All right, now that uh all our available board members are here, we'll go ahead and call today's meeting to order.

This is the January 4th, uh 2025 meeting of the zoning board of adjustment.

Um I'll start with some introductions.

Or our board members here.

We've got Garrett Craig, Heidi Rosenleaf, Justin DeSazo, Lexi Murphy, and Mike McQueen over here, and I'm Stephen Co.

I'll be your MC chair today.

Staff members, we've got uh Joela down there at the computer, Aiden sitting here.

Um calling the meeting to order.

And we'll start with our hearing of cases.

First one on the docket today is variants twenty-five eleven.

Thank you, Mr.

Chairman.

First report is for variants twenty-five-eleven.

And it's for thirty two fifty-five Hecala Street.

Um the applicant or owner is claim a query.

Per section 174840A of the Butte Silverbow Municipal Code to vary from Section 1740 900 number 36 and install 26 parking spaces instead of the required 42.

In 2019, the applicant had applied for variants number 16293 and it was approved for a much larger project.

However, due to some unforeseen unforeseeable events, the project was delayed and new plans have been submitted to the planning department.

The property is in an R1 or one family residence zone and is legally addressed as 3255 HECLA.

Again, it is in the R1 zone right here across directly to the north of the McQueen Club and across the street from property owned by Montana Resources.

Here is a site plan for the new addition.

To the south is the existing building, and up here is the 1440 square foot addition that they're proposing to install.

An aerial photograph of the facinity.

It is the Pitt Fitness Center.

Some background.

A legally established nonconforming use that is continued since that time.

As per section 174840A, any proposed alterations or expansions to this nonconforming use must be reviewed and approved by the Zoning Board of Adjustments.

In 2019, the applicant submitted variants number 16293 requesting approval for a 4,310 square foot addition on the north side of the property, along with reduction in required parking and the rear yard setback.

The zoning board of adjustment approved the variance at that time.

However, the addition was never constructed.

The current proposal represents a significantly smaller expansion of 1,440 square feet along with a side yard setback that is consistent with an R1 required setback and reduction to the number of parking spaces.

The first criteria for a variance is that it will not be contrary to public interest.

Given the existing mix of single family residential and commercial uses in this area, the proposed expansion of the existing fitness center is consistent with the character and intent of the suburban mixed place type and will not be contrary to public interest.

Additionally, both recreational facilities and personal service uses such as hair salons considered are considered professional services.

They may be allowed by a special use permit in any zoning district with approval from the zoning board of adjustments.

This further supports the finding that the proposed use is not contrary to public interest.

The proposed expansion of the existing fitness center aligns with the established character of the neighborhood, promotes compet compatible development, and may be permitted through a special use permit in accordance with Butte Silverbow Municipal Code.

The second criteria is unnecessary hardship.

This property was originally granted approval through variants number 1056 to construct a fitness center and beauty salon.

In 2019, an amendment to this variance was approved to allow construction of a 4310 square foot addition, varying from the rear yard and parking requirements.

However, that addition was never completed.

The continued presence of a pre-existing non-conforming commercial building on a residentially zoned lot may be considered a hardship as the circumstances restrict the reasonable use of the property without either demolition of the existing structure or approval of a variance.

The zoning ordinance specifically recognizes such situations as potentially warranting relief through the variance process.

Based on the findings and evidence presented, literal enforcement of the zoning provisions would result in unnecessary hardship due to the unique configuration and existing non-conforming use of the property.

The hardship is not self-imposed and arises from site-specific conditions, including its zoning classification and structural layout that limit compliance with standard setback requirements.

Granting the requested variants will allow a reasonable and compatible expansion of the existing fitness center, consistent with the intent of the zoning ordinance and the suburban mixed place type identified in the Butte Silverbow Comprehensive Plan.

The third criteria is spirit of the zoning ordinance is observed.

The proposed five-foot side yard setback and reduction in parking spaces are consistent with the scale and character of surrounding development and would not create any unid any identifiable detriment to the neighborhood properties.

