HomeMy WebLinkAbout06-25-18 City Commission Packet Materials - A1. Ruggiero Rooftop Deviation, Modification and Amendment18157, Staff Report for Ruggiero Rooftop, Modification/Amendment and
Historic Neighborhood Certificate of Appropriateness and Deviation Request
Application
Date: City Commission Public Hearing is on June 25, 2018
Project Description: A Modification/Amendment and Historic Neighborhood Certificate of
Appropriateness application (MOD/NCOA) to allow the construction of an
approximately 350 square foot third-story rooftop addition to an existing home.
A 60% zoning deviation is requested to allow construction of the addition to occur 6’
from the front property line on East Orange Street, where the current zoning requires
a 15’ front setback. The proposed rooftop addition is to be built on an existing home
that is already 6’ from the front property line. A deviation to permit the construction
of the three-story home was approved in 2006/2007, but the entitlement period has
since expired.
Project Location: 720 East Orange Street. Legally described as Lot 4 and 5, Block 51, Northern Pacific Addition to Bozeman, City of Bozeman, Gallatin County, Montana.
Recommendation: Neutral. Conditions of approval are provided if needed in Section 3 of
this report.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby find [state positive findings for
criteria in Section 6] for application 18157 and move to approve the Ruggiero
Rooftop application for a Modification/Amendment and Historic Neighborhood
Certificate of Appropriateness application and deviation request to allow the
construction of a third story addition within the current zoning regulations required
front setback, subject to all applicable code provisions.
Report Date: Tuesday, June 19, 2018
Staff Contacts: Melissa Pope, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
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Project Summary
A zoning deviation request to allow the construction of an approximately 350 square foot
third-story addition on an existing home to occur 6-feet from the front property line on East
Orange Street, where the current zoning requires a 15- feet front setback. The
Modification/Amendment and Historic Neighborhood Certificate of Appropriateness
application (MOD/NCOA) proposes that the rooftop addition be built on an existing home
that is already 6’ from the front property line. The initial deviation to permit this construction
was approved by the City Commission in 2006 and again with modifications in 2007. The
third-story of the home was never completed and the entitlement period has since expired
resulting in the need for this new deviation request.
The property is located in the R-2, Residential Moderate Density zoning district. Pursuant to
Section 38.200.010.1.k of the Bozeman Municipal Code, the City Commission retains itself
under all circumstances the review of any deviation request where the deviation is for more
than 20% of the standard. Where the current standard is a minimum 15’ front setback and the
proposal is a 6’ setback, the deviation requested is greater than 20% of the standard and
therefore requires the review and decision of the City Commission.
Section 38.340.050.D. BMC, Standards for certificates of appropriateness, states that when
reviewing a contemporary, non-period, or innovative design for new structures or additions
to existing structures, the review authority must be guided by the design guidelines for the
neighborhood conservation overlay district to determine whether the proposal is compatible
with any existing or surrounding structures. A description of the NCOD Guidelines review
criteria and staff evaluation is in Section 6 of this report.
The application must also meet the standards for granting deviations in Section 38.340.070,
BMC. A description and staff evaluation of these standards is in Section 6 of this report.
One piece of public comment was received in opposition of the application at the time of this
staff report. A copy of the public comment is attached to this report.
Alternatives
1. Approve the application with the recommended conditions after making positive findings
to address materials (Chapter 2, Section H) and mass and scale (Chapter 3, Section B);
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable review criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP AND PLAN SERIES ............................................................................... 4
SECTION 2 – PROPOSED DESIGN....................................................................................... 7
SECTION 3 - REQUESTED DEVIATION ............................................................................. 9
SECTION 4 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 10
Applicable Plan Review Criteria, Section 38.230.070 and 38.340, BMC. ....................... 10
NCOD Design Guidelines Review Criteria (reference pages 19-91) ............................... 11
Criteria for Granting Deviations ....................................................................................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 18
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 19
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP AND PLAN SERIES
CURRENT ZONING
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LAND USE – CURRENT
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LAND USE – FUTURE
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SECTION 2 – PROPOSED DESIGN
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SECTION 3 - REQUESTED DEVIATION
One deviation from the Bozeman Municipal Code (BMC) is being requested with this
application. A deviation from Section 38.320.030 BMC, front setback requirements, is
requested.
