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HomeMy WebLinkAboutAugust 20, 2012 Draft Minutes, Part3.pdf Page 1 of 8 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 20, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, August 20, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, and Commissioner Cyndy Andrus, Assistant City Manager Chuck Winn, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:05 A. Call to Order-6 p.m.-Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6 p.m. 0:00:06 B. Pledge of Allegiance and a Moment of Silence 0:00:44 C. Changes to the Agenda Mayor Becker asked Assistant City Manager Chuck Winn if there were any changes to the agenda. Mr. Winn clarified that Action Item 2 is a qausi judicial hearing. 0:01:05 E. Minutes-July 9, 2012 0:01:13 Motion and Vote to approve the minutes from July 9, 2012 It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve the minutes from July 9th. Those voting Aye being Deputy Mayor Krauss, Crs. Mehl and Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:01:30 D. Authorize the Absence of Commissioner Taylor 0:01:33 Motion and Vote to authorize the absence of Cr. Taylor. It was moved by Cr. Mehl, seconded by Cr. Andrus to authorize the absence of Cr. Taylor. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. 12 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 2 of 8 The motion passed 4-0. 0:01:48 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve a letter supporting a grant application to the Gallatin County Resource Advisory Committee from the Friends of Hyalite for snow plowing on Hyalite Canyon Road (Mayor Becker) 0:01:58 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:02:06 Motion and Vote to approve consent items F. 1 and 2 as submitted. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to approve consent item F. 1 and 2 as submitted. Those voting Aye being Crs. Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 0:02:22 G. Public Comment Mayor Becker opened general public comment. No person commented. Mayor Becker closed public comment. 0:02:58 H. Action Items 0:02:58 1. Jarvi Administrative Project Decision, Appeal No. C-12002 (continued from August 13) (Kramer) 0:03:28 Courtney Kramer, Associate Planner Ms. Kramer gave the staff presentation regarding the Jarvi Administrative Project Decision, Appeal No. C-12002 (continued from August 13). 0:13:33 Commission Questions The Commission and Staff spoke regarding prior applications related to this property, the side yard of the property, character of the neighborhood, the findings and the application standards and criteria. 13 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 3 of 8 0:18:47 Jeffrey Jarvi, applicant Mr. Jarvi gave the applicant presentation regarding the Jarvi Administrative Project Decision, Appeal No. C-12002. He is the adjoining property owner. Mr. Jarvi has four issues that he has concerns with including the location of the required 20 foot rear yard setback for residential properties on a corner lot, the sewer line, storage in side yard and protection of existing trees. 0:41:15 Property Owner Ms. Brown spoke regarding the design process of the property and Mr. Jarvi's concerns. 0:48:02 Public Comment Mayor Becker opened public comment. 0:48:14 Lewis Gordon, Public Comment Mr. Gordon of 407 West Koch stated that he supports the appeal. 0:51:56 Heather Cromwell, Public Comment Ms. Cromwell of 602 South 3rd Street spoke regarding the project and stated that the project is not as large as people think because the applicant is removing some of their existing residence. 0:53:04 Chris Miller, Public Comment Mr. Miller urged the Commission to approve the project. He thinks that it is fine. 0:55:13 Public Comment closed Mayor Becker closed public comment. 0:55:20 Questions for Staff The Commission and staff discussed set backs, encroachments, when set backs were adopted, the conditions, trees, clean outs and the property line. 1:04:12 Ms. Kramer Ms. Kramer spoke regarding the property lines. 1:05:40 Mr. Jarvi Mr. Jarvi spoke regarding the clean out. 1:06:32 Public Hearing closed Mayor Becker closed the Public Hearing. 1:08:25 Motion that having reviewed application materials, considered public comment and all information presented, I move to uphold the Brown/Charles Administrative Project Decision, thereby denying the Jarvi Administrative Project Decision Appeal, Application C-12002. It was moved by Cr. Mehl seconded by Cr. Andrus that having reviewed application materials, considered public comment and all information presented, I move to uphold the 14 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 4 of 8 Brown/Charles Administrative Project Decision, thereby denying the Jarvi Administrative Project Decision Appeal, Application C-12002. 1:08:50 Commission Discussion The Commission discussed the rear yard, the sewer line, trees, concern of lot reconfiguring, adjacent homeowner needs and allowing investment in properties. 1:25:45 Vote on the Motion that having reviewed application materials, considered public comment and all information presented, I move to uphold the Brown/Charles Administrative Project Decision, thereby denying the Jarvi Administrative Project Decision Appeal, Application C-12002. Those voting Aye being Crs. Mehl, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 3-1. 1:26:34 2. Bertelli/Bowers Remodel and Addition Certificate of Appropriateness with Deviations at 702 South Grand Avenue, Application No. Z-12154 (Brekke) 1:26:38 Mayor Becker Mayor Becker disclosed that this house neighbors his property. 1:27:02 Allyson Brekke, Planning Associate Ms. Brekke gave the staff presentation regarding the Bertelli/Bowers Remodel and Addition Certificate of Appropriateness with Deviations at 702 South Grand Avenue, Application No. Z- 12154. 1:37:27 Commission questions for staff The Commission and Staff spoke regarding the porch, the balcony, profiles, design guidelines and garage access. 1:45:14 Applicant Presentation Jillian Bowers gave the applicant presentation for her project. 1:46:09 Commission Questions for Applicant The Commission and applicant discussed the porch. 1:47:19 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 1:47:38 Commission questions for Staff The Commission and staff discussed the balcony. 