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FILE FOLOERS �
LEGAL 517E - Spelly, 1
FILE REVIEW SHEET
CITY COMMISSION PROJECT DECISION
File Name: Y ys,. ^ �� File Number.
Reference Files:
Date Date Done N/A
Due Done By
DRC initial week review/public comment period begins e
DRC second week review [5
DRC final week review `)�� ❑
ADR or DRB review- if applicable ❑
g
DRB staff report due- if applicable 7 Gy ❑
WRB review- if applicable IR
Comments from other review agencies due
Notice to applicant and adjoiners (not less than 15 or more than 30 working days /Zg ❑
before the City Commission hearing) a
Post notice (not less than 15 or more than 30 working days before the City
Commission hearing) ` a Z ❑
Newspaper notice (not less than 15 or more than 30 working days before the City 3� �23 ❑
Commission hearing) f
City Commission staff report due ❑
City Commission hearing date ❑
Final approval letter to applicant ❑
Recommended Recommended Approval Recommended Date N/A
Approval with Conditions Denial
DRC action 71/,/ ❑
DRB action ❑
WRB action
Approved Approved with Conditions Denied Date
City Commission action X
Date Final Site Plan due: /6,7`D S
Improvements Agreement required? ❑ Yes ( No Date returned:
Date of Final Site Plan approval:
Date Final Site Plan approval expires:
Date financial guarantee received:
Date financial guarantee expires:
Date financial guarantee released:
Date Temporary Occupancy is granted:
Date Final Occupancy is granted:
C ~ FILE
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REVIEW FOR COMPLETENESS BY
nAA-
IF COMPLETE, GIVE TO CAROL F FIL . IF
INCOMPLETE, WRITE/CONTACT APPLICANT
AND EXPLAIN WHY BY:
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To DRC: -- r� —n
To DRB:
DRB Report due:
To Planning Board:
Planning Board Report due:
To Zoning Commission:
Zoning Commission Report due:
To City Commission: ?— / 9
City Commission packet due: 7—/
CityCominission Work Session:
Notice to Paper for '71 q publication
Notice to Adjoiners/Post: 'I .7—
/Jro
FILE
REVIEW FOR COMPLETENESS BY
IF COMPLETE, GIVE TO CAROL FOR FILE. IF
INCOMPLETE, WRITE/CONTACT APPLICANT
AND EXPLAIN WHY BY:
To DRC: - 4,
To DRB: 7-1 3
DRB Report due:To Planning Board:
Planning Board Report due: —
To Zoning Commission: --
Zoning Commission Report due: —
To City Commission: 7-/9
City Commission packet due:
City Conunission Work Session: _
Notice to Paper. 4/Z9 for Z?publication
Notice to Adjoincrs/Post: 1--.9-- 6 l2 s'
low `project Activitc� Lod
City of f)ozeman
® ® Department o�Planning&Community Development
Project Name: k
File No: GOL1003 C-Or\Q �
Date Activity. Staff I Staff Cumulative
Members Hours Hours
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Commissioner Krauss announced he cannot support this propos5l because it seems too subjective.
Additionally, he is unsure how the architect responded to the neighborhood's concerns that the height be
lowered and the structure be narrowed. He questioned if other garages along that alley are 25 feet tall
because a 25-foot structure next to a lot line is troublesome. Historic Preservation Planner Bristor answered
the other two structures on the T alley are 18 feet tall.
`Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that the
Certificate of, ppropriateness requested by Place Architecture for David Large and Margaret Wheeler under
Application N Z-04149,to allow demotion of the existing 300-square-foof,,one-story detached rear garage
and construction�of a new 594-square-foot, two-story detached rear garage with second floor studio space
on Lots 15, 16 arid\17 plus 6 feet of abandoned right-of-way, Block 19 ,Park Addition, with a deviation from
Section 18.38.050Nof the Bozeman Municipal Code to allow the new' garage to encroach 6 feet into the
required 10-foot rear yard setback, be approved subject to the,following conditions:
1. The dri\\ay dimension shall provide 26 feet of backing way from the garage
entrance.
2. The applicant shall obtain a building/permit and pay all required fees prior to
construction and within one year of Certificate of Appropriateness approval, or this
approval shall become null and id:
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said,modifications, as required by Section 18.64.110
of the Bozeman Unified Development Ordinance.
Z
4. All code provisions`shall be met, the following provisions in particular:
■ Per Section 18.42.130, "Fences,Walls and Hedges,"all new fences
must conform to code requirements\\
■ Per;Section 18.42.150, "Lighting," all new lighting must conform to
code requirements.
■ /Per Section 18.44.100, "Street Vision Triangle,"'s. le-stem canopy
trees are discouraged but may be permitted in streetavision triangles,
provided that mature trees do not significantly affect safe driving
conditions and are maintained such that no canopy foliage exists
below a height of 10 feet above the centerline of intersecting streets.
Per Section 18.46.020.F., "Surfacing," all areas intended of be
utilized for permanent parking spaces and driveway shall be paved
with concrete or asphaltic concrete, or approved pavers, to control
/ dust and drainage.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Youngman, and Mayor Cetraro; those voting No being Commissioner Krauss.
Public hearing - amendment to final Planned Unit Development for Sundance Springs - relaxation
of approximately 5% feet from the rear yard setback as originally established with the Sundance
Springs PUD for Lot 90,Sundance Springs Subdivision-C&H Engineering for Steve Parks 4010 Graf
Street,:1Z-04128) I - - -
This was the time and place set for the public hearing on the amendment to the final Planned Unit
Development for Sundance Springs, as requested by C&H Engineering for Steve Parks under Application
No. Z-04128, for a relaxation of approximately 5'/2 feet from the rear yard setback as originally established
07-19-04
• - 6 - • 1 .
with the Sundance Springs PUD for Lot 90, Sundance Springs Subdivision. The subject property is located
at 4010 Graf Street.
Mayor Cetraro opened the public hearing.
Associate Planner Saunders presented the staff report. He noted this application is amending the
planned unit development, which is also a conditional use permit. The requested amendment is affecting
only one lot out of the entire development and is being requested due to an error made during the
construction process. Staff has looked at this project and believes the cure would be excessive compared
with the harm of the encroachment. Therefore, staff suggested this approach, which would resolve the
problem of non-conformity. Staff has reviewed this application in light of the applicable criteria and
recommends conditional approval. Staff's comprehensive findings can be found in the written staff report.
The Sundance Springs Residential Homeowners Association Board of Directors has reviewed the planned
unit development amendment and have given their approval, as stated in their letter of July 19th.
Commissioner Youngman noted there are no specific landscaping requirements included in the
conditions of approval, just that the additional landscaping shall conform with the originally approved
planned unit development. The homeowners of Sundance Springs seem to be minimally adhering to the
letter of the conditional approval, with no adherence to the intent of the landscaping requirement. Most of
the homeowners s eem t o b e p lanting m eadowgrass a nd m owing i t t o c reate m ore I awn, w hich isn't
achieving the purpose of the planned unit development and wasn't what was intended by the Commission.
There should be genuine landscaping beyond the grass abutting the open space; there needs to be native
vegetation planted.
Associate Planner Saunders noted the Commission can attach a condition that a defined amount
of landscaping must be done and where it needs to be done; but he cautioned against trying to solve all the
landscaping problems of the subdivision with this one applicant. Part of the mitigation language is that the
applicants are compensating the Sundance Springs Owners Association to mitigate the effects of the
encroachment, and that compensation is to be used for landscaping on lots 89 and 91 and the open space
to the rear of lot 90. The landscaping will need to conform with the conditions of the planned unit
development. B ased o n t he o rientation a nd p roximity o f t he b uildings, s taff f eels t here i s n o v isible
difference between this home and those adjacent to it.
Mark Chandler, C& H Engineering, stated he wishes they could turn back the clock and correct this
situation,which would be ideal. Fortunately, there are no residences located behind this one that would be
impacted by this. This error was totally accidental and resulted from a drafting error prior to the staking of
the foundation of the house.
Commissioner Youngman asked if the property owners would be agreeable to planting native
vegetation that is taller than grass to soften the effect of the porch from the common open space. She
stated she would like to add a condition that comes closer to the original spirit of the planned unit
development and would mitigate the effect of this mistake.
Steve Parks, applicant, noted the house is sold; and the new buyers are working on a landscaping
plan,with native grass in the back yard. That plan must be submitted to the Sundance Springs Architectural
Board for approval.
Commissioner Youngman stated native bushes need to be massed to provide buffering for the
common open space. Mr. Parks responded he could plant bushes on this property, but that could not be
imposed on the new buyers. A lot of money is being paid to the homeowners association,which should go
toward landscaping. Mr. Parks stated he could plant a few bushes in the rear if he has to, but he would
prefer the new owners do that to tie in with their landscaping ideas.
Commissioner Krauss asked if the issue is that this is non-conforming and,thus,the title is clouded.
Associate Planner Saunders responded staff has tried to find another way to resolve this title issue, rather
than a court-ordered remedy, to ensure that if someone calls at a later date regarding this encroachment,
the matter will be resolved.
Commissioner Krauss then asked what the outcome would be if two of the Commissioners voted
no on this amendment. Associate Planner Saunders stated either staff would have to turn a blind eye to
this encroachment or commence enforcement actions.
07-19-04
a - 7 - • T:A! r.•
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Commissioner Krauss noted the applicants have settled with the homeowners association and the
adjacent landowners and asked what the City's interest in this is other than enforcing the regulations.
Associate Planner Saunders answered enforcement is the primary issue for the City; the Commission took
action based on reliance that certain standards would be met, which, in this circumstance, are no longer
being met. The other alternative would be to ask for a variance, but there are several major challenges with
doing so.
Commissioner Youngman stated she is annoyed and bothered that Sundance Springs homeowners
have been ignoring the Commission conditions for approval of that development. There should be native
bushes included in the rear landscaping of these homes. There is only grass, which doesn't blend with the
native grasses for the look the Commission wanted for this very expensive parkland. A lot of buffering is
being lost, and she feels the homeowners need to live up to what was supposed to be happening in this
development. Commissioner Youngman suggested a condition for approval of the amendment that would
require some buffering of the common open space by the planting of native bushes or trees across the back
of the property and includes a specific number, so that one token bush isn't planted. Associate Planner
Saunders suggested specifying a percentage of coverage; and let the homeowners choose whatever
combination they like in whatever location,which allows them flexibility while addressing the Commission's
concerns.
Commissioner Kirchhoff stated he will not vote in favor of this amendment if other conditions are
added by the Commission because there have already been cures applied, although he sympathizes with
protecting the trail corridor, which is important to the community. He suggested the Commission meet with
the Sundance Springs Homeowners Association regarding the landscaping in the entire development and
encourage the homeowners to live up to the explicit, well-defined, landscaping condition.
Commissioner Youngman stated she likes the idea of a comprehensive approach and suggested
talking to the homeowners association when the park master plan is ready for review. She noted this is the
only property that has made a mistake; and it has more effect on the viewshed and trail corridor, so she
believes it is acceptable to ask them to do some proper landscaping. Commissioner Youngman stated she
doesn't believe everyone else will suddenly plant bushes just because these property owners do it, but it
will act as a buffer.
Acting City Manager Brey said he doesn't believe the Commission has the option to ignore this
encroachment, which only leaves one option, if the Commission cannot reach a consensus.
Mr. Chandler asked to have the area of remedy defined. Planning Director Epple responded it would
be the entire width of the back yard.
Commissioner Youngman pointed out the original condition allows one-third of the back yard to be
in grass. Perhaps the applicant can suggest something more acceptable for the Commission to entertain.
Mr. Chandler asked if the shrubs are to be planted in a line or staggered. Planning Director Epple
replied that if the landscaping plan is subject to Planning Department approval, they will work with the
applicant on a staggered, natural planting.
No one was present to speak in opposition of this amendment.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
amendment to the final Planned Unit Development for Sundance Springs,as requested by C&H Engineering
for Steve Parks under Application No. Z-04128, for a relaxation of approximately 5'/2 feet from the rear yard
setback as originally established with the Sundance Springs PUD for Lot 90,Sundance Springs Subdivision,
be approved subject to the following conditions:
1. Any additional landscaping within the common open areas of the PUD shall conform
with the originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90.
The changes in wording shall only apply to Lot 90.
07-19-04
- 8 - • r. .
3. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the Conditional Use Permit procedure.
4. All of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall
be binding upon the owner of the land, his/her successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to the issuance of any building
permits or final site plan approval.
5. In order to mitigate the appearance of the encroaching structure on the common
open space, 40 percent of the area between the back of the home and the eastern
property line shall be planted with a variety of native trees and/or shrubs. Species
selection is at the discretion of the applicant but must be consistent with the
requirements of the Sundance Springs covenants.The landscape design is subject
to review and approval by Planning staff prior to final approval of the requested
modification.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none.
Discussion - setting of fees for waivers to the provisions of Ordinance No. 1616, amending and
adding alcohol policies to the Bozeman Municipal Code
Distributed just prior to the meeting was a copy of Commission Resolution No. 3235, establishing
the fees for parades and public assemblies, to be used as a template for the setting of fees for waiver of
the provisions of the recently-adopted alcohol policies.
Acting City Manager Brey reminded the Commission the effective date of Ordinance No. 1616 will
be August 11 th, with Music on Main being held on August 12th; so it is anticipated they will be applying for
a waiver. Therefore, it is important to have a resolution establishing whatever fees the Commission desires
in place before the Music on Main folks apply for their waiver.
Staff Attorney Wordal stated she needs direction from the Commission as to what type of resolution
it would like to have brought back, charging fees it feels is appropriate, and directing how street closures
are to be dealt with. She stated she plans to use Commission Resolution No. 3235 as a roadmap and
needs Commission input on application fees and any other fees the Commission feels would be appropriate.
Currently the City is charging a $20 filing fee for upwards of 100 people for park waivers, plus an additional
$25 for each 100 people after that, for city residents. Out-of-city residents are charged $25 and $30,
respectively. The fee for street closures is $100.
Commissioner Kirchhoff asked what the fee covers. Staff Attorney Wordal responded it covers the
cost of processing the paperwork, like the parade and public assembly fees do now. Commissioner
Kirchhoff asked if the fees do cover the costs, and Ms. Wordal answered she believes they do.
Acting City Manager Brey stated the City, at this point, is trying to get the program up and running;
and then staff will evaluate if the fees need to be adjusted.
Commissioner Kirchhoff asked why there is a difference between city and non-city resident fees.
Staff Attorney Wordal responded she believes it is because city parks are maintained out of the general
fund; and it was determined that if non-resident users of general fund programs can be identified, it would
be equitable to assess an additional charge.
Commissioner Krauss asked if street closures require overtime, to which Director of Public Service
Arkell answered they do, including overtime paid to police officers. She calculated the costs of parade
closures a couple of years ago and found it costs between $700 and $1,400.
Mayor Cetraro stated his agreement with Acting City Manager Brey's suggestion to set the fees low
for now and then reevaluate the costs in the future.
07-19-04
3ffidauit of Publication
STATE OF MONTANA; SS.
County of Gallatin
PrV t l/l�S , being duly sworn, deposes and
says: That—G—he is of the Bozeman Daily
Chronicle, a newspaper of general circulation, printed and published Bozeman,
Gallatin County, Montana; and that the notice here unto annexed
64 tLA' 0 0 U*A&4,_ P(AA'XKI 164
M2A V ) has been J —�
correctly published in the regular and entire issue of every number of said paper for ; II 2 2 2004
OWL 4"s ewive V AA^— , the first of which publication was made on
the �i��' day off 20. and the last on 1
the day of A 20
`JNID A B VR
tG • ,o sc ' and s�xorn to efore me this .
C'1:�p T A R/q •Z _ day of j 20
'. SEAL
:��q�,• • , Q�'�� Notary Public for�r�ofMontana,.
OF MO residing at Bozeman, Montana.
Notary Public for the State of Montana
Residing at BozemanJ tan
My commission Fxpiesune 2008
BOZEMAN DAILY CHRONICLE, Sunday, June 27, 2004 B5
NASCAR Busch driver enjoys life. on top h
NASHVILLE,Tenn.(AP)—Life can't Busch Series championship.There are no know if I could ever do that for someone;'
get much better for Martin Truex Jr.right excuses,so that means the pressure's on Truex said. ?}
now. Martin to perform:' Smart decision by Dad.The younger , J
In his first full season,Truex leads the Racing—and winning—comes natu- Truex finished the season 12th overall.He
NASCAR Busch Series points race with rally to Truex.He was just a toddler when once again won in his eighth start,setting a
four victories and five poles thanks—in he first started going to tracks around track record at New Hampshire
part—to bosses Teresa and Dale Mayetta,N.J. International Speedway. "
Earnhardt Jr.giving him the best equip- "I can remember riding to the track In 2001,he ran his first Busch race at
ment and crew available. with my dad.He'd drop me off,I'd go sit in Dover and finished 38th.He ran four more
"Life is good,"Truex said with a smile. the stands and watch practice all day,just Busch Series races in 2002 with his best
"No complaints from me.Winning races is. hanging out.It was something I always en- finish 17th at Dover while winning two
what I love to do,and I'm just having a lot joyed,"Truex said. Busch North races. '`
of fun with it" Forget video games or sitting on the "That was tough,"Truex said."We had a
And he's also become good friends with couch as a child.Truex was busy riding low budget,not a lot of technical support.
Earnhardt. four-wheelers or his motorcycle with his We'd take our Busch North team and run a
, As his boss,Earnhardt provides top friends.By age 10,he was rebuilding en- Busch series race.It was tough to compete 1
equipment through Chance 2 gines on his own. with them." N Isho
Motorsports,co-owned with his step- But it was his mother,Linda,who drove But Truex attracted the attention of
mother,and he's constantly offering tips to him to the track because his father was Richie Gilmore,head of racing operations tFiB a
help Truex become a better driver. busy with his own races. for Dale Earnhardt Inc.,who introduced
As his friend,Earnhardt hangs out with Truex won the junior class title in 1993 him to Earnhardt.
Truex,playing racing video games. at New Egypt Speedway and took the New Chance 2 hired Truex for six of his 10 •
"We've become real good friends;' Jersey Championship Series in 1994 at the Busch races in 2003,and he turned in three °
Truex said."He's always putting some bug same track.He moved up to modifieds top-10s,including a pair of second-place
in my ear about something we're trying to when he turned 18 and won his first modi- finishes in the final two races of the year
do and how we're doing.He's been real fied race in his eighth start. for the team.
great and a lot of fun." Yet his father could only give him ad- By December,Chance 2 offered him a
Earnhardt is the son of the late Dale vice during the week. two-year deal.Truex has proven worthy of the job.He
Earnhardt,who earned seven Cup champi- "He didn't get to come to the racetrack won his first race at Bristol and added vic-
onships and won 76 races.Truex s father and help me, Truex said. People helped tories at Talladega,Gateway and Nazareth.also loves racing,but he never got beyond me...but I had to do a lot of learning on He has nine top-fives and 11 top in 16
NASCAR s Busch North Series before giv- my own and figure out what was right and
ing up his seat to his son. wrong:' races.
"Martin's doing great,and I'm really By 2000,he was ready to move up to the Martin Truex Jr.walks down pit road be-
proud how he's handled the pressure," Busch North Series,and his father yielded fore qualifying for the NASCAR Busch se- ! `,
Earnhardt said. We have a team that is ca- his seat. ries Federated Auto Parts 300 race on _
pable of winning races and winning the "That was a big step for him.I don't June 11 in Gladeville,Tenn. aP
Once easy, U.S. Women's Open F= 1 struggles to attract Americans
eludes planet's bestgolfplayer er race in,"FI president Bernie Andretti's attempt was aborted
By-MICHAEL MAROT Ecclestone said."We need a lot after a partial season.
AP Sports Writer more exposure." BMW Williams teen principal
■The first woman in 45 years to play on Ecclestone would not d_scuss Frank Williams has developed a
By DOUG FERGUSON the PGA Tour,which gave her first-name INDIANAPOLIS—Formula specifics of a new marketing strai- friendship with NASCAR star Jeff
AP Golf Writer celebrity around the world. One is the world's giant in auto egy,but acknowledged changes Gordon,a driver he calls a"special
■The career Grand Slam. racing.In America,it's barely a may be needed. talent"but who is unlikely to make
Annika Sorenstam had every reason to be- ■Induction into the Hall of Fame at the player. There haven't been two F1 rags the switch.Jacques Villeneuve,a
lieve the toughest test in golf would always be ripe age of 33. At last week's U.S.Grand Prix in the United States Sir ce 1984, Canadian with American appeal,
the easiest to win. "I've always felt so comfortable.I've al- here,tickets were a tough Sell,the and the circuit has just twt races won the 1997 world championship
Playing like she had nothing to lose, ways felt prepared.I always expected to win," stands were filled with foreign each year in North Amema—&-e but now is looking for a ride.
Sorenstam wound up winning the U.S. she said."And when I didn't,I put even more flags and even Michael Canadian Grand Prix in Montreal Defending Indy Racing League
Women's Open for her first LPGA Tour vic- pressure on myself.Not until lately have I Schumacher,one of the world's and the U.S.Grand Prix n champion Scott Dixon,of New
f tory in 1995.A year later,she missed only five been more patient.I don't think about the biggest stars,talked about his Indianapolis.For the firs:time this Zealand,already has tested for
fairways the entire week and shot 66 trophy on Thursday.I know that anonymity in the United States. year,F1 ran them on back-to-back Williams;who believed Dixon
in the final round to win by six scores are not always going to be "We have to get our act togeth- weekends to help cut cost;and im- needs at least one more season on
strokes,setting a Women's Open low in the majors." er,"said Eddie Jordan,team boss of prove attendance. the IRL circuit before-umping
scoring record at 272. if' :m Q Sorenstam gets another chance to Jordan Ford."We understand we Making it three straig_rt weeks, overseas.