Pursuant to Section 38.320.030 BMC, the required front setback in an R-2 zoning district is
15-feet. The applicant is proposing to construct an approximately 350 square foot addition
onto the roof of an existing home that would be within the 15’ required front setback. The
applicant is requesting to construct the addition 6’ from the front property line on East
Orange Street, rather than the required 15’ setback. The addition will be the third floor of the
home.
SECTION 4 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The applicant must correct an existing code violation of the vision triangle requirements
of 38.400.100, BMC, by adequately clearing shrubbery and landscaping at the corner of
N. Plum Avenue and E. Orange Street before issuance of a building permit to facilitate
safe driving and allow for adequate visibility for motorists.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Ruggiero Rooftop Deviation (MOD/NCOA)
File: 18157
The proposed application and associated deviation request requires the review and decision
of the City Commission. The City Commission retains itself under all circumstances the
review of any deviation request where the deviation is for more than 20% of the standard.
Staff’s position is neutral on the application. The Unified Development Code requires a 15-
foot front setback and the applicant is proposing a 6-foot front setback, which is a request of
a 60% deviation from the standard. Staff is unable to make positive findings for all criteria in
the NCOD Design Guidelines, see Section 6 of this report.
The City Commission will consider the proposal on June 25, 2018. The City Commission
public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission
room at 6 p.m.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
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.
The design of the proposed addition meets many of the design guidelines set forth in the
Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District (NCOD), however not all applicable criteria have been met. See below for
details and discussion on the “NCOD Design Guidelines” that staff finds have been ‘met’,
‘not met’ or ‘neutral’.
Applicable Plan Review Criteria, Section 38.230.070 and 38.340, BMC.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
In considering applications for plan approval, the review authority and advisory bodies
evaluate the following criteria. This application must be reviewed for compliance with all
applicable requirements of this BMC chapter including overlay district requirements.
Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District Review Criteria
The adopted NCOD Design Guidelines convey general policies and goals that are meant to be
followed in order to make consistent decisions about the treatment of historic resources. The
following paragraphs are excerpts from the Introduction section Bozeman Design Guidelines
for Historic Preservation and the Neighborhood Conservation Overlay District (NCOD), pages
1-16.
“Introduction
Historic preservation and neighborhood conservation are well-established parts of city
planning in Bozeman. Over the past decades, the community has initiated preservation
initiatives to protect the many historic districts and older traditional neighborhoods that
remain as reminders of the City’s heritage. While change continues to occur in response
to varying community goals and economic conditions, preserving Bozeman’s heritage
remains a primary goal of the community. These design guidelines are written for use by
City Staff, property owners, residents and others to foster the preservation of historic
residential and commercial districts and to maintain the traditional character of the
broader Neighborhood Conservation Overlay District (NCOD).
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A primary design goal for Bozeman is to preserve the integrity of its individual historic
structures and the character of its streetscapes in the Neighborhood Conservation Overlay
District. To maintain the character of a historic building, design elements such as form,
mass and materials should be considered in any alteration. The relationship each
building has with other neighborhood design elements is also important, as well as the
hierarchy of site elements, such as street trees, front yards, walkways and accessory
structures.
In general, properties must be at least 50 years old before they can be evaluated for
potential historic significance, although exceptions do exist when a more recent property
clearly has historical value. A property may be significance cant for one or more of the
following reasons:
• Association with events that contributed to the broad patterns of history, the lives of
significance cant people or the understanding of a community’s prehistory or history.
• Construction and design associated with distinctive characteristics of a building
type, period or construction method.
• An example of an architect or master craftsman or an expression of particularly
high artistic values.
• Integrity of location, design, setting, materials, workmanship, feeling and
association that form a district.
• An established and familiar natural setting or visual feature of the community.
As stated in the UDO, “the intent and purpose of the conservation district designation is
to stimulate the restoration and rehabilitation of structures, and all other elements
contributing to the character and fabric of established residential neighborhoods and
commercial or industrial areas.”
