HomeMy WebLinkAbout08-15-16 CC Mtg - A4. Montana Ave Extended Stay CUP16276 Staff Report for the 721 North Montana Avenue Extended Stay
Conditional Use Permit
Date: City Commission Public Hearing August 15, 2016
Project Description: A Conditional Use Permit (CUP) to allow two existing units on a
residential property to operate as a short-term rental (classified as “Extended Stay
Lodging”) in the R-2 Zoning District, which would permit the units to be rented for less
than 30 days at a time on property located at 721 North Montana Avenue, Bozeman, MT.
The CUP is required for the establishment of extended stay lodging in an R-2 zoning district
and is contained in Application 16276.
Project Location: 721 North Montana Avenue. The property is zoned R-2 (Residential
Two-Household, Medium Density District) and is legally described as IMES ADD. S06,
T02S, R06E, Block 41, Lot 1-3, Ac. 0.227, Plat C-41, City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with conditions and code provisions.
Recommended Motion:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application
No. 16276, known as the 721 North Montana Avenue Extended Stay Conditional Use Permit, to
allow two units on a residential property to be operated as extended stay lodging with conditions
and subject to all applicable code provisions.”
Report Date: August 4, 2016
Staff Contact: Rebecca Owens, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The Conditional Use Permit (CUP) is a request to allow two existing units on a residential
property to operate as short-term rentals (classified as “Extended Stay Lodging”) in the R-2
Zoning District. The property addressed as 721 North Montana Avenue covers three lots with
common ownership and includes two separate housing structures, 721 and 721.5 North Montana
Avenue. The CUP is required for the establishment of extended stay lodging in an R-2 zoning
district and would permit the units to be rented for less than 30 days at a time.
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Extended stay lodging is defined within the Section 38.42.1040, BMC, as “guest rooms intended
or designed to be used, or which are used, rented or hired out to be occupied, or which are
occupied for sleeping purposes for guests and contain kitchen facilities for food preparation,
including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an
individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented
or hired out for vacation homes.”
The property is comprised of 0.227-acres (9,900-square foot) across three lots located at the
northeast corner of E. Aspen Street and North Montana Avenue. It is located within the
Northeast Neighborhood Association Area, as well as within the northern bounds of the
Neighborhood Conservation Overlay District (NCOD). The subject acreage abuts a public alley
and the property owner’s primary residence, to the west. The proposed rental spaces would
occupy two units on the property, an existing single-residence cottage-style household and a
cabin structure. The cottage unit addressed as 721 North Montana Avenue is 1,430 square feet,
including a full basement and three bedrooms. The second structure is addressed as 721.5 North
Montana Avenue and is a 600-square foot, single bedroom cabin located at the center-rear of the
property. In addition, a detached 600-square foot garage is located at the rear of the lot.
This proposed use is reviewed against the CUP criteria of Section 38.19.110 as addressed
in Section 5 of this report. The Development Review Committee (DRC) voted unanimously at its
July 20, 2016 meeting to recommend approval of the CUP application with the conditions and
code provisions identified in this report.
Three public comments have been received, all in robust support of the application.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff or
the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
TABLE OF CONTENTS .......................................................................................................... 3
SECTION 1 - MAPS AND EXHIBITS.................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC .................... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
SECTION 5 - STAFF ANALYSIS......................................................................................... 11
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 11
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 20
Project Description............................................................................................................ 20
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 21
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 22
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAPS AND EXHIBITS
Figure 1: Site Photo – Property as seen from the north along E. Aspen Street
Figure 2: Site Photo – View of the corner lot as seen from the northeast along E. Aspen Street
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Figure 3: Site Photo – View of 721 N. Montana Avenue cottage as seen from the east
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Figure 4: Zoning Map
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Figure 5: Future Land Use Designation Map
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Figure 6: Land Use Map
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The maximum number of guests shall not exceed a combined eight guests per night for both
buildings.
3. There shall be no outdoor sleeping, campers or tents permitted on the property at any time.
4. The owner shall assure that the occupants and/or guests of the vacation rental do not create
unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions
of this Conditional Use Permit or state or local laws by notifying occupants of the rules
regarding this rental and responding when notified that occupants are violating any laws or
rules regarding their occupancy. It is not intended that the owner, local agent, or contact
person act as a peace officer or place himself or herself in harm’s way.
5. The owner or agent of the owner shall mail to the party signing any rental agreement or
reserving the property a copy of all the vacation home rental rules and regulations, including
the above conditions, within ten (10) days of reserving the property. Any rental agreement
shall include a written acknowledgment by the renters of compliance with said rules and
conditions. The owner or agent shall also prominently display all the rules and regulations
within the unit or on/adjacent to the interior of the front door.
This information shall also include the following:
a. The name of the property management company, agent, local contact person, or owner of
the property, and a telephone number at which that party may be reached on a 24-hour
basis.
b. The trash pick-up day and notification of all rules and regulations regarding trash
removal.
c. The rules, requirements or provisions for seasonal snow removal.
6. If not completed with the recent upgrade to the home, the water meter installation inside the
house must be brought to the current standard per City Water Inspection Requirements and
the City of Bozeman Design Standards and Specifications Policy. Specifically, a backflow
preventer must be installed to protect the public potable water supply. The applicant shall
contact the Backflow and Cross Connection Specialist with the City Water and Sewer
Division to inspect the water meter installation and report the inspection with this
application.
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7. A small sign must be provided that does not exceed eight square feet in area and which is
located a minimum of five feet from the property line either as a low-profile monument or
projecting sign on the front (eastern) portion of the property or as a wall sign on the 721
North Montana Avenue front porch, in a location clearly visible from the pedestrian right of
way. The sign must include the contact information of the management company or other
local contact information. A sign permit, not included with the subject application, is
required prior to commencement of lodging operations.
