HomeMy WebLinkAbout2001-04-02 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
April 2, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, April 2, 2001, at 6:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - January 18 and February 7, 2000, and January 30, March 19 and March 26, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meetings of March 26, 2001 be approved as submitted and March 19, 2001 be approved as
amended. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor
Youngman; those voting No, none.
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000 and January 30, 2001 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize Mayor to sign - Findings of Fact and Order for Northern Rockies Major
Subdivision Planned Unit Development (subdivide 7.7 acres described as Tract
C, COS No. 1177C, into a seven-lot planned unit development) {southeast
corner of Highland Boulevard and Ellis Street) (P-0047)
Authorize Mayor to sign - Findings of Fact and Order for two-lot minor to subdivide a
.48-acre parcel described as Lot 50, Bridger Creek Subdivision, Phase I, into
two lots {2411 Par Court) (P-102)
Authorize Mayor to sign - Findings of Fact and Order for two-lot minor to subdivide a
.48-acre parcel described as Lot 51, Bridger Creek Subdivision, Phase I, into
two lots (2417 Par Court) (P-103)
Authorize City Manager to sign - Agreement between United States Composting
Council and the City of Bozeman for Certification Program for Seal of Testing
Assurance Program Rules for compost products
Approval of final plat for Babcock Meadows Subdivision, Phase IIA - create one 0.96-
acre single-family lot for existing home (3104 West Babcock Street)
Claims
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
approve the Consent Items as listed and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor
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Youngman; those voting No, none.
Aooointments to Downtown Bozeman Improvement District Board (IDB), per letter dated March 20,
2001
Included in the Commissioners' packets was a letter from the Downtown Bozeman
Improvement District Board, dated March 20, requesting that a voting member and a non-voting
member be switched, since the voting member is out of town for an extended period of time.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Barbara
(Bobby) Bear be appointed as a voting member on the Downtown Bozeman Improvement District
Board, with a term to expire on June 30, 2003, and that Clarkson B. Rollins be appointed as a non-
voting member with a term to expire on June 30, 2003. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner
Brown, Commissioner Frost, and Mayor Youngman; those voting No, none.
ADoointment to Parking Commission
Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission
DeLathower, dated March 29, forwarding applications for the vacancy on the Parking Commission.
Mayor Youngman noted Pamela Bryan was recommended by the Parking Commission.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Pamela
Bryan be appointed to replace John East on the Parking Commission, with a term to expire on June
30, 2003. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor
Youngman. Those voting No, none.
Decision - Master Plan Amendment to change land use designation from "Urban Residential" to
"Public Lands/Open Space" and "Commercial" - Bozeman School District No. 7 - 27.730 acres
described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th
Avenue and East Valley Center Drive} (P-0020)
This was the time and place set for the decision on the Master Plan Amendment requested by
Bozeman School District No. 7, under Application No. P-0020, to establish an initial land use
designation of "Public Lands/Open Space" and "Commercial" on 27.730 acres described as Lot 4A,
Minor Subdivision No. 221A. The subject property is located approximately 1,000 feet south of the
intersection of North 27th Avenue and East Valley Center Drive.
Senior Planner Skelton referred to his memo, which was distributed to the Commissioners just
prior to the meeting, highlighting each of the five points listed for Commission consideration in that
memo.
Commissioner Kirchhoff asked for clarification of the differences between the Business Park-
Industrial (BP-I) and Commercial classifications. Mr. Skelton responded a Commercial designation
would lean more toward commercial development, while BP-I leans more toward industrial
development and small businesses.
Responding to Commissioner Kirchhoff's question as to which is more restrictive, BP-I or
Commercial, Planner Skelton noted BP-I would be more restrictive.
Commissioner Smiley said that the explanation of casino use and factors to be considered
within a casino overlay district have allayed her fears of a casino locating on this property.
Commissioner Kirchhoff stated his suggestion would be to follow the Zoning Commission's
resolution and move to deny, then come back with Business Park (BP) and Public Lands and
Institutions (PLI) designations.
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Commissioner Frost offered he is leaning toward denying this application to get it going on the
right track with BP or BP-I designations.
Commissioner Brown stated he could support the application as proposed because it will be
difficult to get a BP designation at this point.
Planning Director Epple suggested the Commission act on the PLI portion of the application,
since that is not the objectionable portion of the proposal.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to direct staff to
bring back, for possible action by the Commission, a resolution amending the Bozeman Area Master
Plan to change the land-use designation from Urban Residential to Public Lands/Open Space and
Commercial as requested in planning application P-0020.
Commissioner Kirchhoff stated he has completely considered the arguments, but the bottom
line is wanting to put a halt to commercial strip development; and if a Commercial land use
designation makes that more possible, then he is more opposed to that designation than any other.
He noted he would prefer to stick with BP-I.
Mayor Youngman stated her agreement, adding this provides clear guidance for future
Commissions.
The motion failed by the following Aye and No vote: those voting Aye being Commissioner
Brown and Commissioner Smiley; those voting No being Commissioner Frost, Commissioner Kirchhoff,
and Mayor Youngman. ~
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to
bring back, for possible action by the Commission, a resolution amending the Bozeman Area Master
Plan to change the land use designation from Urban Residential to Public Lands/Open Space on the
western 18.908 acres of the subject property as requested in planning application P-0020. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman. Those
voting No, none.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to deny the
request amending the Bozeman Area Master Plan to change the land use designation from Urban
Residential to Commercial on the eastern 8.821 acres of the subject property as requested in planning
application P-O020 and direct staff to initiate a new Master Plan Amendment to classify said property
Business Park-Industrial. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and
Mayor Youngman; those voting No, none.
Decision - Zone Map Amendment - Bozeman School District No. 7 - establish initial urban zoning
designations on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south
of intersection of North 27th Avenue and East Valley Center Drive) as follows: "M-l", Light
Manufacturing, on the east 8.821 acres and "PLI", Public Lands and Institutions, on the west 18.908
acres (Z-0044)
This was the time and place set for the public hearing on the Zone Map Amendment, as
requested by Bozeman School District No. 7 under Application No. Z-0044, to establish initial zoning
designations of "PLI", Public Lands and Institutions, and "M-1 ", Light Manufacturing, on 27.730 acres
described as Lot 4A, Minor Subdivision No. 221A. The subject property is located approximately
1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive.
Senior Planner Skelton reviewed the application, noting the Zoning Commission voted to
approve PLI on the western portion and to consider BP in lieu of M-1 on the eastern 8.821 acres.
