HomeMy WebLinkAbout09-28-15 Goldsmith 2521 W Babcock AnnexationRichard Goldsmith
31501 Eagle Way
Polson, Montana 59860
dickgsmith@gmail.com
September 28, 2015
Bozeman City Commission
Box 1230
Bozeman, Montana 59715
To: Bozeman City Commission,
On July 27, 2015 the Bozeman City Commission approved the annexation and zoning map amendment applications of 2521 West Babcock. I am asking the City Commission to reconsider and amend the terms of
this approval to remove item 11 of staff report which is the donation of a 12 1/2 foot street and utility easement
along the entire Southern boundary of 150 feet. We currently have a 32 1/2 foot easement donated along this
property boundary and demanding an additional 12 1/2 feet for a total easement of 45 feet places an extreme
hardship on the property due to the small size of the lot.
I am requesting the Commission to amend terms of approval for the following reasons:
1. This annexation application is required by our request for sewer service outside city limits. We are prohibited from replacing our septic system and we are required to connect to the city system. In order to obtain approval for the connection we must annex to the city. We have agreed to do that. 2. This is not a voluntary annexation rather it is required by the City Commission in an action item from January 5, 2015 which states “owner shall file a complete application for annexation and zoning within 6 months of connection to city sewer.” 3. When the City Commission approved the annexation and zoning on July 27th I told the City
Commission that I would not grant a further easement and was told that this condition would be
negotiated between applicant and staff.
4. In a letter from Chris Saunders dated 8/25/2015 he suggested that I ask the City Commission to
reconsider and amend the terms and remove condition 11 which is the donation of additional 12 1/2
foot easement. That is what I am asking for now. 5. Neither our connection to the city sewer system nor our annexation to the city will place a burden on the city’s street system. The condition of requiring a 12 1/2 foot road easement is unrelated to the impact of our application on the city. 6. Babcock Street was completely rebuilt in 2005 and does not have any need for additional improvements now or anytime in the foreseeable future. 7. There are numerous properties along West Babcock Street that have a 32 1/2 foot road easement as 2521 West Babcock has. A map is attached to this letter that shows West Babcock and the large number of properties that have a 32 1/2 foot road easement. Therefore the need for a 45 foot easement is highly remote.
8. We have agreed to all other terms and conditions including waiving our right to protest any and all
future SID’s.
We appreciate your reconsideration of condition 11 asking for additional easements and would ask that we are put on the City Commission agenda of November 9.
Sincerely,
Richard Goldsmith