8. The subject property includes three individual lots with three existing buildings, two
residential structures and a garage, which cover portions of all three lots. The three lots share
common ownership. Per Item 20 of the staff analysis, for purposes of review of this CUP
application, the three lots were reviewed as a single site; any sale of an individual lot will
result in revocation of this CUP.
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF
THE BMC
A. Section 38.19.110.F, BMC states that the right to a Conditional Use Permit shall be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall constitute
restrictions running with the land, shall be binding upon the owner of the land, his successors
or assigns, shall be consented to in writing by the applicant prior to commencement of the
use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by
the property owner prior to the final site plan approval or commencement of the use. All of
the conditions and code provisions specifically stated under any conditional use listed in this
title shall apply and be adhered to by the owner of the land, successors or assigns.
B. Section 38.19.110.I, BMC describes the process for termination/revocation of a Conditional
Use Permit approval:
1. Conditional Use Permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A Conditional Use Permit will be considered as
terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site
for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is
granted;
c. The use or development of the site is not begun within the time limits of the final site
plan approval in 38.19.120.
2. A conditional use that has terminated may be reestablished on a site by either the review
and approval of a new Conditional Use Permit application, or a determination by the
Director of Community Development that the local circumstances and regulatory
requirements are essentially the same as at the time of the original approval. A denial of
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renewal by the Director of Community Development may not be appealed. If the Director
of Community Development determines that the Conditional Use Permit may be renewed
on a site, then any conditions of approval of the original Conditional Use Permit are also
renewed.
3. If activity begins for which a Conditional Use Permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the City may revoke the approval through the
procedures outlined in Section 38.34.160, BMC.
4. Section 38.19.120, BMC requires the applicant to submit a final plan no later than six
months after the date of approval of a preliminary plan.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 721 North Montana Avenue Extended Stay CUP
File: 16276
The Development Review Committee (DRC) considered the Conditional Use Permit (CUP) on
July 20, 2016, and completed the review with a recommendation of conditional approval on that
same date.
The City Commission is scheduled to hold a public hearing and review the application on August
15, 2016.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed CUP as conditioned is in compliance with this criterion. The Future Land Use
designation is “Residential” in the Bozeman Community Plan. This use is permitted within the
R-2 zoning district with the approval of a CUP.
Regarding the land use designation for the subject property, the proposed short-term rental use is
not long-term residential; however, it enables the adjacent long-term residential family and
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subject property owner to maintain home-based businesses and persist in Bozeman while
contributing to a residential area.
For more detailed information on the growth policy designation, please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site. The proposed uses of the site are consistent
with the allowed uses of the R-2 district. The proposed site layout conforms to the requirements
of the municipal code. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required, such as an application for a
home-based business license that will be reviewed by City planning, police, and fire departments
for compliance, and a Gallatin City-County Health Department public accommodation
inspection and certification. These steps will be addressed as appropriate in the future. In
addition, the project is generally conforming to the standards as presented and will fully comply
with identified conditions and code requirements.
4. Relationship of site plan elements to conditions both on and off the property
The existing primary structure located at the front of the property, 721 North Montana Avenue,
was constructed in 1948. The home was constructed in the middle of the 9,888-square foot
corner property, which is comprised of three lots in single ownership. The total original living
space of 1,035 square feet has been renovated to accommodate three bedrooms including two in
a finished basement, and is now 1,430 square feet. The existing second structure, 721.5 North
Montana Avenue, is located at the rear of the property and has one bedroom. Three-off street
parking spaces and several on-street parking spaces are available to the site, satisfying minimum
parking requirements.
The western portion (rear yard) of the subject property abuts a public alley and the property
owner’s primary residence, addressed as 724 N. Bozeman Avenue. The property located
immediately to the south of the subject property includes two long-term rental units and adequate
on- and off-street parking. The neighboring property and three-bedroom primary dwelling on the
subject property are separated by a fence and approximately 35 feet of landscaped yard area with
mature trees, providing privacy and otherwise minimizing impacts from activity on each site.
The R-2 zoned property abuts Public Land Institution (PLI) zoning to the north, across E. Aspen
Street, where the primary occupant is the Bozeman City Shops. Other zoning in the site vicinity
includes historic mixed use (HMU) one block to the east, R4 one block to the west, and R3 two
blocks to the southwest—the latter two allow extended stay lodging as a permitted use.
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5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The proposed site plan as conditioned is in compliance with minimum parking standards in the
Bozeman Municipal Code. Collectively, the property’s cottage and cabin units, respectively
addressed as 721 and 721.5 North Montana Avenue, have four bedrooms. Per Section 38.25.040,
BMC, and since the dwellings can be rented by different parties, 721 requires a minimum of
three parking spaces and 721.5 requires a minimum of 1.5 spaces. The two units are on a shared
parcel, such that the three off-street parking spaces, a garage and two driveway spaces in the rear
yard adjacent to 721.5 can serve as off-street parking for both dwellings. The remaining required
provision of two spaces, for a total of five (4.5) minimum spaces, is satisfied by the parcel’s
access to on-street parking. The corner property’s approximately 132 feet of frontage along East
Aspen Street and 75 feet along North Montana Avenue grants it room for six on-street spaces
adjacent to the units, such that the minimum of two on-street spaces as well as four additional
spaces above and beyond minimum requirements are available. Neighboring properties primarily
utilize off-street parking that includes the City Shop parking lot, residential drives and garages,
and an alley. Accordingly, no additional parking is required for the subject property.
The subject property’s proximity to a variety of zoning means that the neighborhood blocks
around Bozeman and Montana Avenues, and Cottonwood and Aspen Avenues, have a high-
density population character. Nearby dwellings have a balance of adequate parking and do not
experience known traffic concerns. Traffic levels related to the subject property may fluctuate
based on rentals. In addition, due to periods when the home is not rented, or occupied by the
owner, traffic will be minimized. The applicant anticipates a 50-75 percent annual occupancy
rate based on their desire to have time for continued improvements and lodging for family
members. Therefore, over the course of time and on average, traffic levels would be anticipated
to be comparable to similar residential homes. A traffic study was not required for this use, as the
surrounding streets and intersection have adequate capacity to support the conditional use.
