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.

Next, we have the applicant here or representative.

Can you please come up and state your name, address, and tell us your side of the story?

Yeah, my name is Paul Durham.

I'm a member of the LLC and the project manager of the building at 608 West Galena.

We bought the building maybe five years ago.

All the units were furnished.

And the prior owner was renting to travel nurses.

And we continue that.

And so we rent to nurses at St.

James and the state medical institution.

And that's a good business.

We like that business.

But travel nice nurses work on 13-week contracts.

Sometimes they extend them.

And sometimes there's gaps in between those 13-week contracts where the building is empty.

I'm not interested in being in the Airbnb business, but it would be really great to be able to rent the uh the apartments out for those gaps between the nursing contracts.

So that's why I'm here.

Thank you.

I have one question.

There are conditions listed.

Are you okay with the conditions that were listed?

Yes.

Okay.

Yeah.

Okay.

Does any of the board members have questions?

All right.

Okay.

It's all for you right now.

Thank you very much.

Um board have any discussion on this topic.

All right.

Then uh let's uh vote on it.

Aiden, what am I missing?

Say it louder.

Oh gosh, yeah.

Are there any um are there any proponents to uh this uh special use permit 2518?

If you'd like to say anything.

Are you seeing none?

Any opponents to this?

All right, perfect.

Thank you.

Thanks for reminding me it's been a minute.

Um all right, now we can vote.

Mr.

Chairman, can I make a motion?

Yes, thank you.

I'm totally screwing up today, thank you.

Um Mr.

Chairman members of the board, I'd make a motion to approve special use permit twenty-five-000 eighteen with the conditions of approval as outlined by staff.

All right, thank you guys for keeping me on track.

I apologize.

Now, all in favor or opposed, indicate on your voting forum, all right.

An item special use permit twenty-five eighteen.

All votes are for the motion.

Motion passes.

So good luck.

Did I miss anything?

Do I need to say anything else?

You'll get a letter from the staff here shortly.

Okay, thanks.

All right.

Um item B on the agenda has been withdrawn, so we'll move on to item C, which is variants twenty-five ten.

Um do we have a staff report on this?

We do, Mr.

Chairman.

The next staff report is variants 25-10, and it's for 290 Holland Street.

Um, it's the Les Schwab Tire building, the South Montana.

Um, this variance application, the applicant is SFP-C Limited Partnership, and the agents are artists cox or Daryl Cox with Carlson Sign.

This proposal is to increase an existing wall sign from 47 square feet to 83.5 square feet on the north facade of the newly constructed building in a commercial and light industrial zoning district.

Per current code wall signage on building elevations that do not contain a main entrance are limited to approximately 20 square feet.

Some background on this.

Section 174250 number C7A.

Total wall sign area in the CM zone shall not exceed 30% of the building facade to which it is attached per street fronta.

When a business has more than one frontage but does not have a main entrance on the additional frontage, such frontage may contain a wall sign not exceeding 20 square feet in total sign area.

The lot currently occupied by Les Schwab Tire Shop is proposed for redevelopment.

The plan involves demolishing the existing structure and construction and constructing a larger building on the east end of the property.

The current building features a 47 square foot sign located on the north facade.

Under the current code, the business is permitted to relocate the sign to the new building without requiring additional board approval, provided the sign remains in the same footprint.

The property is surrounded by commercial businesses to the north and east, or excuse me, north and west.

To the east is a vacant warehouse, while the ARCO environmental remediation site borders to the south.

This is a view of our zones that are in this district.

Outlined in the dark purple here is where the building is currently at.

C2 is just to the north.

M1 and C2 are also to the west.

This is a photo of the proposed sign that would go on the north facade off of Holland Avenue.

Here is a site plan for the signage that they are proposing.

I don't know how I can see it.

On the west side in the green are the two would be for the entrance and the one of the main entrances.

There's two signs there.

On the east side, there's one 83.5 square foot sign, and then here to the north would be your other 83.5 square foot sign.

This is a photo of what the north facade here would look like from another location that they have.

The first criteria for a variance is that the variance must not be contrary to public interest.

Sign requirements were established by the Council of Commissioners to protect the public's interest by providing specific zones in which signs are permitted.

Those zoning districts are the C1, CM, C2, C3, M1, and M2 zones.

Within these zones, further restrictions are presented, are present, limiting the number, height, area, and location of signage.

Sign specifications have been established to prevent the proliferation of signs within the community.

