Description GC / BA Board of Adjustment September 19, 2006
Date 09/19/2006 Location Gallatin County Bozeman Area
Time Speaker Note
4:01:29 PM Chairman Shirley Nash Called to order. Board of Adjustment present : Betty Bradley, Shirley Nash, Steve White, Gus Pfaehler. (Ralph Miller arrived at 4:05)
4:02:13 PM There was no public comment on any matters within the Board's jurisdiction that was not on the agenda.
4:02:20 PM Chairman Shirley Nash Approval of minutes of January 17, 2006
4:02:25 PM Gus Pfaehler Make a motion we approve them.
4:02:26 PM Steve White Second
4:02:43 PM Motion passed unanimously.
4:02:50 PM Chair Shirley Nash Public Hearing Decision on the Zwagerman Variance
4:03:05 PM County Planner Christopher Scott Staff report
4:03:13 PM Deputy County Attorney Greg Sullivan Clarification on allotted time listed on the agenda.
4:03:52 PM County Planner Christopher Scott Staff report
4:08:20 PM Board questions and discussion with Christopher Scott. Board clarification on pg. 3 of staff report, under section 3, typed out 56.6, should be 56.06.
4:10:00 PM Randy Zwagerman Board questions of applicant.
4:15:53 PM Deputy County Attorney Greg Sullivan Advice and discussion with the Board.
4:16:45 PM Randy Zwagerman Applicant presentation
4:19:40 PM Board questions and discussion with Randy Zwagerman.
4:22:48 PM Public Comment Russ Penkal
4:24:59 PM Board discussion. Steve White comments on the application and the zoning regulation/covenant confliction. Also stated that the building, if within the zoning setback, would encroach on the septic system/drain field access. Ralph Miller feels this application meets the criteria for a hardship. Gus Pfaehler agrees, due to the shape of the property. Betty Bradley agrees. Shirley Nash agrees.
4:31:09 PM Deputy County Attorney Greg Sullivan Clarification and advice
4:31:27 PM Betty Bradley stated that it would not be contrary to the public interest since the nearest neighbor said he doesn't mind the structure, and no other public comment was heard. Steve White believes it also observes the spirit of the title and substantial justice has been done.
4:32:37 PM Steve White I would make a motion for the approval of this variance, that it has satisfied all three criteria that would need be satisfied, and that, it would be a motion that, it has to (comments by Ralph Miller and Gus Pfaehler) but that also the applicant shall obtain a Land Use Permit from the Planning Department for the structure. And that would be the condition.
4:33:22 PM Gus Pfaehler Second
4:33:24 PM Motion passed unanimously.
4:33:39 PM Chair Shirley Nash Other Business
4:36:13 PM Discussion on issue of covenants and zoning regulations not matching, and how the Planning Department handles defining that property is, or is not, in a zoning district.
4:37:43 PM Deputy County Attorney Greg Sullivan Comments that the County Commission is interested in consolidating all of the Board of Adjustments into one Board of Adjustment. This item will be heard at the Planning Board on September 26, 2006.
4:38:43 PM Discussion between Greg Sullivan and the Board.
4:41:49 PM Meeting adjourned
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