6. Pedestrian and vehicular ingress and egress
Vehicle access is from East Aspen Street and is not proposed to be modified. The primary
pedestrian entrances for the lodging units are located on the eastern, front elevation of the larger
cottage structure, and from the north, off of East Aspen Street, for the rear dwelling. There is an
existing boulevard sidewalk along East Aspen Street and North Montana Avenue that ties into
the City’s sidewalk system. A public alley runs along the western boundary of the property.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
Mature landscaping is present on site, including trees in the boulevard and throughout the
property. In addition, a fence and approximately 35 feet of landscaped yard area lie between the
southern abutting property’s boundary and the subject buildings. The owner intends to provide
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continued clean up of and maintenance for the property. No changes to the existing landscaping
elements are proposed as part of this application.
8. Open space
Not applicable.
9. Building location and height
No physical alterations are proposed for the existing buildings. The building heights will remain
unchanged.
10. Setbacks
The residence complies with all minimum yard setbacks for the R-2 district. No physical
alterations are proposed for the existing buildings.
11. Lighting
No changes to existing lighting are proposed as part of this application, nor is additional lighting
proposed. Any exterior lighting not shown on the application plan materials that may be installed
later must be full cut-off per the zoning code.
12. Provisions for utilities, including efficient public services and facilities
The existing site structures are fully served by public and private utilities. No changes to the
sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed. The Engineering Department did not have
any concerns regarding drainage as part of this application.
14. Loading and unloading areas
Not applicable.
15. Grading
No changes to the site grading are proposed as part of this application.
16. Signage
Signage was not requested as part of this application but is required for installation on the subject
property prior to commencement of operations per Recommended Condition No. 7. Per Section
38.28.060.B.3.c, BMC, the proposed operation is a conditional residential type use and
accordingly, R-O rules apply to permitted signage so as to prevent visually obtrusive elements
which would detract from the character of the residentially zoned area. Requiring commercial
style R-O type signage in an R-2 zoned residential area is incongruent to, and incompatible with
the character of the project vicinity. Therefore, the recommended appropriate design and
placement for this use and location is a sign that does not exceed eight square feet in area and
which is located a minimum of five feet from the property line either as a low-profile monument
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or projecting sign on the front (eastern) portion of the property or as a wall sign on the 721 North
Montana Avenue front porch, in a location clearly visible from the pedestrian right of way.
17. Screening
No screening is specifically required with this application. There are mature trees located on the
boundaries of the property, including in the 35-foot grassed area between the property structures
and the abutting parcel to the south. No primary façade windows face toward abutting properties.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. No non-repair
modifications to the residence are being proposed as part of this application; therefore, overlay
district design guideline review is not required with this proposal.
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, three public comments have been received in response to the
noticing of the project. Any public comments received following this report will be forwarded to
the City Commission prior to the public hearing.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or
use of the property or cause the development to become nonconforming;
Or
The subject of reciprocal and perpetual easements or other agreements to which the City is
a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming.
The subject property includes three individual lots with three existing buildings, two residential
structures and a garage, which cover portions of all three lots. The three lots share common
ownership. All three lots have street frontage on North Montana Avenue and rear yard access to
a public alley. According to Section 38.18.110.F.2, BMC, all conditions of a granted conditional
use permit constitute restrictions that run with the approved land use, and the conditions are
bound to the owner of the land, successors or assigns. Per Recommended Condition No. 8, the
lots cannot be sold independently due to their size and existing developments, which were
established during prior historic building and zoning requirements. This recommended
requirement clarifies that an approved CUP for the requested use would be assured continuation
for both of the proposed rental units in the case of future changes in property ownership that are
in accordance with the condition.
21. Compliance with article 43 of chapter 38 of the Bozeman Municipal Code
Not applicable.
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22. Phasing of development
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the plan review criteria of Section 38.19.100, the review authority shall, in
approving a CUP, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity;
The two existing structures independently addressed as 721 and 721.5 North Montana Avenue
share a 0.227-acre (9,888-square foot) property comprised of three lots owned in common. The
property is significantly larger than the minimum lot size of 6,000 square feet for this R-2 zoned
property. Separate sale of the respective units cannot occur per Recommended Condition No. 8
and application review finding Item 20, through which the underlying lots cannot be sold
independently.
The existing dwelling addressed as 721 North Montana Avenue will serve as the larger, three-
bedroom rental unit. This cottage is situated at the front and center of the property with existing
landscaped yard, mature trees, and shrubs. It also has adequate setbacks from sidewalk
boulevards and streets on the west side along North Montana Avenue and on the north side along
East Aspen Street. The east facing front yard along North Montana Avenue is approximately 75
feet in length. The existing dwelling addressed as 721.5 North Montana Avenue will serve as the
smaller, one-bedroom rental unit. This cabin is significantly smaller than and subordinate to the
cottage. It is also situated to the rear of the cottage, toward the center of the lot along the
southern lot boundary, with little visibility from pedestrian or vehicle traffic on adjacent streets
due to the setback distance and mature landscaping vegetation.
The west-facing back yard abuts a public alley and the subject property owner’s primary
residence. The only other adjoining neighbor is a property with two long-term rental units
located approximately 35 feet to the south, as measured from the subject property’s cottage.
These dimensions demonstrate great separation between the existing home and the neighboring
properties.
The existing concrete driveway on the west side of the home accommodates parking for two
vehicles and leads to a freestanding single-car garage. The driveway can comfortably
accommodate four vehicles, two of which have been applied to the minimum parking
requirements detailed in the section above as Item 5.
Considering all this information, the site is adequate in size and topography to accommodate
such a use.
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2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
The required public noticing was executed for the project. Three public comments, all expressing
support of the subject application, have been received in response to the noticing at the time of this report.