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City Attorney Luwe noted that, based on the Commission's previous decision, an M-1 zoning
designation would not be' in compliance with the master plan.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to deny the
request establishing an initial zoning designation on the east 8.821 acres of applicant's property as
M-l, light manufacturing, and direct staff to initiate a new Zone Map Amendment establishing an
initial zoning designation on the east 8.821 acres of applicant's property as BP, Business Park. The
motion carried i~y the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those
voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to direct staff to
bring back, for possible action by the Commission, an ordinance establishing an initial zoning
designation on the west 18.908 acres of applicant's property as PLI, Public Lands and Institutions,
as requested in zoning application Z-0044. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff, and Mayor Youngman; those voting No, none.
Presentation from VISTAs
VISTAs Cheryn Fairbairn, 416 West Olive, and Ashley Green, 408 South Tracy, presented an
overview of their year of service to the City of Bozeman. Highlights mentioned include master
planning activities, planning charettes, transportation planning, research on neighborhood councils,
formation of inter-neighborhood council, grant research, and affordable housing research.
The Commission thanked them for their hard work and a job well done.
Discussion - concerns for review of WalMart major site plan
Distributed just prior to the meeting was a memo from Senior Planner Skelton, dated March
30, 2001.
Commissioner Kirchhoff said there are a variety of concerns regarding the plan for the
proposed expansion of WalMart; and in the interest of being as fair and forthcoming with the applicant
as possible, the idea today is to communicate a list of Commission concerns. The Commission needs
to provide a list, and let the applicant devise ways to mitigate them.
Referring to his memo, which was distributed at the time of this discussion, Commissioner
Kirchhoff noted his concerns are based on the following guiding documents: the 1990 Master Plan,
Title 18 of the Zoning Ordinance, the North 7th Entryway Corridor guidelines, and the BAE Economic
Impact Study.
Commissioner Frost also compiled a list of his concerns, a copy of which was not available
for distribution, which he briefly shared with the Commissioners. He noted his concerns were based
on the same guiding documents as Commissioner Kirchhoff's.
Following some discussion, it was agreed the Commissioners would compile a list of concerns,
if they so choose, that they wish to have addressed by the applicant and have them submitted to the
Clerk of the Commission's office by Thursday, April 5th.
By a straw vote majority, it was agreed by the Commissioners to have another informal review
session with the applicant on April 23'".
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
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(1) Information on the Montana We#Care Workshop, scheduled for May 4 in Helena.
(2) E-mail note from Gary Vodenhal, Gallatin Valley Land Trust, regarding a proposed
donation of parkland along Bozeman Creek.
(3) Copy of the 2001 Ali-America City Award Application recently submitted.
(4) Information on the Innovative Community Partnership Program.
(5) Information on the Mayor's Institute on City Design.
(6) Minutes from the 9-1-1 Administrative Board meeting held on February 28, 2001.
(7)
2001.
Minutes from the Bozeman Area Bicycle Advisory Board meeting held on March 21,
(8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, April
3, at the Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Tuesday, April 3, at the Professional Building.
(10) Agenda for the Zoning Commission meeting to be held at 7:00 pm and the City
Planning Board meeting to be held at 7:30 pm on Tuesday, April 3, in the Commission Room.
During his FYI, City Manager Johnson stated he and Assistant City Manager Brey will be
attending the City Managers' meeting in Green River, Wyoming Wednesday through Sunday of next
week.
Commissioner Brown offered the following FYI item: He will be attending the Parking
Commission meeting on April 12th. It was agreed to declare this as a public meeting, as three or more
Commissioners may attend; and if so, Commissioner Brown agreed to take minutes.
It was also agreed to declare the Bozeman 2020 Master Plan public hearings, to be held on
April 10 and 12, as public meetings in the event three or more Commissioners should attend the same
session.
Break 7:20
pm.
In accordance with Commission policy, Mayor Youngman declared a break from 7:20 to 7:28
Public hearing - intent to vacate alley between Lots 7 through 12 and Lots 13 through 18, Northern
Pacific Addition, as established by Commission Resolution No. 3430
This was the time and place set for the public hearing on the intent to vacate the alley
between Lots 7 through 12 and Lots 13 through 18, Northern Pacific Addition, as established by
Commission Resolution No. 3430, entitled:
'COMMISSION RESOLUTION NO. 3430
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND
ABANDON A 150-FOOT-LONG SECTION OF THE EASTfVVEST ALLEY EXTENDING
WESTWARD FROM THE WEST RIGHT-OF-WAY LINE OF THE NORTH CHURCH
AVENUE RIGHT-OF-WAY BETWEEN LOTS 7 THROUGH 12 AND LOTS 13 THROUGH
18, BLOCK 117, NORTHERN PACIFIC ADDITION, IN THE CITY OF BOZEMAN,
MONTANA.
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Mayor Youngman opened the public hearing.
Engineering Assistant Kerr presented the staff report and reviewed the application, noting this
portion of the alley is not being used for travel at this time and has not been for quite some time as
evidenced by the growth of trees and bushes. Richard Stoltzfus has submitted an application and a
letter, which was signed by Rosa McHenry, Karen Stoltzfus, Virginia Caplett, 'and the Montana Power
Co. The Engineering Department recommends proceeding with this application.
Mr. Kerr noted one objection has been received by the Engineering Department. The Petition
to Vacate was signed by Rosa McHenry, Vicki McHenry Bredin and Sandra McHenry are tenants in
common, but Rosa McHenry still lives there. Now the McHenrys are objecting.
Commissioner Kirchhoff asked what the procedure is when one adjoining property owner
objects. Engineering Assistant Kerr replied the vacation can be approved if more than 50 percent of
the adjoiners want it. Commissioner Kirchhoff then asked what the purpose of this vacation is. Mr.
Kerr responded Mr. Stoltzfus wants to do a building project; and he will gain a setback advantage by
gaining 8 feet of property, which is half of the alley.
Richard Stoltzfus, applicant, 5740 Bridger Canyon Road, explained there currently is a 5ofoot
setback on the property. By gaining an extra 8 feet, he is hoping to move his building project back
5 feet to sit on the existing property line, while using the remaining 3 feet for landscaping. He noted
the City doesn't maintain the alley now; the neighbors cut down the weeds. By gaining that part
of the alley he could landscape it and be responsible for its maintenance. Mr. Stoltzfus reminded the
Commission this alley hasn't been used in quite some time; the trees in the right-of-way .at the access
point to Rouse Avenue are now 4 inches in diameter.
