Description Gallatin County/Bozeman Area Board of Adjustment
Date 01/15/2008 Location Board of Adjustment
Time Speaker Note
2:08:53 PM Acting Chair, Jason Armstrong Call to Order. Roll Call. Members Present : Al Lien, Dale Curtis, Jason Armstrong and Marianne Amsden. Members Excused: Shirley Nash. Staff Present: Deputy County Attorney Jecyn Bremer, Chief Deputy County Attorney Chris Gray, Code Compliance Specialist Amy Waring, Planning Director Greg Sullivan, Planners Sean O'Callaghan, Tom Rogers and Recording Secretary Linsey Lindgren.
2:09:58 PM Election of Officers: Chair and Vice Chair.
2:10:14 PM Dale Curtis I nominate Jason Armstrong for Chair.
2:10:19 PM Marianne Amsden Second.
2:10:27 PM Jason Armstrong I accept.
2:10:30 PM Dale Curtis I nominate Mariane Amsden for Vice Chair.
2:10:36 PM Jason Armstrong Second.
2:10:39 PM Marianne Amsden I accept.
2:11:01 PM Vote for Chair: unanimous.
2:11:19 PM Vote for Vice-Chair: unanimous.
2:11:44 PM There was no Public Comment on any matters within the Board's jurisdiction that was not on the agenda.
2:12:01 PM Approval of May 15, 2007 Meeting Minutes.
2:12:28 PM Al Lien I make a motion to approve the minutes.
2:12:31 PM Chair Armstrong Second.
2:12:37 PM Vote: unanimous.
2:12:57 PM Review and approval of Revised By-Laws.
2:13:06 PM Jecyn Bremer Deputy County Attorney Presentation and discussion.
2:15:05 PM Chair Armstrong I would go ahead and make that motion.
2:15:10 PM Marriane Amsden Second.
2:15:17 PM Vote: unanimous.
2:15:26 PM McWalter Variance.
2:15:35 PM Planner Tom Rogers Staff presentation.
2:19:45 PM David McWalter Applicant presentation.
2:22:04 PM Questions for applicant.
2:27:10 PM Public Comment.
2:27:14 PM Todd Hough Public Comment.
2:28:08 PM Questions for staff.
2:29:35 PM Applicant Rebuttial.
2:29:58 PM David McWalter None.
2:30:36 PM Board discussion. Variance requirements are met, hardship is legitimate, and there is no neighbor opposition. Board agrees with staff conditions.
2:31:29 PM Dale Curtis (Motion) All three of the requirements regarding section 56.060 have been met. The hardship would be that he has no other option to store cars. Since there is no one against this proposal, I think this motion should be approved.
2:33:42 PM Board questions for applicant.
2:34:16 PM Chair Armstrong Second.
2:34:28 PM Board discussion and question for applicant.
2:36:50 PM Vote to approve McWalter Variance: unanimous.
2:37:32 PM Jackson Variance.
2:37:43 PM Planner Sean O'Callaghan Staff presentation.
2:40:56 PM Board questions for staff.
2:49:32 PM Applicant presentation.
2:49:48 PM Kayle Jackson Handed out additional photos of the site labeded 1, 2, 4.
3:03:00 PM Board questions for applicant.
3:06:21 PM Kayle Jackson Continued and handed out an additional photo of the site labeled 3.
3:09:22 PM Board questions for applicant. Jason Armstrong asked if applicant would be willing to have a hydrologist inspect the site. Kayle Jackson said yes.
3:29:23 PM Break.
3:37:29 PM Board discussion.
3:38:08 PM Chief Deputy County Attorney Chris Gray Advice.
3:38:45 PM Public Comment.
3:39:06 PM Jaclyn Katz Public Comments.
3:43:30 PM Board questions for Jaclyn Katz.
3:45:37 PM Chief Deputy County Attorney Chris Gray Advice.
3:46:55 PM Applicant Rebuttal.
3:47:07 PM Kayle Jackson Applicant Rebuttal.
3:49:56 PM Board questions for applicant.
4:00:16 PM Board Discussion.
4:06:12 PM Planner Sean O'Callaghan Staff suggestions.
4:06:50 PM Board discussion continued.
4:11:32 PM Kayle Jackson Board questions for applicant.
4:14:00 PM Chief Deputy County Attorney Chris Gray Advice.
4:15:13 PM Board discussion continued.
4:19:53 PM Chief Deputy County Attorney Chris Gray Advice.
4:21:11 PM Board discussion continued.
4:24:36 PM Mariane Amsden I move to approve the variance with the conditions stated by staff and also a third condition that we talked about here. The gazebo could pass some engineering standards to protect against it coming down in a flood. It would cause unnecessary hardship to not grant the variance because he would have to tear the gazebo down.
4:27:59 PM Dale Curtis Second.
4:28:56 PM Board discussion.
4:32:30 PM Chief Deputy County Attorney Chris Gray Advice. Suggested the amended motion of conditions of number one and number two in the staff report. As well as the applicant obtain certification of a Montana licensed professional engineer to assure that the means and methods of construction are adequate for the physical surroundings of the building site and to prevent erosion.
4:33:33 PM Marriane Amsden I accept those conditions as stated (by Chief Deputy County Attorney Chris Gray ) and make and amend the motion as stated.