The proposed expansion supports community recreation and wellness consists with the suburban mixed place type of the comprehensive plan, which envisions a balanced blend of residential and small-scale commercial uses that serve nearby neighborhoods.

It should be noted that the expansion to the north would primarily affect the property immediately adjacent to the north, which is also owned by the applicant and is separated from the from the project site by an undeveloped alleyway.

Substantial justice.

Would literal interpretation of the provisions of this chapter deprive the applicant of rights commonly enjoyed by other tracts in the same district.

Strict or literal enforcement of the R1 zoning district would deprive the applicant of rights commonly enjoyed by other properties in this district.

The existing fitness center is a legally established non-conforming use that has operated for many years and serves a neighborhood scale commercial function consistent with the comprehensive plan suburban mixed place type.

Would approving the variance request grant the applicants any special privileges that are denied by by this chapter to other land in the same zoning district.

The property's use as a fitness center was legally established through use variants 105 10 566 in 2004 and has since operated as a neighborhood scale commercial use.

The proposed expansion and associated variants simply allow continued and improved use of the site within the spirit and intent of the zoning regulations.

Therefore, granting this variance would not constitute a special privilege, but rather would ensure equal treatment by permitting reasonable use and reinvestment in a strong standing community facility without altering neighborhood character or adversely affecting adjacent properties.

Conclusion and recommendation.

Staff finds that all three of the criteria were met and are recommending approval of the variance application based on written finding of facts as described in the staff report.

Alternatives would be to deny the application based on findings of non-compliance with the review criteria or continue public hearing on the application with specific direction to staff or to the applicant to supply additional information or to address specific items.

Some of the conditions of use prior to the issuance of a building permit, the applicant shall submit an engineering plan and analysis to address on-site stormwater drainage in compliance with all sections of Chapter 1332 stormwater management of the Butte Silverbow Municipal Code, including the Butte Silverbow Municipal Code, Stormwater Engineering Standard, and receive a stormwater management plan.

Because the proposed expansion exceeds the 25% of an existing structure, the applicant shall comply with all landscaping requirements outlined in section 1738 of the Butte Silverbow Municipal Code.

The applicant shall utilize dark sky compliant lighting, lighting fixtures for the exterior lights to minimize light pollution or glare impacts.

A detailed site plan of proposed permanent structure location with setbacks, parking arrangements shall be submitted to the planning department for review and approval.

Prior to the issuance of a building permit, the applicant will be required to submit cost estimates plus 10% for landscaping and parking improvements and 25% for stormwater improvements.

And the applicant will be limited specifically to the business as stated and approved.

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

That concludes that presentation.

Thank you, Joella.

Do the board members have any questions of staff?

All right.

There we go.

Okay.

My name is Clay McQuery.

Thank you guys for hearing me today.

Um kind of the reason why I want to do this is try to expand my business a little bit.

Um we're going on year 10 uh being a business in Butte, and um I, you know, back in 2019, I originally had this plan to do more of like a kid speed camp kind of stuff.

And I, you know, back in 2019, I originally had this plan to do more of like a kid speed camp kind of stuff.

But things kind of went, hey, why are COVID happened?

And then things just kind of happen to go downhill.

But anyways, now I'm looking at doing more of an expansion now to help grow the business and do more of my group training within the building.

I am still planning on trying to do it more of the kids stuff.

Um in the winter time it's hard to do any of the speed stuff.

Um we do a lot of the speed stuff outside in the summer, but during the winter times it's hard to do that, you know, obviously with snow.

But you know, I think another thing that I'm trying to do is to stay competitive in the market here in Butte.

Um I think growing my business will help maybe increase a little bit of memberships, but also you know, kind of help retain my memberships I have already.

Um, I try to not add too many members at the gym right now, so you know, as far as far as parking and all that stuff goes, um, we try to keep that low and not a crazy amount of people in the area.

But um, but yeah, so that's kind of why I'm looking to do it, just to try to expand my business and hope things you know can grow a little bit more.