Eliminate the potential for signs to have a negative impact on residential property owners, preserve and guarantee aesthetic values, and protect the natural environment.

Potential negative impacts could include lighting glare, obstruction of scenic view, and increased visibility of commercial uses within residential zones.

The proposed wall sign is intended to improve legibility and wayfinding for customers approaching from multiple directions, reducing driver distraction and enhancing safety.

There is currently a permitted and approved 47 square foot wall sign on the north facade of the existing building, and the applicant is asking to increase the size of the sign by 36.5 square feet and place it on the newly constructed building.

The proposed signage is consistent with the intent of the zoning ordinance and would not create a nuisance to nearby property owners.

The proposed sign does not deviate from what is reasonably acceptable in a commercial zoned area.

And the sign is modest in size, especially when compared to the area of signage that could be permitted for the project.

This proposal would minimize the proliferation of signage, maintain visual clarity, and preserve and the preservation of Butte's natural beauty while reflecting consideration for the residents in the vicinity.

The addition of one 83.5 square foot wall sign on the north facade of the building located in the commercial zoning district would not be contrary to public interest.

The proposed signage placement and size minimalize visual impact on nearby residential areas while supporting effective visibility and wayfinding.

An existing 47 square foot sign on the north facade was previously permitted, and the proposed increase in signage area remains consistent with the intent of the zoning ordinance.

As such, the request aligns with the goals of maintaining public welfare.

Second criteria for variance is that literal enforcement of the provisions of the title will result in unnecessary hardship.

Unnecessary hardship as defined by Montana State Supreme Court must result from a condition unique to the property, such as peculiar property shape, topographical feature, or geological traits.

This quality must preclude the applicant's ability to place a structure on the property in compliance with the zoning ordinance, and the hardship may not result from a condition created by the applicant themselves.

This parcel does present unique physical and locational characteristics that justify consideration for a variance.

The parcel is located on a corner lot, requiring compliance with vision clearance triangle standards, and this further reduces the available space for sign placement and visibility from public right-of-ways.

The property is also bordered by three thoroughfares, South Montana, Holland Street, and South Dakota, creating a visible yet complex orientation.

This multi-frontage configuration makes it challenging to position signage that effectively communicates to all approaching traffic while remaining compliant with standard sign regulations.

These conditions are specific to this property and are not self-imposed by the applicant.

These present constraints impacting compliance with the standard signage regulations, and the signage proposed avoids compromising the business visibility and function.

Planning staff find that the subject parcels configuration, specifically its corner location, three-street frontage, vision clearance constraints, and redevelopment across two tax lots creates unique physical conditions.

These conditions limit the applicant's ability to comply with standard signage regulations without sacrificing necessary visibility for business identification and safe customer wayfinding.

Therefore, the request variance meets the legal standard for unnecessary hardship under criteria B.

The final criteria for a variance is the spirit of the ordinance of the zoning ordinance shall be observed and substantial justice done.

Signs are regulated according to zone.

The placement and physical dimensions are regulated primarily by length of street frontage and zoning districts, according to Butte Silver Bow Municipal Code 1740 201.

The sign regulations intend to coordinate type placement and physical dimension of signs within the different land zones, to recognize the commercial communication requirements of all sectors of the business community, to encourage the innovative use of design to mitigate the impacts of commercial signs on buttes surrounding natural scenic beauty, and to allow for special circumstances and guarantee equal treatment under the law through accurate record keeping and consistent enforcement.

These shall be accomplished by regulations of the display erection use and maintenance of signs.

In this case, the applicant's proposal of 183.5 square foot sign wall sign on the north facade of the building, replacing a previously approved 47 square foot sign, while the current zoning code allows for up to 20 square feet of wall signage on the building facades without a primary entrance.

The proposed sign responds to the unique visibility needs of corner parcel with the three street frontages.

This allows for better visibility from the north and east, allowing for safer and more effective customer wayfinding, particularly for traffic traveling south on South Dakota or west along adjacent roads.

The spirit of the ordinance shall be observed and substantial justice done.

Literal interpretation of the provisions of this chapter would not allow the applicants to construct wall signs on the north facade of the of the structure per section 1740 to 50.

Total wall sign area in the CM zone shall not exceed 30% of the building facade to which it is attached per street.

When a business has more than one street frontage but does not have a main entrance on the additional street, such frontage may contain a wall sign not to exceed 20 square feet.

Due to the unique conditions outlined above, approving this variance would not constitute the granting of a special privilege to the applicant.

In fact, the applicant is requesting to decrease the amount of signage permitted under the current code.

