Caretaker’s Residence Revocation
In the November Planning & Zoning hearing, the commission revoked a Caretaker’s Residence CUP, on the grounds that use as a short term rental contradicted conditions of approval and did not constitute bona fide caretaking. This is the second similar instance of revocation in Bridger Canyon.
Materials and a recording of the hearing are here:
Switch to the “Past” tab. (See navigation screenshots below.)
Appeal and Interpretation of Use
On Jan. 11, the commission will consider a related question: are short term rentals (STRs) a permitted use for a primary residence. As you may recall, the 2021 zoning update omitted a section drafted by the advisory committee that would have provided an explicit classification for STRs, with some standards. That left STRs in a regulatory limbo: are they permitted, because they are an incidental use of a residence, as the appeal contents, or are they forbidden, because unlisted uses are excluded? The zoning provides a way to resolve these questions through an Interpretation of Use (see section 3.8.b. of the Admin regulation, https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/pages/adminreg_04_22.pdf ). That is essentially what will happen in the hearing, though it will be in the context of an appeal.
The county’s current opinion on this is clearly presented on its STR FAQ page. In short, unlisted uses are not permitted. In Bridger Canyon, short term rental uses are available only the Base Area, not the AE and RF districts that span the rest of the canyon:
STR Survey
Regardless of the outcome, we think it would be better for the zoning regulation to be explicit about STRs, so that permissible uses and distinctions from related classifications like Guest Ranches and Overnight Accommodations are clear. Therefore we’re interested in your opinion, not only for the pending matter, but also a future zoning amendment. Please give us your feedback in the following survey:
https://forms.gle/BK4xySf7iAWQh6sC6
The form has three fairly brief parts. Page 1 repeats some questions that we asked in 2016, when the zoning advisory committee originally drafted an STR standard. Page 2 considers some additional questions related to the recent and pending hearings. Page 3 seeks feedback on the current draft, which is now 5 years old.
We’ll share the survey more widely in a few days, but we’re giving email subscribers a first shot at it as you are most likely to have followed these issues over the long term. Please take a look soon, because we’re just over a week out from the hearing.
Update: see the subsequent post for more background on STRs.
Caretakers Residence and Guesthouse Extensions
The Jan. 11 hearing will consider two additional matters: extensions of a pair of Conditional Use Permits for a Guesthouse and Caretaker’s Residence. These classifications no longer exist except as nonconforming uses; they have been replaced by the Accessory Dwelling standard.
BCPOA considers these extensions to be a potentially troublesome precedent. Detailed testimony is here: BCPOA-Appert.final.231212.pdf
Hearing Materials
If you’d like to follow the hearing itself, the agenda is posted at:
Switch to the “Upcoming” tab. The Staff Report is available via the “Related Documents” link in the agenda. Direct links don’t work, so for convenience I’ve uploaded a copy here: 4.a_Lewis_Appeal_PZ_SR_Complete_1-11-24.pdf (45MB) – but for legal purposes you should consult the county site.
The Staff Report is a rather daunting document at 383 pages. However, you don’t need to read the whole thing unless you want the deep background. The key pieces are enforcement officer Megan Gibson’s report, pages 1-12, and the appeal brief, appellant exhibit 2, pages 16-24.
Public Comment
If you want to comment, you can always submit written testimony to Planning@gallatin.mt.gov – details and some advice under the Submitting Testimony heading here.
You can also comment at the hearing, in person or via Zoom.
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