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HomeMy WebLinkAbout21456 Approval LetterJanuar y 5 , 2021 Danielle Thomsen, Random Acts of Silliness PO Box 6790 Bozeman, MT 59771 danielle@randomactsofsilliness.com – letter & attachments transmitted via ProjectDox Subject Property: 203 N. Church Avenue, Bozeman, MT 59715; 205 N. Church Avenue, Bozeman, MT 59715 Legal Description: S07, T02 S, R06 E, C.O.S. 222, Tr. in Block 1 Babcock & Davis Add. Bozeman To whom it may concern: In response to your request for information regarding the above-referenced property, we have researched our files and present the following: 1. The current zoning classification for the subject property is: R-2 (residential moderate density 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. This district allows for some variation in housing types, including but not limited to single-family dwellings and townhouses, in order to meet the community’s needs in areas with moderate access to public amenities such as transit, parks, and community services. Development within the district may take advantage of greater flexibility related to clustered lots and housing types in newly-developed areas while remaining consistent with established development patterns. Additional housing types and uses may be permitted as provided for by the Bozeman Municipal Code. 2. According to the zoning ordinances and regulations of this district, the use of the subject property as a community center is a: Permitted Use by Right Permitted Use by Special/Specific Use Permit (see comments, or attached approval documentation) Permitted Use by Conditional Use Permit (see comments, or attached approval documentation) Legal Non-Conforming Use (use was existing prior to the adoption of the zoning ordinance/code) Non-Permitted Use 3. Conformance: Per current zoning ordinances and regulations applicable to the subject property, the use of the property as a community center is: Legal Conforming (complies with, or is otherwise exempt from, applicable zoning regulations, including parking) Legal Non-Conforming (does not meet the current zoning requirements due to amendments, re- zoning, variance granted or other changes, but was legal when established. See comments) Non-Conforming (see comments) ***** Comment: See Division 38.310 – Permitted Uses, Bozeman Municipal Code. Community centers require conditional use approval within the R-2 district, but no such approval is on file with the Community Development Department at this time. Staff is not able to confirm that the use would be compatible with 01/06/22 21456 203 N. Church RAS ZV existing structures, the site, or interior components; or that the existing structures, the site, or interior components are in compliance with building code provisions specific to the use. Use of the property as a community center appears to have been established prior to zoning, resulting in the current use of the property being considered legally nonconforming. 4. Information regarding variances, special permits/exceptions, ordinances or conditions: There do not appear to be any variances, special permits/exceptions, ordinances or conditions that apply to the subject property. The following apply to the subject property: _ Variance _ Deviation _ Special Permit/Exception _ Ordinance _ Conditions ***** Comment: N/A 5. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property: May be rebuilt in its current form (i.e. no loss of square footage, same footprint, with drive through(s), if applicable). May not be rebuilt in its current form, except upon satisfaction of certain conditions, limitations or requirements. Does not apply. ***** Comment: See Division 38, Articles 2 through 5 of the Bozeman Municipal Code for information on permitted uses and development standards. Based on aerial imagery, a portion of the principal structure may encroach upon the southern property line setback, which would impact redevelopment of the subject property. Changes in zoning regulations have occurred since the time of development and may impact total reconstruction. See Division 38.280 for additional information on nonconforming situations and Article 5 for project design standards. 6. Code Violations Information: There do NOT appear to be any outstanding/open zoning or building code violations that apply to the subject property. The following outstanding/open ______ zoning / ___X___ building code violations apply to the subject property: ***** Comment: Records show a violation issued by the Building Department in 2017 for unpermitted operation of a daycare in a structure that had not been deemed safe for such a use. Documentation of the violation indicates that code compliance officers secured the property. Please contact the Building Department (406-582-2375) for additional information related to this matter and Fire Department (406-582-2350) to be sure the structure is in compliance with departmental regulations. See attachments. 7. Certificate of Occupancy, status: A Certificate of Occupancy is pending based on required improvements being completed for the subject property. A valid Certificate of Occupancy has been issued for the subject property. A valid Certificate of Occupancy has been issued for the subject property (approximate issuance 01/06/22 21456 203 N. Church RAS ZV date___________); however, we are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. Certificates of Occupancy for projects constructed prior to the year 1996 are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. A Certificate of Occupancy will only be required for new construction. A Certificate of Occupancy is not required for the subject property. A Temporary Certificate of Occupancy has been issued, pending completion of related site improvements. ***** Comment: Records indicate that structures on the subject property were constructed prior to 1996 and have been modified since construction, with no apparent Certificates of Occupancy. Contact the Building Department (406-582-2375) and Fire Department (406-582-2350) to be sure the structure is in compliance with departmental regulations. Further comments regarding the subject property: The subject property is located within the neighborhood conservation overlay district. As a result, any interior or exterior modifications or further development of the subject property will require review and approval of a certificate of appropriateness in addition to any other approvals prescribed by the Bozeman Municipal Code. Applications are available online. Please contact the building department regarding permitting requirements related to modification of existing structures or further development, or to discuss the compatibility of existing structures for the intended use. Narrative materials request confirmation that another organization would be able to utilize the subject property as a community center. Provided the organization’s operations fit within the definition of “community center” found in Division 38.700 of the Bozeman Municipal Code as indicated by narrative materials, the change in occupancy would be considered reuse or continuation of a legally nonconforming use. Expansion of the use or facilities would require review and approval of a conditional use permit. Information included in this document reflects records for 205 N. Church Avenue and 203 N. Church Avenue as both addresses appear to be associated with the subject property. This information was researched on January 5, 2021, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. ZONING AUTHORITY: Claire Morrison, Assistant Planner – Dept. of Community Development For office use only: DATE OF FINAL DECISION ______________________________ DIRECTOR’S SIGNATURE _______________________________ Jan. 5, 2022 01/06/22 21456 203 N. Church RAS ZV