HomeMy WebLinkAbout001 - NCOA Narrative 329 N BROADWAY NCOA
July 2026
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TABLE OF CONTENTS
A. NCOA Checklist and Fees
B. Project Team
C. Project Overview
I. Project Narrative
II. Commercial Certificate of Appropriateness Items
III. Deviations
Part 1: Setbacks
Part 2: Parking
Part 3: Accessory Building Location
D. Appendices
A. Property Record Form
B. Site Photos
C. Existing Conditions
D. Reconfigured Lot Layout
E. Lot Coverage Requirements
F. Open Space Requirements
A. NCOA CHECKLIST AND FEES
Attached please find the NCOA Checklists for the 329 N Broadway Project
Neighborhood Certificate of Appropriateness. The calculated fee totals $1,185.00 as
outlined below.
COMPONEN
T
FEE QUANTIT
Y
TOTAL
NCOA Fee $255.00 1 $255.00
Zoning
Deviation
$465.00 2 $930.00
TOTAL $1,185.00
B. Project Team
OWNER Kristen Rainey
& APPLICANT kristen@kristenrainey.com
329 N Broadway
Bozeman, MT 59715
P: (503) 928-1500
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C. Project Overview
I. Project Narrative
This project is located at 329 N Broadway Avenue, an approximately 8,908-square-foot
property within the Residential-A District (R-A), currently comprised of Lots 1–3 within
Block 45 of the Northern Pacific Addition. The proposed scope of work is purely
administrative: to change the use of the existing two-story structure on the western
portion of the property from a secondary residence (Accessory Dwelling Unit) to a
primary structure in preparation for a future subdivision exemption application. No
physical modifications, or demolitions are proposed on-site. This submittal formally
documents the site's existing structures, addressing their respective setbacks and
parking non-conformities under current codes, to establish baseline compliance.
The property features three distinct structures that reflect the historical evolution and
eclectic nature of the property and neighborhood. On the eastern portion sits a
residential structure (duplex) constructed in 1914, which stands as an over 100-year-old
primary residence. Located on the northwest corner of the lot is a historic brick
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outbuilding that is also over a century old; though the exact date of construction is
unknown, it was likely built before the duplex and contributes uniquely to the
neighborhood fabric. Finally, the western portion of the site features the newest
addition: a single-bedroom, two-story dwelling completed in 2023. Originally permitted
as an Accessory Dwelling Unit (ADU), this structure is the subject of the formal
change-of-use request to transition it into an independent principal residence.
This application aims to establish and recognize the existing non-conformities through
the deviation process, which will help facilitate a future subdivision exemption
application.
Pursuant to BMC 38.260.060, the property features long-standing setback
non-conformities established before zoning policies. These include the 1914 duplex
encroaching on the northern side street setback and the century-old brick outbuilding
sitting outside the setbacks on the northern and western sides of the site, as shown in
Appendix C. Following the proposed lot reconfiguration, these historic footprints will
remain, though drawing the new line technically shifts the 2023 structure’s southern
boundary from a 5-foot side setback to a 10-foot rear yard setback shown in Appendix
D. A literal enforcement of the rules would counterproductively mandate the partial
demolition or destruction of the irreplaceable grandfathered structures just to achieve
modern compliance. Allowing these structures to remain preserves the authentic local
heritage and traditional spatial rhythm of the neighborhood block while generating no
adverse impacts.
Pursuant to BMC 38.530, the property's current uses require 2 parking spaces total.
This includes the 1 bedroom duplex units requiring 1 space each and the ADU carrying
a 0-space requirement. Under a new lot configuration, where the ADU transitions to a
standalone primary residence, the current* code requires the property have 3 parking
spaces total. The single-bedroom primary residence (formerly ADU) remains fully
compliant by utilizing its existing ground-level parking space, whereas the 1914 duplex
continues to operate with zero legal code conforming parking.
*The UDC parking requirements will change as of October 2026, after which these
existing units will no longer be non-conforming, and this will be a moot point.
Fridley Street is unique. There are currently no curbs, gutters, or sidewalks on this short
street. In conversations with the City Review Engineer Cody Flammond, it has been
confirmed that installing a new sidewalk, curb, or gutter is not required by the
Engineering Division to proceed with the lot reconfiguration.
