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HomeMy WebLinkAboutNarrative.SidewalkVariance.701 N Montana AveTO: Commission, City of Bozeman; Community Development Director FROM: Morgan Taylor & Guy Alsentzer, Owners of 701 N Montana Ave DATE: November 15, 2024 RE: Narrative in Support of Request for Variance from New Sidewalk Condition Imposed at 701 N Montana Ave Residential Re-development Project under a Neighborhood Certificate of Appropriateness, File No. 23-119, June 15, 2023 Dear City Commission: Please accept this letter in support our Family’s request for a variance from the City Planning's condition, per Section 38.400.080, that we construct a new sidewalk – where one has never existed - alongside our southern property border with E Cottonwood Ave, in Bozeman's Northeast Neighborhood. Background We are the homeowners of 701 N Montana Ave, Bozeman MT, 59715; IMES ADD S06, T02 S, R06 E, Block 41, Lot 11-12, .152 Ac, Plat C-41. The 701 N Montana Ave property is a corner lot at the NW corner of the intersection between N Montana Ave and E Cottonwood Ave, approximately one block south of the old City Yard located off Tamarack Ave and Rouse Ave. The 701 N Montana Ave property is located within the boundaries of the Northeast Neighborhood Association and is characterized by City Planning as "downtown” but is not within a designated historic district overlay. In 2014 our Family applied to the Planning Department for (a) a permit to demolish the existing garage and (b) permit to construct a new two-story garage and ADU on the western half of our lot. The City approved and granted a permit to construct a new garage and ADU in 2014, and that project concluded in 2015.1 City Planning did not require construction of a sidewalk along E Cottonwood Ave as a condition of permitting in 2014, despite that project involving relocation of an E Cottonwood Ave driveway onto the property and the same neighborhood appropriateness criteria applicable in permitting today. At that time City Planning assured our family that due to E Cottonwood Ave not being an 'arterial' street and the non-confirming character of the Northeast Neighborhood's lots, it did not require construction of a new sidewalk where one had never existed. Fast forward nearly a decade, and in March of 2023 our family applied to the City of Bozeman's Planning Depart for a permit to (a) demolish our primary residence and (b) construct a new primary residence as our family had outgrown the previous 1250 sq. foot, 2 bed 1 bath, log 1 See Exhibit A, Approved Site Plan for Construction of ADU/Garage at 701 N Montana Ave, including then-City Planning's acquiescence to not installing a new sidewalk along E Cottonwood Ave. cabin residence. The City approved a demolition permit in Spring 2023 and approved building plans in August 2023. Our submitted 2023 building plans and narrative did not include installation of a new sidewalk along the southern property border based on previous communication with City Planning in 2014 noted above, and because of the non-conforming nature of the lot and hardship that installation of a new 132' sidewalk would present. Our building plan narrative submittal noted unique characteristics at our lot and within the North East Neighborhood as including among other items: (a) non-traditional residential lot dimensions, including significant disparities in the size of our lot vs. adjoining lots (e.g., ~8,000 sq ft lot vs 10-12,000 sq ft lots on other lots adjoining the same intersection); (b) the existence of mature old-growth vegetation on our lot, within the Cottonwood Ave setback, which would be destroyed if a sidewalk was installed (mature lilacs and crab-apple tree); (c) the lack of measurable utility or safety value in installing a sidewalk when no further connectivity is present within the neighborhood (i.e., no sidewalks exist heading west along Cottonwood Ave, including several nearby corner lots also without sidewalks, and no pedestrian crossing at Rouse x Cottonwood intersection;) (d) character of Cottonwood Ave as not being an arterial street requiring a sidewalk; and (e) many sections of the downtown Northeast Neighborhood do not possess sidewalks, including many corner lots with recent development. Nonetheless, the City Engineer required as a condition of the June 2023 Neighborhood Certificate of Appropriateness (File No 23-119),2 the installation of a sidewalk along our approximately 132' southern property border to Cottonwood Ave. In communication with City Staff it is apparent that the recent, unrelenting development boom within municipal limits has stretched the Planning Department's capacity to consider unique circumstances at every project. In