Board upholds zoning enforcement, denies appeal for 727 Blythe Avenue site-plan requirement

The Gallatin City Board of Zoning Appeals voted to approve the denial of an appeal to overturn a zoning enforcement that requires a change-of-use site plan for 727 Blythe Avenue.

The board considered GMVZA Resolution 2026-006, which addresses an administrative determination that the property is operating a commercial storage use without an approved site plan in accordance with Article 15, section 0.3 0.020 (change of use). Brad Hickman, staff planner, presented aerial and street-view images from 2013 through 2025 showing increasing vehicle storage on the lot and described a gravel surface, a 6-foot chain-link fence topped with barbed wire and approximately 20'1 trailers, trucks and cars visible in the February 2025 imagery. Hickman told the board staff's position on the resolution and walked members through the evidence the department used to recommend the board take the action set out in the resolution.

The zoning administrator told the board the enforcement action began after staff documented the change and sent a notice of zoning violation on July 16, 2025; the administrator said multiple meetings with owners and representatives over the following year failed to resolve compliance. The administrator said the code defines a discontinuation period of 30 months: if a prior use has been discontinued for that period, a change-of-use site plan is required. The administrator said, "I have the ability...to tell them you cannot operate today," and that staff were working with the property owner to seek compliance.

Applicant Chris Elson argued the city's planned Blythe Street widening and right-of-way acquisitions would substantially alter the property's frontage and access and that requiring a full engineered site plan now could force expenditures that might be rendered obsolete by the city project. Elson said the temporary construction easement for the roadway project could last roughly four years and asked for a "practical solution," not permanent immunity from conformity with the ordinance.

Board members and staff acknowledged the upcoming roadway project would affect frontage and construction needs but emphasized that statutory and code requirements for a site plan, dustless surfaces, coated fencing and removal of barbed wire remain in force. Multiple members recommended the applicant submit a change-of-use site plan and, if appropriate, request waivers or other relief at planning commission, where site-specific accommodations and variances are considered.

A motion to approve the denial of the appeal (thereby affirming the zoning administrator's enforcement) was made by a board member and passed in a recorded outcome of 3 yes, 2 no. The board indicated the practical next step is for the applicant to pursue the change-of-use site plan process with planning commission to address specific code items and potential waivers.

The board adjourned after the vote.