Thank you.

Thank you very much.

Do uh board members have any questions of the applicant.

No.

Okay.

This time we'll open a public hearing for anybody that wants to come up and is a proponent of this.

Good evening.

My name's John Sorich.

I live at 1820 Wilson Avenue here in Butte.

Uh I've known Clay since he's been a young pup.

No, no pun intended.

Uh anyways, I am a member of Pit Fitness, and I think Clay is does a fabulous job down there.

You know, for he's always, you know, if he's not mopping, he's training.

I've seen him with the kids.

He's talking about trying to train the kids.

He's, you know, he's just a uh runs a very good business and very solid.

And I believe that you know whatever he does down there is going to be you know in the betterment of the of the neighborhood, and I think like he says, he just wants to be competitive.

And I think this will be a great opportunity to help out a small businessman.

You know, his family's been in business for you know, his dad was uh Dr.

Carl McQuery, you know, has been in business for over 30 years and a member of the animal control board.

Um so I think it's just a good opportunity to help him out.

So I urge you to please vote yes.

Thank you.

Thank you, Mr.

Sarich.

Any other proponents?

All right, seeing none, do we have any opponents?

Again, seeing none.

Does the board have any discussion on this?

Uh Mr.

Chairman, members of the board.

I think pretty straightforward in my mind, you know, especially given the approved non-conforming use for you know 20 plus years.

Approved variants in 2019 for something that would have been much larger.

Um, you know, decent sized lot, and just overall makes a lot of sense to me.

So I don't I don't have any issue approving this variance with the conditions as outlined.

I agree.

Any other comments?

I'd move move to approve.

Okay, we got a motion.

Do we have a second?

I'll second it.

Okay.

Motion and a second.

With that, uh, use your forum to vote.

All right, Clay, all the votes are for the motion, so you are good to go.

The staff will send you a letter soon, and have fun.

All right, moving on to uh next item on the agenda B special use permit 2519.

We have a staff report.

We do.

Sorry.

The next report is for special use 25-19.

Um, the applicant is Kenneth and Luella Barrett, trust owners, and Jeff Thornton is the representative.

Um, this proposal is to amend special use 23-18, which was approved by the zoning board of adjustments in March of 2024.

The proposed amendment includes the installation of an additional 432 square foot or 12 foot by 36 foot walk-in equipment shelter and a hundred and fifty kilowatt diesel generator within an expanded compound area.

The proposal will remain entirely within the existing leased area.

Utility buildings supporting radio television, telephone, or broadband signals are recognized as special uses allowed in any zoning district, provided that the prescribed use is in harmony with the other uses permitted in the zone and not found to be contrary to public interest.

The special use permit process provides for review of public input, a measure of the potential impact of the proposed use on the surrounding area, and compatibility of the proposed use with the adjoining neighborhood.

The zoning board of adjustments will review the physical conditions of the location, conduct, and operation of the proposed use, and whether the combination of these factors will be compatible with the proposed site and surrounding areas.

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

The property in question is in an R1S just south of town off of U.S.

Highway 2.

Um it is surrounded by R1S and up in the to the northeast northwest, excuse me, is a light industrial area.

This is an aerial view.

You can see that ABC storage is directly to the north.

Montana State pit area is directly to the east, and to the south is another utility building.

The location character of the property and surrounding buildings.

The parcel is zoned R1S or one family suburban resident.

The parcel is occupied by four unused agricultural structures located in the southeast corner of the lot adjacent to Janey Road, and an unmanned utility shed constructed on the parcel in the mid-1990s.

Properties to the north are generally industrial in nature, with small storage complex located just north of the proposed location of the utility shed.

The properties to the south, east, and west are primarily suburban residential.

The location character and natural features of the property will not be significantly altered by the proposed construction of a 12 by 36 foot or 432 square foot utility shed on this lot.

As you can see, there's an existing structure.

