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Home My WebLink About25653 CBO Official Email 02.19.26Outlook RE: 25653 410 W Garfield SP CCOA From Ben Abbey <Ben.Abbey@bozemanmt.gov> Date Thu 2/19/2026 2:01 PM To Jonathan Fuller <Jonathan.Fuller@bozemanmt.gov>; Chris Saunders <Chris.Saunders@bozemanmt.gov>; Brian Krueger <Brian.Krueger@bozemanmt.gov> Jon, Per the recorded agreement, the Building Code may review the proposed project as a single property. I have consulted a couple of my fellow CBOs, and they have addressed this scenario in their experience and are fully acceptable as long as the information you provided me has been recorded. Hopefully this is what your looking for, thanks Ben Abbey, CBO Chief Building Official Big Sky Country – Montana’s ICC Chapter / Chapter President D: 406.582.2950 | C: 406.581.8294 | O: 406.582.2375 City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 E: ben.abbey@bozemanmt.gov | W: www.bozeman.net/building “Our job is to solve complicated problems, not complicate solved problems.” – B. Fowler, Past ICC President. Building News: Please note that my Governmental Email address has changed. ben.abbey@bozemanmt.gov. The previous email will continue to work for a period. Inspection Cutoff: The cutoff for requesting inspections on the following business day is 4:00 PM. Schedule an inspection at https://www.bozeman.net/departments/community-development/building The current State of Montana adopted building codes are the 2021 International Building Code. https://www.bozeman.net/departments/community-development/building/adopted-codes Montana’s adoption of the 2024 Building Codes is expected in mid-2026. More details as they become available. Upcoming office closures. Please plan inspections for projects accordingly. Memorial Day – 05/25/2026 Juneteenth – 06/19/2026 Independence Day – 07/04/2026 Labor Day – 09/07/2026 2/19/26, 3:25 PM Mail - Jonathan Fuller - Outlook https://outlook.office.com/mail/0/inbox/id/AAQkADc3Yjk0YmY3LTkxM2UtNDlhMy05Zjg5LTgwOTI3YTNhYTUyOAAQAAoz%2Fy6GB04fpObMvMqBrq0…1/4 From: Jonathan Fuller <Jonathan.Fuller@bozemanmt.gov> Sent: Thursday, February 19, 2026 10:29 AM To: Chris Saunders <Chris.Saunders@bozemanmt.gov>; Ben Abbey <Ben.Abbey@bozemanmt.gov>; Brian Krueger <Brian.Krueger@bozemanmt.gov> Subject: RE: 25653 410 W Garfield SP CCOA Hi all, Thank you Chris. With that background knowledge, it appears Planning could go either way with requiring the subdivision exemption depending on whether or not Building is concerned about the existing lot lines. We can write a condition, a code provision more rather, invoking setback standards if Building does want the applicant to pursue something related to the lot lines. Thank you, Jon Fuller Planner I | Community Development City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 O: 406.582.2953 | E: jfuller@bozeman.net | W: www.bozeman.net/planning CUSTOMER SERVICE HOURS (Front Counter @ 20 East Olive, 59715): Open: M,W,F: 9 AM – 4 PM; & T, R: 9 AM – 1 PM From: Chris Saunders <csaunders@BOZEMAN.NET> Sent: Thursday, February 19, 2026 8:33 AM To: Jonathan Fuller <jfuller@BOZEMAN.NET>; Ben Abbey <Ben.Abbey@bozemanmt.gov>; Brian Krueger <BKrueger@BOZEMAN.NET> Subject: RE: 25653 410 W Garfield SP CCOA Jon, This was a site plan I reviewed. The total property is separated into two lot groups divided by an alley right of way. The Lot Merger Agreement was to ensure that the parking located on one lot group remained available for the housing on the other lot group as the parking was needed for code compliance. We didn’t want the parking lot sold off for a separate development. We weren’t concerned about the lines under the existing building since the structure was already in place and had been for a long time. However, the same language addresses both purposes. The agreement should stay in place as the same lot coordination issues remain. As I read it, the City has agreed that the setbacks internal to the property are not applicable and they can build the proposed structure without having to do a subdivision exemption. The exception to that is the locations where the grouped lots abut a right-of-way or adjacent lot owned by someone else. We have many examples of this approach in the older part of town where the original subdivisions created the “lego lots” for future development. Chris S From: Jonathan Fuller <jfuller@BOZEMAN.NET> Sent: Wednesday, February 18, 2026 4:06 PM To: Ben Abbey <Ben.Abbey@bozemanmt.gov>; Chris Saunders <csaunders@BOZEMAN.NET>; Brian Krueger <BKrueger@BOZEMAN.NET> Subject: 25653 410 W Garfield SP CCOA Hi Ben, 2/19/26, 3:25 PM Mail - Jonathan Fuller - Outlook https://outlook.office.com/mail/0/inbox/id/AAQkADc3Yjk0YmY3LTkxM2UtNDlhMy05Zjg5LTgwOTI3YTNhYTUyOAAQAAoz%2Fy6GB04fpObMvMqBrq0…2/4 We discussed this in person for guidance on this application on how we might go about treating the lot lines and commercial structure for a sorority. The applicants have resubmitted now, and as it may pertain to you, there are multiple lot lines the site plan drawings would develop upon. This would include building the commercial structure over lot lines that have existed since the year 1890, and have not officially been aggregated or rearranged. Please see the attached plat for details. The area in question is at the corner of West Garfield and South 4th Avenue, and consists of lots 1-4 of block 34. The lots are each 25 ft in width and 168 ft in length. In 2020, at the time of the last site plan for the parking lot and adjacent sorority building, a “Lot Merger Agreement” was produced. The applicant is claiming that the wording in the agreement’s numbered item 7 precludes the City from applying the lot lines. Item 7 from the agreement is screenshot below: I think there is context for the lot merger agreement that this applies to more so for the past intended purposes than what the new development plans propose now, at least the way I read it. As I research through the older files, I take it that the purpose for the lot agreement may have been more for treating the individual lots as one site for the purposes of keeping the unity of the parcels as they were inherently then depend on one another for planning purposes and potentially other purposes. I imagine this agreement should stay in place, however, I am seeking your direction as to what I can tell the applicant regarding what Building Code would require for this project to proceed. As far as planning is concerned, this agreement never merged the lots and a subdivision exemption application could aggregate (combine) the lots in a manner that would allow for this development to proceed. What is your take from a building perspective? I am including Chris and Brian as they may know more of the situation in case my understanding is lacking both on the past applications and direction moving forward. Here is the original 20170 Delta Gamma Sorority SP folder for reference. Thank you, 2/19/26, 3:25 PM Mail - Jonathan Fuller - Outlook https://outlook.office.com/mail/0/inbox/id/AAQkADc3Yjk0YmY3LTkxM2UtNDlhMy05Zjg5LTgwOTI3YTNhYTUyOAAQAAoz%2Fy6GB04fpObMvMqBrq0…3/4 Jon Fuller Planner I | Community Development City of Bozeman | 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771 O: 406.582.2953 | E: jfuller@bozeman.net | W: www.bozeman.net/planning CUSTOMER SERVICE HOURS (Front Counter @ 20 East Olive, 59715): Open: M,W,F: 9 AM – 4 PM; & T, R: 9 AM – 1 PM 2/19/26, 3:25 PM Mail - Jonathan Fuller - Outlook https://outlook.office.com/mail/0/inbox/id/AAQkADc3Yjk0YmY3LTkxM2UtNDlhMy05Zjg5LTgwOTI3YTNhYTUyOAAQAAoz%2Fy6GB04fpObMvMqBrq0…4/4