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HomeMy WebLinkAbout1995-10-02 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOlEMAN, MONTANA October 2, 1995 ***************************** . 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. 10-02-95 - 2 - 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. 10-02-95 - 3 - 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. 10-02-95 - 4 - 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 10-02-95 ...... -...--- _._._.__.~.._._ _._.~. . '_ ..._. _~. .~_.._..~.n.... .~.._.._... . ..._._'''.__~ - 5 - 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 10-02-95 . .._~-- ._~-------- --.. -_...~ _ .__.~.~.,._~~~_..n_..~. "..'.'.'"'' _".~ . -- --...,. ....,~ ..- __._ ...__ _.. _n -. - --.-.....-.... . - - 6 - 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. 10-02-95 - 7 - (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. 10-02-95 .---.------- - 8 - ( 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 10-02-95 - 9 - 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 10-02-95 ------- -.- .---.--".- -.- -----_._.~..- - 10 - 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 10-02-95 n_.. _..._._.____.__....._ n__n.._._._ _..n..__n__..._.._..._.._ - ~.._- .--- -. .--.-- -..---. - 11 - 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 10-02-95 ..........- ----.-.- -- ----- - 12 - 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: 10-02-95 - 13 - 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. 10-02-95 -------- .. .....--..--..--.- .-- ... .-- ----.-.-... - 14 - 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 _~~'""~".r__~~~~~~~_"_~~~~" -'-" - 15 - 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