turn, limited Planning Department capacity means that application of city code has increasingly lacked meaningful consideration of the appropriateness of uniform code application with respect to new development on the west and southern parts of town, as opposed to the old, non-conforming nature of downtown Bozeman single-family residential lots. 2 See Exhibit B, Copy of City Planning Neighborhood Certificate of Appropriateness Decision, June 15, 2023. This variance is our family's request that the City Commission use common sense and apply its discretion to allow our downtown, non-conforming, corner residential lot be excused from the condition to build a "sidewalk to nowhere" along E Cottonwood Ave. Variance Requirements under Bozeman Municipal Code (BMC) In acting on an application for a variance, the City must designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and must issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance. BMC 38.250.070(C). Specifically applicable here, a variance must (1) not be contrary to and will serve the public interest; (2) be necessary, owing to conditions unique to the property, to avoid unnecessary hardship which would unavoidably result from the literal enforcement of a rule; and (3) observe the spirit of the code, including the growth policy, and do substantial justice. Our Family's Variance Request addresses each of these criteria below. Variance will not be contrary to and will serve the public interest The requested variance is to excuse our Family from the condition of installing a new, approximately 132' sidewalk along E Cottonwood Ave, where one has never existed. This variance is not contrary to the public interest because there is not an established sidewalk network along E Cottonwood Ave (between Rouse Ave and Tracy Ave), nor along several streets in the same Northeast Neighborhood, and thus there is no measurable utility for public safety. In addition, our variance request would preserve mature, old-growth forestry and vegetation that is part of the neighborhood character and a public amenity reducing heat and enhancing climate resiliency. Speaking generally, the phrase 'public interest' reflects the welfare of the community as a whole. Applied here, one could reasonably expect City Planning's condition to reflect the general assertion that sidewalks represent an urban transportation utility that both connects people to their communities and provides pedestrian access, including off-road transportation. Our family does not dispute those general values or utilities. That said, the facts of this variance request demonstrate that strict adherence to City Planning's interpretation of its authority to require old, non-conforming lots to install new sidewalks will do nothing measurable to improve pedestrian transportation or safety in the immediate vicinity because there is no existing "network" of sidewalks within the unique Northeast Neighborhood lying between Rouse Ave and N 3rd Ave, and between Rouse Ave and Tamarack Ave. Specifically, there exist no connecting sidewalks due West on E Cottonwood Ave, and the homeowners on each of those lots are opposed to installation of new sidewalks for the same reasons presented in this variance: no measurable public safety gained; the destruction of mature, old-growth vegetation; and unnecessary hardship on corner lot owners with nonconforming dimensions. Photo Below: Curb of 701 N Montana Ave lot, looking West where no connecting sidewalks exist on the adjoining lot, or for that matter do not exist until Centennial Park. In sum and as discussed herein, granting the requested variance from installing a "sidewalk to nowhere' will not be contrary to and will serve the neighborhood's public interest because (a) installing 132' of new sidewalk is "a sidewalk to nowhere" with no public value, and (b) installation would incite negative social and environmental consequences on the Neighborhood. Variance is necessary owing to unique property conditions and/or to avoid unnecessary hardship resulting from literal enforcement of code Our Family's Variance request also satisfies the criterion that the variance be necessary owing to unique conditions and, additionally, to avoid unnecessary hardship. First, the Commission should note the diverse, non-conforming nature of the downtown Northeast Neighborhood, including specifically the segment in question which comprises a roughly 8-block by 2-block rectangle situated between Rouse Ave and N 3rd Ave, and between Peach Ave and Tamarack Ave. The neighborhood includes a mixture of high-density apartment buildings and single-family residential, including the old City Yard less than one-block due north. A review of GIS mapping