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HomeMy WebLinkAbout03-31-25 Public Comment - S. Loen - Guthrie appealFrom:Sarah Loen To:Bozeman Public Comment Subject:[EXTERNAL]Guthrie appeal Date:Monday, March 31, 2025 11:12:01 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 write to underscore a critical fact: Bozeman’s Neighborhood Conservation Overlay District (NCOD) and its Design Guidelines are mandatory city code, not advisory. Any development within its boundaries—such as the proposed project the Guthrie—must comply with these standards. The city’s own code, under Section38.110.010(B), adopts the NCOD Guidelines by reference, making them legallyenforceable. Further, Section 38.100.050(A) clarifies that the most restrictive standards—such as those in the NCOD—govern when conflicts with base zoning 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 the Design Guidelines must apply in determining if aCertificate 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 theGuidelines clearly defines “should” as requiring compliance. This misreadingopens the door to incompatible development and undermines decades of preservation policy. The community is not opposed to growth—but demands it be compatible andlawful. The NCOD exists to protect neighborhood character, and that protection must be upheld. The NCOD is law. It must be respected. Sincerely, Sarah Loen 3/31/25