HomeMy WebLinkAbout3-05-26 Public Comment - Boeman Tree Coalition
Public Comment on Application 25667
City of Bozeman Department of Community Development
March 5, 2026
Dear Community Development Director,
This letter from the Bozeman Tree Coalition (BTC) is in response to the public notice of
Commercial Certificate of Appropriateness (CCOA) and Demolition Application #25667,
321 N.5th Avenue, which seeks to demolish an existing structure under 38.240.020.K,
demolition of an unsafe structure. The demolition application also seeks to grade the
property to prepare for new construction, which was approved under development
application #24493, The Guthrie APA.
The BTC is not contesting the demolition of the structure itself, but the BTC is
submitting a formal objection to the grading of the property and the included demolition
of other historical features — specifically, the existing mature spruce tree on the
property’s east lawn, and all other mature trees over 6 inches in diameter on the
application property. The BTC’s position is based on the following criteria:
1. The Guthrie (2) #24493 decision by the City Commission is undergoing legal review,
which has not yet been resolved. If the lawsuit overturns the City’s decision to approve
#24493, the approval and its attached site plan will no longer be valid, and a new site
plan will have to be submitted. Although the existing building may be removed because
of safety declarations, the property owner should not yet be allowed to move forward on
the previous approval until the lawsuit has concluded.
2. This CCOA is being reviewed under “38.240.020.K. Demolition or movement of an
unsafe structure whether historic or non-historic.” It further states that upon
“determination that the property is unsafe, the review authority may approve demolition
and subsequent development.” However, BTC opposes this secondary action of
approving “subsequent development” — and the demolition of trees that it calls for —
until the lawsuit of #24493 has concluded and a decision has been delivered. Any action
to grade the property or otherwise destroy healthy mature trees in the Neighborhood
BOZEMANTREECOALITION@GMAIL.COM
Conservation Overlay District (NCOD), which has special policies for trees, would be
premature.
3. Furthermore, in Bozeman’s Guidelines for the NCOD, Chapter 2. Design Guidelines
for all Properties, Section E. Landscape Design, Policy states, “Some mature trees may
also contribute to the historic landscape and should be preserved.” And Guideline 1.
“Preserve and maintain mature trees and significant vegetation within all corridors”
outlines specific direction to give trees over 6 inches in diameter special consideration
for preservation. Because the trees that have been publicly noticed for removal during
the demolition — including the large spruce tree on the east lawn — have not been
deemed unsafe, in poor health, or in the path of demolition, the BTC maintains that City
policy (NCOD Design Guidelines for all Properties) establishes that the trees be left
alive, in place, and maintained in good health until the lawsuit is resolved for #24493.
4. Should the lawsuit be resolved in favor of the aggrieved parties, the east lawn spruce
tree falls into the 6” or greater category for special consideration under the NCOD
design guidelines and is a likely contender for historic preservation under the pending
Heritage Tree program, the Historic Preservation Landmark Program, as well as better
protections under the soon-to-be-updated NCOD Design Guidelines.
In conclusion, based on the criteria listed above, the BTC objects to the secondary
demolition of mature trees and grading of the property under this CCOA and asks the
community development director to not approve CCOA #25667 until it is amended to
exclude the demolition of existing mature trees. The existing mature trees are protected
by the current NCOD Landscape Design Policy and Landscape Guidelines and should
be preserved until the lawsuit against the Guthrie (2) APA #24993 is concluded. If
removed prematurely, the historic and environmental value the trees hold cannot be
replaced.
Thank you for your consideration of our comments.
Bozeman Tree Coalition co-founders
Marcia Kaveney
Daniel Carty
Angie Kociolek
April Craighead
Lara Schulz
Chris McQueary