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.
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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.
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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 ........................................................................... 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
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SECTION 1 - MAP AND PLAN SERIES
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 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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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. 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 2 133
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Home Lighting Recessed Lighting Recessed Lighting Trims // /
Model # HLB6099FS1EMWR Internet #306051064 Store SKU #1003401295
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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
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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.
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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
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