HomeMy WebLinkAbout10-17-16 CC Mtg - A1. Ziemer Garage Variance and COA16372 Ziemer Garage Zoning Variance and COA Page 1 of 15
16372 Staff Report for the Ziemer Garage Zoning Variance and Certificate of Appropriateness
Date: City Commission Public Hearing October 17, 2016
Project Description: A zoning variance request from the accessory building height requirements in Section 38.21.050.E.2 BMC, and a Certificate of Appropriateness to allow the completion of partially-constructed residential garage with five foot sidewalls.
Project Location: 317 North Ida Avenue. The property is zoned R-2, residential two-household medium density district, and is legally described as Lot 2A, Block 4, Babcock and Davis Addition to Bozeman, located in the NE ¼ of the NW ¼ of Section 7, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval
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 16372 and move to approve the Ziemer Garage Zoning Variance and Certificate of Appropriateness with conditions and subject to all applicable code provisions.”
Report Date: Wednesday, October 12, 2016
Staff Contact: Mitch L. WerBell, Assistant Planner
Agenda Item Type: Action (Quasi-Judicial)
EXECUTIVE SUMMARY
Unresolved Issues There are no unresolved issues.
Project Summary A Zoning Variance and Certificate of Appropriateness (COA) application was submitted to the Department of Community Development for the proposed construction of an accessory building, hereafter referred to as “garage”. A single household residential dwelling, driveway, landscaping and public infrastructure improvements were constructed at 317 North Ida Avenue in 2005. A garage foundation with water, sewer and electrical services was also installed in accordance with the originally approved COA Z-02050 with deviations for required setbacks. The applicant was unable to complete the vertical construction of the garage. The associated COA and building permit have subsequently expired. This application seeks to obtain entitlement to finish construction of the garage on its existing foundation with accessory office and storage space on the subsequent floor. The garage will exceed a height of one and a half stories established by side walls of less than three feet under a sloped roof with as required by Section 38.21.050.E.2, BMC, necessitating the variance from this code section. Seven
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16372 Ziemer Garage Zoning Variance and COA Page 2 of 15 foot side walls are proposed. Additional project information and background may be found in Appendix B.
Alternatives 1. Approve the application based on the Commission’s findings of compliance with the applicable variance criteria contained within the staff report with modifications to the recommended conditions; 2. Deny the application based on the Commission’s findings of non-compliance with the applicable variance criteria contained within the staff report; 3. Continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................................ 1 Unresolved Issues ................................................................................................................................... 1 Project Summary..................................................................................................................................... 1 Alternatives ............................................................................................................................................... 2 SECTION 1 - MAP SERIES ............................................................................................................................ 3 SECTION 2 - REQUESTED RELAXATIONS/DEVIATIONS/VARIANCES ..................................... 9 SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ........................................................ 9 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .......................................................... 9 SECTION 4 - STAFF ANALYSIS .................................................................................................................. 9 Zoning Variance Review Criteria – Section 38.35.060.C, BMC .............................................. 9 Neighborhood Conservation Overlay District Review Criteria – Section 38.16.010, BMC ........................................................................................................................................................... 13 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY ................................................ 13 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............................. 14 APPENDIX C – NOTICING AND PUBLIC COMMENT ...................................................................... 15 APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................................... 15 FISCAL EFFECTS .......................................................................................................................................... 15 ATTACHMENTS ........................................................................................................................................... 15
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SECTION 1 - MAP SERIES
Aerial Zoning
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N. Ida Avenue Streetscape looking South
Subject Property
Location of existing
foundation and proposed garage
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Site Plan
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Elevations 79
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Floor Plans
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Neighborhood Context Exhibit
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SECTION 2 - REQUESTED RELAXATIONS/DEVIATIONS/VARIANCES A zoning variance has been requested from the following section:
Section 38.21.050.E.2, BMC, an accessory building shall not, “Within a residential district, exceed a height of 1½ stories, where a half story is established by a side wall, under a sloped roof, of three feet in height or less above the floor level within space allowed to be occupied by persons by the International Building Code.”
SECTION 2 - 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 applicant must provide a TV inspection of the existing sewer service to the Water & Sewer Division for review prior to issuance of a building permit. 3. The applicant must contact the Water & Sewer Division to inspect the exiting water service near the meter for backflow prevention. A backflow preventer must be installed if not present or insufficient prior to final occupancy. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Ziemer Garage Zoning Variance and Certificate of Appropriateness
File: 16372 Community Development staff reviewed the variance request and recommends approval as submitted. This report includes findings for zoning variance review criteria in Section 4, Staff Analysis. Administrative Design Review staff reviewed the design of the accessory building for conformance with the Neighborhood Conservation Overlay District Design Guidelines and recommends approval of the Certificate of Appropriateness in conjunction with the zoning variance. The City Commission is scheduled to hold a public hearing and review the application at its October 17, 2016 meeting.
SECTION 4 - 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.
Zoning Variance Review Criteria – Section 38.35.060.C, BMC
Section 38.21.050.E.2, BMC is the section from which a variance is sought.