The property is currently serviced by one water and sewer line. An easement is
proposed on the south side of the lot to ensure after the reconfiguration, both lots have
adequate access to this shared infrastructure. The easement, shown on in Appendix C,
optimizes existing infrastructure to minimize impacts on the site.
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Lastly, the site will continue to comply with the Amenity Space Standards. No changes
to the amenity spaces will be required to maintain compliance through the change of
use or lot reconfiguration.
In summary, this Neighborhood Certificate of Appropriateness (NCOA) application
requests a change of use to elevate the existing ADU to a primary residence in
preparation for a subsequent subdivision exemption application. This application
includes the documentation and permitting of existing non-conformities through the
deviation process. By formalizing these long-standing neighborhood layout boundaries
on paper, the project aims to preserve irreplaceable local heritage assets, protects
functional outdoor amenity spaces, and satisfies all applicable Unified Development
Standards.
II. NCOA Checklist Items
1. If demolition is proposed, provide a complete submittal with checklist items in
form DEM.
Applicant Response: There is no demolition proposed in this application. It serves to
document non-conformities and establishes a change of use.
2. Date of construction of structure if known.
Applicant Response: 329 N Broadway features three distinct structures. First, on the
northwest corner of the lot sits a historic brick outbuilding that is over a century old;
although its exact construction date is unrecorded, it was likely built before the duplex.
Second, the residential structure (duplex) located on the eastern portion of the property
was constructed in 1914. Finally, on the western portion of the site sits the newest
addition: a single-bedroom, two-story structure completed in 2023. Although this
structure was originally built as an Accessory Dwelling Unit (ADU), this application
proposes to change its use to a primary dwelling unit to facilitate a future lot
reconfiguration.
3. Property record form, both original and updated, found on the Historic
Preservation website.
Applicant Response: Please see the original property record form in Appendix A .
4. The project narrative providing a thorough description of what is being
proposed including a list of all alterations/changes proposed on the property.
Applicant Response: Please see the previous Section I for the project narrative,
which outlines the proposed changes.
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5. Historical information such as pictures, plans, authenticated verbal records
and similar research documentation that may be relevant to the proposed
changes to the property.
Applicant Response: This application is to change the use of the ADU to a primary
dwelling unit and document non-conformities. There is no construction proposed with
this application. Please see Appendix A for the historic property records, Appendix B
for current site photos, Appendix C for the existing site plan, and Appendix D for the
reconfigured lot layout. These documents illustrate existing conditions on the site as
well as the proposed changes associated with the lot’s reconfiguration.
6. One current picture of each elevation of each structure planned to be altered
that will clearly express the nature and extent of the changes planned. All
pictures should include elevation direction and relevant information on the
proposed changes.
Applicant Response: No alterations are proposed to any structure on the site in this
application. Current photos of each structure are provided in Appendix B .
7. Include a separate site plan displaying existing conditions such as lot
boundaries, dimensions, setbacks, existing easements, access points,
vehicular and pedestrian circulation, buildings, natural features, and
topography.
Applicant Response: Please see Appendix C for the existing conditions site plan and
survey.
8. Site plan depending on project complexity with north arrow, property
dimensions, location of buildings, parking, driveways, fencing, landscaping,
setbacks, utilities, access, pedestrian facilities, and location of changes
proposed.
Applicant Response: No construction is proposed with this application. It is merely to
change the use of the ADU to a primary dwelling unit, which will facilitate a future lot
reconfiguration. Please see Appendix D for this draft configuration.
9. Front, rear, and side elevations of all buildings, structures, fences, and all wall
plates with height dimensions and roof pitches if new construction or changes
to elevations are proposed. Show existing and proposed changes.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
10. Lot coverage required by Lot standards in Article 2 by zoning district and
defined in BMC 38.260.040.A for new infill construction of dwellings,
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accessory dwelling units, accessory buildings, and large major building
additions.
Applicant Response: The R-A zone permits a maximum building coverage of 40%.
The coverage data for the site is included in Appendix E , which outlines both the
existing lot layout coverage and the reconfigured lot layout coverage. As detailed below,
both the existing configuration and the reconfigured lots remain well below the 40%
maximum coverage threshold.