15 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 5 of 8 1:50:49 Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12154 and move to approve the Bertelli/Bowers Remodel and Addition Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z- 12154 and move to approve the Bertelli/Bowers Remodel and Addition Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions. 1:51:21 Amendment to the Motion to strike condition 1 A. in its entirety. It was moved by Cr. Mehl, seconded by Cr. Andrus to strike condition 1 A. in its entirety. 1:51:33 Vote on the Amendment to strike condition 1 A. in its entirety. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss and Cr. Becker. Those voting No being none. The motion passed 4-0. 1:52:22 Discussion on the Main Motion The Commission discussed the remodel. 1:53:05 Vote on the Main Motion as amended that Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12154 and move to approve the Bertelli/Bowers Remodel and Addition Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 1:53:19 3. Engstrom Accessory Dwelling Unit Conditional Use Permit at 2224 Bucks Run Court, Application No. Z-12179 (Quasi-Judicial) (Thorpe) 1:53:22 Keri Thorpe, Associate Planner Ms. Thorpe gave the staff presentation regarding the Engstrom Accessory Dwelling Unit Conditional Use Permit at 2224 Bucks Run Court, Application No. Z-12179. 16 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 6 of 8 1:58:30 Commission questions for Staff The Commission and Staff spoke regarding the differences between duplexes and accessory dwelling units, owner residency requirements and square footage. 2:01:23 Applicant Presentation TJ Engstrom gave the applicant presentation regarding his project. 2:02:33 Public Comment Mayor Becker opened public comment. 2:02:49 Chris Miller, Public Comment Mr. Miller stated that he owns property right behind the project. He doesn't want it approved 2:08:15 Public Comment closed Mayor Becker closed public comment. 2:08:25 Applicant response to public comment The Applicant spoke regarding the design and occupancy of the structure. 2:10:19 Motion that having reviewed application materials, considered public comment, and all information presented, I hereby move to approve Conditional Use Permit application Z-12179 to allow an accessory dwelling unit at 2224 Bucks Run Court and hereby incorporating by reference the conditions of approval and findings included in the staff report. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl that having reviewed application materials, considered public comment, and all information presented, I hereby move to approve Conditional Use Permit application Z-12179 to allow an accessory dwelling unit at 2224 Bucks Run Court and hereby incorporating by reference the conditions of approval and findings included in the staff report. 2:10:46 Commission Discussion on the Motion The Commission discussed residency requirements. 2:11:33 Vote on the Motion that having reviewed application materials, considered public comment, and all information presented, I hereby move to approve Conditional Use Permit application Z-12179 to allow an accessory dwelling unit at 2224 Bucks Run Court and hereby incorporating by reference the conditions of approval and findings included in the staff report. Those voting Aye being Deputy Mayor Krauss, Cr. Mehl, Cr. Andrus and Mayor Becker. Those voting No being none. The motion passed 4-0. 17 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 7 of 8 2:11:46 4. Provisional Adoption of Ordinances 1827 and 1828, Amending the Bozeman Municipal Code to revise provisions establishing the Board of Adjustment, enabling the Commission to place it on hiatus and to consolidate references to review authorities throughout the Unified Development Code, and expand Administrative Approval Authority, Application No. Z-12064 (open and continue to August 27) (Saunders) 2:12:31 Tim McHarg, Planning Director Mr. McHarg stated that some additional work needs to be done on this item and asked that it be moved to next week. 2:12:54 Public Comment Mayor Becker opened public comment. No person spoke. Mayor Becker closed public comment. 2:12:56 Motion and Vote to open and continue Provisional Adoption of Ordinances 1827 and 1828, Amending the Bozeman Municipal Code to revise provisions establishing the Board of Adjustment, enabling the Commission to place it on hiatus and to consolidate references to review authorities throughout the Unified Development Code, and expand Administrative Approval Authority, Application No. Z-12064 to August 27, 2012. It was moved by Cr. Mehl, seconded by Cr. Andrus to open and continue Provisional Adoption of Ordinances 1827 and 1828, Amending the Bozeman Municipal Code to revise provisions establishing the Board of Adjustment, enabling the Commission to place it on hiatus and to consolidate references to review authorities throughout the Unified Development Code, and expand Administrative Approval Authority, Application No. Z- 12064 to August 27, 2012. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Becker and Mayor Krauss. Those voting No being none. The motion passed 4-0. 2:13:11 5. Provisional Adoption of Ordinance No. 1830, Amending the Bozeman Municipal Code to relocate provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards and amend Chapter 38 with administrative edits and improve various development standards, Application No. Z-12163 (open and continue to August 27) (Saunders) 2:13:55 Tim McHarg, Planning Director Mr. McHarg stated that this item needs to be open and continued to August 27, 2012. 18 Minutes of the Bozeman City Commission meeting, August 20, 2012 Page 8 of 8 2:14:23 Motion and Vote to open and continue the Provisional Adoption of Ordinance No. 1830, Amending the Bozeman Municipal Code to relocate provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards and amend Chapter 38 with administrative edits and improve various development standards, Application No. Z-12163 to August 27, 2012. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to open and continue the Provisional Adoption of Ordinance No. 1830, Amending the Bozeman Municipal Code to relocate provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative standards and amend Chapter 38 with administrative edits and improve various development standards, Application No. Z-12163 to August 27, 2012. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 4-0. 2:14:48 I. FYI/Discussion 2:14:58 1. Haven Update 2:15:58 2. Story Mansion Landscaping 2:18:16 3. Commission schedules 2:20:00 J. Adjournment Mayor Becker adjourned the meeting at 8:27 p.m. ____________________________________ Sean Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 19