If the applicant desired, they could actually install 1,007.5 square feet of signage on the west facade.

However, they are opting for a more modest and less impactful approach.

This proposal remains well within the intent and spirit of the requirements that would otherwise be allowed under the zoning code.

The proposed signage variance is consistent with the spirit and intent of the Butte Silverbow zoning ordinance.

It reflects thoughtful consideration of the site's unique characteristics, maintains visual and architectural compatibility, and avoids sign proliferation.

Granting the variance would not grant a special privilege nor deprive the applicant of rights commonly enjoyed by others in the same district.

As such, the request upholds the principles of substantial justice and meets criterion C conclusion recommended recommendation and conditions.

Staff find the proposal to install 183 and a half square foot wall sign on the north facade of Les Schwab building representing a 36.5 square foot increase over what would be allowed is appropriate given the unique circumstances of the site.

This request is consistent with the spirit and intent of the zoning ordinance, and it represents a reasonable signage solution that balances visibility for the business with consideration for surrounding land use.

Additionally, the proposed signage is unlikely to be contrary to public interest as it minimizes visual impact on nearby residential areas while supporting effective visibility and wayfinding along major commercial thoroughfares and retains moderation and signage square footage relative relative to what could otherwise be permitted outright.

Recommendation would be to approve the variance application based on written findings of fact as described in the staff report.

Alternatives would be to deny the application based on findings of noncompliance or continue public hearings on the application with specific direction to staff or the applicant to supply additional information.

Some conditions the staff thought were appropriate would be that all signage must comply with all CM sign regulations of the Butte Silverbow Municipal Code unless otherwise modified through approval of this variance, and all site signage shall procure the appropriate building permits and approvals prior to installation.

That's everything.

Thank you, Joala.

Does board have any questions for staff?

All right.

Thank you, Joel.

Is there a representative from the would you please come up, state your name, address, and let's hear your story.

Yeah, 290 Holland Street, and we're just asking for the variance.

Short and sweet.

Love it.

All right.

Let's see, we do the uh public hearing, right?

All right.

Let's do a quick public hearing.

Are there is there anybody in uh um that is a proponent for this would like to get up and say anything?

Hearing none, is there anybody that's an opponent for this?

All right, hearing none, public hearing is closed.

Um the board want to have any discussion on this or have any comments?

Mr.

Chairman, members of the board.

Um no heartburn from me on it.

I think a lot of a lot of detail in the staff report and agree with everything in the staff report.

Um the conditions are of approval or acceptable to the applicant, I have no problem with it.

Yeah, I uh I agree it's no different than ones we've done recently.

So seems very reasonable.

Um with that, I'd entertain a motion on variance 2510.

All right, we have a motion and a second.

Please uh use your form to vote.

Issue variance 2510.

All votes are for the motion is passed.

You'll receive a letter from staff shortly.

Thank you.

All right, moving on.

Our final thing on the docker today is special use 2516.

Um I'd like to break a little bit from our normal list and just make sure that there's a representative from the um applicant this year or the applicant.

Okay.

Um I also want to ask a question that there's Mike McEwen is going to excuse himself from this from a conflict.

So there's four members here to pass this, they'll have to have all four yay votes.

Um you have the option because of that to hold till we have more board members available.

So that would you like to proceed tonight?

Um with that, uh Aiden, do you have a staff report for us?

Yes, Mr.

Chairman, we do.

All right, so special use 25-16.

The location is 304 East Broadway Street.

The applicant is Montana Knapp.

The proposal, the applicant seeks approval to locate an indoor-outdoor special event venue space in an existing structure located in the R2, two-family residential zoning district, per the requirements of section 1738-180, special uses special use permit, use is allowed in the Butte Silverboat municipal code.

Staff findings.

Reasonable conditions may be imposed by the board to protect surrounding property owners.

To provide the board with information about the proposed special use, the applicant and planning staff have responded to the established 20 questions.

Um outlined in yellow.

One just has color.

Um areas the existing building.

Um then this would then be the outdoor space with the stage.

Um of the idea.

The applicant intends to repurpose wood and corrodated metal to cover an existing chain link fence off of Ohio Street, incorporating a throughway design to allow for equipment vehicles and trailer access.

A potential greenhouse installation will act as a large barrier to the south.

The eastern border of the commercial outdoor space will share a wooden fence with lots four and five, which are also owned by the applicant.

An additional wooden fence will be placed to the north.

The applicant plans to incorporate landscaping throughout the property.