A public alley abuts the subject property immediately to the west. In addition, the property
owners will be continuously present at their primary residence, which is located immediately to
the west of the subject property at 724 North Bozeman Avenue.
Two local streets, East Aspen Street and North Montana Avenue abut the property to the north
and east, such that the only abutting property with potentially adverse effects is located to the
south. This property is occupied by two long-term rentals, which has ample landscaping, yard
area, fencing and overall buffering from the subject property and proposed rental spaces.
While the subject property is zoned for R-2, it immediately abuts Public Land Institution (PLI)
zoning to the north, across E. Aspen Street, where the primary property is the Bozeman City
Shops. The subject property and its occupants have been impacted significantly through the years
by nearby activities, as attested to in the application narrative. Site vicinity impacts stem from
regular rescue helicopter landings, City Shop operations (heavy equipment and traffic noise, light
and air pollution), Interstate traffic, and the N. Rouse rail line crossing. The use of the subject
property as an extended stay lodging operation is not anticipated to produce noise beyond that of
full-time residential occupancy and or to increase the relative impacts of activities in the site
vicinity upon abutting property and the subject property itself.
The Staff response provided in Appendix C thus finds that the proposed extended stay operation
will have no material adverse effect upon abutting properties and that the application complies
with the Unified Development Code as conditioned.
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3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an orderly
and efficient manner.
The CUP review criteria for the proposed use have been evaluated in order to determine what
may constitute reasonable conditions for this specific application, to assure this use can be
operated harmoniously within this neighborhood setting, as well as to address any public health,
safety and welfare concerns.
Recommended Condition No. 2 is included to limit the number of overnight guests on the
property at any one time to eight, to limit the intensity of this commercial use on the property.
This number brings the occupancy in line with what would be allowed as a long term residential
property. While the extended stay lodging is a commercial use, it does not reach the intensity
requiring building code standards for hotels.
Recommended Condition No. 3 is included to require that occupants and/or guests of the
vacation rental do not create unreasonable disturbances so as not to impact adjacent residential
properties due to noise or similar disorderly conduct.
Recommended Condition No. 4 indicates that no outdoor sleeping, campers or tents are
permitted on the property at any time. Again, this condition is to limit potential impacts to
adjacent properties and to retain the general residential appearance of the property.
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Recommended Condition No. 5 is a fairly standard notification protocol for vacation rentals. It
ensures that future renters have been notified of the rules governing their stay, acknowledged
these rules, and identified contact persons. Additionally, it requires the posting of the rules
within the unit.
Recommended Condition No. 8 prohibits the three lots that comprise the subject property, and
which underlie the two proposed rental units, from being sold independently.
These conditions will help to assure the current property owners, future property owners, and
renters are aware of the CUP conditions and their obligations to minimize negative impacts to
the surrounding area.
F. In addition to all other conditions, the following general requirements apply to every
conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded as such with the county clerk and recorder's office by the property owner
prior to the issuance of any building permits, final plan approval or commencement of the
conditional use.
The necessary recording of documents is the final step for the CUP. Item A of the stated code
provisions applies to this issue. A document to be recorded will be provided by the Staff
following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Two-
Household, Medium Density District). The intent of the R-2 residential district is primarily “to
provide for one- and two-household residential development at urban densities within the city in
areas that present few or no development constraints, and for community facilities to serve such
development while respecting the residential quality and nature of the area.”
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. The Plan indicates that, “This category designates places where the
primary activity is urban density dwellings. Other uses which complement residences are also
acceptable such as parks, low intensity home based occupations, fire stations, churches, and
schools. High density residential areas should be established in close proximity to commercial
centers to facilitate the provision of services and employment opportunities to persons without
requiring the use of an automobile. Implementation of this category by residential zoning should
provide for and coordinate intensive residential uses in proximity to commercial centers. The
residential designation indicates that it is expected that development will occur within municipal
268
16276 Staff Report for 721 North Montana Avenue Extended Stay CUP Page 20 of 22
boundaries, which may require annexation prior to development. The dwelling unit density
expected within this classification varies between 6 and 32 dwellings per net acre. A higher
density may be considered in some locations and circumstances. A variety of housing types can
be blended to achieve the desired density. Large areas of single type housing are discouraged. In
limited instances the strong presence of constraints and natural features such as floodplains may
cause an area to be designated for development at a lower density than normally expected within
this category. All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation is
intended to provide the primary locations for additional housing within the planning area.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
The Conditional Use Permit (CUP) is a request to allow two existing units on a residential
property to operate as short-term rentals (classified as “Extended Stay Lodging”) in the R-2
Zoning District. The property addressed as 721 North Montana Avenue covers three lots with
common ownership and includes two separate housing structures, 721 and 721.5 North Montana
Avenue.
Project Background
The CUP is required for the establishment of extended stay lodging in an R-2 zoning district.
Extended stay lodging is defined within the Section 38.42.1040, BMC, as “guest rooms intended
or designed to be used, or which are used, rented or hired out to be occupied, or which are
occupied for sleeping purposes for guests and contain kitchen facilities for food preparation,
including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an
individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented
or hired out for vacation homes.”
The current property owners are 25-year residents of Bozeman who have owned the subject
property since 2013. The owners wish to continue improving the property and existing structures
to assure it is revived as an active, vibrant, and valuable benefit to the neighborhood and greater
community. The property is comprised of 0.227-acres (9,900-square foot) located at the
northeast corner of E. Aspen Street and North Montana Avenue and spans three adjacent lots that
share common ownership. The property is located within the Northeast Neighborhood
Association Area, as well as within the northern bounds of the Neighborhood Conservation
Overlay District (NCOD). The proposed rental spaces would occupy two units on property, an
existing single-residence cottage-style household and a cabin structure. In addition, a detached
600-square foot garage is located at the rear of the property.
