HomeMy WebLinkAbout03-31-25 Public Comment - L. Caine - The Guthrie hearing public commentFrom:Lyndy Caine
To:Bozeman Public Comment
Subject:[EXTERNAL]The Guthrie hearing public comment
Date:Monday, March 31, 2025 12:50:17 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
the most restrictive standards—such as those in the NCOD—govern when conflicts with basezoning arise.
Yet staff reports continue to misstate regulatory framework. The site of the proposed Guthrie
is 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. TheNCOD exists to protect neighborhood character, and that protection must be upheld.
The NCOD is law. It must be respected.
Sincerely,
Lyndy Caine
March 31, 2025