HomeMy WebLinkAbout03-31-25 Public Comment - G. Gettler - In support of the Guthrie Appeal # 25033From:Gail Gettler
To:Bozeman Public Comment
Subject:[EXTERNAL]In support of the Guthrie Appeal # 25033
Date:Monday, March 31, 2025 12:20:56 PM
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To Whom It May Concern,
I write to underscore a critical fact: Bozeman’s Neighborhood Conservation Overlay District
(NCOD) and its Design Guidelines are mandatory city code, not advisory. Any developmentwithin its boundaries—such as the proposed project the Guthrie—must comply with these
standards. The city’s own code, under Section 38.110.010(B), adopts the NCOD Guidelinesby
reference, making them legally enforceable. Further, Section 38.100.050(A) clarifies that themost restrictive standards—such as those in the NCOD—govern when conflicts with base
zoningarise.
Yet staff reports continue to misstate regulatory framework. The site of the proposed Guthrieis
within the NCOD and therefore all of the NCOD Design Guidelines as mandated by theDesign
Guidelines must apply in determining if a Certificate of Appropriateness is warranted.Additionally, the staff report for the appeal of the Guthrie incorrectly interprets the word
“should” in the Design Guidelines as discretionary. Appendix B of the Guidelines clearlydefines “should” as requiring compliance. This misreading opens the door to incompatible
development and undermines decades of preservation policy.The community is not opposed to growth—but demands it be compatible and lawful. The
NCODexists to protect neighborhood character, and that protection must be upheld.
The NCOD is law. It must be respected.
Gail GettlerBozeman, MT