All right, is staff ready or should we do this?

Okay.

All right, so it's uh five thirty on March nineteenth, twenty twenty six.

I'll bring the uh zoning board of adjustment meeting on this day to order.

Um start with some quick introductions.

We have almost a full complement of board members.

We've got Garrett, Heidi, Shanna, Justin, and Mike, and myself, I'm Stephen Co.

We have staff here with uh Julia sitting there, the planning director, Aidan, um Joella, and Becky over at the computer.

Um with that, uh, we have a slew of minutes that it that were sent out with our packet.

Um has everybody had a chance to look at those to their liking.

A lot of head nods, we'll go with that.

Um with that, I'd entertain a motion to uh accept or approve the uh the minutes.

Um approve the minutes as listed in the agenda.

I will second that.

All right, thank you.

We have a motion and a second.

Anybody want to discuss anything before we ask for a vote.

Very good.

Um with that I'll ask for um this we don't have a thing for this, we'll just ask for a yay-nay vote on this.

So um everybody uh in favor of approving the motion, please indicate by saying aye.

Aye.

All opposed, same sign.

Motion passes.

Minutes are approved.

Uh moving on to the next agenda item is hearing of cases and appeals.

First thing we have up is appeal twenty-five oh two.

Um and Joella, do you have a report for us or a presentation?

I do, Mr.

Chair, thank you.

So the first item on the agenda is an appeal of the zoning officer's decision um to deny an application for a variance for a property located at five eleven East Front Street.

Um, for an off-premise billboard sign.

The applicant is TLC properties, and the representative is Eric Sweet.

A little bit of background.

Um on October 24th, 2025, plowing planning staff did deny an application for a variance.

Staff had determined the proposal to convert an existing legal non-conforming static billboard sign to a digital sign in the commute in the commercial light industrial zone does not comply with section 1742 sixty and seventeen forty-two seventy of the Butte Silverbow Municipal Code.

As such, the proposal does not meet the criteria for approval of a variance.

Again, the proposal is for TLC properties.

It's appealing the zoning zoning officer's determination denying a variance to convert an existing legally non-conforming off-premise static billboard to a digital display sign within the CM zone.

And it's located at 511 East Front Street.

The applicant's proposal to convert the 230 square foot, 30 foot tall, two-pull static billboard to a digital display sign of the same size, and the applicant has stated that the proposal maintains the current nonconformity by retaining the sign's area and height.

The proposal includes replacing the existing two pole with a monopole and alters the billboard from a static sign to an illuminated sign.

Directly to the south of that is also CM.

This is a photo of the sign as it is currently existing.

The sign is located in the executive village parking lot, directly to the south of executive village on Front Street.

The staff's decision on October 24th of 2025, staff issued a denial for a variance based on the following.

Illumination is prohibited in the CM zone, allowing illumination would increase rather than reduce the signs nonconformity.

Nonconforming signs may be relocated, replaced, or altered, except towards compliance.

The proposal is to allow illumination and make structural changes from a two-pole to a monopole, which does not make the sign more conforming, which is in relation to section 174270 of Butte Silverbow Municipal Code.

Section 174260C permits billboards along federal aid primary highways or interstate highways in the C2 zone M1, M2 or RM2 only.

While the existing billboard predates zoning and is therefore legally nonconforming, the proposed changes are not a permitted use in this in the CM zone.

The sign is located approximately 214 feet from an R2 or a two-family residential zone that's located directly to the north, which fails to meet the 500-foot minimum separation required by section 174260C.

The Butte Silver Bow 2021 Comprehensive Plan reflects community input and the public's desire to limit off-site advertising, prohibiting billboards and flashing signage in the historic district, and to revise the existing ordinance to keep beauty and views of the surrounding mountains limiting billboards.

Approval of this request would conflict with the community's stated goals to minimize visual impacts, reduce light intrusion, and limit the proliferation and intensity of billboard signage.

The powers of the board, section 7114-1E of the MCA provides that a local government with self-governing powers, which includes Butte Silver Bow must comply with all state laws that require or regulate planning or zoning.

Montana Code annotated as well as Section 1754, Board of Adjustments of the Butte Silver Bow Municipal Code defines the power of the board as follows.

To hear and decide appeals where it is alleged there is an error in an or in any order requirement decision or determination made by the enforcing officer in the enforcement of this chapter of the title.

To hear and decide special exceptions to the terms of this title upon which such board is required to pass under such ordinance to authorize upon appeal in specific cases such as variants from the terms of this title as will not be contrary to public interest, where owing to special conditions, a literal enforcement of the provision of title will result in unnecessary hardship, and so that the spirit of this title shall be observed in substantial justice done.

And so that the spirit of this title shall be observed and substantial justice done.

In exercising the above-mentioned powers, such board may, in conformity with the provisions of this title, reverse or affirm wholly or partly or modify the order requirements decision or determination appealed from and may make such order requirements decision or determination as ought to be made and to that end shall have all the powers of the officers from the whom the appeal is taken.

It's everything.

Thank you, Joella.

Are there um any questions of the board for staff at this point?

Allah I have one.

Um it can be directed at Joella or Julia or whoever needs to answer this.

Um if this if a sign wanted to come in in this this zoned area or down the street, brand new one, would it outright be allowed or would it be denied?

What's what's the case?

I can answer that, Mr.

Chair.

Um in this instance in the CM zone.

Um are you asking if an off-premise sign similar to this?

Similar to this, if but you know, assuming there is not one in that spot, another spot, if one were to try to come in, what would be the ruling?

So in the CM zone, off-premise billboard signs are not allowed.