of lots within a two-block radius of 701 N Montana Ave demonstrates a wide-variety of lot dimensions, including a disparity in the dimensions of corner lots. The map below highlights 701 N Montana Ave lot and the existing, non-conforming lot sizes and land use patterns of the downtown Northeast Neighborhood. More specifically, unique conditions at our lot include the disparity in size and non-conforming dimensions of corner lots at our intersection. For example, our lot is .152 ac and has non- conforming dimensions compared to the other corner lots at the intersection of N Montana Ave & E Cottonwood Ave. The 701 N Montana Ave lot is the absolute minimum width of 50' (see BMC 38.08.040), whereas each of the other corner lots are double or triple lots with larger dimensions ranging from .21 ac in size for 702 N Montana Ave (across the street due East), .24 ac for 639 N Montana Ave (across street due south lot), or .24 ac for 624 N Montana Ave (across street diagonal triple lot). Put simply, installing a new sidewalk on a lot that is already the absolute minimum width (i.e., 10' sidewalk setback into a 50' width corner lot) represents a unique hardship based on its minimal dimensions and larger dimensions of all similarly situated corner lots, and so too hardship is present given the presence of preexisting conditions discussed below. Second, nearly all lots adjacent to E Cottonwood Ave possess mature, old growth vegetation dating back several decades, certainly to a time before the BMC or any City focus on congruent sidewalk systems. More specifically, the 701 N Montana Ave lot possesses a mature crab-apple tree that a forestry professional has estimated at approximately 70 years old, located approximately 2.5' off the E Cottonwood Ave curb. The property also possesses mature lilacs located approximately 8' due north of the E Cottonwood Ave curb. Both mature vegetation conflict with the presumptive 10' sidewalk setback due to no fault of current, or even recent, owners. Photo Below: Curb view E Cottonwood Ave, facing 701 N Montana Ave lot (ADU/garage in sight) Photos below: Looking East at the intersection of N Montana Ave & N Bozeman Ave, northern and southern properties, under the canopy of old-growth trees within setbacks where a sidewalk would allegedly be placed. Note no existing sidewalks. The City Growth Plan recognizes the value of mature, old-growth vegetation as a public amenity and tool for buffering climate resiliency. So too the Plan recognizes the social value that old, non-conforming downtown neighborhoods with unique characteristics offer. In both cases the Growth Plan recommends protecting these characteristics in new and redevelopment. Applied here, it is asinine to force the strict application of BMC sidewalk rules that are far more apt to planning new development in West Bozeman, as opposed to imposition on old, non- conforming lots in downtown Northside Bozeman. The unreasonable nature of uniformly requiring new sidewalk installation on old downtown lots is particularly acute where doing so would require the destruction of existing mature vegetation predating the current or any recent owner, and where no public safety impact could be measured/gained given the lack of connecting sidewalk system in the same Neighborhood. Third, E Cottonwood Ave within the Northeast Neighborhood is not historically considered an "arterial street" where sidewalks are presumptively required, and thus installing sidewalks thereon has never been an important policy issue for City Planning. The BMC Sec. 38.400.080 describes the general Sidewalk standards for the City. City sidewalks are to be constructed in all developments on all frontages except alleys. The implementing section 38.510.010 describes Block Frontage Standards, with standards applicable to residential zones found in 38.510.030.C. Relevant here, subsection 'Sidewalk Width' requires 6' minimum sidewalks adjacent to "arterial streets" and 5' width elsewhere, the key term being "arterial street." When considering the nature of Bozeman's Northeast Neighborhood it is clear that the City considers N Montana Ave (and other North-South streets) neighborhood arterial streets, whereas E Cottonwood Ave and E Aspen Ave are not historically considered arterial - and therefore not prioritized for sidewalks - by virtue of their limited length and non-conforming natures (intersected by state highway, e.g., Rouse Ave). This makes sense in that the vast majority of the Northeast Neighborhood 8x2 block segment in which the 701 N Montana Ave lot is located does not possess sidewalks along non- arterial streets (e.g., no sidewalk systems along E Aspen Ave or E Cottonwood Ave, non- conforming lots). Photo