Existing Lot Coverage:
o Zone: R-A
o Maximum Coverage: 40%
o Total Lot Area: 8,908 sq. ft.
o Total Coverage Area: 2,199 sq. ft.
o Coverage: 24.7%
Future Reconfigured Lot Coverage:
● Lot 1 (Two-Story House, formerly the ADU):
o Zone: R-A
o Maximum Coverage: 40%
o Total Lot Area: 3,000 sq. ft.
o Total Coverage Area: 851 sq. ft.
o Resulting Coverage: 28.4%
● Lot 2 (Residential Duplex):
o Zone: R-A
o Maximum Coverage: 40%
o Total Lot Area: 5,908 sq. ft.
o Total Coverage Area: 1,278 sq. ft.
o Resulting Coverage: 21.6%
11. Open space required by Lot standards in Article 2 and defined in BMC
38.260.040.B for new infill construction of dwellings, accessory dwelling units,
accessory buildings, and large major building additions.
Applicant Response: Please note there is no construction proposed with this
application. See Appendix F for the exact sizes and locations of my current open
space configuration and the proposed open space boundaries following the change of
use and lot reconfiguration. The specific breakdowns for both configurations are
detailed below:
Existing Lot Layout:
o Zone: R-A
o Duplex (1-Bed Each): 200 SF Required
o ADU (1-Bed): 100 SF Required
o Total: 400 SF Required
o Total Provided: 840 SF
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Future Reconfigured Lot Layout:
o Zone: R-A
o Lot 1, Duplex (1-Bed Each): 200 SF Required
o Total Provided: 420 SF
o Lot 2, Primary Dwelling Unit (1-Bed): 100 SF Required
o Total Provided: 420 SF
12. Building elevations shall include proposed exterior building materials,
windows, and doors, including a color and building material palette for all
proposed features keyed to the building elevations.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
13. One exhibit/illustration shall include all the internal and external elements of a
structure to be removed or altered by a project. All elements to be removed or
altered shall be clearly identified and include elements to be removed and
reinstalled.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
14. For a new infill dwelling/structure, provide additional information to
demonstrate how the new structure fits within the context of the existing
neighborhood. This shall include a streetscape study of the proposed
structure within the context of the block face, a discussion of how the style
and materials relate to the existing environment, and how the project complies
with applicable NCOD guidelines.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
15. For any non-conforming structure, an analysis of demolition to determine
whether the threshold for loss of protected non-conforming status per BMC
38.790.040.B has been met or surpassed.
Applicant Response: There is no demolition or physical modification of any structures
within this application; therefore, the threshold for the loss of protected non-conforming
status under BMC 38.790.040.B has neither been met nor surpassed, and all existing
protections remain completely intact. The property contains multiple historical, legally
non-conforming structures that exist because the buildings were established before
municipal zoning ordinances were in place. Specifically, the oldest structure, a historic
brick masonry outbuilding, sits outside the setbacks on the northern and western sides
of the site. Additionally, the residential duplex, constructed in 1914, encroaches on the
northern street setback and has historically operated with zero on-site parking. Finally,
the two-story structure completed in 2023 complies with all standard boundaries as an
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ADU. Because this application is purely administrative and the built environment
remains completely unchanged, these historical structures maintain their protected
non-conforming status.
16. Cutsheets or brochure pages for proposed windows, doors, exterior lighting,
or other detailed alterations if building elevations are not detailed enough to
depict features accurately.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
17. Floor plans showing floor layout, including square footage and proposed use
for each room and area within the building, clearly showing areas to be
changed or added to. Suggested scale of ¼ to 1 foot.
Applicant Response: This section is not applicable because no changes to the
structures are being proposed.
18. Parking plan and calculation for all uses, if proposed changes to the property
require review of parking requirements.
Applicant Response: This application requests a purely administrative change of use
to designate the existing Accessory Dwelling Unit (ADU) as a detached primary
residence in anticipation of a subsequent subdivision exemption application, leaving the
built environment entirely unaltered. Currently, the property operates under a lawful
non-conforming status; the 1914 residential duplex requires 3 off-street parking spaces
(1 per unit) but historically features zero code conforming spaces, while the modern
ADU requires 0 spaces. Under the proposed lot reconfiguration and change of use, the
single-bedroom principal residence (formerly ADU) remains fully compliant by utilizing
the garage space to satisfy its 1-space mandate and the duplex remains
non-conforming. To preserve the historic layout of the site this application requests a
deviation to permit this non-conforming condition as parking requirements did not exist
at the time of these buildings were constructed and come October 2026 changes to the
parking code will make this a moot point.
