HomeMy WebLinkAbout08-20-12 Minutes, City Commission Bozo
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 20,2012
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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 Ave 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.
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Minutes of the Bozeman City Commission meeting,August 20,2012
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 Ave 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.
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Minutes of the Bozeman City Commission meeting,August 20,2012
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
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Minutes of the Bozeman City Commission meeting,August 20,2012
Brown/CharIcs 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 Ave 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 Ally-son 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.
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Minutes of the Bozeman City Commission meeting,August 20,2011
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 Ave being Crs. Mehl, Andrus, Deputy Mavor 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 Ave 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.
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Minutes of the Bozeman City Commission meeting,August 20,2012
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 Ave being Deputy Mayor Krauss, Cr. Mehl, Cr. Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
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Minutes of the Bozeman City Commission meeting,August 20,2012
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 Adiustment, 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 Ave 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.
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Minutes of the Bozeman City Commission meeting August 20,2012
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.
2:14:48I. 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.
OF•B•O241
Sean Bcefker, Mayor
ATT1I F:,%.
■ ■
Stacy',[ n lerk
PREPARED BY:
Stacy Ulmen, CM , ity�Qerk
Approved on S��)XR
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