NCOD Design Guidelines Review Criteria (reference pages 19-91)
Type of Work: New construction (addition to existing home) in the Neighborhood Conservation
Overlay District, but outside a Historic District.
Chapter 1. Rehabilitation Guidelines for Historic Properties Not Applicable
Chapter 2. Design Guidelines for All Properties Applicable
A. Topography
1. Minimize cut and fill on a site. NA
2. Design a building foundation to conform to the existing topography, rather than
creating extensive cut and fill.
NA
3. Minimize the visual impacts of cut and fill on a site. NA
Notes: No additional site work or changes in topography of the property are part of the project scope.
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B. Street Patterns
1. Respect historic settlement patterns. NA
Notes: Site is arranged in a way similar to other "non-historic" buildings on the block. Criterion relates
more to new buildings, the proposed addition project will not impact the footprint or location of the building.
C. Alleys
1. Unpaved lanes contribute to the distinct character of the neighborhood;
therefore, they should continue in their “rustic” state, when feasible.
NA
2. The traditional scale and width of alleys should be continued. Yes, existing alley
Notes: The proposed rooftop addition would be constructed on top of the existing home on the
eastern-most portion of the home. The existing alley is adjacent to the property on the west side of the
lot. The proposed design is not expected to change the character of the alley.
D. Streetscape
1. Maintain the variety of street paving designs. NA
2. Maintain the variety of sidewalk designs. NA
3. Continue the use of planting strips. NA
4. Continue the pattern of street trees in a block. Because street trees serve various aesthetic and practical functions, they should be maintained. NA
Notes: There are no sidewalks on East Orange Street or North Plum Avenue; there is a Waiver of
Right to Protest the Creation of an SID for these types of street improvements recorded already
(document 2238187). On the corner of N. Plum Ave and E. Orange St. there is a tree that has overgrown and impedes the ability for drivers to adequately and safely see traffic from the adjacent
streets. See recommended conditions of approval for the mitigation of this non-compliance.
E. Landscape Design
1. Preserve and maintain mature trees and significant vegetation within all corridors. NA
Notes: Recommended condition of approval is to trim the overgrown tree along N. Plum Ave. that impedes motorists' view. Removal of the tree may not be required.
F. Building Form
1. Use building forms that are similar to those seen traditionally on the block. Met
2. Exotic building and roof forms that would detract from the visual continuity of the street are discouraged. Met
Notes: Site is located on block which has various architectural forms. The design proposed will add a
gabled roof addition to a flat-roofed home in an attempt to better conform with the roof styles
traditionally seen in the neighborhood.
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G. Solid-to-Void Ratio
1. Use a ratio of solid-to-void (wall-to-window) that is similar to that found on historic structures in the district. Met
Notes: The E. Orange Street-facing façade of the proposed addition is primarily glass to better
conform to Chapter 3, Section B "Building Mass and Scale". The surface was divided into smaller
panes of glass, rather than one large piece, to comply with the Design Guidelines and mimic solid-to-void ratios seen more traditionally.
H. Materials
1. Use building materials that appear similar to those used traditionally in the
area.
Neutral
2. The use of masonry that appears similar in character to that seen historically is
appropriate.
NA
3. New materials that are similar in character to traditional materials may be acceptable with appropriate detailing. Met
4. Use building materials that contribute to the traditional sense of scale of the
block.
Met
Notes: Materials proposed are the same as the existing home, including corten shingle siding and
corten roofing. The City Commission previously approved the use and application of this material in 2006 with the original project approval. The application of metal siding is greater than what is
common to the area and is an item of concern. However, the concern does not rise to the level to
recommend denial of the project. The building is in a transitional neighborhood between residential and industrial and the use of metal siding in this instance may be more appropriate in this location
than in other neighborhoods.
I. Architectural Character
1. The imitation of older historic styles is discouraged for newer structures. Met
2. Contemporary interpretations of traditional details are encouraged. Met
Notes: This building does not replicate historic structures. Its form lends itself to the industrial transitional zone/neighborhood and massing reflects more similarities to the residential neighborhood.
