HomeMy WebLinkAbout1994-10-17 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 17, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, October 17, 1994, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stueck, Commissioner Frost, City Manager Wysocki,
City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in
compliance with Section 7-3-4322(2), M.C.A.
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 Vincent deferred action on the minutes of the regular meetings of August 29,
. September 6, September 12, September 19, September 26, October 3 and October 10 to a
later date.
Fourth auarter budaet review for Fiscal Year 1993-1994; budget amendments
Included in the Commissioners' packets was a memo from Administrative Services
Director Gamradt, dated October 12, 1994, forwarding the results of the fourth quarter budget
review and listing budget amendments which are needed to finalize the closing of books for
Fiscal Year 1993-1994.
Administrative Service Director Gamradt characterized this budget amendment process
as typical. He noted that the appropriation ordinance, which is adopted in August or
September of each year, sets the spending limits which cannot be exceeded during the year;
. however, unanticipated expenditures arise during the year. He noted that these must be
accommodated through budget amendments, which are done after the mid-year, third quarter
and fourth quarter budget reviews. The fourth quarter budget review and attendant
amendments are prepared following the field work for the audit, to ensure that all of the needed
amendments are included.
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The Administrative Services Director noted that one of the amendments
is for
expenditure of CDBG monies for the West Babcock Street project. He noted that since neither
the revenues from this grant nor the expenditures were anticipated when the appropriation
ordinance was adopted last year; therefore, both must be incorporated into the budget through
the amendment process.
. The Administrative Services Director noted that the listing of amendments and the
explanations for each are contained in his memo dated October 12.
He highlighted a couple
of comments in the summary on the last page of the memo. He stated
that General Fund
revenues exceeded expenditures by 3 percent this year, which he characterized as fairly close.
He then stated that the working capital in the Water Fund increased by approximately
$585,000 in Fiscal Year 1994, $167,000 of which was due to the sale of land in the
Sourdough Creek drainage to the US Forest Service. In the Waste Water Fund, working capital
decreased by $111,000, due primarily to the expenditures incurred for the Bozeman Solvent
Site. He noted that, because expenditures for the Bozeman Solvent Site
will be continuing
through the upcoming fiscal year, an increase in rates is anticipated.
He indicated that the
. $700,000 increase in working capital in the Solid Waste Fund is due in large part to the fact
that Waste Management has been using the City's landfill rather than the landfill at Logan. The
Administrative Services Director cautioned that the City must comply with the financial
assurance for closure requirements of landfill under the Sub-Title D regulations, so these monies
will be quickly set aside to meet that requirement.
Responding to City Manager Wysocki, Administrative Services Director
Gamradt
stated that if CI-66 or CI-67 passes, it could be difficult for the City to cover the costs which
it is incurring. He noted that if CI-66 passes, a vote of the people would be required to allow
for any increases in fees, including building permit fees, library fees and rates paid for water
and waste water services. If CI-67 is approved, the affirmative
vote of four of the
Commissioners will be required to pass any increases in fees or rates. He then cautioned that
. the sidewalk construction program and the use of special improvement districts may also not
be available after November 8/ depending on the outcome of the vote on the two initiatives.
City Manager Wysocki stated it appears there may be room under CI-66
and CI-67
to utilize the revenues from new valuations related to new construction and annexations.
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Responding to Commissioner Frost, City Attorney Luwe stated that if CI-66
and CI-67
are approved and the City cannot pay its portion of the costs for the
Bozeman Solvent Site, it
will be in litigation. He then cautioned that if the City does not meet
its unfunded mandates,
it could face losing federal funding or penalties from the EPA for failure
to comply.
Responding to comments from Commissioner Stueck, City Attorney Luwe stated
that
. the language in the initiatives themselves will create litigation. He also noted that bond counsel
has indicated that litigation will be necessary before they can support
the sale of bonds.
Responding to Commissioner Youngman, Administrative Services Director
Gamradt
stated that if revenue sources are frozen, the problems will compound
and place the City in a
bad position in a hurry, particularly given the growth mode which the
community is currently
encountering.
The City Manager noted that conversations at the recent Montana League
of Cities
and Towns conference reflected that those communities in growth modes
will be penalized
under the initiatives while those who are not in growth mode will be
more easily able to
maintain their services.
. Mayor Vincent reminded the Commission that if either of the initiatives passes, the
Legislature and the Governor could easily enact legislation which would
help to address the
problems encountered without substantially changing the spirit of the
initiative. He noted,
however, that in the meantime, the initiatives will produce a feeling
of uncertainty.
It was moved by Commissioner Youngman, seconded by Commissioner Stueck,
that
the Commission acknowledge receipt of the fourth quarter budget review
for Fiscal Year 1993-
1994, and authorize and direct the Mayor to sign the budget amendments.
The motion carried
by the following Aye and No vote: those voting Aye being Commissioner
Youngman,
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting
No, none.
Discussion - tODics for work session with City-County Plannina Board
and Desian Review Board
. Included in the Commissioners' packets was a memo from Commissioner Youngman
submitting some possible topics for discussion.
Responding to Commissioner Youngman, Planning Director Epple stated that
the
members of the Design Review Board and the City-County Planning Board
did not have any
specific topics to offer for discussion in addition to those identified
by the Commissioners.
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Mayor Vincent asked the Commission to narrow the number of topics to
be discussed,
so that people can be more prepared to discuss them.
Commissioner Frost suggested that the discussion should be used to address
the issue
of communication rather than any specific topic. He stated that at the moment, his frustration
. comes from the lack of communication between the Commission and its advisory boards. He
then suggested that addressing the questions "what is working best" and "what needs
improving" at this meeting is the first step.
Mayor Vincent stated his concurrence, suggesting that the questions "what
is
working", "what isn't working", and "what needs to be improved" be the ones forwarded for
discussion at the meeting of City Commissioners with members of the DRB and Planning Board.
Commissioner Frost suggested the possibility of having the various board
members
write down comments through the week, possibly for distribution in the Commissioners'
packets so they can be reviewed over the weekend.
