95145, to allow the existing curb cut to remain at the property line and to allow parking lot screening along the street to be less than 8 feet wide on Lots 11 through 14, Block A, 01-08-96 .- .----.-.- - 17 - Alderson's Addition. The subject site is more commonly known as 122 South Willson Avenue and 15 West Olive Street. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that under . this application, the parking lots for the two subject properties, located at 122 South Willson Avenue and 15 West Olive Street, are to be reconfigured into a single parking lot with landscape improvements which do not meet code requirements. He noted that under the code, an 8-foot-wide hedge to screen the parking lot from the street is required; and under this application, four 3-foot-wide hedges are proposed. The Associate Planner reviewed the surrounding land uses, which include churches, commercial and some residential uses. He noted that the churches are allowed to use the existing parking lots on Sundays, which is beneficial in this area of the community, where parking is congested. The Associate Planner stated that the applicant wishes to retain the existing curb cut on South Willson Avenue, which is along the property line; and the Director of Public Service . supports that request because it keeps the curb cut as far as possible from the intersection of South Willson Avenue and West Lamme Street. He stated that there are currently two curb cuts on West Lamme Street, providing access to the two individual parking lots; and the applicant is proposing one curb cut for the single, reconfigured parking lot. The applicant is proposing four 3-foot-wide hedges to screen the parking lot, instead of the required 8-foot-wide hedges, because the larger hedges would eliminate some of the valuable parking spaces. He noted that the signage for the West Olive Street address will be in compliance with the sign code; and the sign for the South Willson Avenue address is to be brought into compliance. Associate Planner Patterson stated that the Development Review Committee and the Design Review Board have reviewed this application, in light of the criteria for review of applications for deviations, and have forwarded recommendations for approval subject to . eighteen conditions. He noted that during the DRB meeting, concern was expressed about removing the existing trees along the common property line; however, after discussion, it was determined no alternative could be identified that would meet the parking requirements while saving the trees. 01-08-96 - 18 - Mr. Nick Fullerton, applicant, stated that he recently purchased the building at 15 West Olive Street. He noted that it has been used as an office building in the past; and he proposes to continue that use. In that light, he questioned why he should be required to install infrastructure improvements or provide a financial guarantee prior to occupancy. He . characterized the proposed consolidation of parking lots as an improvement, particularly since one curb cut is to be eliminated. He then requested that Condition No.6 be amended to require a residential approach rather than a commercial approach to the parking lot, noting that he feels a 24-foot-wide curb cut is adequate and is preferable to a 35-foot-wide commercial curb cut. Mr. Fullerton asked the Commission to support the proposed 3-foot-wide hedges for screening of the parking lot. He noted that the hedges are to be strategically located to minimize the visibility of the parking lots; and requiring 8-foot-wide hedges would result in the loss of three parking spaces. He then stated that the sign for 15 West Olive Street will meet the sign code. He noted that the sign for the South Willson Avenue address is slightly larger than allowed under the code; and it is approximately one foot closer to the property line than . it should be. He indicated that under this application, that sign is to be modified to bring it into compliance with the code, with the surrounding plantings to be trimmed and cleaned out; however, he noted an interest in retaining the existing sign if at all possible. Responding to Mayor Stueck, the Associate Planner stated that the existing sign contains 35 square feet, rather than the 28 square feet allowed. Commissioners Stiff and Frost requested a clarification on the existing sign. Responding to Commissioner Frost, Associate Planner Patterson stated that Condition No.3, pertaining to on-site improvements, is the standard condition. Commissioner Frost noted that the typical wording for installation of improvements or a financial guarantee includes a time frame for installation of the improvements and a specific period for the financial guarantee. . Mr. Fullerton forwarded his position that the uses in neither building are changing; and he is undertaking only minimal upgrades in the building at 15 West Olive Street and changing the configuration of the parking lot. Senior Planner Dave Skelton recognized that no expansion of the building and no exterior alterations are being proposed; however, he stated that a financial guarantee is still 01-08-96 -..- ..-.- -. - - 19 - needed for the parking lot improvements; and the condition should require that the improvements be installed within nine months and the financial guarantee should be for one year. Responding to the City Manager, the Associate Planner stated that 35 feet is the . maximum width of a commercial curb cut, and suggested that the difference between a commercial curb cut and a residential curb cut might include construction standards. Responding to Mayor Stueck, Associate Planner Patterson stated that the Commission may not consider a deviation to allow the existing sign at 122 South Willson Avenue to remain at this time because it has not been advertised as a part of this public hearing process. The City Manager suggested that, if the Commission wishes, it may direct staff to work with the applicant to develop a financial guarantee for the parking lot improvements that is acceptable to both parties, and to work with the applicant on a signage package for the site at 122 South Willson Avenue that minimizes impacts to the existing sign. The Commission concurred in that suggestion. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviations from Section 18.50.11 O.F and 18.50.1 00.D.5.c of the Bozeman Municipal Code, as requested by Nick and Carol Fullerton, under Application No. Z-95145, to allow the existing curb cut to remain at the property line and to allow parking lot screening along the street to be less than 8 feet wide on Lots 11 through 14, Block A, Alderson's Addition, subject to the following conditions: 1 . That the final site plan shall be adequately dimensioned; 2. That a Stormwater Drainage/Treatment Grading Plan and . Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants must be provided to, and approved by, the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. 01-08-96 - 20 - A stormwater easement must be established on. the adjacent property and filed with the County Clerk and Recorder's Office for the retention/detentio n pond and discharge course if located off the subject property; 3. That all public improvements, including curb and gutter, sidewalks and storm drainage i nfrastructu re improvements, shall be financially guaranteed or constructed prior to occupancy. No . building permits will be issued prior to completion and acceptance of the public infrastructure improvements; 4. That sewer and water services shall be shown on the final site plan and approved by the Water and Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. There are two existing valve boxes on the site which are no longer live. The City Water and Sewer Department shall be contacted to arrange for the proper removal and abandonment of these valves; 5. That the location of existing water and sewer mains as well as nearby fire hydrants shall be properly depicted on the final site plan; 6. That the drive approaches shall be constructed in accordance with the City's standard residential approach, Le., concrete apron, sidewalk section and drop curb, and shown as such on the final site plan. A City standard pedestrian ramp shall be installed on the site at the intersection of South Willson Avenue and West Olive Street. A City Curb Cut and Sidewalk Permit shall be . obtained prior to final site plan approval; 7. That all defective sidewalk shall be removed and replaced. New City standard sidewalk shall be installed and properly depicted at the standard location, i.e., one foot off property line, along both street frontages. Note that the boulevard width may vary. Any deviation to the standard alignment or location must be approved by the City Engineer; 8. That typical curb details for raised and/or drop curbs and typical asphalt paving section detail shall be provided and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan; 9. That City standard "No Parking" signs shall be placed at the alley to the east of the building. The number and format of the signs shall be coordinated with the City Sign Department; 10. That the required number of off-street parking spaces shall be provided by the applicant in accordance with Section 18.50.120.B.(3) of the zone code unless a variance or deviation . is granted by the governing body; 11. That the configuration of the off-street parking shall comply with . the requirements of Section 18.50.120 of the zone code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing; 12. That all existing utility and other easements must be shown on the final site plan; 01-08-96 ____,,___u,.. --- . --..-- - 21 ~ 13. That adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder); 14. That drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle; . 15. That a boulevard planting detail shall be provided and must comply with the Engineering Department standards. Root barrier material should be used. No plantings shall be allowed in the typical sidewalk location; 16. That hedges and other landscaping shall be located outside the traffic sight triangles as specified in the Bozeman zone code. Sight triangles shall be shown on the final site plan for access drives and the street intersection; 17. That all signs on the subject property shall be in compliance with the Bozeman sign code; and 18. That a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. 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 Table 18.65.050.C. of the Bozeman Municipal Code. to allow Dole sign to exceed maximum allowable area and heiaht at minimum setback on Lots 5 and 6. Wheat Commercial Subdivision - Mustana. Inc.. for Super 8 Motel. 800 Wheat Drive (Z-95148) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Table 18.65.050.C of the Bozeman Municipal Code, as requested by Mustang, Inc., for Super 8 Motel, under Application No. Z-95148, to allow a pole sign to exceed the maximum allowable area and height at minimum setback on Lots 5 and 6, Wheat Commercial Subdivision. The subject site is more commonly located at 800 Wheat Drive. . Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, the existing pole style freestanding sign, which is 8 feet by 24 feet, or 192 square feet, and 32 feet high, is to be replaced with a new pole style freestanding sign, which is 8~ feet-3-inches by 5-feet-6-inches, or 45 square feet, and 18 feet 9 inches high. He noted that 01-08-96 .-..- ---. .. ---------.----- -.-..--. .---- ~ 22 - the other sign on the site is a 4-foot by 16-foot, or 64-square-foot, roof-mounted sign at the peak of the structure. The Planner circulated pictures of the site and the proposed type of signage, noting that no reader board is proposed. He stated that under this application, a 25-percent deviation . is being sought. to exceed the maximum allowable area of 36 square feet by g square feet and to exceed the maximum height of 16 feet at minimum setback by 2 feet 9 inches. The Senior Planner stated that under this proposal, the applicant is requesting that the roof-mounted sign not be addressed, but that it be allowed to remain. He characterized this as an unusual application, since signage on a lot is generally addressed as a unit rather than individually. He stated, however, in this instance, the applicant is replacing a sign which was destroyed in a wind storm last summer; and the roof-mounted sign is the only sign for the site at the present time. Senior Planner Skelton stated that staff has reviewed this application; and the staff findings are contained in the written staff report, which was previously distributed to the Commission. He reminded the Commission that the subject site is located in both the North . 