Engineering Assistant Kerr provided the Commissioners with pictures of the overgrown trees
and shrubs submitted by Mr. Stoltzfus.
Rosa McHenry, 425 East Aspen Street, stated she is against vacating this alley, as are her
daughters Vicki Bred~n and Sandra McHenry.
Don McHenry, nephew of Rosa McHenry, 1758 Jackrabbit Lane, said his aunt didn't
understand initially what she was signing. If the alley is vacated now, she will have no access to
the rear of her property. He mentioned that, before his death 4 years ago, the alley was maintained
by Mr. McHenr¥. The McHenrys want to be able to use the alley to gain access to the rear of their
property for gardening and fire protection. Mr. McHenry noted that while Mr. Stoltzfus' property
values will increase from this vacation, Ms. M.cHenry's property values will be decreased dramatically.
Ms. McHenry has stated she would not object to a zero setback for Mr. Stoltzfus's project as long
as she has access to the rear of her property.
Virginia Caplett, 415 East Aspen Street, stated she has a sense of fatalism living in an M-1
area; and she wants to support Rosa McHenry. She also expressed her concern for what is happening
in this residential neighborhood, in spite of its M-1 zoning. She noted she doesn't want the
responsibility for additional property upkeep, and she won't have access to the rear of her property
either.
Bill Kolwyck, 812 South Third, said he believes vacating an alley is wrong. The City needs
alleys for fire protection and garbage collection. He feels the City should cut down the trees so the
alley is accessible
Jon Gerster, 719 North Wallace, noted alleys have been a part of the fabric of this town and
have been identified as something to be replicated in the newer portions of Bozeman. Alley-way
service should be taken seriously and should be preserved. He believes abandoning alleys is short-
sighted.
Chris Nixon, 719 North Wallace, offered alleys are a part of the structure of old Bozeman; and
people repeatedly hear they are important. Therefore, it seems rather odd to eliminate an alley.
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Richard Stoltzfus said had he known there was this much opposition, he would not have
requested this vacation. However, he would like to see the City maintain this alley in the future.
Engineering Assistant Kerr stated the Engineering Department would not have proceeded with
this application if they had known there was this much opposition, but they did received the signed
petition.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Frost asked if the neighborhood decided they wanted to, could they petition for
down-zoning from M-1 to Residential? Planning Director Epple replied they could, or the Commission
could initiate it.
Commissioner Smiley offered she would prefer to not vacate. Commissioner Brown agreed,
saying the City shouldn't force vacation on neighbors who are not receptive.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to authorize and
direct staff to bring back an ordinance of vacation for the alley between Lots 7 and 12 and Lots 13
through 18, Northern Pacific Addition. The motion failed by the following Aye and No vote: those
voting Aye, none; those voting No being Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, Commissioner Brown, and Mayor Youngman.
Public hearing - change of names of various streets in the Durston Meadows Subdivision and Harvest
Creek Subdivision, the old Highland Boulevard and the new Oak Street, as established by Commission
Resolution No. 3431
This was the time and place set for the public hearing on the intent to change names of
various streets in the Durston Meadows Subdivision and Harvest Creek Subdivision, the old Highland
Boulevard and the new Oak Street, as established by Commission Resolution No. 3431, entitled:
COMMISSION RESOLUTION NO. 3431
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CHANGE THE
NAMES OF VARIOUS STREETS, INCLUDING STREETS WITHIN THE DURSTON
MEADOWS SUBDIVISION AND HARVEST CREEK SUBDIVISION, THE OLD HIGHLAND
BOULEVARD AND THE NEW OAK STREET IN THE CITY OF BOZEMAN, MONTANA.
Mayor Youngman opened the public hearing.
Engineering Assistant Kerr presented the staff report. He stated that under this resolution, the
following street name changes are proposed:
Change the spelling from "Golden Rod Lane" to "Goldenrod Lane" within Durston
Meadows Subdivision
Change the spelling from "Lillie Drive" to "Lily Drive" in both Harvest Creek
Subdivision and Durston Meadows Subdivision
Change "Snapdragon Road" to "Snapdragon Street" in Harvest Creek Subdivision
Officially change the name of that portion of the old Highland Boulevard alignment
from Ellis Street south to the new Highland Boulevard to "Old Highland Boulevard"
Rename those portions of the platted rights-of-way for North Montana Avenue and
East Birch Street that were incorporated into the alignment for the recently
constructed Oak Street to "Oak Street"
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Engineering Assistant Kerr reviewed the reasons for these changes; primarily incorrect
spellings, inconsistencies, and just "general clean-up".
Since there were no COmmissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to authorize and
direct staff to bring back an ordinance to change the names of various streets in the Durston
Meadows Subdivision and Harvest Creek Subdivision, the old Highland Boulevard, and the new Oak
Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman.
Those voting No, none..
Public hearinq - Public hearing - Major Site Plan - Ar)o.qee Architects for Family Walk-In Clinic - to
allow for renovation of existing structure and construction of 7,424-square-foot office complex on Lot
A-1 of Amended Plat of Lots A and B of Plat F-37-A and a portion of COS No, 116, Block 1, Kirk
Second Subdivision (120 North 19th Avenue) (Z-01013)
This was the time and place set for the public hearing on the Major Site Plan requested by
Apogee Architects for the Family Walk-In Clinic under Application No. Z-01013, to allow for
renovation of the existing structure and construction of a 7,424-square-foot office complex on Lot
A-1 of Amended Plat of Lots A and B of Plat F-37-A and a portion of Certificate of Survey No. 116,
Block 1, Kirk Second Subdivision. The subject property is more commonly known as 120 North 19th
Avenue.
Mayor Youngman opened the public hearing.
Senior Planner Skelton presented the staff report. He noted both the Development Review
Committee and the Design Review Board have reviewed this application in light of the established
criteria and recommend approval, subject to the conditions outlined in the staff report.
Staff has voiced concern with the streetscape facade on North 19 Avenue, feeling strongly
it is desirable to continue the false metal roof fascia of the south facade around to the west facade.
No public testimony has been received thus far.
V~n Bryan, Apogee Architects, stated the reason they elected to not bring the-southern roof
form around to the western facade is because the west elevation has a mansard roof with a 3 to 4
foot overhang; more of 60s style. The new facade is mission in character; and if the roof form is
carried around, it will be an insignificant element. They prefer to find other ways to give the west
elevation some character. He suggested columns could create something more interesting on the
western facade.