Elements would include roses, maple trees, sunflowers, decorative rock, and more.

The pictures you see up there are inspiration pictures provided by the applicant.

Proposed vehicle access, circulation, and parking.

Parking options appear to be sufficient for the proposed use.

On-street parking is the primary option in the area and had been utilized in the past when the location had active commercial operations.

There are no specified handicap parking options in the area.

There is a step into the commercial building area, which could pose a possible accessibility issue.

However, the sidewalk does appear to be handicapped accessible.

All potential nuisances.

Potential nuisances associated with this proposal would be increased traffic and increased outdoor noise during hours of operations.

Specific conditions may be implemented to help mitigate potential nuisances to nearby property owners.

Planning staff suggests outdoor events start no earlier than 9 a.m.

and go no later than 10 p.m.

And indoor events start no earlier than 8 a.m.

and go no later than midnight.

Another option could include an allotted decibel limit for outdoor events that the board sees fit for the area.

Being that there are existing commercial operations in the area, the property in question has and that the property in question has historically been commercial in nature, traffic should not exceed what is typically expected for the area.

The use conforms to the objectives of the comprehensive plan.

The property in question is within the uptown edge place type of the comprehensive plan.

This place type serves as a transitional area immediately surrounding the uptown core place type.

It is intended to serve a wide variety of both commercial and multifamily residential uses, but as at a scale less intense than the core itself.

Hours of operation and noise control conditions implemented by the board could assist in mitigating neighboring concerns.

The proposed use will not adversely change the use of the property in question.

The property in question has historically been utilized as both a resident, as both a residential and commercial space.

The proposal will not change the use of the property in question.

The second floor will remain a residence, while the street level and surrounding yard will contain commercial activities.

In the past, the structure was home to a store, the Ippity BOP, and most recently the Broadway Cafe.

These are some commercial space renovation pictures that were supplied by the applicant.

And then these were additional pictures of the residents on the second floor provided.

Conditions of approval.

Any remodel of the existing structure performed to accommodate the proposed business will be required to meet all applicable building, fire, and health code requirements as required by the Butte Silverbow Building, Fire, and Health Departments.

All necessary approvals must be granted prior to the applicant's receiving final business license approval.

Outdoor event hours of operations must not begin before 9 a.m.

and go no later than 10 p.m.

Indoor event hours of operations must not begin before 8 a.m.

and go no later than midnight.

The applicant shall be limited to the occupancy level as determined by the Butte Silverbow Building Code Department and the Butte Silverbow Fire Marshal.

The occupancy level shall be determined prior to final business license approval.

The applicants will be limited specifically to the business as stated and approved.

Any future business expansions, changes in business or building expansions will require further review by the zoning board of adjustment.

Any additional conditions implemented by the zoning board as you see fit.

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, the board must determine if the applicant has presented evidence to the satisfaction of the board that said undue detriment will not result from the granting of the special use permit.

Section 1738 160 special conditional use permit decision of the board requires staff to refer 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 to the applicants or approve the application and the zoning officer shall issue a zoning compliance permit with conditions specified thereon.

And that is the conclusion of this presentation.

Thank you, Aiden.

I will sorry, one more to additionally add, um, plan the planning department did receive five letters in opposition as well as three phone calls in opposition.

One of those phone calls was the same individual who submitted a letter.

Um summaries of the phone calls and the letters were all provided to the zoning board members.

We have physical copies if you would um like to review them any further.

Thank you, Aidan.

Are there any uh questions from the board members for staff at this time?

I do have one.

Um Aiden, I had asked you to regarding noise ordinances, existing ones, um, whether there are any currently any municipal code or the any special event permits that have received them recently.

Can you respond to that?

Yes, Mr.

Chairman.

Butte Silverbow County does not have a noise ordinance or a decimal an allotted decibel limit.

Um so for any special events that is not a requirement.

Thank you very much for clarifying that.

Um applicant, would you please come up, state your name, address, and tell us your story.

Hello, thank you so much.

So my name is Jennifer Plute.

Do you want me to give me my address?

My okay, my address is 3125 Quincy Street here in Butte.

And I am here as a representative for Montana just because I have a lot of experience with the building.

Um I work for a real estate firm, and their development firm is the one that did the remodeling for it.

So as it is in the pictures, upstairs is an apartment.

Umstairs on the main level, which used to be the Broadway Cafe, is has been mostly remodeled also.

Um it is no longer a restaurant, um, and she would like to use it as an event center.

