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.
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.