Commissioner Frost stated the west elevation is not appropriate from the view of the street,
and he assumes the new plan will address the street view. Mr. Bryan believes they can give that
view some relief without tying in the shed-type roof from the front facade.
Jon Gerster, 719 North Wallace Avenue, Tree Advisory Board, noted this plan is missing
boulevard trees. He feels the City shouldn't let a single opportunity go by without requiring the
planting of boulevard trees. It should be a "piece of cake" to plant appropriate species trees in the
existing boulevard, according to Mr. Gerster.
Chris Nixon, 71 9 North Wallace Avenue, reiterated what Mr. Gerster said, saying he has heard
lots of people say they like street trees. He noted there is already a boulevard; make sure street trees
are Planted there.
Dean Center, 909 South Third Avenue, noted there are approximately 26 trees across the front
of the property and asked the Commission to give them some discretion on trees.
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Commissioner Frost replied the Commission is not suggesting they remove any existing trees;
only asking to. have boulevard trees added to the plan.
Senior Planner Skelton reminded the Commissioners that North 1 9th Avenue is under the
jurisdiction of the Montana Department of Transportation (MDoT), so trees must be planted on the
applicant's property. The property line makes it difficult to install boulevard trees, but they will try
to incorporate two or three boulevard trees in the plan.
Planning Director Epple added a regular boulevard street tree can be incorporated into the plan,
but not in the public right-of-way unless permi.ssion is granted by the MDoT.
Senior Planner Skelton suggested if the Commission entertains requiring the planting of one
or more boulevard trees, input be sought from a nursery person to determine if they will survive.
Planning Director Epple said it would be good if the Commission formally requested allowances
for boulevard street trees on. North 19th Avenue from MDoT. Mayor Youngman suggested the
Commission ask the Tree Advisory Board to back them up on that request as well.
Mayor Youngman stated she would like further staff comment regarding the facade. Senior
Planner Skelton responded staff doesn't want to totally throw out the metal roof fascia referred to
in Condition 15, but would include "or" rather than "and" in Condition 15 when referring to
incorporating two or more architectural features into the building design.
Commissioner Kirchhoff asked what the problem is with wrapping the roof around the west
side. Mr. Bryan answered the roof is very steep; and if they were to mimic the pitch, it would be very
shallow and without much visual character, He said they need latitude to work with the Design
Review Board to achieve their desires without using those roof lines.
Commissioner Frost wanted to include language in the conditions stating the luminaire will not
protrude below the shield. Senior Planner Skelton replied he has asked Mr. Bryan to bring details of
the proposed fixtures for Commission approval. Commissioner Frost said he feels the wording of the
conditions regarding exterior lighting need to be more specific indicating the luminaire will not protrude
below the shield. He feels the wording "direct light downward and/or away from any adjoining
properties and shall not detract from driver visibility on adjacent streets" does not fully address the
lighting issues.
Planning Director Epple suggested adding a condition stating subject to MDoT approval,
boulevard trees will be planted at regular intervals.
Since there were no objections, Mayor Youngman cloSed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to approve
application Z-01013, to allow for renovation of the existing structure and allow construction of a
7,424-square-foot office complex at 120 North 19th Avenue, subject to the following conditions:
A stormwater water maintenance plan shall be provided to and
approved by the City Engineer. The plan shall include a
description of maintenance operations, frequency of inspects,
and responsible parties and record-keeping methodology.
The distinction between existing and proposed stormwater
facilities shall be clearly depicted on the site plan.
The existing stormwater "v-ditch" located along the north side
of the site shall be cleared of debris.
That the applicant provide a common signage plan .for said
project depicting location, general style, size, materials, color,
and method(s) of illumination, for review and approval by the
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o
o
10.
11.
12.
Planning Office prior to final site plan approval.
That the applicant specify the exterior light fixtures, both free-
standing and wall-mounted, to be used for exterior illumination
of the project that also includes a typical detail of the fixture
depicting the type of illumination bulb and illumination output, to
be used for review and approval prior to final site plan approval.
All exterior light fixtures shall be so arranged to direct light
downward and/or away from any adjoining properties and shall
not detract from driver visibility on adjacent streets. In addition
to be directed downward, the luminaire shall not protrude below
the shield.
All retention/detention ponds located in the required yard
setbacks shall not exceed a maximum slope of loin-4 and a
depth of 1.5 feet, and that it be noted accordingly on the final
site plan.
That the site plan adequately dimension all two-way drive aisles,
off-street parking back-up maneuverability, sidewalks, and
landscape island to confirm compliance with the Zoning
Ordinance, for review and approval prior to final site plan
approval.
That prior to issuance of a building permit to proceed with
construction of the second structure, the applicant shall
aggregate the two subdivision lots or confirm that said property
consists of one Parcel of land.
That all roof-top and/or ground-mounted mechanical equipment
shall be noted accordingly on the site plan and exterior
elevations and shall be properly screened from adjoining
properties and public streets, and that typical details of all
screening devices shall be noted accordingly on the site plan for
review and approval prior to final site plan approval.
That 7 copies of the final site plan containing all of the
conditions, corrections, and modifications approved by the City
Commission Shall be submitted for review and approval by the
Planning Director within 6 months of the date of City
Commission approval. A copy of the approved final site plan
shall be forwarded to the Building, Street/Sanitation,
Water/Sewer, Engineering, and Fire Departments by the Planning
Office, and one copy shall be retained in the Planning Office file.
That the applicants shall enter into an Improvements Agreement
with the City to guarantee the installation of required on-site
improvements at the time of final site plan submittal. Detailed
cost estimates, construction plans, and methods of security shall
be made a part of that agreement.
That a Building Permit must be obtained prior to the work and
must be obtained within one year of final site plan approval.
Building Permits will not be issued until the final site plan is
approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of
the final site plan, including excavation and footing preparation,
but NO CONCRETE MAY BE POURED UNTIL A BUILDING
PERMIT IS OBTAINED.
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14.
15.
16.
17.
18.
19.
That the applicant, upon submitting the final site plan for
approval by the Planning Director and prior to issuance of a
building permit, will also submit a written narrative outlining how
each of the above conditions of approval have been satisfied.
That the applicant provide a common signage plan for said
project depicting location, general style, limitations of graphic
design, dimensions, materials, color, and method(s) of
illumination, for review and approval by the Planning Office prior
to final site plan approv, al.
