HomeMy WebLinkAbout11-20-08 Board of Adjustment Minutes.docBOARD OF ADJUSTMENT
THURSDAY, NOVEMBER 20, 2008
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Vice Chairperson Ugorowski called the meeting of the Board of Adjustment to order at 6:05 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 Doug Riley, Associate Planner
Dan Curtis Tara Hastie, Recording Secretary
Ed Ugorowski
Richard Lee
Jeff Rupp, City Commission Liaison
Members Absent
JP Pomnichowski
Cole Robertson
Visitors Present
Brian Caldwell
ITEM 2. MINUTES OF OCTOBER 14, 2008
MOTION: Ms. Jamison moved, Mr. Sypinski seconded, to approve the minutes of October 14, 2008 as presented. The motion carried 5-0. Those voting aye being Vice Chairperson Ugorowski,
Mr. Lee, Mr. Curtis, Mr. Sypinski, 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. PROJECT REVIEW
1. Lindley Home COA/DEV #Z-08207 (Kramer) (Cont. from 10/14/08.)
406 East Olive Street
* A Certificate of Appropriateness with Deviations Application to allow the restoration of the 1911 Lindley Home, the construction of a second building with an apartment above, and related
site improvements.
The City Commission has reclaimed jurisdiction of this proposal.
2. 18 Miles to the Border CUP #Z-08249 (Riley)
131 West Main 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 his presentation would be short as this type of application had been seen by the BOA before. He noted the location of
the proposal within the B-3 (Community Business District) zoning designation and listed the surrounding uses. He noted there had been no public comment received for the proposal and
that the conditions of approval were listed in the Staff Report. He noted condition #4 contained the word “outdoor” and he recommended the removal of the word “outdoor” per Staff and
previous BOA review of other beer and wine CUP Applications.
Brian Caldwell joined the BOA. He noted the applicant would prefer not to have any restrictions with regard to the hours of operation and they did not see it as necessary due to the
surrounding uses. He stated the applicant was fine with the rewording of Staff condition #4 to remove the word “outdoor”.
Mr. Sypinski asked Mr. Caldwell if the liquor license had been obtained by the applicant. Mr. Caldwell responded they would need to get approval from the City prior to approval from
the State and they did not currently have a liquor license.
Vice Chairperson Ugorowski opened the public comment portion of the meeting. Seeing no public comment forthcoming, the public comment period was closed.
MOTION: Mr. Sypinski moved, Ms. Jamison seconded, to approve 18 Miles to the Border CUP #Z-08249 with Staff conditions. The motion carried 5-0. Those voting aye being Vice Chairperson
Ugorowski, Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison; those voting nay being none.
3. Van Coller/Mahoney Fence COA/DEV #Z-08151 (Bristor)
1113 South 5th Avenue
* A Certificate of Appropriateness with a Deviation Application to allow the construction of an eight foot tall fence along the south side of the property.
Associate Planner Allyson Bristor presented the Staff Report noting the location of the project and the zoning designation of R-2 for the property. She noted the applicant was seeking
approval of an eight foot tall fence that had already been installed and code enforcement had notified the applicant that they would require an after the fact approval of their fence.
She noted where the fence was located on the site and stated the reason the fence had been constructed was to provide privacy from a neighboring sorority house to the south. She stated
the fence had been classified as unfinished (supporting members that are visible) on the south side, but was finished elsewhere. She stated the applicant would be required to obtain
a letter from the sorority that they were amenable to the unfinished appearance of the fence; if the letter could not be obtained the applicant would be required to finish the fence.
Mr. Sypinski asked why the applicant had not made the fence taller as the existing fence did not achieve the goal of privacy. Ms. Van Coller responded the sorority was three stories
tall and had verbally agreed to write a letter approving the fence as it had been constructed.
MOTION: Mr. Curtis moved, Mr. Lee seconded, to approve Van Coller/Mahoney Fence COA/DEV #Z-08151 with Staff conditions. The motion carried 5-0. Those voting aye being Vice Chairperson
Ugorowski, Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison; those voting nay being none.
Ms. Jamison stated she couldn’t even see the fence from the street and she had to actually get out and walk between the buildings to view it. She recommended the applicant prepare the
letter for the sorority to sign and mention that Planning Staff was supportive of the fence unfinished.
Mr. Lee stated the purpose of the fence ordinance was to make certain a fence did not stand out against a residence and the existing fence did not stand out due to the height of the
building next to it (the sorority).
Ms. Jamison noted it was nice to see the children in attendance for a government meeting even though they likely did not care.
ITEM 5. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:21 p.m.
______________________________
Ed Ugorowski, Vice Chairperson
City of Bozeman Board of Adjustment