HomeMy WebLinkAbout1995-10-02 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOlEMAN, MONTANA
October 2, 1995
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, October 2, 1995, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - SeDtember 18. SeDtember 25. SeDtember 26. and SeDtember 27. 1995
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the meetings of September 18, September 25, September 26, and September 27,
. 1995, be approved as submitted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
ADDlication for Kennel License - Elizabeth Frishman. 519 South Tracy Avenue - Calendar Year
~
City Manager Wysocki noted that, included in the Commissioners' packets, was a
copy of the application for kennel license, along with a letter from Animal Control Officer
Connie Lien, dated September 8, recommending denial; a letter of opposition from residents in
the immediate area; and a copy of a complaint filed on September 6, 1995.
Ms. Libby Frishman, applicant, stated that since applying for the kennel license, she
. has realized that what she wants to do is inappropriate within city limits. As a result, she has
made an offer on a house located out of town; and her request now is that she be allowed to
keep her existing dogs in town until the housing transaction has been completed, which will
probably be around the end of November.
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Ms. Frishman stated that, because of the neighbors' complaints, she has reinforced
the fence; and she has had no problems since that time. Also, her dogs are basically "under
house arrest", to avoid future problems.
City Attorney Luwe suggested that, for a period of two months, the applicant could
. pursue other alternatives, such as kenneling her dogs. He cautioned that at the present time,
there are more dogs on the property than are allowed without a kennel license. He then
reminded the Commission that the kennel license would expire at the end of the calendar year;
and the Commission does have the authority to revoke the kennel license upon filing of a
complaint.
Animal Control Officer Connie Lien stated that, under the circumstances, she does
not have a problem with the Commission approving the kennel license for this calendar year.
She stated that only one of the dogs, an Australian shepherd, has been aggressive in the past.
Aside from the complaints about that dog, the rest of the complaints registered have been more
of a minor nuisance type; and she feels the neighbors would be willing to accept the situation
on a short-term basis. She then stated that she has not viewed the property in the past few
. weeks, so she is not aware of the extent of fence repair that the applicant has completed.
Responding to Commissioner Stueck, the City Attorney stated that a kennel license
may be issued, subject to conditions, such as ensuring that the fence is adequate.
Commissioner Frost expressed concern that, even with approving the kennel license
with conditions, there is no guarantee that the problem dog will not get out and attack or bite
someone.
Responding to City Manager Wysocki, City Attorney Luwe stated that the code
requires that the Commission take action on a potential revocation of a kennel license, after a
notice and a hearing.
Commissioner Youngman suggested that, because of the concerns which have been
expressed and the questions about adequacy of the fence, the Commission delay action on this
. application until later in the meeting, allowing Animal Control Officer Lien an opportunity to
view the site and forward her recommendations.
The Commission concurred with Commissioner Youngman's suggestion; and Mayor
Vincent deferred further discussion and action on this item until later in the meeting.
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Discussion - recomDosition of Design Review Board due to zone code revision
which become
effective on October 6. 1995
Included in the Commissioners' packets was a memo from Clerk of the Commission
Sullivan, dated October 2, 1995, outlining the current membership of the
Design Review Board.
Also, attached to the memo, were a letter from the Design Review Board,
dated September 26,
. and a letter from Cliff Chisholm, dated September 27, 1995.
City Manager Wysocki provided clarification on the new composition of the
Design
Review Board, under Ordinance No. 1406, noting that the six-voting-member
board is
comprised of six professional members, one of which is the ex officio,
non-voting position held
by the Planning Director, and one non-professional member. He noted that
under the current
composition, there are six professional members and two non-professional
members, which
means that one member must be eliminated from each category.
He then noted that the
Design Review Board has suggested that the individual not retained on the
Board be designated
as an alternate for the remainder of hislher term, to ensure that quorum
requirements can be
more easily met. He also suggested that, since some of the terms expire
in nine months, all
of the terms be extended for a period of one year.