Below: Looking West on E Cottonwood Ave, at intersection of N Bozeman Ave. Note: no sidewalks. The non-arterial nature of E Cottonwood Ave or E Aspen Ave is further demonstrated by how even the City's own property - the Old City Yard off Tamarack & Rouse - does not have a sidewalk along E Aspen Ave. This begs the question, why not? The obvious answer is that, like the 701 N Montana Ave property less than a block south, there is no measurable utility in installing a sidewalk along the City's property because it is not a pedestrian thoroughfare, there is no safe or controlled pedestrian crossing intersection, and because E Aspen Ave is not an arterial street. Further, even though a sidewalk is present along E Cottonwood for one block heading East, it stops at Rouse Ave, and there is no controlled pedestrian access to cross Rouse Ave unless the public walks south to the Peach St intersection, or north to the Tamarack intersection. Pedestrian access from the eastern portion of the Northeast Neighborhood to the western portion occurs at either Peach Ave or Tamarack Ave intersections with Rouse, and each of those streets possess sidewalks with controlled lights. Conversely, the unique, non-arterial streets of E Aspen and E Cottonwood, between Rouse and Tamarack, do not have a sidewalk system,and installation of one new 130' section would not measurably or meaningfully improve public safety or pedestrian access. In fact, and as noted in this variance application, it is not reasonably foreseeable to obtain any further sidewalk connectivity along E Cottonwood Ave given the City does not take private land via eminent domain for sidewalks, our neighbors are opposed to being forced to install new sidewalks and destroy mature old-growth vegetation, and so too there are no pending redevelopment projects. Photo Below: City Yard at Aspen Ave and N Bozeman Ave. Note, no sidewalk on City property. Coming full circle, there is both precedent and reasonable explanation for why sidewalks have not historically been required along E Cottonwood Ave & E Aspen frontages nearby the 701 N Montana Ave property: these are not arterial streets, there exists no coherent sidewalk system, lots are non-conforming dimensions, and there exists significant and beneficial old-growth forestry and vegetation that would needlessly be destroyed if sidewalks were installed. These facts, like those others described above, mitigate against requiring enforcement of a new sidewalk at the 701 N Montana Ave property as a condition of re-development. Fourth, City Planning/Engineering has arbitrarily and inconsistently applied the so-called mandatory condition to install new sidewalks for at least a half-dozen residential redevelopment projects in the vicinity of 701 N Montana Ave. The arbitrary nature of City Planning's application of the BMC sidewalk criterion undermines the validity of its rationale for enforcing it solely at our Family's lot. Having lived in downtown Bozeman for nearly 20 years, our Family knows well most of the recent residential redevelopment projects. City Planning has not consistently enforced the so- called sidewalk requirement for a variety of residential re-development projects in the Northeast Neighborhood that are directly analogous to our property at 701 N Montana Ave. Photo Below: Recent residential redevelopment at 17 E Aspen (3 blocks from 701 N Montana Ave) was not required to install a sidewalk along E Aspen Ave. Photo Below: Recent 2024 re-development at 300 E Aspen (less than 1x block north of 701 N Montana Ave) was not required to install a sidewalk. Note also, the City Yard to the north also does not have a sidewalk. Photo Below: Recent residential redevelopment at 329 N Broadway was not required to construct a sidewalk along the non-arterial East-West street. Photo Below: recent redevelopment at 439 N Black Ave (across the street from Beall Park) was not required to install a new sidewalk along Short St (the non-arterial East-West street). Photo Below: Recent 2023 residential redevelopment of the 723 E Peach St lot, across the street from the Wildlands Building and incredibly busy Wild Crumb Bakery, was not required to install a sidewalk along non-arterial N Ida Ave. Each of the examples provided herein demonstrate that City Planning is not, contrary to its assertion and conditions imposed at the 701 N Montana Ave residential redevelopment project, requiring the installation of new sidewalks along all frontages. Rather, City Planning has exercised its discretion to not require installation of new sidewalks where there is not an arterial roadway or meaningful public benefit, and even not required installation of sidewalks on streets adjacent to some