So it would be denied if it were to come across our desk as a new sign.

Okay.

All right, anybody else before I ask the applicant to come up?

Okay.

Is the applicant here or state your name and and let's hear your story.

Good evening, everybody.

My name is Eric Sweet with Lamar uh real estate manager for Lamar Advertising.

Hope everyone's recovering from the St.

Patrick's Day shenanigans around here this week.

Um appreciate your time this evening and uh working with us, everything staff has helped us with the application.

Um just want to kind of make a few notes.

I think that that um Joella covered it well, but um, you know, when we put in the application, we do a lot of research on the front end to make sure that this is a good position to put these billboards that make sense not only for us but for the town.

Um, you know, our kind of position as a company is to leave the town better at the end of the day than we found it.

So I think what we so what we found with this site was how do we take this location that is obviously an existing non-conforming structure, and to be able to make it more appealing aesthetically to the town.

Um, what we can do is we can reconstruct it by taking away some of the older um I-beam structures uh with two poles, and we're able to make that a single monopole.

So aesthetically that'll be much more pleasing at the end of the day.

Um sizing, configuration, things of that nature.

We take a look at what the height is currently.

We're not asking to increase the nonconformity in any manner to that respect.

Um by proposing the digital billboard, there's other things that are heavily regulated that we make sure that we follow to make sure that nothing's gonna turn into Las Vegas or any crazy bright, flashy sign.

The ordinance already does have provisions that um have a 5,000 knit brightness level, which is below the industry standard.

So as far as a brightness goes, um, it will be maintained at the brightness level that's prescribed in the uh local ordinance, as well as the manufacturer of the technology we use the actronics does have other technologies, the ability to manually go in and change the brightness, as well as br automatic brightness dimming technology.

Um I want I did share a video earlier as well with um kind of some updates and technology that show the um brightness cone, so like where it's so like where the visibility of the sign will be on the street, um, so that way it's not reflecting into and interfering with any residential zoning districts nearby.

Um also the site is very buffered, it's got the railroad to the south, um, the CM zoning, it's got the C2 zoning to the north before you even get to the residential districts.

Um like to show um I did provide if you have the the drone photos.

Do you have those by chance?

If not, that's okay.

Um so in relation to the lighting cone being a very downward direct lighting from the sign, um, the the zoning image that you had here with the relation to the residential district is perpendicular to the site.

I did take a drone photo.

I did try to from the residential building.

I did go up, and you have to get over the executive suites building right there before you can even see it.

That residential that's there is a single story residential.

It's also kind of up the hill from the site.

So with the downward lighting with the out of the viewing cone, you wouldn't receive the lighting factor that is the concern here for this.

If you if you don't mind if I you could pull up the zoning map of the site, please.

Yes, we were we were like right there.

So I just want to show kind of the you know the buffer with the other commercial zonings, the railroad.

Again, if that viewing cone was in there, it's not going to be reflecting into the R2 zoning.

Um additionally, I I did have to I did some research on other signage in Butte, um digital signage specifically, and I did actually find another digital sign in the same CM district, which did state that it was non-illuminated, so I don't know if they had a variance to get the sign or how they were able to put it up.

It's a steel furniture.

Um so they're able to do digital signage in the same CM zoning district that we're requesting for tonight.

That was the first location.

The second location was the uh Butte Silverbow Health Department, which is actually in a residential zoning district, which we would never be allowed or even propose to put something in a residential zoning district.

So I think that just to kind of show the nature of you know what we're asking for and compared to what has already been set in the precedence.

We're asking for something that's a lot that's very reasonable.

Um, and again, just to reinforce that we're gonna follow all of the brightness regulations.

It's gonna be a static eight-second message.

Um it's not gonna be anything animated.

I think actually the health department is running animated content on their display.

So what I mean by that is just the animations, the flipping, the twirling, the changing of text.

Ours is a static message.

Um like thank you everybody for our time tonight.

Again, appreciate your consideration in this and letting us do this.

We want to leave your community better than we found it.

Um look forward to working with you and do what we can to improve the aesthetics of our struct structure.

Thank you.

Thank you very much.

Does uh do any of the board members have questions of the applicant at this point?

Do you know uh the square footage of the two other examples you provided?

Uh the other two are on premise signage.

Um so one of them is a wall sign at steel furniture.

I don't know the square footage, maybe like a like a five by ten size.

It's a good size.

Um and then the other one at the health department is a pylon sign that's probably probably about the same size, probably about five by ten.

Significantly smaller then.

Well, they're different, it's a different type of sign, too.

Okay.

For on premise versus on premise.

Great.

Thank you.

Anyone else.

All right.

Um I think uh we'll move on to the public hearing portion of this and then um we'll have some discussion before we ask for a vote.

Thank you so much.

Thank you.

Um with that, I'll open the uh the public portion of this.

So if there's anybody that would like to voice an opinion in favor of uh this appeal, please come to the mic.

State your name and let us hear.

Absolutely.

Sorry, you have to be smarter than the microphone, so I apologize.

Um my name is Allie Carly.

I'm also with Lamar Advertising.

I just wanted to make a little public comment on some of the things that we do.

But first I'd like to thank you all so much for taking the time to hear us out this evening.

Um as Eric mentioned and and and spoke upon is leaving communities better than we found them.

We truly do believe in doing that, and we truly believe with working with nonprofits alike as much as possible.

And in beauty, we have some limited inventory at the moment, and so it's really hard for us to be able to donate space to nonprofits and help share and showcase their messages.

