HomeMy WebLinkAbout011309 Board of Adjustment MinutesBOARD OF ADJUSTMENT
TUESDAY, JANUARY 13, 2009
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Vice Chairperson Ugorowski called the meeting of the Board of Adjustment to order at 6:01 p.m. in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to record the attendance.
Members Present Staff Present
Patricia Jamison Allyson Bristor, Associate Planner
Ed Sypinski Andrew Epple, Planning Director
Ed Ugorowski Brian Krueger, Associate Planner
Richard Lee Tara Hastie, Recording Secretary
Cole Robertson
Dan Curtis
Members Absent
JP Pomnichowski
Commission Liaison
Jeff Rupp
Visitors Present
Chris Gray
Greg Benjamin
Chuck Olmstead
Larry Watson
Bob Michels
ITEM 2. MINUTES OF DECEMBER 9, 2008
MOTION: Mr. Sypinski moved, Mr. Curtis seconded, to approve the minutes of December 9, 2008 as presented. The motion carried 6-0. Those voting aye being Vice Chairperson Ugorowski,
Mr. Robertson, Mr. Lee, Mr. Sypinski, Mr. Curtis, and Ms. Jamison; those voting nay being none.
ITEM 3. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Board Of Adjustment, not on this agenda. Three-minute time limit per speaker.}
There was no public comment forthcoming.
ITEM 4. INFORMATIONAL
1. Gallatin County Detention Center Agency Exemption #Z-08298 (Krueger)
611 South 16th Avenue
* A Final Site Plan Application to allow the construction of a ~92,706 square foot new County detention center facility with related site improvements.
Associate Planner Brian Krueger presented the Staff Memo noting plans had been received for a new detention center on the Gallatin County land at 615 South 16th Avenue. He noted the
public had been noticed and the hearing was for informational purposes only due to the allowable Exemptions from zoning requirements for the proposal; he noted the BOA would only be
making comments and providing a public forum. He noted members of the design team were in attendance and had come prepared with a presentation.
Mr. Sypinski asked how many other public hearings would be held. Planner Krueger responded there were no other public hearings scheduled outside of this Informational Hearing. Mr.
Sypinski asked if a thirty day notice had been included in the paper. Planner Krueger responded the public had been noticed via the agenda for the night’s meeting.
Foster “Chuck” Olmstead with Carter Goble Lee stated he had presented the BOA with a layout of the site that depicted where the proposed detention would be located to replace the current
facility on the existing site. He noted Gallatin County voters had agreed to construct the facility and the community had been given notice that the construction would commence.
Bob Michels of Dowling Sandholm Architects stated the new construction was proposed to be northeast of the existing detention facility and noted the proposed size of the structure.
He explained the layout of the proposed structure and noted there would be grand total of 86,500 square feet; he directed the BOA to those areas that would be institutional and those
which would be administrative. He noted the estimated completion date would be the summer of 2010.
Greg Benjamin of Stahly Engineering stated the primary civil engineering issue would be the storm water treatment for the site. He noted the site drained toward the north and there
were some existing storm water issues. He noted the project limits were at the northeast corner of the site, but they had reviewed the entire site for consideration of the storm water
run off. He stated detention ponds had been included for the whole post development master plan and the current system would be utilized. He noted they had made concessions for if
the storm water ever maxed out over the 25 year event line.
Mr. Olmstead thanked the BOA for allowing them to appear on the agenda for the project’s Informational Hearing.
Vice Chairperson Ugorowski called for public comment. Seeing no public comment forthcoming, the public comment period was closed.
The Board had no comments or suggestions.
ITEM 5. PROJECT REVIEW
1. Request for reconsideration Lueck Intensification/Duplex COA/DEV #Z-08269 (Bristor)
522 North Willson Avenue
* A Certificate of Appropriateness with Deviations Application to allow the legalization of an existing basement apartment on a lot with less than the minimum lot area requirements.
Planning Director Andrew Epple presented the Staff Memo noting the BOA had considered the proposal for legitimizing a basement apartment at their December meeting and had denied the
proposal. He noted the applicant had requested the BOA reconsider the action they had made at the previous meeting. He noted Staff had provided clarification of the original proposal
in the Staff Memo.
Mr. Sypinski questioned what Director Epple meant when he stated that Staff had not presented enough background information at the previous meeting. Planning Director Epple responded
that his review of the minutes of record indicated that the BOA felt they could not grant the Deviation; he clarified that the BOA was able to grant the Deviation.
Mr. Lee asked for clarification of new information submitted with the Staff Memo. Planning Director Epple responded the only new information was clarification that the BOA was not precluded
from granting the requested Deviation. Mr. Lee confirmed that he understood.
Mr. Sypinski stated he felt that it would set a precedent if the BOA reconsidered the application. He noted their decision making authority was clearly outlined and included an Appeal
of their decisions instead of reconsideration. Mr. Ugorowski and Ms. Jamison agreed.
Mr. Roberston stated he had searched the internet and had found a reconsideration clause in the by-laws for a BOA in Arizona – where the applicant was from – but the same clause had
not been included in the Bozeman BOA by-laws.
Vice Chairperson Ugorowski stated he concurred with previous BOA member comments. With no motion to reconsider, he indicated the item would not be revisited.
ITEM 6. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:26 p.m.
______________________________
Ed Ugorowski, Vice Chairperson
City of Bozeman Board of Adjustment