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16372 Ziemer Garage Zoning Variance and COA Page 10 of 15 In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest; Staff finds that the requested variance will be not be contrary to and will serve the public interest. Granting the proposed variance to allow the completion of the partially constructed garage will satisfy several of the objectives outlined in the intent and purpose of the Neighborhood Conservation Overlay District. The proposed accessory building (garage) will enhance and contribute to the aesthetic character and function of the property and the surrounding area by completing a previously approved residential infill project, reducing the visual impacts of surface parking and maximizing efficient use of the land through the additions of office and storage floor area and parking to the rear of the lot. Completion of this project will stabilize the neighborhood and may lead to enhanced property values by improving a vacant concrete foundation with a fully constructed accessory building that is compatible with and that contributes to the unique character and fabric of the surrounding area. The proposed structure conforms to the Design Guidelines required for new construction in the Neighborhood Conservation Overlay District. The application proposes one hour fire-rated construction for the southern wall in conformance with the International Building Code. Fire-rated construction and the proposed location of the eaves will prevent adverse material, environmental and safety impacts to neighboring properties. Construction drawings will be reviewed at the time application is made for a building permit. In accordance with Article 40 and Section 38.16.010.C, BMC, the neighboring community was provided notice and opportunity to comment upon the proposed property improvements. A letter in support of the variance was signed by three neighboring property owners and is attached to this report.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: Staff finds that the requested variance is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter. The location of the existing principal building, garage foundation and utilities are unique to the property. North Ida Avenue does not meet local street standards for width and residential parking must be provided entirely off-street. The project was substantially completed according to Certificate of Appropriateness (COA) Z-02050 and building permit #220448. Garage framing was not finished prior to the expiration of the COA and building permit. The garage location is fixed due to the existing physical conditions. The current lot coverage and accessory building regulations will not allow for a two car garage or expansion of the existing foundation. If the variance is not granted, an alternative design would be necessary to provide covered off-street parking. Removal and relocation of the existing foundation would significantly impact
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16372 Ziemer Garage Zoning Variance and COA Page 11 of 15 the site and may temporarily push residential parking onto streets in the neighborhood. The existing foundation is considered to have been constructed under an approved plan and no horizontal footprint expansions are proposed with this application. The applicant proposes the vertical construction of the accessory building on the existing foundation as originally approved. With the narrow footprint, the proposed second floor office and storage area necessitates side walls taller than three feet to meet International Building Code requirements for minimum ceiling height, net floor area, and width of habitable spaces. The applicant has provided support for the variance in the submittal which is attached to this report.
a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and The entire project was previously approved and substantially completed according to plan. The original approval ensured the visual impacts of parking would be minimized with a covered parking stall and limited stacked parking spaces. The application seeks to construct the accessory building as originally approved given the unique site layout and majority of completed construction. The challenges in approving the design as originally submitted lie solely with the application of the current Unified Development Code. The application does not demonstrate a direct interest or potential for greater financial returns to the property owner with the requested variance. The applicant has provided support for the variance in the application materials which are attached to this report.
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Staff finds conditions unique to the property. This residential infill project was previously approved and substantially completed according to plan. The Unified Development Code requires compliance with current regulations. Due to the expiration of previous zoning and building entitlements for the property, the proposed new elements of the accessory building are subject to the current adopted code. Staff determined the accessory structure was partially constructed according to approved plan with the installation of the foundation and utilities at the current location. While previously approved, the new construction on the existing footprint presents a nonconformity with the current adopted Unified Development Code with regard to side wall height for second story additions on accessory buildings. The original project approvals were issued prior to the adoption of Ordinances 1645 and 1761 which amended the Bozeman Municipal Code to include side wall height limitations for accessory buildings. The applicant cites after the fact imposition of additional regulations as a condition unique to the subject property. The applicant’s responses to the variance criteria are included in the attached application materials.
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3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; Staff finds that the requested variance will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice. The requested variance will support several policies, goals and objectives found in the Bozeman Community Plan. The granting of the proposed variance will allow the applicant to complete the project as originally approved and will do substantial justice by protecting the interests of the public and the applicant in harmony with the growth policy.
Objective LU-1.4: Provide and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. The Jackson Minor Subdivision divided an existing lot to create the subject property and to allow for residential infill development. The completion of the garage will support infill development and encourage efficient utilization of the land and existing infrastructure systems. While physically similar to an alleyway, Ida Avenue functions as a partial local street to provide access to the unique parcels located along it. On-street parking is not permitted on North Ida Avenue. When the subdivision was platted and the subsequent project was initially constructed, the property owner installed water and sewer mains and public sidewalk to serve the community and to support future infill development in accordance with the growth policy. Recommended Conditions of Approval 2 and 3 will require the applicant to provide video evidence that the existing wastewater service lines can adequately handle additional loads and will ensure protection of the municipal water supply through backflow prevention.
Goal C-1: Human Scale and Compatibility – Create a community composed of neighborhoods designed for the human scale and compatibility in which the streets and buildings are properly size within their context, services and amenities are convenient, visually pleasing, and properly integrated. The garage will be properly sized with the proposed height and location which are subordinate to the primary building on the property. The garage will appropriately and subordinately integrate to the site and neighborhood. Detached garages are commonly found in the area. The subject property will become more visually pleasing be replacing the vacant foundation with a new accessory building with covered parking and additional office and storage area.