A zone change was made in 2022, and that zone was changed from an R1S south and east of Basin Creek Road and Gun Club Road into an M1 or light industrial.

Constructing a utility shelter would not be compatible with the other mixed.

Constructing a utility shelter would be compatible with the other mixed mixes of use in the area.

The comprehensive plan place type for this property is rural residential.

Because the utility structures are recognized as special uses allowed in any zoning district.

This proposal is consistent with the objectives of the comprehensive plan place type.

Proposed fencing, screening, and landscaping.

The applicants have stated that the existing fencing will be extended to enclose the expanded compound.

In addition, landscaping and visual screening will be incorporated to reduce visual impact and maintain the aesthetic character of the surrounding neighborhood.

Staff recommend that all fencing and landscaping improvements be designed to comply with Butte Silverbow standards and to ensure the compound remains compatible with adjacent properties.

Proposed vehicle access, circulation, and parking.

Access to the site is available from Montana Highway 2, which is a Montana Department of Transportation right of way.

The applicant has stated that the site access will remain unchanged with adequate space provided for maintenance vehicles to enter and maneuver within the compound.

No additional parking is required as part of this proposal, and emergency access to the site will be maintained at all times.

Due to the nature of the use and limited on-site activity, the site does not require bicycle or pedestrian facilities.

The use conforms to objectives of the adopted comprehensive plan and purpose of the ordinance.

The zoning ordinance permits certain commercial uses, utility buildings supporting radio television, telephone, or broadband signals to be located within all residential zones after review of the request by the zoning board of adjustments.

The special use application process was created to ensure that these types of businesses will not negatively impact adjacent residents by requiring mitigation where a potential negative impact may result.

The comprehensive plan place type for this property is role residential.

Because utility structures are recognized as special uses allowed in any zoning district, this proposal is consistent with the objectives of the comprehensive plan.

Compatibility of the proposed project with the existing adjacent building structures, neighborhood topography, or other considerations.

The proposed utility equipment shed would be compatible with the existing adjacent buildings and structures.

It is not expected to disrupt the character of the area or interfere with the neighborhood as most residences are at least a half a mile away.

And the location features uses the location features, uses similar in nature, including utility and industrial related facilities.

The site plan illustrates the general layout of the proposed unmanned utility equipment shed and its associated improvements.

The R1S zone requires a 25-foot front yard setback.

The structure shall require a Butte Silverbow building permit prior to construction.

Conditions of approval.

Prior to the issuance of a building permit, the applicant shall submit an engineering plan and analysis to address on-site stormwater drainage in compliance with section chapter 13.32 stormwater management of the Butte Silverbow Municipal Code, including the Butte Silverbow Municipal Stormwater Engineering Standards, and receive a stormwater management plan.

It should be noted that we did just receive stormwater variants on this application and it was approved.

The applicant shall utilize dark sky compliant lighting fixtures for the exterior light proposed for the east side of the building to minimize light pollution and glare impacts.

Prior to the issuance of building permit, the applicant shall submit a site plan illustrated conformance with the front, rear, and side yard setback requirements of the R1S zone.

The applicant shall submit a cost estimate for stormwater plan that must be approved by public works department prior to beginning construction.

This cost estimate will be used as stormwater bond plus 125% to secure the installation.

This bond may be in the form of cash letter of credit, surety bond, or other guaranteed negotiable instruments.

Because the proposed expansion exceeds 25% of the existing structure, the applicant shall comply with all landscaping requirements outlined in section 1738 of the Butte Silverbow Municipal Code.

This shall include a minimum of 1,280 square feet of landscaped area, of which 60% must consist of live vegetation and 40 may consist of rock, stone, bark, or similar non-life materials.

The applicant shall provide a landscape buffer, which shall include screening for the existing fence consistent with the requirements of Section 1738 of the Butte Silverbow Municipal Code.

The applicant shall comply with all applicable provisions of Section 1738 43 and 173844 of the Butte Silverbow Municipal Code regarding landscaping design, installation, and maintenance standards.

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

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

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.