19. A schedule of planned actions that will lead to the completed alterations.
Applicant Response: Following the approval of this NCOA change of use application,
a subdivision exemption will be applied for to reconfigure the existing lot lines. Please
note that no alterations to the structures are being proposed.
III. Deviations
Part 1: Setbacks
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This application requests a deviation from setbacks standards to address pre-existing
historical encroachments and technical boundary shifts at 329 N Broadway Avenue.
Because the structures on the lot were established before municipal zoning ordinances
were enacted, several building footprints sit outside the required setbacks. Specifically,
the over 100-year-old historic brick masonry outbuilding encroaches on the northern
and western setbacks, and the residential duplex (constructed in 1914) sits outside the
northern side street setback boundary. Furthermore, the proposed lot reconfiguration
will technically adjust the southern setback requirement for the 2023 structure from a
5-foot side setback to a 10-foot rear yard setback, creating a new rear yard setback on
paper for that newly formed lot. No physical construction is proposed with this
application, and the structure already exists so there will be no changes to the
conditions on the lot. Maintaining these setback deviations will preserve the property’s
authentic historic structures and protect the traditional spatial rhythm of the local
streetscape.
Deviation Review Criteria
1. If the proposal is being processed independent of a site plan application, then
this application shall be accompanied by written and graphic material
sufficient to illustrate the conditions that the modified standards will produce.
Applicant Response: This change-of-use proposal is submitted independently of a
formal site plan application. Accordingly, the submittal is accompanied by
comprehensive written narratives and detailed graphic materials, including the existing
conditions site plan found in Appendix C and the proposed lot reconfiguration site plan
in Appendix D . These application documents clearly illustrate the property boundaries
and setback conditions that the proposed change of use and lot reconfiguration will
produce.
2. Either through the site plan requirement above or a separate exhibit clearly
showing any proposed deviations related to site requirements such as
setbacks, lot coverage, or other applicable standards.
Applicant Response: An existing conditions site plan is included in Appendix C and a
proposed lot reconfiguration plan in Appendix D to clearly display all setback
non-conformities on the property. These parameters consist of the 1914 residential
duplex encroaching on the northern side street setback and the historic brick masonry
outbuilding sitting outside standard boundaries on the northern and western sides.
Furthermore, the proposed lot reconfiguration dictates an adjustment of the 2023
structure's southern footprint from a 5-foot side setback to a 10-foot rear yard setback
framework, creating an additional technical setback deviation for the structure.
3. Either through the building elevation requirement above or a separate exhibit
clearly show any proposed deviations related to building construction, such
as height, second-story additions, or other applicable standards.
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Applicant Response: This section is not applicable to this application. No deviations
related to building construction are proposed.
4. A deviation, BMC 38.710.080.A.1.h, narrative shall be added to the project
narrative stating which section(s) of the BMC are proposed for deviation, to
what extent, and include a response to the following:
Applicant Response: This application directly addresses existing site non-conformities
and code deviations, ensuring that this administrative transition does not physically
expand or accentuate them. Pursuant to BMC 38.260.060 , the property features
long-standing setback non-conformities established before zoning policies were
enacted. These include the 1914 duplex encroaching on the northern side street
setback and the century-old brick outbuilding encroaching on the northern and western
setbacks, as shown in Appendix C . Following the proposed lot reconfiguration, the
2023 structure’s southern setback technically shifts from a 5-foot side setback to a
10-foot rear yard setback, as shown in Appendix D . Because this administrative
transition introduces absolutely no changes to the physical environment and leaves the
existing building completely untouched, formalizing these setback modifications on
paper is significantly more historically appropriate for the site. Allowing these structures
to remain intact preserves the historic character and rhythm of the neighborhood while
generating zero adverse impacts.
5. Modifications must be more historically appropriate for the building and site in
question and the adjacent properties, as determined in BMC 38.240.020.G,
than would be achieved under a literal enforcement of this chapter;
a. Modifications will have minimal adverse effect on abutting properties or
the permitted uses thereof; and
Applicant Response: The property currently maintains long-standing setback
non-conformities that pre-date zoning ordinances, including the 1914 duplex
encroaching into the northern side street setback and the century-old brick outbuilding
sitting outside northern and western setbacks. Following the proposed lot
reconfiguration, the 2023 structure’s southern setback will technically shift from a 5-foot
side setback to a 10-foot rear yard setback. This application introduces absolutely no
changes to the physical environment and leaves the existing buildings completely
untouched. Formalizing these setback modifications on paper is significantly more
historically appropriate under BMC 38.240.020.G. Furthermore, because the existing
built layout remains identical to its historical footprint, these paper-only modifications will
generate zero adverse impacts on abutting properties, neighborhood structures, or
permitted land uses.