Um, and then uh obviously we have the outdoor space that we'd like to do also.

Um we were able to remove the garage.

There was a carriage house garage that was not usable, uh, so that is no longer there at the back of the property.

Um, all in all, she has spent probably three years and a lot of dollars to completely remodel and bring the property up to date, and try to keep as much as the character as possible, which you know has the original hardwood floors still in the cafe, um, exposed brick, which is really neat, and then the outside.

I don't know if anybody ever ate there, but you know how it had that bath patio that was enclosed, so that house all new windows, all new flooring, new roof, and it's actually you can actually use it now.

So it's a really great space.

Any questions?

Yeah.

Does uh the board have any questions of the applicant at this time?

Hi.

So as it stands, it says in the proposal there's no real effect as far as parking goes.

Previously, it's been used as a cafe, a store, uh, etc.

With an added outdoor venue, it seems like additional parking would be a requirement.

Do they have plans for that?

Just on-street parking may have been suitable for the cafe, but adding that additional space with additional occupancy, it seems important to account for that.

So it's still just the off-street parking, but to give a little bit of um an area of view of what this street of this part of Broadway looks like.

Um the vacant lot, and then right next to it is a single family property that they're still in the process of building.

I'm assuming they're going to move into it at one point.

Then it's vacant lot across the street from that vacant lot is storage.

Um has a new owner.

I think they just changed the name.

The corner there is the Helsinki, and then if you're heading um west, there is that garage.

It's another vacant lot, and then the um uptown Broadway Garage, which recently just sold.

I'm not sure what that guy has his plans with it across the street from that is that park.

Um Lexington Gardens, thank you.

Um, and so there well there well, there isn't a lot in front of the building.

There's definitely a lot up and down that street that is not used, it certainly wouldn't be used during an event.

Um, and it makes it very easy to accommodate vehicles.

Any other questions?

I do have one, so um the renderings are cool, that it gives you a really nice uh view of everything.

Do you have a feel for an outdoor event?

How many people might be expected at this?

I know the fire department will have to make the ultimate decision on how many people can be there, and that hasn't happened yet.

Um but do you have a feel for what your target is?

So as you could kind of see in the picture that was provided of what the stage is going to look like.

It is not a very big stage.

Um, and it the plan is mostly you know, grass seating.

Um it is of course on a bit of a slope, so it does work very nicely for that type of a feel as far as the people goes.

Uh I you know, it would really depend on how much we're allowed to have in a space like that, but I can say that it's it it is not a big space.

Um and it's it's not going to be a large stage, so the performances that are going to be there are going to be rather intimate.

Thank you.

Any other questions from board members?

All right.

Thank you.

Thank you guys.

I appreciate it.

All right.

Now we move on to the public hearing, correct?

Okay.

Um I'll open the public hearing and we'll start with proponents.

Anybody here that wants to make a statement in favor of this proposal.

All right.

Um second is opponents.

Anyone here that wants to make a statement as an opposition to this.

Okay.

Come on up.

You know the the drill, say your name, address, and um try to keep it less than three minutes.

What's that?

Yeah, but we're not public hearing.

Okay.

Um lots two and three that bounds that property there.

And I sent you guys a four-letter up four-page opposition opposition letter, which I hope you have read.

I don't know if you had them or not.

But at 328 East Broadway, I have been resident there since last year.

I've been living in the place since last November.

I'm currently living in the place.

We poured concrete today for a patio, so we are under construction.

Now I've talked to Montana Knapp many times.

I went when she came and started doing her work.

I appreciated it.

She talked about having several different venues.

Uh I didn't really think too much about it because I had assumed that she was gonna be like Yippity Bops or the Broadway Cafe and have it inside the building.

I'm fine with that.

I after consideration all last weekend, I am not happy with an outdoor venue.

You know, like I stated in the four pages I gave you guys.

If she's gonna have Greek tragedies on her amphitheater, I wouldn't mind that.

I'm kind of into the classics myself.

If she's gonna have 30-something bands playing till 10 o'clock at night, I'm kind of not really favorable about that.

The major problem I have, and there's a lot of background to it, and somewhere in your staff report it mentions having things like maybe a daycare center.

That's in there.

I don't know if it was a mistake being in there, but it is in there if you look.

The uh I lived 30 years down on Princeton Street.

Shelley Fisher moved in about 10 years before I left there with three houses as daycare centers.

Never really bothered me.

I worked, I leave, I'd leave for work before seven in the morning and come back at six at night.

