HomeMy WebLinkAboutDitton Request to Annex 20 acres at 2210 Bridger Drive
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Ditton Annexation #A12003
MEETING DATE: June 11, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: The City Commission adopts the provided findings and approves
annexation request A-12003, with the recommended terms of annexation listed on pages 2-3 of
the staff report, and directs staff to prepare an annexation agreement for signature by the
applicable parties.
RECOMMENDED MOTION: Having heard and considered public testimony, the application
materials, and the staff analysis and findings, I move to approve annexation request #A-12003,
with the eight (8) terms of annexation listed on page 2-3 of the staff report, and direct Staff to
prepare an annexation agreement for signature by parties.
BACKGROUND: The property owner and applicant, Clara O. Ditton Living Trust, c/o Randy
Ditton, represented by David M. Albert, PLS has made application requesting to annex the
subject 20.0 acres to the corporate limits of the City of Bozeman and establish an initial
municipal zoning designation of RS (Suburban Residential District). The purpose of the
annexation and zone map amendment request is to create a five-acre parcel for the existing
residence and accessory buildings to remain in the family estate and a second, fifteen-acre parcel
that will be added to the adjoining landowner’s property, owned by Barnard Land and Livestock,
LP.
The subject property is located at 2210 Bridger Drive and is legally described as a tract of land
located in the SE 1/4 of Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1
of Certificate of Survey No. 2392-B. The property is situated north of Highway 86/Bridger
Drive and Greenwood Subdivision approximately one mile east of the intersection with Story
Mill Road.
The Development Review Committee considered the application and on April 25, 2012
recommended annexation of the property subject to several terms of annexation presented on
pages 2-3 of the staff report.
UNRESOLVED ISSUES: None determined at this time.
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ALTERNATIVES: 1) Approve the annexation as requested.
2) Deny the annexation request.
3) Approve the annexation with alterations to the terms of annexation.
4) Other as identified by the City Commission.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development with connection to City sanitary sewer and water services and service
by the public services (police, fire, streets, etc.) of the City. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal services at the time of future development.
Attachments: Staff report and Applicant’s submittal materials
Report compiled on: May 30, 2012
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#A-12004 Mahar Good Medicine Way Annexation Staff Report 1
City Commission Staff Report for the Ditton Annexation - File #A-12003
Item: Annexation #A-12003, an application requesting annexation of approximately 20.0 acres 2210
Bridger Drive and legally described as a tract of land located in the SE 1/4 of Section 32, T1S, R6E,
PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No. 2392-B.
Owner/Applicant: Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Story Creek Drive, Fort Collins,
CO 80525
Representative: David M. Albert, PLS, 404 E. Madison Avenue, Belgrade, MT 59714
Date/Time: Before the Bozeman City Commission on Monday, June 11, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Dave Skelton, Senior Planner
Recommendation: Approval with Contingencies
______________________________________________________________________________
Location
The subject property is located along the south side of Highway 86/Bridger Drive approximately one
mile east of the intersection with Story Mill Road and is commonly referred to as 2210 Bridger Drive.
The site is approximately 20.0 acres and is legally described as a tract of land located in the SE 1/4 of
Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No.
2392-B. Please refer to the vicinity map below.
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Proposal
The property owner and applicant, Clara O. Ditton Living Trust, c/o Randy Ditton, represented by David
M. Albert, PLS, proposes to annex the 20.0 acre subject property to the corporate limits of the City of
Bozeman and establish an initial municipal zoning designation of RS (Residential Suburban District).
The purpose of the annexation and zone map amendment request is proposed in order to create a five-
acre parcel for the existing residence and barn to remain in the family estate and a second, fifteen-acre
parcel that will added to the adjoining landowner’s property, owned by Barnard Land and Livestock, LP.
Both planning applications are currently scheduled before the City Commission for the June 11, 2012
agenda. The zoning is being reviewed as application Z-12056. The underlying land use designation for
the property is “Present Rural”. The property is currently vacant.
Recommended Terms of Annexation
Should the City Commission choose to accept the request for annexation, staff and the Development
Review Committee (DRC) recommend the following terms of annexation be addressed prior to
acknowledging the Annexation Agreement and formal annexation:
Recommended Terms of Annexation:
1. That the documents and exhibits to formally annex the subject property shall be identified as the
“Ditton Annexation”.