6. 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
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landscape design modifications, or any other conditions in conformity with
the intent and purpose set forth in BMC 38.240.020.A.
Applicant Response: The requested change of use and setback modifications fully
assure the protection of public health, safety, and general welfare by maintaining a
stable, long-established neighborhood layout without introducing any new development
hazards or safety risks. There is no physical construction, structural additions, or
landscaping alterations within this application. These structures exist today and are not
impacting the public health safety and general welfare as specified in BMC
38.240.020.A . This is solely a change on paper.
Part 2: Parking
A deviation from standard off-street parking requirements is requested to reconcile the
historical layout of the property and existing non-conformities. Under the property's
present layout, the municipal code mandates a 2-space parking requirement based on
the two existing units of the 1914 duplex (requiring 1 space each) and the ADU (which
carries a 0-space requirement). Following the proposed change of use, the current
municipal code would require 3 parking spaces, as the duplex lot continues to require 2
spaces and the transitioned single-bedroom primary home requires 1 space. While the
single-bedroom structure is fully compliant by utilizing its single existing ground-level
parking space, the 1914 duplex has historically operated with zero on-site parking
spaces since its inception. This deviation request is a temporary measure as the UDC
requirement change in October of 2026 making this requirement moot.
Deviation Review Criteria
1. If the proposal is being processed independent of a site plan application, then
this application shall be accompanied by written and graphic material
su ffi cient to illustrate the conditions that the modified standards will produce.
Applicant Response: This change-of-use proposal is independent of a formal site plan
application. Accordingly, parking layout descriptions are included within the application
materials to fully communicate how the modified standards affect the parking space
requirements and conditions. The existing site plan and survey in Appendix C illustrate
the location of the parking spaces on the site.
2. Either through the site plan requirement above or a separate exhibit clearly
showing any proposed deviations related to site requirements such as
setbacks, lot coverage, or other applicable standards.
Applicant Response: This application clearly documents the site's parking
non-conformities through written analysis and general layout exhibits. Under the
property's present layout, the municipal code technically mandates a 2-space parking
requirement based on the two existing duplex units (requiring 1 space each) and the
ADU (which currently requires 0 spaces). In contrast, under the new lot reconfiguration
layout where the ADU changes its use to a primary residence, the current municipal
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code evaluates the property at 3 total required parking spaces. The single-bedroom
primary residence remains fully compliant under this new framework by utilizing its
single existing ground-level parking space, whereas the residential duplex historically
continues to operate with zero on-site parking. The existing site plan and survey in
Appendix C illustrate the location of the parking spaces on the site. This deviation
request is a temporary measure as the UDC requirement change in October of 2026
making this requirement moot.
3. Either through the building elevation requirement above or a separate exhibit
clearly show any proposed deviations related to building construction, such
as height, second-story additions, or other applicable standards.
Applicant Response: This section is not applicable to this application. No deviations
related to building construction are proposed.
4. A deviation, BMC 38.710.080.A.1.h, narrative shall be added to the project
narrative stating which section(s) of the BMC are proposed for deviation, to
what extent, and include a response to the following:
Applicant Response: This application directly addresses existing site non-conformities.
In addressing historical parking non-conformities under code Sec. 38.530 , the property's
present layout carries a 2-space requirement based on the two existing duplex units
needing 1 spaces each and the ADU carrying a 0-space requirement. In contrast, under
the new lot reconfiguration layout where the ADU transitions to a standalone primary
residence, the current municipal code evaluates the property at 3 total required parking
spaces between the two lots. The single-bedroom primary residence remains fully
compliant by utilizing its existing ground-level parking space, whereas the 1914 duplex
historically continues to operate with zero on-site parking. Allowing this existing
deviation to stand directly maintains the lot's open character and protects the valuable
shared outdoor common amenity spaces currently enjoyed by the residents. Most
importantly, the updated Unified Development Code which takes effect this October will
completely eliminate all on-site residential parking mandates for these structures,
achieving compliance without disrupting the site's historic layout.
