Description Gallatin County Board of Adjustments
Date 10/18/2005 Location October 18, 2005
Time Speaker Note
4:04:36 PM Chairman Betty Bradley Item 1. Call to Order and Roll Call. Gallatin County Board of Adjustment Members Present: Chairman Betty Bradley; Vice-Chairman Steve White; Shirley Nash; Ralph Miller; Gus Pfaehler. Gallatin County Planning Staff Present: Planner Warren Vaughan; Planner Victoria Drummond; Recording Secretary Judy Noreen
4:04:50 PM Chairman Betty Bradley Item 2. Public Comments - None
4:05:00 PM Chairman Betty Bradley Item 3. Approval of Minutes of August 16, 2005
4:05:06 PM Steve White He moved to approve the Mintues for August 16, 2005.
4:05:10 PM Ralph Miller Second
4:05:16 PM Chairman Betty Bradley There was a change in the agenda: Bulger and Sales variance applications will be switched.
4:05:39 PM Planner Victoria Drummond Item 4. Bulger Variance. She presented her staff report with exhibits from adjacent landowners having no objection.
4:09:37 PM Steve White Questioned staff regarding the address.
4:09:59 PM Planner Victoria Drummond Answered, 111D is the address and that this is lot is 111A.
4:10:26 PM Board questions and clarification from staff.
4:11:51 PM Chairman Betty Bradley Applicant presentation.
4:12:09 PM Darrell Kroon Applicant representative presentation.
4:13:05 PM Board questions to representative and clarification on the hardship for the variance.
4:16:56 PM Planner Victoria Drummond Gave the board examples for a hardship.
4:18:43 PM Steve White Explained what the BOA does and has to comply and bound by rules. He read from the regulation.
4:21:53 PM Darrell Kroon Answered
4:22:28 PM Ralph Miller Talked about criteria for a variance. That this could be a hazard for public safety for the narrow street during the winter due to icy conditions.
4:25:06 PM Chairman Betty Bradley Public testimony - none.
4:25:16 PM Darrell Kroon Applicant rebuttal - none
4:25:33 PM Ralph Miller He made a motion that this application as filed should be approved, there was no public testimony oral or written that reflects the variance being contrary to public interest so it complies with public interest; I just stated the hardship, justice done if what I said was upheld; subject to staff suggested conditions.
4:26:53 PM Steve White Second
4:27:02 PM Chairman Betty Bradley Vote: 2-3 motion denied.
4:27:17 PM Planner Victoria Drummond She read from the regulation Section 56.080 for appeal process.
4:28:09 PM Deputy County Attorney Greg Sullivan He asked for a finding for denial.
4:28:35 PM Steve White One of the critical elements of the decisions that we make here is that the literal enforcements of this title will result in the unnecessary hardship owing to the conditions unique to the property. The literal hardship can not be self created, but unique to the property that would prohibit someone to comply with the zoning regulations for the setbacks. I did not see that situation here.
4:32:34 PM Gus Pfaehler It violates the percent coverage also.
4:32:57 PM Steve White We have to look at the three criteria to give a green light to the 40% and I did just did not see anything unique to the property.
4:33:19 PM Chairman Betty Bradley Item 5. Sales Variance.
4:33:29 PM Planner Warren Vaughan Staff presentation
4:35:49 PM Richard Shanahan Applicant representative presentation and power point presentation.
4:47:04 PM Steve White Questioned the drawing of the project on the power point slide.
4:47:49 PM Board discussion with staff and applicant representative regarding the two different drawings.
4:52:41 PM Board discussion with applicant representative on hardship.
4:53:59 PM Applicant Walter Sales Applicant presentation and explanation for a hardship with unusual lot.
4:59:39 PM Chairman Betty Bradley Public testimony
4:59:48 PM Dan Kamp He lives two doors down at 24 Riverside Drive and parents live next door to the Sales. No objection, but questions the project. Asked a question to the deputy county attorney.
5:03:00 PM Deputy County Attorney Greg Sullivan Advice
5:03:40 PM Steve White Question to staff
5:05:01 PM Planner Warren Vaughan Answered
5:05:47 PM Steve White Asked for advice from deputy county attorney.
5:06:50 PM Deputy County Attorney Greg Sullivan Advice
5:07:53 PM Dan Kamp Presented a letter from his father.
5:08:15 PM Luann Harris Neightbor who lives at 27 Riverside Drive and pointed out the lot on the plat is wrong, it is our lot as stated.
5:08:51 PM Planner Warren Vaughan Explained the discrepancy on lot described. It should be lot 26, not lot 27.
5:10:16 PM Ralph Miller No adverse public comments, the spirit of the title of the zoning regulation will have substantial justice done and enhance his property and better use and complies with A and C of the criteria, but have to come up with a hardship. I think it complies with B because there is no reasonable alternative to be able to add on. All three criteria are complied with in this situation.
5:13:03 PM Gus Pfaehler Disagreed with Mr. Miller.
5:13:52 PM Steve White He talked about the two versions. The public has not seen the second version and what we advertised has to be the application that is considered. The public has to have the proper notice.
5:16:00 PM Walter Sales Answered
5:16:57 PM Board, applicant and staff discussion
5:19:45 PM Ralph Miller He questioned staff and deputy county attorney.
5:20:12 PM Deputy County Attorney Greg Sullivan Advice
5:21:37 PM Board discussion with staff and applicant.
5:30:55 PM Deputy County Attorney Greg Sullivan Advice - two variances discussed today. The application as submitted the Board can go forward with now.
5:32:22 PM Board discussion
5:33:26 PM Deputy County Attorney Greg Sullivan Advice.
5:34:23 PM Board discussion
5:35:43 PM Planner Warren Vaughan Staff discussion with applicant
5:37:41 PM Board discussion with applicant
5:44:18 PM Chairman Betty Bradley Discussion with applicant.
5:46:25 PM Chairman Betty Bradley Asked Board for discussion or motion.
5:46:48 PM Ralph Miller He moved this application be approved by the BOA as filed, I made justification with A, B and C previous in disucssion. A and C are complied with and B is a unique condition applicable to the property with size and shape of property; subject to the conditions of staff.
5:48:14 PM Shirley Nash Second
5:48:18 PM Vote: 3-2 as submitted is approved. Pfaehler and White voted no.
5:49:49 PM Chairman Betty Bradley Adjourned
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