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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