"I thought,`Oh,I can do this. end her seve n-year drought in the have,technology and we have new- some believe,would help Fold the It's not a new phenomenon.
This is a piece of cake,"'Sorenstam U.S.Women's Open next week at fangled cars,but we also have to interest. The only Americans to win world
said."At the time,it felt easy bec e ' Orchards Golf Club,a D d Ross reach.out and make that extra ef- `Americans like to be enter- champion s are Phil Hill iFi
I won tivo in a row.The U.S.O design on the campus oqunt fort." Dined and if we don't entertain 1961 and Wio Andretti in 1977.
i is the biggest tournament we ha , ;, Holyoke in South Hadley,Mass. Part of the problem is expo- them,it won't catch on—simple Eddie Cheever,a former Indy
and the last time I won by(six She will be the heavy favorite,as sure.For nearly a decade,from as that"said Tony Purne 1,team winner and F 1 driver,believes
shots)at Pine Needles. usual,es°pe6iAy aftet 6(it1agtii'itg'th6"' "''199'11iritil the U.S.,dn nd Prix' " pritki�al of thg`Jdguet�n. there's,only one way to get more' =-
"But then I started to put a lot of Annika sorenstam. field during a 36-hole final round to came to Indianapolis in 2000,F1 Another problem is the lack o-_ U.S.fans hooked.
pressure on myself.I wanted it t win the LPGA Champio hip for didn't even hold an American race. American names. "It's goi to take an American
badly.grid I gotlin my own wa) her seventh major and 52nd care tory. The last U.S.driver in the series While most of the wo-zid con- team witl �merican driver," ,
Seven years later,the Women s pen now Competition comes from all s es and was Michael Andretti in 1993,an ders F1 the highest form of rac- Cheever sai That's the onlyway
is the one tournament she can't seem to win. sizes. experiment that flopped. ing,because of the techn•:ilogy, it's going to happen:'
Sorenstam rough q
Grace Park won this year's first major at But in a global economy that strategy and skill involve- That will be difficult,though.
transfor o ' inning ththe Kraft Nabisco,denying Sorenstam her requires constant growth,F1 is re- Americans have no count_-,7men or "I don't know that you could
back Op s ede only stated goal of sweeping the majors this thinking its approach.It is consid- teams to cheer for—and that have an American tea-ri because
"Miss M e oneyear.And the teen parade is stronger than ering adding a second American doesn't appear to be changing. everybody's based in Europe:'
domin rs in GA histoever,led by 14-year-old Michelle Wie and 17- race,perhaps returning to the Two years ago,Dan G-=ey's Ecclestone said."But You could
of feats that rank her among the year-old Paula Creamer,both of whom al- West Coast for the first time since attempt to field an all.Vri rican do it with an American driver."
■The first woman to shoot 59 and break ready have shown they can hold their own 1983. F1 team failed because o,a lack of Even that may not be good
the$2 million barrier. against anyone. "Maybe we can squeeze anoth- sponsorship. enough.
NOTICE OF A PUBLIC HEARING FOR AMENDMENT TO A
PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN of public meetings to be held before the City Of Bozeman Development N
Review Committee at 10:00 am on Tuesday,July 6,2004,and before the City of Bozeman Design Review
Board at 3:30 pm on Tuesday July 13,2004 in the conference room,Alfred Stiff Professional Building,20
r.
E Olive Street,Bozeman,Montana. / � ) � �•�. ,
NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMIS-
SION on July 19,2004 at 7 pm in the Commission Room,411 E Main Street,Bozeman,MT.
4, i
The purpose of the public hearing is to consider an amendment to the approved final Planned Unit
Development for Sundance Springs,requested by Steve Parks,4010 Graf St,Bozeman,MT 59715,and _
represented by C&H Engineering and Surveying,205 Edelweiss Drive,Bozeman,MT 59718 pursuant to
Chapter 18.36 of the Bozeman Unified Development Ordinance.Said application would allow a relaxation . ;
of approximately 5.5 feet from the rear yard setback required by Section 18.16.050.B and as originally
a_
established with the Sundance Springs PUD,on property located at 4010 Graf Street.The property is
legally described as Lot 90,Sundance Springs Subdivision,City of Bozeman,Gallatin County,Montana.
The zoning designation for said property is R-S(Residential Suburban District). The property is owned by
Steve Parks,4010 Graf Street,Bozeman,MT 59715.
[ Maps and related data regarding this application may be reviewed in the City of �. f ( W`
R., Bozeman Department of Planning and Community Development,20 East Olive Street, ;
582-2260. For those who require accommodations for disabilities,please contact Ron Locally made custom "boats.
Brey, City of Bozeman ADA Coordinator,582-2306(voice),582-2301 (TDD).#Z www.MontanaBoatbuilders.com
7��
t, 04128 Parks PUD Amendment .MontanaBoatbuilders.com
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B6 BOZEMAN DAILY CHRONICLE, Sunday, June 27, 20C4
AREA SPORTS BRIEFS
Vladgoes -
Softball tourney is set Billings natives rule
for Crown The 15th Annual Junior Golf tourney
�'" �� Haufbrau/Filling Station Adult Three Billings natives swept
Softball Tournament is being g P
held this weekend.The Crystal the boys'division of the Big Sky
By ROSS NEWHAN Bar has organized teams from Junior Golf Championship
Los ONTimes (�' Great Falls,Billings and Chester Wednesday and Thursday in
AngelesIy to compete with other local Billings as Geoff Oliphant,
LOS ANGELES-Could Vladimir t w ,.., , teams.Men's C and Co-Ed C Austin Dean,and Drew Leveaux
Guerrero be headed toward a coronation in r i
divisions will begin competing took home trophies in their re
which he trades his ugly,pine-tar-smeared _`. today at 9 a.m.at the softball spective divisions.
�, ^r complex on Haggerty Lane and Oliphant had the most im-
batting helmet- If he ever gets hit by a ''� -� - will finish Sunday afternoon. pressive outing,winning the 14-
pitch there,the ball will stick, Angel
Manager Mike Scioscia says-for a Triple 15 age division with a score of
Crown? x- UM s Tobiason honored
145 over two rounds.Oliphant
` shot a 72 in the first round and
Any such celebration would be the first University of Montana sen- a 73 in his second round.Dean
since Carl Yastrzemski won the American for cross country and track star finished first in the 12-13 age
League Triple Crown while serving as left- Chris Tobiason has been division with a total of 154,and
field architect of the Boston Red Sox's named to the 2004 Academic
"Im ossible Dream"in 1967. Leveaux won the 16-17 age divi-
p �= `�` All-America Men s Track Team. sion with a total of 148. g
Although seldom mentioned in the same :� -_�_ .a .- Tobiason,a native of
context with the 64-year drought since Ted Livingston,became eligible for Sarah Leveaux of Billings
Williams became the last player to hit.400 AP national consideration when he and Jessica Ness of Roberts,
and Joe DiMaggio hit in 56 consecutive Anaheim Angels' Vladimir Guerrero reacts after getting tagged out at second in a earned Academic All-District both won their respective age
games during that same summer of 1941, rundown against the Oakland Athletics on Wednesday In Anaheim,Calif. VII first team honors June 3. groups in the girls'division.
leading a league in batting average,home David Stroup of Bozeman
runs and runs batted in is proving to be al- home near Boston. and the Tri le Crown. finished fourth in the boys'16-
most as difficult and elusive. P Youth volleyball camp 17 division with a score of 163.
Now 64,Yaz batted.326 with 44 homers "I can remember winning the pennant
It has been done only 11 times since the and 121 RBIs during a memorable season in on the last day of the season and not know- set to run in Belgrade Here are the results:Is 12-13
RBI became an official statistic in 1920,and which he catapulted toward the Hall of ing I won the Triple Crown until I read it in The Belgrade Volleyball Sarah Leveaux,Billings,111-116-227
it has been 36 years since Yastrzemski and Fame and helped the surprising Red Sox the paper the next day.I was just so focused Cam for girls will be held Jul Girl:141s
66 since 1937,when Joe Medwick became P P g P P Y P g Y Jessica Ness,Roberts, 02-2 185;Mallory
win a pennant. on the race:' 26-30 In the Special Events Harmon, Billings, 117-io2-219; Lindsey
the last to do it in the National League. Amon current Triple Crown candi- Still active at times as a Red Sox instruc- Center in Belgrade. Holzwarth,Billings,Boys
124-229.
g g p g says 12.13
The multitalented Guerrero began the dates,he said,Guerrero,Manny Ramirez tor,Yaz has his memories and perspective. The camp will teach tech- Austin Dean, Billings, 80-74-154; K.C.
weekend series with the Dodgers among the and Albert Pu'ols share two factors that Yet,it's hard to lain 36 ears without a ni ues in hitting,passing,serv- Kindle,Malta, dam Zw 62;Jake Hedge,Billings,
g g ) � Y q g P g 81-82-163;Adam Zwemke,Billings,98-102-
league leaguers in each of the three cate- were critical to him as well:Protection in Triple Crown winner when the longest previ- ing,setting,blocking and team 200;Jake Holzwarth,Billings,107-107-214.
Boys 14 15
gories.His pace projects to a.354 batting the lineup-Tony Coni haro batted be- ous span was 10 years,between Mickey concepts. Geoff Oliphant,Billings,72-73-145;Gordon
average,42 homers and 149 RBIs,but hind him-and a competitive team. Mantle in 1956 and Frank Robinson in 1966. Registration forms can be Webb,Malta,77-71-148.
6-17
there's a long way to the wire. "I'd have never won.the Triple Crown if Some theorists say that the home run picked up at students'school of- Drew Leveaux,,°ys Bill gs, 74-74-148; Jon
"Home runs and RBIs tend to go togeth- that had been the only thing on my mind," has become such a dominant factor,that fices.The camp is$40 per Laurent,Billings,76.76-152;Travis Gates,Billings,
er,but getting the batting average,getting Yaz said."But we were in a four-team en- bulked-up players think only of tailoring camper. 154;David S52;Marcus vuletich,Billings,3.75-
g g g g g g P P P Y Y g P 15a;David Stroup,Bozeman,8479-163.
that third part,is probably the toughest as- nant race the last month of that season and their swings in that direction,at the expense For more information,contact
pect,"said Yastrzemski from his summer there wasn't one thing-.written about me of situational hitting. Reene'at 388-6862 or 586-9199. From Chronicle staff reports
Legion/from page B1
Outlaws sweep Cubs Scott said."The big thing is,we played Gvo 323 GAME 20 -30 10 1 Memann around the bases with a sin- With one out and Clint Marcott on
DILLON-The Gallatin Valley good defense." Dillon 000
and Chaffns.Fogel a 00 ndDalton. -0 1 1 gle,a stolen base and a passed ball, second base,Klemann grounded out to
Zeb Miller hit a three-risi homer _ which scored Klemann and put Bell on second to move Morcott to third as the
Outlaws needed just 10 innings e and Marx added a solo shot in Game 1. MilGALLATIN
r 1 s czsVALLEY
c affins 1-3 ThomaskB y e Clark
1(2B), hane third.Eric Di hans(2-for-4)then run.Regardless,Great Falls sur-
sweep the Dillon Cubs In de American Nate Anderson,David Knobel,Gene Thurston 2-3(2v),Potts 0-1,Sinnema 0.3,Cliff Martin 13, brought Bell home on a single,drawing tying
b strike out the next batter.
Legion Class A doubleheader on Riley Cope 2-3. g g g Y g
Saturday.The Outlaws blasted 26 total White,Daniel Corbin and vlarx each DILLON-Devers 1-2,Dalton 0-2,Burwell 0.2,Myers 0. the Bandits to within one run. GAME 1
had two hits. 2,Fogel 0-1,Drake Waltner 0-2,will s 0-1,Zack Mceray 0-1, The comeback came to a head when Great Falls 004 201 0 -7 9 5
hits en route to merry-rule'wins by Miles Waltner 0.1,Thatcher 0.1,Joe Rogers 0-1. Belgrade 202 000 2 - 6 6 2
scores of 16-0 and 10-0. Shane Thurston and Riley Cope had Brad Mundt grounded out to first to Wichman and Carnahan.Clint Marcott,Mike Bell and Joe
two hits apiece in the second game. Bandits drop two to Great Falls Ramler.
Jeremy Knowles allowed just three P g move Dighans to third as the tying run, GREAT FALLS- Reichelt 2-3(28),Bolluitt 2-4,Johnson
hits and threw just 58 itches to register The Outlaws play host to Belgrade A BELGRADE-Saturday's American but Dighans was unable to reach home 2.3,Whitakerl-3(38),McCord 1-4,Pepos 1-4,Kolva 0-4,
11 strikeouts in the opener.He wen to for doubleheader that start at 2 p.m. Legion doubleheader resulted in a lot of as T.J.Ryles flied out to rightfeild to end CarBELGRA E-Jim lKemann 1-2,Scott Hayes 0-1,Mike
today. heatbreak for the Belgrade Bandits A the game. Bell 1.1,Jayce Hertzog 0.2,Nate Quattrocchi 0-2,Eric Dighans
a two-ball count just twice and didn't g 2.4,Dan Filson 2.4(2B),Brad Mundt 0.4,T.J.Ryles 0-4,Joe
GAME 1 team.Twice the relinquished leads and Game 2 turned into more of a itch- Ramler 0-2,Clint Marcott 0-3.
walk a batter.Toby Marx won Game 2 Gvo 006 46 -16 16 o Y q P
when he surrendered one hit and Dillon Goo 00 -0 3 1 twice they left tying runs on third base ers'duel as Belgrade held a 1-0 lead GAME 2
Jeremy Knowles and Taylor Blakely.%eston Devers,Clark Great Falls 000 020 1 -3 6 3
struck out five. Willis(5)and Kyle Burwell. in the seventh inning,losing both through five innings. Belgrade 100 000 1 -2 4 6
In the field,GVO made just one er- GALLATIN VALLEY-Zeb Miller 1-3 MR),Kyle Clark 1-3 games 7-6 and 3-2 to Great Falls. However,the Bandits fell behind 3-1 Ande sleeker and Carnahan.Quattrocchi(6),Bell and Luke
(28),Patrick Sinnema 1-1(28),Toby Marc 2-4(2B,HR),Justin
ror in improving to a fect 21-0 in Chaffins 1-2,Nate Anderson 2-2,Blakely 1-4, vid Knobel 2- In the first game,Great Falls took a before going to work in the bottom of GREAT FALLS-Reichelt 1-4 (2B), Bolluitt 1-3 (28),
3(2v),Cliff Martin 1.1,Gene White 2_3, Potts 0-1Purwell , Johnso Whitaker 1-3(2B),McCord 0-2,Pepos 0.3,Move
conference play and overall. Daniel Corbin 2.2. 7-4 lead before Belgrade mounted a e seventh inning.Ryles scored on a 1-3,C 0-2,Clark 1-2.
"Both Toby and Jer y threw Tilf DILLON-Myers-Devoe Fogel vers 0-2,D vin Drake Waltner 1-2,Willis 0- comeback in the final frame.Bandit ries of errors,once again bringing the Q�ttrocchi 0 3,BeIKO OaD ghans 2-3,F Filson 0-2,Mundt 0 3es 0-3, Hartzog ,
strikes, Gallatin Valley coach Duwayne 2,Miles Waltner 0.2,Taylor Thatcher 0-1 Mike Bell pushed himself and Jim Bandits to within one run of a tie. Ryles 1-3,Andersen 0-1,Casey Kenison 0.1,Marcott 1-3.
AppelbauM/from page B1
basketball team as ass t coach.The drib team, a steal or two in .11&rry to close the gap to one, to will him to succ ven in defeat. sport,it's nice t a familiar face knd name suc-
based in California's S ernando Valley,was swiped the ball ne dcourt and swooped in for He would shout uctions to his teammates teed,and suttee y playing the right way.
coached by Ernie Wallengren.Coach Ernie had an easy layup and the lead.The other team heaved on the floor to get in the right position on defense, Drew last played competitive hoops as a sopho-
built one of the strongest club hoops programs in a 3-point dud at the buzzer.Sabes saved my kosher cheer someone else if they made a nice shot.He m?Tle on Calabasas'junior vwrsiry-squad.He's most
Southern California before the horrors of bacon. would do everything to win.Maybe a little of that likely going to play baseball for 4least tilt:next
Amyotrophic Lateral Sclerosis(Lou Gehrig's He also helped the Eagles eek out a double over- competitive spirit came from his father,but Drew four or five years,probably much"longer.
Disease)took his life last May. time win at Pierce CC in the Valley.And Drew was has now started to build up a name for himself. Bolt I'll always think of Drr wJSabert�aggtt���zzii as a
I felt like one of the guys,helping Coach run also there for my first game as a head coach of the "I definitely think my dad also hated to lose.He basketbalL.�layer.No,I take that back:-I'Ii always
drills at practices and then help lift the players' Eagles:we were about to play a gaggle of Yeshiva was more the type of competitor who would just think&f Drew as a great competitor.
spirits being the rah-rah assistant during games.I kids who looked more fit to play snooker in Tel go out there and do his job and be a leader.I'm Eliav Appelbaum is at
had more fun coaching and hanging out with that Aviv.I'm not sure if some of those kids even knew more of a vocal leader,"Drew said."But my dad's eppelbaum@dailychronicle.com
team than I ever did playing the sport. what a basketball looked like. always told me to go hard:it's not
Drew graduated from Calabasas High School "I remember we were sitting on the side just an option to lose. GALLATIN AYSO (formerly named Bozeman Youth Soccer League)
two weeks ago and played first base and pitcher for watching Yeshiva.do their layup drill;'Drew said "Even if my dad and I were
the Coyotes.(The elder Saberhagen is now in with a laugh. playing a Nintendo game,her
charge of Calabasas'baseball squad.)Drew said This was my first game alone at the helm.This wouldn't let me win'
that he'll likely stick with a commitment he made was a must win-for me at least. With substance abuse scandals ASA
back in November to play for Pepperdine Yet Yeshiva busted its tail throughout the after- tainting almost every major ^
University in Malibu,Calif.,even if the.Ks make noon.Those kid;in yarlmulkas and long,curly
him a contract offer.Hard to go wrong either way. sideburns had the lead through most of three quar- FOUR RIVERS JUNIOR GOLF 2004 FALL REGISTRATION
If there was ever a player who would consistent- ters and I couldn't get any of the Eagles to start fo- AT MADISON MEADOWS
ly bail out the Blue Eagles,or at least make things cusing on how we should play rather than worry GOLF COURSE IN ENNIS& REGISTRATION ENDS JUNE 30
interesting,it was Drew.When Ernie split the about who we ware playing.I knew who to turn to. HEADWATERS GOLF Registration must be postmarked by June 30,2004
Eagles into two different teams for part of the sum- Yeshiva may have had God on their side,but I COURSE IN THREE FORKS.
mer in 2000 I led the B squad and Drew quickly had Drew.And 1-_e was enough to help us pull out MONDAY JUNE 28th Reeistration form can be picked-up at the Bozeman Swim Center or The Soccer Shop.
q q Y g P P •AA es 14 and up at Madison
became the backbone of that team. an ugly,ugly(think armadillos with spatula-sized Meadows Golf Course. For updated information:visit our new website at www.eallatinayso.ory
During one of Drew's best games at North warts)victory.Instead of lofting 3-pointers,Drew •Ages 13 and under at email us at soccer@gallatinayso.org,or call 585-3005.
Hollywood High's gym against the ARC started driving to the hole.He started getting steals Headwaters Golf Course. Send completed registrations with$30 registration fee to:
Wolverines,the Eagles found themselves down 10 and layups.He was the catalyst for that win. 8 AM SHOTGUN START. Gallatin AYSO,PO Box I810,Bozeman,MT 59715
points with about 75 seconds left. Drew was never the sharpest shooter or the EVERYONE NEEDS TO
After calling time and settle a full-court press, slickest passer.He didn't have demons Bed or the CHECK IN BY 7:30 AM AYSO is a volunteer organization.Volunteers are needed for many positions!
g g P P P IF YOU HAVE ANY QUESTIONS
the good guys kept getting steal,bucket,steal, ball-handling sa-vy of a John Stockton.Yet his de- PLEASE CALL BRIDGER CREEK Parents sign up and help make this a great program for your kids!
bucket,steal,bucket.Then Drew,who already had sire to win,even at 14-years old,would always seem GOLF COURSE AT 586-2333 THE CHILDREN NEED YOU!!
I M N I ININ 1,117A 0 Dill
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BOZEMAN DAILY CHRCNICLE, Sunday, June 2.7, 2004 B5
NASCAR Busch driver enjoys s life on top
NASHVILLE,Tenn.(AP)—Life can't Busch Series championship.There are no know if I could ever do that for someone,"
get much better for Martin Truex Jr.right excuses,so that means the pressure's on Truex said.
riow. Martin to perform." Smart decision by Dad.The younger �A `
In his first full season,Truex leads the Racing—and winning—comes natu- Truex finished the season 12th overall.He
NASCAR Busch Series points race with rally to Truex.He was just a toddler when once again won in his eighth start,setting a
four victories and five poles thanks—in he first started going to tracks around track record at New Hampshire
part—to bosses Teresa and Dale Mayetta,N.J. International Speedway.
Earnhardt Jr.giving him the best equip- "I can remember riding to the track In 2001,he ran his first Busch race at
ment and crew available. with my dad.He'd drop me off,I'd go sit in Dover and finished 38th.He ran four more .a
"Life is good,"Truex said with a smile. the stands and watch practice all day,just Busch Series races in 2002 with his best
"No complaints from me.Winning races is hanging out.It was something I always en- finish 17th at Dover while winning two '
what I love to do,and I'm just having a lot joyed,"Truex said. Busch North races.
of fun with it." Forget video games or sitting on the "That was tough,"Truex said."We had a t
And he's also become good friends with couch as a child.Truex was busy riding low budget,not a lot of technical support.