4:33:52 PM Dale Curtis Second.
4:34:03 PM Vote on motion to approve Jackson Variance with conditions discussed: unanimous.
4:34:35 PM Kayle Jackson Final comments.
4:35:33 PM Break.
4:43:21 PM Dreiseszun/Taylor Appeal Regarding Baldwin (3151 Texas Way).
4:43:39 PM Chief Deputy County Attorney Chris Gray Advice.
4:46:56 PM Al Lien Described relationship to appellant Sandy Taylor.
4:50:28 PM Chief Deputy County Attorney Chris Gray Advice.
4:50:55 PM Al Lien Recused himself.
4:51:00 PM Chair Armstrong Asked the appellant if they would like to continue.
4:51:37 PM Howard Dreiseszun Yes, we would like our item continued until a full board can attend.
4:51:52 PM Sandy Taylor Concurs.
4:55:52 PM Dreiseszun/Taylor Appeal Regarding Baldwin (3151 Texas Way) -- Continued
4:56:03 PM The Hanger LLC/ Filmlites of Montana LLC Appeal Regarding (620 Canary Lane).
4:56:18 PM Chief Deputy County Attorney Chris Gray Advice.
4:57:21 PM Board questions of Chief Deputy County Attorney Chris Gray.
4:58:33 PM Code Compliance Specialist Amy Waring Staff presentation. Gave a handout of the original Complaint Form (Exhibit 15).
5:16:40 PM Board questions for staff.
5:17:15 PM Appellant presentation.
5:17:33 PM Ryan Jackson Entered Exhibits into the reord: Powers of the board of adjustment (16), Commercial Space Time Line (17), Laches (18), Equitable Estoppel (19), Improvements Agreements for Fort Ellis Community Planned Development, Inc. (20) Section 50.160 of the GC/BA Zoning Regulation (21), Each of these Exhibits have been numbered in the order which they were spoken about.
5:24:29 PM Chair Armstrong Discussion and questions for Ryan Jackson.
5:26:48 PM Chief Deputy County Attorney Chris Gray Advice.
5:27:41 PM Chair Armstrong Discussion.
5:29:35 PM Ryan Jackson Discussion.
5:31:44 PM Code Compliance Specialist Amy Waring Question for Recording Secretary.
5:32:08 PM Holly March Presentation. Referenced Exhibits 15, 17, 10, 16, 18, 20 and 19.
6:20:39 PM Break.
6:40:30 PM Board discussion.
6:40:52 PM Ryan Jackson Presentation. Referenced Exhibits 15, 17, 18, 19, 20 and 21.
7:18:50 PM Board discussion and questions for Ryan Jackson.
7:24:32 PM Public Comment.
7:24:46 PM Doug East Public Comment. Gave handout dated October 22, 2002 given Exhibit number 22. Referenced Exhibit 15.
7:39:28 PM Board discussion and questions for Doug East.
7:40:44 PM Karl Seel Public Comment.
7:49:53 PM Board discussion and questions for Karl Seal.
7:53:31 PM Richard Damon Public Comment.
7:56:51 PM Glen Nygren Public Comment.
7:58:51 PM Board discussion and questions for Glen Nygren.
8:00:52 PM Rich Kelly Public Comment.
8:02:37 PM Brad Moholt Public Comment.
8:05:00 PM Board discussion and questions for Brad Moholt.
8:05:52 PM Kathleen Williams Public Comment.
8:08:15 PM JP Gabriel Public Comment. Passed around a picture of what improvements could be made if Filmlites LLC. were able to purchase the property, given Exhibit number 23.
8:19:06 PM Board discussion and questions for JP Gabriel.
8:25:27 PM Jaclyn Katz Public Comment.
8:33:25 PM Appellant Rebuttal.
8:33:52 PM Holly March Final comments.
8:35:45 PM Board discussion and questions for Holly March.
8:45:04 PM David Richards Discussion with Board.
9:04:57 PM Ryan Jackson Final comments.
9:09:16 PM Board discussion and questions for Ryan Jackson.
9:10:33 PM Code Compliance Specialist Amy Waring Final comments.
9:14:23 PM Board discussion.
9:14:42 PM Al Lien I make a motion that we affirm the compliance officer's decision.
9:15:01 PM Chair Armstrong Second.
9:15:05 PM Chief Deputy County Attorney Chris Gray Advice.
9:15:35 PM Board discussion.
9:15:42 PM Dale Curtis I would like to make a motion finding that the code compliance specialist was not in error when she found a violation of section 20.020b in section 54.050d and 4 regarding the Gallatin County/Bozeman Area Zoning Regulation. I move to affirm her decision of the Cease and Desist Order of May 17, 2007.
9:16:18 PM Chair Armstrong Second.
9:16:34 PM Board discussion.
9:19:13 PM Chair Armstrong I make the finding that the appellant has not met its burden of proof according to 50.160 of non-conforming uses from the zoning regulation.
9:20:54 PM Chief Deputy County Attorney Chris Gray Advice corrected motion to say 12.020B.
9:21:39 PM Vote to affirm the Code Compliance Specialist decision: unanimous.
9:22:19 PM Other Business - None.
9:22:36 PM Chair Armstrong Adjourned.
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