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HomeMy WebLinkAbout08-Administrative Interpretation Appeal for West Winds Phase 4August 21, 2008 Rec. No 045067.125 H:\04\S067126\Final Plat\Notice of Adm Appeal.doc City of Bozeman Stacy Ulmen Clerk of Commission 411 East Main P.O. Box 1230 Bozeman, MT 59771-1230 RE: West Winds Phase 4 Breeze Lane Notice of Intent to File Administrative Interpretation Appeal Dear Stacy: N E N G I N E E R I N G 920 Technology Boulevard Suite A Bozeman, MT 59718 Phone: 406.586.8834 Fax: 406.586.1730 www.hkminc.com Hand Delivered On behalf of Cascade Development, Inc., .HKM Engineering formally provides notice of intent to file an "Administrative Interpretation Appeal" per 18.66.040 of the UDO for the interpretation provided by Andy Epple Planning Director as detailed within the attached letter from Chris Kukulski dated July 23, 2008. A complete application as detailed by 18.78.150 ADMISTRATIVE INTERPRETATION APPEALS will be submitted to the City Planning Office by August 22, 2008. If you need any additional information or have any questions, please feel free to contact our office at (406) 586-8834. Sincerely, HKM Engineering Clm itle, P.E. Senior Project Manager Attachments BILLINGS, MONTANA BUTTE, MONTANA GREAT FALLS, MONTANA HELENA, MONTANA MILES CITY, MONTANA SHERIDAN, WYOMING LANDER, WYOMING 406.656.6399 406.723.6213 406.453.4065 406.442.0370 406.234.6666 307.672.9006 307.332.3285 G t/ L4/ LGGCS G7: G7 ~iGb~tSZZ.~GZ cz~z'x o~ BazEM.~,Iv Bozeman, Montana July 23, 2Q08 MAI.I~ Ms. Hertha L Lund WiTT[CH LAW FIRM b02 Ferguson ~1.ve., Suite S Bozeman, MT 55718 RE: W135T WINDS PR4JFCT / BRfiEZE WAY ISSUE Dear Ms. Herth~a: wf~at e1~da BY FAX. TQ 5$5-2811 ANTS .13X U.S. In resportse to your, letter dated July 1$, 2003, l am unable to concur with your analysis and articulation of the issues pertaining to the alignment of Breeze Way through the southwest quadrant of West Winds Planned Unit l~evetopment (PUD). in his communications with Mr. Dunlap, Mr. Eppl.e has articulated an administrative decision that the changes i.n street alignment lvl..r. Dunlap proposes ale not consistent with the preliminary PUI~ or. preliminary subdivision plat approvals previously granted by the City Commission. Tn corning to this conclusion, Mr. Epple has determined that the proposed ch.artges in street alignment are not minor., but ion fact would change the character of the development. These findings have led Mr. Epple to advise Mr. Dunlap that ho needs to re-apply for preliminary 1?UD and subdivision plat approvals before proceeding with these plans. You essentially argue that Mr. Epple has erred in making this determination and decision. Chapter 18.66 BNIC provides a mechanism by which an aggrieved person c:an aplxal such a determination or decision to the City Commission. In particular, Section 15.66.010 C.S. dir©cts the Commission to: °`Hear and decide appeals where it is alleged there is error in any order, requirement, decision ar determination made by an administrative official in the enforcement of this title or of any standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the Planning Director in the manner provided in this chapter." Sirtce you believe Mr. Epple b.as erred in making his determination and decision in this matter, you should appeal his activz~, to the City Commission in the manner proscribed in Chapter 18.6E .13MC. Please let me know if you have a.ny questions or need any further information in this regard. S~inc~er~e~ly~, ~ ~ Ghris I{.ukulski City Manager Cc: Paul Luwc Andy Epple Strcct address: 411 E. 1Vlain St. Mailing address: P,O. Box 1230 Rercman, Mo»tana 59771-1230 Phone: (406) SR2-2300 Fax: (40Ci) 582-2344 Tni7: (40fi) SR2~2301