Earnhardt. four-wheelers or his motorcycle with his We'd take our Busch North team and run a
As his boss,Earnhardt provides top friends.By age 10,he was rebuilding en- Busch series race.It was tough to compete a �►
equipment through Chance 2 gines on his own. with them:' � U
Motorsports,co-owned with his step- But it was his mother,Linda,who drove But Truex attracted the attention of
mother,and he's constantly offering tips to him to the track because his father was Richie Gilmore,head of racing operations
help Truex become a better driver. busy with his own races. for Dale Earnhardt Inc.,who introduced
As his friend,Earnhardt hangs out with Truex won the junior class title in 1993 him to Earnhardt.
Truex,playing racing video games. at New Egypt Speedway and took the New Chance 2 hired Truex for six of his 10 •
"We've become real good friends," Jersey Championship Series in 1994 at the Busch races in 2003,and he turned in three
Truex said."He's always putting some bug same track.He moved up to modifieds top-10s,including a pair of second-place
in my ear about something we're trying to when he turned 18 and won his first modi- finishes in the final two races of the year
do and how we're doing.He's been real fied race in his eighth start. for the-team. +�
great and a lot of fun:' Yet his father could o two-year deal.
only give him ad- By December,Chance 2 offered him a
Earnhardt is the son of the late Dale vice during the week.
Ak
Earnhardt,who earned seven Cup champi- "He didn't get to come to the racetrack Truex has proven worthy of the job.He
won his first race at Bristol and added
onships and won 76 races.Truex's father and help me,"Truex said."People helped Nazareth.
tories at Talladega,Gateway and Nazareth.
also loves racing,but he never got beyond me...but I had to do a lot of learning on He has nine top-fives and 11 top-10s in 16
NASCAR's Busch North Series before giv- my own and figure out what was right and races.
ing up his seat to his son. wrong.'
"Martin's doing great,and I'm,really By 2000,he was ready to move up to the Martin Truex Jr.walks down pit road be-
proud how he's handled the pressure," Busch North Series,and his father yielded fore qualifying for the NASCAR Busch se-
Earnhardt said."We have a team that is ca- his seat. vies Federated Auto Parts 300 race on
pable of winning races and winning the "That was a big step for him.I don't June 11 in Gladeville,Tenn. AP
Once easY, U.S. Women's Open F= 1 struercries t® attract Americans
eludes planet's best olf pla er er race in;FI president Berrie Andreti atemptwas aborted
By MICHAEL MAROT Ecclestone said."We need a lot after a partial season.
AP Sports Writer more exposure." BMW Williams team principal
■The first woman in 45 years to play on Ecclestone would not discuss Frank Williams.has developed a
By DOUG FERGUSON the PGA Tour,which gave her first-name INDIANAPOLIS—Formula specifics of a new marketing strat- friendship with NASCAR star Jeff
AP Golf Writer celebrity around the world. One is the world's giant in auto egy,but acknowledged changes Gordon,a driver he calls a"special
■The career Grand Slam. racing.In America,it's barely a may be needed. taler-t"but who is unlikely to make
Annika Sorenstam had every reason to be- ■Induction into the Hall of Fame at the player. There haven't been two F 1 races the switch.Jacques Villeneuve,a
Oeve the toughest test in golf would always be ripe age of 33. At last week's U.S.Grand Prix in the United States since 1984, Canadian with American appeal,
the easiest to win. "I've always felt so comfortable.I've al- here,tickets were a tough sell,the and the circuit has just two races won the 1997 world championship
Playing like she had nothing to lose, ways felt prepared.I always expected to win," stands were filled with foreign each year in North America—the but now is looking for a ride. .
Sorenstam wound up winning the U.S. she said."And when I didn't,I put even more flags and even Michael Canadian Grand Prix in Montreal Defending Indy Racing League
Women's Open for her first LPGA Tour vic- pressure on myself.Not until lately have I Schumacher,one of the world's and the U.S.Grand Prix in champion SCOtL Dixon,of New
tory in 1995.A year later,she missed only five been more patient.I don't think about the biggest stars,talked about his Indianapolis.For the first time this Zealand,already has tested for
fairways the entire week and shot 66 trophy on Thursday.I know that anonymity in the United States. year,F1 ran them on back-tc-back Williams,who believes Dixon
in the final round to win by six scores are not always going to be We have to get our act togeth- weekends to help cut costs and im- needs at least one more season on
strokes,setting a Women's Open low in the majors.' er,"said Eddie Jordan,team boss of prove attendance. the IRL circuit before jumping
scoring record at 272. ji' C Sorenstam gets another chance to Jordan Ford."We understand we Making it three straight weeks, overeas.
"I thought,`Oh,I can do this. l, end her seve n-year drought in the have technology and we have new- some believe,would help ho'_.d the It's not a new phenomenon.
This is a piece of cake,"'Sorenstam U.S.Women's Open next week at fangled cars,but we also have to interest. The only Americans to win world
said."At the time,it felt easy because Orchards Golf Club,a Donald Ross reach out and make that extra ef- "Americans like to be enter- championships are Phil Hill in
I won two in a rqw.The U.S.O design on the campus o unt fort." �u�ed and if we don't entertain 1961 and io Andretti in 1977.
is the biggest tournament we ha* Holyoke in South Hadle ass. Part of the problem is expo- Wem,it won't catch on—simple Eddie gWwr,a former Indy
and the last time I won by(six She.will be the heavy favorite,as sure.For nearly a decade,from as that,"said Tony Purnell,team winner and F 1 3river,believes
shots)at Pine Needles. usual;e3'peciatly after+66tl8tfng&6"" '1991'tttftil the U:S.�Gratid'Prht" "" principal b'f the'Jaguar'team. : there's only-one way to get more
"But then I started to put a lot of Annika 8orenstam field during a 36-hole final round to ' came to Indianapolis in 2000,F1 Another problem is the lack of U.S.It fans h ed.
pressure on myself I wanted it win the LPGA Champi p for didn't even hold an American race.�erican names. " 's gc take an Amenican
badly.And I gotnn my own wayW her seventh major and 52nd care tory. The last U.S.driver in the series While most of the world con- team with Amterican driver,"
Seven years later,the Women's Open now Competition comes from all shapes and was Michael Andretti in 1993,an siders F1 the h_ghest form of rac- Cheever said.""hat's the only way
is the one tournament she can't seem to win. sizes. experiment that flopped. ing,because of the technology, it's going to happen."
Sorenstam has gone through an amazing Grace Park won this year's first major at But in a global economy that strategy and skill involved, That will be difficult,though.
transformation since winning those back-to- the Kraft Nabisco,denying Sorenstam her requires constant growth,F1 is re- Americans have no countrymen or "I don't knc w that you could
back Open titles.The shy Swede known as only stated goal of sweeping the majors this thinking its approach.It is consid- teams.to cheer for—and that have an American team because
"Miss Manners"has become one of the most year.And the teen parade is stronger than ering adding a second American doesn't appear to be changir_g. . everybody's based in Europe,"
dominant players in LPGA history with a list ever,led by 14-year-old Michelle Wie and 17- race,perhaps returning to the Two years ago,Dan Gurny's Ecclestone said."But you could
of feats that rank her among the best ever: year-old Paula Creamer,both of whom al- West Coast for the first time since attempt to field an all-Amer can do it with an American driver."
■The first woman to shoot 59 and break ready have shown they can hold their own 1983. F 1 team failed(because of a lack of Even that may not be good
the$2 million barrier. against anyone. "Maybe we can squeeze anoth- sponsorship. enough.
NOTICE OF A PUBLIC HEARING FOR AMENDMENT TO A -
PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN of public meetings to be held before the City Of Bozeman Development `
Review Committee at 10:00 am on Tuesday,July 6,2004,and before the City of Bozeman Design Review
Board at 3:30 pm on Tuesday July 13,2004 in the conference room,Alfred Stiff Professional Building,20 =
E Olive Street,Bozeman,Montana.
NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY COMMIS- '`
SION on July 19,2004 at 7 pm in the Commission Room,411 E Main Street,Bozeman,MT.
The purpose of the public hearing is to consider an amendment to the approved final Planned Unit
P rP P g PP
Development for Sundance Springs,requested by Steve Parks,4010 Graf St,Bozeman,MT 59715,and
represented by C&H Engineering and Surveying,205 Edelweiss Drive,Bozeman,MT 59718 pursuant to
Chapter 18.36 of the Bozeman Unified Development Ordinance.Said application would allow a relaxation
of approximately 5.5 feet from the rear yard setback required by Section 18.16.050.11 and as originally
established with the Sundance Springs PUD,on property located at 4010 Graf Street.The property is d 3 '
legally described as Lot 90,Sundance Springs Subdivision,City of Bozeman,Gallatin County,Montana. ' �� a =,�•
The zoning designation for said property is R-S(Residential Suburban District). The property is owned by
Steve Parks,4010 Graf Street,Bozeman,MT 59715.
Maps and related data regarding this application may be reviewed in the City of
Bozeman Department of Planning and Community Development,20 East Olive Street, ► ,I. . "k: '
582-2260. For those who require accommodations for disabilities,please contact Ron Locally made custom boats.
Brey, City of Bozeman ADA Coordinator,582-2306(voice),582-2301 (TDD).#Z-
04128 Parks PUD Amendment ♦�w weMontanaBoatbuil ers.com
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136 BOZEMAN DAILY CHRONICLE, Sunday, June 27, 2004
`` AREA SPORTS BRIEFS
Wad goes
Softball tourney is set Billings natives rule
for Crown � The 15th Annual Junior Golf tourney
Haufbrau/Filling Station Adult
Softball Tournament is being Three Billings natives swept
held this weekend.The Crystal the boys'division of the Big Sky
JJunior ifChampionship
un o Go
By ROSS NEWHAN Bar has organized teams from
Los Angeles Times ( Great Falls,Billings and Chester Wednesday and Thursday in
ri to compete with other local Billings as Geoff Oliphant,
LOS ANG'ELES-Could Vladimir ,. . , _4 teams.Men's C and Co-Ed C Austin Dean,and Drew Leveaux
Guerrero be headed toward a coronation in p divisions will begin competing took home trophies in their re-
which he trades his ugly,pine-tar-smeared �k;' today at 9 a.m.at the softball spective divisions.
i complex on Haggerty Lane and Oliphant had the most im-
batting helmet- If he ever gets hit by a (` .� -��- -� � �-
pitch there,the ball will stick;'Angel will finish Sunday afternoon. pressive outing,winning the 14-
Manager Mike Scioscia says-for a Triple � � . ' 15 age division with a score of
Crown? UM'S Tobiason honored 145 over two rounds.Oliphant
An such celebration would be the first shot a 72 in the first round and
Y University co tr Montana sen-
�� --r �' a 73 in his second round.Dean
since Carl Yastrzemski won the American -=� for cross country and track star
nishe
League Triple Crown while serving as left- � Chris Tobiason has been fid first in the 12-13 age
division with a total of 154,and
field architect of the Boston Red Sox's named to the 2004 Academic
�,� Leveaux won the 16-17 age divi-
Impossible Dream»m 1967. �_ All-America Men,s Track Team. sion with a total of 148.
Although seldom mentioned in the same t �.� ' rr, _. Tobiason,a native of Sarah Leveaux of Billings
context with the 64-year drought since Ted - Livingston,became eligible for and Jessica Ness of Roberts,
Williams became the last player to hit.400 AP national consideration when he
and Joe DiMaggio hit in 56 consecutive Anaheim Angels' Vladimir Guerrero reacts after getting tagged out at second In a earned Academic All-District both won their respective age
games during that same summer of 1941, rundown against the Oakland Athletics on Wednesday In Anaheim,Calif. VII first team honors June 3. groups in the girls'division.
leading a league in batting average,home David Stroup of Bozeman
runs and runs batted in is proving to be al- home near Boston., and the Triple Crown. finished fourth in the boys'16-
most as difficult and elusive. p Youth volleyball camp 17 division with a score of 163.
Now 64,Yaz batted.3�6 with 44 homers "I can remember winning the pennant
It has been done only 11 times since the and 121 RBIs during a memorable season in on the last day of the season and not know- Set t0 run In Belgrade Here are the results:i1213
RBI became an official statistic in 1920,and which he catapulted toward the Hall of ing I won the Triple Crown until I read it in The Belgrade Volleyball Sarah Leveaux,Billings,111-116-227
it has been 36 years since Yastrzemski and Fame and helped the surprising Red Sox the paper the next day.I was just so focused Cam for girls will be held Jul Girls 141s
66 since 1937,when Joe Medwick became P p g P P Y ) p g Y Jessica Ness,Roberts, 02-2 185;Mallory
win a pennant. on the race." 26-30 in the Special Events Harmon, Billings, 117-102-219; Lindsey
the last to do it in the National League. Among current Triple Crown candi- Still active at times as a Red Sox instruc- Center in Belgrade. Holzwarth,BillingsBoys 1121�zzs.
The multitalented Guerrero began the dates,he said,Guerrero,Manny Ramirez tor,Yaz has his memories and perspective. The camp will teach tech- Austin Dean, Billings, 80-74-154; K.C.
weekend series with the Dodgers among the and Albert Pu'ols share two factors that Yet,it's hard to lain 36 ears without a ni ues in hitting,passing,serV- Kindle,Malta, dam Zw sz;Jake Hedge,Billings,
g g ) �P Y q g p g 81.82-163;Adam Zwemke,Billings,98•102-
league leaguers in each of the three cate- were critical to him as well:Protection in Triple Crown winner when the longest previ- ing,setting,blocking and team 200;Jake Holzwarth,Billings,107-107-214.
ories.His ace projects to a.354 batting the lineup Ton Coni tiaro batted be- ous span was 10 ears,between Mickey concepts. Boys 14 72
15
g P P ) g P-� Y g P Y Y P Geoff Oliphant,Billings,72-73-145;Gordon
average,42 homers and 149 RBIs,but hind him-and a competitive team. Mantle in 1956 and Frank Robinson in 1966. Registration forms can be Webb,Malta,77-71-148.
there's a long way to the wire. "I'd have never won the Triple Crown if Some theorists say that the home run picked up at students'school of- Drew Leveaux,o BilMgs? 74-74-148; Jon
"Home runs and RBIs tend to go togeth- that had been the only thing on my mind," has become such a dominant factor,that fices.The camp is$40 per Laurent,Billings,76-76.152;Travis Gates,Billings,
er,but getting the batting average,getting Yaz said."But we were in a four-team en- bulked-up players think only of tailoring camper. 154;David
S Marcus BozVuleteman,
Billings,7s-75-
g g g g g g P P P Y Y g P 154;David Stroup,Bozeman,84.79-163.
that third part,is probably the toughest as- nant race the last month of that season and their swings in that direction,at the expense For more information,contact
pect,"said Yastrzemski from his summer there wasn't one thing written about me of situational hitting. Reene'at 388-6862 or 586-9199. From Chronicle staff reports
Legion/from page B1
Outlaws sweep Cubs Scott said."The big thing is,we played GAME 2
Gvo 323 20 -10 10 1 Klemann around the bases with asin- With one out and Clint Marcott on
DILLON-The Gallatin Valley good defense. Dillon 000 00 -0 1 1 gle,a stolen base and a passed ball, second base,Klemann grounded out to
Zeb Miller hit a three-run homer Marx and Chaffins.Fogel and Dalton.ALLEY-Shane Koski 1-2.Clark 1-4(2B), which scored Klemann and put Bell on second to move Marcott to third as the
Outlaws needed just 10 innings to and Marx added a solo shot in Game 1. Mil GALLATIN 28)VC affins 13,Thomas Boyce 1-1(2B),Shane third.Eric Dighans(2-for-4)then run.Regardless,Great Falls sur-
sweep the Dillon Cubs in an American g ( - ) h'mg g
Legion Class A doubleheader on Nate Anderson,David Knobel,Gene Rilurston ey Cope 3(2B) Potts 0-1,Sinnema 0-3,Cliff Martin 1-3, brought Bell home on a single,drawing vived by striking out the next batter.
Saturday.The Outlaws blasted 26 total White,Daniel Corbin and Marx each DILLON-Devers 1-2,Dalton 0-2,Burwell 0-2,Myers 0. the Bandits to within one run. GAME 1
had two hits. 2,Fogel 0.1,Drake Wanner 0-2,Willis 0.1,Zack Mceray 0-1, The comeback came t0 a head when Great Faits 004 201 0 -7 9 5
hits en route to merry-rule wins by Miles Wapner C-1,Thatcher 0.1,Joe Rogers 41. Belgrade 202 000 2 � s 2
scores of 16-0 and 10-0. Shane Thurston and Riley Cope had Brad Mundt grounded out to first to Wickman and Carnahan.Clint Marcott,Mike Bell and Joe
two hits apiece in the second game. Bandits drop two to Great Falls Ramler.
Jeremy Knowles allowed just three The Outlaws la host to el Belgrade A BELGRADE-Saturdays American move Dighans to third as the tying run, GREAT FALLS- Reichelt 2-3(28),Bolluitt 2-4,Johnson
hits and threw just 58 pitches to register play g Y but Dighans was unable to reach home 2-3,Whitakerl-3(3B),McCord 1-4,Pepos 1.4,Kolva 0-4,
naha 0-3,11 strikeouts in the opener.He went to for doubleheader that starts at 2 p.m. Legion doubleheader resulted in a lot of as T.J.Ryles flied out to rightfeild to end CarBELGRADE-J m lK em nn 1-2,Scot Hayes 0-1,Mike
a two-ball count just twice and didn't today. heatbreak for the Belgrade Bandits A the ga1T1e. Bell 1-1,Jayce Hertzog 0.2,Nate Quattrocchi 0.2,Eric Dighans
2-4,Dan Filson 2-4(2B),Brad Mundt 0-4,TJ.Ryles 0.4,Joe
GAME 4 team.Twice the relin uished leads and Game 2 turned into more of a itch- Ramler 0-2,Clint Marcott 0.3.
walk a batter.Toby Marx won Game 2 Gvo oos as -1s 1s o Y q p
when he surrendered one hit and Dillon 000 00 -0 3 1 twice they left tying runs on third base ers'duel as Belgrade held a 1-0 lead GAME 2
Jeremy Knowles and Taylor Blakely.Weston Devers,Clark Great Falls 000 020 1 6 3
struck out five. Willis(5)and Kyle Burwell. in the seventh inning,losing both through five innings. Beigrade 100 000 1 -2 4 6
In the field,GVO made just one er- GALLATIN VALLEY-Zeb Miller 1-3(HR).Kyle Clark 1-3 games 7-6 and 3-2 to Great Falls. However,the Bandits fell behind 3-1 Andersen.Whitaker and Carnahan.Quattrocchi(6),Bell and Luke
(2B),Patrick Sinnema 1-1(28),Toby Marx 2.4(28,HR),Jus:in In the first sine ror in improving to a perfect 21-0 in Chaffins 1-2.Nate Anderson 2.2,Blakely 1-4.David Knobel g ,Great Falls took a before going to work in the bottom of GREAT FALLS-Reichelt 1-4 (23), Bolluitt 1-3 (213),
3(2B),Cliff Martin 1-1,Gene White 2-3,A m Pott>0-1, Johnson 4 Whitaker 1-3(2B),McCorc 0-2,Pepos 0-3,Move
conference play and 3 - 4 overall. Daniel Corbin 2.2. 7-4 lead before Belgrade mounted a seventh inning.Ryles scored on a 1_3,c 0-2,Clark 1-2."Both Toby and J threw DILLON-Devers 0-2,Davin Dalton rwe 1 1-2, comeback in the final frame.Banditae.
res of errors,once again bringing the BE -Klemann 0-3, Hayes 0-3, Hertzog 0-1.
" Tilford Myers 0-2,Boe Fogel 1-2,Drake Wal 1.2.Willis C. Quattroc, 3,Bell 0.0,Dighans 2-3,Filson 0.2,Mundt 0-3,
strikes, Gallatin Valle7roach Duwayne 2,Miles wanner 0-2,Taylor Thatcher 0.1. Mike Bell pushed himself and Jim Bandits to within one run of a tie. Ryes 1-3,Andersen 0-1,Casey Keniscn 0-1,Marconi 1-3.
Appelb m/from page B1
basketball team as assist coach.The club team, a steal or two in thSurry to close the gap to one, to will him to succe0ven in defeat. sport,it's nice to a familiar face and name suc-
based in California's San Fernando Valley,was swiped the ball near midcourt and swooped in for He would shout instructions to his teammates ceed,and succeed by playing the right way.
coached by Ernie Wallengren.Coach Ernie had an easy layup and the lead.The other team heaved on the floor to get in the right position on defense, Drew last played competitive hoops as a sopho-
built one of the strongest club hoops programs in a 3-point dud at the buzzer..Sabes saved my kosher cheer someone else if they made a nice shot.He more on Calabasas'junior varsity squad.He's most
Southern California before the horrors of bacon. would do everything to win.Maybe a little of that likely going to play baseball for at least the next
Amyotrophic Lateral Sclerosis(Lou Gehrig's He also helped the Eagles eek out a double over- competitive spirit came from his father,but Drew four or five years,probably much longer.