J. Parking Complies
1. Minimize the visual impact of surface parking in residential neighborhoods. NA
2. Locate a surface lot in the interior of a block whenever possible. NA
3. Site a surface lot so it will minimize gaps in the continuous building wall of a
commercial block.
NA
4. Where a parking lot abuts a public sidewalk, provide a visual buffer. NA
Notes: There are no proposed changes to the home that will require more parking (no increase in
bedrooms) or a review of parking.
K. Buffers Complies
1. Landscape buffers should be provided along edges of parking and service areas. NA
Notes: No site development such as parking, storage and equipment areas that would create
unavoidable negative visual impact on abutting properties or the public way. Not applicable.
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L. Site Lighting Complies
1. Lighting shall be shielded to prevent any off-site glare. NA
Notes: No nuisance lighting has been identified. No new exterior lighting proposed.
M. Utilities and Service Areas
1. Orient service entrances, waste disposal areas and other similar uses toward service lanes and away from major streets. NA
2. Position service areas to minimize conflicts with other abutting uses. NA
Notes: Public and private utilities currently service the site.
Chapter 3. Guidelines for Residential Character Areas Applicable
A. Hierarchy of Public and Private Space
1. Provide a front yard similar in character to its neighbors when possible. NA
2. Provide a walkway from the street to the building. NA
3. Orient the front porch to the street. NA
4. Clearly define the primary entrance by using a front porch. NA
Notes: No changes to the entryway of the home are proposed in this application. The distance from the street right of way to the front wall of the building is unusually small. However, this was approved
previously by the City Commission.
B. Building Mass and Scale
1. Construct a new building to be similar in mass and scale to those single household residences seen traditionally. Met
2. On larger structures, step down a building’s height toward the street,
neighboring structures and the rear of the lot.
Met
3. On larger structures, subdivide larger masses into smaller “modules” that are similar to single household residences seen traditionally. Met
4. The front wall of a structure should not exceed two stories in height. The
Primary plane of the front should not appear taller than those of typical historic
structures on the block.
Not Met
5. A façade should appear similar in dimension to those seen traditionally in the neighborhood. Met
Notes: Site is located on block which has various architectural styles. There is not a dominant historical
theme or tradition to reference in the area in regards to mass and scale. This neighborhood is a transitional area between residential and industrial. The form of the proposed addition to the structure would have height on the frontage facing East
Orange Street, the use of windows along the addition and the gabled roof form were strategic design techniques used to relieve the perceived scale and mass of the home to the public right-of-way. The
building meets applicable R-2 zoning building height and the design responds to adjacent properties
accordingly. The front wall of the structure would be exceeding two stories in height with the addition; however, the amount of glass being used has been specifically selected to reduce the
perceived size of the front façade.
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C. Roof Form
1. Use roof forms that are similar to those seen traditionally on the block. Met
Notes: This neighborhood is comprised of residential and industrial properties, the roof forms are an
eclectic collection of gable, and flat parapet roof forms at various low and steep pitches. The design proposed will add a gabled roof addition to a flat-roofed home to better conform to the roof styles
traditionally seen throughout the neighborhood.
D. Secondary Structures Not Applicable
1. A new secondary structure should be subordinate in height to those buildings seen traditionally along the street front.
2. Locate secondary buildings to the rear.
3. Locate a garage such that its visual impacts will be minimized is encouraged.
Notes: Not applicable.
E. Multi-Household Not Applicable
1. Retaining an existing single household building that contributes to the established character of the neighborhood in a multi-household project is
encouraged.
2. Minimize the perceived scale of a multi-household building.
3. Use traditional features that will convey a human scale.
4. A new multi-household building should be within the range of heights seen
traditionally in the neighborhood.
5. A primary building face should not exceed the width of a typical single household building in a similar context.
6. The proportions of window and door opening should be similar to those
traditionally in the neighborhood.
7. Brick, stone and painted wood are preferred primary building materials.
8. Orient a primary entrance to the street, when feasible.
9. Provide some useful, functional common open space that can be enjoyed by all residents in the development.
10. Minimize the visual impacts of multi-household garages.
11. Design a surface lot with landscaping.
Notes: Not applicable.
