HomeMy WebLinkAboutResolution 4419 suspending Board of Adjustment and retaining powers to Commission_12 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders
SUBJECT: Commission Resolution 4419 suspending independent operation of the
Board of Adjustment and retaining to the Commission the powers of the Board of Adjustment
MEETING DATE: December 3, 2012
AGENDA ITEM TYPE: Action
SUGGESTED MOTION: Having considered the draft resolution and considering all presented
materials and public comments I move to approve Commission Resolution 4419.
BACKGROUND: The City Commission recently approved Ordinance 1827 which took effect on October 10, 2012. As part of the ordinance a process was established by which a zoning
Board of Adjustment could be created and activated to operate in administering defined portions
of the City’s zoning standards. A process was also created to suspend the independent action of
the Board of Adjustment. The state law which authorizes municipal zoning provides for the City
Commission to act in the role of a zoning Board of Adjustment.
The change in operating status of the Board of Adjustment occurs through the commission
resolution process after a public hearing is conducted. The procedure being completed now is to
have the City Commission suspend the Board of Adjustment from acting as an independent
body.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Adopt or not adopt the draft resolution or continue the discussion to an
alternate date.
FISCAL EFFECTS: None at this time.
Attachments: Commission Resolution 4419 Report compiled on: 11/19/2012
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Page 1 of 2
COMMISSION RESOLUTION NO. 4419
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SUSPENDING THE BOARD OF ADJUSTMENT AND RECLAIMING ALL DUTIES OF THE BOARD OF ADJUSTMENT TO THE CITY COMMISSION PER
SECTION 2.05.2800, BMC.
WHEREAS, Section 76-2-321, MCA provides authority to municipalities for the
creation of a Board of Adjustment to aid in the administration of a municipal zoning ordinance
and for the governing body to act in the role of the Board; and
WHEREAS, Chapter 2, Article 5, Division 16 of the Bozeman Municipal Code
implements the authority of Section 76-2-321, MCA and establishes procedures for the
establishment, activation, and suspension of the Board of Adjustment as deemed necessary by
the City Commission; and
WHEREAS, A public notice was published in the Bozeman Daily Chronicle on
November 11, 2012 and November 18, 2012 informing the public of a hearing to be held on
December 3, 2012; and
WHEREAS, The City Commission has given due consideration to the issue of how
best to administer the City’s zoning regulations and having held a public hearing on December 3,
2012 to receive public comment; and
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Resolution No. 4419, Suspending the Board of Adjustment
Page 2 of 2
WHEREAS, The City Commission finds that it is in the best interest of the proper
administration of the City’s Chapter 38, Unified Development Code, BMC.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
The City of Bozeman Zoning Board of Adjustment is hereby dissolved and suspended
in its functions and the City Commission hereby reserves to itself the power to review any
projects not otherwise delegated in ordinance. Any applications now in the review process which
have not been publicly noticed for review before the Board of Adjustment shall be considered by
the City Commission.
Section 1
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ________, 2012.
___________________________________
SEAN A. BECKER
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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