Disease)took his life last May. time win at Pierce CC in the Valley.And Drew was has now started to build up a name for himself. But I'll always think of Drew Saberhagen as a
I felt like one of the guys,helping Coach run also there for my first game as a head coach of the "I definitely think my dad also hated to lose.He basketball player.No,I take that back.I'll always
drills at practices and then help lift the players' Eagles:we were about to play a gaggle of Yeshiva was more the type of competitor who would just think of Drew as a great competitor.
spirits being the rah-rah assistant during games.I kids who looked more fit to play snooker in Tel go out there and do his job and be a leader.I'm Eliav Appelbaum is at
had more fun coaching and hanging out with that Aviv.I'm not sure if some of those kids even knew more of a vocal leader,"Drew said."But my dad's eppelbaum@dailychronicle.com
team than I ever did playing the sport. what a basketball looked like. always told me to go hard:it's not
Drew graduated from Calabasas High School "I remember we were sitting on the side just an option to lose. GALLATIN AYSO (formerly named Bozeman Youth Soccer League)
two weeks ago and played first base and pitcher for watching Yeshiva do their layup drill,Drew said "Even if my dad and I were
the Coyotes.(The elder Saberhagen is now in with a laugh. playing a Nintendo game,he
charge of Calabasas'baseball squad.)Drew said This was my first game alone at the helm.This wouldn't let me win,'
that he'll likely stick with a commitment he made was a must win-for me at least. With substance abuse scandals
back in November to play for Pepperdine Yet Yeshiva busted its tail throughout the after- tainting almost every major '
University in Malibu,Calif.,even if the Rs make noon.Those kids in varlmulkas and long,curly
him a contract offer.Hard to go wrong either way. sideburns had the lead through most of three quar- FOUR RIVERS JUNIOR GOLF 2004 FALL REGISTRATION
If there was ever a player who would consistent- ters and I couldn't get any of the Eagles to start fo- AT MADISON MEADOWS
ly bail out the Blue Eagles,or at least make things cusing on how we should play rather than worry GOLF COURSE IN ENNIS & REGISTRATION ENDS JUNE 30
interesting,it was Drew.When Ernie split the about who we were playing.I knew who to turn to. HEADWATERS GOLF Registration must be postmarked by June 30,2004
Eagles into-two different teams for part of the sum- Yeshiva may have had God on their side,but I COURSE IN THREE FORKS.
mer in 2000,I led the B squad and Drew quickly had Drew.And he was enough to help us pull out MONDAY JUNE 28th Registration form can be picked-up at the Bozeman Swim Center or The Soccer Shop.
q q Y g P P AAges 14 and up at Madison
became the backbone of that team. an ugly,ugly(think armadillos with spatula-sized Meadows Golf Course. For updated information:visit our new website at www.gallatinayso.org
During one of Drew's best games at North warts)victory.Instead of lofting 3-pointers,Drew •Ages 13 and under at email us at soccer@gallatinayso.org,or call 585-3005.
Hollywood High's gym against the ARC started driving to the hole.He started'getting steals Headwaters Golf Course. Send completed registrations with$30 registration fee to:
Wolverines,the Eagles found themselves down 10 and layups.He was the catalyst for that win. 8 AM SHOTGUN START. F S 8
points with about 75 seconds left. Drew was never the sharpest shooter or the EVERYONE NEEDS TO Gallatin AYSO,PO Box 1810,Bozeman,MT 59715CHECK IN BY 7:30 AM
After calling time and setting a full-court press, slickest passer.He didn't have demon speed or the IF YOU HAVE ANY QUESTIONS AYSO is a volunteer organization.Volunteers are needed for many positions!
the good guys kept getting steal,bucket,steal, ball-handling savvy of a John Stockton.Yet his de- PLEASE CALL BRIDGER CREEK Parents sign up and help make this a great program for your kids!
bucket,steal,bucket.Then Drew,who already had sire to win,even at 14-years old,would always seem GOLF COURSE AT 586-2333 THE CHILDREN NEED YOU I I
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CIT*F BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
August 2, 2004
Steve Parks
233 Edelweiss Dr, Suite 9
Bozeman, MT 59718
Dear Steve:
The Planning Director has given final site plan approval to the revised Lot 90, Sundance Springs PUD. A
copy of the'approved landscaping plan is included with this letter. As I had discussed with Mark Chandler in
earlier correspondence and by phone, in order to ensure compliance when the actual installation of the
materials happens, the landowner needs to submit the final landscaping plan prior to actual installation
showing the integration of the covenant required landscaping with the landscaping required to meet the
condition of approval unposed by the City Commission. The layout and number of plants along with their
species should be reviewed and signed by a qualified landscape professional prior to submitting it to us. We
will not be reviewing the landscaping for the remainder of the lot, simply malting certain that the installed
landscaping will meet the required condition.
Good luck with moving forward with this project.
Sincerely,
Chris Saunders
Associate Planner
c: Mark Chandler, C&H Engineering, 205 Edelweiss Drive, Bozeman MT 59718
file
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination
REAR YARD MIXTURE OF REDTWIG DOGWOOD \
SHRUBS AND OTHER NATIVE
LANDSCAPING PLAN SHRUBS (TYP.)
\ OPEN SPAC-2
\ 7123104 PNo MEND 15.53 ACRES /
�Z \ LOT 91 0 J o 5o'�a S 1E �N
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M \ LOT 89 1
CD OWNER: STEVE PARKS o
\ PROPERTY ADDRESS: 4010 GRAF STREET o L5'IT \
m LEGAL DESCRIPTION: LOT 90, SUNDANCE SPRINGS w w \
o Engineeri g and urveying.In w
SUBDIVISION, PHASE 2B w
Mo Montana 205 Edelweiss 0 ive•Bozemlan,Mont 59718 >
r Phone(406)58 -1115•Fa (406)587-9768 NOTE: THERE IS NO FLOODPLAIN OR WETLANDS ON LOT 90. 0o �
06 www.chengineers. om•info@�hengineers.com S et 1 of 1 THERE ARE CURRENTLY NO TREES. #03402.1(D)
0
NO MODIFICATION
of these plans and/or elevations
without prior written approval
from the Planning Office
PLAN
REVIEWED & APPROVED
EP . OF PLANNIN
AND M UNITY D VE EN
DIRE
DATE
CIAF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozemon.net
July 29, 2004
Chandler Mark Ch
205 Edelweiss Dr
Bozeman,MT 59718
Dear Mark
I have discussed the draft landscape plan you sent for 4010 Graf St. I have discussed it with the Planning
Director and the drawing appears to meet the intention of the condition of approval required by the City
Commission and be sufficient for final plan approval. In order to ensure compliance when the actual
installation of the materials happens, please the landowner needs to submit the final landscaping plan prior
to actual installation showing the integration of the covenant required landscaping with the landscaping
required to meet the condition. The layout and number of plants along with their species should be
reviewed and signed by a qualified landscape professional prior to submitting it to us.
In response to your other questions about encroachments by paving materials,the sidewalk and backup area
is allowed to encroach 2 feet into a required side or front yard. The yards must always remain at least 75%
covered with vegetation. The preference would be for a flagstone/paver style walkway with a side yard
rather than a solid concrete one.
Please let me know if you have additional questions.
Sincerely,
Chris Saunders
Associate Planner
c: file
planning • zoning . subdivision review . annexation . historic preservation . housing . grant administration • neighborhood coordination
C&H ENGINEERING AND SURVEYING, INC.
205 Edelweiss Drive,Bozeman, MT 59718
❑Phone (406) 587-1115 ❑ Fax (406) 587-9768
email: info@chengineers.com
LETTER OF TRANSMITTAL ;J L C �I
DATE: July 27, 2004 J U L 2 8 2004
TO: City of Bozeman Planning Office DEPARTMENT OF PLANNING
ATTN: Chris Saunders AND COMMUNITY DEVELOPMENT
P.O. Box 1230
Bozeman, MT 59771
FROM: Mark A. Chandler,P.E.,P.L.S.
RE: Parks PUD Amendment (03402)
QTY. DESCRIPTION
1 Copy of recorded"Conditions of Approval for a CUP to Amend PUD"
3 Copies of Rear yard landscaping plan
PURPOSE:
As You Requested For Design Revisions
For Your Information/Records For Your Signature/return
✓ For Review &Approval Other: (See Remarks)
U.S. Mail Federal Express ✓ Hand Delivered
REMARKS:
Thanks. Mark
Copies to:
rd 2157440
I II�II)Illlf IIIII 1I�IIII II�II 111 IIIIIII 1 II��IIII 0�n,2094 04:85P
Shalloy Vane-Gallatin Co MT MISC 12.00
CONDITIONS OF APPROVAL-FOR A-CONDITIONAL USE PERMIT TO AMEND A PREVIOUSLY
APPROVED.PLANNED M-T-M-EVELOB.RIN ENT
CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT TO AMEND THE
SUNDANCE SPRINGS PUD FOR PROPERTY LOCATED AT
4010 GRAF STREET, BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit from the City of Bozeman to allow modification of the Sundarice Springs PUD
required-rear yard setback to allow an attached porch to be closer than otherwise allowed to the
rear lot line and have a required rear yard of 14.35 feet for.the area immediately adjacent to the
porch; and
WHEREAS, the subject property is legally described as Lot 90, Sundance Springs
Subdivision, City of Bozeman, Gallatin County, Montana; and
WHEREAS,the Conditional Use Permit is subject to the following five(5) conditions
and code provisions:
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90.The changes
in wording shall only apply to Lot 90.
3. The right to aConditional Use Permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the Conditional Use Permit procedure.
4. All of the special conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his/her successors or assigns, shall be consented to in writing,
and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the issuance of any building permits or final site plan approval.
5. In order to mitigate the appearance of the encroaching structure on the common open space
40% of the area between the back of the home and the eastern property line shall be planted
with avarietyof native trees and/or shrubs.Species selection is at the discretion o£the applicant
but must be consistent with the requirements of the Sundance Springs covenants. The
landscape design is subject to review and approval byPlanning staff prior to final approval of
the requested modification: --
NOW, THEREFORE, BE IT HEREBY KNOWN,that the above-noted five(5)
conditions and code provisions of Conditional Use Permit approval shall be binding upon me,the
undersigned owner of the subject property,my successors or assigns.
PARKS MODIFICATION TO THE SUNDANCE SPRINGS PUD,#Z-04145 PAGE 1 OF 2
2257440
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ( `
III III IIIIIIIIII 07/022 2004 04:05P
Shelley Vance-Gallatin Co MT MISC 12.00
CONDITIONS`OF-:kP.PROVALFOR'-A CONDITIONAI.:USE'PER&ffT=TO()AW E1ND=iyPREVTOU°SLY
—7
AP.PROV.ED_ELANNEDUNIT-DEVEE'OPNMN'T
DATED THIS DAY OF �`I , 2004.
STATE OF MONTANA }
):ss
County of Gallatin )
On this P-P-- day of ,2004,before me the undersigned,a
Notary Public in and for the State of Montan a sonally appeared Steve Parks,known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that he did
execute the same.
IN WITNESS WHEREOF,I have hereunto set myhand and affixed myNotarial Seal the day
and year first above written.
NOTARY PUBLIC FOR THE STATE OF MONTANA
U\Ar 6 r,r \-
(Printed Name)
Residing at
My Comrnission expires / IR_/200-3--
(SEEP 'I,No$o
ZAli14
•- <PARKS MODIPICATION TO THE SUNDANCE SPRINGS PUD,#Z-04148 PAGE 2 OF 2
�� Subject
�OQ Property
R-1
PEACE PIPE N
CI1&F BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net
Bozeman, Montana 59771-1230 www.bozemon.net
July 20, 2004
Steve Parks
4010 Graf St .
Bozeman, MT 59715
Dear Mr. Parks,
The City Commission has conditionally approved the requested amendment for lot 90 of the Sundance
Springs subdivision. The preliminary approval is valid for six months from the date of approval, so you have
until January 19, 2005 to complete the conditions of approval. I understand that you wish to move
expeditiously to complete this matter. I have included with this letter the document which we discussed that
must be signed and recorded with the Gallatin County Clerk and Recorder's office.
The conditions of approval are as follows:
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90. The changes in
wording shall only apply to Lot 90.
3. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and
special conditions imposed by the Conditional Use Permit procedure.
4. All of the special conditions shall constitute restrictions running with the land use, shall apply and
be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of
the land, his/her successors or assigns, shall be consented to in writing, and shall be recorded as
such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the
issuance of any building permits or final site plan approval.
5. In order to mitigate the appearance of the encroaching structure on the common open space 40% of
the area between the back of the home and the eastern property line shall be planted with a variety
of native trees and/or shrubs. Species selection is at the discretion of the applicant but must be -
consistent with the requirements of the Sundance Springs covenants. The landscape design is
subject to review and approval by Planning staff prior to final approval of the requested
modification.
In order to finalize the review process several items must now be completed. As discussed at the City
Commission meeting and reflected in the conditions of approval, the required landscaping plan must be
reviewed and approved by staff prior to final approval of the requested modification. Also the enclosed
document must be signed and recorded. Because the landscaping plan is a specific condition of approval the
planning • zoning • subdivision review . annexation • historic preservation • housing • grant administration • neighborhood coordination
City has standing to enforce thIperformance of this required action. Pletmake certain to emphasize the
need to follow the landscaping plan when discussing this subject with the future owners. Otherwise we'll be
back into a nonconforming situation again which we all hope to avoid.
Please let me know if you have any questions on this matter.
Sincerely,
Chris Saunders
Associate Planner
c: Mark Chandler, C&H Engineering
file
Page 2
Sr
76 r7
1
erf
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT TO AMEND A PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT
CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT TO AMEND THE
SUNDANCE SPRINGS PUD FOR PROPERTY LOCATED AT
4010 GRAF STREET ,BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit from the City of Bozeman to allow modification of the Sundance Springs PUD
required rear yard setback to allow an attached porch to be closer than otherwise allowed to the
rear lot line and have a required rear yard of 14.35 feet for the area immediately adjacent to the
porch; and
WHEREAS, the subject property is legally described as Lot 90, Sundance Springs
Subdivision, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the Conditional Use Permit is subject to the following five (5) conditions
and code provisions:
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90.The changes
in wording shall only apply to Lot 90.
3. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general
and special conditions imposed by the Conditional Use Permit procedure.
4. All of the special conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his/her successors or assigns, shall be consented to in writing,
and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the
property owner prior to the issuance of any building permits or final site plan approval.
5. In order to mitigate the appearance of the encroaching structure on the common open space
40% of the area between the back of the home and the eastern property line shall be planted
with a variety of native trees and/or shrubs.Species selection is at the discretion of the applicant
but must be consistent with the requirements of the Sundance Springs covenants. The
landscape design is subject to review and approval by Planning staff prior to final approval of
.the requested modification.
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted five(5)
conditions and code provisions of Conditional Use Permit approval shall be binding upon me,the
undersigned owner of the subject property, my successors or assigns.
PARKS MODIFICATION TO THE SUNDANCE SPRINGS PUD,#Z-04148 PAGE 1 OF 2
CONDITIONS OF APPROVAL FORA CONDITIONAL!USE:PERMIT TO AMEND A.PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT
DATED THIS DAY OF , 2004.
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of ,2004,before me the undersigned, a
Notary Public in and for the State of Montana,personally appeared Steve Parks,known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that he did
execute the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
NOTARY PUBLIC FOR THE STATE OF MONTANA
(Printed Name)
Residing at
My Commission expires / /20
(SEAL)
PARKS MODIFICATION TO THE SUNDANCE SPRINGS PUD,#Z-04148 PAGE 2 OF 2
f CITOF BOZEMAN
P
+` DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT-
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
NOTICE OF A PUBLIC HEARING FOR AMENDMENT TO A
PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN of a public hearing to be held before the BOZEMAN CITY
COMMISSION on Monday, July 19, 2004 at 7:00 pm in the Commission Room, 411E Main Street,
Bozeman,MT.
The purpose of the public hearing is to consider an amendment to the approved final Planned Unit
Development for Sundance Springs, requested by Steve Parks, 4010 Graf St, Bozeman, MT 59715, and
represented byC&H Engineering and Surveying, 205 Edelweiss Drive, Bozeman,MT 59718 pursuant
to Chapter 18.36 of the Bozeman Unified Development Ordinance. Said application would allow a
relaxation of approximately 5.5 feet from the rear yard setback required by Section 18.16.050.B and
as originally established with the Sundance Springs PUD, on property located at 4010 Graf Street.
The property is legally described as Lot 90, Sundance Springs Subdivision, City of Bozeman, Gallatin
County, Montana. The zoning designation for said property is R S (Residential Suburban District). The
property is owned by Steve Parks, 4010 Graf Street, Bozeman, MT 59715.
Public comment on this application may be submitted to the City of Bozeman Department of
Planning and Community Development,20 East Olive Street,Bozeman,MT 59771.
Maps and related data regarding this application may be reviewed in the City of Bozeman
Department of Planning and Community Development, 20 East Olive Street, 582-2260. For those who
require accommodations for disabilities,please contact Ron Brey, City of Bozeman ADA Coordinator, 582-
2306 (voice), 582-2301 (TDD). #Z-04128 Parks PUD Amendment
SUBMITTED THURSDAY, JUNE 24, 2004 FOR SUNDAY, JUNE 27, 2004 DISPLAY AD
PUBLICATION, PLEASE.PRINT BOLD AS INDICATED, AND SEND AFFIDAVIT TO CITY OF.
BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT.
planning zoning subdivision review . annexation historic preservation'- housing grant administration neighborhood coordination
!Y Subjed
prop-+r
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Page 2
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DEPARTMENT OF PLANNING
AND COMMUNITY DEVELOPMENT
July 19, 2004
Planning and Zoning
Attention: Chris Sanders
City of Bozeman
20 E. Olive
Bozeman, MT 59715
Re: PUD Amendment
Lot 90, Sundance Spring Subdivision
Mr. Steve E. Parks, Jr.
Dear Mr. Sanders:
The Sundance Springs Residential Homeowners Association(SSROA)Board of
Directors has reviewed the PUD Amendment filed by Mr. Steve E. Parks, Jr. in regard to
Lot 90 in the Sundance Springs subdivision. We have also reviewed a variance request by
Mr. Parks to the SSROA Covenants to provide for the setback outlined in the PUD
Amendment.
The SSROA Board of Directors approved this variance to the Covenants on July 15, 2004
subject to an agreement between Mr. Parks and the SSROA, and the payment of a fine.
The variance was also subject to Mr. Parks satisfactorily addressing with adjacent
homeowners mitigating the loss of their view sheds. All of these conditions have been
met, and we support Mr. Parks PUD Amendment filing.
We would like to clarify, however, that the PUD Amendment Notice in front of the
property reads that the application would allow a"relaxation of approximately 5.5 feet
from the rear yard setback". In our variance, Mr. Parks asked for a variance of 5.65 feet.
Secondly, the language above should not be construed to mean that Mr. Parks has a
variance to be within 5.5 feet of the rear lot line. The variance provides for a 5.5 feet
encroachment into the required 20 feet setback from the rear lot line. Our agreement for
providing the variance to our Covenants specifically prohibits any future improvements
that would further encroach on the rear setback requirement,unless approved by the
SSROA Board of Directors.
Sincerely,
Sundance Springs Residential Homeowners Association
Board of Directors
13-1()4rrn.Anv 170;.Rnvr— %A—f—50771 .AAA QQd Q11R. nnionnnenrinnc6nontin*moil rtnm
CITY COMMISSION STAFF REPORT
PARKS MODIFICATION TO THE SUNDANCE SPRINGS CUP/PUD FILE NO. #Z-040748
Item: Zoning Application#Z-04148, a Conditional Use Permit Application to
amend an existing Zoning Planned Unit Development to allow a
relaxation of a rear yard setback on Lot 90, Sundance Springs and
zoned "R-S" Residential-Suburban District
Property Owner. Steve Parks
4010 Graf Street
Bozeman,MT 59715
Representative: Mark Chandler
C&H Engineering
205 Edelweiss Dr
Bozeman,MT 59718
Date: Before the Bozeman City Commission on Monday,July 19, 2004 at 7:00
p.m. in the Commission Meeting Room, City Hall, 411 East Main
Street, Bozeman,Montana.
Report By: Chris Saunders, Associate Planner
Recommendation: Conditional Approval of the PUD amendment
PROJECT LOCATION
The subject property is described as Lot 90, Sundance Springs, and is located at 4010 Graf Street. The site
is approximately 0.3 acres and is zoned "R S," Residential Suburban District. Please refer to the following
vicinity map.
#Z-04148 PARKS MOFIDICATION TO THE SUNDANCE SPRINGS CUP/PUD Staff Report 1
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PROPOSAL
The Conditional Use Permit application to amend the existing Sundance Springs Zoning Planned Unit
Development to allow a 14.35 foot rear setback on Lot 90. The lot setbacks for Residential Suburban lots
are established through the PUD process. The original Sundance Springs PUD established a 20 foot rear
yard setback.
ZONING DESIGNATION &LAND USES
The subject property is zoned "R S," Residential Suburban District. The intent of the "R S" district is to
allow open space, resource protection and single-household development in circumstances where
environmental constraints limit the desirable density. The following land uses and zoning are adjacent to
the subject property:
North: Single-household residences in Sundance Springs, zoned "R S" (Residential Suburban
District).
South: Single-household residences in Sundance Springs, zoned "R-S" (Residential Suburban
District).
East: Open space as part of the Sundance Springs PUD, zoned "R S" (Residential Suburban
District).
West: Single-household residences in Sundance Springs, zoned "R S" (Residential Suburban
District).
ADOPTED GROWTH POLICY DESIGNATION
The property is designated Residential. The Residential land use designation denotes areas where the
primary activity is urban density living quarters. However, in areas with strong constraints and natural
features lower density is appropriate. Development should be arranged with consideration given to the
existing character of adjacent cevelopment, natural constraints, and in a fashion to advance the overall goal
of the growth policy. The Sundance Springs development is within an area with such limitations and was
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Siaff Report 2
• •
designed to avoid wetlands, floodplains, and other similar constraints. It is a larger lot development which is
of similar character to adjoining single household development located outside of the City.
REVIEW CRITERIA&FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Site Plan against relevant chapters
of the Unified Development Ordinance (UDO), and as a result offers the following summary review
comments below. The proposed amendment does not affect the majority of the PUD review criteria. The
original PUD is still in affect which did address the review criteria. Therefore,unless the proposed change of
rear yard setback affects a particular item, a notation of "No change from the original PUD" is made. The
findings outlined in this report include comments and recommended conditions provided by the
Development Review Committee (DRC), and Design Review Board (DRB). All PUDs are reviewed against
the criteria for site plans,conditional use permits,and planned unit developments.