Special from the granting of special use permit to amend a previously amended special previously amended and approved special use 2318.

Sorry, you guys.

Section 1738160, special or conditional use permit.

This decision of the board requires staff to refer the applicant application to the board within 15 days of the receipt of the application and all requested information.

The board shall within 60 days deny the application and give reason for the denial or approve the application, and the zoning officers shall issue a zoning compliance permit with conditions specified therein.

Thank you.

Thank you, Joella.

Does the board members have any questions of staff?

No worries.

Do we have a the applicant or a representative here?

Again, please state your name and tell us what's going on.

Hello, I think you're all for all having me here today to speak with you.

Uh my name is Jordan Perkins.

Um I'm an engineering design manager for Ontivity, which is uh we are a vendor doing the work on behalf of uh intermountain intermountain infrastructure group.

Uh I'll refer to them as uh IIG going forward.

So I'm just make that easier.

Um I just want to give a little background of this project.

Yeah, so uh initially we had installed the the one shelter on this location um and did not have plans uh uh for a phase two um and a second shelter, but uh there was a um uh the the demand grew quite a bit for this um uh for this project.

These uh shelters support the the fiber optic network the the long haul fiber optic network um and future expansion um they're not a relay station or a cell tower or anything like that, they're basically just maintenance sheds, the whole uh maintenance equipment that they're unmanned, there's no water or uh a sewer or anything on site, um, and there's no uh you know employees or anything on site.

Um but I guess we are just requesting to uh be able to expand the the compound and add additional shelter.

Um sorry, excuse me, and uh meeting all the uh landscaping requirements and um I know all the regulations I think they were stated in the in the brief there.

Um, unless there's any other uh concerns or questions, it's really just expansion of the existing thing that we already have.

It's an identical shelter.

Um just expanding the footprint a little bit, but staying within the least area on the parcel that we already have.

Well, thank you.

And uh there are conditions.

I sounds like you're okay with them.

Is that your correct statement?

I guess we've already addressed the uh landscaping uh concerns and uh you know added that to our construction drawings.

Uh we already got the stormwater variants approved.

I think that came in like today or yesterday.

So uh the conditions are you know acceptable in uh for us, yeah.

Okay.

Does board members have any questions?

No.

Okay.

All right, with that, we'll open a public hearing on this uh special use permit.

Um any proponents want to come up and say anything.

All right, hearing none.

Any opponents want to come up?

All right.

Hearing none again.

Um, uh, does board have any discussion before we move for a motion?

What's that?

Your golden?

Okay.

All right, I'll entertain a motion if somebody would like to make one.

I'd make a motion to approve special use permit 25-19 with the conditions of approval as outlined by staff.

Okay.

All right, we have a motion and a second to please indicate your position on your form, all right.

Once again, we have a unanimous vote of for the motion.

So congratulations, and staff will be sending you a letter to that effect soon.

Thanks.

All right.

Moving on to item C special use permit 2520.

Um Aidan, I believe you're up.

Yes, thank you.

Special use 25-20 is for 916 West Copper Street.

The applicant is RC properties and Fred Birch.

The proposal is to locate a short-term rental in an existing residence per section 1738-180.

Special use is allowed in the Butte Silverbow Municipal Code.

The property in question is legally addressed as 916 West Copper Street, Butte, Montana 59701.

Um on the left, you will see an aerial image of our zoning map.

In the red is the property and parcel in question.

You can see it is in an R2 zoning district.

The image on the right is the front of the property.

Location and character of the property and surrounding buildings.

The property is located in an R2, two-family residential zone.

The surrounding area consists primarily of single and two-family residential uses.

Proposed vehicle access, circulation, and parking.

Vehicle access to and from the property may be acceptable for the proposed use.

Access to the front of the residence is provided via on-street parking on Copper Street.

On-street parking appears to be a primary option in the area.

There appears to be enough room for one to two parking spaces along the street in front of the residents.

There appears to be no handicap specific parking options in the area.