Not a problem.

Then I was I was retired.

MSE is who I worked for, they disappeared.

I was retired.

So I spent three years down there as hanging out during the daytime.

I went nuts because there was loud noise all day.

I'm opposed to hearing loud noises.

In my summary, I say I oppose two things.

The first two are I don't want to hear music next door, outside, next to my house, which is only you know 30 feet from where the amphitheater is proposed to be.

Okay.

They're proposing building an eight 16 foot by 80 foot building on my boundary line.

It's said in the staff report that it's a single family home, and it is not.

If you look at your pictures on page 27 and 59, this single family home is a basement garage, a first uh first floor, and then a party deck on top of the roof.

If that's not an Airbnb design, I don't know what it is.

That party deck will be about five feet above the two bedrooms that I have on the east on the west side of my house.

Now, if it goes into business as an Airbnb, what's gonna happen during the folk festival?

It's gonna have people up on that deck all hours of the night, and you know what I hate more than anything else is smelling marijuana smoke, just perturbs me greatly.

So, guess what's gonna be wafting into my bedroom windows during the night?

Now, you might think that this isn't real.

Pat and I are there during the folk festival.

There are people parking on Bob Beatty's five lots next to us.

Every parking place on the street is occupied, and if you drive out of your parking place, it's gone.

I don't want that happening.

You know, like I said, I've spent well over $350,000 building a home for me in my old age.

Don't look that old, but what the hell?

Anyhow.

You guys have my opposition letter.

Yep.

We did, and I hope you read it, but I'm not uh I'm not up for this stuff.

Plus, I don't know if this is the venue for talking about building a house on my boundary line.

I don't think it is.

I had to do all the setbacks to build a place that I started in 2020.

And yeah, I'm still working on it.

I'll be working on it for the rest of my life, probably, but I'm living in it.

Uh I think I've said enough for today.

I hope you consider that.

Thank you.

Appreciate your comments.

Talk to you later.

Oh Steve Kiaovitz, K-U-J-A-WA.

That's 328 East Broadway.

Plus, if you do do this, I want resident parking only science there, and I don't want any angle parking because we figured out that that doesn't work in that neighborhood.

Thank you.

Anyone else that would like to speak in opposition?

Come on up.

State your name again, try to keep it uh under three minutes.

Well, I don't speak too good in public, so mine will probably be way under three minutes.

But I'm like Steve, I'm against it.

I live at 331 East Broadway.

My name is Patrick Peck.

I've lived there for over 40 years.

We've put up with a lot of stuff in that neighborhood.

From evil canival days to uh the folk festivals, uh big parties at the Helsinki.

We've actually had people standing on top of our vehicles at these parties at these get togethers.

So I am dead set against it.

And uh the noise is I'm sure you wouldn't want 10 hours of noise outside your bedroom window, would you?

I don't think any of you guys would.

So think of that when you're going to vote on this.

As far as parking, that street.

I heard something about angle parking.

You can't do it.

Come winter time, they plow the snow into the middle of the street.

Then you can't, if there's cars angle parked, you can't get down the street.

So there's a lot of things that just I don't know.

It I'm against it.

That's that's all I can say.

And that's it.

I told you I wasn't very going on at this.

But before you guys vote, think about if it was going into your neighborhood 50 feet away, and think what you would think about it.

That's all I've got to say.

Thank you.

Thank you for your comments.

All right, anybody else would like to speak in opposition?

Hello, my name's Kate Peck, and I'm with the property on 331 East Broadway.

I just want to stress that this is residential.

The two main houses affected are retirees.

Uh, we also have to consider how this is going to affect their properties.

Uh how much worth it's gonna be, they're quiet, peace and quiet, and they'll they're also putting in a lot of money.

Uh my parents have been living there for 40 plus years.

Steve is going to be long term too.

So they're really nervous about having an outdoor venue.

Thank you very much for your time.

Thank you.

Hi everybody, I'm Josh Peck, resident of 50 Chula Avenue, Butte, Montana.

Um, stand in opposition.

Um, I am very excited.

It's awesome to see progress happening in Butte.

It's awesome to see new things, new venues.

I think once we established ourselves as the festival city 15 years ago, we really opened up a new chicken in the egg experience with allowing people to enjoy butte and see what fun it is.

And then we created a community where you want to have nice views and you want to have nice neighborhoods, but you also want to have nice parties and nice events.

Um I spent 10 years associated with evil can evil days where we did have a stage in that lot at one point for a year, and then we also had the bike jumps there.