Planning Director Epple cautioned the Commission that its advisory board
members
are volunteers who already have substantial demands on their time.
He then concurred that
. meetings between the Commissioners and the advisory board members could be beneficial in
opening the lines of communication.
Commissioner Stueck agreed that communication is an important issue.
He then
suggested that through setting of regular meetings with the various boards, the lines of
communication could be opened.
Commissioner Youngman noted it is important that the various criteria
and issues are
highlighted quickly during advisory board meetings, so that the Commissioners know they have
been reviewed.
Commissioner Frost noted that during board meetings, someone will
ma ke a
statement, then somebody else will often make another statement; and the first statement is
lost. He suggested that if someone were made responsible for following
up on those
. comments, then a resolution would be reached rather than leaving them dangle.
Responding to suggestions from Planning Director Epple, the City Manager
cautioned
that care must be taken to not discuss any projects which are involved in litigation.
He then
suggested that the Commissioners forward any written comments or topics for discussion to
the Clerk of the Commission by 5:00 p.m. on Thursday.
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Planning Director Epple suggested that the Commissioners consider having a
Commissioner attend the various advisory board meetings, possibly rotating on a quarterly
basis. He then reminded the Commission that the City-County Planning Board is comprised of
both City appointees and County appointees, and that the County has a different set of issues
. to be considered and addressed than the City does.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
( 1 ) The City Manager stated he received a request from Lowell Springer,
architect, for permission to begin construction on a project before the required easements have
been executed.
City Attorney Luwe stated that changes to the quit claim deeds and easements have
not yet been made. He stated that until the executed documents have been received, the City
cannot issue the building permit. He then indicated that as soon as all of the corrections are
. made and the executed documents are received, the permit can be issued; and that will,
hopefully, occur this week.
(2) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated
October 13, 1994, forwarding information he gathered regarding inclusionary zoning as a result
of discussions with staff members in Bellevue, Washington.
Mayor Vincent stated that this was done at his request.
(3) Petition from residents near the intersection of North 5th Avenue and
West
Lamme Street, dated September 28, 1994, regarding the installation of the stop signs at that
intersection.
The City Manager distributed a copy of the evaluation of that intersection which was
prepared by the engineering consultant, in which the consultant suggests that the stop signs
. be installed on North 5th Avenue.
(4) Announcement of the Bozeman Area Chamber of Commerce Governmental
Affairs Committee meeting to be held at 7:30 a.m. on Wednesday, October 19, 1994, at the
Chamber of Commerce office.
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(5) Agenda
for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, October 18, at the Carnegie Building.
(6) Agenda
for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, October 18, in the Commission Room.
. (7) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, October 20, 1994, in the Commission Room.
(8) Copy
of the membership bulletin from the Montana League of Cities and
Towns, dated October 14, 1994, forwarding information on CI-66 and CI-67.
(9) Agenda
for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, October 18, at the Courthouse.
(10) Letter
from the Downtown Bozeman Association, dated October 14, 1994,
regarding tax increment financing.
(11 )
Letter from the Downtown Improvement Steering Committee (DISC), dated
October 14, 1994, regarding tax increment financing.
The City Manager stated that Assistant City Manager Brey is working on
this issue.
. (12) The City Manager submitted his weekly report, as follows. (1) Stated that
many limbs are down throughout the community because of the recent storm.
(2) Attended
the Chamber of Commerce retreat. He noted that at that meeting, the Governmental
Affairs
Committee agreed to schedule meetings with the City Commission and the
County Commission
a few times a year to discuss issues, possibly quarterly except for the
summer. (3) Announced
that the cut-over to the new telephone system at the Law and Justice
Center is scheduled for
early next Monday morning.
He noted that the Police Department will be moved at that time;
however, City Court operations will not move until early November. (4)
Stated he needs to get
Commissioners involved in discussions with the media regarding th~ bond
issue over the next
few weeks. (5) Announced that replacement of the sewer line at the Bozeman
Solvent Site has
~
begun. He characterized this as a slow process.
. (13) Commissioner
Youngman stated that she was out-of-town at a national
media ethics conference last week.
(14) Commissioner
Frost stated he feels it is important to get information out to
the electorate regarding the initiatives. He expressed concern about
the perceptions that seem
to be prevalent.
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( 15) Commissioner Stueck submitted the following. (1) Attended a meeting
with
the development community on Wednesday. He noted that at
that meeting, Guy Graham
provided a comparison of the cost of lots in Charleston, South Carolina.
He noted that in
Charleston, lots sell for $12,500; and a house can be purchased for $76,000. (2) Announced
that he may be a little late for next week's meeting due to his work load.
. (16) City Attorney Luwe submitted the following. ( 1) Stated that work on the
installation of the replacement sewer line is progressing slowly. He noted that Barry O'Connell,
the City's counsel on this matter, has been on the site every day to ensure that everything is
going properly. He noted that some difficulties have been encountered to date; however, the
project is moving forward. He estimated that the area with the
PCE contamination will be
reached at the end of this week, noting that OSHA requirements must be met in removal of
that contamination. (2) Spent Friday and Saturday judging a speech and debate competition.
( 17) Clerk of the Commission Sullivan submitted the following. (1)
Reviewed the
agenda for next week's meeting. (2) Provided a brief update
on the status of the telephone
system.
. (1B) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of
Commerce, stated there will be a forum at the Elks' Club at noon, at which opponents and
proponents for the initiatives will be speaking.
( 19) Mayor Vincent stated that he asked Neighborhood Coordinator/Grantsperson
Goehrung to contact Bellevue, Washington, in response to the letter from the Southwest
Montana Building Industry Association. He suggested that the building industry in Bellevue has
not been paralyzed with the implementation of impact fees, but that the decrease in building
activity is due to the cyclical pattern of the industry.
(20) The City Manager announced that, beginning on October 26, the City-
County Health Board meetings will be held from 11 :00 a.m. to 1 :30 p.m.; and Mayor Vincent
has indicated he will be unable to attend meetings at that time.
