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HomeMy WebLinkAbout07-01-19 City Commission Packet Materials - A3. 724 North Bozeman Avenue Neighborhood Certificate of Appropriateness19087, Staff Report for the 724 N. Bozeman Ave Historic Neighborhood Certificate of Appropriateness and Deviation Request Application Date: City Commission Public Hearing is on July 1, 2019 Project Description: Certificate of Appropriateness (COA) application to remove a portion of the roof at the rear of the house and construct a second story addition to add a 340 square foot bedroom. With a proposed 6-foot setback, the applicant is requesting a 60% setback deviation to build the addition above and adjacent to the existing footprint that is 9-feet into the 15-foot front setback required. Project Location: 724 N. Bozeman Avenue. Legally described as Imes Add, S06, T02 S, R06 E, Block 41, Lot 23 - 24, Acres 0.152, Plat C-41, City of Bozeman, Gallatin County, Montana. Recommendation: Neutral. 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 19087 and move to approve the 724 N. Bozeman application for a Historic Neighborhood Certificate of Appropriateness application and deviation request to allow the construction of a 340 square foot second story addition within the current zoning regulations required front setback, subject to all applicable code provisions. Report Date: Tuesday, June 20, 2019 Staff Contacts: Danielle Garber, Associate Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues Staff was unable to make findings in support or denial of this project. While the proposed addition meets the standards for certificate of appropriateness in Section 38.340.050, and the standards in the Design Guidelines for Neighborhood Conservation and Historic Preservation, it is not meeting the first deviation criteria that the modification be more historically appropriate for the building and site in question. If the Commission decides to approve the reduced setback deviation they should state findings regarding how this deviation contributes to the overall historic character of the surrounding area under code standard 38.340.070.A.1. 106 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 2 of 20 Project Summary A zoning deviation request to remove a portion of the roof at the rear of the house and construct a second story addition to add a 340 square foot bedroom. With a proposed 6-foot setback, the applicant is requesting a 60% setback deviation to build the addition above and adjacent to the existing footprint that is 9-feet into the 15-foot front setback required from East Aspen Street. The property is located in the northwest corner of a R-2, Residential Two-Household Medium Density zoning district. A PLI, Public Lands and Institutions zoning district is directly to the north, and a R-3, Residential Medium Density district is directly to the west. 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. No public comment has been received as of writing this staff report. Alternatives 1. Approve the application with the recommended conditions after making positive findings to address deviation criteria 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; 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. 107 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 3 of 20 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 ........................................................................... 10 SECTION 4 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 10 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 6 - STAFF ANALYSIS AND FINDINGS ........................................................... 10 Applicable Plan Review Criteria, Section 38.230.070 and 38.340, BMC. ....................... 11 NCOD Design Guidelines Review Criteria (reference pages 19-91) ............................... 12 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 ................................................................................................................... 20 108 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 4 of 20 SECTION 1 - MAP AND PLAN SERIES ZONING 109 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 5 of 20 LAND USE – CURRENT 110 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 6 of 20 LAND USE – FUTURE 111 Page 7 of 20 SECTION 2 – PROPOSED DESIGN 112 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 8 of 20 113 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 9 of 20 114 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 10 of 20 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 340 square foot second level addition over and adjacent to the footprint 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 Aspen Street, rather than the required 15’ setback. 