7th Avenue and the Interstate 90 entryway overlay corridors, noting that those criteria were also taken into consideration in preparation of the report. He noted that, as a result of its review, taking into consideration the overlay districts, staff has recommended approval, subject to six conditions. He reviewed those conditions, which require that the roof-mounted sign either be removed or the applicant apply for a variance, that enhanced landscaping be provided and that street trees be planted along the Wheat Drive frontage. The Senior Planner stated that the Design Review Board reviewed this application at its meeting held on December 12 and concurred with the staff's recommendations. He then forwarded responses to questions raised during last week's agenda meeting. He stated that under the zone code, 270 square feet of signage is allowed; and the total square footage for this site, with the new pole sign and the roof-mounted sign, is 109 square feet. He noted that . those calculations are based on the frontage of the building along Wheat Drive. Ms. Lorry Powers, applicant, stated a willingness to comply with the conditions as recommended by the Design Review Board, noting that she plans to apply for a variance for the roof-mounted sign. 01-08-96 - 23 - Responding to questions from Commissioner Rudberg, the Senior Planner stated that the proposed street trees would be planted within the five-foot-wide public right-of-way behind the curb, along the length of the Wheat Drive street frontage. He stated that this location should provide no security problems for the site or the motel rooms. . Mayor Stueck suggested that the Commission require the applicant to apply for a variance prior to July 1, in light of the Commission's action on the previous agenda item. Mr. Stan Monger, owner of the Motel, questioned why he should be required to apply for a variance in February, in light of the Commission's action on the Frontier Pies application, expressing concern about being treated equitably. Senior Planner Skelton emphasized the importance of remembering that all signage on a site is typically addressed under one application. The City Manager noted that if the applicant files for an application for variance to retain the roof signage by the end of February, the Commission may conduct its public hearing and then hold its decision in abeyance until July 1, if it so chooses. Since there were no Commissioner objections, Mayor Stueck closed the public . hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviation from Table 18.65.050.C of the Bozeman Municipal Code, as requested by Mustang, Inc., for Super 8 Motel, under Application No. 2-95148, to allow a pole sign to exceed the maximum allowable area and height at minimum setback on Lots 5 and 6, Wheat Commercial Subdivision, subject to the following conditions: 1 . That the applicant submit a landscape plan, prepared by a landscape architect or nurseryperson, for review and approval by the Planning Office prior to issuance of a building permit to erect . the sign, which provides 180 square feet of landscape at the base of the pole style freestanding sign that produces a mixture of bushes and low-profile landscape and also demonstrates seasonal color and a variety in types, texture and shape, and a landscape irrigation system for said landscape area; 2. That the applicant install six (6) boulevard trees along Wheat Drive and that they be identified on a landscape plan, prepared by a landscape architect or nurseryperson, for review and approval by 01 ~08-96 --.. --..-.----.. . - 24 - the Planning Office prior to issuance of a building permit to erect the sign; 3. That the applicant submit a revised site plan that shows the specific location of the freestanding sign and proposed landscape in relation to the front yard property line, street right-of-way and existing improvements to the subject property (Le., building, driveway, curbing, existing landscape, etc.) for review and . approval by the Planning Office prior to issuance of a Certificate of Appropriateness or building permit to proceed with the project; 4. That the applicant agree in writing to remove the existing "Super 8 Motel" roof-mounted sign or apply for a variance to the Bozeman sign code by no later than February 29, 1996, to permit the roof sign to remain; 5. That the applicant enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of required landscape improvements prior to issuance of a building permit and that any required improvements shall be financially guaranteed at one hundred fifty percent (150%) of the estimated cost of improvements. Said landscape improvements shall be installed within nine (91 months of approval by the City Commission and the financial guarantee will be effective for a period not less than twelve (12) months. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; and 6. A sign permit and building permit must be obtained prior to . proceeding with the work, and must be obtained within one year of issuance of a Certificate of Appropriateness. Building permits will not be issued until a landscape plan and site plan have been reviewed and approved by the Planning Office. No concrete may be poured until a building permit is obtained. 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 - variances from Section 18.30.050 of the Bozeman Municical Code, to allow 15-foot setbacks alona North 7th Avenue and West Mendenhall Street instead of the reauired 25-foot setbacks on Lots 1.6. Block 1. SDringbrook Addition - Western Finance for 23 North 7th Avenue (C-9515) This was the time and place set for the pUblic hearing on variances from Section 18.30.050 of the Bozeman Municipal Code, as requested by Western Finance, under . Application No. C-9515, to allow for 15-foot setbacks instead of the required 25-foot setbacks along North 7th Avenue and West Mendenhall Street, on Lots 1 through 6, Block 1, Springbrook Addition. The subject property is more commonly located at 23 North 7th Avenue. Mayor Stueck opened the public hearing. 