He then indicated his intent
. to ask Commissioner Stiff if he will be able to serve as the Commission representative and ask
for Commission approval of that appointment at next week's meeting.
(21 ) The City Manager distributed informational sheets regarding the
general
obligation bond issue. He noted the buff colored sheet shows the
impacts which the bond
issue would have on taxes; and the green sheet shows the projects which are being completed
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through use of the Valley Unit receivable monies. He then sugge'sted
that a l1ews article or a
guest editorial in the Bozeman Daily Chronicle could be beneficial.
The Commissioners concurred that a guest editorial should be prepared.
Consent Items
. City Manager Wysocki presented to the Commission the following Consent Items.
Deviations from Sections 18.50.050(F) and 18.50.060(C) of the Bozeman
Municioal
Code - to allow new garaae to encroach 10 feet into
reauired
10-foot rear yard setback and 10 feet 2 inches into
reauired
15-foot corner side yard setback - Josech Arcari. 221
South
Tracv Avenue (Z-94125)
Reauest for cermission to conduct Christmas Stroll - Saturdav. December
3. 1994.
2:30 to 6:30 c.m.
Commission Resolution No. 3019 - authorizing and orovidina for issuance
of soecial
warrants in the amount of $85.000 for the 1993 and
1994
sidewalk construction orograms: set ooenina for October
31.
1994
COMMISSION RESOLUTION NO. 3019
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA,
RELATING TO THE
1993 AND 1994 SIDEWALK
. CONSTRUCTION PROGRAM; AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF SPECIAL WARRANTS, IN THE AMOUNT OF $85,000.00,
FOR THE
PURPOSE OF FINANCING
THE ENGINEERING DESIGN,
CONSTRUCTION,
INSTALLATION, INSPECTION AND
ENGINEERING
CERTIFICATION OF SIDEWALKS ALONG PARTICULAR STREETS IN THE
CITY OF BOZEMAN, MONTANA.
Commission Resolution No. 3020 - concurrina in creation of the Gallatin
Water
Qualitv District
COMMISSION RESOLUTION NO. 3020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CONCURRING IN THE CREATION OF THE GALLATIN WATER
QUALITY DISTRICT.
Commission Resolution No. 3021 - relating to issuance of orivate activity
revenue
bonds under the Montana Industrial Develooment Act in
the
aagregate orincipal amount of $9.050.000 for construction of
the
Dickinson Manor Aoartments. a 160-unit acartment comolex
on lots
1. 2, and 3. Block 14. Annie Subdivision: set oublic
-~ hearing
for November 21. 1994
COMMISSION RESOLUTION NO. 3021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO A PROJECT ON BEHALF OF DrCKMAN
APARTMENTS, 1.1.C., AND THE ISSUANCE OF REVENUE BONDS TO
FINANCE THE COSTS THEREOF UNDER MONTANA CODE ANNOTATED,
TITLE 90, CHAPTER 5, PART 1, AS AMENDED; GRANTING PRELIMINARY
APPROVAL THERETO AND CALLING A PUBLIC HEARING THEREON.
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Public hearing - Commission Resolution No. 3012 -Ievving and assessina
garbage assessments
for Fiscal Year 1995
This was the time and place set for the public hearing on Commission
Resolution No.
3012, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3012
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
All REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY
THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING
OF SOUD WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323,
AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN
MUNICIPAL CODE.
Mayor Vincent opened the public hearing.
City Manager Wysocki stated that this resolution levies the assessments
for collection
of solid waste within the city limits against those properties for which
such service is provided,
based on a base rate of $47 per year for a single-family residence. He
noted that the list of
properties and amounts to be assessed have been available for review
as well as the resolution
which contains all of the figures upon which the assessments are based.
. No one was present to speak in support of or in opposition to the assessments.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission finally adopt Commission Resolution No. 3012, levying
and assessing garbage
assessments for Fiscal Year 1995.
The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stueck
and Mayor Vincent; those voting No, none.
Public hearing - Commission Resolution No. 3013 - levvina and assessing
assessments for
SDeciallmDrovement District No. 662 - street imDrovements on North 19th
Avenue between
Baxter Road and West Oak Street - $295,900.00
. This was the time and place set for the public hearing on Commission
Resolution No.
3013, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3013
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
TAXES UPON ALL BENEFITTED PROPERTY IN SPECIAL IMPROVEMENT
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DISTRICT NO. 662 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT
DISTRICT NO. 662.
Mayor Vincent opened the pUblic hearing.
City Manager Wysocki stated that this special improvement district was
created to
. fund the costs of constructing North 19th Avenue between West Oak Street and Baxter Lane.
He reminded the Commission that this is a part of the North 19th Avenue
interchange project
which is currently in progress.
No one was present to speak in support of or in opposition to the assessments.
Since there were no Commissioner objections, Mayor Vincent closed the
public
hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Stueck,
that
the Commission finally adopt Commission Resolution No. 3013, levying
and assessing
assessments for Special Improvement District No. 662. The motion carried
by the following
Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
.
Public hearina - Variance from Table 18.65.050.D. of the Bozeman Municipal
Code - Sharon
Maver for L T Hotel Enterprises. LLC. dba Bozeman Ramada Limited Motel
- allow relocation of
existing pole sian and exceed allowable heiaht and area dimensions -
Lot 10. Wheat
Commercial Subdivision (2020 Wheat Drive) (C-9416)
This was the time and place set for the public hearing on the variances
from Table
18.65.050.D. of the Bozeman Municipal Code, as requested by Sharon Mayer
for L T Hotel
Enterprises, LLC, dba Bozeman Ramada Limited Motel, under Application
No. C-9416, to allow
relocation of the existing pole sign and exceed the allowable sign height
and area dimensions
on Lot 10, Wheat Commercial Subdivision. The subject property is more
commonly located at
2020 Wheat Drive.
Mayor Vincent opened the public hearing.
. Senior Planner Dave Skelton presented the staff report.
