HomeMy WebLinkAbout03-31-25 Public Comment - M. Rintelman - Project 24493From:Mary Rintelman
To:Bozeman Public Comment
Subject:[EXTERNAL]Project 24493
Date:Monday, March 31, 2025 10:12:36 AM
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I'm writing as a resident of the downtown area regarding the way the Neighborhood
Conservation Overlay District (NCOD) design guidelines are currently being applied—or inthis case, overlooked. Specifically, I believe Project #24493 should be appealed (Application#25033), and the proposed development known as The Guthrie should be denied.
Let me be clear: these guidelines aren’t suggestions. They’re adopted code, legally binding,
and intended to be enforced as such. The NCOD was established to ensure that developmentwithin its boundaries respects the historic character and scale of our neighborhoods—and that
should still hold true.
What’s especially troubling is the reliance on the boundaries of the Midtown Neighborhood
Association as a reference point. While the association serves an important community role, ithas no legal authority in these matters. The city’s own consultants—Metcalf Archaeological
Consultants—have done thorough architectural surveys (in 2019 and 2020) and clearlyidentify the Karp and Violett Additions as neighborhoods with historic merit and
architectural integrity. These are the areas that should define the “neighborhood context,” notbroader or politically convenient boundaries.
Even more concerning is staff’s repeated claim that the NCOD design guidelines are merelyadvisory. That’s simply not true. Section 38.110.010(B) of the Bozeman Municipal Code
makes it clear that these guidelines are part of the law. Section 38.100.050(A) further clarifiesthat the most restrictive applicable standard must govern—and in this case, that’s the NCOD.
There seems to be some confusion around the word “should” in the guidelines. But theguidelines themselves—specifically in Appendix B—state that if a guideline says “should,”
compliance is required unless the applicant can prove that the core policy is still being met.This flexibility is intentional and useful—but it's not a loophole. It’s meant to support good
design, not sidestep the rules.
Overlay districts like the NCOD are used in cities nationwide to provide stronger protections
in sensitive areas—historic, ecological, or otherwise. They exist to preserve what makes acommunity unique, and they often take precedence over base zoning regulations. Bozeman is
no different. In fact, that’s exactly why the NCOD was created: to safeguard the character ofour historic neighborhoods.
Allowing a project like the Guthrie to proceed based solely on base zoning doesn’t justsidestep these rules—it disregards years of community-driven planning and erodes public
trust.
This isn’t about rejecting growth or change. It’s about doing both thoughtfully, and within the
framework we've agreed on as a community. No one is saying affordable housing ordevelopment is unwelcome. What residents are asking for is consistency, transparency, and
respect for the guidelines that have shaped every other project in the district.
The NCOD isn’t a suggestion. It’s the law. And it should be enforced accordingly.
This kind of loose enforcement makes living in our beautiful downtown area very tenuous. Please provide some stability for all of us.
Sincerely,
Mary Jane Rintelman
Mary Jane Rintelman
Ben Laird
214 S. 7th Ave.
Bozeman, MT 59715
920-366-1912 cell
mjrbl@me.com