F. Fences and Retaining Walls Not Applicable
1. A new fence should be in character with those seen traditionally.
2. A new retaining wall should be in character with those seen traditionally.
Notes: Not applicable.
Chapter 4. Guidelines for the Commercial Character Area Not Applicable
Chapter 5. District Specific Descriptions and Guidelines Not Applicable
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Criteria for Granting Deviations
Pursuant to Section 38.340.070 BMC, there are three criteria for granting deviations from
the underlying zoning requirement.
1. Modifications must be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in Section
38.340.050, than would be achieved under a literal enforcement of this chapter.
The building was initially constructed in 2010 and does not meet the definition of “historic
structure” in Sec. 38.700.090. BMC. Therefore, an alternate analysis must be made regarding
the fit of the property into the larger site. The Commission changed these standards with the
March 31, 2018 version of Chapter 38, BMC.
The applicant addresses this issue in the description of the deviation request in the
application materials attached to this report. Section 38.340.070 states in part: “In order to
encourage restoration, rehabilitation and appropriate new construction activity that would
contribute to the overall historic character of the community, deviations from underlying
zoning requirements may be granted…” If the Commission decides to approve the
application they should state findings regarding how this deviation contributes to the overall
historic character of the surrounding area.
Section 38.340.050 included in Criterion 1 references five standards for certificates of
appropriateness:
Item A references the Secretary of the Interior’s standards for historic buildings. As this
building is not itself historic the application of these standards are limited.
Item B addresses generally applicable architectural guidelines which are the same as those in
place with the original approval of the building. Staff does not find significant material
differences; the height and size is generally the same and despite the extension of corten
metal siding in the new design, the street-facing façade is primarily made of glass, which is
similar to the original approval.
Item C encourages contemporary design structures if compatible with the foregoing
elements. The proposal compliments the existing building. The new deviation is consistent
with the initially approved design of 2006, which is a contemporary design.
Item D: when reviewing contemporary, non-period, or innovative design for new structures
or additions to existing structures, the review authority must be guided by the design
guidelines for the neighborhood conservation overlay district to determine whether the
proposal is compatible with any existing or surrounding structures. The structure is in a
transitional neighborhood of residential and industrial. See above in this Section 6 for further
review of the applicable NCOD design guidelines (Chapter 2, Section I Architectural
Character).
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Item E, compliance with other development standards in Chapter 38: Current conditions on
the property violate section 38.400.100, Street vision triangle. Pursuant to 38.400.100.D.2,
trees which are located in the street vision triangle and which preexisted the adoption of the
ordinance from which this chapter is derived may be allowed to remain, provided the trees
are trimmed such that no limbs or foliage exist below a height of ten feet above centerline
grades of intersecting streets. Overgrown vegetation at the corner of N. Plum Ave. and E.
Orange St. create a safety hazard. Condition of approval #2 requires correction of this code
violation.
Item F, tax abatement is not applicable.
2. Modifications will have minimal adverse effects on abutting properties or the
permitted uses thereof.
The proposed addition is stacked towards the street frontage and the additional height on the
building should not impede or hinder the usability of the abutting property. The design of the
proposed addition uses a roof form and windows on the East Orange Street-facing elevation
of the home in a manner that de-emphasizes the intensity and mass of the home perceived at
the public right-of-way. Much of the wall area being added to the façade facing East Orange
St. is glass which will help mitigate how the added bulk and increased height of the structure
will be perceived at the street level.
The proposed addition will have no effect on the permitted uses of the abutting property. The
intended use of the addition is for residential purposes, which is a permitted use and the
current use of the building.
3. Modifications must assure the protection of the public health, safety and general
welfare. Approvals may be conditioned to assure such protection, and such conditions
may include a time period within which alterations will be completed; landscaping and
maintenance thereof; architectural, site plan and landscape design modifications, or
any other conditions in conformity with the intent and purpose set forth in this part 1.
Staff has identified no barriers to public health, safety and general welfare from the proposed
construction.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Moderate
Density zoning district). The intent of the R-2 residential moderate 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.”