of the busiest pedestrian intersections in the Northeast Neighborhood, those adjacent to the Wildlands Building and Beall Park. The Variance Request Observes the Spirit of the BMC, is Congruent with the Adopted Growth Policy, and Does Substantial Justice The preamble to Sec. 38.100.040 BMC squarely recognizes the balancing act between rights and responsibilities relating to land ownership and public health, safety and general welfare. So too the BMC section expressly recognizes the value in requiring development in harmony with the natural development and promoting development approaches that minimize costs to local citizens, protect private property rights, and avoid unnecessary environmental degradation. As discussed in this variance application as the City's physical footprint has expanded there exists a tendency for City Planning Staff, who are under immense pressure to address a variety of growth challenges, to categorically apply code without meaningful evaluation of site-specific context that may well support exceptions to the rule. Such is the case with the proposed condition here, that a non-conforming segment of Bozeman's Northeast Neighborhood, which is not proximate to businesses nor arterial streets, be suddenly held to a new standard of care. Put simply, the general BMC code requiring creation of a sidewalk along frontages makes sense for new development in Bozeman's high-growth, new West-side development. The categorical imposition of a new sidewalk on re-development, where one has never existed since the lot's creation decades ago, in an undisputedly non-conforming downtown Neighborhood, and where doing so lacks tangible public benefit yet imposes disproportionate burden on a long-time private landowner, smacks of unequal and unjust decision-making. So too the Growth Plan recognizes that Bozeman is comprised of unique neighborhoods, including the promotion of a sense of identity, which in turn relates to physical and aesthetic qualities. More specifically, downtown and the Northeast Neighborhood in particular are well- known for their non-conforming land use and lots, including both old growth and mature vegetation and a mixture of single-family residential, multiple-density, and commercial development of inapposite dimensions and characteristics. The Growth Plan specifically identifies the goal of "a City Bolstered by Downtown and Complementary Districts," where such goal is satisfied in part by the "strategic preservation of trees, open spaces, and wetlands." The 701 N Montana Ave property, and especially E Cottonwood - on which the condition to construct a new sidewalk lies - is bordered by mature old growth vegetation that provide a unique aesthetic, and so too valuable greenery and flora offering public amenities of shade, habitat, and privacy. As discussed herein the nonconforming dimensions of the 701 N Montana Ave lot and the location of old growth trees and lilacs would require destruction in order to accommodate the proposed sidewalk, a decision that would diminish the neighborhood and so too disproportionately and negatively affect the property owner due to no fault of their own. The Growth Plan also emphasizes the importance of decisions congruent with other adopted plans, such as the Drought Management Plan. As the arid intermountain west and SW Montana in particular continues to experience persistent drought, individual scale actions that emphasize wise use of water and climate resiliency become equally important as municipal-scale infrastructure that is water-smart. Put another way, preserving mature old-growth vegetation in downtown Bozeman reduces urban heat effects, playing a role in cumulatively helping mitigate warming temperatures in the increasingly impervious downtown-core, and helping infiltrate and evapotranspire our more frequent precipitation events as opposed to invasive grass yards that shunt stormwater flows and pollutants into city sewers. As documented in this application, the 701 N Montana Ave lot was given a community redevelopment award after building a garage/ADU for creative landscaping incorporating community gardens and drought tolerant taxa, a trend that the property owners have improved upon by creating a bee and pollinator rain garden along E Cottonwood Ave and under the eaves of their lilac and crabapple vegetation. See photos, above. Common-sense climate resiliency strategies at the residential scale are expressly encouraged by a variety of elements in the Growth Plan, by the Drought Plan, and by Stormwater Planning, and yet all would be negated by destruction of these natural amenities if required to create a new sidewalk along E Cottonwood Ave. To be sure, it is congruent with City