Conclusion. Staff finds the burden of proof has been overcome for all criteria and supports the variance request based on review of the information provided and the physical conditions of the site. The applicant has provided support for the variance in the application materials which are attached to this report. If the City Commission denies the variance request, the applicant may submit revised plans meeting the current zoning regulations for accessory buildings. If it is so desired
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16372 Ziemer Garage Zoning Variance and COA Page 13 of 15 to modify the accessory building provisions set forth in Section 38.21.050, the appropriate mechanism to do so is a municipal code text amendment.
Neighborhood Conservation Overlay District Review Criteria – Section 38.16.010, BMC
Applicable Design Review Guidelines All proposed new construction and alterations to structures and sites within the Neighborhood Conservation Overlay District (NCOD) are subject to design review by the City of Bozeman Department of Community Development and are subject to standards set forth in the City of Bozeman Unified Development Code (UDC) in addition to the Design Guidelines. Administrative Design Review (ADR) staff reviewed the submitted application against the UDC and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District (Design Guidelines) January 17, 2006 and amended May 18, 2015, and finds the proposal in general compliance with those guidelines. The property at 317 North Ida Avenue is located within the boundaries of the Neighborhood Conservation Overlay District but is not located within a historic district. The subject property was subdivided in 2002 to allow for a new single-household residential lot meeting minimum requirements. The dwelling unit and detached garage were approved under Certificate of Appropriateness Z-02050 as a residential infill project. The existing single household dwelling and proposed detached garage are congruent with the neighborhood character. The application proposes a 25’ 10” tall accessory building with a gable roof. The structure will be used as a residential garage with second level office space. Proposed exterior materials include cedar siding and trim, corrugated metal and aluminum clad windows. The accessory building will be subordinate to the principle dwelling on the property in height and footprint and will not exceed allowable lot coverage. Staff finds the accessory building compatible with the existing fabric of the neighborhood and character of surrounding properties and uses and conforms to the Design Guidelines and Unified Development Code. 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 two-household medium density district is 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
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16372 Ziemer Garage Zoning Variance and COA Page 14 of 15 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 boundaries, which may require annexation prior to development.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Certificate of Appropriateness (COA) Z-02050 was reviewed by the City Commission on May 13, 2002 and received a zoning entitlement with deviations for a new single household dwelling and accessory building at 317 North Ida Avenue. Deviations were granted for accessory building encroachments of four feet into the required five foot side yard setback and two feet into the required 10-foot rear yard setback. Building permits were subsequently issued for this residential infill project in November 1, 2002. The single household dwelling was constructed and received a Certificate of Occupancy on October 21, 2005. The accessory building was designed as a single car residential garage with second floor storage and office area. The foundation and utilities were installed but the property owner was unable to complete the vertical construction of the garage due to financial constraints as indicated in the application materials. While a deviation was granted for a four foot encroachment, the garage foundation was designed and installed with a two foot encroachment to ensure that roof drainage would remain on the property. The foundation was relocated of the rear year setback and meets current rear yard detached structure setback requirements. The original COA Z-02050 expired one year from the date of issuance and the original building permit #220448 is no longer valid. Several amendments to the Bozeman Municipal Code occurred over the years between the previously valid building permit and the submittal of this variance application. Pursuant to the Bozeman Municipal Code, all new construction must comply with the most current regulations. In 2015, the applicant submitted Modification to Approved Plan Application 15504 to request the extension of COA Z-02050 approval. The applicant was advised that an extension would not be applicable to an expired COA and a zoning variance would be necessary for the new non-conforming vertical construction as indicated in the submitted plans. A Zoning Variance application was submitted to the Department of Community Development on August 31, 2016. This application also includes a COA for the new construction of an accessory building in the Neighborhood Conservation Overlay District. The proposed accessory building exceeds a height of one and a half stories established by sidewalls of less than three feet under a sloped roof with as required by Section 38.21.050.E.2, BMC and therefore require a variance from that code section. Based upon substantial completion of the original project, this application seeks to obtain entitlement to finish construction of the garage on its existing foundation with accessory office and storage space on the subsequent floor. Pursuant to the International Building Code, a minimum floor area is required for habitable area and
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16372 Ziemer Garage Zoning Variance and COA Page 15 of 15 the applicant proposes five foot sidewalls to meet the standards. A new building permit will be required if this application is approved. APPENDIX C – NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.40.030, BMC. Notice was posted on-site and sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail on September 27, 2016, at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on October 2 and 9, 2016. APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner & Applicant: Laura Ziemer, 317 North Ida Avenue, Bozeman, MT 59715
Report By: Mitch L. WerBell, Assistant 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
Building Division email
Engineering memorandum