Section 18.34.090.A"Site Plan Review Criteria"
In considering applications for site plan approval under this title,the City Commission shall consider
the following:
1. Conformance to and consistency with the City's adopted growth policy
The development proposal is in conformance with the "Residential" land use classification
in the Bozeman 2020 Community Plan. Since the original approval of the Sundance Springs
PUD the growth policy designation has changed. However, the original PUD is also in
compliance with the fundamental purpose and intentions of the current land use designation.
Specific goals related to the Bozeman 2020 Community Plan and relevant to this particular
application include the following:
• Goal 1.6.3 Regulatory Mechanisms - Ensure that all ordinances and policies
undertaken by the City to implement the goals and objectives of this plan are
clear, concise, and are reviewed for adequacy and consistency with this plan at
least every five years.
Objective 1 - Ensure that development requirements and standards are efficiently
implemented, effective, and proportionate to the concerns being addressed. The use
of a PUD amendment to address the current concern of a rear yard encroachment
means that there is a proper procedural path to consider approval in a fashion that is
proportionate to the problem
• Goal 6.6.4 Natural Environment and Aesthetics- Ensure adequate review of
individual and cumulative environmental and aesthetic effects of development to
preserve the viewsheds, natural fuctions and beauty which are a fundamental
element of Bozeman's character.
Objective 1 requires protection of "important wildlife habitats, and natural areas
which provide for beneficial functions, such as floodplains." The a portion of the
intent of the 50 foot watercourse setback is to protect the natural environment
including the existing wildlife. The open space provided with the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 3
provides habitat area adequate to the need. The relaxation does not appear to
conflict with standards adopted to protect natural resources.
• Goal 8.14.1 Protect the public health, safety and welfare of Bozeman area
residents,and protect private and public property.
The depth of the ground water is a significant issue with this property and was a
substantial issue during the initial review of the Sundance Springs PUD. The City
Commission adopted a condition of approval with the subdivision plat requiring a
plat note identifying the possible restrictions for basements. The original plat review
also included groundwater monitoring,floodplain mapping, and similar investigation.
The proposed relaxation of the rear yard setback does not appear to intrude into any
area identified as having special hazards. The relaxation of the yard does not appear
to encroach into any identified flood plain.
• Goal 8.14.2 Identify, protect and enhance natural resources within the planning
area and important ecological functions these resources provide.
Objective 1 states "retain and enhance the benefits wetlands provide such as
groundwater and stream recharge, fish and wildlife habitat, flood control, sediment
control, erosion control and water quality." Objective 3 states "protect riparian
corridors to provide wildlife habitat and movement areas, and to buffer water
bodies." The original Sundance Springs PUD provided for protection of these types
of areas and the proposed amendment does not interfere with that protection.
2. Conformance to this title, including the cessation of any current violations
The application under consideration is to cure a current illegal encroachment into a required
rear yard. No other violations have been identified and except as noted the development of
the site appears to be in conformance with Title 18,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.
3. Conformance with all other applicable laws,ordinances, and regulations
.The application appears to be in conformance.
4. Relationship of site plan elements to conditions both on and off the property
The home placed on Lot 90 appears to be designed and located on the property in a fashion
consistent with requirements of the PUD with the exception of the rear yard encroachment.
The overall PUD addressed these items.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
No change from the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 4
6. Pedestrian and vehicular ingress and egress
No change from the original PUD
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
No change from the original PUD. The PUD provided a landscaping plan which addressed
the common areas and provided standards for landscaping on each residential lot. The use of
resources to mitigate the encroachment by landscaping within any common areas must
comply with the landscaping plan for the common areas approved with the original PUD.
S. Open space
No change from the original PUD
9. Building location and height
No change from the original PUD
10. Setbacks
The minimum yard setbacks in the "R S" zoning district and Sundance Springs residential
section were set during the initial PUD approval. As currently approved and described on
page 21 of the covenants these are:
• 25 foot front yard setback
• 20 foot rear yard
• 15 foot side yard
• 50 foot setback from any stream or pond
The requested relaxation on Lot 90 will reduce the rear yard setback, on that lot only, to
14.35 feet from the rear property line. If approved by the City Commission through the
PUD process this setback will be in compliance with all zoning requirements. This would
also remove the nonconforming status that currently is burderiing the lot. The relaxation
does not appear to have a material impact on the any of the site character elements, open
space appearance or usability, public/private interactions such as driveways, or other public
concerns. The landowner has met with the homeowners association and has reached
agreement with them regarding the encroachment and mitigation. A copy of the letter from
the homeowners association is included as an attachment to this report. If this relaxation is
approved,the covenants will need to be revised to reflect the approval.
11. Lighting
No change from the original PUD
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 5
12. Provisions for utilities, including efficient public services and facilities
No change from the original PUD
13. Site surface drainage
No change from the original PUD
14. Loading and unloading areas
Not applicable.
15. Grading
No change from the original PUD
16. Signage
No change from the original PUD
17. Screening
No change from the original PUD
18. Overlay district provisions
Not applicable
19. Other related matters, including relevant comment from affected parties
No comment has been received as of the writing of this report.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title,whether the lots are either.
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
Not applicable.
Section 18.34.100 "City Commission Consideration and Findings for Conditional Use
Permits"
In addition to the review criteria outlined above,the City Commission shall, in approving a
conditional use permit,find favorably as follows:
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 6
• •
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
The subject property is 0.3 acres. The use of the property for a single home leaves room for the
other activities such as landscaping. Fences and similar activities are controlled by both the
Unified Development Ordinance, and more strictly, by the approved covenants. The relaxed
yard area appears to be acceptable in the particular circumstances of this application.
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof.
No change from the original PUD
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
No change from the original PUD
Section 18.36.090 "Planned Unit Development Design Objectives and Criteria"
In addition to the review criteria outlined for site plan and conditional use permit review, the City
Commission shall, in approving a planned unite development,find favorably as follows:
a. All Development. All land uses within a proposed planned unit development shall be
reviewed against, and comply with, the applicable objectives and criteria of the
mandatory"All Development" group.
1. Does the development comply with all City design standards, requirements and
specifications for the following services: water supply, trails/walks/bike ways,
sanitary supply, irrigation companies, fire protection, electricity, flood hazard areas,
natural gas, telephone, storm drainage, cable television, and streets?
No change from the original PUD
2. Does the project preserve or replace existing natural vegetation?
No change from the original PUD
3. Are the elements of the site plan (e.g., buildings, circulation, open space and
landscaping, etc.) designed and arranged to produce an efficient, functionally
organized and cohesive planned unit development?
No change from the original PUD.
4. Does the design and arrangement of elements of the site plan (e.g. building
construction, orientation, and placement; transportation networks; selection and
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 7
0 •
placement of landscape materials; and/or use of renewable energy sources; etc.)
contribute to the overall reduction of energy use by the project.?
No change from the original PUD.
5. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
No change from the original PUD.
6. Park Land. Does the design and arrangement of buildings and open space areas
contribute to the overall aesthetic quality of the site configuration, and has the area
of park land or open space been provided for each proposed dwelling as required by
Section 18.50.020, BMC?
The open space requirement for this development was met with the original PUD. This
application does not trigger any requirement for additional park land or open space.
7. Performance. All PUDs shall earn at least twenty performance points. Nonresidential
developments within the North 19th Avenue/Oak Street corridor shall earn thirty
points. Points may be earned in any combination of the following. The applicant
shall select the combination of methods but the City may require documentation of
performance, modifications to the configuration of open space, or other assurances
that the options selected shall perform adequately.
(a) Provision of affordable housing: Two points for each percent of constructed
dwellings in the residential development; OR - One point for each constructed
dwelling or lot donated to the City;
(b) Additional open space: One point for each percent of the project area that is
provided as non-public open space; or one and one quarter points for each
percent of the project area that is provided as publicly accessible open space.
No change from the original PUD.
8. Is the development being properly integrated into development and circulation
patterns of adjacent and nearby neighborhoods so that this development will not
become an isolated"pad" to adjoining development?
No change from the original PUD.
b. Residential. Planned unit developments in residential areas (R-S, R-1, R-2, R-3, R-4,
RMH and R-O zoning districts) may include a variety of housing types designed to
enhance the natural environmental, conserve energy, recognize, and to the maximum
extent possible, preserve and promote the unique character of neighborhoods, with
provisions for a mix of limited commercial development.
1. On a net acreage basis, is the average residential density in the project(calculated for
residential portion of the site only) consistent with the development densities set
forth in the land use guidelines of the Bozeman growth policy?
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 8
•
No change from the original PUD.
2. Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light, sun, ventilation, privacy and convenient
access to the household or commercial units they are intended to serve?
The overall PUD is unaffected by this application. Lot 90 will have a smaller rear yard. As
the lot is adjacent to a large open space area there will still be adequate light,sun,etc.
3. Does the project provide for outdoor areas for use by persons living and working in
the development for active or passive recreational activities?
No change from the original PUD.
4. If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address community wide
issues of affordability and diversity of housing stock?
No change from the original PUD.
5. Is the overall project designed to enhance the natural environment, conserve energy
and to provide efficient public services and facilities?
No change from the original PUD.
6. Residential Density Bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district within which
the project is located and which is set forth in Chapter 18.16, BMC, does the
proposed project exceed the established regulatory design standards (such as for
setbacks, off-street parking, open space, etc.) and ensure compatibility with adjacent
neighborhood development?
Not applicable. No change from the original PUD.
7. Limited Commercial. If limited commercial development, as defined above, is
proposed within the project, is less than 20 percent of the gross area of the PUD
designated to be used for offices or neighborhood service activities not ordinarily
allowed in the particular residential zoning district?
No change from the original PUD
8. Does the overall PUD recognize and, to the maximum extent possible, preserve and
promote the unique character of neighborhoods in the surrounding area?
No change from the original PUD.
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 9
0 0
RECOMMENDED CONDITIONS OF APPROVAL
Based on the following analysis, the Planning Staff, find that the application, with conditions, is in general
compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance.
The following conditions of approval are recommended:
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90. The changes in
wording shall only apply to Lot 90.
CONCLUSION/RE COMMENDATION
The DRC and DRB have reviewed the Planned Unit Development application to amend the Sundance
Springs PUD to allow a 14.35 foot rear yard setback on Lot 90, Sundance Springs subdivision, and as a
result recommend to the City Commission conditional approval of said application with the conditions and
code provisions outlined above. The applicant must comply with all provisions of the Bozeman Unified
Development Ordinance, which are applicable to this project prior to receiving Final Site Plan approval.
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.
Attachments: Applicant's Submittal Materials
DRB Staff Memo and Minutes
Report Sent To: C&H Engineering, 205 Edelweiss Dr,Bozeman,MT 59718
Steve Parks,4010 Graf Street,Bozeman,MT 59715
#Z-04148 Parks Modifications to the Sundance Springs CUP/PUD Staff Report 10
`s`r.,, �%� ice• �; s.
June 1, 2004 I
Steve Parks
America West Real Estate&Development
233 Edelweiss Drive, Suite 9
Bozeman, MT 59718
Re: Lot 90, 40.10 Graf Street
Dear Mr. Parks:
The Board has reviewed the letter sent by you dated May 25th, and the attached letter
from C &H Engineering dated May 24th. While we realize the encroachment into the
required setback by your house mentioned above was unintentional, it represents the most
serious non-compliance with building requirements as outlined in the Sundance Springs
Homeowners Association Covenants to date.
Since the house cannot be moved to be within the required setback, you may wish to
consider how the home can be remodeled so that the porch area does not intrude into the
setback. If that is not practical, as the Board previously indicated, we believe a sum of
$5,000 for each adjacent homeowner is equitable to provide landscaping in order to
mitigate the infringement into their view shed and concern of loss of property value.
Due to the magnitude of the non-compliance we believe the variance, once'granted by the
homeowners Board of Directors, should be in a legal agreement that is signed and
recorded with the County Clerk. This will help protect all parties from possible
challenges by subsequent property owners. We would request that you ask your attorney
to provide a draft of such agreement for review by our counsel. Once this agreement is
signed and recorded, we will convey to the City our approval of the variance promptly.
We do not intend to unreasonably withhold your request for a building variance, but we.
wish to provide standards to help Sundance Springs homeowners maintain the value in
their property.
Sincerely,
Board of Directors
Post Office Box 1795•Bozeman,Montana 59771•406.994.9238•sundancespringshoa@hotmail.com
B. Parks Mods o PUD#Z-04148 (Saunders)
4010 Graf Street t. .
* A request to modify the approved Sundance Springs Planned Unit
Development to allow a covered porch to encroach 5.65 feet into the rear
yard setback.
Steve Parks joined the DRB. Planner Saunders presented the Staff Memo noting there was one
relaxation being requested by the applicant. He stated the original project was a PUD. He stated
the engineering company had made an error when staking the property which had caused the
encroachment of a porch into the rear yard setback. He stated the adjoining neighbors and
Homeowners Association had already been contacted regarding the application and they had
resolved their concerns. He stated the request had very little impact on the fundamentals of the
PUD, and if the applicant did any plantings in the PUD open space area it should remain in
keeping with the approved PUD landscaping plan. He added there should be an amendment to
the covenants regarding that lot.
Planner Skelton asked if the Sundance Spring Homeowners Association had discussed the
variance. Mr. Parks responded he and the homeowners (with their attorney) were writing up an
agreement, but he had not received it yet.
Chairperson Smith asked why they were doing a PUD instead of a variance. Planner Saunders
responded the modifications to the PUD took three commissioners for approval instead of four.
He added the PUD method had a less stringent standard for approval and fewer legal issues that
would need to be addressed.
Chairperson Smith asked who discovered the encroachment. Mr. Parks responded that one of the
neighbors had let him know about the problem. Chairperson Smith stated she did not think
Montana had strict enough surveying statutes. Chairperson Smith stated she had no problem
with the proposal, as it was accidental.
Planner Skelton suggested applicant plant deciduous trees to buffer the adjacent properties.
Chairperson Smith suggested not adding any landscaping as the adjacent owners might take
issue. She asked if there should be any conditions for additional modifications to the porch.
Planner Kozub stated a condition like that would be difficult to enforce, and Planner Saunders
suggested it should be left up to the Sundance Springs Homeowners Association to determine the
landscaping and the porch issues.
MOTION: Planner Skelton moved, Planner Kozub seconded, to forward a recommendation of
approval to the City Commission for Parks Mods to PUD#Z-04148 with Staff conditions and,
under the criteria for consideration of a PUD under Item L, the relaxation was not found to be a
harmful encroachment. The motion carried 4-0 with ADR Staff providing three votes.
C. Design Objectives Plan Draft 1 Review (Saunders)
Review and discuss draft document.
Planner Saunders addressed the DRB. Chairperson Smith stated she liked the layout, and the
table of contents was very helpful. She stated there were inconsistencies in the wording. She
stated the use of some of the words was not strong enough for referencing guidelines. She stated
City of Bozeman Design Review Board Minutes—July 13,2004 3
IM UiA
the area north of West Maiotreet was going to have the largest P
o a
she an
felt the area had not been addressed thoroughly enough with regard to the pedestrian traffic
flow. Planner Saunders responded the focus was on making incremental improvements to the
street corridor. Chairperson Smith asked what the "furthest reaches of ...." meant. Planner
Saunders responded that as the city limits grew, so did the jurisdiction of the entryway corridor.
Chairperson Smith stated she thought the photos were good, but there was excessive use of the
photograph of the building on Oak Street and she thought there shouldn't be any favoritism
alluded to. She asked who had determined whether or not a sign was historic. Planner Saunders
responded there were criteria in the ordinance that determined the historical significance of a
sign that were difficult to meet (i.e. same location of business for a large number of years and
City Commission action). Chairperson Smith asked if curb cuts would be eliminated. Planner
Saunders responded there were discussions regarding aggregation of accesses with re-
development. He noted the old Holiday Gas Station on North 7th Avenue that removed two of
three North 7th Avenue accesses.
ITEM 4. PUBLIC COMMENT—(15 —20 minutes)
{Limited to any public matter, within the jurisdiction of the Design Review
Board, not on this agenda. Three-minute time limit per speaker.}
There was no public available for comment.
ITEM 5. ADJOURNMENT
There being no further business to come before the DRB, the meeting was adjourned at 4:52 p.m.
Dawn Smith, Chairperson
City of Bozeman Design Review Board
City of Bozeman Design Review Board Minutes—July 13,2004 4
CITOF BOZEMAN •
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozemon.net
MEMORANDUM
TO: DESIGN REVIEW BOARD
FROM: CHRIS SAUNDERS, ASSOCIATE PLANNER
RE: Z-04148, PARKS AMENDMENT TO SUNDANCE SPRINGS PUD
DATE: JULY 8, 2004
The proposed amendment to the Sundance Springs PUD appears to have little impact on the overall
PUD as originally approved. The number of dwelling units, amount of open area, etc are unaffected by
this change. The fundamental character of the overall PUD is also unaffected. The proposed change
impacts a single lot.
After examining the PUD review criteria contained in Section 18.36.090.E the proposal appears to not
conflict with any of the required standards. After visiting the site and carefully examining the site
conditions, staff has only two conditions to recommend which are as follows.
1. Any additional landscaping within the common open areas of the PUD shall conform with the
originally*approved landscaping plan for the Sundance Springs PUD.
2. The covenants shall be modified to reflect the reduced setback allowed for Lot 90. The changes
in wording shall only apply to Lot 90.
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood coordination
so CITY (WOZEMAN
DEPAR' ENT OF PLANNING AND COO UNITY DEVELOPMENT.
V 9x
Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2260
s '== -- �� 20 East Olive Street Fax: (406) 582-2263
co.�o��r Mailing address: P.O. Box 1230 E-mail: planning@bozeman.net
Bozeman,Montana 59771-1230 Worldwide web: www.bozeman.net
June 24, 2004
Steve Parks
4010 Graf Street
Bozeman, MT 59715
Re: Parks/Sundance Springs Mods to PUD (#Z-04148)
Dear Mr. Parks:
The application referenced above has been received and re-assigned to Associate Planner
Chris Saunders. The applications have been reviewed in accordance with the submittal checklist
and appear to meet the submittal requirements. If'it is determined there is further information
required, Planner Saunders will contact you. This letter is meant to inform you of changes in the
review process. Please take special note of these recent changes and plan accordingly.
The Development Review Committee (DRC) and the Design Review Board (DRB) will
be reviewing your application. The DRC meeting concerning your project will be held on
Tuesday, July 6, 2004, at 10:00 a.m. The DRB meeting concerning your project will be held on
Tuesday, July 13, 2004, at 3:30 p.m.. Staff recommends that you attend the DRC and DRB
meetings to answer any questions that may arise. All DRC and DRB meetings will be held in the
Conference Room at the Alfred M. Stiff Professional Building, 20 East Olive Street. An agenda
will be sent to you to remind you of the dates and times of the meetings.
The City Commission will make the final decision on the project on Monday,July. 19,
2004, at 7:00 p.m. This meeting is held in the Commission Room, City Hall, 411 East Main
Street. Information will be sent to you and your representative(s) prior to that meeting.
Planner Saunders will contact you if other changes arise. If you have any further
questions concerning the review process, or your project in general, please contact this office.
SinTely,
Q
Tara �Hastie
Planning Secretary
TH/th
cc: C&H Engineering, ATTN: Mark Chandler, 205 Edelweiss Dr., Bozeman, MT 59718
planning• zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
K �Pc> Gam' ,c�1
ic
Engineering and Surveying, Inc.
205 Edelweiss Drive • Bozeman, Montana 59718 • Phone(406) 587-1115 Fax(406) 587-9768
www.chengineers.com • E-Mail: info@chengineers.com
June 21, 2004
City of Bozeman Planning Office i
Attn: Chris Saunders J U N 2 2 2004
P.O. Box 1230 } `
Bozeman, MT 59772 -- - G
RE: Revision of Steve Parks Application to a PUD Amendment, Lot 90, Sundance Springs
Subdivision, 4010 Graf Street, Bozeman,MT(03402)
Dear Chris,
This letter is to provide your office and the City Commission with how the proposed amendment of
the PUD for Lot 90 will benefit the overall PUD for Sundance Springs Subdivision. This request
is in accordance with Section 18.36 of the UDO.
The amendment being requested is for a 5.65 foot encroachment into the 20 foot rear yard setback
of Lot 90 by the three season porch of the existing house that was built on the site. This occurred
due to a drafting error prior to the staking of the foundation of the house. This was totally accidental,
and contrary to what the approved site plan for the house showed. Fortunately, there are no other
lots to the rear of this lot, with the rear of Lot 90 adjacent to a 15.53 acre Open Space Tract.
Since there are no other lots to the rear of this lot,and this error was accidental,with no intent by the
owner or us to encroach into the setback,the main objective of this request is to make the situation
better for all involved. We have negotiated a settlement with the Sundance Springs Owners
Association for any adverse affects this encroachment has on the two owners immediately adjacent
to this lot, and the subdivision in general. It was their position that just the 2 adjacent lot owners
were truly affected by this encroachment, and they are to receive the settlement monies to fund
additional landscaping for screening.
To help further explain the situation, this request is being made after the discovery of the house
encroaching into the rear setback with the house now nearly finished. It is obvious the house can
not be moved where it was supposed to be. The covered porch has a trussed roof over it that is a part
of the main framework of the home. Section 18.36.060 of the UDO allows covered porches to
encroach 5 feet into the rear setback,as long as it is only one-third of the length of the building wall.
In this case, the porch is 77 %of the length of the building wall. Trying to remove a portion of the
porch so that it was only one-third of the length of the building wall would be cost prohibitive at this
point.
Civil/Structural Engineering and Surveying
To summarize, the Sundance Springs Owners Association is being compensated to. mitigate the _
affects of the 5.65 foot encroachment into the'rear'yard setback of Lot 90.- This compensation will
be used for landscaping on Lots 89 and 91, 'and the open space to"the rear of Lot 90, at..their
discretion. The improvements realized by this additional landscaping should far outweigh the affects
of the 5.65 foot rear yard setback encroachment.
