Loading...
HomeMy WebLinkAbout1993-09-07 ccm ---. -_.,---- - --. -,- -'~ .. --- .,- _.,~- --""...-,,-"--."- ... _ ._.. _ n__. ---.------ .. .' , .~ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 7, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 7, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. 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 - Auaust 30. 1993 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of August 30, 1993, be approved as amended. The motion carried by the .ollowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Presentation of GFOA Certificate of Achievement for Excellence in Financial Reoortina for Fiscal Year 1991-1992 City Manager Wysocki stated that the City has once again received the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 1991-1992, which is issued by the Government Finance Officers' Association of the United States and Canada to government units whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. He stated that the City first received this award for Fiscal Year 1983-1984 and has received it each year since. . Mayor Swanson presented the plaque to Peg Biekert, Controller. He stated the Commission takes pride in the work which the City's accounting staff does, noting it is extremely important for the City to get this award. 09-07-93 ---..- ---..- --- - 2 - Discussion - Commission direction to staff re foundation of house at 31 0 East Koch Street City Manager Wysocki reminded the Commissioners that they have received information regarding the foundation under a house relocated from Livingston to 310 East Koch Street over the past few weeks. He stated that, because of the amount of information received and the questions _aised by some of the Commissioners, he felt it appropriate for staff to provide a report and allow an opportunity for discussion. He suggested that if the Commission does not concur with the staff actions to date, their feelings should be made known. Planning Director Andy Epple noted that the Commissioners have received copies of the correspondence which has transpired over the past few weeks between the Planning Office and Mr. Cox, the applicant, as well as with Mr. Mahan, the neighbor who is concerned about the way the project has been built out. The Director stated that when the Certificate of Appropriateness was granted, it was with the knowledge that the house was to be placed on a full basement. He stated that the basement, as installed does comply with the Uniform Building Code and meets the letter of the approval granted; however, questions have been raised about whether it meets the spirit and intent of the approval granted. He recognized that the structure appears higher than .anyone expected it to be; however, it is within the 32-foot height limit for the R-3a zoning district. The Planning Director stated that conversations with the contractor have revealed that the applicant is willing to address the drainage concerns along the west side of the house by installing appropriate rain gutters and downspouts to direct any water run-off away from the adjacent property. He then stated that, because of Mr. Mahan's continued concerns about this project, it is now being forwarded to the Commission for review. Responding to Commissioner Knapp, the Planning Director stated that the outside stairway which had originally been considered has been eliminated. Mr. Joby Sabol, attorney representing Mr. Cox, the applicant, stated the central issue seems to be the foundation for the house. He stated the building plans, which were submitted on March 17, demonstrated a foundation 4 feet below grade and 4 feet above grade. He then quoted .:rom Planning Director Epple's letter of August 13 to Mr. Mahan, as follows: "... it does not appear to be out of compliance with the Design Review Board's approval, which acknowledged that the house would be placed on a full basement. And although you have questioned whether the house rests on a basement or a first floor wall, our further conclusion is that the foundation on which it sits can be construed as a full basement for regulatory purposes. As placed on the site, the first 09-07 -93 ---.- - 3 - floor will be perhaps two feet higher from finished grade than it existed on its site in Livingston. And although the house currently appears somewhat awkward in height while under construction, we are confident that its appearance will improve considerably when the excavated and disturbed areas adjacent to the foundation are backfilled and landscaped." . '. Mr. Sabol stated it appears the confusion arises because of the pictures which were taken when the house was on its site in Livingston. He noted the difference in the water table in Livingston versus the subject site, and the fact that it is located 35 feet from a running creek channel in its present location. He stated that, because of the high ground water, this house is two feet higher than it was in Livingston; and it still meets the parameters for a basement and the height restrictions for the zoning district. Mr. Sabol then further quoted Director Epple's letter of August 13, as follows: "While acknowledging this 'intrusion' into your private yard space, it is difficult to see where its having been placed two feet lower on a foundation wall would have resulted in a substantially better situation for you and your family. In any event as currently placed, the house is within the allowable 32-foot height limit in R-3A Zoning Districts." . Attorney Sabol stated that his clients, Tom and Tammy Cox, are willing to work with the contractor, the neighbors and the City. He stated that the issue of drainage has already been addressed; and steps will be taken to ensure that the neighbors are not negatively impacted by run- off from the subject site. Mr. Matt Mahan, 304 East Koch Street, stated that when Mr. and Mrs. Cox approached him and his wife with the pictures of the home in its Livingston location and their proposal for relocation, their main concern was ensuring that their privacy was maintained. He noted that the first story windows begin at the top of their 6-foot privacy fence; and their hedge will not even adequately provide privacy. He stated that the pictures show that this home has been moved from a flat lot, at the same level as surrounding lots, to a lot that is to be banked up around the basement, making it higher than any adjacent lot. . Mr. Mahan quoted the definition of "basement" in the zoning ordinance, which reads, "A portion of a building located partly underground but having not less than half of its floor-to-ceiling height below the average grade of the adjoining ground." He stated that under that definition, the applicant must fill his entire lot to be in compliance, not just berm the dirt up around the foundation so that only two feet are exposed. 