HomeMy WebLinkAbout12-14-10 Board of Adjustment Minutes
BOARD OF ADJUSTMENT
TUESDAY, DECEMBER 14, 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 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
Richard Lee Brian Krueger, Associate Planner
JP Pomnichowski, Chairperson Tara Hastie, Recording Secretary
Pat Jamison
Caroline Adams
Chris Mehl, Commission Liaison
Members Absent Visitors Present
Cole Robertson Van Bryan
Dan Curtis
ITEM 2. MINUTES OF NOVEMBER 9, 2010
MOTION:
Vice Chairperson Sypinski moved, Ms. Jamison seconded, to approve the minutes
The motion carried 5-0
of November 9, 2010 as presented. . Those voting aye being Ms.
Jamison, Chairperson Pomnichowski, Mr. Lee, Ms. Adams, 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.}
Seeing no general public comment forthcoming, the public comment period was closed.
ITEM 4. PROJECT REVIEW
1. Altemus/Salter CUP/DEV #Z-10241
(Bristor)
th
15-17 South 5 Avenue
* A Conditional Use Permit with a Deviation Application to allow the
lawful establishment of office use on the property with less than the
required number of parking spaces for the structure.
Chairperson Pomnichowski opened the public comment portion of the item, seeing none
forthcoming, the public comment period was opened and continued to the January 11, 2011
15
Page of
Board of Adjustment Minutes – December 14, 2010
meeting of the BOA.
The item was opened and continued to the January 11, 2011 meeting of the BOA.
2. Dante’s All Beverage License CUP #Z-10305
(Krueger)
th
1611 South 11 Avenue
* A Conditional Use Permit Application to allow on-premise consumption of
alcohol.
Associate Planner Brian Krueger presented the Staff Report noting the proposal was for a
standalone Conditional Use permit to permit on-site sales and consumption of alcoholic
beverages. He stated the most recent Town & Country grocery store was on the same site and
noted the zoning designation for the property was B-1. He stated there were two tenant spaces
planned in addition to the grocery store use that had been approved in 2008; one tenant space was
th
occupied by a wireless provider and the restaurant space that would face 11 Avenue. He
directed the BOA to a photograph of the site and noted the restaurant use had always been
anticipated and the site plan had been reviewed with that use. He stated the retail tenant space
was at the front of the building and a small foyer connected the secondary entrance to the
proposed restaurant space. He stated everything on the site was reviewed and approved in 2008
and was in conformance with the UDO. He stated occupancy had been granted to the grocery
store and added that all site improvements had been completed. He noted the proposed footprint
and floor plan for the restaurant use; parking space estimates had been confirmed as to having
plenty of parking to meet the requirements. He stated the site was publicly posted and adjoiners
received a mailed notice. He stated Staff had received inquiries regarding the application but no
public comment was submitted. He stated Staff had reviewed the criteria for a CUP and neither
they nor the DRC had identified a need for additional special conditions of approval; he noted that
the base conditions and code provisions provided were specific to the CUP approval. He stated
Staff recommended approval of the proposal with conditions of approval and code provisions as
provided in the Staff Report.
Vice Chairperson Sypinski asked the number of feet required from a church to an establishment
that serves alcohol. Planner Krueger responded it was a State requirement but was 600 feet from
the entrances, which had been confirmed on the site.
Ms. Jamison asked if there were any time limitations stipulated for the proposal. Planner Krueger
responded Staff felt there was no need to restrict hours of operations based on the adjacent uses
though the applicant had offered hours of operations.
Mr. Lee asked if the site could be a standalone bar or if they were required to serve a certain
amount of food. Planner Krueger responded the State restricted the serving of alcohol in
conjunction with food, but Staff would defer those requirements to the State. Mr. Lee asked if the
license would ever allow gambling. Planner Krueger responded the license did not have
gambling attached to it.
25
Page of
Board of Adjustment Minutes – December 14, 2010
Chairperson Pomnichowski stated the application indicated the establishment would serve alcohol
only to midnight but were allowed until 2:00 a.m. Planner Krueger responded Chairperson
Pomnichowski was correct. Chairperson Pomnichowski asked the height of the proposed fence
on the patio. Planner Krueger responded the fence would be at least four feet, but there would not
be any access to the patio from the outside. Chairperson Pomnichowski asked Planner Krueger to
clarify whether or not a gate had been included for the patio. Planner Krueger responded the
applicant could explain better and added there may be a requirement for egress in that area.
Chairperson Pomnichowski stated the gate might be for egress and asked for clarification.