If any additional information is required,please contact our office.
Sincerely, .
Mark A. Chandler, P.E.,P.L.S.
Enc.
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DEPAR-''ANT D=P(A'i-NIiNG
CITY OF BOZEMAN- DEPARTMENT OF PLANNING AND-COMMUNITY"DEVELOPMENT
Alfred M.Stiff Professional Office Building—20 East Olive Street
P.O.Box 1230,Bozeman,MT 59771-1230
Phone: (406) 582-2260 FAX: (406) 582-2263
E-mail: planning@bozeman.net Web: www.bozeman.net
PROJECT/DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: Steve Parks - Sundance Springs
2. Property Owner Information
Name: Steve Parks E-mail Address: parks@americawestre.com
Mailing Address: 4010 Graf Street,Bozeman, MT 59715
Phone: 585-8877 FAX:
3. Applicant Information
Name: Sundance Springs Homeowners Association E-mail Address:
Mailing Address: Association President:
Phone: FAX:
4. Representative Information
Name: Mark Chandler, C&H Engineering&Surveying E-mail Address: mchan dler@chengineers.com
Mailing Address: 205 Edeweiss Drive, Bozeman,MT 59718
Phone: 587-1115 FAX: 587-9768
� alg Description: Lot 90, Sundance Springs Subdivision
6. Common Address: 4010 Graf Street
7. Project Description: Amend PUD for Sundance Springs Subd. to allow for a 14.35' rear setback on Lot 90.
Page 1
8. Zoning Designation: RS 9. Land Area: Acres: 0.30 Square Feet: 13,068
10. Growth Policy Designation:
11. Current Land Use: residential
12. Application Type (please check all that apply)
❑ Sketch Plan/COA ❑ Conditional Use Permit
❑ Sketch Plan/COA-Reuse,Redevelopment or Change in Use ®Planned Unit Development—Concept Plan
❑ Redevelopment,Reuse or Change in Use—Site Before 2/12/90 ❑Planned Unit Development—Preliminary Plan
❑ Redevelopment,Reuse or Change in Use—Site After 2/12/90 ❑Planned Unit Development—Final Plan
❑Site Plan ❑Planned Unit Development—Master Plan
❑ Site Plan/COA—Entryway Corridor Overlay District ❑Annexation
❑ Site Plan/COA—Neighborhood Conservation District ❑ Zoning Map Amendment
❑ Subdivision Pre-application ❑ Zoning Code Amendment
❑ Subdivision Preliminary Plat ❑ Growth Policy Amendment
❑ Subdivision Final Plat ❑Variance or Administrative Interpretation Appeal
❑ Subdivision Exemption ❑ Special Temporary Use Permit
13. Will this application require a deviation(s)? ❑ Yes ® No
This application must be accompanied by the appropriate fee and the appropriate number of plans or plats (see
submittal requirements) drawn to scale on paper not smaller than 8 ii- by 11-inches nor larger than 24- by 36-inches
folded into individual sets no larger than 81/2- by 14-inches. Application deadlines are 5:00 pm every Tuesday.
This application must be signed by both the applicants) and the property owner(s) (if different) before the
submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and/or property owner(s) submit this application for review
under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken
to complete a development, approved by the City of Bozeman shall be in conformance with the requirements of the
Bozeman Municipal Code and any special conditions established by the approval authority.
I (We) hereby certify that the above information e and correct to the best of my ('our) knowledge.
Applicant's Signature: Date: 2 _0
Applicant's Signature: Date:
Property Owner's Signature: Date:
Property Owner's Signature: Date:
Page 2
(Project/Development Review Application—Prepared 11/15/02)
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked"No" or"N/A" (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Does the proposal one or more of the following:
Yes No
20 or more dwelling units in a multiple household structure or structures ❑
30,000 or more square feet of office space, retail commercial space,service commercial space or industrial ❑ 9
space
More than two buildings on one site for permitted office uses,permitted retail commercial uses,permitted ❑ E
service commercial uses,permitted industrial uses or permitted combinations of uses
20,000 or more square feet of exterior storage of materials or goods ❑ [�
Parking for more than 60 vehicles ❑ 9
B. General Information.
General Information Yes No N/A
Location map,including area within one-half mile of the site 0 ❑ ❑
List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) ❑ ❑
A construction route map shall be provided showing how materials and heavy equipment will travel ❑ ❑ ["
to and from the site. The route shall avoid,where possible,local or minor collector streets or streets
where construction traffic would disrupt neighborhood residential character or pose a threat to
public health and safety
Boundary line of property with dimensions [✓7 ❑ ❑
Date of plan preparation and changes 2 ❑ ❑
North point indicator [g ❑ ❑
Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet U ❑ ❑
Parcel size(s) in gross acres and square feet. ❑' ❑ ❑
Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio,FAR),with a ❑ ❑ E�
breakdown by land use
Location,percentage of parcel(s) and total site,and square footage for the following:
Existing and proposed buildings and structures ❑ ❑ 12'
Driveway and parking ❑ ❑ 9
Open space and/or landscaped area,recreational use areas,public and semipublic land, ❑ ❑ Q
parks,school sites,etc.
Public street right-of-way ❑ ❑ ❑✓'
Total number,type and density per We.of dwelling units,and total net and gross residential density ❑ ❑ D/
and density per residential parcel
Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, ❑ ❑ a
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces,existing and proposed,and total square footage of each
The information required by 118.78.0601, BMC (Streets, Roads and Alleys), unless such ❑ ❑
information was previously provided through a subdivision review process,or the provision of such
information was waived in writing by the City during subdivision review of the land to be
developed, or the provision of such information is waived in writing by the Ciry prior to submittal
of a preliminary site plan application
Description and mapping of soils existing on the site,accompanied by analysis as to the suitability of ❑ M
such soils for the intended construction and proposed landscaping
Page 3
(Site Plan Checklist—Prepared 12/05/03)
Building design information(on-site):
Building heights and elevations of all exterior walls of the building(s) or structure(s) [, ❑ ❑
Height above mean sea level of the elevation of the lowest floor and location of lot outfall ❑ ❑
when the structure is proposed to be located in a floodway or floodplain area
Floor plans depicting location and dimensions of all proposed uses and activities Foe, Oil El El
Temporary facilities plan showing the location of all temporary model homes, sales offices and/or ❑ ❑ a
construction facilities,including temporary signs and parking facilities
Unless already provided through a previous subdivision review, a noxious weed control plan ❑ ❑ EV
complying with ' 18.78.050.H,BMC(Noxious Weed Management and Revegetation Plan)
Drafts of applicable supplementary documents as set forth in Chapter 18.72,BMC(Supplementary ❑ ❑ EY
Documents)
G Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
Topographic contours at a minimum interval of 2 feet,or as determined by the Planning Director ❑ ❑ E2'
Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to major [Z ❑ ❑
arterial streets where the distances shall be 200 feet
On-site streets and rights-of-way ❑ ❑ Z
Ingress and egress points ❑ ❑ EZ
Traffic flow on-site ❑ ❑ a
Traffic flow off-site ❑ ❑ [a'
Utilities and utility rights-of-way or easements:
Electric 19 ❑ ❑
Natural gas E' ❑ ❑
Telephone,cable television and similar utilities a ❑ ❑
Water R ❑ ❑
Sewer(sanitary,treated effluent and stoma) [a' ❑ ❑
Surface water,including:
Holding ponds,streams and irrigation ditches 14— ❑ ❑
Watercourses,water bodies and wetlands a ❑ ❑
Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ❑v, ❑ ❑
identified as lying within a 100-year floodplain through additional floodplain delineation,
engineering analysis,topographic survey or other objective and factual basis
A floodplain analysis report in compliance with Chapter 18.58,BMC(Bozeman Floodplain ❑ ❑ Q'
Regulations) if not previously provided with subdivision review
Grading and drainage plan, including provisions for on-site retention/detention and water quality ❑ ❑ [�
improvement facilities as required by the Engineering Department, or in compliance with any
adopted storm drainage ordinance or best management practices manual adopted by the City
All drainageways, streets, arroyos,dry gullies,diversion ditches,spillways, reservoirs, etc. which may be incorporated into the
storm drainage system for the property shall be designated:
The name of the drainageway(where appropriate) ❑ ❑ Q-
The downstream conditions (developed,available drainageways,etc.) ❑ ❑ [a
Any downstream restrictions ❑ ❑
Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic ❑ ❑ [�]'
features
Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and ❑ ❑ Eli'
interrelationships with vehicular circulation system, indicating proposed treatment of points of
conflict
Page 4
Provision for handicapped accessibility, including but not limited to, wheelchair- ramps, parking ❑ ❑ 19"
spaces, handrails and curb cuts, including construction details and the applicant's certification of
ADA compliance
Fences and walls,including typical details ✓Q ❑ ❑
Exterior signs. Note - The review of signs in conjunction with this application is only review for ❑ ❑ [►]�
compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
Exterior refuse collection areas,including typical details ❑ ❑ [X
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both ❑ ❑ [x
vehicular and pedestrian),vegetation that might interfere with lighting,and adjacent uses,containing
a layout of all proposed fixtures by location and type. The materials required in ' 18.78.060.R,BMC
(Lighting Plan),if not previously provided
Curb,asphalt section and drive approach construction details ❑ ❑ 9
Landscaping - detailed plan showing plantings, equipment, and other appropriate information as 2' ❑ ❑
required in 118.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,
complete section C below.
Unique natural features, significant wildlife areas and vegetative cover, including existing trees and Ea ❑ ' ❑
shrubs having a diameter greater than 2.5 inches,by species
Snow storage areas ❑ ❑ a
Location of City limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning ❑ ❑ []'
jurisdiction,within or near the development
Existing zoning within 200 feet of the site +[ - ❑ ❑
Historic,cultural and archeological resources;describe and map any designated historic structures or ❑ ❑ [a'
districts,and archeological or cultural sites
Major public facilities,including schools,parks,trails,etc. []' ❑ ❑
D. Landscape Plans. If a landscape plan is required,the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
Date, scale, north arrow, and the names, addresses,and telephone numbers of both the property [2]- ❑ ❑
owner and the person preparing the plan
Location of existing boundary lines and dimensions of the lot � ad�ac ent Pa.rY_ +en spat,- (g ❑ ❑
Approximate centerlines of existing watercourses,required watercourse setbacks,and the location of ❑' ❑ ❑
any 100-year floodplain; the approximate location of significant drainage features; and the location
and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and
sidewalks on the lot and/or adjacent to the lot
Project name,street address,and lot and block description ❑ ❑ ❑
Location, height and material of proposed screening and fencing (with berms to be delineated by D ❑ ❑
one foot contours)
Locations and dimensions of proposed landscape buffer strips,including watercourse buffer strips Er ❑ ❑
Complete landscape legend providing a description of plant materials shown on the plan, including Q' ❑ ❑
typical symbols, names (common and botanical name), locations, quantities, container or caliper
sizes at installation,heights,spread and spacing.The location and We of all existing trees on the lot
over 6 inches in caliper must be specifically indicated
Complete illustration of landscaping and screening to be provided in or near off-street parking and ❑ ❑ [2
loading areas, including information as to the amount (in square feet) of landscape area to be
provided internal to parking areas and the number and location of required off-street parking and
loading spaces
An indication of how existing healthy trees (if an} are to be retained .and protected from damage [a' ❑ ❑
during construction
Size, height, location and material of proposed seating, lighting, planters, sculptures, and water ET ❑ ❑
features
A description of proposed watering methods - ❑ ❑ Q
Page 5
Amok
Location of street vision triangles on the lot(if applicable) ❑ ❑ a
Tabulation of points earned by the plan-see ' 18.48.060,BMC(Landscape Performance Standards) ❑ ❑ [�
Designated snow removal storage areas ❑ ❑ Y
Location of pavement,curbs,sidewalks and gutters ❑ ❑ R'
Show location of existing and/or proposed drainage facilities which are to be used for drainage ❑ ❑
control
Existing and proposed grade 12, ❑ ❑
Size of plantings at the time of installation and at maturity ❑ ❑
Areas to be irrigated ❑ ❑ [1
Planting plan for watercourse buffers, per 1 18.42.100, BMC (Watercourse Setbacks), if not D/ ❑ ❑
previously provided through subdivision review
Front and side elevations of buildings, fences and walls with height dimensions if not otherwise Er ❑ ❑
provided by the application.Show open stairways and other projections from exterior building walls
Page 6
P NNED UNIT DEVELOPMENT CHECOST
The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or"ITT/A" (not
applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. ❑ Planned Unit Development- Concept Plan. The following information and data shall be submitted:
PUD Concept Plan Information .'es TNo I N/A '
Data regarding site conditions, land characteristics, available community facilities and ❑ ❑ ❑
utilities and other related general information about adjacent land uses and the uses of land
within one-half mile of the subject parcel of land
Conceptual (sketch) drawing showing the proposed location of the uses .of land, major ❑ ❑ ❑
streets and other significant features on the site and within one-half mile of the site
A computation table showing the site's proposed land use allocations by location and as a ❑ ❑ Elpercent of total site area
B. Planned Unit Development— Preliminary Plan. The following information and data shall be submitted:
PUD Preliminary Plan Information I Yes No N/A
The following information shall be presented in an 8'h- by 11-inch verticallybound document.The document shall
be bound so that it will open and he flat for reviewing and organized in the following order.
Application forms ❑ ❑
A list of names of all general and limited partners and/or officers and directors of [9 ❑ ❑
the corporation involved as either applicants or owners of the planned unit
development
Statement of applicable City land use policies and objectives achieved by the (9 ❑ ❑
proposed plan and how it furthers.the implementation of the Bozeman growth
policy
Statement of the proposed ownership of open space areas ❑ ❑ R
Statement of the applicant's intentions with regard to future ownership of all or ❑ ❑ 19
portions of the planned unit development
Estimate of number of employees for business,commercial and industrial uses ❑ ❑ 9
Description of rationale behind the assumptions and choices made by the ❑ ❑ [�
applicant
Where deviations from the requirements of this title are proposed, the applicant El ❑
shall submit evidence of successful completion of the applicable community
design objectives and criteria of ' 18.36.090 (PUD Design Objectives and
Criteria), BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the applicant may
choose to submit, evidence that is beyond what is required in that section. Any
element of the proposal that varies from the criterion shall be described
Detailed description of how conflicts between land uses of different character are ❑ ❑
being avoided or mitigated
Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ 1
home/business utilities,transportation fuel,waste recycling)
A development schedule indicating the approximate date when construction of ❑ ❑
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas-
One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑
graphic illustrations at 8'h- by 11-inches or 11- by 17-inches size
Page 3
(PUD Checklist—Prepared 12/2!03)
06/03/2004 11:54 40E5822263 CITY OF BOZEM41 PAGE 07/08
In additi'm to.il] of the information listed on the Site Plan Checklist,the following information sball be included on �
the site Plan:
Notations of proposed ownership, public or private, should be included .vh.crc [� j ❑ ]
appropri-ate i
The proposed trcatrnc.nt of the perimeter of the planned u.rti,t daveloprrent, ❑ ❑ i — —�
including materials and tcchnioues used, such as screening, fences, u-alk and i I
other lat-..dgeaping
A.ttorriey's or owner's certification of ownership � ❑�❑�
Viewsheds:
Looking onto and ,.noes the site from areas around the site, dcscribc and snap �j ❑
I the views and vistas erom :.diacent properties that :nay be blocked nr impaired by
development of the site
Ucscribc and map areas of high visibility on the site as seen from adjacent ot` si.tc ❑ ❑
i
locations
Strcer c.rpFs-section schematics shall be submitted fur each general category of suxct,incl.uditig;
The proposed widdi, ❑El
Treatment of clubs and gutters,or other storm water control,Ytem if other than
curb and butter is proposed
Sidewalk Systems ❑ ❑
Bikeway systems, where altcrnativice to the design criteria and standards of. the ❑
City arc proposed
Pihysingra.phic data,including the following:
A description of the hydrologic conditions of the site with analysis of water table ❑ ❑
fluctuation and a statement of site sui.tabilih, for intended construction a.nd
proposed landscaping,in compliance with '1.8.78•:l2D.Ii.3.e.]iiV[C
Loeatc and idenl:iFy the ownership of existing wcOs or well sites within 400 feet of ❑ ❑
tilt site
If the project involves or requires platting, a preliminarJ subdivision plat, subicct to the [] ❑ [ j
requirements of this tide relative to subdivisions,shrill be submitted
Not withstanding till waiver, provi_lnm of '18.78.08D.B.9, BMC,at tizc di;crcriur, of the ❑ ❑
City Engineer, a traff.+.c irnpacr analysis shall be prepared bzsed '.spon the pronoacd i
development. The analysis shall include provisions of the approved development I{
guidelines, and shall address impacts upon surrounding land uses. The ]director.of. Public
Service may require the traffic impact analysis to include the information in '1.8.78.050 L,
B'MC. If a traffic impact analysis has been submitted as part;of, a concurrent subdivision
review, that analysis shall meet dus rcquitement
If the development's compliance will the community design objectivc, -and criteria is ❑ j
under question, the City Commission may require additional impact studies or other plans
as dccmcd necc;. uj- for providing thorough comidera ion of the proposed planned unit
development j
A proposed draft of a legal instrument containing the crcaticn of a property owners � ❑ (�
association sufficient to meet the requirements of '18.72.02D (Properny Owners
Association),BA•IC shall be submittccl with the prebminary plan application �+ r
e4
C. Planned Unit D ,clopmont—Final Plan. The following information and data shall be submitted: v
PUD Final Plan Information Yeti Nth Tt/A I
A list of names of :U general. and iunited partncrs and/or oFfieers and directors of the ❑ ❑ ❑
corporradon involved ns eith.cr applicants or owners of the planned unit development
A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved prc.Iirnitiary
plan.If a different scale is requested or required,a copy o:the approved preliminary plan shall be sub.nlittcd that has
been enlarged or reduced to equal the scale of the .final plan. ]-however, only the scales permitted for the preliminary
j plans ,hall be permitted for final plans. The final plan site plan shall show the following i.ofotmadon:
P2Lgc 4
Ah
Land use , (same infonnation as required on the predmuia e plan) ❑ o El
' Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑ ❑
Attorneys or owner's certification of ownership ❑ ❑ ❑
Planning Director certification of approval of the site plan and its conformance ❑ ❑ ❑
with the predminaryplan
Owner's certification of acceptance of conditions and restrictions as set forth on ❑ ❑ ❑
the site plan
A final landscape plan consistent with the conditions and restrictions of the approved ❑ ❑ ❑
preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48
(Landscaping), BMC, except that any stated conditions and restrictions of the preliminary
plan approval shall supersede the provisions of Chapter 18.48 (Landscaping),BMC
An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ ❑
development plan when applicable. City approval of the final subdivision plat shall be
required before issuance of.building permits
Prior to submission of the final plan to the DRC and ADR staff, engineering plans and ❑ ❑ ❑
specifications for sewer, water, street improvements and other public improvements, and
an executed improvements agreement in proper form providing for the installation of such
improvements,must be submitted to and approved by the City
A plan for the maintenance of open space, meeting the requirement .of ' 18.72.040 ❑ ❑ ❑
(Common Area and Facility Maintenance Plan and Guarantee), BMC, shall be submitted
with an application for final plan approval. Open space shown on the approved final plan
shall not be used for the construction of any structures not shown on the final plan
Page 5
SITE PLAN \
SHOWING EXISTING CONDITIONS \NHS
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9 A Y 9 SUBDIVISION, PHASE 2B w
205 Edelweiss 0 ' •Bozemi3n,Montana 5971
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June 1, 2004
DEP""'. r OF PLV;N;NG
Steve Parks n ^ TNT
America West Real Estate&Development
233 Edelweiss Drive, Suite 9
Bozeman, MT 59718
Re: Lot 90, 4010 Graf Street
Dear Mr. Parks:
The Board has reviewed the letter sent by you dated May 25Ih and the attached letter
from C &H Engineering dated May 24th. While we realize the encroachment into the
required setback by your house mentioned above was unintentional, it represents the most
serious non-compliance with building requirements as outlined in the Sundance Springs
Homeowners Association Covenants to date.
Since the house cannot be moved to be within the required setback, you may wish to
consider how the home can be remodeled so that the porch area does not intrude into the
setback. If that is not practical, as the Board previously indicated, we believe a sum of
$5,000 for each adjacent homeowner is equitable to provide landscaping in order to
mitigate the infringement into their view shed and concern of loss of property value.
Due to the magnitude of the non-compliance we believe the variance, once granted by the
homeowners Board of Directors, should be in a legal agreement that is signed and
recorded with the County Clerk. This will help protect all parties from possible
challenges by subsequent property owners. We would request that you ask your attorney
to provide a draft of such agreement for review by our counsel! Once this agreement is
signed and recorded, we will convey to the City our approval of the variance promptly.
We do not intend to unreasonably withhold your request for a building variance, but we
wish to provide standards to help Sundance Springs homeowners maintain the value in
their property.
Sincerely,
Board of Directors
5
^ f
Post Office Box 1795•Bozeman,Montana 59771•406.994.9238•sundancespringshoa@hotmail.com
C10, 01' BOZEMAN •
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building phone 406-582-2260
�! 20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
NOTICE OF A PUBLIC HEARING FOR AMENDMENT TO A
PLANNED UNIT DEVELOPMENT
NOTICE IS HEREBY GIVEN of public meetings to be held before the City Of Bozeman
Development Review Committee at 10:00 am on Tuesday, July 6, 2004, and before the City of
Bozeman Design Review Board at 3:30 pm on Tuesday July 13, 2004 in the conference room, Alfred
Stiff Professional Building,20 E Olive Street,Bozeman,Montana.
NOTICE IS FURTHER GIVEN of a public hearing to be held before the BOZEMAN CITY
COMMISSION on Monday, July 19, 2004 at 7:00 pm in the Commission Room, 411 E Main Street,
Bozeman,MT.