So this is a great way for us to be able to do that more often and more frequently and showcase um, I'll give you a couple of examples of things we've done in the past, but working with the missing and indigenous women's project.

Um I know if my child went missing, anybody's child in general goes missing.

We want to make sure and share that as quickly as possible.

And we do that with not only Amber alerts that we're automatically looped into with our digital system all across the state and country, um, but we would also do that locally.

We've worked with other missing persons' cases.

For example, um Ava Prater who went missing in Missoula.

We tried to get it up as quickly as possible.

We've done that in billings and other communities throughout the state.

So we would love to be able to help the mute community when something horrible and tragic would happen, such as that.

Um I think about the water issue you guys had a couple within the last year.

That's something where you guys could have utilized our channel there to communicate on and let the community know immediately.

Do not drink the water or do not do this.

If there's a weather emergency, heaven forbid there's a tornado, or I I know those don't happen often in Montana, but just the first that popped into my head.

Um but heaven forbid something like that happens.

We are also looped into the national emergency alert system for weather triggers to let the communities know not to drive on XYZ road.

Please avoid it.

There's been an emergency or whatever it may be.

So we do a lot of that.

Um like I said, a lot of nonprofits, and we we truly do want to work with the community, and we appreciate the time, effort, and energy that staff has put into this, um, although we disagree with their uh choice, but we we certainly appreciate how easy the process they made this for us as far as communicating.

So we thank you very much for that.

Um and we hope that you'll consider this variance like it like Eric mentioned.

It's just to take exactly what's there and just change it a little bit.

It won't be any bigger.

It actually might lower just slightly um depending upon how the build would come together.

So it might actually be lower, and it's would be a 10 by 21 square foot sign, um, which is you know, to the point of bringing up the off-premise or on-premise signs.

It's about double in the size, I understand that, but it wouldn't change the footprint at all of what's already in place.

So again, we appreciate your time.

If you have any questions, please let us know.

Thank you very much.

Does anybody else like to speak in favor of this?

All right, seeing none, anybody like to speak in opposition to this?

All right, seeing none, we'll close the public portion of this.

Um, and we'll open up more discussion.

Um Julia, I'll make a statement and please correct me if I'm wrong.

Uh what uh what is on the table today is we're looking at the uh appeal of your decision to deny them uh a variance, and if we were to overturn that, they would still have to come to us with a variance.

Chairman that is the correct assessment yes.

Okay.

So today we're not actually approving or disapproving the sign.

We're just uh giving them we would be giving them the opportunity to come to us as a with a variance.

Okay.

Um with that this is a little different than we usually see across here.

We don't usually see appeals.

Um so I I'm gonna I guess voice my opinion and then I'm gonna um go around I'd like I like to hear from everybody just a little bit you know where you stand on this or or what just because I think it it is important in this case.

Um my honest opinion is this is a a matter of whether or not we're conforming with the the rules that are existing.

It's not necessarily uh you know whether they're impacting the um the other neighbors or the the light would be impacting the residential area it's really whether or not this is this change is allowed within the rules um I personally am leaning towards upholding the uh planning bo planning department's decision but that's my decision I'd like to hear from everybody else.

Garrett would you have anything to say Mr.

Chair members of the board um I would agree with that I um I understand the rabbit hole and precedent for signage and billboards and butte but I don't think supporting this appeal would help that at all and support the um planning board's um decision for um with this so I would be in favor of um denying the appeal um so when um Joella was beginning her presentation I um in my brain I was thinking there's just too many variables that are non-conforming and so I was initially thinking um that it should be denied um the more he spoke and the great presentation that they provided um I started thinking butte is really good at um status quo and not moving forward and moving into the future and um and so it kind of just has me debating in my brain I guess about um the approval or denying and I know that there's a process and procedure that we need to follow and rules on the books that must be must be in play and uh so my brain is still swirling right now so I'm gonna let the rest of the board speak.

Thank you Heidi Shanna um thanks Chairman uh I I I tend to agree I think there are just uh a host of of reasons why it's out of ordinance with the rules um I also kind of generally think that a digital billboard is not in harmony with the historic district um I appreciate the applicant being here and providing a presentation um but you know butte has had at least one that I know of another digital billboard and the citizens were really up in arms about it and didn't like it in the historic district and they had to remove it.

So I just I I don't I really don't see how we can improve this question never used this button before um I'm kind of with Heidi here I'm I'm a fan of progress and and allowing butte to make changes and move forward I also hear you when you say it's not necessarily in line with the historic district I think perhaps if the sign was with the sign itself was within the limitations if it was meeting what was acceptable as for as a regular billboard um that would be one thing that is within compliance given the information regarding the light cast um how it's not necessarily going to be as abrasive as one might think as pressy given other digital signs yeah I'm still kind of I'm in the middle riding the fence unclear just to know Mike I appreciate uh the applicants and uh the um benefits that they state would bring uh be brought with if we were to overturn the appeal uh and I'm certainly I think those are all well worthwhile causes and certainly things that people uh having up to date information is an important thing.

Uh I'm certainly I think those are all well worthwhile causes and certainly things that people uh having up-to-date information is an important thing.

Our role as a board is to uh view these applicants or or appeals uh with an eye towards uh making sure they comply with the law in the letter of the law.

Um progress certainly is something like Sean was saying that uh does seem to lack, but that's not our role to enforce progress here.

Our role is to enforce the law as it's written right now and as it stands and is written.

Uh and the um proposal as it stands doesn't conform with the law, and I I'm airing on the side of deny or agreeing with the uh uh board.

The zoning department um just wanted to add a little point of clarification that I think this board um while trying to meet the letter of zoning and stay within the rules is certainly important.

