HomeMy WebLinkAbout06-10-25 Public Comment - R. Brey - NCOD discussionsFrom:Ron Brey
To:Bozeman Public Comment
Subject:[EXTERNAL]NCOD discussions
Date:Tuesday, June 10, 2025 10:23:36 AM
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Mayor Cunningham and Commissioners:
I am writing to encourage you to adopt the suggested 6 month moratorium on large
buildings within the NCOD. The review process is in some disarray after the Mayor’s
unilateral determination that nothing in the NCOD is compulsory.
In addition to ignoring decades of required compliance which entailed additional expense
and project delays to homeowners, the Mayor’s finding creates confusion concerning the
following language in the City’s online NCOD guidance documents.
First, a $220 application fee is required for a COA in the NCOD.
There are two pages of submittal requirements for a residential COA. An online document
entitled BOZEMAN GUIDELINES FOR HISTORIC PRESERVATION & THE
NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT updated in 2015 states: ”Property owners are
strongly encouraged to engage licensed architects and other design and planning
professionals to assist them in developing their concepts. Doing so may facilitate a quick
review process.” Over time, this expense, while helpful, has become necessary for most
projects.
Projects seeking deviations, such as recently approved controversial projects, confront the
following language in the application form:
“ a. Modifications must be more historically appropriate for the building and site in question
and the adjacent properties, as determined in Section 38.340.050 BMC than would be
achieved under a literal enforcement of this chapter; b. Modifications will have minimal
adverse effect on abutting properties or the permitted uses thereof; and c. Modifications
must assure the protection of the public health, safety and general welfare. Approvals may
be conditioned to assure such protection, and such conditions may include a time period
within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications, or any other conditions in
conformity with the intent and purpose set forth in this part 1.”
It’s difficult to understand how this is viewed as not being compulsory. However, since that
has been determined by the mayor to be the case, it seems that a moratorium is necessary
if only to bring the code language into conformity with practice.. If the non compulsory
determination is allowed to stand, no purpose is served by two pages of application
materials, additional application fees, added staff review and project delays, and the
retention of design professionals when the handing out of a suggestion sheet would suffice.
Please adopt the moratorium to give yourselves time to thoughtfully sort out this and other
issues with the NCOD before any more permanent damage is done.
Thanks.
Ron Brey