HomeMy WebLinkAbout04-01-25 Public Comment - D. Egnatz - Public Comment on The Guthrie – April 1 MeetingFrom:Diane Sheehan Egnatz
To:Bozeman Public Comment
Subject:[EXTERNAL]Public Comment on The Guthrie – April 1 Meeting
Date:Monday, March 31, 2025 6:58:28 PM
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To the City Commission,
I am writing to express my support of the appeal of Bozeman Home Advocacy Group, LLC on
application 24493. Part of what makes our community so desirable, both as a place to live andas a tourism destination, is the historic character of our core neighborhoods. I think it's
essential to preserve this character. That's not to say that all new buildings should be replicasof the existing structures but care & thought needs to be taken to ensure new developments
enhance the character that already exists. Luckily, we already have adopted city code toenable the City to enforce this: the Neighborhood Conservation Overlay District (NCOD).
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,
themost restrictive requirements govern. This means the NCOD Guidelines supersede base
zoning.
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
misinterpretationof the term “should” and intentionally designed flexibility built into the NCOD Design
Guidelines. However, the Guidelines themselves clarify in Appendix B: “If the 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 bemet.
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.
So many times, we've heard from city staff that their "hands are tied" due to the UDC
requirements in approving an application. The narrative is always that we HAVE to acceptthese out of scale buildings in our neighborhoods because we don't have the zoning
regulations to stop them. In this instance, we DO have the regulations. I'd love to get to aplace where most residents believe the City is working FOR them- denying this application is
one small step towards that goal.
Sincerely,Diane Sheehan Egnatz
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Diane Sheehan Egnatz339-206-4459