. Each of the Commissioners expressed support for the concept of designating
alternates from the current membership of the Board, as well as extending
all terms for a period
of one year. They briefly discussed which members should be designated
as alternates.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that
the
Design Review Board's composition be revised to reflect the following:
Cliff Chisholm
Architect 06130/97
Paul Gleye
Architect 06/30/98
Walt Willett
Architect 06/30/98
Mara-Gai Katz Alternate
06/30/97
Roger Cruwys
Landscape Architect 06/30/98
John DeHaas
Architectural Historian 06/30/97
Kim Walker
Non-professional 06/30/97
Ed McCrone
Alternate 06/30/98
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
. Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent;
those voting No, none.
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Discussion - reauest for Commission endorsement of declaration of Bozeman as a "hate free
zone"
Commissioner Youngman suggested that the Commission endorse declaration
of
Bozeman as a "hate free zone", noting that this action would be similar to the Commission's
proclamation for a "safe Bozeman" last year. She noted that this effort is locally initiated by
. a broad-based, non-partisan group that has received bi-partisan support.
Commissioner Stiff stated that, while he supports the concept, he feels
that this is
an issue for individual support rather than support by the Commission.
Commissioner Stueck stated he is also concerned about endorsing the declaration
as
a representative of the City. He recognized that probably no one within
the community is
opposed to this concept; however, he feels it should be an individual issue rather than a
Commission action.
Commissioner Youngman suggested that the Commission could simply endorse
the
concept, rather than endorsing the campaign.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
Commission endorse the "hate free" campaign. The motion carried by the following Aye and
. No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Apoointment of Deleaate to attend National League of Cities Conaress of Cities - Phoenix.
Arizona - November 29 throuah December 2. 1995
It was moved by Commissioner Frost, seconded by Commissioner Youngman,
that
the Commission appoint Commissioner Stueck as the City's delegate to the National League
of Cities Congress of Cities, to be held in Phoenix, Arizona, on November 29 through December
2, 1995. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and
Mayor Vincent; those voting No, none.
.
Apoointments to Board of ADoesls
Commissioner Stueck announced that he has been directed by the Superintendent
of
Schools and the School Board that, as soon as the Board of Appeals has been appointed, he
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is to file an appeal on the new middle school. He stated that, because of this situation, he will
abstain from discussion or voting on the appointment of the board members.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission appoint the following to the Board of Appeals, representing the listed fields of
. expertise: Larry M. Barnard
electrician
Lyle Biekert
structural engineer
Gene Brooks
plumber
Robert V. Lashaway
architect
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No,
none. Commissioner Stueck abstained.
The Commissioners voted on the following nominations:
Darrel C. Behrent
engineer
Bayliss Ward
architect
Following a two to two tie on the nominations, it was moved by Commissioner
Youngman, seconded by Commissioner Stiff, that appointment of the fifth member on the
. Board of Appeals be tabled for a period of two weeks. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff,
Commissioner Frost and Mayor Vincent; those voting No, none.
Commissioner Stueck
abstained.
ADDlication for Kennel License (continued) - Elizabeth Frishman. 519 South Tracy Avenue -
Calendar Year 1995
At the Mayor's request, Animal Control Officer Connie Lien provided a report to the
Commission. She stated that she has examined the fence and believes that it is adequate to
keep the dogs in. She then stated that, based on the understanding that the dogs will soon
be relocated within the next few months, she feels it would be appropriate to approve the
. kennel license for the remainder of this calendar year. She noted that the applicants have gone
to great lengths to address the concerns that have been raised about their dogs in an effort to
mitigate the problems encountered to date.
Responding to the City Manager, the City Attorney indicated it would be appropriate
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to condition approval, if the Commission so desires, to require that the
problem dog be on a
leash in the yard.
Animal Control Officer Connie Lien stated that there is a ground anchor already
installed in the yard, to which a leash could be tied to ensure that the
Australian shepherd is
. adequately restrained to protect anyone living in or moving through the area.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the kennel license application submitted by Elizabeth
Frishman for 519
South Tracy Avenue, through the end of Calendar Year 1995, subject to the
following
condition:
1. That the applicant shall ensure that all of the dogs are
kept inside
the
fence when they are allowed outside; and that the applicant
shall
keep the problem dog (Australian shepherd) on an adequate
leash
when that dog is allowed outside in the fenced yard.