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19 Property Owners within 200 Feet of the Proposed Project Site:
Garage at 317 North Ida Avenue
1. William and Cathie Norton
230 North Plum Ave
Bozeman, MT 59715
2. Pat and Jess Hinz
701 East Davis St
Bozeman, MT 59715
3. Al Borrego
636 East Davis St—mailing address P.O. Box 6268, Bozeman, MT 59771-6268
Bozeman, MT 59715
4. Steven and Deborah Muth
630 East Davis St
Bozeman, MT 59715
5. Margaret M. Hall and Rand Swanson
626 East Davis St
Bozeman, MT 59715
6. Evan Center
620 East Davis St—mailing address 320 North Black Ave, #B, Bozeman, MT 59715
Bozeman, MT 59715
7. Don Jackson and Catherine Ebelke
631 East Davis St—mailing address 1280 Story Mill Road, Bozeman, MT 59715
Bozeman, MT 59715
8. Charles and Barbara Edgmond
625 East Davis St
Bozeman, MT 59715
9. Graeme MacPherson
621 East Davis St—mailing address 24 Shawnee Way Suite D, Bozeman MT, 59715
Bozeman, MT 59715
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10. Mary Cantebury Canada and Angela R. Sandoval
617 East Davis St—mailing address 416 West Olive Street, Bozeman MT, 59715
Bozeman, MT 59715
11. Linda Nicholson Buckner
615 East Davis
Bozeman, MT 59715
12. Tom and Robetta Gammack
616 East Fridley St—mailing address P.O. Box 7008, Bozeman, MT 59771-7008
Bozeman, MT 59715
13. Gregory and Judy Flaherty
624 East Fridley
Bozeman, MT 59715
14. Peter Schade
628 East Fridley—mailing address P.O. Box 54, Clancy MT 59634-0054
Bozeman, MT 59715
15. Scott Busse and Lisa Koyama
632 East Fridley
Bozeman, MT 59715
16. P. Kevin Loustaunau and Alison Berry
710 East Fridley
Bozeman, MT 59715
17. Peter and Eva Skidmore
323 North Plum Ave
Bozeman, MT 59715
18. Shannon Prendergast
311 North Plum Ave
Bozeman, MT 59715
19. Rebecca Heemstra
803 East Davis St
Bozeman, MT 59715
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Application No. Z-01250 Project Narrative: Single-Car, Detached Garage to 317 North Ida Avenue 1
Bozeman Municipal Code Section 38.21.050(E)(2) Proposed for Variance
Project Narrative for Variance Request:
Single-Car, Detached Garage to 317 North Ida Avenue
No. Z-01250
Project Applicant: Laura Ziemer
Introduction
I am requesting a variance from Municipal Code Sec. 38.21.050(E)(2) on “accessory
buildings” that includes a detached garage: “Within a residential district, exceed a height of 1½
stories, where a half story is established by a side wall, under a sloped roof, of three feet in
height or less above the floor level within space allowed to be occupied by persons by the
International Building Code.” The variance is part of my request to re-activate my Certificate
of Appropriateness which seeks an extension of time in which to complete the partially-finished,
single-car, detached garage. The variance request is to extend the height of the side walls of the
storage space above the ground-floor garage by 5 feet more than what is permitted by Code Sec.
38.21.050(E)(2), to allow a person to walk through the storage space above the garage. The
request for the variance is based on two factors: (1) the size of the lot which is not big enough to
build a two-car garage; and, (2) the change in Municipal Code Sec. 38.21.050 that happened
after the Certificate of Appropriateness was approved and construction was underway.
I. Background on Garage Building Project.
I live at 317 North Ida Avenue with my family. We built this new-construction, single-
family residence as an urban in-fill project in the historic north-east neighborhood, purchasing
half of the existing double lot of our neighbors directly to the south of us. Our Certificate of
Appropriateness and building permit granted a detached, single-car, multi-use garage along with
our single-family residence.
We were on a tight budget, and hit the ceiling on our loan prior to finishing the garage,
although we completed the house and landscaping, and put in the sidewalk, driveway, garage
foundation, and water, sewer and electrical to the garage. After building equity for several years
on our home loan, last year I refinanced and pulled out enough money to finish building the
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Application No. Z-01250 Project Narrative: Single-Car, Detached Garage to 317 North Ida Avenue 2
garage. The request to re-active the Certificate of Appropriateness is simply to obtain an
extension of time in which to complete the garage and finish this partially-completed building
project. I am not seeking to expand in any way the scope of the approval granted by the original
Certificate of Appropriateness for the garage. Rather, this is a request to simply finish building
the partially-completed garage on its original site and well within its already-permitted foot-
print.
The Certificate of Appropriateness, No. Z-01250, was granted “to allow a new detached
garage to encroach 4 feet into the required 5-foot side yard setback and 2 feet into the required
10-foot rear yard setback.” This approval was granted with the following conditions: (1) “the
construction of eaves along the southern elevation of said new garage shall not be over half the
distance to the property line, a distance of six (6) inches;” and, (2) “the applicant shall construct
a 6-foot high wooden fence along the southern property line to mitigate potential adverse effects
on the adjacent property. Further, said garage shall be constructed with one-hour walls to offset
potential fire danger to the adjacent property.”
The fence was timely constructed, and the one-hour walls requirement will be complied
with in the proposed construction. In addition, we placed the garage foundation such that we are
not now encroaching into the required 10-foot rear-yard set-back, even though we were granted
that permission. Finally, in order to ensure that the garage eves on the south side would be fully
on our property, (along with any snow falling from those eves), we moved the garage foundation
an additional 2-feet away from the south boundary, so instead of a 4-foot encroachment that was
approved, we only have a smaller, 2-foot encroachment.
The single-car, detached garage with storage and office space above the garage is in
keeping with the character of our north-east neighborhood. The single-car garage as proposed,
with the variance request, will have side walls that are a total of 18 feet high (seven-foot interior
walls in the storage/office space), and will be shorter than the house by over five feet. This
proposed garage will be proportional to the existing house, is a good fit for the lot and
surrounding properties, will mirror the building style, colors, and building materials of the house,
and is in keeping with the character of the neighborhood.