Planner Krueger responded Staff would defer to the Building Department requirements for egress
in that location. Chairperson Pomnichowski asked Attorney Cooper if there could be a condition
of approval included to address the gate on the patio. Attorney Cooper responded there were
general requirements of fulfillment of conditions and restrictions and he agreed with Planner
Krueger that the Building Department would be responsible for the review and approval of the
emergency egress required for the patio area. Chairperson Pomnichowski stated that when the
smoking patio for the Molly Brown was being considered it was access to a bar and a condition of
approval had been included for a lot of patio service proposal’s; she wondered why the condition
had not been included as she had expected to see the condition from then on. Attorney Cooper
responded the current application was to allow the on premise consumption of alcohol and not the
allowance of a smoking patio. Planner Krueger responded that typically, during DRC review, the
establishment of an outdoor area included a condition for emergency egress. Mr. Mehl stated the
Chairperson wanted to know if a condition of approval could be added to provide for the egress.
Attorney Cooper responded his recommendation would not be to add the condition of approval
for this application as the proposal was for the on-premise consumption of alcohol. Mr. Mehl
stated he would volunteer to meet with the applicant so the intent of the BOA would be met and
the applicant would follow all the pertinent laws. Chairperson Pomnichowski stated previous
applications had included the condition of approval and the criteria had been added that included
limited access to an establishment serving alcohol.
Chairperson Pomnichowski asked if there was any other access to the grocery store inside the
Dante’s space. Planner Krueger responded there was only one entrance to the establishment
through the shared foyer.
Van Bryan, applicant, addressed the BOA. He stated he had nothing to add but would answer any
questions. Chairperson Pomnichowski asked for clarification of the gate on the patio. Mr. Bryan
responded the gate was an egress requirement from the Building Department and would not be
used. Chairperson Pomnichowski asked if any other Board members were concerned with the
gate. Vice Chairperson Sypinski stated he was only minimally concerned with the gate as
somewhere like the Baccus had the same feature with more patrons.
Chairperson Pomnichowski noted the license was only good for two years and asked the date by
which they would complete construction. Mr. Bryan responded he was uncertain of a completion
date. Chairperson Pomnichowski asked if it would be within the two year time frame. Mr. Bryan
responded he thought the site would be completed by then.
35
Page of
Board of Adjustment Minutes – December 14, 2010
Attorney Cooper added gaming would have to be approved through another application through
the Planning Department and asked if the license was a floater license. Chairperson
Pomnichowski responded the application indicated it was a floater license. Attorney Cooper
responded floater licenses did not typically include gaming. Mr. Lee added the license included
that it was not eligible to allow gaming.
Chairperson Pomnichowski opened the item for public comment. Seeing no public comment
forthcoming, the public comment period was closed.
MOTION
: Vice Chairperson Sypinski moved, Ms. Jamison seconded, to approve Dante’s All
Beverage License CUP #Z-10305with Staff conditions and code provisions.
Chairperson Pomnichowski stated she found the application to be in keeping with the review
criteria as set forth in the UDO and she was supportive of the project as proposed. The Board
concurred.
The motion carried 5-0.
Those voting aye being Ms. Jamison, Chairperson Pomnichowski, Mr.
Lee, Ms. Adams, and Vice Chairperson Sypinski; those voting nay being none.
ITEM 5. Briefing by City Attorney (As necessary.)
Attorney Cooper stated he had a work in progress for draft findings of fact though it had been
postponed. He stated he would present an example at a later date.
ITEM 6. Briefing by Planning Staff (As necessary.)
No items were forthcoming.
ITEM 7. NEW BUSINESS
Ms. Adams stated she regretted to inform the public, Commission, Staff, and Board that it would
be her last meeting as she would be leaving Bozeman. She thanked the Board for the opportunity
to serve the community and the Board thanked her for her service.
Chairperson Pomnichowski stated there would be a vacancy on the Board and suggested members
with expiring terms should reapply if they so chose.
ITEM 8. F.Y.I.
Mr. Mehl thanked the Board for their hard work, time, and energy. He stated those that were
leaving would be missed and those that were coming back would be welcomed. Chairperson
Pomnichowski stated she agreed with Mr. Mehl.
ITEM 9.ADJOURNMENT
45
Page of
Board of Adjustment Minutes – December 14, 2010
There being no further business before the BOA, the meeting was adjourned at 6:36 p.m.
______________________________
JP Pomnichowski, Chairperson
City of Bozeman Board of Adjustment
55
Page of
Board of Adjustment Minutes – December 14, 2010