The motion carried by the following Aye and No vote: those voting Aye being
Commissioner
Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and
Mayor Vincent;
those voting No, none.
Mayor Vincent thanked Animal Control Officer Connie Lien for her many years of
. service to the community. He noted that she has handled the job well, balancing protection
of the public with animal owners' desires to retain their animals.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Letter
from Friends of Peets' Hill Trail, dated September 22, thanking Park
Foreman Ron Dingman for his volunteer work on the trail.
(2) Copy
of the letter sent to Mr. Paul Borgeson, dated September 27,
responding to his testimony at Tuesday night's public hearings.
. (3) Letter
from Engineering Assistant Andy Kerr to Joann Staffanson, dated
August 24, notifying her that the vegetation on her property requires maintenance.
(4) Notice
of Bozeman Area Chamber of Commerce Governmental Affairs
Committee meeting to be held at 7:30 a.m. on Tuesday, October 3, at the
GranTree Inn.
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(5) Invitation for Governmental Affairs Committee members to attend a
breakfast with City Commission candidates at 7:30 a.m. on Wednesday, October 11, at the
GranTree Inn.
(6) Agenda for the Montana Transportation Committee meeting to be held on
. October 1 t and 12 in Glendive.
The City Manager noted that one of the items on the agenda is a signal at the
intersection of North 19th Avenue and Durston Road.
(7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, October 3, at the Courthouse.
(8) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, October 3, in the Commission Room.
(9) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, October 3, in the Commission Room.
(10) The City Manager submitted his weekly report, as follows. (1) Announced
that West College Street has been reopened, although the construction work has not been fully
. completed. (2) Announced that inventorying of signs has begun. to determine which signs are
non-conforming and which are illegal. (3) Stated that the tree trimmers are working north of
West Dickerson Street, along the east side of South Willson Avenue. (4)
Announced that
improvements at the intersection of South 19th Avenue and West College Street are underway.
(5) Stated that he met with representatives from the Humane Society last week to discuss
options for a more permanent and larger site for their facilities. (6) Stated that Mr. Dab Dabney
is preparing final figures on the costs of installing a water main for his apartment project. He
noted that when those final costs have been calculated, it is anticipated that the amount of gap
financing needed from the City will be greater than the amount previously approved and that
a request for additional financing will be on the October 16 agenda. (7) Announced that School
Resource Officer Steve Kiem worked at the school during the past week. (8) Announced that
. he will be attending the Montana League of Cities and Towns Convention during the latter part
of the week.
(11 ) Commissioner Stueck announced that paving at West Babcock Street
park
was completed on Saturday; and Montana Power Company should be scheduled to install lights
soon.
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( 12) Commissioner
Frost stated that he attended the Design Review Board
meeting last week.
He noted that the new configuration is working well, although, he
suggested that if the tables were moved slightly, the public would be better
able to see the
plans on the wall.
. (13) Commissioner Youngman submitted the following. (1) Stated she has been
receiving feedback about the appeals process and the short period of time
allowed for filing of
appeals under the zone code. She suggested that the information provided
to applicants more
explicitly outline the appeals process and time limits, so they are better
informed. (2)
Announced that the Bozeman Daily Chronicle is more strenuously enforcing
its limit for guest
editorials, requiring that they be maintained at 600 to 800 words.
She asked if the
Commissioners are comfortable with her cutting the length of the previous
draft to meet those
requirements; the Commissioners concurred.
(14) Commissioner
Stiff noted that last week was busy, with every free minute
being spent on impact fees.
( 15) City
Attorney Luwe submitted the following. (1) Announced that he will
. attend the Montana league of Cities and Towns Convention later this week. (2) Stated that
he and his staff, along with several of the law enforcement personnel,
are attending a
conference on use of force and vehicle pursuit which is sponsored by MACa
and MMIA.