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. SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Project Name: 724 File: 19087 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. While staff was able to make positive findings for all design criteria for the NCOA, staff cannot make positive findings for all the deviation criteria because it has not been demonstrated that the second level addition is more historically appropriate for the building and site. The City Commission will consider the proposal on July 1, 2019. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6 p.m. 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 115 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 11 of 20 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 the design guidelines set forth in the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District (NCOD). See below for details and discussion on the applicable “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). 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. 116 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 12 of 20 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 other than structural posts and footings for the new second story. B. Street Patterns 1. Respect historic settlement patterns. NA Notes: Site is arranged in a way similar to other buildings on the block. Criterion relates more to new buildings, the proposed addition project will expand the footprint at the rear of the building to match the existing footprint of the original portion of the home. C. Alleys 1. Unpaved lanes contribute to the distinct character of the neighborhood; therefore, they should continue in their “rustic” state, when feasible. NA 117 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 13 of 20 2. The traditional scale and width of alleys should be continued. Met Notes: The proposed 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 east side of the lot. The proposed design is not expected to change the character of the alley or the location of the garage adjacent to 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: No changes to the street, sidewalk, boulevard strips, or street trees are proposed. E. Landscape Design 1. Preserve and maintain mature trees and significant vegetation within all corridors. NA Notes: Several mature shrubs are located along the north side of the property, between the house and the sidewalk, the applicant has not indicated if the shrubs will be removed. No mature trees are to be removed. 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 match the existing roof’s pitch and asphalt shingles. The simple rectangular building form of the addition will follow the lines of the existing home with additional height for the second story. The addition will add 10-feet of height to the roof line at the rear of the home. This addition will sit on top of and have a larger footprint than the older addition below it, showing exposed structural posts and beams. While unusual, this addition still proposes simple rectangular solids and does not differ drastically in form from other two story structures in the neighborhood. 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. Aspen Street façade features three small windows underneath the single story eaves. The proposed addition will add two double hung windows facing Aspen that are visually similar to the style of what is existing on the primary façade of the home facing North Bozeman Ave. The 1984 survey notes the “one bay façade is symmetrical and there are no windows.” What is existing was most likely installed later. H. Materials 1. Use building materials that appear similar to those used traditionally in the area. Met 118 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 14 of 20 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 horizontal lap siding, white wood trim, cedar shakes at the gable ends, and grey asphalt shingles on the roof. 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 is appropriate for residential structures both historic and modern with a rectangular form and gabled roof. 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 off-street parking. The application does not propose any changes to the existing garage and driveway to the east of the proposed addition. There is adequate parking for the additional bedroom. 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. L. Site Lighting Complies 1. Lighting shall be shielded to prevent any off-site glare. Met Notes: Lighting proposed underneath the new addition to illuminate the deck will be recessed to avoid glare and meet full cut off requirements. 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. 119 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 15 of 20 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. 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. 