09-07-93 ___.n_ __m ___ _. ... ---.--- --.-- - 4 - Mr. Mahan emphasized the importance of his privacy, stating that this house represents an invasion of privacy. He also reminded the Commission of the historic character of the area and the importance of protecting it. He feels that allowing this house to remain as it is will result in depreciation of his home's value because it is intrusive. . City Manager Wysocki noted that, included in the information submitted to the Commission today is a letter from Ms. Juliet Moeckel, 305 Lindley Place, dated September 7, forwarding her views on the subject, as well as a copy of the cross-section for the basement which was submitted in conjunction with the application for building permit. He noted that cross-section shows the existing grade approximately halfway up the basement wall and the backfill grade anticipated. Responding to the City Manager, Mr. Sabol stated that construction is still in process; and the backfilling will not be finalized until after construction is complete. Mayor Swanson noted that the issues raised are technical in nature, suggesting that the Planning Director and City Attorney be allowed time to research and respond to them. He asked that the Commissioners forward any additional questions or concerns to the City Manager within .the next few days, so that a decision may be made next week. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Constitution Week" - SeDtember 17-23, 1993 Commission Resolution No. 2935 - amending Resolution No. 2932 to Drovide for a July 1 Dayment date rather than a January 1 Dayment date on bonds for SDeciallmDrovement District No. 656 COMMISSION RESOLUTION NO. 2935 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 656 BONDS; AMENDING RESOLUTION NO. 2932 TO PROVIDE FOR JULY 1 PAYMENT DATE. Award bid - two 1994 four-door sedan Dolice cars - Connell Chevrolet-Buick. . Inc., Bozeman. Montana - $29.699.44 Acknowledge receiDt of reauest for Dermission to connect prooerty located outside city limits to City sewer system - Dr. and Mrs. Ronald WoodY. 27589 West Frontage Road: refer to staff Acknowledae receiDt of aDDlication for annexation - Virginia L. Barfknecht - 10-acre Darcel located in the E%. W%. NE~. SW~. Section 11. T2$, R5E. MPM (south side of West Babcock Street, north of the Main Mall. 09-07-93 - - 5 - west of the Barrick Annexation and east of the Schrenk annexation reauest: refer to staff Authorize City Manaaer to sign - Change Order No.1 - SID No. 657. Davina of lexinaton Drive - Figgins Sand and Gravel. Bozeman. Montana - add $5.646.80 and 1 calendar day Authorize eXDenditure of $2.000 from City Commission budaet unit to fund . Dortion of "We Share the Road" camDaign It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Break - 3:55 to 4:00 c.m. Mayor Swanson declared a break from 3:55 p.m. to 4:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. .work session re affordable housing Since this discussion occurred in a work session setting, minutes are abbreviated. City Manager Wysocki reminded the Commission that they had set aside this time for a work session to review affordable housing issues. Mayor Swanson asked the individuals present to introduce themselves. In addition to the five City Commissioners, Neighborhood Coordinator/Grantsperson James Goehrung; County Commissioner Jane Jelinski; John Plummer, Bozeman Interfaith Housing; Caren Couch, HRDC; Cindy Pavao, developer; Fred Kirkland, realtor; Jeff Rupp, HRDC; Robb Tallon, Reach; Marcia Youngman, HRDC; Michael Garrity, developer and representative of Southwest Montana Homebuilding Industry Association; Jenny Borland, project coordinator for Habitat for Humanity; and Vern Klingensmith, realtor, were present. . Coordinator Goehrung facilitated the discussion. He noted that the Commission has recently appointed a task force to review the issue of affordable housing. He stated that at the task force meeting of August 26, the diversity of the group was very clear. He noted that while this will help to ensure that all angles of the issue are addressed, it may make consensus on specific items much more difficult. He stated that at their next meeting, which is to be held on 09-07-93 ...-------..- - -.-.-- - 6 - September 23, the task force will attempt to arrive at a definition for lIaffordable". He also indicated at that meeting, there will be a forum to include a banker/realtor, builder/developer, a non- profit, an accountant and someone from the modular/mobile home industry, to present their viewpoints. . The Coordinator stated that, in addition to Commission support, the issue of addressing I the affordable housing problem has the interest of the County Commission and private non~profit organizations. He noted that options considered to date include the possibility of a 1 O-percent set aside for all developments. The Coordinator stated that the County Commission is beginning to address the issue of affordable housing in their jurisdiction; and he is currently assisting them with a needs assessment. Coordinator Goehrung stated he is gathering information from other communities in the state as well as in the country, in an attempt to determine what might be most effective for this community. He noted that a 6-percent non-occupancy rate in housing in a community is optimum for the housing market. This allows for some competitiveness in the market and ensures that the landlords maintain the units. He stated that in Bozeman's current situation, there is essentially no .non-occupancy rate; and anything can be rented, no matter what its condition might be. Mr. John Plummer reviewed the status of the Bozeman Interfaith Housing efforts, noting the group was formed only five months ago. He stated that they are not affiliated with any specific church, but their funding has been derived as a result of their