I think we see issues that are in the gray area.

And our role is really to take a look at the rules and take a look at the proposal and see what's in the best interest of the community.

Because sometimes the rules you know, the rules are imperfect, right?

So I I sort of see that as our role.

Um again, I guess I just you know, I'm I'm in favor of progress, I'm in favor of improvements.

Um making things better, especially in uptown, but I just think it doesn't meet the rules and it doesn't meet the character and it doesn't meet the direction of where we want to take the historic district.

Thank you, Shannon.

Does anybody else have any more discussion or counter arguments to each other?

All right.

Um before I entertain a motion, uh, just so that we're clear going into this.

Um Julia, we we vote as a majority of the entire board, whether they're here or not.

So we have a passing would be four yay votes.

Is that correct?

Mr.

Chairman, um, I believe uh the statute requires four favorable votes regardless of of a quorum.

So it you we would need four in favor.

Okay.

So it's not just a simple minor majority in this case.

Correct.

Okay.

Of people here.

All right.

With that, uh would somebody like to make a make a motion either either way, however, they feel Mr.

Chairman, members of the board, I'd make a motion to deny appeal twenty-five-two.

Second motion.

Do we have a second?

I'll second that motion.

Motion is um is there any discussion before we ask you to vote?

All right.

Then please indicate your vote on the your paper.

And the motion the motion is to deny the r appealing.

All right, this being the backwards voting on this one.

Um so for the appeal 2502, there were four motion or four votes for five votes, excuse me, um, for the motion and one against the motion, meaning the motion the appeal is denied.

Now Julia, I'm unfamiliar with appeals.

Do they have an opportunity for anything after this?

Is it similar to the other things?

Mr.

Chairman, uh, I I cannot speak to that right now.

I would need to do some research as to whether they have recourse through district court.

Um, and I can have that information provided to the applicant tomorrow.

Thank you.

What uh what Julie is talking about is is a lot of times if we deny something, you have an opportunity in district court to appeal within 30 days.

Um she's gonna verify whether or not that works in this type of case in an appeal.

So moving on to variance 2600 five.

Do we have a staff report?

Yes, we do.

Um variants application 26-4, applicant ready s.

Frost.

The proposal, the applicant is seeking to vary from conditions outlined in the Butesilver Bownis municipal code 1748 30 and 1748 40 in order to build an addition to his residence located at 2000 Roberts Avenue.

The home is currently zone C2, making it a legal non-conforming use.

A little background.

Appeal 25-3.

The appeal was approved by the zoning board voting members to allow the applicant to apply for a variance.

A variance request was originally denied by the planning staff due to the fact that active construction of the proposal is taking place.

According to Montana State Law, the individual cannot vary from something that is already existing.

Since this time, the applicant has deconstructed the proposed edition in order to qualify for the variance and has met with the Butte Silverbow planning and building departments to discuss what items would need to be addressed on the qualifying variance application.

The surrounding character of the existing neighborhood is predominantly residential, with commercial uses located a block to the east along Harrison Avenue.

This place type primarily prioritizes single family dwellings and residential uses.

Um running over to pass that.

It would primarily be in this area where it would be built up.

There would be a this is the property line, this white area is the end of that concrete slab, and there would be a three-foot setback from that property line.

A variance must not be contrary to the public interest.

The intent of the zoning ordinance is to protect the public interest by preventing congestion on properties in an effort to promote safety, create uniformity in zoning districts, and prevent uses of land that may have a negative impact on surrounding property owners.

The proposed project would be built within a three-foot south side yard setback and exceed the residentially permitted 35% lock coverage.

The applicant has stated that the build will include a one-hour fire-rated wall to be in compliance with building code standards.

When it comes to lock coverage, the proposed addition would be built on top of an already existing elevated concrete basement.

Therefore, it will not be covering any additional pervious grounds.

The applicant has addressed additional concerns pertaining to stormwater runoff.

A flow system has been incorporated into its designs, which will direct water towards the drainage on Roberts Avenue or towards the east side of the applicant's property.

This will assist in preventing possible drainage issues from affecting the property owner located to the south.

Though it would appear the proposed addition could decrease the amount of air and light currently available, a reduction of two feet to the south side yard setback may be reasonable.

The project was originally presented to the zoning board of adjustment as an appeal, which was published in the newspaper and posted on site at the property.

No opposition from the community members was noted.

Literal enforcement of the provisions of this title would result in unnecessary hardship.

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

This quality must preclude the applicant's ability to place a structure on the property in compliance with the zoning ordinance.

The hardship may not result from a condition created by the applicant.

An elevated concrete basement is featured on the parcel in question and runs directly along the southernmost property line.

The residence was constructed in 1945 prior to both the implementation of the zoning ordinance and the effective date of the applicant's ownership of the property.

The applied zoning district must be taken into consideration.

The 2000 block of Roberts Avenue is zone C2, despite it only consisting of residential units.

Therefore, every dwelling is an existing legal non-conforming use, which could consequently discourage homeowners from investing in and adequately maintaining their properties.

A hardship is present.

The zoning designation of the applicant's property creates a barrier to sufficiently and effectively maintain and renovate his property.

The dwelling was constructed prior to the adoption of the ordinance and well before the applicant's ownership.

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

Zoning is intended to permit the reasonable use of private property while restricting practices which may infringe on the rights of adjacent landowners.

Public health, safety, and general welfare must be protected and weighed against the rights of the applicant to utilize the property in a way that may be suitable.

Lock coverage and setback requirements are an important factor in community development because they are intended to prevent overcrowding, maintain open space, protect the environment, and manage neighborhood aesthetic and cohesiveness.