2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to-
protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the
Annexation Agreement.
3. An Annexation Map, titled “Ditton Annexation Map” with a legal description of the property and
any adjoining unannexed rights-of-way and/or street access easements shall be submitted by the
applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City
records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This
map must be acceptable to the Director of Public Services and City Engineer’s Office, and shall be
submitted with the signed Annexation Agreement.
4. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the
time of connection; and for future development, as required by Chapter 2, Bozeman Municipal
Code, or as amended at the time of application for any permit listed therein.
5. The Applicant shall provide and file with the County Clerk & Recorder executed Waivers of Right
to Protest Creation of SIDs for the following:
i. Street Improvements, including but not limited to paving, curb/gutter, sidewalk and storm
drainage facilities for Bridger Drive.
ii. Public water main improvements providing service to the property identified in the
current edition of the City of Bozeman Water Facility Plan.
iii. Public sewer main improvements providing service to the property identified in the
current edition of the City of Bozeman Wastewater Facility Plan.
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
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6. Water rights sufficient to supply the annual water demand for the developed property, or payment
of cash-in-lieu thereof, as determined by the Director of Public Services, shall be provided. This
provision may be deferred until the time of future development for parcels over 10 acres.
7. At the time of future development, the existing home on the property shall connect to public water
and sewer infrastructure and pay impact fees commensurate to service size, or be removed from the
property. Water rights, or cash-in-lieu thereof, shall be provided prior to connecting any building to
public water and sewer if not previously supplied for the property.
8. That the applicant executes all contingencies and terms of said Annexation Agreement with the City
of Bozeman within 60 days of the receipt of the annexation agreement, or annexation approval shall
be null and void. Unless otherwise filed with property,
Zoning Designation & Land Uses
The property is currently occupied by the family residence, farmstead and associated outbuildings and
fronts onto Highway 20/Bridger Drive. The following existing land uses and zoning are adjacent to the
subject property:
North: Residential annexed land (Creekwood Subdivision) zoned RS (Residential Suburban
District) – Designated “Suburban Residential” on the City of Bozeman Future Land Use Map.
South: Vacant; Unannexed County land zoned AS (Agricultural Suburban District) – Designated
“Present Rural” on the City of Bozeman Future Land Use Map.
East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – Designated
“Present Rural” on the City of Bozeman Future Land Use Map.
West: Developed lands under Gallatin Country jurisdiction (Green Acres Subdivision) zoned
“RS” (Residential Suburban District) – Designated “Suburban Residential” on the City of
Bozeman Future Land Use Map and large suburban tracts zoned “RS” (Residential Suburban
District) – Designated “Present Rural” on the City of Bozeman Future Land Use Map.
Adopted Growth Policy Designation
The subject property is recognized as “Present Rural” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan as noted on the attached map at the end of this staff report. The “Present
Rural” land use designation of the Bozeman Community Plan indicates that:
“This category designates areas where development is considered to be generally inappropriate over
the 20 year term of the Bozeman Community Plan, either because of natural features, negative
impacts on the desired development pattern, or significant difficulty in providing urban services.
The Residential and Residential Mixed Use categories contain adequate area to accommodate
residential development over the 20 year horizon of the Bozeman Community Plan. Development
within the Present Rural area would be generally disruptive to the desired compact urban land use
pattern depicted in the Plan. As Bozeman develops over time, it is expected that the City will expand
outward into areas previously designated as Present Rural. As the City’s growth policy is updated
from time to time, some areas currently classified as Present Rural are expected to be reclassified to
urban designations. Reclassification shall occur prior to development.
The property is not proposed for future development at this time for the reasons outlined in the
applicant’s narrative provided with the application.
Agency Review
The Planning Department requested written summary-review comments from the Bozeman
Development Review Committee (DRC) and other applicable review agencies regarding the request for
annexation. On April 25, 2012 the Development Review Committee (DRC) recommended approval of
the application with the recommended contingencies included above. Comments received as of the
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writing of this Staff Report have been outlined within this report according to the goals and policies of
City Commission Resolution No. 3907. Additional comments and/or recommendations received prior to
consideration of this request for annexation will be forwarded to the Commission as received.