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 public lands, and industrial. The form of the proposed addition to the structure would have height on the frontage facing East Aspen Street, the use of windows along the addition and the gabled roof form can be 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 of the structure maintains the height of the original home and the addition is pushed back 20+ feet from the single level entry and porch. C. Roof Form 1. Use roof forms that are similar to those seen traditionally on the block. Met Notes: This neighborhood (not including city facilities adjacent to the north) is comprised of residential properties. The design proposed will add a gabled roof that is similar 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. 120 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 16 of 20 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 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 1941 as a log cabin and due to changes from the original design and materials 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. 121 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 17 of 20 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 for appropriateness. Staff finds that this addition meets all applicable design standards. Item C encourages contemporary design structures if new construction does not destroy significant historical, cultural or architectural structures and if their components are compatible with the foregoing elements of the structure and surrounding structure. The proposal is compatible with the existing structure. 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. See above in this Section 6 for further review of the applicable NCOD design guidelines. Item E, compliance with other development standards in Chapter 38. With the exception of the requested setback deviation, staff finds this structure meets all other applicable standards in Chapter 38. 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 northeast corner of the property and the additional height on the building should not impede or hinder the usability of the abutting property. The nearest structure to the south is buffered by at least 40-feet of residential open space in the form of yard and gardens and is itself a two story new construction. Structures to the east and west are buffered by public right of way in the form of streets and alleys. The design of the proposed addition uses a roof form, windows and materials similar to those seen traditionally in the area. 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. 122 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 18 of 20 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. 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 two-household medium density district is to “provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints.” 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 Planning Division received an application for a Historic Neighborhood Certificate of Appropriateness application (NCOA) and Deviation on February 27, 2019 and a corrections 123 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 19 of 20 letter was sent on March 20, 2019. Revisions were received April 5, 2019 and corrections were sent out again on May 2, 2019. After a meeting with the applicant the application materials received April 5, 2019 were able to be deemed adequate for continued review and the City Commission hearing and noticing was scheduled. The subject application is a request for the City Commission to review and approve a deviation and NCOA. The application is proposing the construction of an approximately 340 square foot second-level addition of a bedroom and bathroom to an existing home within the Neighborhood Conservation Overlay District, but outside of a Historic District. The property is addressed at 724 North Bozeman Avenue and is legally described as Imes Add, S06, T02 S, R06 E, Block 41, Lot 23 - 24, Acres 0.152, Plat C-41, City of Bozeman, Gallatin County, Montana. It is located at the southeast corner of North Bozeman Avenue and East Aspen Street and is zoned R-2. A zoning deviation is being requested to allow this construction to occur 6’ from the front property line facing East Aspen Street, where the R-2 zoning requires a 15’ front setback. The existing home was previously constructed 6’ from the front property line, and predates the R-2 zoning. The proposed addition would be constructed on top of an existing addition to the original 1941 house. Staff analysis did not lead to the conclusion that a similar addition to the home could not be achieved with a different design path that does not require construction within the setback. While any ground level addition to the home on the south side will block egress windows necessary for the use of the basement bedrooms, a ground level addition and/or replacement of the existing addition on the east side of the home can be achieved outside of the required 15-foot setback. 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 second-story bedroom 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 7, 2019 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 9 and June 16. A 24” x 36” notice sign was posted on site on June 9, 2019. No public comment has been received as of writing this staff report. 