Adopted Growth Policy Designation: The property is designated as “Residential” in the
Bozeman Community Plan. The Plan indicates that, “This category designates places where the
primary activity is urban density dwellings. Other uses which complement residences are also
acceptable such as parks, low intensity home based occupations, fire stations, churches, and
schools. High density residential areas should be established in close proximity to commercial
centers to facilitate the provision of services and employment opportunities to persons without
requiring the use of an automobile. Implementation of this category by residential zoning should
provide for and coordinate intensive residential uses in proximity to commercial centers. The
residential designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development. The dwelling unit density
expected within this classification varies between 6 and 32 dwellings per net acre. A higher
density may be considered in some locations and circumstances. A variety of housing types can
be blended to achieve the desired density. Large areas of single type housing are discouraged. In
limited instances the strong presence of constraints and natural features such as floodplains may
cause an area to be designated for development at a lower density than normally expected within
this category. All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy. The residential designation is
intended to provide the primary locations for additional housing within the planning area.”
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The subject application is a request for the City Commission to review and approve a deviation
for a Modification/Amendment and Historic Neighborhood Certificate of Appropriateness
application (MOD/NCOA). The application is proposing the construction of an approximately
350 square foot third-level rooftop addition of a sunroom to an existing home within the
Neighborhood Conservation Overlay District, but outside of a Historic District.
The property is addressed at 720 East Orange Street and is legally described as Lot 4 and 5,
Block 51, Northern Pacific Addition to Bozeman. It is generally located at the southwest corner
of North Plum Avenue and East Orange Street and is zoned R-2, residential moderate density
zoning district.
A zoning deviation is being requested to allow this construction to occur 6’ from the front
property line facing East Orange Street, where the R-2 zoning requires a 15’ front setback. The
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existing home was previously constructed 6’ from the front property line, after an initial
deviation approval in 2006 and again, with slight modification to the initial plans, in 2007. The
proposed rooftop addition would be constructed on top of the existing home. City Commission
meeting minutes for the initial application Z-05298 from March 20, 2006 and the continued
meeting on March 27, 2006 are available online by following this link. City Commission
meeting minutes for modifications to the initial plans stated in application Z-07052 from April
16, 2007 and continued to April 23, 2007 by following this link and the application materials are
available by following this link. The existing building is a lawful non-conforming structure based
on its previous NCOA deviation approval (applications Z-05298, Z-07052 and Z-07052A). The
initial deviation to permit this construction with a third-level greenhouse was approved in the
applications of 2006 and 2007, but the third level was never built/completed and the entitlement
period has since expired.
The applicant has demonstrated to City Staff that the design and built structural elements of the
existing home were completed to accommodate this third-level addition due to the original
approval and entitlement. A brief sample of improvements on the building that are unique to the
facilitation of a sunroom and rooftop garden are as follows:
- Oversized footings, steel frames and engineered timbers to hold the weight of the
sunroom and green roof
- Parapet walls were built taller to be used as a compliant guardrail
- Designed for stair access to the third level sunroom/rooftop
- Roof improvements
A detailed list was provided by the applicant and is attached in the application materials, called
the Description of Deviation Request.
Pursuant to Section 38.200.010 of the Bozeman Municipal Code, the City Commission retains
itself under all circumstances the review of any deviation request where the deviation is for more
than 20% of the standard. The applicant is proposing to construct a third-story sunroom addition
within the required 15’ front setback. Since the current standard is a minimum 15’ front yard
setback and the proposal is a 6’ setback, the deviation requested is greater than 20% of the
standard and therefore requires the review and decision of the City Commission.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail On June 1,
2018 which was 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 June 17 and June 24. A
24” x 36” notice sign was posted on site on June 5, 2018.
One public comment was received in opposition of the project by the time of this report’s
completion. See project attachments for the comment.