Public Comment
The Department of Planning and Community Development has not received written public testimony
specific to the requested annexation. However, public comment received at the Zoning Commission
meeting on May 15, 2012 from residents in the adjoining subdivision to the west (Green Acres
Subdivision) expressed concern with flooding in the area as a result of the present condition of the
diversion dam on Bridger Creek. The diversion dam is situated further northeast of the subject property
where the watercourse passes under Highway 86/Bridger Drive. The residents expressed concern with
the present condition of the diversion dam and questioned who is responsible for the maintenance and
upkeep of the facility.
Planning Staff has discussed the matter with Dour Ritter, Sr. Water Master for the District Water Court
who indicated that once the name of the diversion dam has been determined and legally described that
the Montana Department of Natural Resources (DNRC) can determine who is claiming that “point of
diversion” for use of water rights. Mr. Ritter referred staff to Kerri Strasheim, DNRC Deputy Regional
Manager for Bozeman for further information who can provide a list of who is claiming this diversion
dam as a point of diversion, and potentially provide an opinion on who is responsible for maintenance
and upkeep of the facility. As of this writing no written comments have been provided by the DNRC.
Any comments received from the DNRC prior to the City Commission considering the requested
annexation and zone map amendment will be forwarded upon receipt.
Review Criteria & Findings
City Commission Resolution #3907 establishes four goals and eleven policies used to evaluate all
annexation requests. Staff requested comments from City Departments regarding the request. Those
comments have been incorporated into the following review of Resolution #3907.
Resolution No. 3907 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to
the City.
The property in question is contiguous to the City limits on its north boundary, exclusive the adjoining
Highway 86/Bridger Drive right-of-way.
Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without
regard to parcel size.
The subject property is not completely surrounded by the exterior boundaries of the City.
Goal 3: The City shall seek to annex all property currently contracting with the City for services
such as water, sanitary sewer and/or fire protection.
The subject property is not currently contracting with the City for any services. The property is presently
vacant.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for
development lying within the service boundary of the existing sewer system as depicted in the
Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in
the Bozeman Growth Policy.
The subject property lies within the 20-year sewer service boundary as depicted in the adopted 2007
Bozeman Wastewater Facilities Plan. The property is in proximity to existing municipal water and
sanitary sewer services to north in Creekwood Subdivision and to the west in Headlands Subdivision
PUD. However, as described above under the growth policy the property is designated as “Present
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Rural” where development is considered to be generally inappropriate over the 20 year term of the
Bozeman Community Plan, either because of natural features, negative impacts on the desired
development pattern, or significant difficulty in providing urban services.
Resolution No. 3907 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and
arterial streets, water rights, and waivers of right-to-protest against the creation of improvement
districts necessary to provide the essential services for future development of the city.
The Recommended Terms of Annexation include requirements for waivers of right-to-protest against the
creation of improvement districts for park maintenance and street improvements (Recommended Terms
of Annexation #2 & #5). Water rights are discussed under Policy Item No. 5 later in this report.
Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with
the application for annexation.
a. The initial application for annexation shall be in conformance with the current Bozeman
Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses,
said amendment process may be initiated by the applicant and conducted concurrently with the
processing for annexation.
The property is designated “Present Rural” within the Bozeman Community Plan. This annexation, and
the applicant’s proposed RS zoning (#Z-12056), would be in compliance with this designation in
accordance with Table C-16 of the Bozeman Community Plan based on the intent of the applicant to not
further develop the subject property at this time. A decision on the zoning designation will be evaluated
separately.
b. Initial zoning classifications of the property to be annexed shall be determined by the City
Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the
City Zoning Commission, prior to final annexation approval.
The applicant has applied for a Zone Map Amendment (#Z-12056) to establish an initial municipal
zoning designation of RS (Residential Suburban District) on the 20.0 acres. The Zoning Commission
held a public hearing on the Zone Map Amendment application on May 15, 2012 and recommended
approval of the requested RS designation. (The zone map amendment and the Zoning Commission’s
recommendation are addressed under that respective action item and packet materials for application #Z-
12056).
c. The applicant may indicate his or her preferred zoning classification as part of the annexation
application.