124 19087, Staff Report for the 724 N. Bozeman Deviation (NCOA) Page 20 of 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Reno and Heather Walsh, 724 N. Bozeman Ave, Bozeman, MT 59715 Representative: Same as owner Report By: Danielle Garber, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application. ATTACHMENTS The full application and file of record (#19087) can be viewed at the Bozeman Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. A project summary, copy of the public notice, and a plan set can be found online at: http://weblink.bozeman.net/WebLink8/0/fol/186295/Row1.aspx Application Documents Application Plans 125 Scanned with CamScanner126 Scanned with CamScanner127 Scanned with CamScanner128 Scanned with CamScanner129 Scanned with CamScanner130 Scanned with CamScanner131 724 N Bozeman Ave N1 724 N. Bozeman Ave., MT 59715 Property/Parcel TaxID: RGH2747 Geo Code: 06079906313150000 Subdivision: (IME) Imes Add Lot: 23 - 24 Block: 41 Township: 2S 6E, Sec. 06 Legal: IMES ADD, S06, T02 S, R06 E, BLOCK 41 Lot 23 & 24, ACRES 0.16, PLAT C-41 Owner: Heather Ojala; Rick & Nancy Ojala 1 132 724 N Bozeman Ave N1 Addresses And Mailing Addresses Of Neighbors Within 200’ Of 724 N. Bozeman Ave. PROPERTYADDRESS: N BOZEMAN AVE CITY OF BOZEMAN PO BOX 1230 BOZEMAN, MT 597711230 PROPERTYADDRESS: 811 N BOZEMAN AVE NG LIVING TRUST 811 N BOZEMAN AVE BOZEMAN, MT 59715-295 PROPERTYADDRESS:117 E ASPEN ST STOKES W LEE & JUDITH L 8535 COTTONWOOD RD BOZEMAN, MT 59718-8922 PROPERTYADDRESS:721 N BOZEMAN AVE & PROPERTYADDRESS:717 N BOZEMAN AVE POOL CORDELL DALE 717 N BOZEMAN AVE BOZEMAN, MT 59715-2952 PROPERTYADDRESS:711 N BOZEMAN AVE INABNIT ADRIAN C & BETTY J 711 N BOZEMAN AVE BOZEMAN, MT 59715-2952 PROPERTYADDRESS:707 N BOZEMAN AVE TURNER TIMOTHY M & LOUISE S 814 S WILLSON AVE BOZEMAN, MT 59715-5243 PROPERTYADDRESS:702 N BOZEMAN AVE GYR PHILIP PO BOX 1741 JACKSON, WY 83001-1741 PROPERTYADDRESS:714 N BOZEMAN AVE DVS714 LLC UNDIV 50% INT & SHYNE N A UNDIV 50% INT PO BOX 1594 BOZEMAN, MT 59771-1594 PROPERTYADDRESS:718 N BOZEMAN AVE WALSH KATHLEEN F 718 N BOZEMAN AVE BOZEMAN, MT 59715-2953 PROPERTYADDRESS:721 N MONTANA AVE RENO & HEATHER WALSH 724 N. BOZEMAN AVE. BOZEMAN, MT 59715 PROPERTYADDRESS:717 N MONTANA AVE ZELL WILLIAM A PO BOX 1552 BOZEMAN, MT 597711552 PROPERTYADDRESS:715 N MONTANA AVE DRYSDALE FAMILY LLC 511 PERKINS PL BOZEMAN, MT 597153738 PROPERTYADDRESS:711 N MONTANA AVE HUNTER THOMAS S 705 N MONTANA AVE APT B BOZEMAN, MT 597152989 724 N. 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Home Lighting Recessed Lighting Recessed Lighting Trims // / Model # HLB6099FS1EMWR Internet #306051064 Store SKU #1003401295 Save to Favorites Write a Review Halo HLB 6 in. White Round Integrated LED Recessed Light Direct Mount Kit with Selectable CCT (2700K-5000K), (No Can Needed) $29 97 Quantity -+ (254) 1 Pick Up In Store Today Aisle 43, Bay 002 Text to Me 163 Current Item Provides recessed lighting without requiring a housing or j-box Dimmable, see "Buying Guide" below for compatible dimmers Seamless installation, just cut a hole, wire, and mount Model #: HLB6099FS1EMWR Sku #: 1003401295 Internet #: 306051064 Product Overview The Halo HLB6 Selectable Series is a complete ultra-thin direct mount downlight that offers you the option of choosing your color temperature directly on the fixture. With the flick of a switch, you can choose between 5 color temperatures ranging from warm (2700K) to daylight (5000K) prior to installing into your ceiling. This module is designed for use in new construction, remodel and retrofit installation, without needing a housing or j-box. This product features an LED driver that offers 120-Volt dimming capability. The HLB6 lens provides uniform illumination and wet location listing. Housing and j-box not required; easy to install - spring clips firmly secure fixture in ceiling Repositionable driver junction box 5-discrete color temperature settings ranging from warm (2700K) to daylight (5000K) allows customization tocreate a friendly and inviting atmosphere throughout the house, especially in living rooms, bathrooms, hallways, and bedrooms Energy star qualified for energy conservation and savings up to $352 savings over the life of the fixture Attractive Halo matte white finish with textured lens to provide smooth light distribution Fixture is built to last with maintenance-free energy efficient LEDs with 50,000 hours of life (equivalent to 22 years of life at 6 hours per day or 44 years at 3 hours per day), eliminating your need to use and replace bulbs Good brightness at 1061-Lumens (at 3000K color temperature) to provide illumination to any room 90 CRI title 24 compliant technology provides near sunlight quality light for true color rendering and consistencyinside your home Designed for continuous dimming down to 5%, standard 120-Volt electronic low-voltage dimmer is recommendedfor best performance IC rated, for direct contact with insulation Airtite, wet rated, can be used in shower and outdoor light applications Produces light equivalent to a 75-Watt bulb yet uses just 12-Watts (see product spec sheet to confirm) 1/2 in. depth makes this product great for use in shallow ceilings › $2747 Add To Cart $3297 Add To Cart $2997 Add To Cart $56 Ad 164 Features Premium design featuring robust, detailed frame profile. 