HomeMy WebLinkAbout081109 Board of Adjustment MinutesBOARD OF ADJUSTMENT
TUESDAY, AUGUST 11, 2009
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:00 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 Doug Riley, Associate Planner
Ed Ugorowski Tara Hastie, Recording Secretary
Dan Curtis Tim Cooper, City Attorney
Richard Lee
Cole Robertson
JP Pomnichowski
Members Absent Visitors Present
Patricia Jamison Susan Swimley
Brett Swimley
Ben Lloyd
Jorge Winkler
Frank Winkler
ITEM 2. MINUTES OF JULY 14, 2009
MOTION: Mr. Curtis moved, Mr. Lee seconded, to approve the minutes of July 14, 2009 as presented. The motion carried 5-0. Those voting aye being Chairperson Pomnichowski, Mr. Lee,
Mr. Curtis, Mr. Robertson, and Vice President Sypinski; 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.}
Mr. Ugorowski joined the BOA. There was no public comment forthcoming.
ITEM 4. PROJECT REVIEW
1. Swimley Zoning Variance #C-09002 (Riley)
207 McAdow Avenue
* A Zoning Variance Application to allow the encroachment of an 80 sq. ft. porch into a required setback.
Associate Planner Doug Riley presented the Staff Report noting he had a very short powerpoint as the request was a straightforward variance request. He noted both setbacks along McAdow
and East Olive were affected by the request. He noted the location of the existing house and the proposed location of the front porch; he added the existing northeast corner of the
residence
already encroached further than the variance being requested would encroach. He directed the Board to a photograph of the elevation the porch would be seen from. He noted approximately
10 sq. ft. of the front porch would encroach 2 feet 10 inches into the setback. He noted several letters of support had been received for the proposal and none had been received in
opposition. He noted Staff was supportive of the proposal.
Susan Swimley, applicant, joined the BOA and thanked Planner Riley for his time. She noted the reason for the variance had been due to interior remodeling and the cutting of brick to
accommodate the remodeling. She noted the Recording Secretary had been attempting to locate the zoning regulations for the site when the house was constructed in the late 1950’s. She
noted she would be happy to answer any questions the Board may have.
President Pomnichowski opened the item for public comment. Seeing none, the public comment portion of the meeting was closed.
President Pomnichowski stated Variances carried the most findings of any of the applications reviewed by the Board. She noted she had found the proposed variance would not be contrary
to the community. She stated the unique condition for the application was that the lot was formed prior to zoning and presents a smaller footprint than usually seen; she noted conditions
unique to the property did constitute the hardship. She stated she thought it would be an improvement to an already constructed home in an existing neighborhood. She noted the homes
situation on the lot made the approval of the proposal the minimum relief necessary for the site.
Vice President Sypinski stated he concurred with President Pomnichowski and found the application in accordance with Staff findings.
MOTION: Vice President Sypinski moved, Mr. Curtis seconded, to approve Swimley Zoning Variance #C-09002 with the findings noted in the Staff Report. The motion carried 6-0. Those
voting aye being Chairperson Pomnichowski, Mr. Lee, Mr. Curtis, Mr. Robertson, Mr. Ugorowski, and Vice President Sypinski; those voting nay being none.
2. Frank’s Catering Cabaret License CUP #Z-09130 (Riley)
548 East Babcock Street
* A Conditional Use Permit Application to allow the on-premise consumption of beer and wine.
Associate Planner Doug Riley presented the Staff Report noting the request was for the on-premise consumption of beer and wine. He noted the location of the site and the properties
zoning designation of B-3. He stated the surrounding zonings were similar to that of the property with the exception of some residential use and zoning to the south of the property.
He noted the location of the outdoor seating and that the seating area had been enclosed with a fence. He stated there was additional seating along Babcock Street. He stated that
based on the square footage for the outdoor and indoor seating, Mr. Winkler had purchased five off-site spaces and had an agreement with the City to use one or the other seating area
at a time without using both at the same time. He noted the location of the outdoor pizza oven and seating area in that location. He noted one letter of support had been received
and the applicant had supplied comments from neighbors. He noted one letter of public comment had been received that was in opposition to the
proposal and explained that the primary focus of concern in the comment had been parking; he added the parking requirements had been satisfied. He stated that sewer and water provisions
had not changed for the site, but the Water Department had required a condition to verify that a backflow preventer had been installed (which would continuously be a condition of approval
in those types of applications).
Vice President Sypinski asked if the fencing and screening of outdoor seating areas where alcohol was served appeared in the UDO. Planner Riley responded the State dictated the regulations
regarding the fencing of the outdoor seating area and the serving of alcohol in that location. Vice President Sypinski asked how the other seating areas on the site would be affected
by the serving of alcohol when they were not screened. Planner Riley responded that the State would dictate which areas would be allowed to have alcohol and what the fencing requirements
would be.
President Pomnichowski noted the approval was revocable under certain conditions and asked what “substantial complaints” meant. Attorney Cooper responded that any complaints would need
to be more than one individual and the police would determine whether the nuisance was affecting the entire neighborhood.
Jorge Winkler, applicant, joined the BOA. He stated he would answer any questions the Board may have.
President Pomnichowski opened the item for public comment. Seeing none, the public comment period was closed.
President Pomnichowski noted the review criteria for the Board to approve the proposal. She noted Staff conditions and the parking provisions currently in place satisfied one of the
review criteria. She stated that she was satisfied that if cause was shown, the CUP would be revoked. She stated additional provisions had been instituted to protect the public; outdoor
seating area screening, parking, use agreement, etc. She stated she supported Staff findings and felt the review criteria had been met.
Mr. Lee added that, for the public’s sake, he would appreciate receiving public comment prior to the day of the meeting as he would like to have more time to review the comments.
Vice President Sypinski stated his concerns had been addressed favorably, and suggested that signage be included to indicate alcohol could only be served in the fenced seating area.
President Pomnichowski responded that signage had been addressed with Staff conditions of approval.
MOTION: Vice President Sypinski moved, Mr. Ugorowski seconded, to approve Frank’s Catering Cabaret License CUP #Z-09130 with Staff conditions. The motion carried 6-0. Those voting
aye being Chairperson Pomnichowski, Mr. Lee, Mr. Curtis, Mr. Robertson, Mr. Ugorowski, and Vice President Sypinski; those voting nay being none.
ITEM 5. Briefing by City Attorney Greg Sullivan (As necessary.)
President Pomnichowski stated Attorney Sullivan had indicated he had no comments.
ITEM 6. Briefing by Planning Staff (As necessary.)
Staff had no items for discussion.
President Pomnichowski thanked the Board for their diligence and their full member attendance at ethics training.
President Pomnichowski addressed previous comments from the last meeting’s minutes regarding her attendance record stating that she served not only as a State of Montana Legislator,
but on several other advisory boards. She stated her attendance had been in question at the last meeting, and explained that all of her absences had been excused. She noted she had
spoken with Attorney Sullivan and had not been found to be in breach of the BOA by-laws due to her absences; she added the Attorney had nothing additional to say on the matter. She
added that she was proud to serve as President of the Board.
ITEM 7. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:28 p.m.
______________________________
JP Pomnichowski, Chairperson
City of Bozeman Board of Adjustment