5. Modifications must be more historically appropriate for the building and site in
question and the adjacent properties, as determined in BMC 38.240.020.G,
than would be achieved under a literal enforcement of this chapter;
a. Modifications will have minimal adverse effect on abutting properties or
the permitted uses thereof; and
Applicant Response: Allowing the 1914 residential duplex to maintain its historical
layout without introducing new on-site parking spaces is significantly more historically
appropriate than a literal code enforcement under BMC 38.240.020.G. Forcing the
physical creation of four additional paved vehicular stalls may not be possible given the
site dimensions, existing structures, and open spaces. Avoiding these paved parking
insertions allows the property's valuable shared outdoor amenity spaces and open site
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character to be fully preserved for the residents. Because this neighborhood
configuration has functioned successfully for over a century, formally recognizing the
zero-parking layout on paper will generate zero physical changes or adverse effects on
abutting properties or permitted land uses.
6. 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 BMC 38.240.020.A.
Applicant Response: No physical construction is proposed with this application. The
existing conditions on the site today fully assure the protection of public health, safety,
and general welfare. Furthermore, the updated Unified Development Code which takes
effect this October will completely eliminate all on-site parking mandates for these
structures, ensuring the site achieves permanent, full regulatory compliance without
disrupting its historic layout.
Part 3: Accessory Structure Location
This application requests a deviation from BMC 38.320.120.A.2 to allow an existing
historic brick accessory structure on the western lot to remain between the reconfigured
front lot line (future Fridley street address) and the front facade of the principal dwelling
following the proposed lot line adjustment.
The accessory structure has existed in its current location for more than a century and
is an established component of the historic development pattern of the property.
Importantly, the proposed application does not involve the construction, relocation,
enlargement, reconstruction, or modification of the accessory structure. The building will
remain exactly where it exists today.
The requested deviation is necessary because the proposed lot line adjustment
changes the technical classification of the parcel's lot lines. As a result, a structure that
has long existed as part of the established site arrangement becomes noncompliant
solely due to a change in legal boundary configuration rather than any change to the
built environment. In practical terms, the proposed application alters legal lot boundaries
and lot-line designations but does not alter the physical relationship of any structure to a
street, neighboring property, public facility, or other site improvement.
The proposed lot line adjustment does not create a new physical condition on the site,
nor does it make the property more nonconforming in any practical sense. The
accessory structure will occupy the same location before and after approval of the lot
line adjustment. Its relationship to the principal dwelling, surrounding properties, public
streets, and other site improvements will remain unchanged. The requested deviation is
therefore necessary only because the proposed reconfiguration alters the legal
designation of the property's front, side, and rear lot lines. In effect, a century-old
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structure becomes technically noncompliant on paper despite no change occurring on
the ground.
Requiring relocation or removal of the accessory structure under these circumstances
would create a substantial impact to an established historic site feature without
providing a corresponding public benefit. The purpose of the accessory structure
location standard is to guide the placement of structures and ensure appropriate site
design. That purpose is not implicated here because no new structure placement is
proposed and no site conditions are changing. Approval of the deviation simply
recognizes the continued existence of an established historic structure while allowing a
minor lot reconfiguration that creates no measurable impact on neighboring properties,
public infrastructure, public safety, or neighborhood character.
Deviation Review Criteria
1. If the proposal is being processed independent of a site plan application, then
this application shall be accompanied by written and graphic material
sufficient to illustrate the conditions that the modified standards will produce.
Applicant Response: This change-of-use proposal is submitted independently of a
formal site plan application. The existing conditions site plan in Appendix C and the
proposed lot reconfiguration site plan in Appendix D show the location of the historic
brick accessory structure, the existing principal structures, the current lot boundaries,
and the proposed lot boundaries. Together, these materials illustrate the condition that
will result from the requested deviation.
2. Either through the site plan requirement above or a separate exhibit clearly
showing any proposed deviations related to site requirements such as
setbacks, lot coverage, or other applicable standards.
Applicant Response: Appendix D identifies the proposed lot line configuration and
shows that the existing historic brick accessory structure will be located between the
reconfigured front lot line and the front facade of the principal dwelling on the western
lot. No portion of the accessory structure or either principal structure will be relocated or
expanded.
3. Either through the building elevation requirement above or a separate exhibit
clearly show any proposed deviations related to building construction, such
as height, second-story additions, or other applicable standards.
Applicant Response: This section is not applicable to this application. The requested
deviation relates only to the location of an existing accessory structure following the
proposed lot line adjustment. No deviations related to new building construction,
building height, additions, or exterior alterations are proposed.
