HomeMy WebLinkAboutResolution No. 4228, American Legion Cultural Significance Sign Designation.pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: American Legion Cultural Significance Sign Designation Findings and
Resolution #4228 Adoption
MEETING DATE: February 1, 2010
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Approve findings and resolution for the cultural significance designation of
the American Legion projecting sign.
BACKGROUND: At their public hearing on December 14, 2009, the City Commission approved the
cultural significance sign designation of the “American Legion” projecting sign, by finding the sign has
cultural significance to the City of Bozeman, but does not conform to the sign provisions of the B.M.C.
In their motion, the Commission also directed City Staff to create findings and a resolution for future
adoption by the City Commission. The findings and resolution of adoption are presented here for
consideration.
FISCAL EFFECTS: None identified.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution #4228
Report compiled on: January 27, 2010
8
1 of 4
COMMISSION RESOLUTION NO. 4228
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DESIGNATING THE AMERICAN LEGION PROJECTING SIGN,
LOCATED AT 225 EAST MAIN STREET, BOZEMAN, MONTANA, AS CULTURALLY
SIGNIFICANT FOR THE COMMUNITY OF BOZEMAN, AS ALLOWED BY TITLE
18, CHAPTER 52, SECTION 160, BOZEMAN MUNICIPAL CODE (BMC).
WHEREAS, the City of Bozeman wishes to recognize signs that have historical or
cultural significance to the City but do not conform to the City sign regulations, as provided for
in Section 18-52-160, BMC.; and
WHEREAS, once a sign is designated to have historical or cultural significance, it shall
be recognized by resolution of the Bozeman City Commission; and
WHEREAS, at their public hearing on November 25, 2009, the Bozeman Design
Review Board considered the American Legion projecting sign as having cultural significance to
the City of Bozeman and made a recommendation of approval to the Bozeman City Commission;
and
WHEREAS, at their public hearing on December 14, 2009, the Bozeman City
Commission considered the American Legion projecting sign as having cultural significance to
the City of Bozeman; and
WHEREAS, the American Legion projecting sign does not meet the current sign
provisions of the BMC as it exceeds the maximum square footage permitted for projecting signs
in the B-3 zoning district; and
WHEREAS, Planning Staff presented the criteria for historic and cultural sign
designation; and
9
Resolution No. 4228, American Legion Sign
2 of 4
WHEREAS, the American Legion projecting sign is unique as it is the sole surviving
American Legion sign in the City of Bozeman, and therefore linked to an organization that has
been in existence in the Gallatin Valley for over 50 years; and
WHEREAS, the American Legion projecting sign is not mass designed or produced, but
specifically designed for the use of the American Legion Gallatin Post #14 organization; and
WHEREAS, the American Legion projecting sign is easily identified with the March 5,
2009 downtown explosion, a significant cultural event for the City of Bozeman; and
WHEREAS, Planning Staff answered questions for the Bozeman City Commission after
which the public was invited to give testimony; and
WHEREAS, no members of the public provided written and oral comments; and
WHEREAS, the Bozeman City Commission having received all public comment, closed
the public hearing; and
WHEREAS, the Bozeman City Commission found the American Legion projecting sign
as culturally significant to the City of Bozeman, and shall lawfully not conform to the sign
provisions; and
WHEREAS, a motion was made to recommend approval of the American Legion
projecting sign cultural sign designation and direct Planning Staff to come back with a formal
resolution; and
WHEREAS, the Bozeman City Commission on a vote of 5 to 0, hereby finds the
American Legion projecting sign as having cultural significance to the City of Bozeman, and
does not conform to the provisions of the Bozeman Municipal Code, and being fully informed
and having considered all relevant matter and review criteria.
10
Resolution No. 4228, American Legion Sign
3 of 4
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
That pursuant to Title 18, Chapter 52, Section 160 of the Bozeman Municipal Code the
American Legion projecting sign is found to have cultural significance to the City of Bozeman,
and that it may lawfully not conform to the provisions of the Bozeman Municipal Code.
Demolition of the sign shall terminate its lawful noncompliance.
Section 2
Severability.
If any provision of this resolution or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of the City of
Bozeman’s sign or land use regulations which may be given effect without the invalid provision or
application and, to this end, the provisions of this resolution are declared to be severable.
Section 3
Effective Date.
This cultural sign designation shall be in full force and effect upon passage.
11
Resolution No. 4228, American Legion Sign
4 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana at a
regular session held on the 1st day of February, 2010.
JEFFREY K. KRAUSS
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
Bozeman City Attorney
12