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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Administration and Finance Item: Board of Adjustment Fee Waiver Request Date: November 20, 2009 Prepared by: Denise Alexander, OPG Initiated by: Denise Alexander, OPG Action Required: Consider waiving the fee for a variance application to the Board of Adjustment made by Stockyard Road Investments, represented by Mark Landkammer of DJ&A, P.C. Recommended Motion: I move the City Council waive the $428.00 fee for a variance application to the Board of Adjustment made by Stockyard Road Investments. Timeline: Referral to committee: November 20, 2009 Committee discussion: November 25, 2009 Public Hearing: N/A Background and Alternatives Explored: OPG, on behalf of Stockyard Road Investments represented by Mark Landkammer of DJ&A, P.C., is requesting the fee for a variance application to the Board of Adjustment be waived. The developer relied on an erroneous interpretation of a front yard setback exception in Title 19 to design two duplexes in the Ranch subdivision. The error was discovered when the building permit plans were submitted and OPG is not able to approve the design. The developer has been advised to request a variance from the required front yard setback for the units, and due to the reliance on the information provided by OPG, is requesting that the fee for the variance request is waived. OPG staff supports the waiver of this fee. Financial Implications: Negligible