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Record of Proceedings

Zoning Board of Adjustment Meeting - September 17, 2026

Council of Commissioners & Committees — Thursday, September 17, 2026
BodyButte Silver Bow, Montana
SessionCouncil of Commissioners & Committees
DateThursday, September 17, 2026
StatusFILED
Video Record
0:00 / 47:10

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
1:18

Are you ready, Director Crane?

1:20

All right.

1:21

Let's uh let's call the zoning board of adjustment meeting for Thursday, September 17th to order.

1:28

Uh first thing is approval of the minutes that were sent out today.

1:32

Did everybody have a chance to look at them and are there any comments?

1:37

Additions.

1:39

All right, if not, I'll entertain a motion to accept them.

1:49

Mr.

1:49

Chairman, I'd make a motion to approve the July 2026 minutes.

1:56

I will second that motion.

1:59

All right, we have a motion to second.

2:00

Uh everybody indicate approval by saying aye.

2:05

Aye.

2:06

Same sign for not approval.

2:09

All right.

2:10

Motion passes.

2:11

Minutes are approved.

2:13

All right, moving on to new business.

2:15

Uh Director Crane, do we want to adjust the order of these at all or just Becky, is there any issue if we reorder?

2:27

Why don't we start with our two um uh short-term rentals?

2:33

We'll just get those taken care of here very quickly.

2:35

So items B and D.

2:36

Yeah.

2:37

All right.

2:38

We'll uh we'll get those because they should be relatively quick.

2:45

Sure.

3:05

All right, Mr.

3:05

Chairman.

3:06

This evening we have conditional use permit twenty-six seventeen, a short-term rental uh proposed for nineteen forty-eight Roberts Avenue.

3:15

Uh the applicant is Stephanie Dialba.

3:18

Uh is the applicant in the audience.

3:21

Thanks for being here.

3:22

Uh the proposal 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 Silverbow Municipal Code.

3:36

Uh here you'll see the vicinity zoning.

3:38

The property on Roberts Avenue is directly west of the Harrison Avenue and Cobin Street corridor.

3:45

Um the area is zone R1 and is adjacent to a commercial zone.

3:56

Uh you can see the aerial view of the vicinity demonstrating the density of the neighborhood and proximity to the commercial area on Harrison Avenue.

4:11

As mentioned, the property is located in an R1 single-family residential zone.

4:16

The residence is an old-style 1920 dwelling consisting of four bedrooms and one bathroom.

5:00

In addition, the property has vehicle access to and from the property that is adequate for the proposed use with access available at the front of the residence provided via Roberts Avenue with additional parking located at the rear of the parcel.

5:10

The property does have somewhat complex accessibility for individuals with mobility impairments and may be limited by the steps leading to both the primary and rear entrances.

5:33

So the applicant will be required to acquire a Butte Silver Boat business license and secure a State of Montana public accommodations license through the health department in order to open this short-term rental.

5:45

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

5:51

The property shall note accessibility challenges and also place a prohibition on parties in the listing.

5:57

The applicant shall be limited to the occupancy level determined by the building official and the fire marshal.

6:03

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

6:07

If any remodeling is to be performed to accommodate the proposed business, they shall meet all applicable building health fire and planning code requirements, and those approvals shall be secured prior to receiving final business license approval.

6:19

And finally, the applicants will be limited specifically to the business as stated and approved, and any future business expansions or changes will require further review by the zoning board of adjustment.

6:34

As with all short-term rentals, based on the information provided in the application, the staff's analysis and of the review criteria and any public input related to the criteria, you as the board must determine if the applicant has presented evidence to the satisfaction of the board that said undue detriment will not result from granting of a special use permit for this short-term rental.

6:55

Section 1738-160, special or conditional use permits, decisions of the board require the decision to be provided within 15 days of receipt of the application and all requested information.

7:06

And then the board shall within 60 days either desire deny the application and give reasons in denial or approve the application and issue a zoning compliance permit with conditions specified thereon.

7:21

Thank you, Director Crane, for keeping that short and sweet.

7:24

Appreciate it.

7:36

What's that?

7:37

Yeah.

7:38

As long as somebody comes up that's representing.

7:51

Isaiah Olson.

7:52

I'll get this button figured out in a second.

8:01

Yeah, so we've been in Butte uh for two years.

8:03

My wife has lived here previously.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████76%
Affordable Housing█████████16%
Procedural██4%
Environmental Protection██4%
Summary of Proceedings

Zoning Board of Adjustment Meeting - September 17, 2026

The Butte-Silver Bow Zoning Board of Adjustment met on September 17, 2026, to consider four agenda items: approval of minutes, two short-term rental conditional use permits, one variance for a commercial storage development, and one conditional use permit for a Class B manufactured home. All items were approved unanimously by the board.

Consent Calendar

  • Minutes Approval: The board unanimously approved the minutes from the July 2026 meeting.

Public Comments & Testimony

  • No members of the public offered testimony for or against any agenda item during the public hearing portions.

