HomeMy WebLinkAbout03-31-25 Public Comment - S. Annarella - Guthrie Appeal - please upholdFrom:Sarah Annarella
To:Bozeman Public Comment
Subject:[EXTERNAL]Guthrie Appeal - please uphold
Date:Monday, March 31, 2025 7:40:11 AM
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To Whom It May Concern,
I live near the Canyon Gate development and I was so disheartened by the non-enforcement ofCode in the initial plat and and the early part of development. I felt the city was bending over
backwards to please the developers with no care for the neighborhood. The only publiccomment for that project that was positive came from Homebase staff posing as the public.
I am writing to emphasize that the Neighborhood Conservation Overlay District (NCOD) isnot merely advisory—it is adopted city code, and its Design Guidelines are mandatory for all
development within its boundaries. Misrepresenting this legal framework undermines decadesof 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 there is a conflict between code provisions,
the most restrictive requirements govern. This means the NCOD Guidelines supersede basezoning—period.
The city’s claim that the Guidelines are non-compulsory contradicts decades of enforcementprecedent and Bozeman Municipal Code. Staff’s argument appears rooted in a
misinterpretation of the term “should” and intentionally designed flexibility built into theNCOD Design Guidelines. However, the Guidelines themselves clarify in Appendix B: “Ifthe term ‘should’ appears in a design guideline, 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 disregardcodified guidelines—doing so is not only an administrative overreach, 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 dwarfssurrounding 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 is not
optional. It is binding law, and it must be enforced as such.
Sincerely,
Sarah Annarella
1468 Maiden Spirit St.
Bozeman MT