Policy and does substantial justice for the City Commission to recognize and appreciate property owners, like the 701 N Montana Ave lot, who personally invest in items such as greenspace, drought tolerant and native landscaping, and whom seek to preserve mature old-growth vegetation, all of which provide public benefits and enhance the neighborhood's unique qualities. Conclusion In sum, the facts above demonstrate several persuasive points that strongly support our Family's request for a variance from the condition to install a new 132' sidewalk at the 701 N Montana Ave property along E Cottonwood: • The 701 N Montana Ave lot has unique dimensions and installation of a sidewalk and use of a 10' setback along E Cottonwood Ave would create unnecessary hardship on the lot by 1/5 of the total as compared to substantially less for any other adjoining corner lot; • Installation of the 10' sidewalk setback would require destruction of mature old-growth trees and vegetation, items contrary to the public interest and the City's Growth Plan; • There exists no sidewalk system heading West along E Cottonwood Ave from the 701 N Montana Ave property to which a new sidewalk would connect, and thus no measurable benefit to public safety; • The City's own property one block north along E Aspen does not have a sidewalk; • The City has arbitrarily applied sidewalk requirements to residential redevelopment within the proximity of 701 N Montana Ave, including not requiring sidewalks nearby public amenities; • No public amenities or public businesses of significant nature exist nearby the 701 N Montana Ave property to support the particular need for a sidewalk; • City Planning did not require and said there was no need for a sidewalk on E Cottonwood Ave during construction of the 2015 ADU/Garage, yet ten years later Planning has changed its tune and swung 180' degrees without meaningful rationale We respectfully request the City Commission grant our family a variance from City Planning's building plan requirement that we construct a new, 132' sidewalk along E Cottonwood Ave due to the unique dimensions of our lot, the non-conforming nature of the Northeast Neighborhood, City Planning's arbitrary imposition of this condition similar and nearby recent residential redevelopment, and to avoid the unnecessary hardship of destroying mature, old- growth vegetation in the pursuit of "building a sidewalk to nowhere", with no measurable utility and with no nearby public amenities or businesses. At the completion of our ADU/Garage in 2016, the City's Advisory Board presented our family an award for "Most Improved" Residential Redevelopment. We take pride in our lot and believe our redevelopment of the primary residence into a structure capable of supporting our family of five benefits and will add character and grace to the neighborhood. Our existing use of xeriscaping and drought-tolerant plantings demonstrates our commitment to climate resilience and improving the aesthetic character of our neighborhood. We ask the City Commission to excuse our Family from the nonsensical requirement and unnecessary hardship that installation of a new 132' sidewalk would present for our corner lot. In the alternative, and only if the City Commission denies our variance request, we request it direct City Planning to execute an Improvement Agreement with our family pursuant under BMC 38.400.080(C) and BMC 38.270, including the ability to issue of a Certificate of Occupancy allowing our family to occupy the premises upon project completion in winter 2025, and to submit sidewalk plans to construct an E Cottonwood sidewalk during the FY25 summer building season. Please use common sense and your discretion to grant our Family a variance from building a new, "sidewalk to nowhere" along E Cottonwood in the Northeast Neighborhood. Respectfully submitted- /s/ Morgan Taylor & Guy Alsentzer 701 N Montana Ave Bozeman MT 59715 morgan85taylor@gmail.com guyalsentzer@gmail.com Location Map Exhibit B: June 15, 2023, Neighborhood Certificate of Appropriateness Decision HISTORIC NEIGHBORHOOD CERTIFICATE OF APPROPRIATENESS DECISION APPLICATION Date: June 15, 2023 File Number: 23-119 Address: 701 Montana Avenue, Bozeman MT 59715 Alterations: 1. Demolition of an existing non-eligible and intrusive single household residence 2. Construction of a new single household residence 3. All changes as detailed in application #23-119 Review Planner:Nakeisha Lyon, AICP, Associate Planner FINDINGS Project meets City of Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay and Section 38.340.050 Bozeman Municipal Code. Project meets City of Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay and Section 38.340.050 