He stated that under this
application, the applicant wishes to relocate the sign which exists on
the property to the
southeast corner of the site. He noted that the sign is located on a
44-foot-6-inch tall pole and
is 192 square feet in size, and is set back from the street an adequate
distance to
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accommodate that height and size. He stated that under this
application, the following
variances are being requested:
1. From
Table 18.65.050.0., to allow the pole sign to exceed the
maximum
height of a 16-foot pole sign at a 15-foot setback; and
2. From
Table 18.65.050.0., to allow the pole sign to exceed the
. maximum
size of 45 square feet at a 15-foot setback.
The Senior Planner stated the subject parcel is located in the Interstate 90 Entryway
Overlay District. He stated that the Design Review Board has reviewed this request as part of
an overall signage proposal for the subject site. He
stated that the Board has informally
recommended that the Commission approve this requested variance. That recommendation
was based on the landscaping and amenities submitted in the plans for the project as well as
a review of the topography of the area and the signage for other businesses in that immediate
area.
Senior Planner Skelton stated that the staff has reviewed this application
in light of
the three criteria established by the Montana Supreme Court and as set forth in Section
18.56.060 of the Bozeman Municipal Code. He noted that the
comprehensive findings are
. contained in the written staff report, which has been submitted to the Commission. He briefly
highlighted those findings, noting that staff has not identified any factors which would
compromise the public health, safety and welfare. Also,
staff has not received any public
testimony in support of or in opposition to this requested variance. He stated that, based on
the findings contained in the staff report, staff forwards its recommendation for approval of this
application, subject to five conditions.
Mr. Mike Garrity, attorney representing the applicant, stated they are
seeking a
variance because of the hardships which have been incurred by the motel. He noted that after
the original site plan was approved and the building constructed and signage installed, the Sleep
Inn was constructed directly in front of the existing signage for the Ramada Limited. He then
asked that the Commission approve this requested variance, which will allow the freestanding
. sign to be relocated to a position which gives the motel a visibility which is equivalent to others
along Wheat Drive.
Mr. Tim Taylor, part owner of the Ramada Limited Motel, stated that they
have
encountered a drop in business because most of their business is attracted from the highway.
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He noted that since their signage is not readily visible, most of those who make decisions on
their motels from the highway do not know they are located in that area.
Mr. Taylor stated that when the motel was originally constructed, they
worked with
staff to determine the best location for the signage. After they were open and operating, a
. new motel was constructed immediately to the east. which blocks the view of their sign from
North 7th Avenue and from much of Wheat Drive. He noted that, since they are at the end of
the street, many people make their decisions prior to going far enough to see the sign for this
motel. He stated that, with the sign relocated so that people can see
it as they travel down
the street, their motel can be added to the list of choices. He emphasized the fact that they
are not seeking anything taller or bigger than what exists in that area, they are simply
requesting equal visibility with their competitors and other businesses within this subdivision.
He stressed the importance of being allowed that opportunity, noting that the survival of their
business hinges on visibility.
Commissioner Frost stated that the pictures which have been presented
to the
Commission, with the proposed location of the sign marked, show that the relocation would
. make the sign much,more visible at the present time. He noted, however, that the vegetation
located between North 7th Avenue and the subject site could grow to the point that it shields
the sign from view in the future. He expressed concern about
the possibility that the
Commission may receive requests to allow taller signs at that time, so that they are once again
visible.
Mr. Taylor responded that he feels that issue can be addressed without
seeking taller
signs, possibly through keeping the trees trimmed.
Commissioner Frost expressed concern that approval of this application
would set a
precedent; and he is not sure how that precedent can be justified.
Mr. Taylor responded it is his understanding that the traffic flow in
the subdivision will
eventually change, with the completion of improvements to Mandeville Lane. He then stated
. that he feels the proposed location for the sign will prove to be optimum, no matter from which
direction traffic may be approaching.
Mr. Taylor then reiterated his concern about the survival of his business,
particularly
over the next three years. He stated that as people become aware of the fact that the motel
is located here and begin to use the reservation system, attracting people from the interstate
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will not be so critical as it is right now for survival. He noted
that at the present time, the
motel is losing money because of their lack of visibility. He
then indicated that, for a brief
period of time, they utilized a sandwich board sign in the back of a pickup parked near the
intersection of North 7th Avenue and Wheat Drive, until he was informed that was illegal; and
. during that period, business was much better than it was before or after.
Responding to questions from Commissioner Frost, Senior Planner Skelton
stated that
Planning staff carefully considered the issue of precedent when reviewing this application and
ultimately decided that, based on the existing character and fabric of this commercial
subdivision, approval of this request would not set a precedent.
He further noted that this
commercial subdivision is 85 percent developed, with only two lots remaining undeveloped at
the present time. He noted that since the character of development
and signage has already
been set, he does not believe that this decision would be precedent setting because the
remaining two lots do not contain the same topographical hardships as the subject site. The
Senior Planner then stated that staff, too, is concerned about any suggestion that approval of
this variance would establish a precedent for further variances for signs in the interchange
. zone. Mayor Vincent noted that Commissioner Frost's concerns seem to
center around the
two trees on the Sleep Inn property as well as other off-site trees.
He then stated that he
shares those concerns, particularly recognizing that when the trees reach maturity, they may
obstruct the signs for both the Sleep Inn and Ramada Limited, while the sign for the Prime Rate
remains unobstructed.
Senior Planner Skelton cautioned that the decision on the variance must
be based on
on-site issues. He then reminded the Commission of the topographical problems on the subject
parcel, and encouraged the Commissioners to review the staff findings for each of the three
criteria upon which decisions on variances must be based.
No one was present to speak in opposition to the requested variances.
. Since there were no Commissioner objections, Mayor Vincent closed the
public
hearing.
City Attorney Luwe reminded the Commission that four affirmative votes
are required
to approve a variance.