In this case, the proposed addition would be built upon an existing elevated base basement.

Therefore, no additional pervious grounds will be covered as a result of the build.

Being that Butte Silverbow County has a unique history that predates the implementation of zoning, it is important to consider legal non-conforming uses and the proposed projects associated with them with an understanding for what may be deemed reasonable.

The variance maintains the spirit of the zoning ordinance without reasonable cause to prohibit varying from the regulations pertaining to non-conforming residential structures.

Denying this variance could be unfairly applying regulations to some property owners and not others within the same district.

Recommendations and recommended conditions of approval.

All applicable permits, including building permits, plumbing, and mechanical permits, shall be obtained prior to commencing building operations.

The applicant will be responsible for adequately demonstrating that the stormwater runoff will not negatively impact the neighboring property owner.

The project will be required to complete necessary building inspections as determined by the Butte Silver Bowl Building Department.

Any outdoor lighting must be consistent of a typical residential dwelling with no lighting, projecting or protruding onto the neighboring property.

In conclusion, the intent of zoning is to prevent incompatible land uses or activities from impacting the health and safety of adjacent uses.

The proposed development does not appear to be contrary to the public interest, and the parcel bears a hardship owning two conditions unique to the property.

The proposal will be required to obtain appropriate permits and meet all applicable building code standards.

Recommendation approve the variance application based on written findings of fact as described in the staff report with appropriate conditions.

Alternatively, the board may deny or continue public hearings on the application.

That is it.

Thank you.

Thank you, Aiden.

Good job trying to stay out of the sunlight there.

Surprised you're able to see.

You know the drill, state your name.

I do indeed.

Ready for us, 2000 Roberts Avenue, be at Montana, or be it America, I should say.

Um yeah, so there's storm every time it rains.

It rains in my basement now.

Um and uh it's just covered in mold in that section.

Um and then on top of that, the house needs quite a bit of of renovation on the outside and also on all of the electrical and plumbing in the house.

I mean, it's it's a little bit it gets a little bit scary sometimes.

Um, but the you know, one problem at a time, stopping water is number one and preventing fires is number two.

And I think with the approval of this application, I can do all of those, and it won't look the way that it does right now, which is not it does not look good.

It's not a good looking house.

The the shape of it's cool, but there's paint peeling everywhere, it's it's um and until I get rid of that water uh intrusion issue, um, which I think half of it goes inside of the basement and the other half goes on to the neighbor's property already, so I think there will be a lot less water going towards any foundations once this is uh complete.

Um and I saw some really cool I attached them in some of my details, but there's these slots that you when I go to uh pour back the sidewalks, because I have to demo them for a foundation wall.

Um I can put in these uh steel um, they're basically like gutters that are entrenched in the sidewalk.

Um so it'll just pour right under.

There will be no water on the sidewalk for anybody to slip on or anything, and it will be diverted away from any foundation towards the storm drain.

Um that's pretty exciting.

And um we do a lot of uh firewalls um at Markovich on many of our construction jobs.

I worked on the the VA, which was a significant amount of fire rated materials um installed, which was a really cool build, and then also on the apartments um on Metal Arc, uh which all had party walls, um, which were fire rater walls in between each of the um the uh proposed living areas for the the folks at those apartments.

Um so I'm well versed and I really appreciate uh being given the chance to um come back and seek this application and for all the help that the uh building department has given me.

I've learned so much.

Um it is way easier than I thought it was, and I wish I would have known most of the things I know now at the beginning of this um process because oh my gosh.

Anyways, um that concludes my uh statements.

Thank you.

Thank you.

Board have any questions of the applicant at this time.

Nope.

Alright, hearing none, we'll uh do the uh public hearing portion of this.

So is anybody uh want to speak in favor of this project?

Please come up to the mic and state your name and what you have to say.

All right.

Seeing none, anybody would like to speak in opposition to this project.

Again, seeing none, we'll close the uh public portion of this.

Um does the board have any discussion before we uh move on to a vote.

Um I'll share my two cents again.

Uh this seem to check all the boxes, meeting a hardship and everything to qualify for a variance.

Um seems very passionate about doing the right thing and taking care of the neighborhood.

So I uh I have no issue with this one personally.

Mr.

Chairman, members of the board.

I also don't have any issue.

I think the zoning district is very much residential in nature.

Um appreciate the applicants um you know persistence working with the um building department and everything to put this in front of us.

Um I would I would support the variance.

Yeah, Mr.

Chairman, um, I would just encourage the ac applicant to stay in contact with the planning department and the and the building officials and um maybe even public works on the sounds like you got to tear out the sidewalk and put it back.

Um I think you know they're they're there to help you, so just stay in contact with them.

But it sounds like with the um provisions, it's we're going in the right direction.

All right, anybody else?

Entertain a motion on this.

Uh chair, I would move to approve the variance.

So I'd second it.

So we have a motion and a second for variance 2605 to a motion is to approve.

Um any discussion before we vote.

All right.

Please indicate your preference on your voting sheet.

All right, for variants 265.

Um all votes are for the motion.

It's passed.

Congratulations.

Yep.

I really appreciate all of that.

Good luck.

All right, uh the next thing on the list is conditional use permit twenty-six oh one.

Joela.

Thank you, Mr.

Chairman.

Just get it ready.

Um this is for a special use permit for 117 Rocky Mountain Lane.

Um the application number is conditional use 26-1.

Special use permit application 26-1 is um the applicant is Brett Brent Choquette of Phoenix, Arizona.

