HomeMy WebLinkAbout08--Departure Narrative
Departure Request
Local Element Architects and the property owner is seeking a deviation from the Bozeman UDC
Section 38.410.040D regarding setbacks on pedestrian and utility easements. On the east side of 3753
Equestrian lane there is a pedestrian easement as noted in the attached subdivision plat map. 12--
BaxterMeadows2A Plat. The easement is 15’-0” side with 7’-6” on our property. The zoning setbacks are
5-‘0”. Section 38.410.040D states that our building setback must be 10’-0” because of the 15’-0”
easement. We are requesting relief from this provision and to proceed with an 8’-0” setback from the
property line to the building.
Case for Departure
1. Section 38.410.040D pertains to blocks and block design. Pedestrian easements are required to
create safe passageways between blocks over 600 feet in length. Our block is approximately
300 feet in length with parking along both side of the lot allowing for pedestrians to navigate the
block without relying solely on this easement.
2. We have worked with the adjacent property owner to create a landscape greenspace between
the buildings that will create an inviting and safe area for pedestrians to travel. Please reference
landscape plans for more detail. There will be adequate circulation for pedestrians to access
both properties and move between the lots.
It is our opinion that a total width of 18’-0” between the buildings will be adequate to fulfill the purpose
of this easement in this specific case because of the subdivision layout and the higher level of design in
the easement. We have the HOA support and the adjoining property owners support for the deviation.
Thank You,
Chris Yeley NCARB
Local Element Architects