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Responding to questions from Commissioner Youngman, City Manager Wysocki
estimated it will be eight to ten years before vegetation in the immediate area matures to the
point it will impact the visibility of the sign. He noted that, in the meantime, primary access
to the subject subdivision will probably have been changed, thus changing the line of vision.
. Commissioner Stueck recognized the hardship which the applicant has forwarded,
noting that signage is vital for a retail business.
Commissioner Frost stated he feels this application meets the criteria set forth by the
Montana Supreme Court; and he will support it even though he is concerned about precedent.
He then stated that reorientation of traffic flow to Mandeville Lane should alleviate many of the
concerns which have been expressed.
Commissioner Youngman forwarded her support of the application, particularly in light
of the fact that it is compatible with surrounding development within the commercial
subdivision.
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 Stueck, seconded by Commissioner Frost, that the
Commission approve the variances from Table 18.65.050.0. of the Bozeman Municipal Code
as requested by Sharon Mayer for L T Hotel Enterprises, LLC, dba Bozeman Ramada Limited
Motel, under Application C-9416, to allow relocation of the existing pole sign, which exceeds
the allowable height and area dimensions, on Lot 10, Wheat Commercial Subdivision subject
to the following conditions:
1. That the applicant submit to the Planning Office for review and
approval, and prior to issuance of a building permit to relocate the
pole sign, a landscape plan prepared by a certified nurseryperson
which depicts a bench landscape area that reflects the combined
landscape of the two (2) exhibits. presented in the applicants
submittal (i.e., McDonald's and Sleep Inn Motel) for installation at
the base of said pole sign's new location;
2. That the existing pole sign remain at a height of 44 feet 6 inches
. from finish grade of the pole sign's new location, being fifteen
(15) feet from the property line;
3. That the signage for said property will comply with the applicant's
Master Signage Plan dated October 6, 1994, that the applicant
provide exterior elevations of the motel depicting the location of
the wall signs, to scale, on each of the appropriate facades, and
that the applicant will obtain review and approval by the Planning
Office and D.R.B. for the location of the "No Vacancy" reader
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board sign along the south elevation of motel prior to issuance of
a building permit to relocate the pole sign;
4. That the applicant obtain a Certificate of Appropriateness by the
Planning Director for the Master Signage Plan and obtain a
building permit prior to relocation of the existing pole sign; and
5. That the applicant enter into an Improvements Agreement with
. the City of Bozeman and secure by a method of security equal to
one and one-half the amount of the estimated cost of the
scheduled landscape improvements not installed at the time of
issuance of a building permit to relocate the exiting pole sign.
Said method of security shall be valid for a period of not less than
twelve (12) months; however, all em-site landscape improvements
shall be completed by the applicant within nine (9) months of
issuance of a building permit to relocate the pole sign to avoid
default on the method of security.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No,
none.
Public hearina - Master Plan Amendment - establishing a land use classification of urban
residential infill - 245 + acres in County Zoning District No.1 located south of Durston Road.
effective upon annexation (P-9451)
. This was the time and place set for the public hearing on the Master Plan Amendment
forwarded by the City-County Planning Board, under Application No. P-9451, to establish an
initial land use classification of urban residential infill on 245::!: acres in County Zoning District
No.1 located south of Durston Road, effective upon annexation.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
this application includes those properties lying in County Zoning District No. 1 which are
located between Durston Road and West Babcock Street. She noted that area has developed
significantly over the past few years; and requests for annexation of nine properties have been
received in the past two years. She stated that while the 1983 Master Plan designated this
subject area as medium-density residential, the 1990 Master Plan Update did not establish a
. land use designation because it is located in County Zoning District No.1. She stated that last
year, a county citizens' committee worked on a development plan and updated zoning
ordinance for the district. A public hearing on those documents is planned before the County
Commission in November. She noted that the goals and objectives in the development plan are
1 0-1 7-94
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very similar to those contained in the 1990 Bozeman Area Master Plan Update; and it
designates the area for general residential development.
The Assistant Planning Director stated that under this application, the master plan
land use designation for properties lying in that portion of County Zoning District No. 1
between Durston Road and West Babcock Street would be urban residential infill, effective
. upon annexation. She noted that this blanket master plan amendment will eliminate one step
in the process which is being encountered upon annexation of small parcels within County
Zoning District No.1.
Assistant Planning Director Arkell stated that the City-County Planning Board
conducted its public hearing on this application at its October 4 meeting. No public testimony
was received at that public hearing. She stated that the Planning Board members considered
this application in light of the four criteria which have been established for review of master
plan amendments, as outlined in the staff report. They also considered the comprehensive staff
findings which are contained in the written staff report as well as the staff recommendation
tor approval. She stated that, following that public hearing, the Planning Board forwarded its
. recommendation, to both the City Commission and the County Commission, for approval of this
master plan amendment.
The Assistant Planning Director stated it is important to recognize that, until a parcel
within this portion of County Zoning District No.1 is annexed, it will remain subject to the
development plans and zoning ordinance for the District. Upon annexation,
the land use
designation will be established as urban residential intill; and the property owner will then be
required to seek an urban zoning designation. She noted that the zoning designation
will
determine the density at which that parcel may then develop.
Ms. Sue Massaro, 121 North 25th Avenue, stated that she has owned this residence
for four years but just recently moved into it. She noted that they are happy with the quietness
of the area, the lack ot street lights and the lower taxes. She then indicated she does not want
. to see this area annexed into the city.
Mr. Phil Mazuranich, 24 North Western Drive, stated his support for this proposed
master plan amendment, noting that many hours have been spent on formulating a plan for
development of the area between Durston Road and West Babcock Street and between North
25th Avenue and Valley Unit Subdivision. He then encouraged the Commission's approval.
1 0-1 7-94
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Since there were no Commissioner objections, Mayor Vincent 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 Master Plan Amendment. under Application No. P-9451,
establishing a land use classification of urban residential infill on 245:t: acres in County Zoning
District No.1 located south of Durston Road, effective upon annexation. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Stueck and Mayor Vincent; those voting No, none.