11 exterior color options to boost your home's curb appeal. Virtually invisible SmoothSeam interior welded corners. Design My Premium Vinyl Double- Hung Window TM Premium Vinyl Double-Hung Window Pella® 350 Series 4.42 (Based on 737 ratings) 165 Stronger and more durable than ordinary vinyl products. 54%-83% more energy efficient with triple-pane glass compared to a single pane window. 13 (/cs/Satellite? c=Page&childpagename=PELLA%2FPELLA2_Layout&cid=1343834376294&pagename=PELLA_Wrapper) 11 (https://www.pella.com/product-disclosures/) See all features and options 4400%%oofffffff qualifying installations 00%%AAPPRR for 48 months See Details (https://www.pella.com/replacement-by-pella/offers/) Enter your ZIP code 59718 Get a FREE Quote at Home See it at a store near you (https://www.pella.com/where-to-buy/) 1 OORR 2 Double-Hung Sizes Pricing/Cost Factors Warranty Details Pella® 350 Series Premium Vinyl Double-Hung Window Product Details Download Brochure (http://content.pella.com/cs/groups/public/documents/document/mhat/mdq5/~edisp/p- 049403.pdf) 166 (http://www.energystar.gov/index.cfm? c=most_efficient.me_index) Recognized as the Most Efficient of ENERGY STAR (http://www.energystar.gov/index.cfm? c=most_efficient.me_index) Window Combinations Join a window together with other windows to add character to your home's design. Additional combinations are available. See your Pella sales representative for the complete offering View Energy Performance and Installation Information 2-Wide Arch-Head over 2-Wide Arch-Head over Single Options for Pella® 350 Series Double-Hung Window * Frame Color Pella® 350 Series vinyl products feature low-maintenance, easy- care vinyl frames. Choose from two solid-color frame options or frames featuring White interiors and nine exterior colors.c WWhhiittee dual-color 167 Insynctive® Universal Security Sensors Can be applied to virtually any window or door. Can be applied to most windows, doors or garage doors – no tools required. Feel more secure knowing your windows and doors are closed. Small, tasteful design. Comes with White and Brown covers so you can choose the right one to complement your home. Solid-Color Frames c c Dual-Color Frames c c c c c c c c c 40 (https://www.pella.com/product-disclosures/) 168 Insynctive Products (https://www.pella.com/insynctive/) Grille Patterns Grilles give the appearance of individual window panes. Pella offers many grille patterns to help enhance your home’s architectural style. Grille Profiles For the classic look of individual windowpanes, choose or MorecDetailsc» (https://www.pella.com/features-options/grilles/) PPrraaiiririee c c c c c c grilles- between-the-glass,simulated divided-light grilles. 169 Hardware Pella’s , hardware styles are available in today’s most popular finishes. Grilles-Between-the-Glass Simulated-Divided-Light Grilles 33//44""GGBBGG c c c Grilles are permanently sealed between the panes of insulating glass. Permanently bonded to the inside and outside of your window glass. There is no spacer between the grilles. CCaamm-AAccttiionon LLocockk WWhhiittee Cam-Action Lock AutoLock Sash lifts 170 A standard is integrated in all vinyl double-hung windows, and is interchangeable with an optional code-compliant Screens Conventional Fiberglass Screens Pella's high-transparency screens are made of a finer screen fabric than conventional screens for a clear view that allows more air and natural light to flow into your home. Pella InView™ screens let in 14% more light and are 8% more open for improved airflow compared to conventional fiberglass screens. Glass Options Pella's InsulShield® glass collection offers our most innovative and energy- saving choices for your climate. MorecDetails>> (https://www.pella.com/features-options/energy-efficiency/) Style c c c Finish c c c c c 4 5 (https://www.pella.com/product-disclosures/) vent stop Window Operating Control Device. 171 BBeesstt UUssee:: Many Climates Low-E Insulating Glass with Argon BBeesstt UUssee:: Hot, sunny climates Low-E Insulating Glass with Argon BBeesstt UUssee:: Extremely cold climates Low-E Insulating Glass with Argon 7 7 7 Insynctive Smart Products (https://www.pella.com/insynctive/) Also available for Pella® 350 Series Double-Hung Windows PPeellaa 335500 SSeerriieess PPrreemmiiuumm VViinnyyl DDoouubblee-HHuunngg WWiinnddooww CCuussttoommeerr RRaattiinnggss && RReevviieewwss ®® 5 star: 4 star: Advanced SunDefense NaturalSun 172 6' from east edge of garage to alley 25.5' 21.5' Alley is 10' wide 20' to sidewalk 27' Driveway is 21.5' wide 15' setback 15' setback cacarcar car car5' setback 6' setback 173 174 175 176 177 178