269
16276 Staff Report for 721 North Montana Avenue Extended Stay CUP Page 21 of 22
The cottage unit addressed as 721 North Montana Avenue is 1,430 square feet, including a full
basement and three bedrooms. The unit is a single-level log home that is currently vacant and
requires extensive repair and remodeling, as the last major renovation was in 1985. The interior
living space is 1,430 square feet, including a full basement and three bedrooms. The applicant
plans to complete major improvements. Active investments in the 721 North Montana Avenue
cottage structure are identified in the project application and as follows, including all high-
efficiency fixtures where applicable: improvements to assure provision of two legal bedrooms
and one full bath in the basement, each with egress windows; upgraded furnace and ducting;
electrical rewiring; complete plumbing replacements; window replacements throughout;
plumbing retrofits throughout; new gas range and refrigerator; new primary doors with
insulation, and carbon monoxide and radon detectors. Following completion of these
improvements, the applicant intends to improve the overall landscaping and arbor care.
The second structure is addressed as 721.5 North Montana Avenue and is a 600-square foot,
single bedroom cabin located at the center-rear of the property. The cabin has been occupied as a
long-term rental and has also undergone extensive remodeling by the applicant that includes
replacement of the: floors; washer and dryer; sink; refrigerator; other appliances; and metal
roofing on the cabin’s garage. This one-bedroom unit is provided with drive access from E.
Aspen Street and two off-street parking spaces. The cabin includes its own washer/dryer unit.
Both structures will meet all current development standards for residential dwellings upon
completion of upgrades that are under active building permit review. Beyond necessary repairs,
no significant exterior modifications to the buildings or property are proposed with this
application, nor are any deviations or variances requested.
721 North Montana Avenue is a corner property that has over 200 feet of street frontage between
East Aspen Street and North Montana Avenue, providing for ample on-street parking in addition
to spaces provided off-street, as neighboring properties have adequate street frontage and on-site
parking as well.
This proposed use is reviewed against the CUP criteria of Section 38.19.110 as addressed
in Section 5 of this report. The Development Review Committee (DRC) voted unanimously at its
July 20, 2016 meeting to recommend approval of the CUP application with the conditions and
code provisions identified in this report.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to surrounding
property owners within 200 feet of the exterior boundaries of the property via USPS first class
mail and notice was posted on site. In addition, noticing was published twice as a legal ad in the
Bozeman Daily Chronicle, on July 26 and July 31, 2016, at least 15 and not more than 45 days
prior to the expected decision by the City Commission. The public hearing and Commission
consideration of this application is scheduled for the regular Commission meeting of August 15,
2016.
270
16276 Staff Report for 721 North Montana Avenue Extended Stay CUP Page 22 of 22
At the time of this report, three public comments have been received. All three letters were
strongly in support of the application, citing the property owner’s commitment to neighborhood
character and related investments in property improvements, the appropriateness of the site and
location to extended stay lodging, and overall positive impacts to the general vicinity.
No code enforcement complaints have been received by the City of Bozeman in regard to the
existing property and previous long-term rental uses. For parking complaints, citizens may file
a Parking Concern form. For complaints regarding code compliance related to building code
violations and tenant issues, the contact is Kevin Bailey, (406) 582-2380
or kbailey@bozeman.net. All other compliance queries, such as for noise, should be directed to
the Police Department via Mark Carpenter, (406) 582-2037 or mcarpenter@bozeman.net.
APPENDIX D – OWNER INFORMATION AND REVIEWING
STAFF
Owner/Applicant/Representative: Reno Walsh, 724 N. Bozeman Ave., Bozeman, MT 59715
Report By: Rebecca S. Owens, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
Letters of Public Comment
271
Scanned by CamScanner272
Scanned by CamScanner273
Scanned by CamScanner274
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
To whom it may concern,
This narrative outlines why the City of Bozeman should approve a permanent Conditional Use Permit
allowing 721 N. Montana Ave. to be operated as a shortterm vacation rental business in Bozeman’s
R2 zone.
A shortterm rental home on Bozeman’s North Side will benefit Bozeman. Improvements made to the
property will increase the property value and overall experience for those who live in the neighborhood.
Visitors will have the opportunity to enjoy Bozeman’s iconic historic North Side while staying in a unique
vacation rental that is within walking distance of many of Bozeman’s other small businesses. And, there
will be no negative impact on the surrounding community.
721 N. Montana Ave. is located on the edge of or very near several planning zone’s that would make
this application unnecessary. 721 N. Montana is on the northern edge of the city’s R2 zoning.
Bozeman’s City Shop, which is zoned as a Public Land Institution (PLI) is directly across the street ti
the north. The City Shop is a busy place. Throughout the day and night there are employees, trucks,
plows, street sweepers, and other vehicles that travel and work in the area. As I write this I smell hot
tar, I hear a generator and I hear the sounds of a large truck or tractor signaling it is traveling in reverse.
The noise, air and light pollution the City Shop provides for our R2 neighborhood just across the street
to the south most certainly outweighs any noise, air or light pollution a short term vacation rental across
the street might offer.
Just north of the City Shop, across E Tamarack Street, is Bozeman’s Search and Rescue. Today a
helicopter has landed and takenoff four or more times. This helipad is approximately 500 feet from 721
N. Montana as well as my primary residence.
721 N. Montana is about a quartermile from the intersection of Rouse Ave. and the Rail Line that
passes through Bozeman. Thirteen or more trains carrying Crude Oil and uncovered Coal Cars pass
through this intersection each day. This is not a Safe Rail Crossing which means trains blow their
whistle five times before crossing Rouse Ave. A Safe Rail Crossing would have a total of four gates
and a separate walk/bike way for pedestrians. Safe Rail Crossing are proven to save lives and greatly
reduce noise pollution. The point here is that this is not necessarily a quiet neighborhood. If there is a
potential for more noise coming from a shortterm rental verses a longterm rental that difference is
probably irrelevent considering the noise pollution we hear each day coming from the City Shop,
Search & Rescue, trains and the interstate, which is also about a quartermile from 721 N. Montana.