Public hearina - Zone MaD Amendment - SDrinaer GrouD Architects for CaDe-France - A-S to
B-2 - 38.67 acres known as Tracts A-1 and A-2. COS No. 2827. located in the E%. SE%.
Section 26. T1 S. R5E. MPM (west side of North 19th Avenue off ramD. south of 1-90)
(Z-
94106)
This was the time and place set for the public hearing on the Zone Map
Amendment
to change the zoning from A-S, Agriculture Suburban, to B-2, Community Business, as
. requested by Springer Group Architects for Cape-France, under Application No. Z-94106, for
a 38.67 acres parcel known as Tracts A-1 and A-2, Certificate of Survey No. 2827, located
in the East one-half, Southeast one-quarter of Section 26, Township 1 South, Range 5 East,
Montana Principal Meridian. The subject parcel is more commonly located at the west side of
North 19th Avenue off ramp, south of 1-90.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report.
He stated
that the subject 39-acre parcel is generally located at the intersection of Valley Center Road
and the North 19th Avenue interchange.
The Associate Planner stated that at its regular meeting of October 4,
the City-County
. Planning Board conducted its public hearing on this application, taking into consideration the
twelve criteria set forth in the Montana Code Annotated. Following that public hearing, the
Planning Board concurred with staff's recommendation for approval of the zone map
amendment, with the added stipulation that the ordinance for this zone map amendment not
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be processed until after municipal water is available to the site or is assured through the
creation of a special improvement district or some other appropriate financing mechanism.
Associate Planner Morris distributed to the Commission copies of a map which shows
the subject parcel and the plume area from the Bozeman Solvent Site.
He stated that much
of the concern expressed by the Planning Board is due to the close proximity of those two
. areas and the potential that the requested high-capacity wells on the applicant's property would
pull the plume of contaminants to this site, thus polluting currently unpolluted groundwater and
causing an added liability to the City.
Responding to questions from Commissioner Youngman, Associate Planner Morris
stated that, based on conversations with Denise Martin from the Montana Department of
Health and Environmental Sciences, there are two or three factors which can cause a plume
to migrate. He stated that when the Bozeman Solvent Site plume was discovered, there was
no indication that the plume had migrated to the North 19th Avenue interchange area;
however, test wells drilled prior to construction of the interchange revealed that it may have.
He noted that one of the strategies for remediating a contaminated plume is to pump water
. from the center of the plume out, where it can be treated and the pollutants removed. In this
instance, high-capacity wells could pull the plume to them, thus expanding the plume and
contaminating the wells.
City Attorney Luwe stated that on Page 2 of the Planning Board minutes, there is a
statement that the Bozeman Solvent Site is a Superfund site. He stated
this is an incorrect
statement, noting that while initial scoring may qualify the site for such a designation, the EPA
has not designated this as a Superfund site to date.
Mr. Low~1I Springer, architect representing the applicant, stated that, for the most
part, the applicants concur with the findings and conclusions of the Planning staff and the
Planning Board. He stated, however, they are concerned about the issues
surrounding the
plume from the Bozeman Solvent Site. He stated that the area depicted on the map distributed
. to the Commissioners is a quarter mile from the subject site. He suggested it is no coincidence
that the plume is in a square, as a result of its natural migration. He stated that he does not
believe the plume would be a problem for the subject site.
Mr. Springer stated his biggest concern is with the requirement to tie onto City water
service. He stated that, while they are in the process of acquiring engineering design and plans
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- 20-
for extension of the City water mains to the site, they. wish to retain the capability of using an
approved central water system. He then asked that the Commission allow the subject parcel
to be serviced by a water distribution system which has been reviewed and approved by the
State of Montana, suggesting that this would ensure that the concerns expressed by the staff
would be addressed. He noted that the State is well aware of the location of the plume,
. indicating he feels that they would be the most qualified agency to determine whether or not
wells would be feasible.
Responding to Commissioner Frost, Mr. Springer stated he feels that he was
misquoted in the Planning Board minutes. He stated that, rather than reference to "... proposal
would eliminate substantial downtown traffic ... ", the reference should be to "... lessening
traffic on Durston Road and North 7th Avenue" through the use of North 19th Avenue.
Responding to Commissioner Frost, City Manager Wysocki showed where the water
mains end at the present time. He estimated the distance from those locations to the subject
property at approximately one mile. He then noted that the City has received several inquiries
about obtaining City water service from businesses within the Gardiner/Simmental Plaza;
. therefore, it might be possible for the applicant to obtain financial parti~ipation in extension of
the main.
City Manager Wysocki suggested the key is a central water system, whether it's the
City's or some other system. He proposed that providing the alternative requested
by Mr.
Springer, to allow connection either to the City's water system or a central water system
approved by the State would be appropriate and provide the flexibility desired.
Commissioner Stueck noted that, with this State's stringent requirements, that might
be an acceptable alternative.
Responding to questions from Commissioner Frost, City Attorney Luwe suggested
that any motion for approval include the direction that staff bring back an ordinance for the
zone map amendment at the time municipal water is available, or is assured through creation
. of an SID or other acceptable financing method, or when another central water distribution
system is approved by the State with specific concurrence of the Department of Health and
Environmental Science. He then noted that the City is already responsible for remediation of
the plume because of its ownership of the Buttrey's sewer line; and if the plume expands, the
City will continue to be responsible for remediation, whether this application is approved or not.
10-17~94
- 21 -
Responding to questions from Mayor Vincent, Mr. Springer stated it is
the applicant's
long-range plan to seek annexation of this pa.rcel into the city. He
stated, however, that until
such time, he feels the City should be flexible in the water system that
it allows to serve the
subject parcel, as long as the system is acceptable to the State of Montana.
Responding to Commissioner Youngman, City Attorney Luwe indicated that
approval
. of the requested zone map amendment does not represent approval of a particular water
system or a subdivision. He then stated that if a system other than the
City's water system
is used and contamination occurs, the City's argument would be that the
State had approved
the system. He noted that while this argument would not totally alleviate
all City responsibility
for remediation, it would probably serve to minimize the City's liability.