The purpose of the public hearing is to consider an amendment to the approved final Planned Unit
Development for Sundance Springs, requested by Steve Parks, 4010 Graf St, Bozeman, MT 59715, and
represented byC&H Engineering and Surveying, 205 Edelweiss Drive, Bozeman,MT 59718 pursuant
to Chapter 18.36 of the Bozeman Unified Development Ordinance. Said application would allow a
relaxation of approximately 5.5 feet from the rear yard setback required by Section 18.16.050.B and
as originally established with the Sundance Springs PUD, on property located at 4010 Graf Street. The
property is legally described as Lot 90, Sundance Springs Subdivision, City of Bozeman, Gallatin County,
Montana. The zoning designation for said property is R-S (Residential Suburban District). The property
is owned by Steve Parks, 4010 Graf Street, Bozeman,MT 59715.
Public comment regarding this application may be sent to the City of Bozeman Department of
Planning and Community Development, 20 East Olive Street, Bozeman, MT 59771. Maps and related data
regarding this application may be reviewed in the City of Bozeman Department of Planning and
Community Development, 20 East Olive Street, 582-2260. For those who require accommodations for
disabilities, please contact Ron Brey, City of Bozeman ADA Coordinator, 582-2306 (voice), 582-2301
(TDD). #Z-04128 Parks PUD Amendment
svaed
r ft-p-rlr
R-1
ffACE PIPE
planning zoning subdivision review annexation • historic preservation housing . grant administration neighborhood coordination
CI00F BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
' u:D
Alfred M. Stiff Professional Building phone 406-582-2260
20 East Olive Street fax 406-582-2263
P.O. Box 1230 planning@bozemon.net
Bozeman, Montana 59771-1230 www.bozeman.net
June 8, 2004
Mark Chandler
C&H Engineering
205 Edelweiss Drive
Bozeman, MT 59718
Dear Mark,
The Planning staff has discussed the Parks Variance in Sundance Springs. We believe the best way to
proceed with this application is to process it as an amendment to the PUD rather than a zoning variance.
The PUD allows a better match for exchanging a relaxation in a setback for better alternative design. A
PUD amendment is also subject to a simple majority approval instead of a super-majority like a variance.
I am sending you the PUD submittal checklists marked for those items I believe that need to be submitted
with the application form. If you have a question on any of the items please let me know. One important
piece for the submittal will be the proposal of how the encroachment will provide a superior end result. I
would expect that this would be provided through plantings or other improvements in the adjacent open
space. In your letter you referred to discussions you had begun with the home owners association that may
be covering that topic.
The application form will need signatures from both the lot owner Mr. Parks and the president of the
homeowners association. The president on the homeowners association needs to be signatory since the
covenants will also need to be changed to reflect the City's action if the relaxation is approved and the
covenants were relied upon by the other owners in making their decisions to purchase.
The original variance request was scheduled for hearing by the City Commission on July 19`h. If the PUD
amendment application is received by our office not later than June 21, 2004 we should be able to keep that
date. If materials are not received the hearing date will need to be set back. Please let me know if you have
questions on this material.
Sincerely,
Chris Saunders
Associate Planner
c: file
planning • zoning . subdivision review . annexation . historic preservation • housing • grant administration • neighborhood coordination
• SITE PLAN CHECKLIST •
A)67��t%� for- � s�'/G•�s
These checklists shall be completed and returned as part of the submittal. Any item checked "No" or 'N/A" (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Does the proposal one or more of the following:
Yes
20 or more dwelling units in a multiple household structure or structures ❑
30,000 or more square feet of office space,retail commercial space, service commercial space or industrial ❑
space.
More than two buildings on one site for permitted office uses, permitted retail commercial uses,permitted ❑
service commercial uses,permitted industrial uses or permitted combinations of uses
20,000 or more square feet of exterior storage of materials or goods ❑
Parking for more than 60 vehicles ❑
B. General Information.
General Information Yes No N/A
Location map,including area within one-half mile of the site 14 ❑ ❑
List of names and addresses of property owners according to Chapter 18.76,BMC (Noticing) 0 ❑ ❑
A construction route map shall be provided showing how materials and heavy equipment will travel ❑ ❑
to and from the site. The route shall avoid,where possible,local or minor collector streets or streets
where construction traffic would disrupt neighborhood residential character or pose a threat to
public health and safety
Boundary line of property with dimensions ❑ ❑
Date of plan preparation and changes ® ❑ ❑
North point indicator F41 ❑ ❑
Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet 4 ❑ ❑
Parcel size(s)in gross acres and square feet ❑ ❑
Estimated total floor area and estimated ratio of floor area to lot size ('floor area ratio, FAR),with a ❑ ❑
breakdown by land use
Location,percentage of parcel(s)and total site,and square footage for the following:
Existing and proposed buildings and structures ❑ ❑
Driveway and parking ❑ ❑ KI
Open space and/or landscaped area,recreational use areas,public and semipublic land, ❑ ❑
parks,school sites,etc.
Public street right-of-way ❑ ❑
Total number, type and density per type of dwelling units, and total net and gross residential density ❑ ❑ 2
and density per residential parcel
Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, Fq
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces,existing and proposed,and total square footage of each
The information required by '18.78.060.L, BMC (Streets, Roads and Alleys), unless such ❑ ❑
information was previously provided through a subdivision review process, or the provision of such
information was waived in writing by the City during subdivision review of the land to be
developed, or the provision of such information is waived in writing by the City prior to submittal
of a preliminary site plan application
Description and mapping of soils existing on the site,accompanied by analysis as to the suitability of 1 ❑ j ❑
such soils for the intended construction and proposed landscaping
Page 3
(Site Plan Checklist—Prepared 12/05/03)
Building design information(o - tte):
Building heights and elevations of all exterior walls of the building(s) or structure(s) ❑ ❑
Height above mean sea level of the elevation of the lowest floor and location of lot outfall ❑ ❑ [�
when the structure is proposed to be located in a floodway or floodplain area
Floor plans depicting location and dimensions of all proposed uses and activities 6p'0' ❑ ❑
Temporary facilities plan showing the location of all temporary model homes, sales offices and/or ❑ ❑
construction facilities,including temporary signs and parking facilities
Unless already provided through a previous subdivision review, a noxious weed control plan ❑ ❑ [g
complying with '18.78.050.H,BMC(Noxious Weed Management and Revegetation Plan)
Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC (Supplementary ❑ ❑
Documents)
C. Site Plan Information. The location,identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary-, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
Topographic contours at a minimum interval of 2 feet,or as determined by the Planning Director ❑ ❑
Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major ❑ ❑
arterial streets where the distances shall be 200 feet
On-site streets and rights-of-way ❑ ❑ 14
Ingress and egress points ❑ ❑
Traffic flow on-site ❑ ❑
Traffic flow off-site ❑ ❑
Utilities and utility rights-of-way or easements:
Electric ❑ ❑
Natural gas ❑ ❑
Telephone,cable television and similar utilities ❑ ❑
Water ❑ ❑
Sewer(sanitary,treated effluent and storm) ❑ ❑
Surface water,including:
Holding ponds, streams and irrigation ditches rR ❑ ❑
Watercourses,water bodies and wetlands ❑ ❑
Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ❑ ❑
identified as lying within a 100-year floodplain through additional floodplain delineation,
engineering analysis,topographic survey or other objective and factual basis
A floodplain analysis report in compliance with Chapter 18.58,BMC (Bozeman Floodplain El ❑ A]
Regulations)if not previously provided with subdivision review
Grading and drainage plan, including provisions for on-site retention/detention and water quality ❑ ❑ (jk]
improvement facilities as required by the Engineering Department, or in compliance with any
adopted storm drainage ordinance or best management practices manual adopted by the City
All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. wl-sch may be incorporated into the
storm drainage system for the property shall be designated:
The name of the drainageway(where appropriate) ❑ ❑ Ocl
The downstream conditions (developed,available drainageways,etc.) ❑ ❑
Any downstream restrictions ❑ ❑
Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic ❑ ❑ IN
features
Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and ❑ ❑
interrelationships with vehicular circulation system, indicating proposed treatment of points of
conflict
Page 4
Ak ANON,
Provision for handicapped ac sibility, including but not limited to, wheelch amps, parking ❑ ❑
spaces, handrails and curb cuts, including construction details and the applicant's certification of
ADA compliance
Fences and walls,including typical details ❑ ❑
Exterior signs. Note—The review of signs in conjunction with this application is only review for ❑
compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtainec from the
Department of Planning and Community Development prior to erection of any and all signs.
Exterior refuse collection areas,including typical details ❑ ❑
A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both ❑ ❑ IM
vehicular and pedestrian),vegetation that might interfere with lighting,and adjacent uses,containing
a layout of all proposed fixtures by location and type. The materials required in '18.78.060.R,BMC
(Lighting Plan),if not previously provided
Curb,asphalt section and drive approach construction details ❑ ❑
Landscaping - detailed plan showing plantings, equipment, and other appropriate information as [ ❑ ❑
required in '18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,
complete section C below.
Unique natural features, significant wildlife areas and veget tive cover, including existing trees and ® ❑ ❑
shrubs having a diameter greater than 2.5 inches,by species
Snow storage areas ❑ ❑
Location of City limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning ❑ ❑
Jurisdiction,within or near the development
Existing zoning within 200 feet of the site ❑ ❑
Historic,cultural and archeological resources,describe and map any designated historic structures or ❑ ❑
districts,and archeological or cultural sites
Major public facilities,including schools,parks,trails,etc. ❑ ❑
D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
Date, scale, north.arrow, and the names, addresses, and telephone numbers of both the property ❑ ❑
owner and the person preparing the plan
Location of existing boundary lines and dimensions of the lot oR 44 ❑ ❑
Approximate centerlines of existing watercourses,required watercourse setbacks,and the location of ❑ ❑
any 100-year floodplain; the approximate location of significant drainage features; and the location
and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and
sidewalks on the lot and/or adjacent to the lot
Project name, street address,and lot and block description ❑ ❑
Location, height and material of proposed screening and fencing (with berms to be delineated by ® ❑ ❑
one foot contours)
Locations and dimensions of proposed landscape buffer strips,including watercourse buffer strips FYIYU ❑ ❑
Complete landscape legend providing a description of plant materials shown on the plan, including ® ❑ ❑
typical symbols, names (common and botanical name), locations, quantities, container or caliper
sizes at installation,heights, spread and spacing.The location and type of all existing trees on the lot
over 6 inches in caliper must be specifically indicated
Complete illustration of landscaping and screening to be provided in or near off-street parking and ❑ ❑
loading areas, including information as to the amount (in square feet) of landscape area to be
provided internal to parking areas and the number and location of required off-street parking and
loading spaces
An indication of how existing healthy trees (if any) are to be retained and protected from damage ❑ ❑
during construction
Size, height, location and material of proposed seating, lighting, planters, sculptures, and water ] ❑ ❑
features
A description of proposed watering methods ❑ ❑ 90
Page 5
t
Location of street vision triang on the lot(if applicable) ❑ ❑ N'
Tabulation of points earned by the plan—see '18.48.060,BMC (Landscape Performance Standards) ❑ ❑ CR
Designated snow removal storage areas ❑ ❑ 91
Location of pavement,curbs,sidewalks and gutters ❑ ❑
Show location of existing and/or proposed drainage facilities which are to be used for drainage ❑ ❑
control
Existing and proposed grade ® ❑ ❑
Size of plantings at the time of installation and at maturity RI ❑ ❑
Areas to be irrigated ❑ ❑ FKI
Planting plan for watercourse buffers, per '18.42.100, BMC (Watercourse Setbacks), if not 1XI ❑ ❑
previously provided through subdivision review
Front and side elevations of buildings, fences and walls with height dimensions if not otherwise ❑ ❑
provided by the application. Show open stairways and other projections from exterior building walls
Page 6
Qe.q V All J S'0.4rt 1te-1 i 4(S
PANED UNIT DEVELOPMENT CHECOT
A>v�turia., -A> e x, FWD A)A
The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not
applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted:
PUD Concept Plan Information Yes No N/A
Data regarding site conditions, land characteristics, available community facilities and ❑ ❑ ❑
utilities and other related general information about adjacent land uses and the uses of land
within one-half mile of the subject parcel of land
Conceptual (sketch) drawing showing the proposed location of the uses of land, major ❑ ❑ ❑
streets and other significant features on the site and within one-half mile of the site
A computation table showing the site's proposed land use allocations by location and as a ❑ ❑ ❑
percent of total site area
B. Planned Unit Development—Preliminary Plan. The following information and data shall be submitted:
PUD Preliminary Plan Information Yes No I N/A
The following information shall be presented in an 8'/2- by 11-inch vertically bound document.The document shall
be bound so that it will open and he flat for reviewing and organized in the following order:
Application forms ❑ ❑
A list of names of all general and limited partners and/or officers and directors of [� ❑ ❑
the corporation involved as either applicants or owners of the planned unit
development ZC,.� o .s fKs cc
Statement of applicable City land use policies and objectives achieved by the Io ❑ ❑
proposed plan and how it furthers the implementation of the Bozeman growth
Policy
Statement of the proposed ownership of open space areas ❑ IN
Statement of the applicant's intentions with regard to future ownership of all or ❑ ❑ 0
portions of the planned unit development
Estimate of number of employees for business,commercial and industrial uses ❑ ❑
Description of rationale behind the assumptions and choices made by the ❑ ❑
applicant
Where deviations from the requirements of this title are proposed, the applicant 14 ❑ ❑
shall submit evidence of successful completion of the applicable community
design objectives and criteria of '18.36.090 (PUD Design Objectives and
Criteria), BMC. The applicant shall submit written explanation for each of the
applicable objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the applicant may
choose to submit, evidence that is beyond what is required in that section. Any
element of the proposal that varies from the criterion shall be described
Detailed description of how conflicts between land uses of different character are ❑ ❑
being avoided or mitigated
Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ [Z
home/business utilities, transportation fuel,waste recycling)
A development schedule indicating the approximate date when construction of ❑ ❑ Dd
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas
One reduced version of all preliminary plan and supplemental plan maps and 00 ❑ ❑
graphic illustrations at 8'/2-by 11-inches or 11-by 17-inches size
Page 3
(PUD Checklist—Prepared 1212/03)
In addition to all of t nformation listed on the Site Plan Checklist,th owing information shall be included on
the site plan:
Notations of proposed ownership, public or private, should be included where ❑ ❑
appropriate
The proposed treatment of the perimeter of the planned unit development, ❑ ❑ [4
including materials and techniques used, such as screening, fences, walls and
other landscaping
Attorney's or owner's certification of ownership RJ ❑ ❑
Viewsheds:
Looking onto and across the site from areas around the site, describe and map ❑ ❑
the views and vistas from adjacent properties that may be blocked or impaired by
development of the site
Describe and map areas of high visibility on the site as seen from adjacent off-site ❑ ❑ ]
locations
Street cross-section schematics shall be submitted for each general category of street,including:
The proposed width ❑ ❑
Treatment of curbs and gutters,or other storm water control system if other than ❑ ❑
curb and gutter is proposed
Sidewalk systems ❑ ❑ �]
Bikeway systems, where alternatives to the design criteria and standards of the ❑ ❑
City are proposed J+
Physiographic data,including the following:
A description of the hydrologic conditions of the site with analysis of water table ❑ ❑
fluctuation and a statement of site suitability for intended construction and
proposed landscaping,in compliance with '18.78.120.B.3.c,BMC
Locate and identify the ownership of existing wells or well sites within 400 feet of ❑ ❑
the site
If the project involves or requires platting, a preliminary subdivision plat, subject to the ❑ ❑
requirements of this title relative to subdivisions,shall be submitted
Not withstanding the waiver provisions of '18.78.080.B.9, BMC, at the discretion of the ❑ ❑ ]
City Engineer, a traffic impact analysis shall be prepared based upon the proposed
development. The analysis shall include provisions of the approved development
guidelines, and shall address impacts upon surrounding land uses. The Director of Public
Service may require the traffic impact analysis to include the information in '18.78.050.L,
BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision
review,that analysis shall meet this requirement
If the development's compliance with the community design objectives and criteria is IM ❑
under question, the City Commission may require additional impact studies or other plans
as deemed necessary for providing thorough consideration of the proposed planned unit
development
A proposed draft of a legal instrument containing the creation of a property owner's M ❑
association sufficient to meet the requirements of '18.72.020 (Property Owners
Association),BMC shall be submitted with the preliminary plan application ��— eAdcj
C. ❑ Planned Unit Development—Final Plan. The following information and data shall be subntted:
PUD Final Plan Information Yes No N/A
A list of names of all general and limited partners and/or officers and directors of the ❑ ❑ ❑
corporation involved as either applicants or owners of the planned unit development
A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary
plan. If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has
been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary
plans shall be permitted for final plans. The final plan site plan shall show the following information:
Page 4
Alk
Land use daTrame information as required on the preliminar _. plan) ❑ ❑ ❑
Lot lines,easements,public rights-of-way as per subdivision plat ❑ ❑ ❑
Attorney's or owner's certification of ownership ❑ ❑ ❑
Planning Director certification of approval of the site plan and its conformance ❑ ❑ ❑
with the preliminary plan
Owner's certification of acceptance of conditions and restrictions as set forth on ❑ ❑ ❑
the site plan
A final landscape plan consistent with the conditions and restrictions of the approved ❑ ❑ ❑
preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48
(Landscaping), BMC, except that any stated conditions and restfictions of the preliminary
plan approval shall supersede the provisions of Chapter 18.48 (Landscaping),BMC
An official final subdivision plat of the site must accompany the final planned unit ❑ ❑ ❑
development plan when applicable. City approval of the final subdivision plat shall be
required before issuance of building permits
Prior to submission of the final plan to the DRC and ADR staff, engineering plans and ❑ ❑ ❑
specifications for sewer, water, street improvements and other public improvements, and
an executed improvements agreement in proper form providing for the installation of such
improvements,must be submitted to and approved by the City
A plan for the maintenance of open space, meeting the requirements of '18.72.040 ❑ ❑ ❑
(Common Area and Facility Maintenance Plan and Guarantee), BMC, shall be submitted
with an application for final plan approval. Open space shown on the approved final plan
shall not be used for the construction of any structures not shown on the final plan
Page 5
%.xi Y yr x3uz r ivitviv
'It DEPAR NT OF PLANNING AND CO) UNITY DEVELOPMENT
Street address: Alfred M. Stiff Professional Building Phone: (406) 582-2260
20 East Olive Street Fax: (406) 582-2263
o�'�e Mailing address: P.O.Box 1230 E-mail: planning@bozeman.net
CO.
Bozeman,Montana 59771-1230 World wide web: www.bozeman.net
May 26, 2004
Steve Parks
4010 Graf Street
Bozeman, MT 59715
Re: #C-04003 Parks Variance
Dear Mr. Parks:
Your Variance Application for property located at 4010 Graf Street has been received and
assigned to Associate Planner Jody Sanford. The application has been reviewed in accordance
with the submittal checklist and appears to meet the submittal requirements. However, please
understand that during the course of review there may be other items identified or issues which
need to be addressed. Should that occur, Planner Sanford will be in contact with you.
The City Commission will review your application on Monday, July 19, 2004, at 7:00
p.m. in the City Commission Meeting Room at City Hall,411 East Main Street. Staff
recommends you attend the meeting to answer any questions the Commission may have.
The City Commission staff report will be sent to you approximately one week before the
meeting.
If you have any further questions regarding the review process, or your project in general,
please contact Planner Sanford at 582-2260.
Sincerely,
)ara�Hastie
Planning Secretary
TH/th
Cc: C&H Engineering, ATTN: Mark Chandler, 205 Edelweiss Drive, Bozeman, MT 59718
planning• zoning • subdivision review • annexation historic preservation • housing • grant administration • neighborhood coordination
Amok
City of Bozeman
Receipt
Nl
Bozeman, Montana —' 20
Received of 'j;
---Dollars
the sum of
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CITY OF
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JFDrc:,
E CITY OF BOZEMAN !i lE�, C E,, C / E"PE NT OF PLANNING AND COMMUNITY DEVELOPMENT
II F5R 2004M" si�, ' PROFESSIONAL OFFICE BUILDING - 20 EAST 0LDIA.�STLR.EE)TnA `4 J i
P. O. BOX 1230, BOZEMAN, MONTANA 59771-i1230,
(406) 582-2260 FAX (406) 582-2263
DEPARTMENT OF PLANNING
AP!D C�*'.i UNITY DEVFm,,.-n�T _
- ..--APPLICATION FOR ZONING VARIANCE / APPEAL
--------------------------------------------------------:
Name and address of applicant: Steve Parks
4010 Graf Street, Bozeman, MT 59715 Phone: 585-8877
2. Legal description of subject property: Lot 90, Sundance Springs Subdivision
3. Street address of property: 4010 Graf Street
4. Names and addresses of the owners of the property and any other persons having a
legal interest therein:
Steve Parks -4010 Graf Street,Bozeman, MT 59715
5 Variance/appeal requested and the reason for the request:
We are requesting a 5.65' encroachment into rear setback, due to covered porch being
accidentally built within the rear setback.
6. Filing Fee: $180.00 for single-family; $300.00 all other uses. (Minimum fee after refund: $120;
$200)
7. A list of names and addresses of property owners within 200' of the site, using the last declared
County real estate tax records, and stamped, plain (no return address), unsealed envelopes
addressed with names of those property owners. .
8. This application must be accompanied by this signed application; the appropriate fee; twenty (20)
copies of a completed site plan, justification for the variance, or evidence of incorrect
administrative interpretation (see submittal requirements). This application must contain the
names of and be signed by all owners of the property and any other persons having a legal interest
therein.
I (We) hereby certify that the above information is true and correct to the best of my(our) knowledge, and
that I (we) intend to proceed with actual construction work in accordance with said plans within six (6)
months after issuance of said variance. A Building Permit must be obtained for the subject property
(when required) " six (6) months from the date of the decision, or the variance shall be automatically
canceled and b come 11 and void.