Bozeman Municipal Code with conditions, see below. Project meets City of Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay and Section 38.340.050 Bozeman Municipal Code, see attachment. DEPARTMENT APPROVAL CODE PROVISIONS Per Section 38.100.080 & 38.200.110, the proposed project shall be completed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. Any material that needs to be changed that cannot be matched or repaired as outlined in the application requires a modification application . The only exception to this law is repair. The only exception to this law is repair. Brian Krueger Digitally signed by Brian Krueger DN: C=US, E=bkrueger@bozeman.net, O=City of Bozeman, OU=Department of Community Development, CN=Brian Krueger Date: 2023.06.20 09:01:13-06'00' Per Section 38.200.100.A.3, the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or said approval shall become null and void. Please call the Building Division at 406- 582-2375 for more information on the building permit process. Per Section 38.400.080 - Sidewalks: Engineering has discussed the current sidewalk conditions with the City Engineer and the City Engineer will require the applicant to install a 5 foot wide City standard sidewalk along the East Cottonwood Street frontage adjacent to the subject property with this redevelopment project. The sidewalk will need to connect to the ADA landing pad at the top of the ADA ramp so the connection to the existing sidewalk system meets ADA standards. The sidewalk must be installed according to the "City of Bozeman Sidewalk Policy." Please show the sidewalk on the building permit application. Per Section 38.410.060 - Sidewalk Easement: If there is less than 5 feet between the back of the curb and the property line, or not sufficient space in the public right-of-way to connect to the existing ADA landing pad, the applicant must provide a sidewalk easement with the building permit application. The sidewalk easement must be provided on a city standard easement template with an exhibit. Drafts must be prepared for review and approval by the city with the building permit submittal. A signed hard copy of the easement must be submitted to the city prior to building permit approval. The applicant may find the City Standard Sidewalk Easement Template in the City Documents and Staff Reports folder. Please fill in the blanks and highlighted information. These templates represent the city's required easement. If the applicant chooses to request changes they must contact the development review engineer assigned to the project. If any changes are made to these templates the applicant must indicate in the document the specific changes when returned to the City. CONDITIONS OF APPROVAL Sidewalk Specifications: A sidewalk application must be submitted to the City Engineer's office prior to constructing the sidewalk in the public right-of-way. Sidewalks must also be inspected prior to pouring. To schedule an inspection, please call 406-582-2280 a minimum of 4 hours prior to pouring. Engineering has uploaded the City of Bozeman Sidewalk Specifications and the application for Sidewalk Permits to the City Documents and Staff Reports folder in Pdox. You can also find all this information on the City Engineering website. Drainage Forms (for Building Permit): With the building permit application, please fill out and submit the Site Drainage Self Certification form and the Sump Drain Policy form. I have uploaded these forms to the City Documents and Staff Reports folder in Pdox. You can also find these forms on the City Community Development website under the building permit checklists, forms and guides. APPEALS You have the right to appeal this decision of the Community Development Director pursuant to the provisions of Article 38.250 of the Bozeman Municipal Code. Please note that this decision is also subject to appeal by other aggrieved parties as defined by Sec. 38.700.020 of the Bozeman Municipal Code. Such appeals must be filed pursuant to the provisions of Sec. 38.250.030 of the Bozeman Municipal Code. An appeal must be filed within 10 working days following the date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community Development Department and Building Division will not be able to approve any building permits or to perform any inspections related to this COA. IMPACT FEES Future building permit applications may require payment of the required transportation, water, sewer and fire impact fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance. If you desire an estimate of the required impact fees (according to current rates) please contact the Department of Community Development. CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DISPLAY