No one was present to speak in opposition to the requested zone map amendment.
Since there were no Commissioner objections, Mayor Vincent closed the
public
hearing.
Due to concerns forwarded by Commissioner Frost, Mayor Vincent requested
that this
item be placed on next week's agenda for a decision.
.
Public hearing - Variance from Section 18.50.120.F(2) of the Bozeman
Municipal Code-
Westmain Ventures. Inc. - allow 16 of the reauired 22 off-street parking
spaces for retail sales -
Lot 4. Festival Sauare Minor Subdivision (2405 West Main Street) (C-9417)
This was the time and place set for the public hearing on the variance
from Section
18.50.120.F(2) of the Bozeman Municipal Code, as requested by Westmain
Ventures, Inc.,
under Application No. C-9417, to allow the installation of 16 of the
required 22 off-street
parking spaces for retail sales on Lot 4, Festival Square Minor Subdivision.
The subject site is
more commonly located at 2405 West Main Street.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report.
She stated that
the Festival Square Planned Unit Development was approved in 1985. All
of the streets, curb,
. gutter, sidewalk, water and sewer improvements for the development have
been installed.
Until recently, no development had occurred within this planned unit
development; and now
two structures are being constructed on one of the lots. Under the development
guidelines for
the Festival Square PUD, any development within ttie PUD was to be subject
to the minor PUD
process. Since the new code no longer includes that process, the application
was subjected
10-17-94
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to the minor site plan process.
This review, which was conducted as an. in-house review,
included reviews by the Development Review Committee and the Design Review
Board as well
as staff.
The Assistant Planning Director stated that Building I on the site contains slightly
more than 12,500 square feet; and Building II contains just over 5,000
square feet. The
. variance being requested at this time is for Building II. She noted that, due to the pitches of
the roofs on these buildings, which were approved as single-story structures
under the Festival
Square PUD development guidelines, those wishing to occupy the structures
are looking at the
possibility of adding mezzanines.
She noted that the larger building is being constructed in
condominium units, and between the writing of the staff report and today,
staff has received
requests for two more mezzanines to be added.
She stated that in this specific instance,
Montana Furniture Galleries is considering the purchase of Building II
and wishes to add a
2,500-square-foot mezzanine for offices, storage and furniture display.
This request increases
the number of parking spaces required.
She noted that, originally, 15 parking spaces were
required for this building, and 16 were provided. With the mezzanine,
the number of required
. parking spaces increases to 22; and that is the reason for this requested variance.
The Assistant Planning Director stated that the footprints for each of the buildings has
been maximized; and there is no space on the lot for the additional parking
spaces needed to
accommodate the addition of mezzanines to those single-story structures.
Assistant Planning
Director Arkell stated
that staff recognizes the
parking
requirements for a small furniture retail store are not as great as the
requirements for other
types of retail establishments, such as a sporting goods store. She noted,
however, that the
zone code does not differentiate on the number of parking spaces required
for various types
of small retail uses; and care must be taken to consider the possible
change of retail use at
some time in the future.
She stated that the zone code does provide a different parking
requirement for furniture stores with more than 20,000 square feet; however,
that differential
. is minor (one space per 300 square feet versus one space per 333 square
feet). She then
suggested that, in light of this information, it would probably be more
appropriate for the
applicant to seek a zone code amendment than a variance.
The Assistant Planning Director stated that an improved parking lot, containing 29
parking spaces, has been provided at the north end of the development.
This parking lot has
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been designed to accommodate overflow traffic from the individual lots, due in large part to the
fact that the streets are constructed in 40-foot rights-of-way, with no parking allowed, as
opposed to the standard 60-foot rights-of-way.
Assistant Planning Director Arkell stated this application has been reviewed
in light
of the three criteria established by the Supreme Court, as set forth in Section 18.56.060 of the
. Bozeman Municipal Code; and the staff's comprehensive findings are contained in the staff
report. She briefly highlighted those findings, which indicated that the
variance would be
contrary to the public interest; that no unnecessary hardship owing to conditions unique to the
property could be identified; and that the spirit of the ordinance would not be met. She stated
that, based on those findings, staff does not support the requested variance. She noted that
an alternative for eliminating parking spaces is available to the applicant. She stated that under
the zone code, the Design Review Board may authorize elimination of up to five parking spaces
in exchange for additional landscaping.
The Assistant Planning Director reminded the Commission that the concurring
vote
of four Commissioners is needed to approve a variance. She
then indicated that, at the
. applicant's request, staff contacted the Clerk of the Commission's office and was assured that
a full Commission would be present at this meeting. She suggested that, since Commissioner
Stiff is absent, the applicant may ask that the public hearing be continued until a full
Commission is present.
Mr. Craig McVicker, representing the applicant, requested that the public
hearing be
continued until a full Commission is present.
City Attorney Luwe stated that the Commission has the options of continuing
the
public hearing, conducting and closing the public hearing, or conducting and continuing the
public hearing until a full Commission is present. He suggested that in each of these options,
the decision could be delayed until a full Commission is present.
Following a brief discussion, the Commissioners decided to proceed with
the public
. hearing at this time.
Mr. Craig McVicker stated the primary issue appears to be the 2,457-square-foot
mezzanine which the applicant wishes to add. He stated the
intended use is for furniture
storage and some display. He then argued that a furniture
store of any size is substantially
different from other retail uses, and that parking requirements should actually be more similar
10-17-94
- 24-
to warehouse uses. He cited some statistics recognized by professional organizations, including
the American Planning Association, which seem to support that idea as well.
He suggested
that, even though it is not possible to guarantee that the subject building will always be used
for retail furniture sales, the decision on this request should be based on that use rather than
. on the possibility of other retail uses. He noted that if a change in use occurs, the issue of
parking could be addressed at that time. He then stated
that seeking a reduction in parking
spaces based on additional landscaping is not an option for the applicant, since that would
allow for a reduction of five parking spaces, and they are seeking a reduction of six.
