HomeMy WebLinkAbout021009 Board of Adjustment MinutesBOARD OF ADJUSTMENT
TUESDAY, FEBRUARY 10, 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
Ed Sypinski Keri Thorpe, Assistant Planner
Ed Ugorowski Tara Hastie, Recording Secretary
Richard Lee
Cole Robertson
Dan Curtis
Members Absent
JP Pomnichowski
Patricia Jamison
Commission Liaison
Jeff Rupp
Visitors Present
James Nickelson
ITEM 2. MINUTES OF JANUARY 13, 2009
MOTION: Mr. Sypinski moved, Mr. Curtis seconded, to approve the minutes of January 13, 2009 as presented. The motion carried 5-0. Those voting aye being Vice Chairperson Ugorowski,
Mr. Robertson, Mr. Lee, Mr. Sypinski, and Mr. Curtis; 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. PROJECT REVIEW
1. CFT Building Antenna CUP #Z-08251 (Thorpe)
2327 University Way
* A Conditional Use Permit Application to allow the installation of an antenna tower on an existing building and related site improvements.
Assistant Planner Keri Thorpe presented the Staff Report noting the proposal was to allow the construction of a sixteen foot tall, lattice antenna structure for transmitting and receiving
data. She noted the zoning designation was Business Park and the height would exceed the allowable
height within that zoning designation which had triggered the Conditional Use Permit Application requirement. She noted Staff was supportive of the proposal with Staff conditions.
Mr. Lee asked what type of telecommunication waves would be utilized. Planner Thorpe responded the report from March Communications would explain, but she was not able to ascertain
the differences between types of radio waves. She noted warning signage would be included on the mechanical equipment, though she thought the only risk would be electromagnetic fields.
Mr. Sypinski asked when Planner Thorpe had started working with the Planning Department and welcomed her. Planner Thorpe responded she had begun working with the department roughly
two years prior as a Planning Technician but had more recently taken over the vacant Assistant Planner position. Mr. Sypinski asked why the antenna had not been brought to the City
Commission when the original request for greater height than allowable was presented for the building itself. Planner Thorpe responded the owner had likely not known which tenant would
occupy the structure. Mr. Sypinski stated the Board would prefer not to see the same application twice; there was already one CUP for the project and now another was being requested.
He stated the further away from the site the more visual the antenna would become and asked if there was any way to alleviate some of the view of the antenna. Planner Thorpe responded
fiberglass was the only material that would allow the function of the antenna to remain intact and Staff had decided that fiber glass would be more of a visual issue. She noted the
HVAC units would screen the lower half of the antenna structure which would help alleviate the view of the antenna from near the structure.
James Nickelson joined the BOA. He noted Planner Thorpe had done a good job presenting the project and noted the owner was amenable to Staff conditions as presented. He stated the purpose
of the antenna was to send signals into the valley and monitor traffic conditions to increase the efficiency of roads and signals. He noted there were a few agencies that would require
the use of the radio but more were anticipated; he noted some antennas would be removed and replaced, but there would never be more than the maximum number of antennas depicted. He
noted the owner had no tenants when the original CUP was granted and had since discovered the opportunity to set up the antennas for use in the future.
MOTION: Mr. Lee moved, Mr. Sypinski seconded, to approve CFT Building Antenna CUP #Z-08251 with Staff conditions. The motion carried 4-1. Those voting aye being Vice Chairperson Ugorowski,
Mr. Lee, Mr. Sypinski, and Mr. Curtis; those voting nay being Mr. Robertson.
Mr. Lee stated the comment that farther away from the building made the antenna look more obvious would not matter as there would be an FM antenna that would be far larger than the proposed
antenna making it less out of place.
Mr. Robertson stated he was compelled to approve the proposal, but thought the height request was what was on the table for discussion. He stated he thought the new tenant should be
allowed to use the building as needed.
Mr. Sypinski presented a cheat sheet regarding Principal, Conditional, and Accessory uses from the Unified Development Ordinance. He asked when the Board would say “enough is enough”
when allowing additional height. He noted for this particular application he would likely vote to approve.
Mr. Lee stated he could see why the owner would need to ask for the extra height and noted it was not the same situation where the BOA was reviewing the same application twice. Mr.
Sypinski disagreed and stated it was a similar situation. Mr. Lee suggested the current economic status made it difficult to find tenants and anything the BOA could do to help the community
should be done.
Vice Chairperson Ugorowski stated he thought the application was favorable.
ITEM 5. ELECTION OF OFFICERS
Mr. Sypinski moved, Mr. Curtis seconded, to nominate Ms. Pomnichowski as Chairperson. The motion carried 5-0. Those voting aye being Vice Chairperson Ugorowski, Mr. Robertson, Mr.
Lee, Mr. Sypinski, and Mr. Curtis; those voting nay being none.
Mr. Curtis moved to maintain the current slate of officers. Mr. Ugorowski declined the Vice Chairperson nomination. Mr. Sypinski suggested he would not mind being Vice Chairperson.
Mr. Curtis moved, Mr. Lee seconded, to nominate Mr. Sypinski for Vice Chairperson. The motion carried 5-0. Those voting aye being Vice Chairperson Ugorowski, Mr. Robertson, Mr. Lee,
Mr. Sypinski, and Mr. Curtis; those voting nay being none.
ITEM 6. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:25 p.m.
______________________________
Ed Ugorowski, Vice Chairperson
City of Bozeman Board of Adjustment