Zoning Board of Adjustment Meeting Summary - October 23, 2025
Zoning Board of Adjustment Meeting Summary - October 23, 2025
The October 23, 2025, meeting of the Butte-Silverbow Zoning Board of Adjustment convened to review three primary agenda items: Special Use Permit 25-18 for short-term rentals, Variance 25-10 for signage expansion, and Special Use Permit 25-16 for an event venue. The Board unanimously approved the first two items after hearing from staff and applicants, while the third item was postponed to the next meeting pending additional information on capacity and noise mitigation following mixed public testimony.
Consent Calendar
- None listed as routine; all items discussed required individual deliberation.
Public Comments & Testimony
- Steve Kiaowitz (Resident, 328 East Broadway): Expressed strong opposition to Special Use 25-16, citing fears of loud music noise near his residence and concerns regarding an Airbnb operation on a neighboring property potentially generating marijuana smoke and overcrowding during festivals. He argued the neighboring property is not a standard single-family home but an Airbnb-style setup.
- Patrick Peck (Resident, 331 East Broadway): Stated he is "dead set against" the proposal due to historical noise issues during events like the Folk Festival and expressed concern that outdoor events lasting until 10:00 p.m. would disrupt his sleep. He also opposed angle parking, noting it impedes snow plowing.
- Kate Peck (Resident, 331 East Broadway): Stressed the residential nature of the neighborhood and the concerns of retiree residents regarding noise, peace, and property value implications.
- Josh Peck (Resident, 50 Chula Avenue): Expressed mixed views; while supporting community progress and new venues, he stood in opposition to this specific outdoor venue in a residential zone. He argued the location is unsuitable given the short three-month weather window for outdoor events and the lack of a municipal noise ordinance. He cited a personal incident where parking blocked neighbors' access during a previous event.
- Jennifer Plute (Applicant Representative, Montana Knapp): Responded to opposition by acknowledging the need for a noise ordinance and agreeing that restrictions are necessary. She clarified that the venue would not host large-scale multi-day events like the Folk Festival and argued that on-street parking would remain accessible, unlike during major festivals when streets might be closed.
Discussion Items
- Special Use Permit 25-18 (608 West Galena Street): Staff recommended approval for Wolf and Bear LLC to operate short-term rentals in an existing multifamily building to填补 gaps between nursing contracts. Applicant Paul Durham confirmed support for all conditions, including occupancy limits and business licensing requirements.
- Variance 25-10 (290 Holland Street): Staff recommended approval for SFP-C Limited Partnership to increase a wall sign from 47 sq ft to 83.5 sq ft at the Les Schwab Tire building. The applicant argued the unique corner lot with three street frontages created a visibility hardship. Board members agreed the variance was reasonable and consistent with the district.
- Special Use Permit 25-16 (304 East Broadway): Discussion focused on the viability of an indoor-outdoor event venue. Key concerns raised by the Board included the lack of a noise ordinance, uncertainty regarding fire-code determined attendance limits (ambiguity on whether 50 or 500 people), and the short season for outdoor use. The Board noted a conflict for one member and determined that more detail was needed before a decision could be made.
Key Outcomes
- Approved: Special Use Permit 25-18 (100% vote in favor). Approved with conditions including building code compliance, specific business limitations, and occupancy caps as determined by Fire/Building Departments.
- Approved: Variance 25-10 (100% vote in favor). Approved to allow an 83.5 sq ft wall sign, contingent on compliance with all other sign regulations and obtaining building permits.
- Postponed: Special Use Permit 25-16. The motion was passed to stay the item until the next regularly scheduled zoning board meeting. The Board amended the motion to request the applicant and staff provide specific details on: projected number of attendees, a tentative operating schedule, and accommodations for outdoor bathrooms. The applicant was advised to consult with the Fire Chief regarding capacity estimates.
Meeting Transcript
All right, it is officially 530. We'll call the uh October 23rd meeting of the zoning board of adjustment to order. And um I'll start with some introductions just so everybody knows who we are. Uh staff, I have Aiden up here, Joella at the computer, and John, right? Thank you. Sorry. And Becky over there at the other computer. Um board members, we've got uh Garrett, Justin, Lexi, Mike, and myself, I'm Steven Cow. So should we uh get going on special use permit twenty-five eighteen? Staff have a report. Thank you, Mr. Chair. Yes, we do. Um the first staff report is special use twenty-five eighteen, and it's pertaining to six oh eight eight West Galena Street. The applicant is Wolf and Bear LLC, and the representative is Paul Durham. He is the property manager. Um the zoning placement um in purple. This is in an R3 zoning district or a multifamily zone. Um here's some photos um to the left or to the right is the um structure prior to the individuals doing some modifications, and then to the left is what it looks like at present. Again, here is an overhead view of some of the surrounding area, mostly multifamily and single family residents. Um views looking to the east from the bottom of the street of Galena, and then views looking down um West Galena to the west. The location and character of the property and surrounding buildings. Again, this is located in the R3 or multi-family resident residence, and it is surrounded by multi- and single-family dwellings. The use conforms to objectives of the comprehensive plan and purpose of the ordinance. The comprehensive plan for this particular location is the economic driver, and it represents a traditional urban neighborhood with a predominance of single family attached and detached residential units. They're located within the Butte Historic District and are defined by the character and quality of architectural found at the turn of the century. Future development per the comprehensive plan in this place type is envisioned to include mixed uses, infill development, including vertically integrated uses, pocket parks, greenway connectors, trail heads, as well as duplexes, triplexes, townhomes, condominiums, and apartments. This area mostly consists of single-family and multifamily housing. The purpose, short the proposed short-term rentals operating within an existing multifamily residence, aligns with the future land use goals by introducing low-impact lodging into an area intended for diverse mixed growth. Planning staff does believe that the proposal is consistent with the intent of the zoning ordinance to allow for reasonable and compatible use of the property. The proposed use will not adversely affect nearby properties or their occupants. When considering the low impact commercial nature of the proposal, planning staff believe it would have minimal impact on adjacent properties and property owners. That the pro proposed use will not adversely change the use of the property in question. The established character of the existing neighborhood would not appear to be impacted by this proposal. There would be no changes to the aesthetics or of the surrounding area. Some conditions of approval. Any remodeling of the existing residence performed to accommodate the proposed business will be required to meet all applicable building code, health code, as well as as required by Butte Silverbow Building Code Department and Butte Silverbow Health Department, respectively. All necessary approvals must be granted prior to the applicants receiving final business license approval. The property address must be visible, including past start and entrance must be clearly identified. The applicants shall be limited to the occupancy levels as determined by the Butte Silverbow Building and Fire Departments. The occupancy levels shall be determined prior to business license approval. The applicants will be limited specifically to the businesses stated and approved. Any future business expansion, changes in business or building expansions will require further review by the zoning board of adjustments, and the applicant will be required to acquire a BSB business license for short-term rentals. In conclusion, based on the information provided in the application, staff's analysis of the review criteria and any public opinion as it relates to the criteria. Section 1738-160, special or conditional use permits, decision of board requires staff to refer to the application to the board within 15 days of receipt of the application and all requested information. The board shall within 60 days deny the application and give reason for the denial in writing or approve the application. That's everything. Thank you, Joella. The board members have any questions for staff on this one. Okay.
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