(16) Clerk
of the Commission Sullivan submitted the following. (1) Stated that
she will also be attending the League Convention this week. (2) Announced
that she will be
attending the International Institute of Municipal Clerks Board of Directors
meeting next week.
Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Reauest for Dermission to conduct Christmas Stroll - Saturday. December
2.
3:00 D.m. to 6:00 D.m.
. ADDroval of Bozeman Ponds Manaaement Plan: Authorize City Mansaer to
sign - Lease Agreement for the Bozemsn
Ponds Fishina Access
Site
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Commission Resolution No. 3081
- levvina and assessina garbage
assessments. settina tag fees and oDtional flat fees for Fiscal Year
1995-1996: set Dublic hearing for October 16. 1995
COMMISSION RESOLUTION NO. 3081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND
. LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL
PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST
AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID
WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS
AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN
MUNICIPAL CODE.
Commission Resolution No. 3082 - assessing delinauent garbaae bills for
Fiscal Year 1995: set Dublic hearing for October 16. 1995
COMMISSION RESOLUTION NO. 3082
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN,
COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST
AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID
WASTE.
Commission Resolution No. 3083 - establishing revised landfill fees.
effective November 6. 1995
. COMMISSION RESOLUTION NO. 3083
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR
USERS OF THE CITY OF BOZEMAN LANDFILL.
Commission Resolution No. 3084 - levYing and assessing Dreliminary
assessments for SID No. 660 - imDrovements to Valley Unit Park -
bond amount of $135.000.00: set Dublic hearina for October 16.
1995
COMMISSION RESOLUTION NO. 3084
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
TAXES UPON ALL BENEFITED PROPERTY IN EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 660 IN THE CITY OF BOZEMAN, COUNTY
OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF
CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID
SPECIAL IMPROVEMENT DISTRICT NO. 660.
. Commission Resolution No. 3085 - levvina and assessing Dreliminary
assessments for SID No. 663 - Davina of West Oak Street west
from North 19th Avenue a distance of 1.642 feet - bond amount
of $239.600.00: set Dublic hearing for October 16. 1995
COMMISSION RESOLUTION NO. 3085
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF
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TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT
DISTRICT NO. 663 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND
MAKING THE IMPROVEMENTS WITHIN
SAID EXTENDED SPECIAL
IMPROVEMENT DISTRICT NO. 663.
Commission Resolution No. 3086 - intent to vacate oortion of West
Babcock Street immediately northeast of realianed intersection of
. West Main StreetlWest Babcock Street/South 23rd Avenue: set
Dublic hearing for October 16. 1995
COMMISSION RESOLUTION NO. 3086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION
TO V ACA TE AND ABANDON THAT PORTION OF WEST BABCOCK STREET
RIGHT-OF-WAY LYING ADJACENT TO AND NORTH OF LOT 1 AND LOT
3A-2, AND ADJACENT TO AND SOUTH OF LOT 3B-1, ALL IN BLOCK 3,
KIRK'S FOURTH SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA.
Authorize Mayor to sign - Findinas of Fact and Order for Dreliminary olanned
unit deyelooment subdivision Dlat and zonina Dlanned unit
develooment for Cuoola mixed used deyelODment (58.13 acres
located east of Broadway Avenue at East Mendenhall Street
extended)
Award bid - reDlacement of blowers at Wastewater Treatment Plant -
Williams Plumbing and Heatina, Bozeman, Montana - base bid less
Alternate 1 - total $98.600
. Ratify award of bid for building of 24 units in HRDC oroiect to Martel
Construction. Bozeman. Montana
Authorize absence of Commissioner Youngman from meeting of October 9.
1995. in comoliance with Section 7-3-4322(2), M.C.A.
