HomeMy WebLinkAbout09-14-10 Board of Adjustment Minutes
BOARD OF ADJUSTMENT
TUESDAY, SEPTEMBER 14, 2010
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:03 p.m.
in the City 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, Vice Chairperson Tim McHarg, Planning Director
Dan Curtis Tara Hastie, Recording Secretary
Pat Jamison
Caroline Adams
Cole Robertson
JP Pomnichowski, Chairperson
Chris Mehl, Commission Liaison
Members Absent Visitors Present
Richard Lee
ITEM 2. MINUTES OF JULY 13, 2010
MOTION:
Vice Chairperson Sypinski moved, Ms. Jamison seconded, to approve the minutes
The motion carried 6-0
of July 13, 2010 as presented. . Those voting aye being Ms. Jamison,
Mr. Curtis, Ms. Adams, Mr. Robertson, Chairperson Pomnichowski, and Vice Chairperson
Sypinski; those voting nay being none.
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.}
Commissioner Mehl reminded the BOA that the City was considering the Economic
Development Plan with regard to how the City can interact with the business Community better
and suggested any members could formally submit recommendations.
Chairperson Pomnichowski asked if there was a draft of the Economic Development Plan
available for review. Mr. Mehl responded there was not currently a draft though there was a
Plan in place already, but comments were being compiled to forward as recommendations to the
City Commission for amendments to the document. He noted the Commission would be eager to
see the Board Of Adjustment recommendations. He added there was an equal role between
economy and efficiency. Chairperson Pomnichowski clarified that there was an adopted
Economic Development Plan in place. Mr. Mehl responded Chairperson Pomnichowski was
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correct.
ITEM 4. PROJECT REVIEW
1. Bar IX Creek Patio CUP/COA/DEV #Z-10200
(Bristor)
307-311 East Main Street
* A Conditional Use Permit with a Certificate of Appropriateness Application with
a Deviation to allow the installation of a concrete patio/seating area within the
required 35 foot watercourse setback and to allow the expansion of the sales of
alcohol for on-premise consumption.
Opened and continued to 10/12/10 to allow the applicant to submit additional materials and
more Staff review time.
The item was opened and continued to the 10/12/10 meeting of the BOA.
ITEM 5. Briefing by City Attorney (As necessary.)
There were no items forthcoming.
ITEM 6. Briefing by Planning Staff (As necessary.)
re no items forthcoming.
Director McHarg suggested the Planning Department could help facilitate comments from the
Board Of Adjustment to the City Commission for the Economic Development Plan and suggested
the BOA narrow the scope of the discussion to their jurisdiction.
Chairperson Pomnichowski stated that she considered the BOA’s role as implementation and
enforcement of the code and she saw the City Commission as the policy setting body, though she
appreciated the opportunity to make suggestions. She added she would prefer to see the Board
members comment individually. Mr. Mehl responded the Supreme Court offered suggestions for
Congress to consider and he felt it was a similar scenario; he added comments were not required,
but it would be a mistake by the Commission not to ask all of the advisory boards for their
recommendations. He added if an individual Board member felt it necessary to go further with
their comments, they could do so.
Vice Chairperson Sypinski stated he was privileged enough to serve on both the Planning Board
and Zoning Commission and his comments would be presented through those avenues.
Director McHarg suggested that the review authority of the Board Of Adjustment could be
considered and noted the BOA could review past applications to see if patterns emerged in the
overall efficiency and effectiveness of the review process. Vice Chairperson Sypinski stated he
thought a list had been compiled regarding types of applications that were reviewed by the BOA.
Chairperson Pomnichowski responded there was already a list, not only in the ordinance, but in
State statute as well. Vice Chairperson Sypinski stated applications having an impact on the
design of a development would be one good example of what should be discussed. The Board
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concurred that the item should be included on the next BOA agenda. Chairperson Pomnichowski
suggested the big picture view for economic development should be observed when reviewing
applications. Director McHarg added that consistent conditions of approval seen during project
review could be considered for codified in the Unified Development Ordinance. Mr. Mehl
suggested that now would be the right time to make amendments to the Economic Development
Plan, though the option would be available at a later date as well.
ITEM 7. NEW BUSINESS
Chairperson Pomnichowski verified the attendance of the BOA members for the rest of the year.
Mr. Robertson responded he would know his basketball schedule in advance and would provide
that information to the Recording Secretary.
ITEM 8. F.Y.I.
There were no items forthcoming.
ITEM 9.ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:17 p.m.
______________________________
JP Pomnichowski, Chairperson
City of Bozeman Board of Adjustment
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Board of Adjustment Minutes – September 14, 2010