| City Commission Work Session | Mayor Joan Bennett presiding |
CALL TO ORDER: 5:45 P.M.
PRESENT: Mayor Bennett, Commissioners Beecher, Downer, and Rosenbaum. Commissioner Gray was absent. Also present were Acting City Manager, City Attorney, Directors of Acting Park & Recreation, Fiscal Control, Management Information Services, Planning, Public Works, Fire Chief, Acting Police Chief, and City Clerk.
Mr. Boland requested a variance to OCCGF 17.45.030. The variance requested would reduce the required sideyard setback from 6' to 2'. The variance would allow an existing garage (under construction) to remain at 2' from the side property line.
The City Commission reviewed the Board of Adjustment recommendation on November 4, 1997. The consensus of the Commission, at that time, was to postpone action and allow Staff to meet with the concerned parties and resolve the issues through mediation. Unfortunately, mediation efforts have not resolved the problem.
When Mr. Boland applied for the garage building permit in August 1994, the initial plan review required setback adjustments to allow the garage to within 2' of the side property line. Mr. Boland made the plan changes and built accordingly. Unfortunately, due to inaccurate City records, staff gave a wrong boulevard measurement. As a result of this error, the garage is not set back far enough in the lot to meet the 2' side yard setback requirement. Mr. Boland filed a claim for damages against the City. The City's insurance offered a settlement in the amount of $3,900 to correct the part of the construction that resulted form inaccurate information provided by Staff. Mr. Boland did not respond to the offer of settlement and in the meantime, the house and garage remain unfinished.
Staff recommended approval of the variance hoping that Mr. Boland would complete the construction thereby remedying the blight on the neighborhood. However, the granting the variance would not resolve the private covenant violation dispute. Settling the covenant issue would require the neighborhood to either seek enforcement through civil action or give approval to vary from the covenant and allow the project to be completed.
Cheryl Patton and Joe LaForest, Community Development, provided a brief update for the City Commission regarding this issue.
Harry Buffington, 2214 Beecher Drive, reminded the City Commission that the neighbors have been dealing with issue for over four years. He asked that a survey be conducted on the property to ensure that the 2' setback was accurate. Ms. Patton concurred with that idea and stated she would work with Mr. Buffington to get that done.
Don Ostrem, attorney for Mr. Boland, encouraged the City Commission to grant the variance. Mr. Ostrem admitted that even with the variance, the covenant issue still existed. However, Mr. Boland could continue work on the project until the neighborhood dispute was resolved.
City Attorney, Dave Gliko, reminded the City Commission that the court will not require the structure to be torn down if the City erred.
Commissioner Rosenbaum stated that the Commission has an obligation to grant he variance based on the City Attorney's recommendation.
Commissioner Downer stated that the issue is an encroachment on the neighborhood.
Commissioner Rosenbaum reminded Commissioner Downer that the encroachment issue is not before the City Commission at this time and is a neighborhood issue, not an issue the Commission can deal with.
It was the consensus of the City Commission to concur with the Board of Adjustment's recommendation and grant the variance.
Bob Horne, City/County Planning Director, explained that the first phase of the comprehensive planning process was to complete the comprehensive plan for Smelter Hill. He stated this was critical before the City would be asked to formally accept the property.
Mr. Horne added that a wish list was developed containing all the ideas people had for the property. He stated that the wish list was matched to criteria such as topography, environmental concerns, and the Park and Recreation Master Plan. Mr. Horne continued stating that once that was done, Professor Ralph Johnson from the Community Design Center at MSU-Bozeman was contacted and undergraduate students helped to create a master plan.
Mr. Erik Nelson, MSU-Bozeman student, presented the report for the Comprehensive Plan for Smelter Hill. After the report, Mr. Horne stated that this was done to get the Master Plan to the next level which is for ARCO to review it and adjust it to their comfort level. Mr. Horne added that once that is done, the plan will be presented to the public for public input.
There being no further business to come before the Commission, the regular work session on July 21, 1998, adjourned at 6:37 p.m.