approaching many different churches. He noted their emphasis is on rental housing; and their initial project is for a nine-unit project at the intersection of North 4th Avenue and Peach Street. He stated that the purchase price of the land is $50,000; and they have raised $32,000 of that cost to date. He noted that other sources of income will include a Montana Board of Housing loan and a possible grant through the State, to be applied for by either the City or the County. He stated that, based on the median income for Gallatin County, rents for two-bedroom units will range from $232 to $465 per month and for three-bedroom units will range from $258 to $516 per month. . Mr. Michael Garrity stated that a portion of the people who are unable to purchase a home lack a downpayment. He noted that FHA has a ceiling of an $85,000 loan on a home in Bozeman; and while a family might Qualify to make the payments on that amount, they may not be able to come up with a $15,000 downpayment to get into the house. 09-07-93 -- - 7 - Responding to Commissioner Vincent, Mr. Garrity stated that the typical down payment on a house today is 3 to 5 percent of the sales price plus closing costs. He then provided some historical perspective on home loans from the early 1930's to present, and how the standards and requirements have changed. . Ms. Caren Couch, HRDC, stated that two years ago, an average home in Bozeman cost $86,000, which is unaffordable to 60 percent of the population. Mr. Jeff Rupp, HRDC, provided a brief history of their experience with affordable housing. He noted that they purchased two lots in Valley Unit Subdivision in an effort to generate some low- income housing; and that attempt was rather unsuccessful. He noted that they have been working with Tim Dean and Jim Syth, two local contractors, and as a result of their advice, are currently pursuing a 10-acre low-income housing project. He noted the difficulty in making units affordable, even with grants and fee waivers and leasing the land on a 99-year lease to ensure that affordability is maintained. Mr. Rupp noted the rapid growth which Gallatin County is experiencing, and the fact that a recent article in Time magazine projects 100,000 people in the valley by the turn of the century. .He suggested that with this rapid rate of growth, the possibility of a "moratorium" should be considered to ensure that the infrastructure is adequate to accommodate that type of population. Mr. Robb Tallon, Reach, stated his organization addresses the needs of people with disabilities. He noted that, while housing is not their business, their clients are very low-income persons who can easily be displaced because of the lack of affordable housing. Ms. Jenny Borland, Habitat for Humanity, stated they are currently building their third home in the Gallatin Valley. She stated their major problem has been acquiring land on which to build. She noted that they receive no government funding; and most of their materials and labor are donated. Mr. Michael Garrity, representing the Southwest Montana Homebuilding Industry Association, stated that those who are actively involved in residential housing are acutely aware ef the rising costs. He noted that more than 99 percent of the housing built in the community has been built by the private sector. He does not believe that "affordable" means "subsidized". He noted there is a finite amount of money available for subsidy; and there are many restrictions attached, which can make the process of getting people qualified rather difficult. He stated that affordability is not determined by just the price of the house, but financing and artificial limits set 09-07-93 .._.~ - ._-~... - 8 - on the amount that will be loaned on a house in a given area can impact it as well. He recognized the need to increase the supply of housing in the community, noting the Homebuilders are interested in addressing that need. He further noted the Homebuilders recognize that many of the problems occurring at the local level are the result of recent actions taken in Washington, D.C. . Mr. Vern Klingensmith stated he has been involved in the Habitat for Humanity program and is involved in the Bozeman Interfaith Housin~ project. He noted the difficulty of getting families qualified for the Habitat program, although he feels that the pride of ownership is important. He also noted interest in the Bozeman Interfaith Housing efforts, particularly since investors have lost the tax incentives to become involved in rental housing. He noted that many people in the community earn $5 to $6 an hour and cannot afford to rent a house anymore, let alone make the down payment on a home. He stated that businesses need to be able to hire in this salary range; and as the community continues to grow and more businesses move in, the problem of affordable housing will only be compounded. Coordinator Goehrung raised the issue of homeless housing. He also noted that displaced persons, such as elderly and those on fixed incomes who are unable to afford increases in rent at etheir present locations and transitional families, should be considered in this process as well. County Commissioner Jane Jelinski stated they are currently trying to determine whether they should use MSU marketing students or a consultant to conduct a survey to gather data on housing. She noted that they currently have a home which houses five individuals with serious mental illnesses; however, they have been given notice that the house will no longer be available because it is on the market. Responding to Mayor Swanson, Mr. Garrity indicated that a 10-percent set aside may not be the most appropriate means to address this problem. He noted that people in $110,000 to $120,000 homes often object to less expensive houses being constructed in their subdivision; and 10 percent of a 30- to 1 DO-dwelling unit development does not generate a significant number of affordable units. He then cited the financial problems which were incurred in the Dickinson Manor epartment project, which would have added 160 more rental units in the community. He suggested that finding ways to overcome the roadblocks which the private sector encounters would generate more units faster than a set aside program. City Manager Wysocki noted this is not a new issue and, though it has been