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Holtzen Subdivision Variance Request

March 26, 2024 by Editor

Legal Notice

Holtzen 6 Lot Major Subdivision Variance Request. The applicant is proposing a six lot commercial subdivision located approximately 6 miles south of Victor (Tax ID: 143300). The proposed subdivision fronts US Highway 93 N which is a Non-County-Operated Roadway. The proposed subdivision is served by two existing gravel approaches, both of which are documented in the Montana Department of Transportation (MDT) highway plans. The applicant is currently working with MDT on obtaining new approach permits for their project, which will require engineering designs, pavement and improvements. As part of the subdivision review process, the applicant is required to submit copies of the preliminary and final approach permits from MDT. The developer is asking for a variance from RCSR Chapter 12-3-G.2 which states the following: “G. Roadway Standards – Off-Site Improvements Non-County-Operated Roadways (Gravel or Paved). When a subdivision of any number of lots abuts a non-County-Operated roadway, the applicant shall prepare and submit for review and approval a Traffic Impact Analysis consistent with the County’s adopted standards in Appendix H.” The applicant believes RCSR Chapter 12-3-G.2 should not apply in this case because the regulation omits the scenario of a subdivision abutting a state-maintained highway and may be in conflict with state law. The subject property is located in Section 30, Township 07 North, Range 20 West, P.M.M., Ravalli County, Montana. The applicant is John Holtzen – Developer and the consultant is Ron Ewart – Planner of Professional Consultants, Inc. Information describing the proposal is available for inspection at the Planning Department, in the County Administrative Center, 215 S. 4th St., Suite F, Hamilton, MT 59840.  Written comments are encouraged to be submitted to the Planning Department prior to the below hearing, and will be forwarded to the Board of County Commissioners (BCC).        

The Board of County Commissioners (BCC) will conduct a Public Hearing to review the proposal on Thursday, April 11th, 2024 at 1:30 P.M. in the Commissioners’ Meeting Room (Third Floor) at the Administrative Center. The public may comment verbally, or in writing, at the meeting. Comments and information submitted at the public meeting/hearing will be considered in the decision on the subdivision. However, please note that only under select circumstances will new information be allowed into the record after the public hearing. 

BS 3-27, 4-3-24.

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