Planning staff recommends the applicant provide detailed descriptions of the parking accommodations in their rental listing.

The proposed use will not adversely affect nearby properties, their occupants, or the aesthetic of the existing neighborhood.

When considering the low impact commercial nature of the proposal, planning staff believes it would have minimal impact on adjacent properties and property owners.

Staff recommends the applicant should clearly communicate the rules and expectations to guests and confirm their understanding prior to confirming bookings.

Conditions of approval.

Any remodeling of the existing residents performed to accommodate the proposed business will be required to meet all applicable building code and health code requirements as required by the Butte Silverbow Building Code Department and Butte Silverbow Health Department.

All necessary approvals must be granted prior to the applicants receiving final business license approval.

The property address must be visible, including past dark and entrances must be clearly identified.

The applicant should be 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 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.

The applicant will be required to acquire a Butte Silverbow business license for the short-term rental.

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 for a short-term rental.

Section 1738160, special or conditional use permit decision of the board requires staff to refer the application to the board within 15 days of the receipt of the application and all requested information.

The board shall within 60 days deny or approve this application.

And that is the conclusion of this presentation.

Thank you.

Thank you, Aiden.

Board members have any questions of Aidan?

Staff.

Okay.

Is the uh applicant present?

Please state your name and let us know what's going on.

Good evening.

My name is Sarah Reynolds.

I'm here on behalf of Fred Birch for the property located at 916 West Hopper.

Um it is to my understanding that excuse me that we haven't had any issues with um complaints of noise.

Um occupancy is generally averaging about 11 days, he said, out of the month.

So it there wouldn't be much guest turnover.

Um that's all he told me to say.

So any uh questions of the applicant.

No.

All right, here none.

Um we'll open for uh public hearing.

Um proponents want to come up and say anything.

All right, seeing none, any opponents?

Again, seeing none.

Um we'll close public hearing and board have any discussion.

Uh Mr.

Chairman, members of the board.

I think this one's pretty consistent with the other special uses we've seen for short-term rentals.

Um, that we've approved, so wouldn't feel any different about this one.

So if no one else has anything, I would make a motion to approve special use 25 dash 20 with the conditions of approval as outlined.

Second.

We have a motion and a fight for the second.

Um, with that, uh please indicate your how you uh feel about this on your form.

All right, three for three for unanimous approval.

So you're good to go, and um, you'll get a message from or a letter from staff soon.

Is that correct?

Okay.

Julia looked at me and I'm like, oh, what I forget.

All right.

Uh continuing on, we have special use permit 2522.

Aiden, you're up again.

Thank you.

Special use 25-22 is for 1031 Antimony Street.

This is gonna be very similar to the last presentation.

Um applicant is Aubrey and Sean Gold.

Their proposal is to locate a short-term rental in an existing residence per section 1738-180.

Special use is allowed in the Butte Silverbow Municipal Code.

The property in question is legally addressed as 1031 Antimony Street.

On the left, you'll see an aerial image of the zoning map.

The property is within the red borders, and it is in the R2 zone bordered closely by an R1 zone.

On the right is the picture of that outside of the property.

Location and character of the property and surrounding buildings.

The property is located in an R2, two family residential zone.

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

Proposed vehicle access circulation and parking.

Vehicle access to and from the property is acceptable for the proposed use.

Access to the front of residence is provided via on-street parking on Antimony Street.

With a maximum of two vehicles.

Thank you, Aiden.

Any uh questions of staff on this issue.

All right.

Aubrey, I think you are here.

You want to come up?

And as always, state your name and let us know what's going on.

Good evening.

My name is Aubrey Gould.

Um I'm here on behalf of 1031 Antimony.

So we bought 1031 Antimony in 2023, and we wrapped up renovation of it in 2025.

We were very intentional about investing in this community.

My husband grew up in Butte, so we really wanted to put our money where our mouth was and take a property that was a little sad looking and put our resources in it.

We were very intentional about utilizing local labor for the renovation items, utilizing local products when we could with the furnishing of it.