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4. - A deviation, BMC 38.710.080.A.1.h, narrative shall be added to the project
narrative stating which section(s) of the BMC are proposed for deviation, to
what extent, and include a response to the following:
Applicant Response: Pursuant to BMC 38.240.020.G, this application requests a
deviation from BMC 38.320.120.A.2 to allow the existing historic brick accessory
structure to remain between the reconfigured front lot line and the front facade of the
principal dwelling on the western lot. The deviation applies only to the accessory
structure's location after the proposed lot line adjustment. No physical modification,
relocation, enlargement, or change in use of the accessory structure is proposed. The
condition is created solely by adjusting the lot boundary and the resulting
reclassification of the front, side, and rear lot lines.
5. Modifications must be more historically appropriate for the building and site in
question and the adjacent properties, as determined in BMC 38.240.020.G,
than would be achieved under a literal enforcement of this chapter;
a. Modifications will have minimal adverse effect on abutting properties or
the permitted uses thereof; and
Applicant Response: Allowing the existing accessory structure to remain in its current
location is more historically appropriate than literal enforcement of BMC 38.320.120.A.2
because it preserves an established historic feature and longstanding site arrangement
that has existed for generations.
The historic brick accessory structure predates modern development regulations and
has been an integral component of the property for more than a century. The proposed
lot line adjustment does not alter the structure or its relationship to surrounding
development. Rather, the adjustment changes the legal configuration of the lot and the
technical designation of the front, side, and rear property lines. As a result, the need for
a deviation is created by a change in legal boundaries rather than any physical change
to the site itself.
The proposed lot line adjustment does not create a new physical condition on the site,
nor does it make the property more nonconforming in any practical sense. The
accessory structure will occupy the same location before and after approval of the lot
line adjustment. Its relationship to the principal dwelling, neighboring properties, public
streets, and other site improvements will remain unchanged. The requested deviation is
necessary only because the proposed reconfiguration alters the legal designation of the
property's lot lines. In effect, a century-old structure becomes technically noncompliant
on paper despite no change occurring in the field.
The requested deviation should not be viewed as permission to establish a new
accessory structure in this location. Rather, it is recognition of an existing historic
condition that has been part of the property for over a century and would continue to
exist regardless of the lot line adjustment. Denial of the deviation would not correct an
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existing development concern but would instead require alteration of a historic site
feature solely because a property line has been relocated.
Literal enforcement of BMC 38.320.120.A.2 under these circumstances would require
the removal or relocation of a historic structure that has coexisted with neighboring
properties for generations despite the fact that the application does not introduce any
new development impacts. Such a result would provide little or no public benefit
because the purpose of the standard is to regulate the placement of structures and
ensure appropriate site design. That purpose is not implicated by this request because
no new structure is being placed and no site conditions are changing.
The requested deviation therefore represents the more historically appropriate solution
because it preserves the established site layout, maintains the property's historic
character, and avoids unnecessary alteration of historic resources.
The modification will have minimal adverse effect on abutting properties and permitted
uses. No construction, expansion, increase in building mass, change in use, increase in
occupancy, reduction in access, or modification of the structure's physical relationship to
adjoining properties is proposed. Neighboring properties will experience the same site
conditions that exist today. The only change resulting from the application is the location
of a property line on a recorded plat, while the accessory structure itself remains
unchanged.
6. 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 BMC 38.240.020.A.
Applicant Response: The requested deviation protects public health, safety, and
general welfare because it does not alter existing site conditions in any material way. No
buildings are being constructed, expanded, relocated, or demolished. Existing access,
circulation patterns, emergency access, utilities, drainage facilities, landscaping, and
building relationships will remain unchanged.
The existing accessory structure has occupied its current location for more than a
century without creating impacts to public health, safety, or welfare. The proposed lot
line adjustment does not intensify the use of the property, increase occupancy, reduce
life-safety protections, or create any new operational impacts. The same structure will
continue to occupy the same location under the same conditions that exist today.
Approval of the deviation avoids the unnecessary relocation or demolition of a historic
structure while maintaining a stable and longstanding site condition. Because the
request merely recognizes an existing structure following a legal reconfiguration of lot
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lines, rather than authorizing new development, the deviation creates no adverse
impacts and remains consistent with the purposes and intent of BMC 38.240.020.A.
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