That the applicant continue the false metal roof fascia, or similar
architectural feature, along the west facade of the existing
building (similar to that of the south elevation) and incorporate
two or more of the following architectural features into the
building design for review and approval by the Planning Office:
1 ) use of natural materials similar to the cultured stone columns
along the suggested wainscot of the structure
2) stronger emphasis or relief along the wainscot and facade
openings
3) exaggerated cornice lines and detail at the parapet wall
4) emphasize horizontal bands though the use of color, protruding
courses, joint detail, wide reveals, or combination thereof
5) use of additional materials and finish
That any proposal for wall-mounted light fixtures reflects a
similar style to that of the freestanding light fixture.
That the applicant provide on the site plan and exterior
elevations the location of all roof-top and/or ground-mounted
mechanical and utility equipment, including ground-mounted
mechanical power and telephone boxes, as well as a typical
detail illustrating the materials, color, and method of screening
used to screen the equipment from adjacent properties and
public streets, for review and approval by the Planning Office
prior to issuance of a COA and final site plan approval.
That the applicant obtain a Building Permit within one year of
receiving a Certificate of Appropriateness and major site plan
review approval and prior to proceeding with construction of the
project.
Provided the Montana Department of Transportation gives
approval, the applicant will provide regularly spaced boulevard
trees in the right-of-way.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman.
Those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to formally request
approval from the Montana Department of Transportation to allow the planting of boulevard trees on
South and North 19th Avenues. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff,
and Mayor Youngman; those voting No, none.
04-02-2001
-12-
Public hearing - Minor Site Plan with deviations from Section 18.50.110, Bozeman Municipal Code -
Locati Architects for Mitch Simkins - allow remodeling of 14,000-square-foot building on the East 17
feet of Lot 5, all of Lots 6 and 7, and the north portions of Lots 22, 23 and 24, Block C, Rouse's
Addition, to accommodate four new office spaces, with deviations to reduce number of required on-
site parking spaces from 48 to 20, reduce required two-way drive aisle width from 26 feet to 24 feet,
allow parking to encroach 3 feet into required 8-foot side yard setback, and eliminate the required
minimum 3-foot sidewalk between the building and adjacent parking lot (612 East Main Street)
(Z-01014)
This was the time and place set for the public hearing on the Minor Site Plan requested by
Locati Architects for Mitch Simkins under Application No. Z-01014, to allow for remodeling of the
14,000-square-foot building on the east 17 feet of Lot 5, all of Lots 6 and 7, and the north portions
of Lots 22, 23 and 24, Block C, Rouse's Addition, to accommodate for new office spaces, with
deviations from Section 18.50.110 of the Bozeman Municipal Code, to reduce the number of required
on-site parking spaces from 48 spaces to 20 spaces, reduce the required two-way drive aisle width
from 26 feet to 24 feet, allow parking spaces to encroach 3 feet into the required 8-foot side yard
setback, and eliminate the required minimum 3-foot-wide sidewalk between the building and adjacent
parking lot. The subject property is more commonly located at 612 East Main Street and currently
houses the Antique Mall.
Mayor Youngman opened the public hearing.
Assistant Planner Caroline presented the staff report, noting the Planning staff, Design Review
Board, and Development Review Committee have reviewed this application and find it is in compliance
with the established criteria; and, therefore; recommend approval subject to' conditions.
Ms. Caroline noted the access agreement with CMC, property to the east, allows for
ingress/egress only, which necessitated the redesign of the stormwater retention area, eliminating two
parking spaces. The requested deviations are to reduce the number of parking spaces from 48 to 20,
including one handicapped, to reduce the required two-way drive aisle width from 26 feet to 24 feet,
to encroach into the required 8-foot side yard setback, and to eliminate the required 3-foot sidewalk
between the building and adjacent parking lot.
Assistant Planner Caroline mentioned the Design Review Board's recommendation that the
applicant enter into a shared parking agreement with a neighboring property owner, Delaney property
north across Main Street, in order to obtain 18 additional parking spaces. The applicant does not
want to consider this because of safety concerns associated with crossing Main Street and poor
lighting.
Commissioner Frost expressed concern about the drainage of water across the sideWalk, and
Ms. Caroline responded by noting the crown in the drive approach will direct the water back, away
from the sidewalk.
Commissioner Brown questioned the number of parking spaces for this project, as well as
others on East Main Street. Assistant Planner Caroline stated other projects on East Main Street have
also requested a reduction in the number of required parking spaces.
Referring to condition 8, Ms. Caroline explained that the requirement is for all off-street parking
areas to have a 6-inch by 6-inch perimeter curb around the entire parking area, including the drive
access ways. However, it is hoped if, or when, the CMC property changes hands, the applicant may
be able to obtain additional footage within the access easement to provide for more parking.
Therefore, the applicant does not want to install perimeter curbing now but will provide a financial
guarantee that it will be completed.
Jeff Sandholm, Locati Architects, reiterated that limitations of the easement agreement make
it impossible to provide the required 3-foot sidewalk between the building and adjacent parking lot.
He petitioned the Commission to approve.'this project based upon the Development Review
Committee's recommendations. He added the Design Review Board's recommendation to rearrange
the parking on the east side of the building in order to accommodate the sidewalk will eliminate a
04-02-2001
-13-
parking spot and reduce the stormwater drainage area, and he urged the recommendation to be
disregarded.
Tom Simkins, 2005 Wilderness Drive, stated they would like to be a part of the revitalization
of East Main Street and have looked at several different choices to accomplish that, including
demolishing the building, leave it as is, or fix up the building and try tO cater to higher-end rentals;
and they have decided to invest a sizeable amount of money to improve the property. He noted this
building has a history, which they would like to try to preserve.
Commissioner Kirchhoff agreed that requiring parking across Main Street is not a good idea,
but questioned the availability of parking spaces. Mr. Simkins replied all businesses in the old part
of Main Street have that same problem, and he anticipates the market will dictate rental to those
businesses that do not have the public coming in frequently. They are hoping for primarily foot traffic,
noting they definitely want a sidewalk; but that is not feasible with the access easement the way it
is written now. Planning Director Epple added there will be people walking on the sidewalk on East
Main Street and then behind parked cars in the lot, which is not the best situation; but there is hope
that in the not too distant future the parking can be shifted away from the building.
Chris Nixon, 71 9 North Wallace, stated he is in favor of this project and reducing the parking
requirement is something the City has to live with on these old lots to save these historic structures
and make them vital to the community.