II. Variance Request to Municipal Code Sec. 38.21.050(E)(2).
Municipal Code Section 38.35.060 governs a zoning variance request. This section
requires that a grant of a variance: “Will not be contrary to and will serve the public interest;”
[and], “Is necessary, owing to conditions unique to the property.” Municipal Code Section
38.35.060 (1) and (2). The Municipal Code further explains what “conditions unique to the
property” means:
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Application No. Z-01250 Project Narrative: Single-Car, Detached Garage to 317 North Ida Avenue 3
Conditions unique to the property may include, but are not limited to,
slope, presence of watercourses, after the fact imposition of additional
regulations on previously lawful lots, and governmental actions outside of
the owners control.
Municipal Code Section 38.35.060(2)(b). In this variance request two elements are present that
are “conditions unique to the property.” Either one of them provides a sufficient basis for
granting the limited variance request, and both of them together provide a strong basis for a grant
of the requested variance.
A. Conditions Unique to the Property: Lot Size.
First, the small lot size at 317 North Ida Avenue precludes a double-car garage. A
double-car garage allows for a useable half-story space above a garage for storage because it has
a larger foot-print, allowing for a workable half-story space. The small size of the lot, coupled
with the small size (16’ x 22’) of the existing construction for the detached, single-car garage
precludes a foot-print large enough to make a useable, half-story storage or office space. In
addition, the small lot size also precludes any future potential abuse of the grant of a variance to
turn the single storage room above the single-car garage into an additional dwelling unit or
“mother-in-law” apartment. Not only is no kitchen or full bathroom part of the permit
application, but its small size makes such additions unworkable. In addition, the single, narrow
driveway leading to the garage precludes an additional vehicle. Since there is no street parking
on Ida Avenue because of its narrowness, there is no possibility of an extra vehicle on the street.
The small lot size, the garage’s 16’ x 22’ foot-print, the narrow, single-car driveway, and its
access only to narrow Ida Avenue provides protection that ensures against an illegal, future use
of the second-story garage storage space as an additional dwelling unit.
B. Conditions Unique to the Property: After-the-Fact Regulation Change.
Second, the provision of the Bozeman Municipal Code which is the subject of my
variance request, Municipal Code Sec. 38.21.050(E)(2), changed during the pendency of the
building permit with the City of Bozeman. When the building permit was submitted and
granted, there was no limitation that a detached, single-car garage could only be one-and-a-half
(1 ½) stories. When the building permit was originally filed and approved, the Municipal Code
governing accessory buildings was Municipal Code Section 18.38.050, “Accessory Buildings,
Uses, and Equipment,” (2004). Section 18.38.050 of the Municipal Code in effect through 2004
provided at subsection (E):
“(E) No accessory building shall exceed the height or footprint of the principal
building unless such accessory building has been otherwise approved as per this
title.”
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Application No. Z-01250 Project Narrative: Single-Car, Detached Garage to 317 North Ida Avenue 4
My request for an extension of time in which to finish the already-initiated garage project fully
complies with the Municipal Code section then in effect, requiring that the accessory building, in
my case a single-car, detached garage, be smaller than my house and have a smaller foot-print
than the house. If we the now-current regulation had been in effect when we submitted our
building permit application, we would have designed the house and garage differently to comply
with the regulation, and designed an attached garage, rather than a detached garage. We felt that
a detached garage was more in keeping with the historic character of the neighborhood, and at
the time our design for the detached garage complied with all city regulations.
In 2005, the City Commission passed Ordinance Number 1645 (August 15, 2005).
Ordinance No. 1645 amended Municipal Code Section 18.38.050 governing accessory building
standards, and imposed the 1½ story limitation with five-foot sidewalls on the second story. See,
Ordinance No. 1645 (August 15, 2005), 384 pages, at page 97, available at
http://weblink.bozeman.net/WebLink8/0/doc/37580/Page1.aspx. In 2009, the City Commission
passed Ordinance Number 1761, changing the 1 ½ story limitation to three-foot sidewalls on the
second story. See, Ordinance No. 1761 (July 6, 2009), at page 3, available at
http://weblink.bozeman.net/WebLink8/0/doc/37834/Page1.aspx. This is the current language of
the Municipal Code, renumbered to Municipal Code Section 38.21.050(E)(2).
This change in regulation during the pendency of my granted building permit is an “after
the fact imposition of additional regulations on previously lawful lots, and governmental actions
outside of the owners control,” within the meaning of Municipal Code Section 38.35.060(2)(b).
The variance requested lands squarely within one of the allowable reasons for granting a
variance. It provides a clear basis for granting the requested variance.
C. Variance Will Not Be Contrary to and Will Serve the Public Interest and Will
Observe the Spirit of Chapter 38 of the Bozeman Municipal Code.