Um, and his proposal is to locate an Airbnb in an existing residence per section 1738-180.

Special uses allowed of the Butte Silverbow Municipal Code.

Applicant is proposing to rent out a four-bedroom, two-bathroom residence for overnight stays and short-term rentals through online hosting program.

The zone is a single family residential.

Um to the north, you can see um there's an R3, which is where the big sky assisted living is to the east, you have Meadowlark apartments and Aspen Place apartments, and then just directly to the west, um you have the links uh duplex living.

The comprehensive plan plates type is the contemporary neighborhood place type.

It's generally single family residential housing, but it also provides the opportunity for higher density housing where appropriate, and includes resort scale development in rural parts of the county.

They're generally pedestrian-friendly and accessible for all modes of transportation.

Some future development in this place type is envisioned to include duplexes and triplexes, as well as infill development resembling that of traditional neighborhood development.

The area may also incorporate a mix of private and public amenities, including trailheads, greenways, greenway connectors, and active recreation, including ball fields, swimming pools, and tennis courts.

Currently, this area consists primarily of single family residential uses.

Again, the location and character is kind of a mix.

Some potential nuisances for short-term renters may be less concerned about creating excessive noise within the neighborhood.

Staff would suggest that the owner enforce rules through the online hosting programs that does not allow for parties.

And wayfinding.

Staff does believe that the address should be clearly posted and be visible from the street to mitigate the potential for guests to mistake a neighbor's house for a rental unit.

The applicant states that the house is posted with an address on the front of the resident, and street signs are posted at the intersections.

Some of the conditions of approval are standard for our short-term rentals.

The applicant shall be required to secure a state of Montana public accommodations license through the Butte Silverbow Health Department.

Any remodeling of the existing residents performed to accommodate the proposed business will be required to meet all applicable building code, health code as required by the Butte Silverbow Building Department and the 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 entrance must be clearly identified.

And the applicant shall be limited to the occupancy level as determined by the Butte Silverbow Building and Fire Departments.

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

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

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

And the applicant will be required to acquire a Butte Silver Boat business license for short-term rentals.

In conclusion, based on the above information, 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 a special use permit for the 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 request information.

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

Thank you.

Can you see any more, Jonah?

Um thank you.

Okay.

Um is the applicant here or a representative.

I'm Mark Choquette from Butte.

Uh this is my brother's property.

And I know that it's no pets, no parties or large gatherings, uh, 10 o'clock curfew.

Um I think the address is posted on the house, like it said.

I I need questions.

I'm just I'm standing in.

I don't know.

You kind of touched on it.

Uh there are conditions to the uh approval in there.

Were that uh would he be okay with those?

Yeah.

Okay.

All right.

Um any questions of the applicant?

One quick comment.

I live two houses down.

Definitely get the numbers up because the houses are not sequentially numbered.

Okay, they're out of order.

It's weird.

But uh yeah, definitely recommend that.

Okay.

Yeah.

I don't need my wall.

All right.

Um, thank you.

We'll go to the public portion of this.

And uh, so is anybody in the audience or here have a um want to voice an opinion for this uh project?

All right, seeing none.

Anybody want to voice an opinion in opposition to this project?

Again, seeing none.

We'll close the uh public portion of this.

Um does the board have any comments they'd like to make before we go for a vote.

It's kind of standard procedure for us with these.

We've set a strong precedence in approving these, so I don't know that that would change right now.

All right, with that, I'll entertain a motion.

Mr.

Chairman and members of the board, I uh would make a motion for approval.

I'll second it.

All right, motion and a second for conditional use permit twenty-six one.

Um please indicate your idea by answering.

All right, for conditional use permit twenty-six one.

Um all votes are for the motion, so it passes.

So you can tell him congratulations.

You're welcome.

All right, moving on to the second page.

Um, conditional use permit twenty-six seven.

Go ahead, Aidan.

Thank you.

Conditional use twenty-six dash Chevnis for thirteen oh one Kavenue.

Um representative Jean Bear proposals to locate a commercial restaurant in the CM commercial and light industrial zoning district.

The proposal would be to look would be located in a portion of a multi-unit complex located at 1301 Ka Avenue.

Staff findings.

The CM zone does not explicitly permit the use of commercial restaurants.

However, it is intended to accommodate commercial retail sales and service facilities.

The proposed sandwich shop will be owned and operated by the proprietors of Homestake Pub, which has been operating in Butte for over three years.

It will be offering quick service soups, salads, and sandwiches with both dine-in and takeout services.

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

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

Um use area.

It's in the CM zone, but it's also in close proximity to the C2, R4, R1, and OSD.

Here's an outside view of the property.

So the proposal would be located in one of the many units that this building has.

The location and character of the property and surrounding buildings.

The property is located in a CM zoning district.

However, R1, R4, R2, and OSD zoning districts are all in close proximity.

The multi-unit commercial building is operated by individual lease, including um there's a golf simulator business and a hair salon there.

Properties directly adjacent to the location include light industrial businesses and residential dwellings.

Similar uses, including the Front Street Market, Town Talk Bakery, and Annie's Cafe are near the proposed location as well.

All potential nuisances.

The proposed restaurant addition to the multi-unit complex may result in slightly increased traffic to the area during hours of operation.

However, if the occupancy is in conformance with the commercial building code, it should not considerably increase the traffic as to what is normal ex normally expected of a commercially zoned area.

Proposed signs and lighting.

The property features a freestanding sign visible to traffic along Ka Avenue.

The sign is intended to feature tenants of the multi-unit commercial building.

A portion of the sign will be updated to include the proposed sandwich top.