721 N. Montana Ave. is onehalf block, approximately 147 feet, to the east from Bozeman’s R4 zoning.
A homeowner in this zone do not need to invest $1470 to apply for a Conditional Use Permit to start a
small business like a shortterm vacation rental.
721 N. Montana is one block to the west of Historic Mixed Use Zoning (HMU). Here again, a
homeowner in this zone do not need to invest $1470 to apply for a Conditional Use Permit to start a
small business like a shortterm vacation rental.
CUP 1 275
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
The 721 N. Montana lot has three buildings on it. A singlecar garage, the 1430 square foot singlefloor
with fullbasement cabin recognized as 721 N. Montana Ave., and a smaller 600 square foot cabin
recognized as 721.5 N. Montana Ave.
721.5 N. Montana Ave. is a one bedroom pet friendly longterm cottage rental with washer, dryer, a
garage for storage and offstreet parking. 721.5 N. Montana is just this type of urban infill that Bozeman
is currently considering as a long term solution to Bozeman’s affordable housing concerns.
CUP 2 276
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Reno and Heather Walsh purchased the 721 N. Montana Ave Lot in June of 2013. Since that time we
have added new floors, cabinets, washer & dryer, sink, refrigerator, exterior door, WiFi, appliances and
some furniture to the 721.5 longterm rental cottage. They replaced the decaying cedar shingled roof on
the properties 600 square foot garage with a metal roof. They have made and are currently making
major improvements to the 721 N. Montana Ave. These improvements include but are not limited to:
adding two legal bedrooms and one full bath to the basement, each with a 48”x48” egress window;
rebuilding the stairwell to meet safety codes for rise, run and overall height; replacing a very old furnace
with a new high efficiency furnace and new ducting; replacing 90% the wiring; replacing all of the
plumbing; installing new energy efficient windows throughout; replacing all plumbing outlets with new
water efficient fixtures; installing a new energy efficient gas range with full hood; installing a new energy
efficient refrigerator; energy efficient front and back doors; fire, radon and carbon monoxide
detectors;… and eventually improving the overall grounds with landscaping and arbor care.
The investments the Walshes are making represent a commitment to improving the value of the overall
property which benefits the neighborhood and proves our dedication to improving efficiencies that will
help save water and energy for the Gallatin Valley. The investments also represent our dedication to
offering a high quality experience for Bozeman visitors who choose to stay at the proposed shortterm
rental.
Reno and Heather Walsh own and live at 724 N. Bozeman Ave which is next door to 721 N. Montana
Ave. Reno works fulltime from home as a sales manager for a Montana based travel and event
company. Reno has guided tours around the globe and worked in the tourism industry for the past 20
years. He has a strong understanding of the hospitality industry. Reno has called the Bozeman area
home for almost 25 years.
CUP 3 277
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Heather is a registered nurse who works fulltime in the operating room at Bozeman Deaconess.
Heather was born in Montana, has two degrees from MSU and has lived in Bozeman for almost 25
years.
Reno Walsh has owned and successfully operated a longterm rental property in Big Sky, Montana for
sixteen years. We are hoping to sell the Big Sky property to cover the investments we are making in
721 N. Montana Ave. soon. Reno has successfully managed 721 N. Montana Ave and 721.5 N.
Montana Ave as long term rentals for the past two years.
Heather and Reno plan to meet with all guests, to manage the property on a daily basis, and
immediately address any issues that might arise. Their somewhat flexible schedules; the fact the Reno
works nextdoor to 721 N. Montana Ave. will allow them to do so.
Parking will not be an issue for those who stay at the threebedroom 721 N. Montana Ave vacation
rental or for the residents who live nearby. There is 60 feet of parking on the north side of the property
on the south side of E. Aspen. There is practically an entire block of parking on the north side of E.
Aspen. There is 75 feet of parking on the east side of the property on the west side of N. Montana. This
space will easily accommodate three or more vehicles.
The 721 N. Montana Ave lot is on a corner. This means there are no neighbors directly to the north who
require parking. Bozeman’s City Shop is across the E Aspen street to the north. Some city employees
do park on the north side of E. Aspen. If parking were to ever become and issue in this part of town, city
employees could easily park to the north of the City shop either on Tamarack or the Gallatin
Fairgrounds Parking Lot offers ample parking.
721.5 N. Montana Ave, the longterm cottage rental that is on the same lot as 721 N. Montana Ave, has
offstreet parking with space two vehicles.
The property to the west of 721 N. Montana Ave is the applicant’s, the Walshes, primary residence.
They also have off street parking for two cars and a two car garage.
The property to the south of 721 N. Montana Ave has two longterm rental units on it. The small rental
cottage on the west end of the property has off street parking via its own drive in the alley between N.
Montana and N. Bozeman Avenues. The rental unit on the east end of the property has 50 feet of
parking on N. Montana Ave. Rarely is there more than one car parked on within this 50 feet.
The property across the street from 721 N. Montana Ave to the east is also a corner lot that has ample
space for parking both on N. Montana Ave. and E. Aspen.
CUP 4 278
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
CUP 5 279
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
CUP 6 280
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
There is a fence between these two properties. It is approximately 35 feet of yard between the property
boundary and the side of 721 N. Montana. The yard between these two properties is planted with
natural prairie grasses, an apple tree, a large Maple and several other trees. Guests will have no
reason to spend time on this side of the building which should help keep any potential noise pollution to
a minimum.
CUP 7 281
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Guests will have the option to park on E. Aspen and enter the property via the back entrance.
CUP 8 282
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Layout of the interior
The property has a main floor and a full basement.
Main Floor:
CUP 9 283
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Basement:
CUP 10 284
Project: 721 N. Montana CUP
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
As the City of Bozeman knows, there are many short term rentals within the city’s jurisdiction that have
not applied for or obtained a permit or obtained a business license for the small business. The Walshes
are trying to to the right thing by applying for this Conditional Use Permit.