THE FRONT OF THIS DOCUMENT IN A PROMINENT LOCATION FACING THE STREET DURING CONSTRUCTION NO WORK MAY COMMENCE PRIOR TO BUILDING PERMIT ISSUANCE S 6TH AVES 8TH AVE S 9TH AVEN 9TH AVEN 10TH AVE N 8TH AVEN 6TH AVE F ORAL LN ER CK TAI LNMES 7TH AVES 7TH AVE N 7TH AVEMEADOW LNRIDGER V IEW TRA IL ER COURT TR PK BRI E W TR AIL ER CD GEROURTTRPK IV EDGERLEY LN HILLSIDE LN GRIFFIN DR NIK LES DR EVERGREEN DR T L S N 5TH AVE GOLD AVE TRL RD GEE GRIFFIN D R ALDRUSTINBRIDGER D R OLD BUFFALO TRL Rowid ADDRESS DIR ROADNAME NAME 1 404 W MAIN Gallatin County High School 2 301 W MAIN Gallatin County Courthouse 3 220 W MAIN Holy Rosary Church Rectory 4 202 W MAIN Story Iron Works/Motor Co 5 26 S GRAND Bozeman Sheet Metal Works Cooper ParkCooper Park Bon TonBon Ton South Tracy Avenue South Tracy Avenue South Tracy/ South Black South Tracy/ South Black Main StMain St Lindley Place Lindley Place North Tracy Avenue North Tracy Avenue Bozeman Brewery Bozeman Brewery W MAIN ST N 7TH AVE W COLLEGE ST E MAIN S T H A G G E R T Y L N S 4TH AVES 5TH AVESWILLSONAVESCHURCHAVESGRANDAVEW STORY ST N 5TH AVE S 15TH AVE W OLIVE ST ELLIS S T E LAMME ST W ALDERSON ST B O H A R T L N W CURTISS S T C E D A R S T SBLACKAVEW LAMME ST W GRANT ST N BLACK AVE F R O NT S T S 10TH AVEN TRACY AVENGRANDAVE17TH AVE N WALLACE AVE W HARRISON ST NBOZEMANAVEIDA AVE N 3RD AVE W MENDENHALL ST N 15TH AVEN 11TH AVENCHURCHAVEPLUM AVE W PEACH ST N WILLSON AVE S 14TH AVE E MENDENHALL S T E TAMARACK ST E STORY ST W HAYES ST N BROADWAY AVE E PEACH ST W TAMARACK ST NMONTANAAVE ARTHUR ST PERKINS PL E BEALL S T N 16TH AVE SBOZEMANAVES MONTANA AVE N 4TH AVE DAVIS S T E CURTISS ST OLD HIGHLAND BLVD E GARFIELD ST BUTTONWOOD AVESWALLACEAVEW SHORT ST BOND ST PE A R S T CYPRESS AVE W ASPEN S T L LEA AVE E COTTONWOOD ST LINDLEY PL ICE POND R D S16TH AVE BOZEMAN TRL ST FRIDLE Y S T E ASPEN ST E VILLARD ST BRYANT S T E BABCOCK S T DELL PLALDER COURT LN W COTTONWOOD ST RUTH THIEB AULT W AY AN TR L GOLF WAY E OLIVE ST PIO N E E R DR E KOCH ST BOGERT PL W MASON ST AVE BOB CATCIRE ALDER S O N ST LEW IS AND CLA R K TRL E COLLEGE S T E SHORT ST BRADY AVE MAP L E D R TRAILER COURT TRPK E A V O CA D O S T E JUNIPER ST E HARRISON ST E BIRCH S TBRI W CLEVELAND ST B ONNER LN E CLEVELAND S T IVAN AVE E LINCOLN ST E DICKERSON ST N TRAILER COURT TRP K C HEQUAGONVI LLAGE R DST W ASPEN S T E LINCOLN ST E OLIVE ST E ASPEN ST W BEALL S T N MONTANA AVE E CURTISS S T E OAK ST W CLEVELAND ST S TR A C Y AVE N 8TH AVE E BABCOCK S T E SHORT ST 16TH AVE SBOZEMANAVELSON TRAILER COURT TRPK SROUSEAVES 3RD AVE S 12TH AVE NELSON TRAILER COURTTRPK E MASON ST E CURTISS S T W LINCOLN ST W VILLARD ST E PEACH ST W DICKERSON ST N ROUSE AVE S 13TH AVES 5TH AVE N 3RD AVE DAVIS S T W SHORT ST W BABCOCK ST E ASPEN S T S 8TH AVES 3RD AVES TRACY AVE W GARFIELD ST FRIDLEY ST E COTTONWOOD ST 99 88 77 66 55 4433 22 11 4545 4444 4343 4242 4141 4040 3939 3838 3737 3636 3535 3434 33333232 3131 3030 2929 2828 2727 2626 2525 2424 2323 2222 2121 2020 1919 18181717 1616 1515 1414 1313 1212 11111010 1,000 0 1,000500 Feet 35 716 S BLACK Kolble House 36 506 E BABCOCK Rouse House 37 209 S WALLACE Gallatin Valley Seed Co 38 107 S 4T H Bridger Arms Apartments 39 120 S BLACK Blackmore Apartments 40 35 N BOZEMAN Carnegie Library 41 35 N GRAND Ketterer Building 42 111 S GRAND Emerson School 43 308 S BOZEMAN Samuel Lewis House 44 8 W HARRISON Jack Bartlett House 45 125 W MAIN Charles Lundwall Building Legend Historic Districts Conservation Overlay Historic Places Schools Parcels Revised: 07/01/01Revised: 07/01/01 II '-I I I II iOi N A W O A K S T B A X T E R L N NW WHEAT DR MANDEVILLE LN R BAXT HEMLO W BIRCH ST WJUNIPERST L O ROYAL CTN 9TH AVEDR IRIL L LA A G TTRRRRR RRREETTIIStory MillGILKESONDRNVILAGETAILECOUTRPK RPKECOUTVWAILBDG6 24 W MENDENHALL Bozeman Armory 7 112 S GRAND Gifford House 8 120 S GRAND First Baptisit Church 9 113 S WILLSON Dokken Funeral Home 10 26 W BABCOCK First Presbyterian Church 11 6 W BABCOCK Bozeman YMCA 12 9 W OLIVE St. James Episcopal Church 13 427 E MAIN Hamill Apartments 14 424 E MAIN Litening Gas 15 502 W MENDENHALL Harris House 16 607 W LAMME Colburn House 17 122 W LAMME Brandenburg House 18 22 W LAMME Home 19 714 N TRACY Home 20 204 N BOZEMAN Spieth Houses 21 317 N BOZEMAN Krueger House 22 409 N BOZEMAN Beall Park Community Center 23 506 N BOZEMAN Johnson House 24 216 N CHURCH Newman House Story Mill25 224 N CHURCH Busch House RD 26 323 N CHURCH Vreeland House 27 510 N CHURCH Bohart House 28 216 N WALLACE Peterson House 29 700 N WALLACE MISCO Grain Elevator 30 205 S CHURCH Hamill House E OAK S T 31 818 S 8TH Home 32 801 S 7TH Panton House 33 420 W COLLEGE Hines House 34 221 W ARTHUR Graff Building City of Bozeman Historic Preservation Districts