discussed extensively, no one from the private sector has stepped forward in an attempt to address it. 09-07-93 --.. - 9 - Mr. Garrity noted Jeff Rupp's comment about the difficulty of building affordable housing; and his figures are sans developer profit and sans developer overhead. He also noted the consumer expectations, suggesting that those expectations may need to be changed before lower cost housing can be constructed and marketed. He further noted the tendency of banks to maintain .... traditional thoughts, suggesting they should be encouraged to accept new and innovative programs. Mr. Rupp stated that the banks have co-operated well with him on the financing of their low-income housing project, agreeing to carry $1 .5 million in mortgages locally. He then noted the importance of developing a solution to a community problem, suggesting that type of marketing is also attractive to the banks. Ms. Cindy Pavao stated she has encountered the same type of experiences as Mr. Garrity when trying to finance her affordable housing project. City Manager Wysocki noted, with interest, the fact that no discussion has revolved around the idea of developing a mobile home or modular home park or subdivision. He suggested that this might be a way to create a substantial amount of more affordable housing very quickly. . The issue of cooperation was discussed at length, with recognition to the importance of everyone working together to address the problems. Mr. Garrity aCknowledged that, while some of private developers may be willing to work in a cooperative effort to address the issue, others are not. In response to discussion on the definition of "affordable", Ms. Caren Couch noted that federal standards have already been established. She suggested that, since any financing of an affordable housing project would more than likely involve some type of federal monies, it would be easiest to administer the project if the local standards were the same as the federal standards. She then stated that at the present time, the median income for a family of four in Gallatin County is $27,500, which means they could afford to purchase a $60,000 home. She noted that this information is updated every year. . Mayor Swanson thanked everyone for attending this work session. Recess - 5:30 D.m. Mayor Swanson declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 09-07-93 -..- - 10- Reconvene - 7:00 D.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. This was the time and place set for the public hearing on the variances from Section 18.30.050 requested by Jerry Perlinski, Town and Country Foods, under Application No. C-9311, to allow a new addition to extend 13 feet 6 inches into the required 25-foot front yard setback along North 20th Avenue, and 11 feet 6 inches into the required 25-foot front yard setback along West Beall Street. The subject property is described as Lot 1 of the Amended Subdivision Plat recorded on April 24, 1990 in the Book of Plats on Page 36-F, located in the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly known as 219 North 19th Avenue. ..'. Mayor Swanson opened the public hearing. "- Assistant Planner David Grigsby presented the staff report. He reminded the Commission that they had approved multiple variances for the subject site on March 1, 1993; and a copy of the minutes from that meeting were included in the packet. He further reminded them that those variances included a new addition on the west side of the existing structure which would encroach 8 feet 6 inches into the 25-foot front yard setback; and the applicant now wishes to construct a larger addition that will encroach 13 feet 6 inches into the required 25-foot front yard setback along North 20th Avenue. He stated the applicant also wishes to construct a new addition at the northwest corner of the structure which would encroach 13 feet 6 inches into the required 25-foot front yard setback along West Beall Street. Assistant Planner Grigsby stated that staff has reviewed this application in light of the '.ree criteria set forth in the zoning ordinance and as established by the Montana Supreme Court. He noted the staff findings are contained in the written staff report, briefly highlighting them. He stated the additional 5-foot encroachment along the west side will reduce the amount of space available for landscaping and buffering this business from Kirk Park. He stated the applicant has indicated the additional room will allow space for him to store pallets and shipping containers inside 09-07-93 - 11 - instead of stacking them outside, as they are now. He reminded the Commission that no outdoor storage was approved in conjunction with the previously-approved variances. The Planner stated that staff was unable to identify any additional hardships that literal enforcement of the zoning ordinance would create on this site. He noted that any hardship related .to loading and unloading can be attributed directly to the building design, which could be altered on the interior to accommodate the additional space. He also suggested that these requested additional variances could indicate a potential for overbuilding of the site, and the decrease of landscaping and buffering which will protect the surrounding residential neighborhoods from this commercial use. Planner Grigsby forwarded the staff conclusion that it cannot support the requested variances. He also expressed concern that approval of these requested variances might set a precedent for other B-2 businesses, thus reducing the amount of landscaping and buffering. Commissioner Knapp asked if the code requirements for landscaping could still be met if the requested variances were granted. The Assistant Planner responded that specific setbacks have been included in the zone .code to ensure adequate protection for different abutting uses. He noted that any encroachment into that setback results in condensing the landscaping that is provided. Mr. Jerry Perlinski, President of Town and Country Foods, provided his responses to the three criteria for reviewing requested variances. He stated that, even with the addition on the northwest corner of the building, the recessed area of landscaping on that corner will be approximately two and one-half times the size of the recessed area on the northeast corner of the building. He noted that this addition would extend only to the edge of the current building, and not to the edge of the addition on that side. Mr. Perlinski stated that the original plans were for a larger building than what was proposed under the variances approved on March 1. He noted that they have since discovered that the building was downsized too much to meet their needs; and that is the reason for these edditional requests. He stated that the inside storage of pallets was not contemplated when the initial plans were done; and now there is not adequate storage space. Mr. Perlinski showed the Commission pictures of the pallets and shipping boxes as they are currently stored outside at the west end of the building. He noted that they are gathered through the week and are collected on Fridays; and the result can be unsightly. He stated the 09-07-93 - -- - ~'--._. --- - - 12 - additional interior space would provide for inside storage, in the same area, to shield this unsightly view. Mr. Perlinski stated that the addition on the north end would allow for squaring of the freezer, which make that operation more efficient. He noted the staff findings that the design of _he building could be altered, suggesting that they don't understand his operation. Mr. Jerry Perlinski noted that Kirk Park is located immediately across North 20th Avenue from his property. He suggested that, with that open space so close, allowing his building to encroach five feet closer to the property line will not have any negative impact. He further stated he feels adequate landscaping can be installed in the remaining setback to buffer this business from the park. He stated concern has been raised that approval of this request could set a precedent. He noted this request has much to offer everybody, and he does not feel that many other requests would; therefore, it would not set an undesirable precedent. He then encouraged Commission approval of this application. Responding to Commissioner Frost, Mr. Perlinski stated that the photos he showed the Commission reflect a rather typical Friday. '. Commissioner Frost noted that during the review of the initial variances in March, the architect emphasized that one of the main architectural points of the structure was the offsets in the north wall, to break up its length. He noted that approval of the second requested variance would eliminate one of those offsets and, thus, the architectural value. Mr. Perlinski suggested that, while that is true, adequate landscaping can be included in the recessed areas to mitigate that impact. Commissioner Frost responded that the building in this location is higher than the rest of the structure; and that results in a rather large element being pushed into a straight line rather than offset. Responding to Commissioner Knapp, the Planner stated that since all of the additional square footage in the building would be devoted to storage, no additional parking spaces would be .eqUired. Commissioner Knapp noted the original application for variances, in which the Commission considered six different requested variances involving the entire site, noting that Nos. 5 and 6 pertained to substantial encroachments into the setbacks for the parking lot improvements. She further reminded the Commission that the conditions for approval of those variances included the ลก 09-07-93 ... -. .--- - 13 - requirement that adequate landscape buffering, meeting code requirments, be installed along North 20th and North 19th Avenues. Commissioner Vincent asked if the distance from the north face of the store to the street is greater than or equivalent to the distance from the west face of the store to the street, if these .variances are approved. Following a visual review of the site plan, the Assistant Planner estimated that the distances would be approximately 20 feet on the west and 15 feet on the north. No one was present to speak in opposition to the requested variances. City Manager Wysocki indicated no written comment has been received regarding these requested variances. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the customary one-week waiting period for land use decisions be waived. Since a unanimous vote of the Commission is needed under the Commission's adopted rules of procedure, the motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No being Commissioner Vincent. Mayor Swanson announced that the decision on these variances will be made during the afternoon session of next week's meeting. Public hearing - variance from Section 18.50.030.D. to waive reauirement that a building site within city limits be connected to central sanitary sewer collection system - Jeffrey and Katherine Ball - lots 31-35 and east 6 feet of lots 6-10. Rouse's Second Addition (323 South Wallace Avenue) (C-9309) . This was the time and place set for the public hearing on the variance from Section 18.50.030.0., requested by Jeffrey and Katherine 8all, under Application No. C-9309, to waive the requirement that a building site within city limits be connected to a central sanitary sewer collection system. The subject parcel is described as follows: commencing at a point on the west side of Wallace Street 930 feet south to the southeast corner of Block B of Rouse's Addition, 09-07-93 ---..--.- .-- --.- - 14 - thence southward along the west line of Wallace Street 150 feet, thence westward 196 feet, thence north 150 feet, thence eastward 196 feet, to the point of beginning; and is more commonly known as 323 South Wallace Avenue. Mayor Swanson opened the public hearing. . Assistant City Manager Ron Brey presented the staff report. He stated the subject property is located in an R-3a, Residential-- Two-family, Medium-density, District as well as in a Neighborhood Conservation Overlay District. He noted that the subject parcel is approximately two-thirds acre in size and could accommodate nine dwelling units if a planned unit development were approved for the site. He stated, instead, the applicants wish to construct a new single- family dwelling and a garage with a guest apartment above it on the site. The Assistant City Manager stated that the subject site, which was previously used as the Help Center, contains a single-family home and a shed and is served by a cesspool. He stated the applicants propose to abandon the cesspool and install a septic tank and drainfield instead. He noted, however, that the City's zone code requires that all building sites within city limits be serviced by central water and sewer collection systems. . The Assistant City Manager stated that the properties to the north and the south of the subject site are currently serviced by septic tank systems, which have registered no problems with . the County Health Department since the mid-1960's; and the next parcel to the north is serviced by a private line from the sewer line in South Church Avenue. He stated that the City's Water/Sewer Department suggests it would be most appropriate to extend the sewer main in South Wallace Avenue, which ends approximately 550 feet from the subject site, to the site. Assistant City Manager Brey stated that staff has reviewed this application in light of the three criteria set forth in the zoning ordinance; and those findings are contained in the written staff report. He highlighted those findings, reminding the Commission that the propose of requiring that all building sites in the city be connected to central sewer services is to ensure the safe disposal of wastes and to ensure the public health and safety. He noted that to allow the applicants to enstall a septic tank and drainfield on the subject site will not further the City's objective of extending central sanitary sewer collection into unserviced areas. The Assistant City Manager stated that staff has been unable to identify any physical constraints or other conditions unique to the property which would preclude extension of the sewer line. He reminded the Commission that economic or financial hardships cannot be considered, 09-07-93 ---- .- -- -.. - 15 - unless it can be determined that they are so extensive that the value of the property would be diminished to a point that represents virtual confiscation. He also indicated that, while the installation of a septic system and drainfield would address public health and safety issues, it would not be to the extent that connecting to the City's system would accomplish. . Assistant City Manager Brey stated that, based on the above findings, staff cannot support the requested variance. Mr. Jeff Ball, applicant, stated that the proper legal description for the subject property is the metes and bounds description contained in the staff report, not the reference to lots within a subdivision, as shown in the header for this agenda item. He stated that the subject property has been a designated building site in the city since the 1870's and is an historic piece of property. He noted that it was created before Rouse's Second Addition was created; and he and his wife have changed its legal description to the metes and bounds description since the acquired the parcel. He emphasized the importance of recognizing the historic residential use of this site, noting it is not a newly-created building site. Mr. Ball then provided his responses to the three criteria established in the zoning .ordinance. He emphasized the fact that they propose to replace an existing single-family residential structure with a new single-family residential structure. He noted that with the new structure, they also wish to install a new septic tank system and drainfield to replace the old cesspool, which staff acknowledges will be an improvement to the existing situation. He stated that the design for the system must be approved by the County Sanitarian before it can be installed, to ensure the safe disposal of waste. He reiterated their intent to only construct a single-family residence and a guest apartment, with no further development of the lot anticipated. Mr. Ball reviewed the surrounding land ownerships and uses, noting that most of the surrounding land is either owned by the City and used as parkland or is old railroad right-of-way. He stated that this area will probably not develop any further than it already has and questioned the need to extend the sewer line for only one parcel. He suggested these circumstances create . special situation that should be considered when addressing the issue of hardship. Mrs. Katherine Ball stated that at the time South Wallace Avenue is improved to a City standard, with curbs, gutters and sidewalks, and the sewer main is extended, they would be willing to tie onto the City sewer. She stated, in the meantime, she does not feel it is appropriate for them 09-07-93 - 16 - to be required to extend the sewer main and sewer line a total of 550 feet, at an estimated cost of $24,000. Mr. Jeff Ball stated that, given the hillsides, creek and riparian zone in the immediate area, it would be extremely difficult for more development to occur that would utilize sewer services. .He suggested that, because of these facts, a unique set of conditions exists and should be taken into consideration in review of this variance. He reiterated the fact that this is not a new development but is an existing use that has been there for 120 years. He stated that by not allowing them to use a septic tank and drainfield, the City will be denying he and his family the right to use and enjoy the property they have purchased for their personal home. Mr. Ball stated he feels that his proposal to install a septic tank and drainfield meets the spirit of the zoning ordinance and adequately addresses the issues of public health and safety. Mr. Ball then read from Section 18.42.010, as follows: "In view of the fact that most of the area included within the boundaries of the Conservation District was developed and built out prior to the adoption of zoning and contemporary subdivision regulations, construction, development pattern and range of uses is highly diverse and frequently not in compliance with .onventional regulatory requirements. This chapter recognizes that this diversity is a major contributing element of the historic character of these neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will encourage the protection and enhancement of the many diverse features for future generations." He suggested that, in light of this statement in the "Intent and Purpose" section for the Neighborhood Conservation Overlay District, a nine-unit planned unit development would not be in compliance with the zone code. Mr. Ball stated that he and his wife banked on erroneous information from the City when they purchased this property. He noted that having their home on this property has been their "American dream"; and that is in jeopardy because of the potential requirement to connect to City sewer services, at a high cost. Mr. David Jones, environmental engineer and acquaintance of Mr. and Mrs. Ball, stated .heir environmental ethic is high. He noted their original intent was to use the existing house on the site; however, inspections revealed that its condition is too poor to warrant preservation. He further noted that they had intended to install composting toilets, with only the gray water going into the sewer. He noted that, after City staff discouraged the idea of composting toilets, they decided to use conventional facilities. 09-07-93 -'~. ---.-.. ., -- ._-~- - 17 - Mr. Jones stated that septic systems do have an effect on groundwater, at least to some degree; however, he indicated that the waste water treatment plant has an impact on the surface water to some degree. He stated that his first choice would be the conventional sewer system and the conventional treatment system; however, under these circumstances, he feels that the _nstallation of a septic tank and drainfield system would be the best because of the hardship created by extending the sewer line. He then stated his intent to design the septic tank and drainfield system, to a standard well above the minimum standards adopted by the County, to ensure any impact to the groundwater is minimized. Responding to Mayor Swanson, the Assistant City Manager stated that he did talk to Director of Public Service Forbes about the information he had given the Balls. He stated that the Director concurs with the response that he provided, noting he was aware of the existing house on the site. He was not aware, however, of the applicants' intent for additional development; and that additional information would have resulted in a different response. He then indicated that the applicants may make changes on the site, as long as none of those changes trigger the building permit process; and that might include conversion from the cesspool system to a septic tank and edrainfield system. Responding to questions from Commissioner Stiff, Mr. Ball stated that in 1876 or so, Mr. James Rouse deeded the subject parcel to Peter Koch; and it was described by the metes and bounds description until the 1960's, when Mr. Don Nash purchased and recorded the parcel under the lot and block description. Mrs. Katherine Ball stated that part of the reason that they changed the legal description back to the metes and bounds description was to ensure that it is considered as only one parcel. She noted this was based on a conversation with Director of Public Service Forbes and City Engineer Brawner, at which some concern was expressed about the potential of having a new structure built on a lot line or the potential for dividing the parcel and selling a portion of it. She noted that since it is their intent to utilize the entire parcel for their single-family residence, they .oncur that having it described as a single parcel is in everyone's best interests. Responding to Commissioner Vincent, the Assistant City Manager stated that any zone code allows for unique hardship on a parcel; however, economic hardship cannot be considered under the Montana Supreme Court criteria, unless it essentially results in confiscation of the property. 09-07-93 ~ .....:. -----.--..... -- --- -. ---...- - 18 - Responding to the City Manager, the Assistant stated that if a lot is on central water, it must be on at least a half-acre lot to utilize a septic system. Responding to the City Manager, Mr. Jones stated the proposed septic system would be 200 to 250 feet from the creek. . The City Manager expressed concern about approving this requested variance. He noted the intent to is replace old systems by connecting all properties to the City's central services; and allowing a septic system at this time could make it that much longer before this parcel is connected to those central services. He reminded the Commission that anything less that service by a central system is considered substandard in an urban setting. Responding to Commissioner Knapp, Mr. Jones stated the existing cesspool is to be dug out and backfilled. Responding to questions from the Mayor, Mrs. Katherine Ball stated the existing structure is not habitable. She then stated that when she was talking to the Director of Public Service prior to their purchasing the property, she did not mention any possibility of building a new house because she did not know that at the time. She stated at that point, they were anticipating living en the existing home. She noted that it was only after they purchased the property at auction that they discovered the extent of disrepair in the existing house and realized the construction of a new home would be necessary. Responding to the Mayor, Assistant City Manager Brey stated that while he does recognize unique characteristics in the subject site, they are not the kind that provide a basis for granting a variance. He noted that the sewer line can easily be extended 550 feet along the South Wallace Avenue right-of-way with no physical problems. Commissioner Frost suggested that a condition for approval of this requested variance might be that the property must hook up to City sewer if greater than a single-family residence is proposed for the site. The Assistant City Manager suggested that the issue of the guest apartment should be earefUIlY addressed, particularly from the standpoint of entitlement of a future landowner. City Manager Wysocki asked if the applicants would consider installing the sewer line with a provision for paybacks. Mrs. Ball stated her concern is when that payback might occur, given the status of each of the parcels between the end of the existing sewer trunk line and their property. 09-07-93 - --.-----.- -.-------.---.