The $1470.00 CUP application fee and the somewhat laborious application process are probably a big
part of the reason why most people who do operate short term rentals in the city do not apply for or
obtain a permit. The Walshes understand and appreciate the reasons for paying taxes, special
assessments and application fees.
The Walshes would be grateful to have the opportunity to share their passion for the region and all it
has to offer as the owners and hosts of a Cabin on Montana at 721 N. Montana Ave. They hope the
City of Bozeman will approve this application and offer a permanent Conditional Use Permit allowing
the 721 N. Montana property to be a shortterm vacation rental business.
Thank you,
Reno & Heather Walsh
6/22/16
CUP 11 285
286
287
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
N1 1 288
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Addresses and Parcel Numbers of neighbors within 200’ of the property
One property to the south on the west side of N. Montana Ave:
Property/Parcel TaxID: RGH5808
ZELL WILLIAM A & MARGOT
PO BOX 1552
BOZEMAN, MT 597711552
Two properties to the south on the west side of N. Montana Ave:
Property/Parcel TaxID: RGH5763
DRYSDALE FAMILY LLC
511 PERKINS PL
BOZEMAN, MT 597153738
Three & Four properties to the south on the west side of N. Montana Ave:
Property/Parcel TaxID: RGH23208
Property/Parcel TaxID: RGH4520
HUNTER THOMAS S
705 N MONTANA AVE APT B
BOZEMAN, MT 597152989
Five properties to the south on the west side of N. Montana Ave:
Property/Parcel TaxID: RGH3182
ALSENTZER GERALD & MARY LOU
701 N MONTANA AVE
BOZEMAN, MT 597152920
One property to the east on east side of N. Bozeman Ave:
Property/Parcel TaxID: RGH2747
OJALA RICHARD J & NANCY K & HEATHER K
724 N BOZEMAN AVE
BOZEMAN, MT 597152953
One property to the southeast on east side of N. Bozeman Ave:
Property/Parcel TaxID: RGH3544
WALSH KATHLEEN F
SWANSON JOHN J
718 N BOZEMAN AVE
BOZEMAN, MT 597152953
Two & three properties to the southeast on east side of N. Bozeman Ave:
Property/Parcel TaxID: RGH5795
DVS714 LLC UNDIV 50% INT &
SHYNE N A UNDIV 50% INT
PO BOX 1594
BOZEMAN, MT 597711594
N1 2 289
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Four properties to the southeast on east side of N. Bozeman Ave:
Property/Parcel TaxID: RGH5080
GYR PHILIP
PO BOX 1741
JACKSON, WY 830011741
One property to the north on north side of Aspen St:
Property/Parcel TaxID: RHH23433
City of Bozeman
PO BOX 1230
BOZEMAN, MT 597711230
Two properties to the northeast on the north side of Aspen St:
Property/Parcel TaxID: RGH1715
WSYS MONTANA LLC
C/O LIENBASE
200 S PARK RD STE 425
HOLLYWOOD, FL 330218359
*This property may be farther than 200’ from subject property
One property to the east on east side of N. Montana Ave:
Property/Parcel TaxID: RGH3195
GABOR ALLAN D
431 N 7TH AVE
WAUSAU, WI 544014369
One property to the southeast on the east side of N. Montana Ave:
Property/Parcel TaxID: RGH3964
KVASNICK MICHAEL
720 N MONTANA AVE
BOZEMAN, MT 597152921
Two properties to the southeast on the east side of N. Montana Ave:
Property/Parcel TaxID: RGH5505
MACDONALD KAREN CLUTTER
716 N MONTANA AVE
BOZEMAN, MT 597152921
Three properties to the southeast on the east side of N. Montana Ave:
Property/Parcel TaxID: RGH1976
VAUGHT RICK L & DIANNE
712 N MONTANA AVE
BOZEMAN, MT 597152921
Four properties to the southeast on the east side of N. Montana Ave:
Property/Parcel TaxID: RGH54840
SMITH CURTIS S & SHANDA L
710 N MONTANA AVE
BOZEMAN, MT 597152921
N1 3 290
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
Fifth property to the southeast on the east side of N. Montana Ave:
Property/Parcel TaxID: RGH3403
SMITH CURTIS S & SHANDA L
702 N MONTANA AVE
BOZEMAN, MT 597152921
Maps showing property ownership
Subject property is on the corner of
N. Montana Ave and Aspen St.
listed here as Reno Walsh / Earl M
King
N1 4 291
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
N1 5 292
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
N1 6 293
721 N. Montana Ave. Bozeman, MT 59715 Property/Parcel TaxID: RGH2329
Geo Code: 06079906313130000 Subdivision: (IME) Imes Add Lot: 1 3 Block: 41
TRS: T02 S, R06 E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41,
Lot 1 3, ACRES 0.227, PLAT C41 Owner: Reno Walsh 4065805919 renowalsh@gmail.com
N1 7 294
From:Katie Walsh
To:Rebecca Owens
Subject:721 N Montana dwelling
Date:Wednesday, July 20, 2016 3:17:28 PM
Hi Rebecca,
My husband and I live within 200 feet of the proposed extended stay property the Walshes are seeking a
conditional use permit for.
We believe the city should grant the Walshes a conditional use permit that will allow them to manage their 721 N.
Montana property as an extended stay property. The Walshes are a responsible friendly family that have done
nothing but make improvements to their properties, reach out to their neighbors as friends and improve upon the
neighborhood in general since they arrived on the scene. We have no reason to believe an extended stay property
owned and managed by the Walshes will have a negative impact on our community. On the contrary, considering
the improvements they are making to the property in question and our personal experience with them as
neighbors, we expect to only to see a beneficial impact.