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18157, Staff Report for the Ruggiero Rooftop Deviation (MOD/NCOA) Page 20 of 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Jory Ruggiero, 720 East Orange Street, Bozeman, MT 59715
Representative: Ian McNairy, 416 North Ida Ave, Bozeman, MT 59715
Report By: Melissa Pope, 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 (#18157) can be viewed at the Bozeman Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
Project description
Deviation request
Plans sets/drawings
Public Comment
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IAN MCNAIRY ARCHITECTURE
406.599.3348 | ian.mcnairy@gmail.com
www.ianmcnairy.com
04/06/2018
Address: 720 E Orange Street
Zoned: R-2 and is located within the Neighborhood Conservation Overlay District
PROJECT DESCRIPTION
This COA MOD proposal seeks approval to complete construction of a third story sunroom, green roof
and other roof top improvements which had been previously approved by the City Commission and
Planning staff in 2007 but was never built. This proposal includes a request for a deviation from Section
38.320.030, Setbacks (38.08.050), the same which was granted in 2007 but has since expired (see
separate request for deviation).
Detailed description of property alterations:
1. Construction of approximately 350 SF sunroom addition located on the NW corner on the second
story of the existing residence. Existing home was built in 2010.
2. Removal of a portion of the existing parapet on north and west facades and replacement with glazing.
3. Removal of a portion of the existing parapet wall on south-west side and replacement with steel guard
rail, gates, and ladder to access lower roof.
4. Installation of parapet cap on all remaining parapet walls.
5. Installation of steel guard rail on south side of roof.
6. Complete installation of rooftop garden assembly at upper and lower roofs.
7. Installation of steel hoist frame on south west corner to bring supplies to/from rooftop.
8. Construction of an internal stair to access the new sunroom from inside the house.
The residence is in the heart of Bozeman's mixed-use neighborhood which is seeing an increase in new
development. There is a mix of one and two-story homes, larger commercial/industrial buildings, and
newly developing mixed-use, multi-family housing. The eclectic and contemporary buildings and
materials being utilized, along with the historic industrial and residential influences, draws many people
to this area because of its creative expression and "funky", artsy vibe. The adjacent properties are good
examples, as both the houses to the south and east have unique building forms and materials, and roofs
with glass that extend to maximum vertical height per zoning.
The existing house is compatible with the evolving neighborhood character but is unfinished and
appears boxy with a flat roofs and bulky appearance. The addition of a gable roof shape will help ease
the bulky appearance and provide a more pleasing visual transition from the building to the sky. It will
also help break up the dominant horizontal line created by the parapet wall and provide better visual
continuity with traditional roof forms in this area. Facing Plum street, the additional height will step back
and fit appropriately with the scale of the streetscape. Facing Orange street, while the addition can’t
step back from the front façade, the extra vertical height proposed above the existing parapet wall is
only 4’-4”. Of that, approximately 75% of the wall area will be glazing to minimize the perceived scale
and height and provide better material proportions on the overall north facade. It’s worth noting that
some of the existing parapet will be replaced by glazing to help reduce the overall visual impact.
While not entirely of the same materials as was approved in 2007, the current proposal is more suited to
the building and site. The original proposal was for a gable roofed greenhouse of all glass and aluminum
frames. While this may have been visually subservient to the dominate building form, it would not have
173
IAN MCNAIRY ARCHITECTURE
406.599.3348 | ian.mcnairy@gmail.com
www.ianmcnairy.com
been as compatible with the existing building nor addressed the issues related to mass and material
proportions as discussed above. While the current proposal is not entirely glass, most of the wall areas
and a portion of the roof will be glazed to help reduce the visual bulk and minimize the perceived scale
of the facade. The use of like materials for the cladding, roofing and windows will help the addition
blend in more with the existing house and provide much better visual continuity than the previous all
glass design. I also feel it’s important to note the current proposal is far more energy efficient and will
look better over time than the original proposal.
In all, we believe the requested addition will be more historically appropriate and compatible with the
building and site in question in terms of building mass, roof shape, and material proportions. This is true
for both the design approved in 2007, as well as the current un-finished house.
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IAN MCNAIRY ARCHITECTURE
406.599.3348 | ian.mcnairy@gmail.com
www.ianmcnairy.com
04/06/2018
Address: 720 E Orange Street
Zoned: R-2 and is located within the Neighborhood Conservation Overlay District
DESCRIPTION OF DEVIATION REQUEST
This proposal includes a request for a deviation from Section 38.320.030, Setbacks (38.08.050). Pursuant
to section 38.340.070., requests for deviations are allowed for new construction projects.