AODroval of reauest for oermission to connect to City sewer service -
Springer Grouo Architects for Caoe/France - Valley Center
Business Park (North 19th Avenue/Valley Center Drive) - subject
to conditions in City Enaineer Brawner's memo dated SeDtember
21. 1995
Authorize City Manager to sign - Professional Services Aareement between
City and Thomas. Dean & Hoskins. Inc. - engineerina services for
reolacement of aooroximately 700 lineal feet of 30-inch Bozeman
Creek water SUDoly Dioeline
Authorize City Manaaer to sign . Contract Aareement for West College
Street LandscaDe Rehabilitation - between City and Cashman
Nursery
. Ratify submittal of draft urban renewal olan to City-County Planning Board
to initiate review orocess
RatifY City Manager's aooroval of Caterina License for Liverv Stable and
Old
Saloon. Inc. - All Greek Party and Testical Festival - September 29
and 30. Gallatin County Fairgrounds
ADoroval of loan from Community Housing Fund. oer recommendation of
Community Affordable Housing Advisory Board
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Authorize
City Manaaer to sian - Agreement between City and School
District No. 7 re School Resource Officer
Acknowledge
receiDt of ADDlication for Annexation - Laura Mav Brunton
Livina Trust - 10.0 acres described as the West 330 feet of the
560.15 Section of the NE% of the SW% of Section 1. T2S. R6E.
as Dreviouslv described in Book 135. Page 23 (east of Rest Home.
along south side of West Oak): refer to staff
. Buildina
InSD9ction Division reDort for Auaust 1995
Claims
It
was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve the Consent Items as listed, and authorize and direct
the appropriate
persons to complete the necessary actions. The motion carried by the following
Aye and No
vote: those
voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner
Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none.
Recess - 4:00 D.m.
Mayor
Vincent declared a recess at 4:00 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
.
Reconvene - 7 :00 D. m.
Mayor
Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the scheduled public hearings.
Public hearing - COA with deviation from Section 18.16.050 to allow construction
of second
floor storage/recreation room on existing garage which encroaches 7 feet
into reauired 8-foot
side yard setback - Peter B. Ohman. 612 South 10th Avenue (Z-95109)
This
was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.16.050 of the Bozeman Municipal
Code, as
requested by Peter B. Ohman, under Application No. 2-95109 to allow construction
of a second
. floor storage area/recreation room on the existing garage, which encroaches 7 feet into the
required 8-foot side yard setback.
Mayor
Vincent opened the public hearing.
Historic
Preservation Planner Derek Strahn indicated he is serving in this capacity for
the next several weeks, until the Planning staff has been filled once again.
He then presented
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the staff report, noting that under this application, a second story storage area/recreation room
is to be added to an existing garage. He stated that staff has reviewed this application in light
of the criteria set forth in the zone code; and the staff's findings are contained in the written
staff report. He summarized those findings, noting that staff found this
application to be in
. compliance with the zone code requirements and recommended approval, subject to three
conditions.
The Historic Preservation Planner stated that the Design Review Board considered the
application at its September 12 meeting. At that time, they carefully considered the proposed
gambrel roof design and, after reviewing the existing number of gambrel roofs in the
surrounding neighborhood, determined it would be compatible with the existing characteristics
of the neighborhood.
The Planner reviewed the five recommended conditions for approval of this
application, noting that the applicant has agreed to the conditions.
Mr. Peter Ohman, applicant, indicated a willingness to respond to questions.
Responding to City Manager Wysocki, Historic Preservation Planner Strahn stated that
. the issue of the proposed storage area/recreation room being converted into a living unit was
not discussed by either staff or the Design Review Board.
City Manager Wysocki stated it is important to recognize that if this second story
addition is to be converted to a living unit in the future, it must go through the appropriate
review processes to ensure that all code requirements are met, such as off-street parking.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
. the Commission approve the Certificate of Appropriateness with deviation from Section
18.16.050 of the Bozeman Municipal Code, as requested by Peter B. Ohman, under Application
No. Z-95109 to allow construction of a second floor storage area/recreation room on the
existing garage, which encroaches 7 feet into the required 8-foot side yard setback, subject to
the following conditions:
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1. That
the applicant shall eliminate the proposed vertical siding on
gambrel
ends of the proposed second story addition in favor of
more
appropriate wooden shingles or horizontal wood/masonite
siding
of 6-inch width or less;
2. That
the applicant shall replace the proposed second story
windows/skylights
on the addition's south elevation with more
appropriate
or fitting alternatives, such as the 1/1 double hung
. windows
found on the principal residence;
3. That the actual construction completed
shall comply with that
depicted
on the south and north elevation drawings as submitted
by
the applicant with respect to the proposed balcony;
4. That
the proposed windows/skylights shall be moved to the upper
position
of the proposed garage roof; and
5. That
the applicant shall obtain a building permit within one year
of
Certificate of Appropriateness approval or this approval shall
become
null and void.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent;
those voting No, none.