Finally, the requested variance “will not be contrary to and will serve the public interest”
within the meaning of Municipal Code Section 38.35.060 (1). Even with a grant of the variance
request, the proposed garage will be in keeping with the spirit of the limitation on detached
garages only being 1½ stories. The proposed garage is proportional to the existing house, will
still be about a half-story shorter than the house (5 feet shorter), and will not infringe on any
neighbor’s living space or house. As is illustrated in the attached drawing of the surrounding
properties, no other house is adjacent to the garage but our own in any direction. No neighbor
will receive a shadow on their house or have any light blocked to their living space as a result of
our proposed garage. This proposed detached garage is in keeping with the character of our
102
Application No. Z-01250 Project Narrative: Single-Car, Detached Garage to 317 North Ida Avenue 5
North-East Neighborhood in Bozeman, and will not adversely affect any neighbor’s house. A
grant of the requested variance will therefore not be contrary to and will serve the public
interest’s in protecting the character of the neighborhood and the quality of life enjoyed by
neighboring houses. A grant of the requested variance will do substantial justice by allowing the
completion of the garage that was in full compliance with the Bozeman Municipal Code at the
time the building permit was granted, observing one of the lawful allowances for granting a
variance.
103
104
105
Ms. Eva Skidmore
323 N Plum Avenue
Bozeman, Montana 59715
Bozeman City Commissioners
Mayor Carson Taylor
Deputy-Mayor Cynthia Andrus
Commissioner Jeff Kraus
Commissioner Chris Mehl
Commissioner I-Ho Pomeroy
City Hall
P.O. Box 1230
121 North Rouse Avenue
Bozeman, Montana 59771
July 9, 2016
Dear Mayor Taylor, Deputy-Mayor Andrus, and Commissioners Kraus, Mehl, and Pomeroy:
My neighbor Laura Ziemer, at 317 North Ida Avenue, has discussed with me her plan to
build a one-car garage on her existing foundation (16’ x 22’) at the end of her driveway, to the
south of her house. She has discussed with me her need to apply for a variance from the City
of Bozeman’s municipal ordinance limiting the side-walls of any storage space or office above
the garage to nor more than three feet (3’) high. Because the garage is so narrow (only 16 feet
wide) due to the small lot size, side-walls that are only three feet high would not allow a person
to walk through the space above the garage.
We do not oppose Laura Ziemer’s request for a variance from the three-foot side-wall
limitation. A single-car, detached garage with storage and office space above the garage is in
keeping with the character of our north-east neighborhood. Laura’s single-car garage as
proposed, with the variance request, will have side walls that are a total of 18 feet high (seven-
foot interior walls in the storage/office space), and will be shorter than the house by over five
feet. This proposed garage will be proportional to the existing house, in keeping with the
character of the neighborhood, and fits within the small lot size.
We would be happy to talk with you about this proposed garage if you have any
questions for us as neighbors.
Yours sincerely,
Eva Skidmore
406-570-0604
106
Mr. and Mrs. Rand and Margaret Swanson
626 East Davis Street
Bozeman, Montana 59715
August 7, 2016
Bozeman City Commissioners
Mayor Carson Taylor
Deputy-Mayor Cynthia Andrus
Commissioner Jeff Kraus
Commissioner Chris Mehl
Commissioner I-Ho Pomeroy
City Hall
P.O. Box 1230
121 North Rouse Avenue
Bozeman, Montana 59771
Re: No Opposition to Garage Building Project at 317 North Ida Avenue
Dear Mayor Taylor, Deputy-Mayor Andrus, and Commissioners Kraus, Mehl, and Pomeroy:
My neighbor Laura Ziemer, at 317 North Ida Avenue, has discussed with me her plan to build a
one-car garage on her existing foundation (16’ x 22’) at the end of her driveway, to the south of her
house. She has discussed with me her need to apply for a variance from the City of Bozeman’s
municipal ordinance limiting the side-walls of any storage space or office above the garage to nor more
than three feet (3’) high. Because the garage is so narrow (only 16 feet wide) due to the small lot size,
side-walls that are only three feet high would not allow a person to walk through the space above the
garage, except under the peak of the roof.
We do not oppose Laura Ziemer’s request for a variance from the three-foot side-wall limitation.
A single-car, detached garage with storage and office space above the garage is in keeping with the
character of our north-east neighborhood. Laura’s single-car garage as proposed, with the variance
request, will have side walls that are a total of 18 feet high (seven-foot interior walls in the storage/office
space), will be shorter than the house by over five feet, and will mirror the style, colors, and construction
materials of the house. This proposed garage will be proportional to the existing house, in keeping with
the character of the neighborhood, and fits within the small lot size.
We would be happy to talk with you about this proposed garage if you have any questions for us
as neighbors.
Yours sincerely,
Margaret Swanson
107
Index of Garage Drawings
317 North Ida Ave
a overview
a1 site plan
a2 1st floor
a3 2nd floor
a4 east elevation
a5 north elevation
a6 west elevation
a7 south elevation
a8 electrical 1st floor
a9 electrical 2nd floor
a10 section 1
a11 foundation plan
a12 framing plan
a13 truss plan
a14 door and window schedule
108
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.01 DESCRIPTIONGarage AdditionNorth
Ziemer Garage
317 North Ida Ave.
Bozeman MT, 59715
406-599-2606
Shannon Prendergast
Builder/Designer
317 North Ida Ave.
406-539-2080
Zonning R2
Foot Print 366 Square Feet.
Total Proposed - 732 Square Feet.
Proposal is for a Two Story
Garage w/ a 2nd story home
office/ multiuse space.
