HomeMy WebLinkAbout03-31-25 Public Comment - D. Wales - Vote “NO” to the GuthrieFrom:Doug Wales
To:Bozeman Public Comment
Subject:[EXTERNAL]Vote “NO” to the Guthrie
Date:Monday, March 31, 2025 9:09:18 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
To Whom It May Concern,
I am writing on opposition to allowing the currently proposed Guthrie buildingon North 5th be approved. The NCOD is the city code in which I’ve entrusted
to significantly invest much of my retirement savings. Disregarding this code
will negatively impact the value of my property, significantly, monetarily and
qualitatively.
There is an extraordinary building boom of private condos and apartments all
around downtown Bozeman. The north side neighborhood homeowner’s lives
should not be relegated to be collateral damage by the City Commissioners.The argument that it is essential to offer “affordable housing” within blocks ofdowntown Bozeman is bogus. There are no grocery stores, drug stores, and
other than our wonderful hardware store, any affordable shopping available
for lower income families in the downtown area. None. Zero. Much of thenorth-side is filled with long-time residents who now are senior citizens, likeme.
The Neighborhood Conservation Overlay District (NCOD) is not merely advisory—it is adopted city code, and its Design Guidelines are mandatory for all
development within its boundaries. Misrepresenting this legal framework
undermines decades of carefully developed preservation efforts and threatens the
unique character of Bozeman’s historic neighborhoods.
The NCOD Design Guidelines were adopted by reference into the Unified
Development Code (UDC) under Section 38.110.010(B) and must be enforced as
though printed in full. Further, Section 38.100.050(A) clearly states that where thereis a conflict between code provisions, the most restrictive requirements govern.
This means the NCOD Guidelines supersede base zoning—period.
The city’s claim that the Guidelines are non-compulsory contradicts decades ofenforcement precedent and Bozeman Municipal Code. Staff’s argument appears
rooted in a misinterpretation of the term “should” and intentionally designed
flexibility built into the NCOD Design Guidelines. However, the Guidelines
themselves clarify in Appendix B: “If the term ‘should’ appears in a designguideline, compliance is required.” Only in rare, justified cases may the city
waive compliance of a design guideline, and even so the policy objective still must
be met.
Overlay districts like the NCOD exist throughout the country precisely to impose
stricter, area-specific controls. Bozeman is no exception. Staff cannot unilaterally
choose to disregard codified guidelines—doing so is not only an administrativeoverreach, it borders on illegal legislative action.
Finally, reducing the NCOD’s authority by selectively applying or “considering”
guidelines opens the door for incompatible development—introducing height, mass,and scale that dwarfs surrounding structures and erodes neighborhood integrity.This is not how thoughtful preservation works. The city must follow its own laws.
Bozeman's identity is intertwined with its historic built environment. The NCOD isnot optional. It is binding law, and it must be enforced as such.
Sincerely,
Doug Wales
323 West Lamme
Bozeman, MT 50715
Sent from my iPad