The applicant/owner has indicated that they prefer a zoning designation of R-1 (Residential Single
Household Low Density District) and that item is addressed under that respective agenda item and
packet materials.
Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee
will be charged for any City-initiated annexation.
The appropriate application processing and review fees accompanied the application.
Policy 4: It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the property.
This property has frontage along Highway 86/Bridger Drive, which is developed and paved to a county
standard at this time. Access locations will be determined during review of a future development
proposal.
Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire
usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion
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requirement necessary to provide the anticipated average annual consumption of water by
residents and/or users of the property when fully developed on the basis of the zoning
designation(s). The fee may be used to acquire water rights or for improvements to the water
system which would create additional water supply capacity. This policy may be subject to the
following exceptions:
a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval,
final site plan approval or the issuance of any building permits, whichever occurs first, provided
that the applicant executes a promissory note or other appropriate document acceptable to the
City.
This policy item has now been codified under Section 38.23.180 of the BMC. This section states:
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit,
planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based on the
annual demand for volume of water the development will require multiplied by the most
current annual unit price; or
2. A transfer to the city of ownership of water rights adequate to provide the volume of water the
development will require. A transfer of ownership of water rights must be in a manner
approved by the director of public services.
B. If adequate water rights or a payment-in-lieu was previously provided to the city for the subject
property, evidence of those rights or payment-in-lieu may be offered to demonstrate compliance
with this section. If the expected demand for water by the proposed development increases by more
than one acre-foot over that for which water rights or payment-in-lieu of water rights were
previously provided, additional water rights or payment-in-lieu of water rights equal to the
difference between the previously provided water rights or payment-in-lieu and the estimated
current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred by phase for phased developments or
for annexations when the phase or annexation is in excess of ten acres.
D. The city manager may adopt administrative procedures to implement this section. The director of
public services shall adopt standards for the calculation of demand for water use. The city
commission shall establish the unit cost for payment-in-lieu by resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the
date the payment-in-lieu of water rights is to be made to the city.
The parcel size is greater than 10 acres. Water rights or a fee in lieu will be carried out prior to final plat
approval, final site plan approval or the issuance of any building permits, whichever occurs first.
Policy 6: Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health, safety and welfare of the public. If it is found that adequate services
cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the
City to require the applicant to provide a written plan for accommodations of these services, or
not approve the annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions of the City
limits or lying outside the City limits but within the identified sewer or water service area
boundaries, shall generally not apply.
At the time of further development municipal services will be extended to the subject property. Water
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and sanitary mains currently exist immediately to the north of Highway 86/Bridger Drive in Creekwood
Subdivision and one-quarter mile to the west in Headlands Subdivision PUD. As noted previously,
there are no plans by the applicant to further develop the subject property at this time. Water rights will
be provided at the time of further development. The City is presently expanding its water and sewer
treatment plants to enable services to be delivered to additional development.
The Insurance Service Office’s Public Protection Classification program evaluates communities
according to a uniform set of criteria defined in the Fire Suppression Rating Schedule (FSRS). These
criteria incorporate nationally recognized standards developed by the National Fire Protection
Association and the American Water Works Association.
Utilizing the FSRS, ISO objectively reviews the fire suppression capabilities of a community and
assigns a Public Protection Classification- a number from 1 – 10. Class 1 represents exemplary fire
protection, and Class 10 indicates that the area’s fire suppression program does not meet minimum
recognition criteria. The ISO rating for Bozeman is 3. The Bozeman Fire Department participates in a
Mutual Aid Agreement to provide fire protection to subject area from the North Rouse substation. The
distance to the site from the substation is approximately 2.72 miles with a calculated response time of
3.96 minutes.
The applicants should be made aware that at the time of any further development on the property, the
land owners and their successors shall pay all additional impact fees. At such time that any site plan or
further development proposal is considered by the City, the extension of services will be determined in
detail based upon the type of development being reviewed by the advisory and decision-making bodies.
Responsibility for the extension of services lies with the landowners and successors.
The DRC considered the annexation request and did not identify any significant impacts to the City’s
sanitary sewer and water municipal facilities, or transportation system that could not be addressed or
fulfilled by the applicant during any subsequent review for further development of the property
Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services are requested or for which city services are currently
being contracted.