Discussion Items

  • Conditional Use Permit 26-17 (Short-Term Rental, 1948 Roberts Ave): Applicant Stephanie Dialba proposed a four-bedroom, one-bathroom short-term rental in an existing residence in the R1 zone. Staff presented conditions including business license, occupancy limits, and party prohibition. The applicant noted they have lived in Butte for two years and are improving the property. The board approved with conditions.
  • Conditional Use Permit 26-19 (Short-Term Rental, 40 North Lake Drive): Applicant Jeffrey Ferrari proposed a five-bedroom short-term rental with ample on-site parking (four garage spaces plus five driveway spaces). The property is adjacent to the Butte Country Club golf course. Ferrari noted past success with a similar rental on Skyway and that neighbors who initially opposed had become supportive. The board approved with conditions.
  • Variance 26-21 (Continental Drive Commercial Storage): Applicant Forrest J (representing the owner) requested a variance to allow a commercial storage unit development within 11 feet of the rear yard setback, instead of the required 22 feet. Staff identified unique hardships: a mapped floodplain, Northwestern Energy overhead transmission lines, and topographical constraints. The boundary shares an interstate easement, so no private property owners are impacted. The board approved the variance based on findings of hardship and no adverse public interest.
  • Conditional Use Permit 26-18 (Class B Manufactured Home in R3 Zone): Applicant Stephanie Marshall requested to place a new Class B single-wide manufactured home on a 6,000-square-foot lot in the R3 multifamily district. The neighborhood already contains similar manufactured homes. Marshall stated the home would allow her mother to retire affordably. The board approved, noting the home would improve the neighborhood.

Key Outcomes

  • Approval of Conditional Use Permit 26-17 (1948 Roberts Ave STR) with staff conditions. Vote: unanimous.
  • Approval of Conditional Use Permit 26-19 (40 North Lake Drive STR) with staff conditions. Vote: unanimous.
  • Approval of Variance 26-21 (Continental Drive) allowing 11-foot rear setback. Vote: unanimous.
  • Approval of Conditional Use Permit 26-18 (Class B manufactured home) with conditions on landscaping and code compliance. Vote: unanimous.
  • The board also welcomed new member Mr. Nichols, who was observing the meeting.

Meeting Transcript

Are you ready, Director Crane? All right. Let's uh let's call the zoning board of adjustment meeting for Thursday, September 17th to order. Uh first thing is approval of the minutes that were sent out today. Did everybody have a chance to look at them and are there any comments? Additions. All right, if not, I'll entertain a motion to accept them. Mr. Chairman, I'd make a motion to approve the July 2026 minutes. I will second that motion. All right, we have a motion to second. Uh everybody indicate approval by saying aye. Aye. Same sign for not approval. All right. Motion passes. Minutes are approved. All right, moving on to new business. Uh Director Crane, do we want to adjust the order of these at all or just Becky, is there any issue if we reorder? Why don't we start with our two um uh short-term rentals? We'll just get those taken care of here very quickly. So items B and D. Yeah. All right. We'll uh we'll get those because they should be relatively quick. Sure. All right, Mr. Chairman. This evening we have conditional use permit twenty-six seventeen, a short-term rental uh proposed for nineteen forty-eight Roberts Avenue. Uh the applicant is Stephanie Dialba. Uh is the applicant in the audience. Thanks for being here. Uh the proposal 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 Silverbow Municipal Code. Uh here you'll see the vicinity zoning. The property on Roberts Avenue is directly west of the Harrison Avenue and Cobin Street corridor. Um the area is zone R1 and is adjacent to a commercial zone. Uh you can see the aerial view of the vicinity demonstrating the density of the neighborhood and proximity to the commercial area on Harrison Avenue. As mentioned, the property is located in an R1 single-family residential zone. The residence is an old-style 1920 dwelling consisting of four bedrooms and one bathroom. In addition, the property has vehicle access to and from the property that is adequate for the proposed use with access available at the front of the residence provided via Roberts Avenue with additional parking located at the rear of the parcel. The property does have somewhat complex accessibility for individuals with mobility impairments and may be limited by the steps leading to both the primary and rear entrances. So the applicant will be required to acquire a Butte Silver Boat business license and secure a State of Montana public accommodations license through the health department in order to open this short-term rental. The property address must be visible, including past dark and the entrances must be clearly identified. The property shall note accessibility challenges and also place a prohibition on parties in the listing. The applicant shall be limited to the occupancy level determined by the building official and the fire marshal. And the occupancy level shall be determined prior to the business license approval. If any remodeling is to be performed to accommodate the proposed business, they shall meet all applicable building health fire and planning code requirements, and those approvals shall be secured prior to receiving final business license approval. And finally, the applicants will be limited specifically to the business as stated and approved, and any future business expansions or changes will require further review by the zoning board of adjustment. As with all short-term rentals, based on the information provided in the application, the staff's analysis and of the review criteria and any public input related to the criteria, you as the board must determine if the applicant has presented evidence to the satisfaction of the board that said undue detriment will not result from granting of a special use permit for this short-term rental. Section 1738-160, special or conditional use permits, decisions of the board require the decision to be provided within 15 days of receipt of the application and all requested information.

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