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HomeMy WebLinkAbout26401 Review Letter - Initial DeterminationNovember 5, 2026 Transmitted via ProjectDox Only Kristen Rainey kristen@kristnenrainey.com RE: 329 N Broadway Ave NCOA, Application 26401 Dear Applicant, The Bozeman Department of Community Development has determined that the application contains all information and materials necessary to complete review of your Neighborhood Certificate of Appropriateness (NCOA) application for the project referenced above as set forth in Chapter 38, Bozeman Municipal Code and Title 76, Chapter 25, Montana Code annotated. The application requests approval for the following alterations to the site addressed as 329 North Broadway Avenue. Receive approval for a future lot layout requiring Subdivision Exemption review Approving layout for utilities Change the ADU to a primary dwelling unit A deviation requesting to allow an accessory structure to remain in front of the front façade of the new primary dwelling unit and the front lot line All changes as detailed in application #26351 A public notice period will be conducted for this NCOA application between November 9, 2026 and December 12, 2026. Noticing instructions per the requirements of BMC 38.730.020 will be provided by your review coordinator. Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are applicable to this project, including but not limited to the following: Conditions of Approval 1.Water service- Prior to final NCOA approval, the applicant must provide a detailed plan demonstrating that each lot will be served by its own water service and meter to the water main, per DCS 4.2.9. 2.Water service easement- With a subdivision exemption (SE) application, where a water service crosses an adjoining lot to reach the main, an easement must be provided per BMC 38.410.060. 3.Sanitary sewer service- Prior to final NCOA approval, the applicant must provide a detailed plan demonstrating that each lot will be served by its own sanitary sewer service to the main, per DCS 5.2.9. The plan must also show the sewer service currently serving the property to the south provides its own service, separate from the subject property. 4.Sanitary sewer service easement- With a subdivision exemption (SE) application, where a sewer service crosses an adjoining lot to reach the main, an easement must be provided per BMC 38.410.060. 5.Dry utilities: gas, electric, communications- Prior to final NCOA approval, the applicant must provide a detailed plan demonstrating that each lot will be provided separate gas, electric, and communications service, per BMC 38.410.050. 6.Dry utilities easement- With a subdivision exemption (SE) application, any private utility easements required for services crossing a lot line must be provided per BMC 38.410.060.B. 7.Drainage- Prior to final NCOA approval, the applicant must provide a detailed plan demonstrating that each lot will manage its stormwater on-lot per DCS Section 6.3. 8.Drainage easement- With a subdivision exemption (SE) application, where drainage crosses a proposed lot line onto an adjoining lot, a drainage easement must be provided per BMC 38.410.060.A. Code Provisions 1.Per Section 38.740.120. the proposed project shall be completed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair 2.Per Section 38.700.100, the applicant shall submit the desired Subdivision Exemption application within one year of Certificate of Appropriateness approval, or said approval shall become null and void. Pursuant to section 38.740.060.B.2., BMC, sketch plans requiring a Certificate of Appropriateness (COA) must be reviewed for substantial compliance with Chapter 38 of Bozeman Municipal Code. Findings: Conformance with Setbacks: The site does not alter the location of buildings or incur any alterations to the buildings. Per BMC Section 38.790.040, non-conforming structures are allowed to be retained so long as they are not changed or expanded, such that the alteration would create a new non-conformity or increase an existing non-conformity. By amending the property lines as proposed in this application, the existing duplex incurs no further non-conformities and the amended lot lines do not further increase any non-conforming setbacks. The Accessory Dwelling Unit, through the proposed boundary line adjustments, would alter its use from an accessory dwelling unit to a primary dwelling. Per BMC Section 38.790.020.A, intensifying the use requires that the structure conform with the use requirements of the zoning in which it is located. The ADU, when upgraded to a principal dwelling unit, will comply with minimum setbacks. Conformance with Accessory Structure standards: BMC Section 38.320.120.A.2. requires that accessory buildings may not be stored or constructed between the front lot line and the front façade of the building. BMC Section 38.240.020.G. states deviations from underlying zoning may be granted when buildings do not conform to contemporary zoning standards for the purpose of encouraging restoration, rehabilitation, and appropriate new construction which would contribute to the overall historic character of the community. The applicant has requested a deviation to allow the accessory structure to remain in its current location, which would result in a structure between the front façade of the primary structure and the front lot line, when the proposed subdivision exemption comes to fruition. City staff finds that allowing the site to retain the accessory structure would result in a site which is more historically appropriate, as this structure was erected around 1920. The structure exists and would have no adverse impacts on abutting properties, and therefore would assure the protection of public health, safety, and general welfare. The deviation request meets criteria and will be granted upon final approval of this application. Based on the above findings, the Director determines, considering the aforementioned conditions, the application is in substantial compliance with the Bozeman Unified Development Code and the zoning map, and all impacts resulting from the proposed development were previously analyzed and made available for public review and comment in the adoption of the City’s current land use plan, the adopted Unified Development Code, or the zoning map. This letter and the above findings are the record of review for determining that the subject application 26401 is in substantial compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman.