HomeMy WebLinkAbout1993-07-19 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 19, 1993
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
\ Municipal Building, July 19, 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 - Julv 12. 1993
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes
of the regular meeting of July 12, 1993, be approved as submitted. 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.
Deviation from Section 18.18.050. to allow new gable roof on existina structure to encroach two
feet into the required eiaht-foot side yard setback - Phvllis Wiersma. 220 South Bozeman Avenue
(2-9374)
City Manager Wysocki reminded the Commission that a three-member Commission had
acted on this request at its regular meeting of June 21 and, subsequently, the Commission voted
to reconsider the request.
Assistant Planner Dave Grigsby briefly reviewed the staff report dated June 17, which had
been previously submitted to the Commission. The requested deviation would allow the
construction of a new gable roof on an existing detached structure at 220 South Bozeman Avenue,
ahiCh lies between the house at the front of the property and the garage at the rear. During the
review process, concerns were raised by neighbors about parking issues; and it was brought to
staff's attention that the basement was being illegally rented out as a second unit in the house.
As a result of the review, staff recommended approval of the deviation, subject to three conditions.
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The Planner reviewed the memo dated July 15, which forwards additional input as a result
of posting the property for this meeting. He noted that staff has received two telephone calls and
one letter. In those responses, concerns were raised about parking and how this proposed guest
house may further impact those problems; the potential that the "guest house" would actually
e:ecome a rental unit; and sewer problems in the area. The Planner stated that the subject property
as an existing double-car garage and space for two vehicles behind it, which meets parking
requirements for the subject site. Also, the sewer line to which reference is made in the letter is
located in South Black Avenue; and no problems have been identified in the sewer main which
services the subject site.
Assistant Planner Grigsby stated that, as a result of this additional review and input, staff
would recommend that a fourth condition be attached to approval of the requested deviation, that
would require a deed restriction be filed to ensure that the existing house be used as a single-family
structure and that the accessory structure remain as a "guest house".
Responding to Commissioner Frost, Planner Grigsby stated that the applicant has given
the residents in the illegal apartment notice to vacate; however, he is uncertain of the timetable
.nvolved.
Responding to Commissioner Knapp, the City Manager stated that since this is a land use
issue, the approval and conditions run with the land rather than with the ownership.
Mrs. Phyllis Wiersma, applicant, stated that she and her husband work in California eleven
months each year, taking the month of August to vacation and camp in the Bozeman area. She
informed the Commission that she was raised in Bozeman, with family still here; and they have
purchased the subject property as a place to retire. She explained that, in the meantime, they wish
to renovate the existing accessory structure, which is 20 feet by 20 feet, and use it as a place to
stay during their month-long vacation, particularly if the weather is inclement. There was a
bathroom in the building at one time; and they plan to install a new bathroom in the structure
during renovation. She noted that this structure is intended only for spending the night, not for any
.ype of long-term use. After they retire, she and her husband plan to live in the house and either
use the accessory structure for storage or possibly to provide space for their parents. She stated
they have no intention of renting the guest house out at any time.
Mrs. Wiersma stated that she and her husband purchased the subject property in January
and were unaware of the illegal basement apartment use. She indicated that on Friday, Mr. Bob
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Davies, manager of the property, has given those renters notice that they must vacate by August
16. She indicated that new sewer service will be provided to the house, as identified by Planner
Grigsby; and they will comply with all ordinance requirements. She noted her desire to be a good
neighbor and not cause problems in the area.
. Mr. Bob Davies stated the house has been used as a duplex in the past; and the building
. In the back had been rented separately. He stated that the current condition of the accessory
building is deteriorated, making it quite hazardous.
Responding to Commissioner Knapp, Mrs. Wiersma stated she understands and accepts
the conditions recommended for approval of this application.
Mr. Allen Dunayer, 224 South Bozeman Avenue, stated he forwarded his concerns when
this item previously appeared before the Commission. He once again registered his concern that
to allow a rental downstairs and one upstairs and then allow the guest house, which could easily
be converted to another rental unit, would result in overdevelopment of the site and negatively
impact the surrounding neighborhood. He stated that conversations with Mrs. Wiersma have
served to alleviate many of those concerns.
. Mr. Dunayer stated that he has lived in his present home for three and one-half years. He
noted that during that time, the people who live in the house have rented out one room, with that
individual eating meals with the family; however, at no time has the downstairs been rented as a
separate unit as it is now.
Mr. Dunayer stated Mrs. Wiersma's property has a 50-foot street frontage; and in the R-3a
zoning district, the code requires a 60-foot-wide street frontage. Also, in the R-3a district, a 40-
percent lot coverage is allowed. Mr. Dunayer noted that, when it is actually calculated, that
represents a substantial amount of lot coverage.
Mr. Dunayer stated that if Mrs. Wiersma is willing to accept the conditions for approval
of this application, he is willing to compromise and accept the proposal.
Responding to Mayor Swanson, Planner Grigsby stated that a legal apartment could be
.lIowed in the basement of the primary structure if the applicant goes through the proper process.
He noted that it would involve a deviation to the street frontage requirements. He reminded the
Commission that the lot coverage is an existing condition; and the applicant is not asking to change
that.
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Commissioner Frost acknowledged that if any additional deviations are sought, they must
go through the process, which includes review and approval by the Commission. He stated that
this proposal will not negatively impact the fabric of the neighborhood.
Commissioner Vincent noted that he had originally voted against this application; however,
_ince then, the applicant has taken many steps to work with the neighborhood and explain her
proposal. He noted that has resulted in an application he can now support.
Mayor Swanson stated his support for approval of this application, noting that in Planner
Grigsby's memo, he indicated the proposed guest house would have little or no additional impact
on the neighborhood. He also stated that to allow the requested guest house will result in
improvement to an existing building.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
Commission approve the deviation from Section 18.18.050 of the zone code, as requested by
Robert and Phyllis Wiersma, under Application No. 2-9374, to allow a new gabled roof on an
existing structure at 220 South Bozeman Avenue to encroach two feet into the required eight-foot
side yard setback, subject to the following conditions:
. 1. That the "leveled" walls will be re-stuccoed or finished to match the
rest of the structure's exterior;
2. That the "guest house" meet, and be used in compliance with, all
applicable code requirements;
3. That the rental of the illegal basement apartment be discontinued
immediately, and until such a time as the basement apartment has been
reviewed and approved by the appropriate City departments, prior to
issuance of a building permit; and
4. That the applicant file a deed restriction on the subject property with
the County Clerk and Recorder, prior to issuance of a building permit
that restricts use of the property to that of a single-family residence
and "guest house" in conformance with all applicable City zoning
codes, and that the deed restriction be revocable only upon review and
approval by the City Commission.
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
eoting No, none.
Reauest for modification of conditions for aDproval of Dreliminarv Dlat for West Park Manor
Subdivision No.4 (North 23rd Avenue) - Western General EnterDrises
City Manager Wysocki submitted to the Commission a memo from City Attorney Luwe,
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dated July 18, requesting that this item be removed from the agenda. He stated that, based on
the memo, he is removing this item from the agenda.
Commission Resolution No. 2924 - establishing an initial land use designation of "urban residential
infill" on 10.0 acres located in the W% of the NE%. Section 11. T2S. R5E. MPM (north side of
_00 block of West Babcock Street)
City Manager Wysocki presented Commission Resolution No. 2924, as approved by the
City Attorney, entitled:
COMMISSION RESOLUTION NO. 2924
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE
BY ESTABLISHING AN INITIAL LAND USE DESIGNATION
OF "URBAN
RESIDENTIAL INFILL" ON 10.0 ACRES LOCATED IN THE WEST % OF THE
NORTHEAST % OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
In response to Commissioner Vincent, the City Manager stated that the subject 1 a.a-acre
tract is located along West Babcock Street and is the site where the Human Resource Development
Council proposes to construct a low- and moderate-income housing development. He
recommended that the Commission adopt this resolution, which will finalize the master plan
.mendment.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 2924, establishing an initial land use designation
of "urban residential infill" on 1 0.0 acres located in the West half of the Northeast quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost,
Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none.
Ordinance No. 1369 - zone maD amendment - establishina an initial zoning of R-3. Residential--
Medium-densitv. on 10.0 acres located in the W% of the NE %. Section 11. T2S. R5E. MPM (north
side of 2300 block of West Babcock Street)
. City Manager Wysocki presented Ordinance No. 1369 as approved by the City Attorney,
entitled:
ORDINANCE NO. 1369
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN ZONE MAP BY ESTABLISHING AN
INITIAL ZONING DISTRICT DESIGNATION OF "R-3" ((RESIDENTIAl--MEDIUM-
DENSITY) ON 10.0 ACRES LOCATED IN THE WEST % OF THE NORTHEAST %
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OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL
MERIDIAN, GALLATIN COUNTY, MONTANA.
The City Manger reminded the Commission that the public hearing on this requested zone
map amendment was conducted, and the Commission voted to approve the amendment. He
recommended that the ordinance enacting that amendment be adopted at this time and that it be
.rought back in two weeks for final adoption.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the
Commission provisionally adopt Ordinance No. 1369, establishing an initial zoning of R-3,
Residential--Medium-density, on 10.0 acres located in the West half of the Northeast quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, and that it be brought
back in two weeks for final adoption. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner
Knapp and Mayor Swanson; those voting No, none.
Authorize $841.964.37 eXDenditure from Water Fund to satisfy Supreme Court iudgment in Story
Construction vs City
. City Manager Wysocki submitted to the Commission a memo dated July 16. in which he
forwards the pertinent information.
Responding to Commissioner Vincent, City Attorney Luwe provided a brief overview of
this judgment. He stated that the City went through a District Court hearing; and a decision was
rendered in the total amount of $950,000. He noted that, based on several issues, the City
appealed that decision to the Montana Supreme Court. Following its review of the case, the
Supreme Court reversed the $100,000 judgment against the City Engineer, thus reducing the
award to $850,000, less the $8,035.63 awarded to the City for damages. The City has until
August 2 to pay the judgment; and if payment is not made by that date, interest will begin to
accrue, at the rate of 10 percent back to the initial date of award, which was two years ago. The
City Attorney indicated that the Supreme Court decision is available in his office for Commissioner
.review.
Responding to Mayor Swanson, the City Attorney stated that the City has filed litigation
against the insurance carrier for not providing the City's defense in its two appeals to the Supreme
Court. He noted that any monies awarded the City will reduce the net amount of the City's costs
for this judgment.
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Responding to Commissioner Frost, City Attorney Luwe estimated it will take two to five
years to resolve the City's litigation against its insurance carrier.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the
Commission authorize the $841,964.37 expenditure from the Water Fund to satisfy the Supreme
.ourt judgment in the Story Construction vs the City case. 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 - 4:03 to 4:10 D.m.
Mayor Swanson declared a break from 4:03 p.m. to 4: 1 0 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
ADDointment to City-County Planning Board
It was moved by Commissioner Knapp to nominate Michael E. Vincent to the City-County
Planning Board.
. Since there was only one nomination. it was moved by Commissioner Vincent. seconded
by Commissioner Knapp, that the Commission appoint Michael E. Vincent to replace Noreen
Alldredge on the City-County Planning Board, with a term to expire on December 31, 1995. 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.
ADDointments to the Design Review Board
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that Richard
Parrish be appointed to replace Bennett Tintinger as a Professional Architect on the Design Review
Board, with a two-year term to expire on June 30, 1995. The motion carried by the following Aye
end No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner
Stiff and Mayor Swanson; those voting No, none. Commissioner Vincent abstained.
It was moved by Commissioner Frost, seconded by Commissioner Stiff, that Roger Cruwys
be appointed to replace Wade Kumlien as Landscape Architect on the Design Review Board, with
a two-year term to expire on June 30, 1995. The motion carried by the following Aye
and No
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vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner
Vincent,
Commissioner Knapp and Mayor Swanson; those voting No, none.
Discussion - FYI Items
_terns. City Manager Wysocki presented to the Commission the following "For Your Information"
( 1 ) Notice of the District 10 meeting
for the Montana league of Cities and Towns,
to be held on Thursday, July 22, at 1 :30 p.m. at City Hall.
(2) Agenda for the County Commission
meeting to be held at 1 :30 p.m. on Tuesday,
July 20, along with daily minutes for the week of July 5, 1993.
(3) Agenda for the City-County Planning
Board meeting to be held at 7:00 p.m. on
Tuesday, July 20, in the Commission Room.
(4) Agenda for the Development Review
Committee meeting to be held at
10:00 a.m. on Tuesday, July 20, at the Carnegie Building.
(5) Copy of a letter from the Clerk of
the Commission notifying property owners
.'ong specifically identified streets of the requirement to install new sidewalks.
Clerk of the Commission Sullivan stated that 183 letters are being mailed
today, to those
property owners who have been identified as lying along those streets identified by the Commission
at its meeting held three weeks ago.
(6) The City Manager submitted his weekly
report, as follows. (1) Distributed copies
of a worksheet reflecting the amount of waste that has been disposed at the landfill for each month
this year. He noted that Waste Management has dumped approximately 19 percent of the waste,
although the monthly figures have fluctuated dramatically, while the City has dumped 18 percent
of the total at the landfill. He stated that accounts for 37 percent of the total being dumped at the
landfill, with no way for the City to account for the remaining percentage. (2) Announced that dirt
samples were taken from the Bozeman Solvent Site last week, with no official results being
.available as of this date. (3) Announced that the City is recruiting for replacement of a firefighter;
and received 124 applications for the position. (4) Noted that the outdoor swim pool revenues are
down because of the weather. (5) Stated the volumes are up for the compost program, also due
to the weather. (6) Announced that Kyle Harlan has resigned his position as Chief Building Official,
effective last Friday; and the recruitment process for his replacement is currently being considered.
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(7) Met with a large conference group representative and Executive Director for the Chamber of
Commerce, Daria Joyner, regarding a project for next summer; and decided on a project in the East
Gallatin Park.
(7) Commissioner Stiff submitted the following. (1) Gave an update on the status
~ his health, noting his doctor feels he is doing astoundingly well. (2) Indicated his intent to meet
ith the City Manager before Wednesday to discuss his questions about the budget document,
prior to submitting any comments to be considered during the public hearing.
(8) Commissioner Frost stated he spent last week in southern Utah. He noted that
the hot issues in Hurricane included (1) complaints of price fixing on gasoline, since all stations
were selling at the "high price" of $1.16 per gallon and (2) complaints that the County had given
land to Wal-Mart upon which they could build.
(9) Commissioner Knapp submitted the following. (1) Attended the Cemetery Board
meeting on Thursday afternoon. She stated that the Historic Preservation Advisory Commission
will be invited to attend the next quarterly Cemetery Board meeting, since preservation of the old
headstones in the historic portion of the cemetery is desired. She noted that the City's
.Grantsperson will also be in attendance at that meeting. (2) Attended the Library Services Advisory
Council meeting in Helena on Friday, at which she was appointed Chairman.
(10) Commissioner Vincent submitted the following. (1) Has spent time with his
brother this past week, which has resulted in his driving around the community much more than
he typically does. He noted the changes in traffic that have occurred over the past few years, and
the intensity with which people now drive. (2) Has been working with residents in his
neighborhood on a proposal for a traffic circle. (3) Continues to be impressed with the summer
recreation programs sponsored by the City's Recreation Department. (4) Announced that the
Secretary of the State has appointed him to an 11-member ethics advisory council which is charged
with developing ethics legislation for consideration during the next regular legislative session. He
stated that he will be reviewing the City's code of ethics in an effort to determine how it might be
.PPlied at the State level. (5) Noted that Bozeman looks better now than it has for a long time,
with people taking steps to enhance their properties. (6) Stated that the property tax assessment
he received last week for his home reflects a 35-percent increase. He stated that, hopefully,
government entities will take these increases in property values into consideration when
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undertaking their budgetary processes, and lower the mill levies as much as possible. He noted
that, based on his known salary increase, current tax law, the workers' compensation tax, and an
average 30-percent increase in medical insurance premiums, he has calculated his net income for
next year will be less than this year's. He noted that the City does an excellent job with its
.inances; and he feels it should show some sensitivity to the economic plight of its residents.
(11) City Attorney Luwe submitted the following. (1) Has received a copy of the reply
brief in The Chronicle vs the City. He stated that, unless the Supreme Court requires oral
argument, the case will be deemed submitted and a decision should be forthcoming in 90 to 120
days. (2) Spent a substantial amount of time at the Bozeman Solvent Site last week.
( 12) Clerk of the Commission Sullivan stated that, in addition to
mailing of the notices
for sidewalk installation, the other large project in her office this past week was transcription of the
tapes for the Duffy conditional use permit.
( 13) Mayor Swanson submitted the following. (1) He and City Attorney
Luwe have
been in contact with Mr. Burke regarding negotiations for City acquisition of a portion of his
property for park purposes. (2) The second meeting of the ad hoc committee to review
.edestrian/bicyclist/motorist issues was held on Tuesday; and they have set a third meeting to
continue discussions. The City Manager suggested that rollerbladers be added to the group of
users being discussed. (3) Stated he will be unable to attend the MLCT meeting scheduled for
Thursday. (4) Spent most of last week in White Sulphur Springs, Harlowtown and Martinsdale.
He noted that Meagher and Wheatland Counties are two large counties with less than 4,000 people
in them.
(14) Daria Joyner, Executive Director of the Bozeman Area Chamber
of Commerce,
announced that a candidate's forum has tentatively been scheduled for Thursday, September 30,
for those City Commission candidates who will be in the general election.
Consent Items
. City Manager Wysocki presented to the Commission the following Consent Items.
Deviations from Section 18.18.050. to allow new garaae to encroach three feet
into required eight-foot north side yard
setback. and to allow the aravel
driveway to encroach five feet into the
reauired eiaht-foot north side
yard setback - Jerrv Richardson. 322 North
Rouse Avenue: Der DRB
recommendation
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Reauest for Dermission to conduct Sweet Pea '93 Runs - Big Sky Wind Drinkers -
Saturdav. Auaust 7. 7 :30 to 9:30 a. m. - begin on Highland Boulevard
at Recreation ComDlex. Holly. Cherry. Kagy. South 11th. West
Cleveland. South Willson. Babcock. South Church. East Main to Lindlev
Park Center
Authorize City Manager to sign - Annexation Aareement between the City and
Richard and Ann Francis - 10 acres located in the W%. NE%. Section
. 11. T2S. R5E. MPM (HRDC housina Droiect on north side of 2300 block
of West Babcock Street)
Commission Resolution No. 2925 - annexing 10-acre Darcel located in the W%
of the NE%. Section 11. T2S. R5E. MPM (north side of 2300 block of
West Babcock Street)
COMMISSION RESOLUTION NO. 2925
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO
AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE
WEST BABCOCK ANNEXATION AND
HEREIN MORE PARTICULARL Y
DESCRIBED.
Commission Resolution No. 2926 - adoDtina bv reference the Bozeman Urban
Transportation Plan 1991 UDdate with modifications as set forth in
Exhibit "A". and sUDersedina Commission Resolution No. 2911
COMMISSION RESOLUTION NO. 2926
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, ADOPTING BY REFERENCE
THE BOZEMAN URBAN
TRANSPORTATION PLAN 1991 UPDATE, AS PREPARED BY ROBERT PECCI A
& ASSOCIATES, WITH MODIFICATIONS BY ADOPTING THE BOZEMAN URBAN
TRANSPORTATION PLAN 1991 UPDATE WITH MODIFICATIONS, AS SET
FORTH IN EXHIBIT "A",
ATTACHED HERETO, AND SUPERSEDING
COMMISSION RESOLUTION NO. 2911.
ADDointment of Commissioner Frost and Commissioner Stiff to sub-committee
to review Pledged Securities as of June 30. 1993
Award bid - sale of $392.000 bonds for SDeciallmDrovement District No. 656 -
water main in BurruD Annexation - D.A. Davidson at the net interest
cost of 7.239% per bid; authorize Mavor to sian letter of acceDtance
Award bid - construction of SDeciallmDrovement District No. 656 - water main
in BurruD Annexation - Van Dvke Construction. Bozeman - $331.143.50
Authorize writina off of stale NSF check receivables ($968.67), stale dated
warrants ($31.36), stale dated checks ($1.208.15), and stale bond
. aDpearance checks ($314.12)
Claims
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
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voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner
Frost and Mayor Swanson; those voting No, none.
Recess - 4:34 D.m.
. Mayor Swanson declared a break at 4:34 p.m., to reconvene at 7:00 p.m. for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 D.m.
Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the
scheduled public hearings.
Continued Dublic hearing - Conditional Use Permit - Steve SDarks - to allow the construction of a
5.077-sQuare-foot office building on Lot 1. Reminaton Subdivision (1822 West Lincoln Street)
(Z-9375)
This was the time and place set for the continued public hearing on the Conditional Use
Permit requested by Steve Sparks, under Application No. Z-9356, to allow the construction of a
e5,077-square-foot office building on Lot 1, Remington Subdivision. The subject parcel is more
commonly located at 1822 West Lincoln Street and is zoned R-4, Residential, High-density District.
Mayor Swanson reopened the continued public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that this
application is to allow construction of a second office building on the property located at the
southeast corner of the intersection of South 19th Avenue and West College Street. This property
was the subject of a conditional use permit in 1988, at which time two professional office buildings
were approved. The first building was constructed in 1989, along with all parking lot and
landscape improvements for both buildings, along with sidewalks; however, the subject building
was not completed by the April 1992 expiration of the conditional use permit.
Planner Arkell stated that the appearance of the proposed structure is to be very similar
.0 the existing building, including cedar siding and shake shingles on a 6: 12 pitched roof with 8: 12
pitched gables and a roof overhang.
Planner Arkell stated that, since the subject property lies within the South 19th Avenue
entryway corridor, the Design Review Board has reviewed this application and determined that it
generally complies with the general design criteria and design standards of the zone code as well
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as the Design Objective Plans. Also, the structure and site improvements appear to be well
integrated into the area. She stated that the DRB recommended the Commission approve the
following deviations to allow the signage on the site to exceed code requirements:
1. The maximum square footage of the signs for the entire site be
increased from 32 square feet to 38.4 square feet;
. 2. The size of the existing freestanding sign be increased from 12 square
feet to 14.4 square feet; and
3. The height of the existing freestanding sign be increased from 5 feet to
6 feet.
The Planner noted that the amount of signage allowed on the subject site is low because
it is located in a residential zone.
Planner Arkell stated that the Planning Board conducted its public hearing on this
application at its regular meeting of June 1, at which time it considered this application in light of
the six criteria set forth in Section 18.53.030 of the zone code. She stated that following that
review, and carefully considering the issues raised in the staff report, the Planning Board
recommended approval, subject to seventeen conditions.
The Assistant Planning Director stated that during Development Review Committee review
.f this application, City staff raised concerns about access to the site, the lack of a secondary
access and the problem this could create for emergency vehicles and garbage trucks. She noted
that there is a 20-foot-wide access to the site from Lincoln Road, as previously allowed by the
Director of Public Service; and improvements have been installed on both sides of the access. Staff
is concerned that the addition of a second building on the site will result in increased traffic; and
the additional traffic and parked vehicles could create maneuvering problems for emergency
vehicles. She stated that Lloyd Road, which adjoins the property to the east, provides access to
the existing apartment buildings along the easement; and the DRC suggested that a secondary
access from this site be required along that roadway, which loops back to Lincoln Road. She
stated that since that meeting, staff has found there is an 8-foot~wide gap between the end of the
eXisting easement and the east property line of the subject site. The existing Lloyd Road is not
developed to a standard that can accommodate a substantial amount of through traffic; and that
has also raised a staff concern, since they do not feel it is appropriate to require the applicant to
improve that roadway. She stated the Fire Marshal has suggested an acceptable alternative may
be to require the applicant to sprinkle both buildings. A third option might be to provide emergency
07-19-93
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access to Lloyd Road via concrete pavers and a gate in the screening fence, if an easement can be
acquired for the additional eight feet. She noted that, while this would address the Fire Department
concerns, it would not address the Street/Sanitation Superintendent's concern about backing
garbage trucks into the dumpster area. She stated that as long as the garbage is collected early
,<< the morning, before a lot of vehicles are parked on the site, the situation may be inconvenient
ut not hazardous; and it has worked since 1989.
The Planner then reviewed the conditions which the Planning Board has forwarded to the
Commission for consideration, noting that most of them are in response to concerns raised by staff
in its written report.
Mr. Steve Sparks, applicant, stated he has no problem with the conditions recommended
by the Planning Board, except for the following. He stated that secondary access is a problem.
He spoke with the owner of the property through which the easement to Lloyd Road would be
necessary, and found that he is not willing to allow a secondary access across his property,
although he would be willing to consider an emergency access with concrete pavers.
Mr. Sparks stated he has spoken with the Fire Marshal on numerous occasions in an effort
.0 find a viable solution to the issue of secondary access or sprinkling. he stated that three bids
for installation of a sprinkling system range from $7,300 to $8,500 for the new structure and
$27,000 to $40,000 for the existing structure; therefore, that is not a viable solution. He indicated
the Fire Marshal has acknowledged that providing an emergency access via Lloyd Road would be
an acceptable alternative.
Mr. Sparks stated that he has not discussed the issue of extending water and sewer
services to the new building from Lloyd Road. He noted, however, that since water and sewer
have already been extended to the other building on the site, he does not believe it will be a
problem.
Mr. Sparks stated that he has recently switched from the private sanitation service to City
service. He noted the private service had no problem with collecting the garbage; and if appears
.he City will without a secondary access or turn around, he will switch back.
Mr. Paul Siderius, Jerry Locati Architects, reminded the Commission of the original
conditional use permit, which included the existing building as well as this proposed building. He
noted that since the second building was not constructed prior to expiration of the original
conditional use permit, this second permit is being sought. He stated there is nothing in the City
07-19-93
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ordinances or Uniform Building Code which requires that a building the size of these structures
must be sprinkled. He stated that the applicant has already indicated how prohibitive it would be
to meet such a condition. He then reminded the Commission that the new building on the site will
not impact any of the existing improvements or the patterns which have been established on the
,_ita. Responding to Commissioner Frost, Planner Arkell stated that a secondary access to Lloyd
Road, a turn around on site, or an emergency access have all been discussed as possible options
to sprinkling of the buildings. She stated that an on-site turn around is not a viable alternative,
unless some major changes are made to the site or several deviations are approved.
Further responding to Commissioner Frost, Planner Arkell stated that under the current
sign code, awning signs are not allowed, although canopy signs are, which means that those signs
would be amortized. He noted, however, if the sign code amendments before the Planning Board
tomorrow evening are approved, then the signage on the existing site will be allowed to remain.
Responding to Mayor Swanson, the Planner stated that the proposed emergency access
is acceptable to the Fire Marshal.
. Responding to the Mayor, Mr. Sparks stated the proposed emergency access is acceptable
to him; and he does not anticipate any problems in obtaining an easement for the 8-foot by 20-foot
section along the east property line.
Responding to Commissioner Knapp, Planner Arkell stated that signalization of the
intersections of South 19th Avenue and Lincoln Road and South 19th Avenue and Kagy Boulevard
was not discussed before the Development Review Committee.
Further responding to Commissioner Knapp, the Planner stated that, no matter what
sanitation service is utilized, adequate access must be provided.
Responding to Mayor Swanson, the Planner stated that if an emergency access is provided
to Lloyd Road, the garbage dumpster and enclosure must be relocated. She stated that Condition
No.1, as it came out of the Development Review Committee, would have addressed the garbage
.ollection concerns; however, that condition was changed by the Planning Board.
In response to questions from Commissioner Frost, the Assistant Planning Director stated
she does not anticipate any problems in extending the water and sewer lines from Lloyd Road to
the new building; however, the Commission could add the phrase "if an easement is obtainable"
07-19-93
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to Condition No.9, which would ensure that if that alternative is not a possibility, staff has the
authority to extend the water and sewer lines from Lincoln Road.
No one was present to speak in opposition to the requested conditional use permit.
City Manager Wysocki indicated that no written testimony has been received in his office
_r the Clerk's office.
Responding to Mayor Swanson, Assistant Planning Director Arkell suggested that
Condition No.1 be revised to state "That an emergency access be provided from the existing
parking lot to the Lloyd Road easement and that the access be completed to a 20-foot width, or
a width acceptable to the Fire Marshal, with concrete pavers and a 20-foot-wide gate in the
existing fence; and that the applicant provide a written easement from the property owner to the
east granting an emergency easement for the 8-foot long by 20-foot wide section between the
existing easement and the east property line for said emergency access; and that the existing
garbage dumpster and enclosure be relocated to an area approved by the Street/Sanitation
Superintendent and the Planning Office."
Responding to Commissioner Frost, the Planner stated that this proposed language could
eePlace the language in the existing Condition No.1, since it is an alternative which seems to be
satisfactory to both City staff and the applicant, or it could be added to the existing language to
provide a third option.
Responding to Mayor Swanson, the Planner indicated it would be appropriate to add a
phrase to Condition No.9 which would allow for installation of water and sewer lines from Lincoln
Road if the applicant cannot obtain an easement to allow installation from Lloyd Road.
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. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost,
Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none.
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It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the following
requested deviations be approved:
1. The maximum square footage of the signs for the entire site be
increased from 32 square feet to 38.4 square feet;
2. The size of the existing freestanding sign be increased from 12 square
. feet to 14.4 square feet; and
3. The height of the existing freestanding sign be increased from 5 feet to
6 feet;
and that the Conditional Use Permit requested by Steve Sparks, under Application No. Z-9356, to
allow the construction of a 5,077.square-foot office building on Lot 1, Remington Subdivision be
approved, subject to the following conditions:
1. The applicant shall (a) secure right of use (i.e. easement) of the private
access immediately east of this property, and shall incorporate a
24-foot minimum width secondary access to this site into the final site
plan; (b) both buildings shall be equipped with an internal automatic fire
sprinkler system; or (c) an emergency access shall be provided from the
existing parking lot to the Lloyd Road easement and that the access be
completed to a 20-foot width, or a width acceptable to the Fire
Marshal, with concrete pavers and a 20-foot-wide gate in the existing
fence; and that the applicant provide a written easement from the
property owner to the east granting an emergency easement for the 8-
foot long by 20-foot wide section between the existing easement and
. the east property line for said emergency access; and that the existing
garbage dumpster and enclosure be relocated to an area approved by
the Street/Sanitation Superintendent and the Planning Office;
2. All runoff from the new building shall be directed to a retention area
located in the landscaped area on the north side of the building.
Adequate grading and spot elevations shall be included on the final site
plan to demonstrate compliance with this condition;
3. The property owner shall provide and file and executed Waiver of Right
to Protest the Creation of SID's for his proportionate share in
signalization at College Street and South 19th Avenue;
4. A solid wood fence, at least six feet but no more than eight feet in
height, be continued along the east property line to provide a visual
buffer for the adjacent residential development.
The fence must be
constructed in the 25-foot Lincoln Road front yard setback.
If the
fence is constructed in the setback, then that portion of the fence is
limited to four feet in height, and the fence may not be higher than 30
inches in the sight triangle of Lincoln Road and Lloyd Road;
. 5. That two bike racks be provided, one for each building, with the
location and type of rack provided on the final site plan;
6. That snow removal areas be designated on the final site plan, outside
the sight triangles, but on the subject property (unless a snow storage
easement is obtained for a location off the property and filed with the
County Clerk and Recorder);
7. That the two accessible parking spaces be designated as reserved for
the disabled by a sign showing the symbol of accessibility.
Raised
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signs shall be located no greater than 5 feet from the front of each
accessible space. Symbols painted on the pavement as the only means
of identification is not acceptable;
8. That unless a 20-percent deviation is granted by the City Commission,
the existing freestanding sign be brought into conformance with the
Sign Code prior to occupancy of the new structure;
. 9. The water and sewer service will enter the building on the east side,
rather than from Lincoln Road as shown, if the appropriate easement
can be obtained. The City of Bozeman will install the water service
from the main line to the meter in the building. The owner will be
responsible for freeze protection of the portion of the water service in
the crawl space under the building. The water service must have RPZ
backflow protection with appropriate drain, installed by the owner and
approved by the City of Bozeman. The owner will be responsible for
maintenance and periodic testing of the RPZ unit per Uniform Plumbing
Code and manufacturer's recommendation. Adequate access must be
provided for the water meter and RPZ unit.
If the backflow prevention is not provided in the existing building, the
Water/Sewer Superintendent must determine if it is needed. If
required, the unit must be installed at the owner's expense.
10. Eight copies of the final site plan containing all of the conditions,
corrections and modifications approved by the City Commission shall
be submitted for review and approved by the Planning Director within
six months of the date of approval.
11. The applicant shall enter into an Improvements Agreement with the
. City to guarantee the installation of required on-site improvements at
the time of final site plan submittal. Detailed cost estimates,
construction plans and methods of security shall be made a part of that
Agreement.
If occupancy of the structure is to occur prior to the installation of all
improvements, the Improvements Agreement must be secured by a
method of security equal to 1 Y:z times the amount of the estimated cost
of the scheduled improvements not yet installed. Said method of
security shall be valid for a period of not less than twelve months;
however, all on-site improvements must be completed within nine
months of occupancy to avoid default on the method of security.
12. A building permit must be obtained within one year of final site plan
approval. Building permits will not be issued until the final site plan is
approved. Upon conditional approval by the City Commission,
excavation for foundations and the preparation of forms my occur,
however, no concrete shall be poured and no further construction shall
commence until final site plan approval has been granted and until
building permits have been issued;
. 13. Within 60 days of final completion of all site work the applicant's
licensed architect or engineer overseeing the project shall certify to the
Planning Department that all improvements have been completed in
accordance with the approval of final site plan;
14. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure;
07-19-93
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15. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns;
16. That all conditions specifically stated under any Conditional Use listed
in the zoning ordinance shall apply and be adhered to by the owner of
the land, successors or assigns; and
. 17. That all of the special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those
voting No, none.
Public hearina - Conditional Use Permit - Donald Stewart. Fat Bovs Bar-B-O. and Michael Delanev,
pro Dosed billiards hall - allow the sale of alcoholic beveraaes in conjunction with restaurant and
DroDosed billiards hall - Unit Nos. I and II. General Willson Buildina Condominium. located on Lot
1 and the west 24% feet of Lot 2, Block E. OriQinal Townsite (101 East Main Street) (Z-9376)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Donald Stewart, Fat Boys Bar-B-Q, and Michael Delaney, proposed billiards hall, under
Application No. 2-9376, to allow the sale of alcoholic beverages in conjunction with restaurant and
. proposed billiards hall in Unit Nos. I and II, General Willson Building Condominium, located on Lot
1 and the west 24 % feet of Lot 2, Block E, Original Townsite. The subject parcel is more
commonly located at 101 East Main Street and is zoned B-3, Central Business, District.
Mayor Swanson opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that the
subject property is located at the northeast corner of the intersection of North Black Avenue and
.
East Main Street. She stated that the application is to allow the sale of alcoholic beverages in
conjunction with two separate units and two separate uses located within the same structure. She
noted the first portion of the application would allow the on-premises sale and consumption of
alcoholic beverages in conjunction with Fat Boys Bar-B-Q, which is an existing restaurant on the
main floor of the structure; and the second portion of the application would allow the on-premises
.sale and consumption of alcoholic beverages in conjunction with a proposed billiards hall to be
located in the basement of the structure. The Planner stated that both of the principal uses are
permitted uses within the B-3 district; however, the sale of alcoholic beverages for on-premise
consumption is a conditional use in all zones where it is allowed.
07-19-93
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Planner Arkell reviewed the surrounding uses, noting that they include retail uses, banks,
and some office and residential units on second and third floors. She stated that the ORC reviewed
this application; however, the ORB did not review it because there are no architectural changes
being proposed. Following its review of this application, in light of the six criteria set forth in the
.one code, and following its public hearing on July 7, the Planning Board forwarded its
recommendation for approval of this application, subject to six conditions.
The Planner stated that concern has been expressed about the negative impacts that
approval of this application may have on the office spaces on the second floor because of noise
and trash. She stated that if the owners of these establishments comply with the Condominium
Unit Owners Association documents, the effects should be minimal.
The Planner stated that staff was concerned about authorizing the sale of alcoholic
beverages for the billiards hall since remodeling of that area has not yet been completed. She
stated that, to address that concern, staff has recommended that one of the conditions include a
specific length for the approval, rather than leaving it open-ended.
Mr. Karl Knuchel, attorney representing the applicant, stated that this application is to
~ove the beer and wine license from Ira's on Main to the subject location. He then indicated a
willingness to respond to questions.
Responding to Commissioner Frost, Planner Arkell stated the State of Montana is requiring
two separate beer and wine licenses for the two businesses; therefore, the Commission could
appropriately separate this application into two separate applications if it so desired.
Responding to concerns raised by Commissioner Frost, the Planner stated that the
application for the billiards hall would allow 13 billiards tables. Since this is a permitted use in the
B-3 zone, the application has gone through the Certificate of Appropriateness process in the
Planning Office and has been approved. She noted, however, that renovation of that portion of the
building has been moving very slowly since the approval of the COA, which raised the staff concern
about open-ended approval of the beer and wine license for that unit of the condominium. She
.noted that a conditional use permit typically runs with the land; however, in this instance, it has
been tied to the billiards hall, and the conditional use permit will not be valid unless and until that
facility opens. She stated that if the business opens as a billiards hall and the owner then decides
to substantially change the use, it will be subject to another review process.
07-19-93
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City Manager Wysocki recommended another condition be added to approval of this
application, which would require that the applicant be responsible for maintenance of the sidewalks
on all sides of the building. He noted the continual problems that arise in those areas close to bars,
including broken bottles, cans, cups and the results of one who has consumed too much. He
.ecognized that this has not been a requirement in the past; however, he suggested it would be
appropriate to begin attaching such a requirement now, and possibly include it as a requirement for
the annual renewal of liquor licenses.
Mr. Knuchel stated the applicant had agreed to all of the conditions forwarded by the
Planning Board. He recognized the problems which the City Manager raised, noting his client is
operating a family restaurant and will be cognizant of the fact that people do not want to step
across such things when entering a restaurant. He then stated that, while his client will be
maintaining the sidewalk anyway, he is concerned about the fact that this is the only application
to which such a condition is attached.
No one was present to speak in opposition to the requested conditional use permit.
City Manager Wysocki indicated that neither he nor the Clerk has received any written
eestimony.
It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public
hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Fros.t and Mayor
Swanson; those voting No, none.
Mayor Swanson closed the public hearing.
It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the
customary one-week waiting period for land use decisions be waived. 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.
Commissioner Frost stated that, unless this application is divided into two separate
.apPlications, he will vote against it because of his concerns about the billiard hall, which has not
been completed.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit requested by Donald Stewart, Fat Boys Bar-B-Q,
and Michael Delaney, proposed billiards hall, under Application No. Z-9376, to allow the sale of
07-19-93
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alcoholic beverages in conjunction with restaurant and a proposed billiards hall in Unit Nos. I and
II, General Willson Building Condominium, located on lot 1 and the west 24 Y:z feet of lot 2, Block
E, Original Townsite, subject to the following conditions:
1. A permanent enclosure for the existing garbage dumpster and waste
drums shall be constructed in accordance with Section 18.50.035.0 of
. the zoning ordinance. A detail of the enclosure shall be submitted to
the planning office prior to construction of the enclosure. The
enclosure must be completed prior to the City's approval of the State
liquor license application. If a separate dumpster is to be used for the
billiards hall, the location of the dumpster is to be used for the billiards
hall, the location of the dumpster and the enclosure detail for the
dumpster must be submitted to and approved by the planning office
prior to construction of the enclosure. If a second dumpster is needed
for the billiards hall, it must be in place and fully screened prior to the
City's approval of the State liquor license application for the billiards
hall;
2. A copy of the State Revenue Department liquor license for each
establishment shall be submitted to the planning office prior to the sale
of alcoholic beverages at each respective establishment;
3. If the billiards hall does not open within six (6) months of Conditional
Use Permit approval, the approval for the sale of alcoholic beverages at
the billiards hall shall become void. The developer of the billiards hall
may make a written request to the Planning Director for a six (6) month
extension of the Conditional Use Permit if extenuating circumstances
exist that delay the issuance of the license from the State;
. 4. That the applicant
ensure that all sidewalks bordering this
establishment are kept clear and free of all unsightly litter;
5. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure;
6. That all of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land, his
successors or assigns; and
7. That all of the special conditions shall be consented to in writing by the
applicant prior to the City's approval of the State liquor license
application.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Knapp, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No being
Commissioner Frost.
.
Break - 8:00 to 8:05 D.m.
Mayor Swanson declared a break from 8:00 p.m. to 8:05 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
07-19-93
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Public hearina - Conditional Use Permit - Larrv Bowman for SAE House - allow eXDansion of non-
conforming use and allow modification of existing garage/barn structure to accommodate housina
for four to twenty Dersons - Lots 1-26. Block 3. Butte Addition (811 South Willson Avenue)
(Z-9375)
This was the time and place set for the public hearing on the Conditional Use Permit
requested by Larry Bowman for the Sigma Alpha Epsilon House, under Application No. Z-9375, to
i.IIOW the expansion of a non-conforming use and allow modification of the existing garage/barn
structure to accommodate housing for four to twenty persons on Lots 1 through 26, Block 6, Butte
Addition. The subject parcel is more commonly located at 811 South Willson Avenue and is zoned
R-2, Residential--single-family, medium-density, District.
Mayor Swanson opened the public hearing.
Assistant Planner David Grigsby presented the staff report. He stated that under this
application to allow expansion of a non-conforming use, a total of up to 38 residents would be
allowed to reside on the subject property. He indicated that under the Planning Board's
recommendation for approval of the application, up to eight of those 38 residents would be allowed
to live in the renovated garage/barn structure. He noted that the Development Review Committee,
Design Review Board and City-County Planning Board have all reviewed this application; and the
enformation resulting from those reviews has been included in the Commissioners' packets for
consideration at this meeting.
Assistant Planner Grigsby stated the SAE house is located on a full city block, bounded
by South Willson Avenue, West Harrison Street, South Grand Avenue and West College Street.
The garage/barn structure is located along West Harrison Street. Under this application, the main
level of the structure would be renovated to provide four bedrooms in the back portion of the
structure, with the portion bordering Harrison Street being remodeled for a bathroom and a common
living area.
The Planner stated that during its review, the Design Review Board generally agreed with
the applicant's proposals; however, they required that the garage doors be replaced with siding in
. manner which would resemble garage doors rather than the proposed brick. He noted that the
windows are to include permanent grills, rather than the insert grills proposed.
Planner Grigsby stated that during Development Review Committee review, appreciation
for upgrading of the barn was expressed, particularly because of its deteriorated condition.
07-19-93
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Assistant Planner Grigsby stated that at its meeting of July 7, the City-County Planning
Board reviewed this application in light of the criteria established for such reviews. He stated
several items were discussed during that hearing, including the neighbors' concerns about noise
and abuses in the area. Following its public hearing, the Planning Board determined that this
_roposal would result in an improvement to the site and was approvable. He stated, therefore, they
ave forwarded a recommendation for approval of the application, subject to sixteen conditions.
Planner Grigsby reminded the Commission that residential uses surround the subject site;
and the neighborhood concerns are legitimate. He stated that, in addition to the conditions
forwarded in its resolution, the Planning Board recommended that the applicants reverse the layout
of the barn so that the bedrooms are located closest to West Harrison Street, thus reducing the
potential for noise from the common living area.
Mr. Larry Bowman, one of the advisors for the SAE fraternity, stated the original intent
of the application was to allow upgrading of the existing living unit in the barn to accommodate
four students. He noted that there was a living area on the second floor of the structure as well;
but it has been removed. He noted that there was originally a bathroom in the barn; however, the
.ewer pipe collapsed several years ago. With this renovation, they propose to provide upgraded
living facilities to encourage seniors to remain living at the fraternity rather than moving to private
apartments because the alumni believe that influence could be beneficial.
Mr. Bowman stated that the initial proposal was only to renovate the interior of the barn
structure; however, the DRB also required upgrading of the exterior as well. He noted that the
applicants are willing to meet the conditions which have been recommended, although they do
result in significant additional costs.
Mr. Bowman stated that, although this application has been advertised as a renovation
to accommodate from four to twenty persons, they have never intended such a high number. He
reiterated their intent to provide upgraded living quarters for the existing four occupants of the
structure.
. Mr. Bowman noted that a petition from residents of the neighborhood in opposition to the
application was submitted at the Planning Board meeting. He stated that, in response to a letter
he wrote to those individuals, many of them have signed and returned a form to the Planning Office
asking that their names be removed.
07-19-93
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In verification of that statement, Planner Grigsby stated that he has received signed
statements from fifteen of the sixty signators asking that their names be removed; and copies of
those have been forwarded to the Commissioners.
Mr. Bowman addressed issues which have been raised by the Planning staff, beginning
.ith the parking issue. He stated there is adequate parking on site for the 38 members of the SAE
who live at the house. The only time this parking lot is overfilled is during peak periods of use; and
the parking then overflows to the street. He noted that this site is surrounded by streets which
are open for on-street parking; therefore, impacts to the residential area are minimal.
Mr. Bowman noted the issue of noise, acknowledging that it is difficult to live near a
fraternity or any other area where a large number of college students reside. He stated concern
has also been expressed about the deteriorated condition of the barn structure, and the potential
negative impact that may have on surrounding property values. He stated that bringing the building
into compliance with building and safety codes should enhance the property substantially.
Mr. Bowman stated that in the staff report, it was questioned whether restoration of the
exterior of the barn/garage was sufficient to offset the potential for additional neighborhood
eonflicts. He noted that the South Willson Improvement Association worked diligently to get their
street on the National Register of Historic Places; and they may view the benefits very differently.
Responding to Mayor Swanson, Mr. Bowman stated that their plans would provide
accommodations for four students. He noted that, historically, eight people have lived in the
barn/garage structure; and they feel that twenty would be too many in that structure. He stated
the Planning Department arrived at a maximum of eight; and they are willing to accept that
limitation since they don't intend to have more than four living in the building at anyone time. He
stated that the maximum of eight does provide the fraternity some flexibility over the next several
years, thus allowing them to respond to changes in the organization. He then indicated that at
some time in the future, they may decide to remodel the upper floor of the facility to provide
additional living quarters for some of the students.
. Further responding to Mayor Swanson, Mr. Bowman stated that reversing the floor plan
is impractical because of the locations of the doors and windows, as recommended by the Design
Review Board. He stated that care must be taken to ensure that windows are available in the
bedrooms as an emergency exit; and reversing the plan would not provide that emergency exit.
07-19-93
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He suggested that to reverse the structure would result in destroying the historic integrity and
appearance of the structure, rather than enhancing it.
Responding to Mayor Swanson, Planner Grigsby stated that this conditional use permit
for expansion of a non-conforming use does not result in additional residents, since the total
_ccupancy would be limited to 38. which is the current number of residents. He noted, however,
hat because they wish to expand the area in which people reside to include a portion of the
garage/barn, a conditional use permit is required. He stated that, while the applicants indicate that
four persons have been living there, that use was non-permitted; and there are no bathroom
facilities. He observed that the garage/barn structure is located close to the property line, which
carries potential conflicts with the neighborhood closer to the residences.
Responding to Commissioner Knapp, Mr. Bowman stated they had initiqlly hoped to have
the remodeling completed before students return in August. He stated that, since the review
process is taking longer than anticipated, it is unlikely that the work will be completed before they
return. It is extremely difficult to complete construction work when students are in the house, so
the renovation will probably not be completed until next summer, even though students will be
.0ccuPYing the structure this upcoming school year.
City Manager Wysocki stated that the life safety issues must be addressed before the
structure can be occupied this fall; and that includes the installation of a bathroom and proper exits,
as well as addressing fire rating issues.
Commissioner Knapp suggested that a condition be added to make that very clear. She
then noted the comment about overfilling the parking lot during peak periods of use, suggesting
that could be likened to a family having guests.
Assistant Planner Grigsby stated that staff does not view overflow of the parking on a
periodic basis as a major problem, due in part to the conditions which have been attached for
approval of this conditional use permit. He further noted that this expansion will not result in any
more residents at this site.
. Responding to Commissioner Vincent, Mr. Bowman stated that without a bathroom, the
barn is out of code as a residence. He stated that this is a condition that has existed for a number
of years. At the present time, the residents of that building sleep in a common open area; and they
have a front door as well as windows through which they could escape if necessary.
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Commissioner Vincent noted that one of Mr. Bowman's statements indicated that if this
application is approved, they will fix up the garage/barn structure; however, if it is not, they will
allow the structure to continue deteriorating.
Mr. Bowman responded that if this application is not approved, they will do nothing with
_he structure. He stated that if people are living in the structure, they must maintain it to a certain
eve!. He stated that, to obtain approval of this application, they have agreed to provide more
improvements to the structure than they had originally anticipated, since they typically provide only
normal maintenance.
Commissioner Frost stated that the existing structure appears the same from both sides
and questioned why the interior design can't be reversed.
Mr. Bowman stated that the two sides are not mirror images. He further noted the Design
Review Board's emphasis on appearance and the need to ensure that an emergency exit is provided
from each of the bedrooms.
Commissioner Frost stated his biggest concern is the fraternity's relationship to the
neighbors. He noted that with the opposition from the neighborhood and the comments which
.ave been previously forwarded, it is very apparent that there is a public relations problem; and
there is no recommended condition to deal with that. He noted there is no condition to address
that issue, and asked if the advisors have given any thought to how the problems might be
controlled.
Mr. Bowman stated he feels that some of the people signed the petitions of opposition
for reasons other than their opposition to the project. He then noted there will certainly be conflicts
between a fraternity or sorority and the neighborhood because of the differences in lifestyles. He
stated that during the Planning Board meeting, ways to improve the relationship between the
neighbors and the fraternity were discussed. He stated that relations with the neighborhood "ebb
and flow", based in part to the personalities involved and the efforts made to work together. He
noted that for years, the fraternity house sponsored a Halloween party for neighborhood children;
end that activity was terminated due to the lack of participation. He suggested that the neighbors
who have concerns about the fraternity house may wish to attend a senior council meeting, at
which those concerns could be discussed, which could lead to a better relationship.
Mr. David Jarrett, 3309 Sundance, stated he is President of the House Corporation, which
is run by alumni and owns the property. He noted that the active members of the fraternity lease
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the fraternity house from the House Corporation, to be utilized as their living quarters. He stated
that over the past ten to fifteen years, the House Corporation has worked to upgrade the physical
structure as well as the livability of the present house. He noted that as the house has been
upgraded, the residents have taken more pride and responsibility in maintaining the appearance of
_he facility. He stated that the main living area has been completely remodeled and the woodwork
· In the home refurbished. He characterized this as an exceptional structure, noting that some of the
neighbors participated in that remodeling effort. He stated that a new roof was added in the last
couple years, at a cost of $65,000; last year the boiler system was replaced and the house was
rewired and brought up to code; and this year the rooms on second floor are being recarpeted.
These expenses have been paid through donations, mostly from the alumni, and fund raisers by the
active members. These projects are being completed in a manner which will return the appearance
of the house to its former style.
Mr. Jarrett stated that the House Corporation has found through the years that retaining
seniors and upper class fraternity members on the site tends to provide the guidance with the
freshmen and sophomore students need; and it gives continuity to the operation of the fraternity.
.ThiS proposal to remodel and restore the barn is to give the senior students a place to live inside
the house, thus allowing them to participate in the day-to-day activities of the fraternity rather than
just during meetings. He stated that without seniors involved on a day-to-day basis, the whole
structure breaks down and problems result.
Mr. Jim Good, 908 South Grand Avenue, stated he has lived one-half block south of the
SAE house for the past seventeen years. He stated that most of those who signed the petition of
opposition are truly opposed to any expansion of the fraternity use, due in large part to the
problems they have encountered over the years. He characterized the general attitude of the SAE's
as "to heck with the neighborhood". As an example, he cited an instance this spring when a party
started in the garage at 9:00 p.m.; and it took several telephone calls to the house and the Police
Department to have the party stopped at 4:30 a.m. He also cited the litter in the neighborhood,
~hiCh must be picked by the residents in the area, and fast-moving traffic through the
neighborhood as problems.
Mr. Good expressed concern that the process to date has seemed to favor the applicant.
He noted that this application had been processed through the DRC and the DRB and was
presented to the Planning Board with the indication that no public comment had been received.
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However, he attended the DRB meeting and was not given an opportunity to speak. He also
expressed concern that one of the Planning Board members indicated that he was a former SAE
but saw no conflict in voting on the proposal.
Mr. Good stated that the SAE house has violated City codes for many years, by their own
e'dmission. He noted there are no bathrooms in the existing garage/barn; however, fraternity
members have continued to live there, using the shrubs as their bathroom. He questioned how
many students would live in the refurbished garage/barn, suggesting that they would not limit
themselves to four or eight or whatever number is approved, based on past practice.
Mr. Good also expressed concern that the SAE House Corporation has specifically stated
that if this application is not approved, they will do nothing to upgrade the existing garage/barn,
but will allow it to continue to deteriorate. He stated they seem to be using this approach as a
lever to get the City to approve the application, so this historic building will be upgraded.
Mrs. Mary Ellen McMillan, 818 South Third Avenue, stated she resides one block west
of the SAE house. She reiterated two points which have been mentioned: (1) use of the barn as
living quarters has been an illegal use for several years and (2) the attitude of the fraternity and its
.aIUmni. She noted that this application is, in essence, a request to legitimize what has been an
illegal use for years. She further noted that the attitude that if this application is not approved, the
barn will be allowed to continue to deteriorate simply exemplifies the attitude of the fraternity for
the twenty years that she has lived there. She suggested that the fraternity should resolve its
problems internally, rather than asking the City to approve this application as a way of doing so.
She stated that allowing this non-conforming use, which has also been illegal for many years, to
expand would be a disservice to the neighbors.
Mr. Allen Shearman, 904 South Grand Avenue, stated he has lived directly across the
street from the SAE barn for 28 years. He noted the inappropriate activities which have occurred
on the SAE property for many years. He stated that if having seniors residing in the house would
alleviate the problems, then those steps should be taken. He stated that he has complained only
.nce in 28 years about the music coming from this property; however, he is beginning to
understand that it is a neighborhood problem, not just his problem. He indicated that if the layout
of the renovated barn is reversed, so that the bedrooms are located adjacent to West Harrison
Avenue, he could be more supportive of this application; however, he is opposed to the request
if the proposed layout remains.
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Mr. Mike Miles, 822 South Willson Avenue, stated he has lived at this residence for 23
years. He has served on the South Willson Historic Board for several years and was involved in
getting the SAE property on the National Register of Historic Places and getting the area zoned R-2.
He indicated his appreciation for the historic SAE house and the efforts which have been made to
.enovate it. He stated his children have played in the yard of the SAE house; and his family has
established valued relationships with some of its members. He noted his excitement in learning
about the SAE House Corporation's intent to renovate the old barn structure; however, he noted
strong concern about the initial application to allow up to twenty students in the structure.
Mr. Miles stated his concern that improvement of the property seems to be held hostage,
with the statement that it will be improved if the application is approved. He stated that he signed
the petition of opposition because of his concerns. He stated that there are currently four students
living in that building; and if it is upgraded, with only four senior students living in it, he could
support the request. He expressed concern, however, that more than four students will live in the
renovated rooms; and he is further concerned about the comments which have been made this
evening concerning possible future changes on the second floor, where the basketball court is
eocated. He stated support for limiting the total number of students on the SAE property to 38,
cautioning that the cap should be strictly enforced.
Mr. Miles stated that others in his neighborhood, such as Dr. Creech Reynolds, could not
be present at this meeting, although they are also concerned about this proposal. He stated that
if it were carved in stone that only four students would reside in the garage and if no future
changes were contemplated, then he could accept the proposal; however, there are too many
uncertainties at this time.
Mr. Mike Becker, 902 South Willson Avenue, stated his opposition to the plan which Mr.
Bowman has submitted, stating he feels the first step must include honesty. He noted the
neighborhood is concerned about not only this step, but what the next step or two might be. He
etated that the neighbors are concerned about parking, noise, and drawings of naked ladies on the
elephone poles. He stated that the fraternity is not just a neighbor, but is a non-conforming use
in an R-2 zone. He feels the fraternity must initiate relations with the neighbors and try to mitigate
the problems that have occurred. He acknowledged that allowing four students to live in the
renovated barn sounds harmless, especially if they are seniors; however, he suggested that
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economics will dictate that more students live there to generate revenues to cover costs of the
renovation.
Mr. Becker recognized that the SAE house is the "jewel of the city". He noted that Mr.
Bowman has made it perfectly clear that if this application is not approved, the SAE House
.orporation does not intend to fix the old carriage house up. He asked that the Commission
arefully consider the neighbors' concerns and the issues which have been raised in its decision-
making process.
Mr. Jim Devitt, 613 South Willson Avenue, stated he is a member of the Planning Board,
but was out of town when this item was before that body; and he is now speaking as a citizen.
He stated that he supports this application, if the proposal can be conditioned to allow only four
people to reside in the renovated garage/barn. He noted the proposal to upgrade the structure is
a worthy one that the residents in the area support; and he feels that to allow four people to reside
in the structure would be appropriate since that is historically the number of people who have
resided there.
Mr. Devitt suggested that conflicts with the neighborhood may not be as extreme as some
.f the testimony indicated; however, he noted that he does reside two blocks away from the
facility and may not be as negatively impacted as some of those living closer. He noted that he
was one of those who helped with the renovation of the main house several years ago; and some
of the students have attended the South Willson Historic Association meetings over the years.
Responding to Commissioner Frost, Mr. Good stated he does not want this conditional use
permit approved, since it would allow an expansion of the living quarters. He noted that the
common room in the existing barn faces directly to the south, toward the neighborhood. He stated
that, since the barn is situated against the sidewalk, there is no way to buffer or attempt to
mitigate the noise generated from the building.
Responding to Commissioner Frost, Mr. Jarrett stated there are always communication
problems; and he feels that may be the reason for the neighborhood concerns. He recalled one
eime when Dr. Creech Reynolds "stomped over in his house slippers" and told the residents of the
house to shut down their party; and the following week, the President of the SAE house talked to
Dr. Reynolds to develop a policy that would be acceptable to both. He noted that, while the
residents continue to live in the area, the students change every two or three years, so an on-going
educational process is necessary. He stated that much of the noise about which the residents are
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concerned results from the students placing speakers in open windows, suggesting that activity
can probably be curtailed.
Commissioner Stiff noted that the SAE house was built in 1910; and since he resides in
a home built ten years earlier, he recognizes the extreme costs of maintaining the facility. He noted
_hat the upkeep of the main house has resulted in an advantage to the neighborhood. He then
acknowledged the problems which residents can have with young people.
Responding to Mayor Swanson, Mr. Good stated the neighbors have not created any type
of committee to work with the fraternity members. He indicated his feeling that the fraternity
should make the effort to establish good relationships with the neighbors, since they are the ones
creating the problem. He stated that many years ago, the residents of the SAE would shovel
sidewalks in the area, particularly for the elderly and widows; however, that type of effort to work
with the neighborhood no longer exists.
Mr. Mike Miles stated that SAE students have attended South Willson Improvement
Association meetings periodically and allowed the residents to become involved in their renovation
project. He stated that when the student leadership of the house has become involved with the
.neighborhood on a regular basis, relations have been better.
Mr. Miles cautioned the Commission that this hearing should not become an indictment
of the SAE, but should be considered only an application to renovate the garage/barn for living
units. He suggested that this fall, the President of the SAE should be encouraged to walk across
the street to talk to the neighbors, noting that the neighbors could possibly do the same thing.
Mr. Jim Kommers, SAE alumnus, stated he has been working with the fraternity regarding
their community relations problem. He stated that with approval of this application, and renovation
of the garage/barn to provide legal living facilities for seniors, some of the problems should be
alleviated. He stated that to have someone on the site who is responsible for ensuring that the
residents do not disturb the neighbors and who is responsible for taking complaints when a
disturbance occurs should result in an improved situation. He reiterated the intention to house only
.our of the 38 students in the renovated barn.
Mr. Kommers assured the Commission that every person who has forwarded a complaint
will be personally contacted this fall, and given an apology for the problems that have occurred.
Responding to Mayor Swanson, Mr. Kommers stated the SAE would be willing to accept
a limit of four students in the renovated garage.
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Commissioner Knapp added that the SAE house was originally constructed in 1910, and
asked when it became a fraternity. Mr. Jarrett responded that it became a fraternity in 1926.
Responding to Commissioner Frost, Mr. Kommers stated they began working on the
community relations problem approximately one and one-half years ago. He stated they have been
.meeting with the members of the fraternity every other month to discuss community behavior;
however, they have not yet reached the point of meeting with residents of the area.
Commissioner Vincent asked Planner Grigsby if anything has been done or said to cause
staff to change its position reflected in the following statement in the staff report:
"The DUrDOSe of a Conditional Use Permit to eXDand a non-conformina use is to
determine how the imoacts of the use can be mitiaated. After careful
consideration of the facts in light of the criteria listed above and neighborhood
comments and concerns, Staff is not convinced that many of the impacts
imposed upon the neighborhood by the existing fraternity and the proposed
expansion of the existing use have been fully mitigated with this proposal, nor
is Staff convinced that the benefits of restoring the exterior of the barn/garage
outweigh the potential increase of fraternity/neighborhood conflicts. Staff would
strongly recommend that impacts associated with the existing use be mitigated
prior to any approval of this application."
Planner Grigsby stated he has neither seen nor heard anything which would cause him to
change his position. He stated that the Planning Board was of the opinion that the impacts would
.e lessened with the addition of senior students in the renovated structure.
Responding to Commissioner Knapp, staff indicated that the subject area was rezoned to
R-2 probably in the late 1970's.
Responding to Commissioner Frost, Planner Grigsby agreed that the floor plan could be
reversed without impacting the integrity of the structure.
Mayor Swanson stated he is not convinced that flipping the floor plan would lessen the
noise, because it is a habit of those in sorority and fraternity houses to open the windows and let
the music blare out.
Planner Grigsby stated that with a reversed layout, the common open space would face
toward the remainder of the property, rather than toward the street. He stated that this change
en orientation could encourage those attending a party to park in the parking lot and lessen the
impacts to the neighborhood. He stated that the subject building is located 1 foot 6 inches from
the property line, which leaves no room for buffering of the building or the noise.
Responding to Mayor Swanson, City Attorney Luwe stated that when considering a
conditional use permit, the Commission can address the issue of noise. He stated that the
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Commission may not be able to change the behavior of the residents; however, they can mitigate
some of the problems which result from that behavior. He suggested a condition could be added
to approval of the application that would eliminate the use of speakers after a certain hour at night.
He noted that other conditions could also be added to address impacts from this expanded use.
. Commissioner Knapp asked how a use is grandfathered in. She noted that, while this is
\ a non-conforming use, it has existed for over sixty years. She also asked how this relates to the
current zoning.
Planner Grigsby reviewed the "grandfather" concept. He stated that in this case, every
time the Fire Marshal asked about the barn being occupied, SAE representatives denied that it was
being used as a residence. He stated that, because of those denials, the Fire Marshal never
permitted the structure for residential use.
Senior Planner Skelton cautioned that when considering grandfathered uses, one must also
consider whether that use is conforming or non-conforming.
Responding to Commissioner Frost, the City Attorney stated that the SAE could vOluntarily
decide to include an area resident on its board, as recently occurred for a group home located in
.the Figgins Addition.
Further responding to Commissioner Frost, the City Attorney stated that the SAE
representatives have suggested that the four students residing in the renovated barn would be
seniors; however, there is no requirement that they be seniors. He noted that the Commission may
want to add a condition requiring those students be seniors as a way to help ensure leadership and
responsibility are more accurately reflected on the site.
In response to Mayor Swanson, Commissioner Frost indicated a desire to continue the
public hearing until next week's meeting.
Commissioner Knapp suggested that if the public hearing is continued to next week,
hopefully, the Commission will be prepared to make a decision immediately following the close of
the hearing since two Commissioners will be absent the following week.
. Commissioner Stiff stated his son has purchased a home within a half block of the SAE
house. He informed the Commission that he played basketball in the upstairs of the barn fifty years
ago, noting that the students then were basically the same as the students now. He added that
the Commission will not be able to solve every problem in the neighborhood through its action on
this conditional use permit.
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It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public
hearing be closed. The motion failed by the following Aye and No vote: those voting Aye being
Commissioner Stiff and Commissioner Knapp; those voting No being Commissioner Frost,
Commissioner Vincent and Mayor Swanson.
. Mayor Swanson continued the public hearing to next week's afternoon meeting.
Break - 9:53 to 10:00 D.m.
Mayor Swanson declared a break from 9:53 p.m. to 10:00 p.m., in accordance with
Commission policy established at their regular meeting of March 14, 1983.
During the break, Commissioner Stiff indicated he would be unable to complete the
meeting due to the late hour, and excused himself.
Public hearina - Conditional Use Permit - Michael Sweeney - Dlanned unit develoDment to allow
construction of a commercial caterina kitchen adiacent to existing residence on Tract A-2-A.
located in the NW%. Section 34. T2S. R5E. MPM (2950 Harper Puckett Road) (Z-9378)
This was the time and place set for the public hearing on the Conditional Use Permit
eequested by Michael Sweeney. under Application No. Z-9378, for a planned unit development to
allow construction of a commercial catering kitchen adjacent to an existing residence on Tract
A-2-A, located in the northwest one-quarter of Section 34, Township 2 South, Range 5 East,
Montana Principal Meridian. The subject parcel is more commonly located at 2950 Harper Puckett
Road and is zoned A-S. Agriculture--Suburban, District.
Mayor Swanson opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated that the subject site
is located immediately south of the intersection of Harper Puckett Road and Hidden Valley Road.
He noted that the Commissioners received photocopies of pictures of the subject site and
surrounding properties in their packets. He then showed them the actual colored photographs so
they could see the detail. He asked the Commission to consider the following four issues when
eeVieWing those pictures: (1) the relationship of the accessory structures to the houses on the
surrounding properties; (2) the distance of the proposed use from Harper Puckett Road and the
Winer property, immediately to the south; (3) the location of the flags in the picture of the subject
site; and (4) the location of the trampoline on the subject site. He stated that the applicant
proposes to move the requested accessory structure closer to the existing single-family residence,
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so that it would actually lie where the trampoline is now.
Planner Skelton stated he has forwarded a letter of opposition from Mr. Winer, since he
is unable to attend this meeting. He also noted that Mr. Sweeney was unable to attend this
meeting; however, his general contractor, Mr. George Nixon, is present to respond to any questions
.hat may arise. He stated that in a letter dated July 13, Mr. Sweeney has indicated, following
review of the 17 conditions recommended by the Planning Board, he is willing to accept them.
Senior Planner Skelton stated that the proposed commercial kitchen is a conditional use
in the A-S zone. The applicant proposes to house the kitchen in a 30-foot by 35-foot building to
be constructed immediately west of the single-family residence on his 18.84-acre site. It is the
applicant's intent to use exterior materials similar to those on the existing residence, with a similar
color scheme to complement the rural residential atmosphere of the area. No signs identifying the
commercial facility are proposed. Under this proposal, food is to be prepared on the site by the
applicant, his wife and one part-time employee, with the food then being delivered to clients. No
public use of the applicant's property is contemplated under this application.
Planner Skelton stated that a creek corridor traverses the subject property. He noted that
et has been inaccurately identified as Baxter Creek; however, it is a live stream with fish. He stated
that the Parks, Open Space and Trails plan has identified this as a part of the trail network.
The Planner stated that staff has reviewed this application in light of the six criteria set
forth in the zone code; and those findings are contained in the written report. He stated that,
based on those findings, staff recommended conditional approval. Following its public hearing on
July 7, the Planning Board recommended approval of the application, subject to 17 conditions,
including revisions to three of the conditions forwarded by the planning staff.
Planner Skelton reviewed some of the staff findings as a result of its review of this
application. He stated that, with the additional structure, the lot will have 87.7 percent open
space, which is substantially higher than the 30 percent required by the code. One concern raised
by residents of the area is the use of Harper Puckett Road as the access for this proposed use, due
.0 the increase in traffic this might create. He stated that a June 24 letter from Road
Superintendent Sam Gianfrancisco suggests that the additional traffic generated would be
insignificant.
Senior Planner Skelton noted that under the master plan, commercial uses are allowed in
residential zones only at the intersection of an arterial with an arterial or an arterial with a collector,
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and must be a use for the specific neighborhood. He stated, however, that in this instance, the
commercial use does not have access to the general public and there is no signage proposed. He
noted that any impacts from the proposed use have been generally mitigated through architectural
treatment, location of the new structure and the fact that no signage is to be erected.
. Planner Skelton stated that the Design Review Board reviewed this application and
I recommended that the accessory structure be located as close to the existing single-family
structure as possible. He stated that the applicant has agreed to reposition the structure; and it
will be located as close to the house as possible without harming the existing four or five mature
pine trees in that area.
Planner Skelton stated staff also reviewed this application in light of the 13 community
objectives contained in Chapter 18.54 of the zone code; and those findings are also contained in
the written staff report. He stated they found this application to be in general compliance with
those criteria.
The Planner provided a brief overview of the public input received by the Planning Board,
noting that it included statements of opposition from two of the residents in the area, with
expressions of concern about traffic and the potential for expanded commercial use in the future.
Mr. Nixon, contractor representing the applicant, indicated he has no prepared statement
but will respond to any Commissioner questions.
Commissioner Frost stated that the issue of relocating the proposed structure has been
discussed and the applicant has verbally agreed; however, no condition has been added to make
that a requirement. He asked if such a condition should be added.
Planner Skelton stated the applicant has indicated that is his intent.
Commissioner Vincent stated that no fixed, permanent signage is proposed for the site;
however, he questioned the possibility of using vehicles with permanent signage on them. He
suggested that if that occurs, it could impact the area, and possibly a condition should be added
to require that those vehicles be placed in a screened area.
. Planner Skelton stated that buffering and screening are proper and appropriate items to
address under a conditional use permit.
Mr. Jim Ramsey, 2445 Watts Lane, stated he and his wife own ten acres immediately
north of the subject site. He stated their opposition to approval of this conditional use permit,
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based on the possible increase in traffic and the possibility of establishing a dangerous precedent
for allowing commercial uses in the area.
Responding to Commissioner Frost, Planner Skelton stated that staff does not feel this
application falls under the standards for commercial use because of the fact that it does not have
'tiny public access or any signage. He added that he does not foresee approval of this application
esulting in any additional commercial development in the area because of these differences.
Responding to Commissioner Frost, the Planner stated it is the applicant's intent to park
his vehicles inside; however, there is no condition requiring that. He suggested that to address the
screening issue would be appropriate.
Responding to Commissioner Vincent, Planner Skelton emphasized that public access is
the key in this issue. He noted that if the use were changed to allow public access, then it would
no longer be appropriate in this rural residential setting.
Responding to Mayor Swanson, the Planner stated that Harper Puckett is a gravel County
road; however, its design standards would allow substantially more traffic than current levels.
City Manager Wysocki indicated no written testimony has been received in his office.
. 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 and Mayor Swanson; those
voting No, none.
It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the
customary one-week waiting period for land use decisions be waived. The motion failed by the
following Aye and No vote: those voting Aye, none; those voting No being Commissioner Knapp,
Commissioner Frost, Commissioner Vincent and Mayor Swanson.
Mayor Swanson indicated that the decision on this conditional use permit will be made
at next week's meeting.
adiournment - 10:35 D.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Frost, seconded by Commissioner Vincent, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none.
07-19-93
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eTTEST:
GJ~ d
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
07-19-93