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HomeMy WebLinkAboutLester, Affidavit , , . ; AFFIDAVIT EDGAR EUGENE LESTER, first being duly sworn, deposes and says: That I am the owner of the residential dwelling located at 10573 Kelly Canyon Road and that said dwelling contains approximately two thousand one hundred seventy-two square feet (2,172). The garage attached to this dwelling in which I would propose to conduct a home occupation as a custom meat cutter has approximately three hundred twenty (320) square feet of enclosed space. DATED this ~ day of July, 1979. L~~~ ~ EDGAEUGEN LESTER STATE OF HONTANA ) County of Gallatin ; S~___. On this ;I~ day of , 1979 before the undersigned, a Notary Public fo ve-captioned state, personally appeared EDGAR EUGENE LE known to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have - affixed my Notarial Seal the day and written. Notary u c Residing at: My Commission " , . , WILLIAM L. PEPPER . WILL..IAM L PEPPER ATTORNEY AT11..AW AREA CODE 406 TELEPHONE P,O. BOX 344 587-0695 GALLATIN BLOCK - 40 10, MAIN BOZEMAN. MONTANA 59715 July 10, 1979 Honorable City Commission City of Bozeman State of Montana Gentlemen: The purpose of this letter is to request an interpretation of use concerning the zoning applicable to the property owned by my client, Mr. Ed Lester. Mr. Lester owns the premises located at 10573 Kelly Canyon Road, which is in a zoning district classified as "Agriculture Suburban District". Under the provisions of Chapter 18.18.020 Permitted Uses, "home occupations" are allowed (see Subsection 6). Chapter 18.12.050 provides as follows: "If questions arise concerning the appropriate classification of a particular use, or if the specific use is not listed, the City Commission shall determine the appropriate classification for that use. In interpreting use classification, the City Commission shall determine: l. That the use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located. 2. That the use is similar to one or more uses permitted in the district wherein it is proposed to be located. 3. That the use will not cause substantial injury to values of property in the neighbor- hood or district wherein it is proposed to be located. 4. That neither the intent of the ordinance nor the intent of the district will be abrogated by such classification. My client is employed by the Campus Square Cinema and proposes to conduct a meat cutting business on a part time basis from the garage attached to his dwelling. Hr. Lester advises that he . . , . . , . . I simply proposes to accept orders from farmers to cut their meat for them. No killing would be done on the premises, rather, he anticipates receiving orders, then going to the particular rancher's horne, killing the beef there, cutting it into quarters, then transferring the meat by pickup truck to his garage. Mr. Lester further advises that the exterior appearance of the building will be in no way affected by his proposed business. Lastly, for your information, are the signatures of all the neighbors within one mile of Mr. Lester's residence indicating that they have no objection to the proposed operation. On behalf of my client, request is hereby made that determination be made that what he proposes to do constitutes a "home occupation" within the meaning of Chapter 18.12.020(6). Finally, I would like to point out to the Commission that Chapter 18.18.010 of the "Agriculture Suburban District" provides as fo11ows~ "The intent of this district is to discourage small tract development in areas of agricultural importance and in areas of environmental concern. It is intended that through the use of this dist- rict, agricultural pursuits will be encouraged and environmental concerns, such as high water table and flood plains, will be protected." The operation proposed by my client is an agricultural ?ursuit compatible with the intent of the district. It would be appreciated if we could be placed on the agenda for the next available meeting of this honorable commission. If you have any questions, please feel free to contact me at any time. Very truly yours, WLP/mjc . 1)'pJ1tt '0 ~rL j/;<et' f""e o"(t "\AP h o.tI() l. /I ~)f ~ L....<; 0. ) ; l::rrJJ.f ~~ ~r-J&~ . - . . " · I.if! ...~ ~ -~ npC?e-r? ~ . ~/?? ~ ~ ~ ~r' ~ o-p~ ;J:P'/?? ~ ~ 7" ~~~ ~~ ~~~ -~~~)?n ~ Q:'O?: ~ C7JCY . np r 6~/p~ . '. . , . . ... - ~ {~ 11II . ~ ...