HomeMy WebLinkAbout09-20-17 Public Comment - T. Minge - UDC Update, ADU SetbacksFrom:Tammy Minge
To:Agenda
Subject:UDC-ADU-Accessory building setbacks & locations
Date:Tuesday, September 19, 2017 7:58:49 PM
Attachments:UDC-ADU-Accessory Building setbacks & location.pdf
Please submit the attached documents for public comment.Thank you!
-- Tammy Minge
Licensed Architect/Master Certified Green ProfessionalFrog Rock Design, LLP
P.O. Box 6216Bozeman, MT 59771
406.581.0527
19 September 2017
Bozeman City Commission + Tom Rogers, Senior Planner, AICP City of Bozeman
Department of Community Development
RE: UDC Update
SUBJECT: Chapter 3 (pg. 235) Detached Structure Setbacks & ADU Location
Greetings -
I am writing in support of Architect Rob Pertzborn’s recommendations on
detached Structure setbacks in his letter dated September 11th.
As part of the current UDC update and review, he asks that Staff and the City
Commission consider revising/adding language to the UDC (38.360.030.I.3) in
relation to setbacks where alleys are present (See Rob’s letter for requested
code language change).
As an architect working in our neighborhoods for the past 20 years in our
Bozeman community, I agree with Rob’s assessment that these changes will
result in better backyards, will be more in keeping with historic neighborhood
precedents that make the historic areas so charming, will create safer alleys and
will encourage detached well designed garages (all while maintaining required
distances for backing up, parking, massing, etc. The 20’ R.O.W. alleys with 20’
setbacks on each side proposed in the updated UDC (60’ effective visual width)
can result in faster moving traffic and less safe conditions).
As part of the current UDC update and review, I also ask that Staff and the City
Commission consider revising/adding the following sentences relating to
location of ADU’s , Sec. 38.360.040. - Accessory dwelling units (ADU).
(38.22.030)
The current subsection reads (emphasis added):
C. Supplemental ADU provisions for the R-S and R-1 districts: 23. Location: The accessory dwelling unit may be: a. A part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria:
(1) Lot area per Table 38.320.020 is provided. (1) The ADU is created only in a singlehousehold detached dwelling unit on a lot of 6,000 square feet or more. (2) The ADU does not exceed one-third of the total area of the principal structure. (3) The ADU is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than ten percent of the principal structure's existing living area (exclusive of the garage). (34) If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must only be located in the rear or side yards be on a façade different than thatof the main entry.. b. Located above a detached garage only in subdivisions receiving preliminary plat approval after January 1, 1997. Location within the principal dwelling is not restricted by the date of platting. The proposed edited subsection would read (emphasis added):
23. Location: The accessory dwelling unit may be: a. A part of the principal dwelling unit, provided the ADU is clearly incidental to the principal dwelling unit and meets all of the following criteria: (1) Lot area per Table 38.320.020 is provided. (1) The ADU is created only in a
single household detached dwelling unit on a lot of 6,000 square feet or more. (2) The ADU does not exceed one-third of the total area of the principal structure. (3) The ADU is created only through internal conversion of the principal structure or constructed above a garage. Minor exterior changes may be made on the building, if the square footage added constitutes no more than ten percent of the
principal structure's existing living area (exclusive of the garage). (34) If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must only be located in the rear or side yards be on a façade different than that of the main entry..
Striking the language on plat approval date:
You can have an ADU within the principal structure that is up to 1/3 of the total
area, but you can not have a 600 sq. foot detached ADU if your house was
platted prior to 1997. Therefore, the only reason for tying plat dates with
attached vs. detached ADU’s is an attempt to preserve the historical home stock
and historical character in the Historical Overlay Districts and is not about
density or safety. Per the attached photos and diagrams, it is clear that large
additions to historical homes, are much more impactful than smaller detached
ADU’s built at the alley. These larger homes do not add to the downtown
housing stock or help home owners create additional sources of income to pay
their taxes in these more expensive neighborhoods. The code as it is currently
and proposed by the planning staff encourages those that want to develop their
lots to attach their primary home to their garage, building all the way across
their lot and discourages new ADU’s from being built in the older
neighborhoods.
We propose this change for the following reasons:
-Detached 600 sq. foot ADU’s are smaller than larger additions that are attached
to garages.
-Detached ADU’s are in alignment with the historical precedent in the Overlay
district of a primary house with a carriage house or small garage in the back.
-Detached ADU’s preserve neighbors solar access compared to additions that
build out the whole lot. Attached structures can ruin the ability for gardens and
sunshine to the neighbor to your north.
-Detached ADU’s preserve the ability to connect with your neighbor over your
backyard fence instead of looking at a wall.
-This change allows less regulation and more flexibility of design.
-This change allows for homeowners in the historical neighborhoods to keep
their backyards and have rental income (I have had clients who have chosen not
to put in ADU’s because they are in the R-1 historical district or have a single
story home in an R-2 district and do not want to build a large addition on their
historical home or build all the way across their lot). Eventually when these
homes are sold, someone may make a different choice.
2000 SQ. FOOTHOME W/1200SQ.FOOT FOOTPRINTDETACHEDGARAGE W/ADU ABOVE ORSINGLE STORY ADU600 SQ. FT. DETACHEDGARAGE W/ADU ABOVE ORSINGLE STORY ADUALLEYSTREET
2000 SQ. FOOTHOME W/1200SQ.FOOT FOOTPRINTEXISTING HISTORICHOME800 SQ. FOOTATTACHEDGARAGE W/LIVING SPACEABOVEALLEYSTREET500 SQ. FOOTCONNECTOR ADDITION
2000 SQ. FOOTHOME W/1200SQ.FOOT FOOTPRINTEXISTING HISTORICHOME800 SQ. FOOTATTACHEDGARAGE W/LIVING SPACEABOVEALLEYSTREET800 SQ. FOOTCONNECTOR ADDITION