I spent uh 15 years with the folk festival, as you call during the national.

We had two years where we had stages in that particular area, as well as a horse arena at the second year of the national.

If anybody doesn't remember that, I still have nightmares.

Um but we have um it is a great neighborhood, and it is a neighborhood where I'm I'm really excited to see all the renovation going into an 1999 building.

I think that's very incredible.

It's very exciting.

And I do think that uh an outdoor venue at this point in time probably isn't the best use.

Um, just considering the fact that Butte Silver Bow, we we get about three months of weather where you can have outdoor events.

Um and you're cramming a lot in.

You're cramming music on Maine, you're cramming events at McKenzie River Pizza, your cram at events out at the Rocker Center, your cramming events at the Mountain Con and the Gardens up at the original.

We have a lot of things going on, and it's exciting to capitalize on that.

Plus, down the street at the Helsinki has a lot of their own outdoor events, and they've done a great job building that up.

Um, you know, I we talked about parking in the staff report, and that's probably the main area.

I mentioned in my letter several things.

Noise ordinance being the main one.

I do think Butte Silverbow needs a noise ordinance before we see more residential properties, uh, residential zoned areas start to see um outdoor music venues pop up in them.

We really do need to do that, and that's something that the residents of the original area have been asking for for a long time.

Um, and and I the parking is an issue.

Uh the night my daughter was born in 2008, it was wrapping up evil can evil days, and my parents couldn't even leave their house to come to the hospital to see my daughter because they were surrounded by cars and trapped in their own house at two in the morning.

Um and that happens.

You have an event, you have music until 10 p.m.

People stay and party.

We all do it, we've all done it.

So um I do stand in opposition.

I think it's a great idea.

I highly commend Montana and Jennifer Plute and and everyone who's putting effort into this.

I think it's fantastic to see new things happening for Butte, and I strongly am in favor of new things happening.

I just think that this uh proposal needs some more thought, and and I think it might be the wrong place.

And I know it's just a few residents, but there are residents who've dedicated a lot, done a lot for the community, and put up a lot for a lot of years with very little complaint.

So thank you for listening, and you guys have a great evening.

Thank you.

Is there anybody else that would like to speak in opposition?

All right.

Hearing none, let me get this thing shut off.

Um I believe the uh applicant has an opportunity to respond.

It's uh is that correct, staff?

Okay.

Um, Miss Plute, would you like to uh respond to any of the comments that have been made?

Um first off, I just want to say thank you guys so much for your feedback and for your comments.

It it it do appreciate it.

Um it sounded like the main issue was a noise ordinance, and I completely agree.

Butte needs a noise ordinance.

I think everybody from what is it, June 30th to July 5th would like that.

Um you know, if if you want to give restrictions, you can see on there, I believe it was 10 PM.

Um, you know, I I do feel that that is necessary if you want to do further restrictions, we can certainly discuss that and see if it's something that we could maybe come to an agreement with.

Um and as far as parking goes, uh I I well I didn't have an answer to your question.

I will say this, it is not the folk festival, it is not evil can evil days, that is not the plan for this.

Um so uh parking is definitely an issue in Uptown Butte, and especially when there are festivals that are going on.

Um you have to remember that the streets are not gonna be closed, so some of these streets that are utilized, especially during some of these events, are not necessarily, you know, you can still park at the parking garage and walk up if you wanted to grab a bite to eat, walk up to the event center, walk back to your vehicle.

Streets are not going to be blocked off or anything along those lines.

So I do think it makes it a little bit more accessible for people to find parking without having to deal with getting out of your driveway at 2 a.m.

So you can go up to the hospital.

Um, because it is not that type of a situation whatsoever.

That's all I really have.

Sorry.

Thank you again.

I need to apologize.

Thank you.

All right.

Uh with that, the uh public hearing is closed, correct?

Thanks.

Um board members, would we like to have a so I guess before we do that?

I'd like to ask the board members.

We have up to 60 days to act on this.

Um do we want to consider making a um motion tonight at some point, or do we want to wait and answer that question after discussion?

Yeah, I I kind of feel like we should wait on this one.

Um also because it was mentioned that we have to you know recluse more recluse.

Jeez, I can't talk today.

Ricky is one person.

Um would be nice to have more members of the board to discuss it with as well.

Mr.

Chairman, I I would probably tend to agree.

I think my biggest question, you know, how it relates to noise and parking is I guess you know, size of the venue, how many would be in attendance.