01-08-96 - 25 - Planning Intern Chris Williams presented the staff report. He stated that under this application, the subject property, which is located at the southwest corner of the intersection of West Mendenhall Street and North 7th Avenue, would be converted from the existing vacant gas station/convenience store to a used car lot. He noted that several on-site improvements . are proposed in conjunction with this application, including the closure of two non-conforming curb cuts on the site and installation of a 15-foot landscaped buffer along both North 7th Avenue and West Mendenhall Street. The applicant is seeking variances to allow 15-foot-wide setbacks instead of the required 25-foot setbacks to accommodate the proposed use. The Planning Intern stated that the existing 1 ,355-square-foot building is located in the center of the lot; and re-use of the lot is difficult because of the building location and the setback requirements. Planning Intern Williams stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and listed in the zone code. He briefly highlighted those criteria and the staff's findings, which are contained in the written staff report submitted to the Commission. He forwarded staff's finding that the requested . variances would not be contrary to the public interest. He noted, rather, that adequate light, air and open space would still be provided; emergency access would still be available to the subject site and adjacent sites; and the variances would allow for re-use of an existing site that will probably remain vacant if they are not approved. He noted that no natural physical constraints have been identified, since the lot is nearly square and essentially flat with no streams running through it. H e noted, however, that the built environment, with the building located essentially in the center of the lot, does create a hardship when attempting to re-use the lot and meet the zone code requirements. He then stated that staff feels that the spirit of the zone code would be observed under this application. He concluded by stating that staff supports the requested variances, subject to the requirement that a minor site plan application be filed and that a building permit be acquired within six months. . The Planning Intern reminded the Commission that the concurring vote of four members is required for approval of a variance. Mr. Robert Gilbert, Locati Architects, stated that the applicant purchased the property and later found that he cannot meet the zone code requirements without the requested variances. He noted that approval of these requested variances will result in re-use of the lot, 01-08~96 . .---.. -....... - 26 - with attendant site improvements. He stated that those improvements include a 15-foot-wide landscape strip along the street frontages, a bike rack, changes in the on-site lighting, handicappe9 parking spaces and handicapped access, and elimination of the two curb cuts closest to the intersection. He noted it is in the best interests of the public to convert this . vacant, unattractive site into a viable, more attractive site. He concluded by urging Commission approval of this application. Responding to Mayor Stueck, Mr. Gilbert stated there is currently a retaining wall along the edge of the property, adjacent to the alley; and that wall is to remain as it is. Mayor Stueck forwarded his support for removing the two curb cuts closest to the intersection. Responding to Commissioner Youngman, the Planning Intern stated that with the condition that the applicant submit a minor site plan, issues such as ensuring that the lighting is in compliance with the zone code can be addressed. Commissioner Frost stated that, in the past, the Commission has been repeatedly cautioned that under Criteria B, only conditions unique to the property may be considered and . economic issues may not be considered. Planning Intern Williams responded that is accurate. He noted, however, that the existing characteristics of the site may be taken into consideration; and that may include the built environment as well as the physical features. Commissioner Frost stated that, while he feels the application is a good one, he is extremely concerned about setting an undesirable precedent. Senior Planner Skelton concurred with the Planning Intern's assessment, noting that, given the existing built environment, it does not appear any application for re-use of the site could comply with the zone code requirements. He recognized that the Commission must consider each of the three criteria and find that the application meets those criteria before it can approve this application. . Further responding to Commissioner Frost, Staff Attorney Wordal stated that if the Commission determines that the application meets each of the three criteria based on physical constraints and the built environment, without using economic hardship as a basis, she feels that the decision is legally defensible. No one was present to speak in opposition to the requested variances. 01-08-96 -.... - -. . .__..._.m -.--..... - -- - - - 27 - Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one~week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the variances from Section 18.30.050 of the Bozeman Municipal Code, as requested by Western Finance, under Application No. C-9515, to allow for 15-foot setbacks instead of the required 25-foot setbacks along North 7th Avenue and West Mendenhall Street, on Lots 1 through 6, Block 1, Springbrook Addition, subject to the following condition: 1. That approval of a minor site plan that includes the proposals submitted with the variance be approved prior to applying for a building permit for the project. A building permit must be obtained within six months from the date of approval of these variances, or the variances shall be automatically cancelled and become null and void. 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. Adjournment - 9:05 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the meeting be adjourned. 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. ~/4>r [' ~~ D N E. STUECK, Mayor . ATTEST: ~.i~ Clerk of the Commission 01-08-96