---- - 19 - The City Manager asked if the applicants would be willing to pay their proportionate share of the costs; Mrs. Ball responded by asking if the City would be willing to extend the line to within 100 feet of their property. City Manager Wysocki then reminded the Commission of their recent discussions and _eCision on the Burkes' request for permission to install a septic system for their private lots until the City's system is extended to their property. He noted the importance of consistency in making decisions. He also questioned the wisdom of adding to the groundwater in an area that may be designated as a superfund site. Mrs. Ball forwarded her position that this application is completely different from the request forwarded by Mr. Burke, mainly because of location and topography. City Manager Wysocki stated no written testimony has been received. No one was present to speak in opposition to the requested variance. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor .wanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the customary one-week waiting period for land use decisions be waived. Since a unanimous vote of the Commission is needed under the Commission's adopted rules of procedure, the motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No being Commissioner Frost. Mayor Swanson announced that the decision on this variance will be made in the afternoon session of next week's meeting. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Letter of thanks from Betty Nason, Chair of the Taste of Bozeman, dated August 31, 1993. t09-07-93 --....--....--.... -..-..--- - 20 - (2) Letter from Ralph A. and Vanona F. Olson, 1605 Kagy Boulevard, dated August 31, 1993, regarding the extension of Kagy Boulevard. (3) Copy of a letter from Montana Power Company to Anita Johnson, Accounts Payable Clerk, announcing that street lighting rates will increase by 15 percent, as the result of an _Iectric allocated cost of service/rate design study. \\ Commissioner Frost asked if the City is responsible for notifying those within lighting districts of this increase; the City Manager responded that is Montana Power's responsibility. Commissioner Vincent asked if a lighting district can be discontinued. The City Attorney indicated he would need to research how they were created. He then cautioned that if a lighting district is discontinued, the street lights will be removed. (4) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today in the Carnegie Building. (5) Agenda for the Design Review Board meeting which was held at 3:30 p.m. today in the Carnegie Building. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on .wednesday, September 8, in the Commission Room. (7) Agenda for the County Commission meeting which was held at 1 :30 p.m. today in the Courthouse, along with daily minutes for the week of August 23, 1993. (8) The City Manager submitted his weekly report, as follows. (1) Announced that on Friday, a fairly substantial leak was detected in the 30-inch transmission line from the Water Treatment Plant to the city. He noted that the old 24-inch transmission line is still located along the other side of Sourdough Road; and the flow will be switched to that line until it can be determined how the leak, which is in the bottom of the pipe, is to be fixed. (2) Noted the chip and seal project in Valley Unit Subdivision was washed out and will be redone next year when the weather is warm. (3) Announced that Fire Chief Aaron Holst attended the International Fire Chiefs' Association annual conference in Dallas last week, where he made a presentation on fire inspection end prevention programs. (4) Met with a graduate engineering student last week to discuss ways to get impressions for crosswalks and traffic lanes which will last longer than paint. He stated that she is to begin research now, and have a proposal by the end of the calendar year. (5) Stated many summer projects are being wrapped up now. (6) Stated he has received the first billing for construction on the Law and Justice Center. He also indicated that the County has purchased 09-07-93 . - 21 - pews from the Methodist Church, which will be used in the court rooms. (7) Reminded the Commission that the Interagency Breakfast is tomorrow morning at 7:00 a.m. (9) Commissioner Knapp reported that she had attended the Beautification Advisory Board meeting, noting there was considerable discussion about the sculpture but no decision made. . (10) Commissioner Frost submitted the following. (1) Spent two mornings and one afternoon at Karst Stage, watching the buses. He noted that he passed along a couple safety concerns which are not a part of the conditional use process. (3) Stated that he knocked on doors in the northeast area, where a retired builder immediately told him that government over-regulates businesses and then promptly said something has to be done about Karst Stage. (11) Commissioner Stiff stated that he drove through Yellowstone Village this past week; and that brought back memories of the City's experiences with Valley Unit Subdivision. He also noted that he toured Grizzly Park. He stated that his travels also took him to Great Falls, where they are doing a nice job on curb cuts. He also noted that he heard County Commissioner Jelinski give an excellent presentation at Rotary. (12) Clerk of the Commission Sullivan reviewed the agenda for the upcoming meeting. . (13) Mayor Swanson submitted the following. (1) Reminded the Commissioners of the Montana League of Cities and Towns conference to be held in Great Falls on October 6 through 8, indicating he will be unable to attend. Commissioners Frost, Knapp and Vincent indicated they will be attending. (2) Asked when the widening of West Babcock Street between South 11th Avenue and South 19th Avenue will be completed, noting it will be a great improvement, particularly for pedestrians. (3) Announced that the Mount Ellis/Bozeman Creek Study Group, which has been meeting for nearly four years, will be meeting with Governor Racicot on September 21. (4) Distributed copies of the final logo for the "We Share the Road" program. He also reminded the Commission of the public forum scheduled for September 23. (5) Met with Dale Johnson, Gallatin County Health Department, last week to continue working on the job description for the person to be hired to complete the groundwork for a water quality district. He stated that eey hope to have the job description completed in another meeting or two and to have the position filled within six weeks. 09-07-93 - 22 - Adjournment - 9:13 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, . Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. ~~o~ ATTEST: (l~J b~ ROBIN L. SULLIVAN - Clerk of the Commission . . 09-07-93