Description Gallatin County / Bozeman Area Board of Adjustment Hearing October 17, 2006
Date 10/17/2006 Location Board of Adjustments
Time Speaker Note
4:00:16 PM Chairman Shirley Nash Called to Order. Board members present were: Ralph Miller, Betty Bradley, Shirley Nash, Steve White and Gus Pfaehler. Gallatin County Staff Present: Deputy County Attorney Greg Sullivan, Planner Christopher Scott and Recording Secretary Crystal Turner.
4:00:41 PM There was no public comment on any matters within the Board's jurisdiction that was not on the agenda.
4:00:56 PM Chairman Shirley Nash Approval of minutes for Septebmer 19, 2006.
4:01:00 PM Gus Pfaehler I make a motion we approve them.
4:01:02 PM Steve White Second
4:01:14 PM Motion passed unanimously.
4:01:20 PM Chairman Shirley Nash Public Hearing and Approval for a Variance for the Riverside Country Club
4:01:41 PM County Planner Christopher Scott Staff report. Correction to staff report, not published on August 27, and September 3, 2006. It was published September 24, 2006 and October 1, 2006 in Bozeman Daily Chronicle. Consideration #3, should have stated Section 56.060.
4:05:14 PM Board questions and discussion with Christopher Scott regarding site plan reviews. Steve White confused on setback in Sections12.02 and 12.05, which primarily talk about garages, buildings and structures. Application is for a parking lot. Zoning has restrictions pertaining to front and side yards, but does not see anything specifically for setbacks when it comes to parking lots. Is it not included in the zoning regulations? Christopher Scott read Section 47.050 "Parking," that specifically states that any required parking spaces shall not be located in a required front or side yard, except that detached single-family dwellings, townhomes, duplexes within physical separated individual driveways, may have one space located withing the driveway area located within the front yard." (Yard being the setback in
this application.) Read definition of "yard," from Section 4.1820. Ultimately, Steve White's question is if this application really requires a variance. Gus Pfaehler is also confused as to if the zoning regulation defines parking lots as a yard.
4:12:47 PM Discussion between Board and Deputy County Attorney Greg Sullivan. Steve White read defintion of yard from Section 4.1820, but questioned that the spirit of the definition recognizes a parking lot. Christopher Scott read Section 47.050 which states, "No parking within the front or side yards," then read definition for front yard. Applicant is asking for a variance for the front yard. Advice from the Deputy County Attorney Greg Sullivan.
4:18:29 PM Steve White I will make a motion to proceed with the application and I agree with what Ralph just said.
4:18:36 PM Ralph Miller Second
4:18:38 PM Board discussion including Greg Sullivan.
4:19:37 PM Motion approved unanimously.
4:19:54 PM Catherine Koenen, Gaston Engineering Presentation on behalf of applicant, Riverside Country Club.
4:22:03 PM Board questions and discussion with Catherine Koenen.
4:25:21 PM Greg Metzger, Chairman of Riverside Country Club Golf Course Applicant presentation
4:26:14 PM Board questions and discussion with Greg Metzger and Catherine Koenen. Board questions and discussion with Christopher Scott.
4:29:17 PM There was no public comment.
4:29:31 PM Closed public comment.
4:29:37 PM Board discussion. Ralph Miller stated that the application is the best he's seen in the entire 12 years he's been on the board in justifying the reasons for the variance. Addressed everything and made it very clear. Steve White echoed Ralph's comments. Proven with the testimony today, that the variance is not contrary to the public interest. Very unique situation out there [at property]. Regulations in place that require parking stalls, and they are exceeding the requirements. Building is in a place that they would have to encroach on the setbacks. Encroachment is actually being diminished by this project. Gus Pfaehler agrees with Steve's comments. Encroachment is less, and without doing anything major and the location of the buildings, there is a hardship on this property that warrants consideration. Haven't heard
from any public negatively. Betty Bradley agrees. It's going to be an asset to the community.
4:33:49 PM Ralph Miller I'll make a motion to approve the application subject to the qualifications of the staff, incorporating in that motion the comments that Steve and Gus both made in connection with the three criteria we have to adhere to.
4:34:08 PM Steve White Second
4:34:11 PM Board questions if they are including the site plan. Ralph Miller clarified he suggested staff's conditions.
4:34:57 PM Motion passed unanimously.
4:35:25 PM Chairman Shirley Nash Other business
4:35:39 PM Deputy County Attorney Greg Sullivan Comments on next meeting and that there will be at least one appeal from the Code Compliance Specialist. Reminds the Board of their role. Here you act as judges; must behave as judges. From the time (now) that you know an application/appeal is in, until the time you act on it at the hearing. Reveal exparte communications on the record if you have any, and also state on the record if the conversation has in any way swayed your decision. Small training session if wanted/needed with Greg available. Discussion between the Board and Greg Sullivan. Greg reminded them that they do not have to make a decision that day. They can ask for more evidence, and can continue the hearing until they feel they have all the evidence to make an informed decision. Discussion between Board and Christopher Scott.
Ralph Miller asked how far along the County Commission is at consolidating all the boards. Greg Sullivan stated the Commission is in the 30-day review period now. They heard the resolution of intent, if they adopt the resolution, there will be another 30-day window to review applications.
4:49:15 PM Meeting adjourned.
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