The concrete and infrastructure
(which includes Rough in sewer, water, and
electrical) has been in place since the main house
was completed.
Index of Drawings.
(Pages)
1. Cover Page
2. Site Plan
3.1st Floor Plan
4. 2nd Floor Plan
5. East Elevation
6. North Elevation
7. West Elevation
8. South Elevation
9. 1st Floor Electrical
10. 2nd Floor Electrical
11. Section
12. Foundation Plan
109
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0101DESCRIPTIONGarage AdditionDESCRIPTIONSheet Description North
Water
317 N. IDA Ave.Sewer Electricity Gas CablePh
o
n
e
Existing House
Patio and walkways
Patio and walkways
Lawn
Proposed Structure (Garage/Office)
366 Square Foot (Foot Print)
Drive Way
Landscaping/Garden
81'-0"63'-0"13'-8"3'-6"
Foundation and Exterior Wall is
3'-6" from Property Line.
Property Line
Property Line
Property Line
Property Line
110
111
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0102DESCRIPTIONGarage Addition2'-0"1'-6 1/2"1'-6 1/2"3'-6 1/2"3'-5"1'-1 1/2"
1'-10 1/2"
1'-4 1/2"1'-4 1/2"
1'-6 1/2"
1'-6 1/2"
21'-1"13'-1"15'-1"8'-1"6'-9"3'-8 1/2"Garage
Rest
Rm.
3'-0"8'-1 1/2"
2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"
6'-3"20'-0"1'-10"4'-0"1'-10"4'-0"3'-5"8"
7'-8"6'-3"8'-1"
22'-0"10'-0"2'-0"14'-0"2'-0"4'-0"20'-0"Scale: 1/4" = 1'-0"Plan - 1st Floor 111
2 2 2 2 2
B
A
C
22'-0"
112
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0103DESCRIPTIONGarage Addition1'-4 1/2"1'-4 1/2"3'-8 1/2"1'-10 1/2"1'-6 1/2"1'-6 1/2"1'-6 1/2"
Office
Rest
Rm.
2'-0"2'-0"2'-0"2'-0"6'-0"2'-0"2'-0"2'-0"2'-0"
22'-0"3'-0"1'-10"4'-0"1'-10"6'-3"8'-1"
22'-0"11 1/2"3'-0"3'-0"4'-0"9'-1/2"20'-0"2'-0"8'-1"2'-0"2'-0"2'-0"2'-0"2'-0"2'-0"14'-0"2'-0"4'-0"20'-0"1'-6 1/2"6"Scale: 1/4" = 1'-0"Plan - 2nd Floor 1 1 C
D
2 2 2 2
1
3
4
3'-0"8'-1 1/2"
13'-0"15'-1"13'-1"4'-7"21'-1"
113
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0104DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"East Elevation
16" Metal Snap Lock Roofing
Window 10' x 2' aluminum clad
awning
Corrugated metal siding
Garage Door Aluminum
R - 15
Cedar Trim 3/4"
Cedar Siding 6"
10
12
12
6
25'-10"8'-0"6'-10" A
3
114
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0105DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"North Elevation
16" Metal Snap Lock Roofing
Cedar Trim 3/4"
Corrugated Metal Siding
Cedar Siding 6"
Window Aluminum Clad
Awning
Door Aluminum Clad w/ Light 9'-10"16'-0"25'-10"7'-0"6'-10"6'-8"1
1
B
7"Stair Treads 7" x 12"
115
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0106DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"West Elevation
12
6
12
10
16" Metal Snap Lock Roofing
Corrugated Metal Siding
Cedar Trim 3/4"
Window 4' x 2' Aluminum Clad
Awning
Stairs Metal Powder Coated
Door Aluminum Clad w/ Light
4 D
6'-10"7'-0"25'-10"9'-11"15'-10 1/2"116
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0107DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"South Elevation
16" Metal Snap Lock Roofing
Cedar Trim 3/4"
Corrugated Metal Siding
Stairs Metal Powder Coated
Windows 2' x 2' Aluminum Clad
Awning 7"9'-10"Stair Treads 7" x 12"25'-10"1
1 6'-10"6'-2"117
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0108DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Electrical 1st Floor PANEL GarageDoor ss
s F/L
GFI
GFI
GFI EXT GFI Ground Rebar imbedded
in concrete foundation
wall.
100 Amp service from house
underground to Garage.
118
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0109DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Electrical 2nd Floor
s F/L
GFI
GFI
GFI sC C C
C C C s119
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0110DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Section 1
Truss Commen 2' O.C.
Headers 2" x 6" Insulated
Insulation R 19 Bib System
Plywood Sheathing 1/2"
Plywood Sheathing 1/2"
Headers 2" x 6" Insulated
Bottom Plate 2" x 6" Treated
Insulation Batts
Insulation Batts
2" x 6" Fir Studs 16" O.C. Plywood Sheathing 3/4" T & G
Gypsum 5/8"
120
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0111DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Foundation Plan
Footings are existing and are
24" wide x 8" deep.
Anchor Bolts 1/2" no greater
then 3' O.C.
Concrete Post 12"
5' deep.
Concrete Post 12"
5' deep.
Concrete Post
5' Deep.
Foundation Walls 8"
5' Deep.
