HomeMy WebLinkAboutCommission discussion with and direction to the Bozeman Board of Adjustment.pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Discussion with the Board of Adjustment on the purpose, scope, and
Commission direction on their duties
MEETING DATE: June 7, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Conduct discussion among the Commissioners and the Board of
Adjustment.
BACKGROUND: The Board of Adjustment (BOA) is a decision making board who
participates in the review of some development proposals in Bozeman. Their area of authority is
specified in ordinance. They have final approval authority.
The BOA uses the site plan and COA criteria of Chapters 18.28, 18.30, and 18.34, BMC as well
as the design guidelines adopted by the Commission for the Entryway Overlay District (Design
Objective Plan) and the Neighborhood Conservation Overlay District (Design Guidelines for
Historic Preservation and the Neighborhood Conservation Overlay District) as the criteria upon
which they base their review. All the identified documents are available through the Planning
Department website.
A Board of Adjustment is a required component of municipal zoning in Montana.
76-2-321, MCA. Board of adjustment. (1) A city or town council or other legislative
body may provide for the appointment of a board of adjustment and in the regulations
and restrictions adopted pursuant to the authority of this part may provide that the board
of adjustment may, in appropriate cases and subject to appropriate conditions and
safeguards, make special exceptions to the terms of the ordinance in harmony with its
general purposes and intent and in accordance with the general or specific rules
contained in the ordinance.
(2) An ordinance adopted pursuant to this section providing for a board of
adjustment may restrict the authority of the board and provide that the city or town
council or other legislative body reserves to itself the power to make certain exceptions
to regulations, ordinances, or land use plans adopted pursuant to this part.
(3) The board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to this part. Meetings of the board must be held at the call of the
presiding officer and at other times that the board may determine. The presiding officer
or in the presiding officer's absence the acting presiding officer may administer oaths
and compel the attendance of witnesses.
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The following excerpts from Title 18, Unified Development Ordinance, BMC describe the
current purpose and role of the Board of Adjustment. The Commission has specifically retained
the responsibility for hearing appeals.
From Section 18.64.010, Review Authority
C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB
as may be applicable approve, approve with conditions or deny applications for all variances
and deviations, site/sketch plans with variances or deviations, or conditional use permits
subject to this title, except planned unit developments and subdivisions. Decisions of the
BOA are subject to the appeal provisions of Chapter 18.66, BMC,
1. Exception. The City Commission may, by an affirmative vote of three of its
members at a regularly scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the Board of Adjustment. The vote
shall occur prior to the action of the Board of Adjustment.
From Section 18.62.010.G, Purpose of DRC, DRB, ADR, WRB, and BOA.
“G. Board of Adjustment Procedures Established. The BOA will be convened as necessary to
review applications for variances or deviations or applications involving variances or
deviations. The BOA will also review applications for conditional use permits. To implement
this purpose, certain procedures shall be adopted which may include, without limitation, a
regularly scheduled weekly or biweekly meeting attended by members of the BOA. A record
of the reviews and decisions shall be made. These records shall be preserved as part of the
official proceedings for each development proposal. Lastly, the BOA shall generally follow
“Robert’s Rules of Order” and may prepare and adopt supplemental procedural rules, upon
the approval of the City Commission, that will assure the accomplishment of the stated
purpose and promote the efficiency and effectiveness of the review process.
1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with staggered
terms. Members shall be appointed by the City Commission. A member may be removed
per Section 76-2-322, MCA. The concurring vote of four members of the board is required
to take official action.
2. In selecting the members, the City Commission shall give preference to residents of
the City of Bozeman. However, where a qualified resident is not available to serve,
the City Commission may appoint up to one non-resident member who practices
professionally, owns property or owns a business within the City.
a. Preference should be given to applicants who have prior experience with
local government, who will uphold the intent and purpose of the City’s land
use regulations, and who will honor the purpose of a Board of Adjustment.
UNRESOLVED ISSUES: This agenda item is for discussion purposes and no specific action is
required.
ALTERNATIVES: This agenda item is for discussion purposes and no specific action is
required.
FISCAL EFFECTS: This agenda item is for discussion purposes and no specific action is
required. No fiscal effects are expected from this item.
Attachments: None
Report compiled on: June 2, 2010
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