HomeMy WebLinkAbout04-13-10 Board of Adjustment Minutes
BOARD OF ADJUSTMENT
TUESDAY, APRIL 13, 2010
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:01 p.m.
in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to record the attendance.
Members Present Staff Present
Ed Sypinski Doug Riley, Associate Planner
Dan Curtis Greg Sullivan, City Attorney
JP Pomnichowski Tara Hastie, Recording Secretary
Richard Lee
Pat Jamison
Caroline Adams
Cole Robertson
Chris Mehl, Commission Liaison
Members Absent Visitors Present
Rosemary Lee
Shannon Douglas
ITEM 2. MINUTES OF MARCH 9, 2010
MOTION:
Mr. Curtis moved, Vice Chairperson Sypinski seconded, to approve the minutes of
The motion carried 5-0
March 9, 2010 as presented. . Those voting aye being Chairperson
Pomnichowski, Mr. Lee, Ms. Jamison, Mr. Curtis, and Vice Chairperson Sypinski; those voting
nay being none.
Ms. Adams joined the BOA.
ITEM 3.PUBLIC COMMENT
– (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Board Of Adjustment,
not on this agenda. Three-minute time limit per speaker.}
There was no public comment forthcoming.
ITEM 4. PROJECT REVIEW
1. Blackbird Kitchen Restaurant Beer & Wine License CUP #Z-10040 (
Riley)
140 East Main Street, Suite B
* A Conditional Use Permit Application to allow the on-premise
consumption of beer and wine.
President Pomnichowski introduced new member Caroline Adams.
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Board of Adjustment Minutes – April 13, 2010
Mr. Robertson joined the BOA.
Associate Planner Doug Riley presented the Staff Report noting the proposal was for placement
of a restaurant beer and wine license and added it was the current site of the Blackbird Kitchen
Restaurant. He noted the location of the site within the downtown B-3 zoning district. He
directed the Board to both exterior and interior photos. He noted the JLF building had been
extensively renovated as part of an expansion project in 2007. He directed the BOA to a floor
plan for the restaurant submitted as part of the liquor license application. He stated the restaurant
had been approved with the submittal of an application in 2009 and was current with all code
requirements. He clarified that the liquor license transfer did not include any gaming stipulations.
He stated one item of public comment had been received and Staff was supportive of the project
as proposed with Staff conditions of approval.
Vice Chairperson Sypinski asked if the transfer of the license meant that La Parilla would no
longer have a license. Planner Riley responded Vice Chairperson Sypinski was correct and La
Parilla would no longer have a on-premise license; he added legal Staff would need to be
consulted as the determination was currently that the CUP would remain in place for two years,
and after that time period, the CUP approval would lapse. Vice Chairperson Sypinski stated he
appreciated the inclusion of the liquor license application to the State in the materials submitted to
the BOA as it provided clarity; he suggested all similar applications include the same application.
Planner Riley responded Staff attempted to provide the State application for each CUP
Application submitted.
Commissioner Mehl joined the BOA.
Chairperson Pomnichowski stated in previous applications a condition of approval had been
added regarding outdoor seating and a condition requiring the inclusion of signs at the exits that
no alcoholic beverages leave the establishment; she asked why that condition of approval had not
been included. Planner Riley responded that the applicant had included signage in those locations
as part of their application submittal which would become a part of the overall approval.
Chairperson Pomnichowski asked Attorney Sullivan for his determination. Attorney Sullivan
responded he concurred with Planner Riley that the submittal became part of the approval and
added that the Board could include the condition in their approval.
Shannon Douglas, 315 N. Bozeman Ave. and representative of the Blackbird Kitchen stated she
had nothing to add to Planner Riley’s comments but would be available for questions.
Chairperson Pomnichowski asked if the applicant would be amenable to including a condition of
approval requiring interior signage that would prevent the removal of alcoholic beverages from
the establishment. Ms. Douglas asked if during Music On Main, alcohol could be removed from
the establishment. Chairperson Pomnichowski responded it could not be removed from the
premises even during Music on Main or other such events. Attorney Sullivan concurred.
Mr. Lee asked Ms. Douglas the procedure that would be used to prevent the sale of alcohol to
minors. Ms. Douglas responded their Staff would be trained to require identification before
service of alcohol and a sign would be included providing the date by which one must have been
born before being allowed to consume alcohol. Mr. Lee suggested Ms. Douglas emphasizes the
requirement to the Blackbird Staff that underage drinking would not be allowed.
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Board of Adjustment Minutes – April 13, 2010
Chairperson Pomnichowski opened the item for public comment. Seeing no public comment
forthcoming, Chairperson Pomnichowski closed the public comment portion of the meeting.
MOTION
: Vice Chairperson Sypinski moved, Mr. Lee seconded, to add condition of approval
#7 that signs be placed in the interior of the building to prohibit the removal of alcoholic
The motion carried 7-0
beverages from the establishment. . Those voting aye being Chairperson
Pomnichowski, Mr. Lee, Ms. Adams, Mr. Robertson, Ms. Jamison, Mr. Curtis, and Vice
Chairperson Sypinski; those voting nay being none.
Chairperson Pomnichowski stated she found the application to be in keeping with the review
criteria to allow the approval of the Conditional Use Permit Application.
MOTION:
Vice Chairperson Sypinski moved, Ms. Adams seconded, to approve Blackbird
Kitchen Restaurant Beer & Wine License CUP #Z-10040 with Staff conditions of approval and
the addition of condition of approval #7 that signs be placed in the interior of the building to
. The motion carried 7-0.
prohibit the removal of alcoholic beverages from the establishment
Those voting aye being Chairperson Pomnichowski, Mr. Lee, Ms. Adams, Mr. Robertson, Ms.
Jamison, Mr. Curtis, and Vice Chairperson Sypinski; those voting nay being none.
ITEM 5. Briefing by City Attorney (As necessary.)
Attorney Sullivan stated he did not have anything to discuss at this time.
ITEM 6. Briefing by Planning Staff (As necessary.)
Planning Staff stated they had nothing to discuss at this time.
ITEM 7. NEW BUSINESS
Chairperson Pomnichowski asked the Board to introduce themselves to Ms. Adams.
ITEM 8. F.Y.I.
Chairperson Pomnichowski stated she would provide Ms. Adams with the Board by-laws and
explained some of the Board’s review procedures. She stated requests for absences were on a
first come first serve basis and would need to be approved by the Chairperson.
ITEM 9.ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:24 p.m.
______________________________
JP Pomnichowski, Chairperson
City of Bozeman Board of Adjustment
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Board of Adjustment Minutes – April 13, 2010