Jon Gerster, 719 North Wallace, agreed with Mr. Nixon, noting parking is an issue, but there
needs to be a give and take between cars and the historical value of these old buildings. He
applauded the Simkins for undertaking this project and suggested the financial commitment for the
perimeter curbing be extended to two years rather than only one since the library buildout will be
beyond the one year. He suggested this easement could be used as part of the library access
easement as well.
Planning Director Epple stated the addition of another year for the financial guarantee should
not be problematic. He suggested the Commission leave the guarantee period open-ended and
suggested wording similar to "financially guarantee the perimeter curbing as part of an Improvements
Agreement for a period of one year, renewable for one-year increments if deemed necessary by the
Planning Director".
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve
application Z01014, to allow the remodeling of a 14,000 square foot building to accommodate four
new office spaces with deviations at 612 East Main Street subject to the following conditions:
Per Section 18.50.035 (R), one bike rack will be required to be installed
at an appropriate location and shown on the final site plan.
The one handicap space shown on the final site plan shall be van
accessible and accurately dimensioned and signed. Details and
specifications shall be shown on the final site plan.
Historic pedestrian lighting is required to be installed along Main Street in
the area directly to the north of the building. Applicant shall contact the
downtown improvement, engineering company, Stahley & Associates, in
order to determine the appropriate spacing and location in relation to
back-of-curb. Design and specifications shall be shown on the final site
plan.
Pedestrian lighting along Main Street shall incorporate within the light
fixture itself, a shield to direct light in a downward direction. D~tails and
specifications, including bulb size and type, shall be reviewed and
approved by the Planning Office prior to final site plan approval.
04-02-2001
-14-
o
o
°
For the City of Bozeman garbage collection service, the trash enclosure
location and size shall be approved by the City Sanitation Division prior to
final site plan approval. For private garbage collection service, a copy of
the proposed final site plan showing the enclosure location and size shall
be submitted to the private company for their review and approval. A
copy of the proposed final site plan which has been approved and signed
by a representative of the private company shall be submitted with the
final site plan application.
Applicant shall supply water to the existing street trees by way of a
permanent irrigation system.
The stormwater detention pond #2 may not be located within an
easement area. This pond will need to be relocated and proposed new
location shown on the final site plan.
Yellow curb painting shall be required along Main Street according to the
following:
West of the street vision triangle for 30 feet
East of the street vision triangle for 10 feet
Per Section 18.50.110.B.11, all open off-street parking areas and
driveways shall have a 6-inch by 6-inch perimeter concrete curb around
the entire parking lot, including drive accessways. Applicant may
financially guarantee the perimeter curbing as part of an Improvements
Agreement for a period of one year after occupancy, which may be
renewed by one-year increments subject to approval by the Planning
Director. This may be done since the ownership of the adjacent parcel to
the east may change allowing for more on-site parking or possible
inclusion of parking within the access easement that exists between the
two parcels.
Any lighting, including that for security purposes, used to illuminate an
off-street parking area, sign or other structure, shall be arranged so as to
deflect light down and/or away from any adjoining properties and shall not
detract from driver visibility on adjacent streets. Luminaries and lenses
shall not protrude below the edge of the light fixture. Final site plan shall
show the location for, and a detail of, any proposed wall mounted and/or
signage lighting.
10.
11.
12.
Lighting standards used to illuminate off-street parking areas shall not
exceed 20 feet or the height of the tallest building on the lot, whichever
is lower.
Landscape plans shall be prepared and certified by a registered Montana
landscape architect; an individual with a degree in landscape design and
two years of professional design experience; or an individual with a
degree in a related field and at least five years of professional design
experience.
Permanent irrigation systems shall be provided to all landscaped areas.
Details and specifications shall be noted on final landscape plans.
All landscape plans shall meet the requirements of the Landscape
Performance Standards. Thirteen landscaping points are required for this
project and have been met on submitted landscaping plans.
04-02-2001
15-
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Preliminary site plan shows a boulevard tree in the middle of a detention
pond//1. As this location is not allowed, the applicant shall relocate the
tree to an appropriate location. In addition, applicant shall install additional
plantings, such as shrubbery, Iow bushes or small hedges along the edge
of detention pond //1 in order to meet the minimum landscaping point
requirement.
Applicant shall install temporary protective barriers around the existing
street trees during construction in order to eliminate disturbance or
damage to the trees.
The domestic water service must be brought into compliance with current
'back-flow standards.
The location of the domestic water and sanitary sewer service must be
shown on the site, landscape, and paving plans.
· The proposed fire line m. ust be designed according to the City of Bozeman
standards.
Applicant must' provide an engineered plan and profile design of the
proposed fire line for review and approval by the Water/Sewer
Department and the Engineering Department.
The owner shall be responsible for the installation of the fire line.
Applicant must file for the appr.opriate fire service line application, at the
Building Department.
A Montana Department of Transportation (MDT) permit must be obtained
to cut Main Street for the installation of the fire line.
Plans and specifications for any fire service line shall be prepared in
accordance with the City's Fire Service Line Policy by a professional
engineer, licensed in the state of Montana, and be provided to and
approved by the City Engineer prior to initiation of construction of the fire
service or fire protection system. The applicant shall also provide
professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
A revised Storm Water Drainage Plan/Treatment Plan and Maintenance
Plain for a system designed to remove solids, silts, oils, grease and other
pollutants from the run-off from the private and/or public streets must be
provided to and approved by the City Engineer. The plan must
demonstrate adequate site drainage (including sufficient flow directional
arrows and spot elevations along drainage courses), storm water
detention/retention basin details (including basin sizing and discharge
calculation and discharge structure details), storm water discharge
destination and a storm water maintenance plan. If the grading design
discloses any adverse impact to off-site properties, necessary design
alterations and/or drainage conveyance devices and easements must be
pTovided.
The storm water drainage/treatment plan shall include a maintenance
plan, which must be provided to and approved by the City Engineer. The
plan shall include the following: description of maintenance operations,
frequency of inspections and maintenance, responsible parties, and record
keeping methodology.
04-02-2001
-16-
Specifically:
1 .Retention Pond #2 may not be located in the ingresse/egress easement
2.Retention Pond #3 shall be clearly identified
3.Identification of the retention pond for the 6" overflow from the drywell
4.The concrete lid on the drywell shall be water tight to prevent storm
water runoff from the parking lot surface from entering the drywell
24.
Applicant shall financially guarantee the installation of a 3 or 5 foot
sidewalk along the east side of the building, which shall be constructed
by the applicant if the City of Bozeman acquires the adjacent CMC
property, or if other circumstances, avail themselves, allowing the
applicant to pull parking back away from the building into the existing
ingress-egress easement area, and otherwise allowing for modification of
the parking lot configuration, within 3 years of occupancy of the building.