Katie Walsh (718 N. Bozeman)
295
From:Tom Hunter
To:Rebecca Owens
Cc:renowalsh@gmail.com
Subject:721 N Montana Conditional Use Permit - Reno Walsh
Date:Thursday, July 21, 2016 10:28:06 AM
Rebecca,
My name is Thomas Hunter and I own 2 triplex rental properties located at 705 and 711 N
Montana Street in Bozeman. As you are aware I am in close proximity and live within 200 feet
of the proposed extended stay property Reno Walsh is seeking a conditional use permit for.
From my personal standpoint I believe the city should grant the Walsh family the requested
conditional use permit for 721 N. Montana Ave. Reno and his family are responsible members
of the neighborhood and since moving to the area have made vast improvements to their
properties. As a property owner conducting rental business in the heavily populated rental
market of our neighborhood I have no reason to believe an extended stay property owned
and managed by the Walsh family would have a negative impact on our community. The
improvements they have made to the property in question have made a positive impact to the
quality of homes that the city itself has declared as part of the “blighted” area of Bozeman.
During the height of tourism season in our community there is often a shortage of affordable
lodging choices within the city. Conditional use permits like the the one in discussion help
solve this problem, while providing a unique and more intimate experience for the user. Being
close to downtown and the city core the user will be spending money at our local restaurants
and businesses providing a beneficial impact to our community. Please do not hesitate to
contact me if you would like to discuss the matter in more detail.
Regards
Thomas S Hunter
406-599-1755
296
From:Guy Alsentzer
To:Rebecca Owens
Cc:renowalsh@gmail.com
Subject:Ltr Support CUP application - 721 N Montana Ave
Date:Thursday, July 21, 2016 1:29:27 PM
Attachments:Ltr.WalshCUP.pdf
Dear Ms. Owens -
Please accept the attached letter in support of the Walsh family’s recent application for a
conditional use permit for their 721 N Montana Ave property.
Respectfully submitted,GA
G. Alsentzer, Esq.
Lawyer | Consultant | StrategistPO Box 128
Bozeman, MT 59771GuyAlsentzer@gmail.com
406.570.2202
297
Submitted
via
electronic
mail
to
ROwens@bozeman.net
July
20,
2016
Rebecca
Owens
Bozeman
Planning
Dept.
Re:
721
N.
Montana
Ave
Application
for
a
Conditional
Use
Permit
Dear
Ms.
Owens,
My
name
is
G.
Alsentzer
and
I
am
the
property
owner
at
701
N.
Montana
Ave,
a
residence
approximately
200’
to
the
south
of
721
N
Montana
Ave
property.
I
submit
this
letter
to
provide
local
resident
opinion
on
the
proposed
conditional
use
permit
for
the
Walsh
property
at
the
north
end
of
the
block.
I
support
the
Walsh’s
application
for
a
special
use
permit
to
allow
extended
stays
at
their
property
for
the
following
reasons.
Bozeman
code
allows
a
conditional
use
permit
to
be
granted
if
the
following
conditions
are
met.
As
discussed
below,
these
standards
are
met
and,
furthermore,
authorizing
the
Walsh’s
to
use
their
721
N.
Montana
property
as
an
extended
stay
residence
will
benefit
the
neighborhood.
• 721
N
Montana
Ave
is
more
than
adequate
in
terms
of
lot
size
and
character
to
accommodate
an
extended-‐stay
residence.
In
fact,
the
Walsh’s
have
invested
significant
time,
energy,
and
money
into
improving
the
property
for
the
purpose
of
using
it
as
an
extended
stay
residence.
The
improvements
dramatically
benefit
the
neighborhood!
• While
I
am
not
an
abutting
property,
as
a
corner
lot
721
N
Montana’s
use
(and
improvement
for
the
purposes
of
extended-‐stay
rental)
benefit
–
and
do
not
detract
–
from
the
block
neighborhood.
Municipal
Code
also
speaks
to
assessing
the
proposed
uses’
conformity
with
neighborhood
character.
While
the
block
between
Bozeman
Ave
and
Montana
Ave,
and
Cottonwood
and
Aspen
Ave,
is
zoned
R-‐2,
in
years
past
significant
exceptions
were
made
to
allow
high-‐density
apartment
dwelling
units.
This
has
resulted
in
this
particular
block
being
and
having
a
high-‐density
population
character
more
commonly
associated
with
R-‐3
and
R-‐4
neighborhoods.
Put
another
way,
our
neighborhood
already
experiences
high
density,
yet
does
not
suffer
from
any
parking
problems
or
traffic
concerns,
and
many
of
the
other
lots
nearby
are
likewise
rentals.
The
block
can
easily
accommodate
several
extended-‐stay
uses
without
any
negative
impacts.
For
instance,
my
property
directly
abuts
an
apartment
complex
with
6
residences,
and
across
the
alley
has
a
condo-‐style
apartment
complex
with
dozens
of
residents.
I
bought
my
property
in
full
knowledge
of
the
mixed-‐use
character
of
the
298
neighborhood,
deeming
it
a
good
use
of
limited
space.
As
a
policy
matter,
I
support
individual
citizen’s
smart
use
of
their
properties
and
resources
to
provide
unique
rentals
to
visitors
who,
in
turn,
support
the
local
economy
and
city.
Authorizing
the
Walsh’s
to
use
721
N
Montana
Ave
as
an
extended-‐stay
rental
will
not
affect
the
neighborhood
negatively
in
any
way
and
in
fact,
based
on
their
dramatic
improvements
of
the
property,
will
positively
benefit
the
neighborhood.
I
urge
you
to
approve
the
Walsh’s
application
and
in
so
doing
encourage
like-‐minded
Bozeman
families
to
improve
their
properties,
share
the
wonders
of
unique
Bozeman
neighborhoods
with
visitors,
and
support
the
local
economy.
Feel
free
to
contact
me
with
any
comments
or
concerns.
/s/
G
Alsentzer.
701
N
Montana
Ave
Bozeman,
MT
59715
406.570.2202
guyalsentzer@gmail.com
299