Mr. McVicker suggested that if the existing 29 off-street parking spaces
are
considered, he believes that adequate parking is available within this planned unit development.
Mr. Jim Cover, owner of CVR Oak and Montana Furniture Galleries, stated
his store
has been located across West Main Street from the subject site for the past five years.
He
noted that in that location, they have three to four parking spaces for 7,000 square feet of
retail space; and that is one of the reasons they are seeking a new location. He stated that,
based on their experience, however, he does not anticipate that all of the sixteen parking
. spaces will be filled at one time.
Mr. Cover recognized the concern that this building will not always be
used as a
furniture retail store. He noted that, because he will be putting over $100,000 into the building
beyond the amount paid by Westmain Ventures, he plans to occupy the structure for many
years. He indicated'that he would be willing to accept a condition that
if this variance is
approved, he will commit to removing the mezzanine if he ever moves from this location, to
ensure that negative impacts on parking are not encountered.
He then asked that the
Commission consider the number of parking spaces for a furniture retail establishment and base
its decision on that use, rather than on the generic retail use requirements.
Responding to City Manager Wysocki, Mr. McVicker stated that none of
the 29 off-
street parking spaces in the overflow lot are being used at this time.
. Mr. Cover stated that four to five businesses will be located in the
two buildings on
the subject parcel. One of those businesses will be a financial
company and another will
possibly be a catering business; and those types of businesses will not generate a strong need
for off-street parking. He then suggested that the existing
off-street parking for the two
buildings will be adequate, even with approval of his request for a mezzanine.
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- 25 -
Responding to Commissioner Frost, City Attorney Luwe stated that the
Commission
may add conditions to approval of a requested variance. He cautioned,
however, that the
Commission must first find that the application does comply with the three standards set forth
by the Montana Supreme Court.
. Respond ing to the City Manager, Assistant Planning Director Arkell confirmed that the
streets within this subdivision are public streets.
Further responding to the City Manager, the Assistant Planning Director
stated that
designation of a certain number of the parking spaces in the overflow lot for this specific lot
would requirean amendment to the development guidelines for the planned unit development.
City Manager Wysocki noted that, with the restaurant across the street,
there are
already on-street parking problems; and he is concerned that approval of this requested
variance will result in further negative impacts to the area, particularly since parking on the
street is prohibited.
Assistant Planning Director Arkell cautioned that under the existing
development
guidelines, the 29 parking spaces in the overflow parking lot are available on a first come, first
. served basis, and are not designated for specific lots. She then cautioned that each of the lots
is to be developed in a manner which allows adequate parking spaces to be provided for the
buildings constructed and uses involved.
Mr. Cover suggested that he could require his employees to park in the
overflow lot,
thus providing more spaces for customers.
City Attorney Luwe recommended that, since the applicant received incorrect
information about having a full Commission at this meeting, the decision be delayed for a full
Commission.
Following a brief discussion, it was moved by Commissioner Youngman,
seconded
by Commissioner Stueck, that this public hearing be continued to 3:00 p.m. on Monday,
October 24. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Youngman, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those
voting No, none.
10-17-94
--.-
- 26 -
Public hearing - Variance from Section 18.50.160 of the Bozeman MuniciDal Code - Robert and
Nancy PlanalD - allow eXDansion of non-conforming building by addina a bedroom onto exiting
house - lot 6. Beatty's Subdivision (1719 Willow Way) (C-9415)
This was the time and place set for the public hearing on the variance from Section
18.50.160 of the Bozeman Municipal Code, as requested by Robert and Nancy Planalp under
. Application No. C-9415. to allow expansion of a non-conforming building by adding a bedroom
onto an existing house on lot 6, Beatty's Subdivision. The subject site is more commonly
known as 1719 Willow Way.
Mayor Vincent opened the public hearing.
Assistant Planner lanette Windemaker presented the staff report. She stated that the
existing house does not meet the setback requirements for the R-S, Residential--Suburban,
district; therefore, this variance is being sought. She then showed the Commissioners a site
plan depicting the existing house, proposed addition and setback requirements. She noted that
those setback requirements include a 35-foot front yard setback and 25-foot side yard
setbacks; and the existing house has a 30-foot front yard setback, a 12-foot side yard setback
from the south property line and an 8-foot setback from the north property line. She indicated
. that the proposed bedroom addition is to be 33 feet and 36 feet from the respective side
property lines and, therefore, complies with the setback requirements. She stated that the
subject lot is approximately one-half acre in size; and the existing home was built in 1960.
Assistant Planner Windemaker stated that staff has reviewed this application in light
of the three criteria established by the Montana Supreme Court and set forth in Section
18.50.060 of the Bozeman Municipal Code. The staff's findings are contained in the written
staff report, which was included in the Commissioners' packets. The Assistant Planner briefly
highlighted each of those findings, concluding that the application is not contrary to the public
interest. She noted that the configuration of the lot, which is narrow and deep with significant
setback requirements, does create some difficult situations. She further noted that many of
the homes within this subdivisions encroach into the setbacks. She then stated that, since the
. proposed expansion meets the setback requirements, staff does not believe that this application
would circumvent the integrity of the zone code.
The Assistant Planner concluded her report by stating that, in light of the findings for
each of the three criteria, staff supports the requested variance.
Mr. Bob Planalp, applicant, requested Commission approval of this application.
10-17-94
- 27 -
No one was present to speak in opposition to the requested variance.
Since there were no Commissioner objections, Mayor Vincent 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 Stueck, seconded by Commissioner Frost, that the
Commission approve the variance from Section 18.50.160 of the Bozeman Municipal Code,
as requested by Robert and Nancy Planalp, under Application No. C-9415, to allow expansion
of a non-conforming building by adding a bedroom onto an existing house on Lot 6, Beatty's
Subdivision. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those
voting No, none.
Adjournment - 8:55 D.m.
There being no further business to come before the Commission at this
timet 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 Stueck and Mayor Vincent; those
voting No, none.
ATTEST:
(2~ J~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
10-17-94