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Public works committee denies variance request for West Granite Street sidewalk; URA-funded project cited
Summary
A homeowner’s request to avoid removing and replacing asphalt after a sidewalk replacement at 403–405½ W. Granite St. was denied. Public Works staff said county standards require cutting back two feet to form a 12-inch curb reveal; the committee voted to deny and place communication 2025-248 on file.
The Silver Bow County Public Works Committee voted to deny and place on file communication number 2025-248 after hearing from a property owner who sought a variance allowing the county not to tear up and reform the asphalt apron in front of a newly replaced sidewalk at 403–405½ West Granite Street.
John Anderson, a property owner, described the sequence that led to the request: the contractor began work and applied for permits mid-project, and an inspector later told the contractor the work did not meet the county requirement to remove and replace two feet of asphalt adjacent to the new curb. Anderson said the asphalt does not appear damaged and asked the committee, “we're just wondering since there's no damage, is it possible to just say fine because it hasn't been damaged and, you know, it can't be damaged at this point?”
Mark Neary, Public Works staff, explained the county standard for the form and finish of a monolithic curb and sidewalk edge and why the two-foot cut is required for compaction and a smooth face. He described the specification calling for a 12-inch formed curb and explained that without cutting back the asphalt and forming the edge the finished face typically is not smooth and compaction cannot be achieved.
Committee members noted the sidewalk project was subsidized by the Urban Renewal Authority (URA) — 50 percent of the project cost — and that some URA reimbursement remains withheld. Commissioner Russ O'Leary emphasized the county's responsibility when public funds are used: “We have a responsibility to the citizens of this town that that fund these projects, to to make sure that they are done to the standard that we've set,” and said he had “a really hard time supporting any kind of variance at this time.”
Public Works staff said the contractor had not obtained a business license in Butte and that the permit and inspection process did not occur before the concrete was placed. The committee discussed options including pulling back two feet of asphalt to inspect the face for proper lift and compaction; staff said tearing up the asphalt is the sure way to verify compliance.
After discussion, a motion to deny the variance and place communication 2025-248 on file was made and seconded; the motion carried by voice vote.