Any additional signage beyond that noted above is subject to review and approval by the planning department.

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

The comprehensive plan place type designation for this property is North Corridor.

This place type features streets serving as major transportation routes for people and goods.

It links urban neighborhoods to each other and provides relatively fast and easy access to the urban core view.

These areas are intended to promote convenient car access while also allowing for safe and appealing use by pedestrians.

Restaurants and retail services are listed as both existing and future characteristics of the North Corridor place type.

The use or zone classification sought would enhance and promote the comprehensive development of the immediate neighborhood and community.

The established character of the existing commercial area would not appear to be impacted by this proposal.

There would be no change to the aesthetic of the surrounding properties nor the surrounding landscape if this conditional use permit is approved.

It would rather promote development in the community and assist in achieving the goals outlined in the comprehensive plan.

Conditions of approval.

Any remodeling of the commercial building to accommodate the proposal will be required to meet all building health and fire department codes.

The property address must be visible and the entrance must be clearly identifiable.

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

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

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

And the applicants will be required to obtain a Butte Silver Bow Business License.

So based on the information provided in the applicant in the application, staff's analysis of the reviewed criteria and any public opinion as it relates to the criteria.

The more board must determine if the applicant has presented evidence to the satisfaction of the board that undue detriment will not result from the granting of this conditional use permit.

Um 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.

All requested information.

The board within sa within 60 days shall deny or approve the application.

That is it.

Thank you.

Thank you very much.

Um questions of uh staff before we ask the applicant to come up.

Okay.

Is the applicant here?

I assume.

All right.

State your name and let's hear what you're doing.

Hi everyone.

Thank you so much for taking the time.

Uh my name is Jean Baer, and my husband, Kyle and I own Homestake Pub, and we have a new idea.

So here we are.

Julie will probably yell at me.

But uh will you have beer cheese soup?

Um for you, yes.

I mean not for you.

For everyone, yes.

No, just having fun.

Um, thank you.

Yeah.

Anybody have any questions of the applicant other than my weird one?

Any other soup questions or sandwich questions?

I can handle all of those.

Anything else?

I might need aid and sell.

All right.

Um we'll uh move on to the public portion of this.

Is there anybody in the audience or present here who would like to um voice an opinion in favor of this?

All right.

Oh you can do it.

Hi, I'm uh Will Pizanti.

I own the building.

Um my uncle and I bought it in August, and we are renovating the building to support uh first-time entrepreneurs and try to make it affordable, but also keep the historic.

It's a the building was built in 1919, and uh it's technically it's not in the historic district, but I'd consider it a historic building, and uh we're just trying to add a bunch of upgrades, and um 100% of our rents are going back into the building.

Um we're not doing anything that's not already there, we're just making it better.

And uh yeah, it's been uh a neat um deal to do, and and uh the resilience of these first-time business owners has been pretty amazing.

And it's this building for sitting empty for 40 years.

Um it's kind of amazing how uh there's a ton of parking.

Um there's just a lot of really good things about the building that uh these first-time business owners can use.

Well, thank you very much.

That's a nice story.

Um, those uh in favor, do we have anybody who'd like to speak in opposition to this request?

All right, hearing none.

Um does uh staff have any to or not staff, the board members have any discussion on this.

Uh again, I'll I'll share my opinion.

It seems uh in my opinion, it goes the opposite of undue detriment and actually will enhance the area.

It seems uh seems like a cool opportunity and um not really relevant to the request, but really 1919 that was built.

That's impressive.

It looks great.

So cool.

Um anybody else have anything they want to share?

Um thank you, Mr.

Chairman.

Yeah, I I could not be more excited to see that building come to life a little bit, and I'm so grateful for every single small business owner and entrepreneur in this town that takes a chance and invests.

So and it also you know conforms to the comprehensive plan, and I just think it's it's just exactly the kind of thing that we should be doing.

Thank you, Shannon.

I always forget to mention that it conforms to the comp plan.

I appreciate that.

Anybody else have any comments?

I'd second what Shannon said, and just to add on that uh I'm excited to have a sandwich shop since uh we lost Paul Bunyan's.

If anybody knows what other one, I'd love to know about it.

We can start a campaign to bring the deluxe back.

So again, off topic, sorry, not being appropriate.

Um with that I'll entertain a motion.

Uh I'd make a motion to approve um conditional permit 2600 seven.

I'll second that motion.

All right, motion and a second.

I'm assuming no discussion.

Since everybody's already writing, go ahead and vote.

So for conditional use permit 2600 seven.

Um all favors are for the motion.

Congratulations, and I look forward to some good soup.

All right, our final thing on the agenda tonight is conditional use 26008.

Um, Joella, you're back up to get yourself blinded.

So working.

Okay.

Thank you, Mr.

Chairman, members of the board.

Um, this is another uh special use for uh an Airbnb.

It's located at 2907 Elizabeth Warren, conditional use 26-8.

The act the applicant is Jessica Holmes.

Um she resides at 3900 Saddle Rock Road, and again, the proposal is to locate a short-term rental in an existing residence per section 1738-180.

Special uses allowed in the Butte Silver Bow Municipal Code.

The property in question is legally addressed as 2907 Elizabeth Warren Avenue.

Here's an overview of the general area.

Um it is a double front property located, addressed primarily off of Elizabeth Warren Avenue.

Um, it also has a Burke Lane address on it.

Um we discovered when we went down there.

Um the surrounding neighborhood is an R1, and directly to the north is part of the country club golf course.

This is a view of the property from Elizabeth Warren, and then this one over here is a view from Burke Lane, which you can see here.