No City services are currently being contracted. With further development of the property, municipal
infrastructure will be requested and extended into the site.
Policy 8: The annexation application shall be accompanied by mapping to meet the requirements
of the Director of Public Service.
Mapping to meet the requirements of the Director of Public Service must be provided with the
Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by
11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal
description of said property. (Mapping requirements are addressed in Recommended Term of
Annexation #3).
Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in
accordance with Chpt. 2, Art. 6, Div. 9 Bozeman Municipal Code (Impact Fees), and in
accordance with the Bozeman Growth Policy and other policies as they are developed.
At the time of any development on the propert y, the land owner or their successors shall pay all impact
fees required by Chpt. 2, Art. 6, Div. 9 BMC. No impact fees are due at this time as the property is
vacant. After annexation the property will be subject to Chapter 2, Article 6, Division 9 which
establishes the impact fees for future development.
Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In
addition, notice shall be posted in at least one conspicuous location on the site in question, and
mailed to all owners of real property of record within 200 feet of the site in question using the last
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declared county real estate tax records, not more than 45 days nor less than 15 days prior to the
scheduled action to approve or deny the annexation by the City Commission, specifying the date,
time and place the annexation will be considered by the City Commission. The notice shall
contain the materials specified by Section 38.40.020.A, BMC. In addition, where a commonly
identifiable street address is not visible on the property to be annexed, the notice shall provide a
map of the area in question so as to indicate its general location and proximity to surrounding
properties.
Notices of the public hearing have been sent and also posted along Highway 86/Bridger Drive in front of
the property as set forth under this policy.
Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of
distribution of the annexation agreement, unless another time period is specifically identified by
the City Commission.
This policy item is specified in Recommended Term of Annexation #8.
Policy 12: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Summary and Conclusion
Staff, the DRC and other local review agencies have reviewed the request for annexation and have
provided the above comments as they relate to the Goals and Policies set forth in Commission
Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation,
staff recommends that the terms of annexation listed in this Staff Report be addressed prior to
acknowledging the Annexation Agreement and formal annexation of said property.
Attachments: Applicant’s Submittal Materials
Report Sent to: Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Stony Creek Dr., Fort Collins, CO
80525
David M. Albert, PLS, 404 E Madison Avenue, Belgrade, MT59714
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May 8, 2012
Bozeman City Planners
RE: Proposed Ditton Annexation and Zone Change
This application is to request annexation and a zone change for a tract of land in Section 32, T1S, R6E
owned by Clara O. Ditton Living Trust and shown on Certificate of Survey 2392B as Tract B-1A. The
desired use of the land is to create a five to six acre tract containing the existing Ditton house and barn
by relocating the eastern and southern boundaries. The remaining fifteen acres will be added to the
existing tract owned by Barnard Land and Livestock L.P. consisting of Tract B-2A of COS 2392A and
Lot 23 of COS 35. The resultant two tracts will thus be the five-plus acre house tract and a 90-plus acre
tract that has no residential structures. This result was sought through an application for variance with
the county but was rejected because a variance for lot size is not supported by the county variance
rules.
Clara Ditton is 86 years old and suffering from Alzheimer's and is in a full care nursing home. The
proceeds would be used to fund her care and the zone change would allow the Dittons to keep the
family home and 5-plus acres thus alleviating the unnecessary hardship of funding this care without
access to her land equity. Because this property is adjacent to the city of Bozeman and has small lots
adjacent to it and across Bridger Canyon Road, it is reasonable to allow this annexation and the zone
change that will allow this desired solution. There will be no change of land use at this time and there
are no current plans to develop this land further.
This process is our last resort before trying to sell the whole tract along with the house. We tried twice
to obtain a variance from the tract size requirement through the county process only to find out that the
variance procedure does not apply to lot size. Mr Barnard has agreed to purchase this land by boundary
relocation if we can get permission to do it so this is the most expeditious way to do this and it will
allow Mrs. Ditton's son to continue living in the house in which he was raised.
Sincerely,
David M. Albert
P.L.S.
David M Albert
Registered Land Surveyor
404 E Madison Ave
Belgrade, Montana 59714
406 539-9086
406 388-7628
davidmalbert@aol.com
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