Public hearina - COA with deviations from Sections 18.18.030 and 18.16.050 to allow
. conversion of basement into one-bedroom aDartment. and construction of 19-foot bv 20-foot-3-
inch addition to existing garage to encroach 2 feet into reauired 8-foot side vard setback (l-
95113)
This was the time and place set for the public hearing on the Certificate
of
Appropriateness with deviations from Sections 18.18.030 and 18.16.050 of the Bozeman
Municipal Code, as requested by Nick Woods, under Application No. Z-95113 to allow
conversion of the existing basement into a one-bedroom apartment, and construction of a 19-
foot by 20-foot-3-inch addition to the existing garage to encroach 2 feet into the required 8-
foot side yard setback.
Mayor Vincent opened the public hearing.
Historic Preservation Planner Derek Strahn presented the staff report.
He stated that
under this application, the existing basement is to be converted to a one-bedroom apartment.
. Also, a sizeable addition is to be constructed on the garage. While the addition will nearly
double the size of the existing garage, the accessory structure will still be smaller than the
house. He stated that the addition is to follow the same line as the existing garage, which is
six feet from the side property line.
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The Historic Preservation Planner stated that the subject lot is 50 feet wide; and the
zone code requires a minimum 60-foot lot width in the R-3a zoning district for two-family
dwelling units.
The Planner stated that staff has reviewed this application in light of the criteria set
. forth in the zone code; and those findings are contained in the staff report. He summarized
those findings, noting that staff has determined that the requested apartment and garage
addition are compatible with the surrounding neighborhood. He also noted that the proposed
dark green corrugated metal roofing is acceptable, particularly since similar materials have been
used on other homes in the area.
Historic Preservation Planner Strahn stated that the Design Review Board considered
this application at the September 12 meeting. After reviewing the criteria and staff findings,
the Board concurred in the staff's recommendation for approval, subject to two conditions.
The Historic Preservation Planner stated that he has received telephone calls from two
of the neighbors who have registered concern about how this application might impact parking
in the immediate area. He noted that those individuals are disabled and are
concerned that
. additional on-street parking from the additional dwelling unit could negatively impact them. He
assured the Commission that with the configuration of the lot and with the recommended
condition, that concern can be adequately alleviated.
The Planner noted that he left a message for the applicant today; however, since the
applicant is not present, there is a potential that he is out of town.
No one was present to speak in support of or in opposition to the application.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
. Commission approve the Certificate of Appropriateness with deviations from Sections
18.18.030 and 18.16.050 of the Bozeman Municipal Code, as requested by Nick Woods, under
Application No. Z-95113 to allow conversion of the existing basement into a one-bedroom
apartment, and construction of a 19-foot by 20-foot-3-inch addition to the existing garage to
encroach 2 feet into the required 8-foot side yard setback, subject to the following conditions:
10-02-95
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1. That
the required off-street parking not met by construction of the
proposed
two-car garage addition (i.e., two spaces) be clearly
designated
in the proposed or existing driveways as per Section
18.50.120.J.
of the Bozeman Municipal Code; and
2. That
the applicant shall obtain a building permit within one year
of
Certificate of Appropriateness approval or this approval shall
become
null and void.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent;
those voting No, none.
Adiournment - 7:25 D.m.
There being no further business to come before the Commission at this time,
it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the
meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner
Stiff and
Mayor Vincent; those voting No, none.
. c::==----
ATTEST:
~~s~~
Clerk of the Commission
.
10-02-95