There's an address off of Burke Lane as well.

Again, just an overview of the general area.

Um, this is what the rear access would look like to the property off of Burke Lane.

Um, this one you can't see super well.

Um, and here's another access.

The location character of the property and the surrounding buildings.

The property is located in a single family residential zone.

The residence is a convention conventional two-bedroom, two-bathroom that was built in 1964.

The surrounding area consists primarily of single family residents with country club golf course situated to the north.

The lots in the neighborhood vary in size, ranging from about 12,600 square feet to 39,000 square feet in size.

The use does conform to objectives of the comprehensive plan and the purpose of the ordinance.

The comprehensive plan place type again is the contemporary neighborhood, which is essentially the same as the last presentation I did.

Um it's generally single-family residential housing, but provides the opportunity for higher density housing where appropriate.

Some future development in this place type is envisioned to include duplexes and triplexes as well as infill development resembling that of the traditional neighborhood.

The 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 change to the aesthetics of the surrounding area.

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

Proposed vehicular access, circulation, and parking.

Vehicle access to and from the property appears adequate from the proposed use.

Access to the front of the residence is provided via Elizabeth Warren Avenue with additional access available from Burke Lane at the rear of the property.

The site includes a two-car garage and paved driveway, which provide off-street parking, and additionally a U-shaped driveway accessed from Burke Lane allows further off-street parking.

The applicant didn't provide any specific details regarding handicap accessible parking or accessibility features.

So staff would recommend that the applicant clearly describe available parking configurations and any as any accessibility limitations within the rental listing to ensure prospective guests are adequately informed.

Conditions of approval, these are the same as our standard special use for Airbnbs.

The applicant shall be required to secure to secure a state of Montana public accommodation license.

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, respectively.

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 entrance must be clearly identified.

The applicant shall be limited to the occupancy levels as determined by the Butte Silverbow Building Code Department and the Butte Silver Bow fire marshal.

The occupancy levels shall be determined prior to the business license approval.

The applicants 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 review by the zoning board.

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

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.

That said undue detriment will not result from the granting of a special use permit for 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 the application and give reason or approve the application, and the zoning officer shall issue a zoning compliance permit.

Thank you.

Something to add or is that something else?

I'm sorry.

It's just information on an opponent that had sent an email, I believe the the board received that.

Yeah, I believe there is a letter in opposition, is that correct?

Yes.

So as long as you guys have it.

All right.

Well uh I'll mention that again in the uh public portion of this.

Um my only question of staff is two addresses.

Why, how, that's weird.

Or maybe it'll be of the applicant when they come up.

I don't know.

It might be an applicant question.

Um there are a lot of questionable things with addressing in the community.

Um I can say that after working on it for three years.

Um I'm not a hundred percent sure.

It it could have at one time been a duplex where you know I I really don't know.

Okay, and that's fine.

At this point, all right, seeing none.

Would the applicant like to come forward and tell your story?

Hello, I'm Jessica Holmes.

Um and my husband are both small business owners here in Butte.

Um, and we now I guess are gonna own a residential property.

Um, we purchased it back in September, and um clearly by the photos, it needs some love.

It's been vacant for about a year prior to us purchasing purchasing it, and prior to that, it was a pretty elderly couple that lived there.

So we've been doing our best to clean up the inside currently.

Um the outside still has a lot of love to be done to it, but since we purchased it in September, we're waiting for spring and summer to roll around before we get everything cleaned up.

Um, but it's been fun and we're looking forward to it.

All right, any idea on the address.

You know, the only thing that might be a possibility is it um the people who previously owned it.

We've kind of found out that he was a business owner, so possibly they used a second address on the Burke Lane side.

I I have no idea.

I that's just an assumption.

Um Burke Lane is also kind of a small cul-de-sac side street.

So I don't I'm I don't know.

I maybe that was after Elizabeth Warren was addressed I have no idea.

It's very confusing for everyone.

It's keeps them on their toes.

All right.

Thanks.

Um I assume.

Oh, yep, go ahead, please.

In doing some of the um analysis for this project, it just came to mind when she said that.

Um Butte Silver Bow has the property addressed as the Elizabeth Warren address, and we don't have an official address for the Burke Street.

Um, so most likely if you could use the Elizabeth Warren address, that would be the one that we would have on record with with our department.

Yeah, I I would suggest picking the right one.

It sounds like that's the right one to pick.

Okay.

Um any questions of the applicant.

All right, we'll go on to public uh public hearing.

Um is there anybody here that would like to speak in favor of this project?

Crickets out there, so that's none.

Um anybody like to speak in opposition.

I I will note for the record that we received uh one written opposition to this.

Um I assume all board members receive that, so we don't have to read it necessarily.

Okay.

Um in that case, so the public meeting is closed, or the public hearing portion of this is closed.

Any uh discussion before we move on, kinda my statement's the same as before.

So I'll just be like Stephen Coe.

It won't be about soup, but holy pine needles.

Go ahead.

Suggestion that maybe any wayfinding apps have the Elizabeth Warren apps address exclusively so that they don't get lost for accountability as well.

Yep.

Sounds reasonable.

All right, with uh with that uh we can open up for a motion.

Mr.

Chairman, members of the board, I would make a motion to approve conditional use twenty-six-eight with the conditions of approval as outlined.

I'd be happy to second that motion.

All right, we have a motion and a second uh in favor of conditional use twenty six zero eight.

Um please indicate your reference by voting.

For conditional use twenty six oh eight, all votes are in favor for this, so congratulations and good luck.

All right, the last thing on the agenda is to uh adjourn, so we're all done.