Applicant's Signature Property Owner's Signature
Date: S 2 Ir— Date:
variance.app 1124103 Page 1 of 4
VARIANCE/APPEAL APPLICATION SUBMITTAL CHECKLIST
A. This checklist shall be completed and returned as part of a variance submittal. ' Any item
checked "No" or "N/A" (not applicable) must be explained in a narrative attached to the
checklist. Incomplete submittals will be returned to the applicant. Twenty (20) copies of the
site plan drawn to scale on paper not smaller than 8-1/2" x I V nor larger than 24"x 36", folded
no larger than 8-1/2 x 14", shall contain the following (when applicable), and shall clearly show
the requested variance(s):
Yes No NA
1 Drawn at scale of 1" to 20',but not less than 1" to 100' X
2 North point indicator
3 Property dimensions, grading, landscaping, location of utilities,
required yard setbacks �C
4 Location of all existing and proposed buildings X
5 Drive accesses, driveways, access roads,parking spaces, off-street
loading areas, and sidewalks, as applicable
6 Adjacent streets or alleys X
7 Name of applicant, address of property X
8 List of names and addresses of property owners within 200' of site,
using last declared County real estate tax records X
9 Stamped, plain (no return address),unsealed#10 envelopes (4-1/8@ x
9-1/2") addressed with names of property owners listed in#8 K
B. On a separate sheet of paper, provide a written justification of your variance request by
addressing the following: That the variance will not, be contrary to the public interest. That a
literal enforcement of the Zoning Ordinance will result in unnecessary hardship owing to
conditions unique to the property. The spirit of the Ordinance will be observed and substantial
justice done.
C. In the c ase o f a n a dministrative i nterpretation a ppeal, e vidence t o p rove t hat t he d ecision or
action of the official was incorrect or in violation of the terms of the Zoning Ordinance. Include
name and title of official, and decision or action which you are appealing.
D. Review fee: $180.00 for single-family; $300.00 all other uses. (Minimum fee after refund:
$120; $200)
CERTIFICATION OF ADJOINING PROPERTY OWNERS LIST
I, M,4,ei< A. CNA.-JA1-62 , APPLICANT OF THE ATTACHED PROPOSAL, HEREBY CERTIFY
THAT, TO THE BEST OF MY KNOWLEDGE, THE ATTACHED NAME AND ADDRESS LIST OF ALL
ADJOINING PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY LOCATED AT
,Lor 90 , Sun/A4tyc€ SP,e/tj6r Yu8 D, , IS A TRUE AND ACCURATE LIST FROM THE LAST
DE�ARED GALLATIN COUNTY TAX RECORDS. I FURTHER UNDERSTAND THAT AN
INACCURATE LIST MAY DELAY REVIEW OF THE PROJECT.
5_/2 5_1;W0*
SIGNATURE DATE
GAc&h\03\03402\Zoning variance appeal app.wpd
Variance.app 1124103 Page 2 of 4
' r•
.. •
196
Chapter 18.56
VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEAL PROCEDURES
Sections:
18.56.010 Purposes18.56.040 Appeals and variances-Application and investigation.
18.56.050 Interpretations and variances-Hearing and notice requirements.
18.56.060 Variances-Criteria for consideration.
18.56.070 Variances-Conditions of approval.
18.56.080 Appeals from city commission determinations.
18.56.090 Effective time for commission decisions-Variances void when.
18.56.010 Purposes
A. The city commission shall hear and decide variances and administrative appeals as follows:
1. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination
made by an administrative official in the enforcement of this title or of any title adopted pursuant thereto.
Appeals will be granted upon finding that such order, requirement, decision or determination made by an
administrative official is erroneous and contrary to this title or of any ordinance adopted pursuant thereto;
2. Authorize i n s pecific c ases,s uch v ariance from t he t erms of this title a s w ill n of b e c ontrary t o t he p ublic
interest, where owing to special conditions, a literal enforcement of the provisions will result in unnecessary
hardship, and so that the spirit of this title shall be observed and substantial justice done.
B. The commission may, after public notice and hearing, deny, approve or conditionally approve all requests for
variances due to hardship, including:
1. Requests to modify dimensional requirements of this title;
2. Requests for multiple variances;
3. Requests to modify flood hazard district requirements subject to the provisions of Chapter 18.44;and
4. Requests for variances in conjunction with conditional use permits. Approvals of all such variances shall be
conditioned upon Commission approval of the conditional use permit.
C. All requests for deviations in the neighborhood conservation overlay districts, entryway overlay districts, or through
the PUD process as described in Chapter 18.54 shall be heard by the City Commission.
D. In no•case may the City Commission grant variances to allow uses not already permitted pursuant to this title.
E. The concurring vote of four members of the commission shall be necessary to reverse any order, requirements,
decisions or determination of any administrative official, or to decide in favor of the applicant on any matter upon
which it is required to pass under this title, or to effect any variance of this title. A reversal of the Planning Director's
classification of a particular use shall be submitted to the City Commission for determination under the provisions of
section 18.06.060.
F. The concurring vote of three members of the City Commission shall be necessary to grant requested deviations to this
title.
18.56.040 Appeals and variances-Application and investigation.
A. Application for Variance or Interpretation Appeals. A request for variance proposed shall be made by filing at least
thirty days prior to the commission meeting an application with appropriate fees with the planning director; such
application shall be accompanied by a development plan showing such information as the planning director may
reasonably require for purposes of this title. The plans shall contain sufficient information for the commission to
make a proper decision on the matter.The request shall state the exceptional conditions and the peculiar and practical
difficulties claimed as a basis for a variance. In all cases, the application shall include, and shall not be deemed filed
until,all of the following is submitted:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance,including the street address,if any, of
the property;
3. The names and addresses of the owners of the property and any other persons having a legal interest therein;
4.• List of names and addresses of property owners within two hundred feet of site,using last declared county real
estate tax records;
5. Stamped,unsealed envelopes addressed with names of above property owners;
6. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as
applicable;
7. Location of all existing and proposed buildings;
8. Drive accesses,driveways,access roads,parking spaces,off-street loading areas,and sidewalks as applicable;
9. The variance requested and the reasons for the request;
10. Justification, in writing of subsections A,B and C of section 18.56.060;
11. Evidence satisfactory to the city commission of the ability and intention of the applicant to proceed with actual
construction work in accordance with said plans within six months after issuance of permit;
12. Required filing fee;and
variance.app 1124103 Page 3 of 4
13. In the case of an administrative interpretation appeal evidence to prove that the decision or action of the official
was incorrect or in violation of the terms of this title.
B. Investigation of Facts. The commission shall cause to be made such investigation of facts bearing on the application
as will provide necessary information to assure that the action on each such application is consistent with the intent
and purpose of this title. During time of appeal all construction shall cease and shall not commence until approved by
the city commission.
18.56.050 Interpretations and variances-Hearing and notice requirements.
A. There shall be a hearing for each application of an interpretation appeal or variance. The hearing shall be held at an
appointed time and place. Testimony shall be taken by the commission from persons interested in the application,and
from the planning staff.
B. The planning director shall give public notice of all public hearings to be held before the city commission.The notice
shall be published at least once in a newspaper published and having general circulation in the city, not more than
thirty days nor less than ten days prior to the public hearings.
C. The notice shall specify the number, date, time and place of all scheduled public hearings. It shall state the name and
address of the applicant, the name and address of the owner of the property, and a legal description of the property
affected, the street address, or its location by approximate distances from the nearest major street or road intersection
so that the property can be easily identified,and a brief statement of the nature of the hearing.
D. The notice shall provide a map of the area in question so as to indicate its general location and proximity to
surrounding properties.
E. In addition to such publication, the planning director shall post same notice of public hearing not more than thirty
days nor less then ten days prior to the public hearings, on the site in question as well as on one or more additional
locations,visible to the general public,within the affected area as deemed appropriate by the planning director.
F. The notice of public hearings shall also be made available upon request to all newspapers, radio and television
stations serving the jurisdiction for use as a public service announcement.
G. Such notice shall be sent by mail not more than thirty days nor less than ten days prior to the public hearings, to the
applicant and owners of record(or their legal representative)of the subject property as well as to the owners of record
of all parcels within two hundred feet of the perimeter of the subject property.
H. If for some reason, a required property owner fails to receive mailed notification of a scheduled public hearing, or if
one or more of the required p osted si gns in the area or on the site for which the public hearing is being held, is
inadvertently removed through no fault of the city, this in no way shall invalidate the legal notice requirement of the
scheduled public hearing.
I. Notice may also be provided to property owners in any additional area that may be substantially impacted by the
proposed variance as determined by the planning director.
18.56.060 Variances-Criteria for consideration.
In approving an application for a variance, the commission shall designate such lawful conditions as will secure substantial
protection for the public health,safety and general welfare,and shall find as follows:
A. at the variance will not be contrary to the public interest;
B. That a literal enforcement of this title will result in unnecessary hardship owing to conditions unique to the property;
C. The spirit of this title will be observed and substantial justice done.
18.56.070 Variances-Conditions of approval.
Any approval under this chapter shall be subject to the terms of the conditions designated in connection therein.
18.56.080 Appeals from city commission determinations.
Any person or persons, jointly or severally, aggrieved by any decision of the city commission under this chapter, or any
taxpayer, or any officer, department, board or bureau of the municipality, may present to a court of record a petition, duly
verified, setting forth that such decision is illegal in whole or in part specifying the grounds of illegality. Such petition shall
be presented to the court within thirty days after the filing of the decision in the office of the commission.
18.56.090 Effective time for commission decisions-Variances void when.
The decision of the or city commission shall be final except as provided in section 18.56.080 and if a building permit or land
use permit is not obtained for the subject property within six months from the date of the commission's decision, the
variance shall be automatically canceled and become null and void.
GAc&h\03\03402\Zoning variance appeal app.wpd
variance.app 1124103 Page 4 of 4
ADJOINING PROPERTY OWNERS
Lot 90, Sundance Springs Subdivision, Phase 211
Anders Lwendal Construction, Inc. Lot 89, Sundance Springs Sub.
4020 Graf Street 2083536
Bozeman, MT 59715
Kurt &Melinda Winegardner Lot 88, Sundance Springs Sub.
814 Hunters Way 2080389
Bozeman, MT 59718
Scott D &Katherine G. Gibson Lot 91, Sundance Springs Sub.
3940 Graf Street 2019651
Bozeman, MT 59715
Jeffrey W. & Cynthia W. Linkenbach Lot 92, Sundance Springs Sub.
8429 Sypes Canyon Road 2105275
Bozeman, MT 59715
Server&Nancy A. Sadik Lot 126, Sundance Springs Sub.
3902 Rainroper Drive 2120188
Bozeman, MT 59715
Gwen A. Jacobs Lot 127, Sundance Springs Sub.
3935 Graf Street 2107406
Bozeman, MT 59715
Allen Schaff Lot 128, Sundance Springs Sub.
2639 Thorpe Road 2106802
Belgrade, MT 59714
Larry A. & Crystal B. Alegria Lot 129, Sundance Springs Sub.
9632 Galvin Avenue 2020177
San Diego, CA 92126
Susan F. Apple Lot 130, Sundance Springs Sub.
4055 Graf Street 2029848
Bozeman, MT 59715
CERTIFICATION OF ADJOINING PROPERTY OWNERS LIST
I hereby certify that,to the best of my knowledge,the attached name and address list of all adjoining
property owners of record and each purchaser under contract for deed of property within 200 feet of
the property located at 4010 Graf Street, Bozeman, Lot 90, Sundance Springs Subdivision, Phase
2B, is a true and accurate list of names from the Gallatin County Clerk and Recorder records and
mailing addresses from the Gallatin County Assessor Records. I further understand that an
inaccurate list may delay review of the project.
Si ure Date
G:\c&h\03\03402\Adjoiners.wpd
s =�
I Dak a
Engineering and Surveying, Inc.
205 Edelweiss Drive • Bozeman, Montana 59718 • Phone(4C6) 587-1115 Fax(406) 587-9768
www.chengineers.com • E-Mail: info@chengineers.com
May 25, 2004
City of Bozeman Planning Office M AY 2 5 W4
Attn: Andy Epple 1_ ___ _._ J
P.O. Box 1230
Bozeman, MT 59772
RE: Variance Request for Steve Parks,Lot 90,Sundance Springs Subdivision,4010 Graf Street,
Bozeman, MT (03402)
Dear Andy,
This letter is to provide the justification for the variance requested on the above referenced site. This
is required in the application checklist,and is according to 18.56.060 of the UDO. The justification
is as follows:
A. The variance will not be contrary to the public interest.
This request is for a 5.65 foot encroachment into the 20 foot rear yard setback of Lot 90 by the three
season porch of the existing house that was built on the site. This occurred due to a drafting error
prior to the staking of the foundation of the house. This was totally accidental,and contrary to what
the approved site plan for the house showed. Fortunately, there are no other lots to the rear of this
lot.
Since there are no other lots to the rear of this lot,and this error was accidental,with no intent by the
owner or us to encroach into the setback, the public interest should not be affected by granting the
variance. We are presently negotiating a settlement with the Sundance Springs Owners Association
for any adverse affects this encroachment has on the two owners immediately adjacent to this lot,
and the subdivision in general.
B. That a literal enforcement of this title will result in unnecessary hardship owing to conditions
unique to the property.
As this request is being made after the discovery of the staking error,with the house nearly finished,
it is obvious the house can not be moved where it was supposed to be. The covered porch has a
trussed roof over it that is a part of the main framework of the home. Trying to remove a portion of
the porch so that it was only 30%of the width of the house would be cost prohibitive at this point.
C. The spirit of this title will be observed and substantial justice done.
Civil/Structural Engineering and Surveying
.As was mentioned previously, there are no lots to the rear of Lot 90,which means there are nolots
that are truly affected by the rear setback encroachment,just the 15.53 acre open space tract. We are .
negotiating a settlement with the Sundance Springs Owners Association for any adverse affects this
encroachment has on the subdivision. This settlement,will probably be used`for additional
landscaping in this area, which will help mitigate the setback encroachment. . . -
If any additional information is required,please contact our office.
Sincerely,
Mark A. Chandler,P.E.,P.L.S.
Enc.
GAc&h\03\03402Juslification for Variance Request.wpd
5
C &M
Engineering and Surveying,Inc.
205 Edelweiss Drive •, Bozeman, Montana 59718 •-Phone (406) 587-11.15 Fax(4061 587-9768.
vwvw.chengineers.com • E-Mail: info@cherigineers.com
May 25, 2004 -..•. . i
City of Bozeman Planning Office
Attn: Andy Epple
P.O. Box 1230
Bozeman; MT 59772
RB: Variance Request for Steve Parks,Lot 90, Sundance Springs Subdivision,4010 Graf Street,
Bozeman, MT(03402)
Dear Andy,
This letter is to provide the justification for the variance requested on the above referenced site. This '
is required in the application checklist;and is according to 18.56.060 of the-U. DO. The justification
is as follows:
A. The variance will not be contrary to the public interest.
This request-is for a 5.65 foot encroachment into-the,20 foot rear yard setback of Lot 90 by the three
season porch of the existing house'that was built on the site:. This occurred due to a drafting error
prior to the staking of the foundation of the house. This was totally accidental,and contrary to what
the approved site plan for the house showed. Fortunately, there are no other lots to the rear of this
lot.
Since there are no other lots to the rear of this lot,.and this error was accidental,withno intent,by the
owner or us to encroach into the setback, the public interest should,not be affected by granting the
variance. We are presently negotiating a settlement with the Sundance Springs Owners Association
for any adverse affects this encroachment has on the two owners immediately adjacent to this lot,
and the subdivision in general.
B. That a literal enforcement of this title-will result in unnecessary hardship owing to conditions
unique to the property.
As this request is being made after the discovery of the staking error;with the house nearly finished,
it:is obvious the house can not be moved'where it was supposed to be. The covered.porch has a
trussed roof over it that is a part of the main framework of the home. Trying to remove a portion of
the porch so that it was only 30% of the width of the house would be cost prohibitive at this point. .
C. The spirit of this title will be observed and substantial justice done.
Civil/Structural Engineering and Surveying
As was;mentioned previously,there,are no lots to the.rear of Lof 90,which means there are no.lots
that are truly affected by the rear setback-encroachment,just the 15.53. acre open space tract. We are.
negotiating a settlement with the`Sundance$prings Owners Association for any adverse affects this
encroachment has. on the subdivision;'. This'settlenient,wilI .probably be used'for additional
landscaping in this area,which will help.mitigate.the setback encroachment.
If any additional information is required; please contact our office. :
Sincerely,..
Mark A. Chandler, RE.,P.L.S.
Enc:
G.\c&M03\03402\Iusdfication for Variance Request:wpd
SITE PLAN \
SHOWING EXISTING COND/T/ONS OPEN SPACE
5125104 15.53 ACRES /
LOT 91
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OWNER: STEVE PARKS o 1
Engineering and urweyirig 1 LU
PROPERTY ADDRESS: 4010 GRAF STREET w u
205 Edelweiss Drive•Bozem n, Montane 5971 LEGAL DESCRIPTION: LOT 90, SUNDANCE SPRINGS >
Phone(406)587-1115•Fa (406)587-9768 SUBDIVISION, PHASE 2B 00
www.chengineers.com•info@�hengineers.com S et I of 1 #03402.1(D)
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FINAL PLAT FOR SUNDANCE SPRINGS SUBDIVISION PHASE 2B J-294
LOCATED IN A PORTION OF THE NW 1/4 OF SECTION 30,T2S,RISE,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
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[ DECLARATION OF COVENANTS CONDITIONS
t
AND RESTRICTIONS
r
FOR
SUNDANCE SPRINGS
'r
Section I
Single Family Residential Proper
ty
1
FILM 188 PACE4176
Home occupations or professions shall be allowed on lots in Sundance Springs
provided that they adhere to the requirements of the Bozeman Zone Code as.exists
as of the date of execution hereof. No advertising or director signs relating to a home
occupation or profession shall be allowed within the private, public or commonly
held lands within Sundance Springs except for one sign of no more than two (2)
square feet of surface area which may be attached directly to the principal residence.
c) Buildable Area. Each lot in Sundance Springs shall have a buildable area determined
by building or structure setbacks. All construction other than landscaping improvements shall be
limited to this buildable area. For further illustration see drawing below.
jd) Buildings Setbacks. All single family residential buildings or structures shall have a
minimum of a fifty(50)foot setback from the streams or ponds on the property. Unless otherwise
specified, the front setbacks shall be 25 feet,.the:side setbacks ate 15- feStt and the rear yard is 20 feet.
There shall be a 40 foot setback from a structures to the Sour Dough Trail.
REAR TdAO
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LOTL2.rz FRCWTARD
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8.4. Height Limits. The maximum building height for a building is thirty four(34) feet.
J 8.5 Minimum and Maximum Dwellin2 Sizes.
a) Minimum. Each lot shall provide the minimum living space exclusive of garages,
decks, porches, and carports of 2,000 square feet.
J 21
18.38.060 YARD AND HEIGHT ENCROACHMENTS,LIMITATIONS AND EXCEPTIONS
A. Permitted Encroachments Into Yards:'The following,shall be permitted encroachments into re-
quired yards,subject to any and all applicable International Building,Code requirements:
1. Architectural features,which do not add usable area to a structure,such as chimneys, bal-
conies, stairways, wing walls, bay windows,.sills, pilasters, lintels, cornices, eaves,.gutters,.
awnings,window wells and steps.,provided such architectural features do not extend more
than.5 feet into any required front or rear yard;
2. Architectural features,which do not add usable area to a structure,such as chimneys, bal-
conies,stairways,wing walls,baywindows,sills,pilasters,lintels,cornices,awnings,window
wells and steps, provded.such architectural features do not extend more than 2 feet into
any required side yard, except that eaves and gutters may extend 2.5 feet into any required
side yard;
3. Terraces'and patios, uncovered decks'ands toops or similar features, provided that such
features shall not extend above the height of the.ground floor level:of the principal struc-
ture nor more than 5 feet into anyrequired front or rear yard or 2 feet into anyrequired side
Yam;
4. Porches,covered terraces and covered decks,provided.such features shall not occupy more
than one-third of the length of,the_building wall, excluding the width of the garage if
applicable, and shall not extend more than 5 feet into any required front or rear yard or 2
feet into any required side yard;
5: Fire escapes maybe permitted in required side or rear.yards only;
6. Wheelchair ramps may encroach into any required yard,but shall not be located closer than
3 feet from any property line; and
7. Flag poles, ornamental features,trees, shrubs, walkways, nameplate signs, and floodlights
or other sources of illumination provided the direct source of light is not visible from the
public right-of-way or adjacent residential property.
B. Zero Lot Line Conditions. Where an individual owns two or more adjoining lots, or where the
owners of two or more adjoining lots make legal written agreement recorded at the Gallatin County
Clerk and'Recorder,a zero lot line concept maybe used for commercial or single-household dwell-
ing';unit developments. In residential districts this may result in the creation of a two-household
*residential structure, only in districts permitting such'a structure, or the creation of townhouse
clusters in districts permitting such structures.In all such cases in residential districts,a minimum 8 .
foot'side yard shall be maintained adjacent to the exterior side, or nonzero.lot line side, of the
structure.
C Special Yard Setbacks.
1. Where the required setback is greater than 15 feet,the comer side yard for any corner lot
not located on an arterial street may be 15 feet. However,where the vehicular access to a
garage is located on the frontage of the corner side yard,the portion accessible to vehicles
shall maintain at least a 20 foot setback
2. A 25 foot front yard or corner side yard shall be provided on all arterials designated in the
Bozeman growth policy,except within the B-3 district.
3. Setbacks from watercourses as set forth in§18'.42.100,BMC
4. Setbacks from intersections as set forth in§18.44.090,BMC
38-4
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