I just don't have a good feel if this is 50 people, 100 people, 500, 1000.

I agree it's not evil carneval days or the folk festival.

But um I don't I don't know what the fire code would would allow for a venue like this.

Um I think just some ambiguity around that.

I wouldn't be ready to make a decision tonight.

Okay.

Additionally, with the fact that we do only have three occasionally four months a year where an outdoor space would be utilized.

It's there's a lot to consider.

The indoor venue is year-round and longer hours.

There's it's a lot to consider.

I think we should think about it.

All right, so we're it sounds like the the board is in favor of waiting.

That's I'm looking to staff, the we're okay with that.

We're okay with that.

Thank you.

Um all of you have a comment?

So I just wanted to clarify, I believe, and I'll double check on this, but I believe it's only the board members that are present tonight that heard the whole speech, um, will be able to vote, even if we put it off.

So I just want to make sure you guys are all aware of that.

Okay.

You are that is correct.

Thank you for reminding us.

Um does that change people's opinion on making a okay.

Um if we are going to hold it off, do we have any uh specific requests of staff or of the applicant that we'd like to see additional information on?

Is that Mr.

Chairman?

I think um some more clarity um details around you know size of the venue, um, you know, and kind of approximate limits of of attendance would help answer a lot of my questions.

And projected schedule.

What does it look like?

If it's if it's during the already existing summer festivals, that does complicate it.

That's also kind of the only time when that is open.

So um if they if Montana has any idea what that looks like, that would be helpful.

All right.

Um is everybody okay with us putting it on the agenda for the next meeting?

Thank you, Mr.

Chairman.

Just so you guys are aware, um, we do not have a meeting scheduled for December with the holidays.

Um so we could possibly look into holding a special meeting earlier in January if it conflicts with the time frame.

So we s are we not having a November meeting?

Yes, we would have a November meeting, but if there's not a decision made within that time frame, there's not a December meeting.

So we can look at doing it like a special meeting in between that time.

Understood.

So for my clarification, we can we can bring this up again at the next meeting and make a decision.

Um but if we stand uh agree to stay it, we have to have a special meeting to do that.

Correct.

So we're in compliance with the time frame.

Yes.

Thank you for the clarification.

All right.

Um I guess I'm asking staff again, do we need a motion to hold this or is that a decision?

I believe that's your decision.

And that's part of the question.

I think uh um I think it's appropriate to have a uh motion if we want to stay this for the and revisited the next meeting.

So Mr.

Chairman, I'd make a motion to um yeah, stay this and revisit at the next regularly scheduled zoning board meeting.

We have a motion and a second since we don't really have a forum for this one, I'll ask for a verbal vote.

Is that appropriate?

Yes, thank you, Mr.

Chairman.

Um just one other thing.

If with the motion you can determine what documentation um you would like the applicant to provide the staff so that we can bring that to the next meeting.

Okay.

Would you like to amend your motion?

Yeah, I would amend the motion.

Um the applicant to bring um more details on projected number of attendees, um, as well as you know, a tentative schedule um more details about how you'd like to um operate the facility, you know, outside the you know, the fire marshal's decision on attendance.

All right, are you do you accept that as a second?

Um can I also add, can we um can she provide what will be the um what they'll do for outdoor bathrooms as well?

Okay.

You accept that amendment.

Yeah, I I accept.

Okay.

All right.

All right, so we have uh a motion and a second on the floor with amendments um to stay this till the the next meeting requesting staff um to staff and the applicant to provide information on um you know what how many people at the venue we think we're gonna have, maybe uh an idea of what a schedule would look like um as well as um accommodations for outdoor bathrooms.

So did I capture everything?

Okay.

Um I guess with that uh all in favor signify by saying aye.

Aye.

Aye.

Aye.

And opposed and aye.

Um opposed.

Uh nobody left, so indicate by saying the same thing.

Thanks.

All right.

Ums Plude, uh, maybe just a suggestion.

Can you talk with the fire chief?

They maybe will give you.

I know they won't make a decision until you have this approved, but maybe get an idea what they think that would be would be.

I don't know if you've had a conversation with them or not yet.

I would have tried to ask you, but I think that's a good question.

Yeah.

I think that might be your best venue venue to get an answer to to that question.

Okay.

Um and with that, uh, I don't think there's anything else on the third meeting.

Okay.

Next next meeting will be the the 20th November, I believe.

Um hopefully everybody who's here tonight will be here again to do this.

Um all right, with that, I think we're adjourned for the night.

Okay.