If no such opportunity avails itself within three years from the date of
occupancy, this financial guarantee requirement will become null and
void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman;
those voting No, none.
Continued public hearing - Conditional Use Permit and Certificate of Appropriateness for removal of
existin(~ eara.qe, construction of a new 26-foot by 38-foot two-story, two-car garage/office/accessory
dwelling attached to main residence through enclosed colonnade and patio addition, and si,qnificant
modifications and addition to existing residence on Lots 21-24, Block 10, Butte Addition; with
deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110, Bozeman Municipal
Code, to allow proposed gara.qe/office/accessory dwelling unit to encroach 14 feet into required 20-
foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback,
new unit to occupy more than 25 pbrcent of required 20-foot rear yard setback, and allow reduction
...o.f..on-site parkinq spaces from four to two - Thomas Bitnar for Brent and Lindsay Wilson, 1002 South
Third Avenue {Z-01008)
This was the time and place set for the continued public hearing on the Conditional Use Permit
and Certificate of Appropriateness requested by Thomas Bitnar for Brent and Lindsey Wilson, under
Application No. Z-01008, for removal of existing garage, construction of a new 26-foot by 38-foot
two-story, two-car garage/office/accessory dwelling attached to main residence through enclosed
colonnade and patio addition, and significant modifications and addition to existing residence on Lots
21 through 24, Block 10, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C.,
18.50.050.G., and 18.50.110 of the Bozeman Municipal Code, to allow the proposed
garage/office/accessory dwelling unit to encroach 14 feet into required 20-foot rear yard setback,
additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy
more than 25 percent of required 20-foot rear yard setback, and allow reduction of on-site parking
spaces from four to two spaces.
Mayor Youngman reopened the public hearing.
Historic Preservation Planner Strahn presented the staff report. He noted by staff's count they
have received 16 letters, representing 14 people in support and 20 people in opposition. The fact that
so many members of the public have testified signifies this is a neighborhood that the public feels
strongly about. He recognized this was a tough project to review, and staff has attempted to find
some sort of middle ground that will be acceptable to all parties. Mr. Strahn acknowledged this is
an historically significant property; and he has attempted to address the significant concerns raised
by the neighbors while making the project as historically correct as possible, as well as making it
more compatible with the Secretary of the Interior's standards and still allow the project to go
forward.
He summarized the applicants' position, noting that when they met with staff they expressed
their desire to invest in an historic property. Based on staff's initial recommendations, the applicants
04-02-2001
17-
agreed to resist tearing down this structure since staff could not support that. They also have agreed
to keep the form of the house at two stories and to limit the size of the garage to two-car. The
applicants voluntarily held a neighborhood meeting early on, when the drawings were still incomplete,
in an attempt to inform the neighbors of their intent. Following noticing of the project, staff began
receiving letters of concern from the neighbors, which were generally in opposition. In response to
neighborhood concerns, additional concessions were made by the property' owners. They agreed to
reduce the height of the fence to 6 feet and will plant large caliper trees in response to the loss of
the mature trees. The applicants also agreed.to go back to a more traditional window form in the
main structure and out building; more in keeping with the Craftsman style. The applicants do not,
however, feel they can eliminate the colonnade; and they have expressed a very strong desire to
retain it because it will provide an all-weather connection between the garage and the main residence
and will house the mechanical systems in its lower level.
Historic Preservation Planner Strahn related neighborhood comments in support generally
centered around the fact this is a well designed project using quality materials, it will increase property
values, it is good for the neighborhood overall, and a young family is an asset to the social character
of this neighborhood as opposed to another rental property.
Mr. Strahn noted the main opposition expressed is the size and scale of the proposed project.
Other concerns voiced include the loss of the mature veget'ation, originally the fence was a concern
but has been addressed, openness is a character-defining feature and enclosing the property is not
consistent with overall patterns in the neighborhood, overflow parking is a concern, and the colonnade
is very problematic.
Following review based on the established criteria, the Development Review Committee voted
unanimously for project approval subject to the conditions recommended by staff. The Design Review
Board reached a split decision, 3 for/3 against, with the colonnade being the central matter. While
all members agreed the colonnade was problematic, they disagreed on its elimination or requiring it
be set back and fully glazed for a transparent appearance.
Historic Preservation Planner Strahn outlined staff's position, stating there are two deviations
required and historic appropriateness and impact to the abutting neighbors are the criteria to be
considered for granting deviations. Mr. Strahn made it perfectly clear that staff will support the
deviations with the conditions placed on this project. Staff feels the accessory unit should be a
detached structure, not attached by a colonnade, and should remain on the alley, not moved closer
to the main dwelling unit. There is no 'precedent for a colonnade of this length on the south side of
Bozeman, and this wall plane is out of character for the neighborhood. Mr. Strahn stated staff is also
concerned this project is not compatible with the Secretary of the Interior's standards, which are
guidelines used to evaluate the historical appropriateness of structures.
In summary, Planner Strahn stated eliminating the colonnade will save one additional mature
tree, will lessen the impact on the abutting neighbors, will make this project more compatible with
the neighborhood and the Secretary of the Interior's standards, will make this project more compatible
with the zoning ordinances, and most importantly, elimination of the colonnade would allow the
essence of this project ti) move forward.
Commissioner Kirchhoff noted size and scale are the words heard most often when
determining historical appropriateness, and the discussion has been focusing on the colonnade. He
asked why size and scale aren't applica.ble to the southern addition. Mr. Strahn replied the guidelines
suggest new and innovative design should be allowed to take place in historic neighborhoods; and
while this is a very large addition, it does not dominate the large main structure. The colonnade is
different because it is an enclosed architectural form used to join two structures and is without
precedent in the neighborhood.
Commissioner Frost asked for clarification of the Design Review Board split vote, and Mr.
Strahn explained the recommendation from one member was to move the colonnade 2 feet farther
to the south and require it to be fully glazed for a transparent quality to lessen its impact from
Cleveland Street. While three members agreed with. this approach, three others felt that, once
constructed, there would be nothing to stop 'the owners from adding curtains, closets, etc. inside the
04-02-2001
18-
colonnade space, thereby eliminating the transparent appearance.