Total footprint is 366 square ft.
Foundation is existing and has existed since
the original house was built!
Slab 6"
Hold Downs (Simpson Strong-Tie)
121
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0112DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Framing Plan
L/360 14" depth, 24" O.C.
Floor Joist designed for 40 PSF Live Load / 20 PSF Dad Load.
Squash Blocking under 2nd
story bearing wall.
Rim Joist 360 1.75" x 14"
fully wraps structure.
Web Stiffeners 2' O.C.Web Stiffeners 2' O.C.
10d nails are required for
properly securing Rim
Joist and L/360 Floor
Joist to each other and to
the top of walls.
3/4" Plywood T & G as Sub Flooring and
to provide lateral support.
TJI Specifications (see attachment)
122
aDRAWN BYShannon PrendergastRE-ISSUEMM.DD.YYISSUEMM.DD.YYCLIENTLaura Ziemer317 North Ida Ave.Bozeman MT 59715PROJECTZiemer GaragePROJECT NO.0113DESCRIPTIONGarage AdditionScale: 1/4" = 1'-0"Truss Plan
Truss Specifications to be provide by truss plant
in compliance with local building codes.
Simpson tie downs required on truss to wall
structure connections.
Blocking (2x) required between
trusses.
Trusses to be designed by Simkin - Hallins, or
Kenyon Noble at local truss plant.
14'-0"
20'-0"7'-7"7'-7"2'-1/2"
2'-1/2"
4'-1/2"2'-1/2"2'-1/2"10
12
12
6
123
file:///R|/...ECTS/Current%20Planning/Zoning/Variance/16372%20Ziemer%20Garage/RE%20Zoning%20Variance-%20317%20N%20Ida.txt[10/6/2016 4:23:59 PM]
From: Bob Risk
Sent: Thursday, September 22, 2016 4:33 PMTo: Mitchell WerBell
Subject: RE: Zoning Variance- 317 N Ida
No problem. Another problem with the windows not being openable, there is a minimum amount of light and ventilation required for the interior space. They would need to have
at least 4% of the interior floor space as window openings to provide the required ventilation… and 8% of the interior floor space as windows to provide the minimum
natural light.
Have a great weekend.
Bob RiskChief Building Official
City of Bozeman, Building DivisionPO Box 1230
Bozeman, MT 59771406-582-2377
From: Mitchell WerBell
Sent: Thursday, September 22, 2016 4:29 PM To: Bob Risk <brisk@BOZEMAN.NET>
Subject: RE: Zoning Variance- 317 N Ida
Thanks for the speedy review Bob. I will pass your comments along to the owner.
From: Bob Risk Sent: Thursday, September 22, 2016 4:27 PM
To: Mitchell WerBell Subject: RE: Zoning Variance- 317 N Ida
Mitch-
The only problem I see is with the wall that’s 3’ 6” from the property line.
The wall would have be one hour fire rated, and there are a lot of windows shown on
that wall.
Unless they provide fire sprinklers for the building, the windows would also have to be one hour fire rated… none of the fire rated windows could be openable and the total
square footage of the windows could not exceed 15% of the wall square footage.
If they provided fire sprinklers, that wall could have 15% of its square footage as unprotected/openable windows.
That’s all I see at this time.
Bob
From: Mitchell WerBell
Sent: Thursday, September 22, 2016 4:15 PM To: Bob Risk <brisk@BOZEMAN.NET>
124
file:///R|/...ECTS/Current%20Planning/Zoning/Variance/16372%20Ziemer%20Garage/RE%20Zoning%20Variance-%20317%20N%20Ida.txt[10/6/2016 4:23:59 PM]
Subject: Zoning Variance- 317 N Ida
Bob,
See attached drawings. I want to deliver any comments from the building division well in advance of a
building permit submittal (pending variance approval).
The slab and utilities were installed with the original building permit in 2006. The narrative indicates one hour fire-rated walls which we should see with the new construction drawings.
Thanks for your review.
Mitch L. WerBell | Assistant Planner
Bozeman MT | Department of Community Development | P.O. Box 1230 | Bozeman, MT 59771 P: 406.582.2285 | E: mwerbell@bozeman.net | W: www.bozeman.net
125
CITY OF BOZEMAN
ENGINEERING DEPARTMENT
Alfred M. Stiff Professional Building
20 East Olive Street P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2280
fax 406-582-2263
skohtz@bozeman.net www.bozeman.net
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------
TO: DEVELOPMENT REVIEW COMMITTEE, MITCH WERBELL
FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER
RE: ZIEMER GARAGE ZONING VARIANCE/COA #15-592
DATE: 9-23-16 ------------------------------------------------------------------------------------------------------------------------------
The following comments pertain to review of the submitted materials for the above referenced
project:
1. The proposed water and sewer service connections must be indicated on the site plan (Sheet A-1).
2. The sewer service to the proposed garage may share a service with the main house, but the
applicant must tv inspect the existing service and submit the tv inspection to the City Water
and Sewer Department for review to ensure it is in adequate condition to accommodate the additional load.
3. The applicant must contact Jubal Whitlock with the City Water and Sewer Department to
inspect the backflow preventer on the existing water service near the meter. If not present
or insufficient, the backflow preventer must be installed.
CC. ERF
Project File
126