Description Gallatin County/Bozeman Area Board of Adjustments January 17, 2006
Date 01/17/2006 Location Board of Adjustments
Time Speaker Note
4:01:08 PM Chairman Betty Bradley Item 1: Called to Order, Roll Call Gallatin County Board of Adjustment Members present were: Betty Bradley, Steve White, Gus Pfaehler, Shirley Nash, Ralph Miller. Gallatin County Staff present were: Planner Warren Vaughan, Deputy County Attorney Greg Sullivan and Recording Secretary Crystal Turner.
4:01:21 PM Chairman Betty Bradley Item 2: Public Comments There was no public comment on any matters within the Board's jurisdiction that was not on the agenda.
4:01:37 PM Chairman Betty Bradley Item 3: Approval of Minutes of October 18, 2005
4:01:44 PM Steve White I move that we approve the minutes.
4:01:45 PM Gus Pfaehler Second
4:01:46 PM Motion passed unanimously.
4:01:52 PM Chairman Betty Bradley Item 4: Public Hearing on the Evans Variance
4:01:59 PM County Planner Warren Vaughan Staff report. Clarification on procedural issues.
4:03:31 PM Board questions and discussion with Warren Vaughan.
4:04:12 PM Deputy County Attorney Greg Sullivan Advice
4:06:45 PM Board discussion/questions with Greg Sullivan regarding what would happen if the Planning Director had approved the variance and the Board's responsibility.
4:12:03 PM County Planner Warren Vaughan Continued Staff report and read into record letter from Planning Director Jennifer Madgic sent to Steve Evans, and letter in opposition from Stan and Diana Brechbuhler.
4:22:41 PM Steve Evans Applicant comments and apology.
4:24:30 PM Board questions and discussion with Steve Evans. Comments and clarification by Deputy County Attorney Greg Sullivan regarding his comments to Steve Evans. Clarification from Warren Vaughan about Jennifer Madgic's title(s), and discussion with the Board.
4:33:12 PM Dick Prugh, Prugh & Lenon Architects Presentation and apology.
4:36:45 PM Board asks Warren Vaughan to explain the building envelope. Comments by Dick Prugh on the setbacks, building envelope and engineering of the house.
4:42:29 PM Question and discussion between Warren Vaughan and Dick Prugh. Mr. Prugh stated that between preliminary plat and final plat the shape of the lot in question was changed.
4:47:33 PM Board comments and discussion including Steve Evans and Dick Prugh (applicant rebuttal), who submitted a blueprint-like drawing of structure, labeled Exhibit A (lines added by applicant, showing setback going through garage). Board continues discussion with Warren Vaughan, Dick Prugh and Greg Sullivan. Showed odd lot size on preliminary plat of Triple Tree Ranch Subdivision, labeled Exhibit B.
5:00:04 PM Public Comment Todd Kiloh
5:03:23 PM Board discussion about continuing this request.
5:03:42 PM Public Comment Patty Kiloh
5:05:18 PM Board discussion, which included Greg Sullivan. Board members discussed both in favor of denying the variance and in favor of granting the variance.
5:17:35 PM Ralph Miller I'll make a motion that the application of Evans, the Evans application for variance, be approved subject to the comments, recommendations, suggested conditions of the staff, being the applicant shall receive an approved Land Use Permit for the residence, although belatedly. But, I think that we should find the variance will not be contrary to public interest, I don't see that there is any, that a literal enforcement of this title will result in unnecessary hardship owing to conditions unique to the property, I think I covered that. Because of the size and the water accumulation at the back and other things, and that the spirit of this title will be observed, and substantial justice done. I think based on what my comments were that substantial justice in this instance will be accomplished, and so I move that the
application for variance be approved.
5:19:03 PM Shirley Nash Second
5:19:05 PM Motion dies 2:2. Gus Pfaehler recuses himself.
5:19:19 PM Board comments. Deputy County Attorney Greg Sullivan requests that the two who voted against the motion say for the record their findings.
5:21:23 PM Chairman Betty Bradley Read findings why she voted in opposition.
5:22:48 PM Board discussion regarding what the turn out will be at District Court, and on other business in agenda.
5:23:23 PM Chairman Betty Bradley Item 5: Election of Officers: Chairman, Vice-Chairman, Secretary
5:24:15 PM Ralph Miller I nominate Shirley Nash (for Chairman).
5:24:24 PM Gus Pfaehler Second
5:24:26 PM Board voted unanimously to appoint Shirley Nash to Chair.
5:24:28 PM Betty Bradley Vice-Chairman
5:24:41 PM Gus Pfaehler Vice-Chairman. How about Ralph?
5:24:44 PM Board comments/discussion
5:24:57 PM Betty Bradley Ok Gus. How about Vice-Chairman?
5:25:04 PM Steve White Second
5:25:07 PM Board voted unanimously to appoint Gus Pfaehler to Vice-Chair.
5:25:10 PM Betty Bradley We don't have secretaries. Meeting adjourned.
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