So we're really proud of how it turned out.

Selfishly, it will be a place that we'll be able to stay with when we're in town because we're from out of town, but we do have family in the area, so it's a nice place to stay when we're in town, but then we won't be here all the time, so we want the opportunity to rent it out.

So this is why we're um before you waiting for that approval, and then also we've been very intentional about cultivating relationships with the neighbors.

So we had an open house back in October, invited the neighbors to come in, see what we had done, they know how to contact us, if they have any issues, so we've been intentional about that as well.

So happy to answer any questions.

All right, and you saw the conditions, you're okay with all those.

Yes, I am okay with the conditions.

Okay.

Board members have any questions of the applicant.

All right, thank you.

All right, we'll uh open public hearing on this issue.

Uh anybody here want to voice an opinion in favor of this.

All right, seeing none.

Anybody opposed?

Seeing none, I will close public hearing and staff have any discussion other than this is a short-term rental, and we've seen a million of these.

Copy and paste.

All right, I'll entertain a motion.

I'll move to approve.

All right.

All right, we have a motion and a second.

Please indicate your uh favor by voting.

All right, we're batting a thousand tonight.

All votes are for the motion.

Congratulations, Aubrey, and good luck.

We haven't denied that.

All right.

And Aiden, copy and paste.

We get to hear it again.

Yes, very similar to the past two.

Um special use twenty-five-23, thirty-one thirty-six floral boulevard.

Um applicants are Dennis and Rebecca Weiss.

And it is to locate a short-term rental in an existing residence per section seventeen thirty-eight one eighty special use is allowed in the Butte Silverville municipal code.

The property in question is legally addressed as thirty-one thirty-six floral boulevard.

Um on the left, you'll see an aerial image of the zoning map of the property in question.

It is located in the R1 zone.

On the right, you'll see uh um image of the outside of the property.

Um the property is located in an R1 single family residential zoning district.

The surrounding area consists primarily of other single family residential uses.

The property in question is located within the traditional neighborhood place type of the comprehensive plan.

For vehicle access, um vehicle access to and from the property is acceptable for the proposed use.

Access to the front of the residence is provided via floral boulevard where there is enough room for two vehicles.

And it appears there is additional space in the driveway of the property.

There appears to be no handicap specific parking options in the area.

Planning staff recommends the applicant provide detailed description of parking accommodations in their rental listing.

Um when considering the low impact commercial nature of the proposal, planning staff believes it would have minimal impact on adjacent properties and property owners.

Staff recommends the applicant should clearly communicate rules and expectations to guests and confirm their understandings prior to bookings.

Um rental conditions of approval.

And same conclusion.

Thank you, Aiden.

Way to whip through that one.

Any uh any questions of staff from board members?

Okay.

Um I assume you're the applicant since you're the last ones left.

There we go.

All right.

Uh I'm Dennis Wees.

My wife, Becky, and I have owned that property for 27 years as a long-term rental.

And just we want to give the short-term rental apply a try.

It seems to be nice to get in there every two or three days and do maintenance and whatever and keep it looking good inside and out, and the neighbors seem to like it.

And that's really all I have to say.

Excellent, thank you.

Any uh any questions of the applicants from board members?

All right.

We'll do the uh public hearing.

Any uh any proponents?

No, any opponents.

All right.

Um public hearing is closed.

Uh discussion from board members before we ask for a motion.

No, I mean I I live on floral two, and I've seen the effort that Dennis and Becky have put into their house.

It's a lot of work, a lot of money have gone into it, done a really nice job, and someone that lives in the neighborhood.

I I have zero concerns with it.

So I think with that I would make a motion to approve special use twenty-five-23.

Yeah.

I'll second.

All right, we have a motion and a second.

Uh please indicate by filling out your form.

And that makes it a perfect evening.

All of the uh approvals were for the motion.

So congratulations, and you'll receive a letter from staff shortly.

All right, if there's nothing else, then uh we'll adjourn.