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HomeMy WebLinkAbout001 - NCOA Narrative 329 N BROADWAY NCOA July 2026 1 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 2 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 3 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. 4 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. 5 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, 6 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 7 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 8 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 9 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. 10 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 11 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 12 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 13 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 14 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. 15 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 16 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 17 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. 18