Due to the narrow 39' lot width and the required 15' front yard setback a deviation was approved in
2007 by the City Commission which allowed for a new residence to be constructed to within 6' of the
north property line abutting Orange Street. The final design approved by the Planning staff included a
third level greenhouse/sunroom located on top of the north west corner of the residence. However,
this portion of the project was not completed, and the entitlement has since expired. To complete the
project, the owner is requesting approval of the same deviation that was granted in 2007.
Because the project had been approved, a great deal of investment went into planning and building the
house to prepare for a third level sunroom and green roof. (see photos of existing residence). Here are a
few examples:
1. The building’s structure was significantly oversized with deep footings, heavy steel moment
frames and engineered timbers to resist the forces caused by the extra weight of the sunroom
and soil on the roof.
2. The parapet walls were intentionally built taller to act as a code compliant guard rail when
standing upon the 18” deep soil roof.
3. The parapet wall was omitted on the south side and steel posts for open guard rail to allow
maximum sunlight to the roof.
4. A 10'x10' central stair core on the north side of the house was framed out with heavy timbers
and designed for stair access to the third level sunroom and roof top.
5. Additional rooftop elements were added such as: a roof curb for the sunroom walls, sloped
insulation to multiple roof drains, utility connections and a heavy-duty EPDM roofing
membrane.
Last month, planning staff denied the first COA application based on front yard setback encroachment
and NCOD height/bulk guidelines. They requested the sunroom be moved the south-west corner of the
house away from Orange Street. Given the investments and already built structure described above, it is
not feasible to relocate the stair access or sunroom to another location on the roof. Additionally,
because of the site limitations there is no other location to install stairs exterior of the building to access
the roof.
The residence is in the heart of Bozeman's mixed-use neighborhood which is seeing an increase in new
development. There is a mix of one and two-story homes, larger commercial/industrial buildings, and
newly developing mixed-use, multi-family housing. The eclectic and contemporary buildings and
materials being utilized, along with the historic industrial and residential influences, draws many people
to this area because of its creative expression and "funky", artsy vibe. The adjacent properties are good
examples, as both the houses to the south and east have unique building forms and materials, and roofs
with glass that extend to maximum vertical height per zoning.
175
IAN MCNAIRY ARCHITECTURE
406.599.3348 | ian.mcnairy@gmail.com
www.ianmcnairy.com
The existing house is compatible with the evolving neighborhood character but is unfinished and
appears boxy with a flat roofs and bulky appearance. The addition of a gable roof shape will help ease
the bulky appearance and provide a more pleasing visual transition from the building to the sky. It will
also help break up the dominant horizontal line created by the parapet wall and provide better visual
continuity with traditional roof forms in this area. Facing Plum street, the additional height will step back
and fit appropriately with the scale of the streetscape. Facing Orange street, while the addition can’t
step back from the front façade, the extra vertical height proposed above the existing parapet wall is
only 4’-4”. Of that, approximately 75% of the wall area will be glazing to minimize the perceived scale
and height and provide better material proportions on the overall north facade. It’s worth noting that
some of the existing parapet will be replaced by glazing to help reduce the overall visual impact.
While not entirely of the same materials as was approved in 2007, the current proposal is more suited to
the building and site. The original proposal was for a gable roofed greenhouse of all glass and aluminum
frames. While this may have been visually subservient to the dominate building form, it would not have
been as compatible with the existing building nor addressed the issues related to mass and material
proportions as discussed above. While the current proposal is not entirely glass, most of the wall areas
and a portion of the roof will be glazed to help reduce the visual bulk and minimize the perceived scale
of the facade. The use of like materials for the cladding, roofing and windows will help the addition
blend in more with the existing house and provide much better visual continuity than the previous all
glass design. I also feel it’s important to note the current proposal is far more energy efficient and will
look better over time than the original proposal.
To our knowledge, the proposed modifications will have no adverse effects on the adjacent properties
nor will they impose any known public health, safety or general welfare concerns. In fact, part of the
new proposal includes installing a gutter on the north roof to minimize the possibility of dangerous snow
slides or ice fall onto any future public right-of-way improvements.
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