Thomas Bitnar, project architect, 502 South Grand, stated that when this home was built in
1920, it was a typical middle-class house; and, therefore, this structure has little significant historical
value. This is a diverse neighborhood both in size and style of the. buildings. He noted the south
addition follows historical precedent, and the colonnade is inspired by the leader of the Arts and Crafts
movement in California. This historic district is full of porches used to connect the main building and
the garage. The purpose of the colonnade is to allow for privacy from Cleveland Street travel, an
underground space for a mechanical room, and an enclosed walkway between the house and the
garage. Mr. Bitnar noted other colonnade~ exist in the historic district and it is an important design
element of this project. He added the Historic Preservation Board has not stated any objections.
Ken Ryder, 533 South Black Avenue, general contractor for the project, said he has completed
a number of large-scale projects in the historic south side. He distributed copies of a handout, which
he read from and which reiterated much of what Mr. Bitnar had previously said.
Brent Wilson, applicant, 1107 South Fifth Avenue, said they want to build the best house they
can for their family; one that provides functionality for them. He stated they have tried to .address
everyone's concerns as much. as possible. He feels the arguments surrounding the colonnade are
unwarranted, saying it only provides a connection to the garage, a barrier to noise from Cleveland
Street, and a place to put the mechanical room.
Ron Tharp, 1001 South Grand, noted it is interesting how many letters this project has brought
forward and how the ones in opposition are so specific, and he believes those expressed concerns
should be heeded in the Commission's deliberations. He noted that upon moving into an historic
district it is a given there will be many guidelines to adhere to and "hoops to jump through". Mr.
Tharp acknowledged a lot of work and thought has gone into this project, and the design changes,
particularly the windows, have been great improvements. He feels eliminating the colonnade will
make the variances compatible with other variances that have been granted in the area. It will also
allow retention of two of the mature trees, which is highly desirable. Mr. Tharp also mentioned that
during its lifetime, this home will be owned by more than one individual; and the further uses of such
a home and accessory unit cannot be anticipated.
Jim Webster, 311 South Third Avenue, noted a lot of good points have been brought forward;
and it isn't possible to freeze things in time and not make any changes. He challenged the
Commission to look at the merits of the project itself, suggesting staff hasn't looked at this project
from the homeowners' angle. The Commission should be happy that the applicants are not
contributing to sprawl. He suggested it doesn't matter if there is no precedent, someone has to be
first; things cannot come to a grinding halt, even in an historic district.
Jori Gerster, 719 North Wallace, agreed with Mr. Webster, saying this is an innovative design
and the Commission needs to let buildings evolve into the 21st century. He feels it is encouraging
these people want to live in town rather than build on a ridge somewhere out of town.
Stewart Mitchell, 705 South ~Tracy, noted attached garages have tremendous function, and
this is an historic adaptation of the attached garage. He feels this project is not massive compared
to other homes in the area.
Jim Earl, 1010 South Third, Said he has'reviewed the plans and read staff's report, and he
believes Historic Preservation Planner Strahn has done a lot of work to find a good compromise for
this project. He urged the Commission to support Mr. Strahn's recommendations, saying it represents
an excellent compromise. He noted the colonnade will affect all who traverse Cleveland Street.
Claude Matney, 119 West Cleveland, said he loves the neighborhood, and the best thing is
its diversity. If the Commission says no to this project, they are saying no to what is happening in
the neighborhood in 2001; and he urged the Commission to approve this project.
Brian Gallik, Goetz Law Firm of 35 North Grand, and here on behalf of the applicants, said he
wanted to commend the Wilsons for the compromises they have made while working with the
04-02-2001
-19-
neighborhood. He noted Master Plan goals include preserving the existing housing stock in Bozeman,
and the Wilsons want to rehabilitate, rather than demolish, an historic structure; and the accessory
dwelling unit is fully consistent with city infill policy. He pointed out the Secretary of the Interior's
standards are only guidelines, even though Bozeman Municipal Code has adopted them. Mr. Gallik
stated he submits this project is fully in accord with the Secretary of the Interior's standards, the
zoning code, and the Master Plan.
Historic Preservation Planner Strahn stated he would like to respond to Mr. Bitnar's comment
that the Historic Preservation Board has reviewed this proposal and there were no comments in
opposition. Mr. Strahn stated that was not the case; there were a diversity of opinions expressed by
the Historic Preservation Board, and it is important to realize that Mr. Webster is speaking as an
individual and not a representative of the Historic Preservation Board. Planner Strahn then reiterated
staff's prospective, saying this process has been hard for staff, the owners, and the neighbors alike
and is causing substantial stress. Staff feels there is a middle ground; and they are hoping to reach
a compromise by addressing some of the neighborhood concerns, while allowing this project to go
forward. He believes the placement of the mechanical system can be addressed even if the colonnade
is eliminated.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Smiley stated colonnades are accepted now, and this house does need
updating. She is concerned the Commission doesn't take enough advantage of new ideas. She
characterized this project as a nice upgrade and voiced her support.
Commissioner Brown noted this project has a lot of desirable features and has been carefully
thought out. However, the major concern is the colonnade, which presents too much length of
structure against the sidewalk on Cleveland Street. He added there have been a lot of letters received
in opposition from the neighbors.
Commissioner Frost characterized this as a positive project, stating it is too late in the evening
and he would rather not make a decision now. He requested the decision be postponed for one week,
saying he wanted to think about the Secretary of the Interior's standards and the applicants' desires,
which is going to take some time. He said he likes the design and has no problems with anything
other than the colonnade.
Mayor Youngman noted it only takes one Commissioner to request the delay of a decision;
therefore, a decision will be delayed for one week. She offered she would be adding up the comments
on the colonnade, the comments regarding the loss of mature trees, and the accessory dwelling
comments. The Mayor stated the Commission needs to weigh the deviation criteria against the
effects identified by the most affect properties; and of those, five are not supportive of the colonnade
and one or more other elements, one was supportive, one did not comment, and one is out of the
country.
Commissioner Kirchhoff added mass and scale are what are significant here and significant
comments have been made with regard to both of them. This is an historic district and the Secretary
of the Interior's guidelines need to be considered, including the portion saying modifications should
be innovative. However, those modifications need to assimilate to the historic district, and he feels
staff's report upholds the spirit of this historic neighborhood.
Mayor Youngman stated this item will be brought back for a decision on next week's agenda,
shortly after 6:00 pm.
Adjournment - 10:48 pm
There being no further business to come before the Commission at this time, it was moved
by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those
voting No, none.
04-02-2001
- 20 -
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
MAR~NGMAN, Mayor
PREPARED BY:
KAREN L. DeLATHOWER '
Deputy Clerk of the Commission
04-02-2001