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HomeMy WebLinkAbout1995-09-18 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 18, 1995 ****************** *********** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 18, 1995, at 3:00 p.m. Present were Mayor Pro Tempore Stueck, Commissioner Youngman, Commissioner Stiff, Commissioner Vincent, Commissioner Frost, Acting City Manager Miral Gamradt, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Pro Tempore Stueck announced that he will be chairing the meeting at Mayor Vincent's request. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Pro Tempore Stueck asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Acting City Manager Gamradt requested that the application for kennel license submitted by Elizabeth Frishman be removed for discussion. . Minutes ~ SeDtember 5. September 11 and SeDtember 14. 1995 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the meetings of September 5 and September 11, 1995 be approved as amended and that the minutes of the meeting of September 14, 1995 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Vincent, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Discussion - draft letter to Design Review Board and draft guest editorial re zone code amendments Commissioner Youngman distributed copies of a second draft of the guest editorial . regarding the comprehensive zone code amendments recently adopted, noting that the revised document reflects the comments forwarded by each of the Commissioners. Each of the Commissioners stated general concurrence with the guest editorial. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission approve the revised draft of the guest editorial and authorize its submittal to the 09~ 18-95 . - ------- - 2 - newspaper. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. The Commissioners briefly discussed the draft letter to the Design Review Board, . which was included in the Commissioners' packets, stating general support. It was moved by Commissioner Vincent, seconded by Commissioner Frost, that the Commission approve the draft letter, as submitted, and authorize and direct Clerk of the Commission Sullivan to forward it to the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Denial of aoolication for Kennel License - Elizabeth Frishman. 519 South Tracy Avenue: oer Animal Control Officer Lien's letter dated SeDtember 8. 1995 Acting City Manager Gamradt stated that the applicant has requested an opportunity to address the Commission regarding the Animal Control Officer's recommendation for denial . prior to the Commission taking action on this item. He noted that she is unable to be present at this meeting due to work constraints, and has requested that the item be delayed. He recommended that the Commission acknowledge this request and delay action until the afternoon session of the October 2 meeting. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission delay action on this application until the afternoon session of the October 2 meeting, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Vincent and Mayor Pro Tempore Stueck; those voting No, none. . ConceDt olan view - Old Story Mill Dlanned unit develoDment - northeast corner of Story Mill Road and Hillside Lane - Ed McCrone Assistant Planning Director Debbie Arkell stated that Mr. Ed McCrone has forwarded a concept plan for development of the 13:f: -acre site located at the northeast corner of the intersection of Story Mill Road and Hillside Lane as a planned unit development. She reminded the Commission that the subject parcel is known as the Old Story Mill site; and it is an historic 09-18-95 ____..__. n..__..._._._ - 3 - property. Under this concept plan, residential development would occupy 8.2 acres; business/ office/commercial uses would occupy 4.1 acres; 0.7 acres would be occupied by light manufacturing and/or health club uses; and the remaining 0.3 acre would be designated for public use and serve as a connecting trail in development of the "Rails to Trails" project. . The Assistant Planning Director noted that proposed residential development would range from single-family homes through high-density townhouse or multi-family dwellings. One existing building on the site, which contains 34,000 square feet, would be used for commercial uses; and the other existing building on the site, which contains 14,500 square feet would probably be used for light manufacturing uses. Assistant Planning Director Arkell stated that the main access to this site is to be from Bridger Drive via Story Mill Road, with the secondary access to be from North Rouse Avenue via Griffin Drive. She noted that the Development Review Committee, County Road Superintendent and the State of Montana Department of Transportation have suggested that, in light of anticipated traffic impacts trom this project, the applicant should be required to improve Story Mill Road from Bridger Drive to the south end of the subject parcel to City street . standards; provide necessary improvements at the intersections of Story Mill Road and Bridger Drive as well as North Rouse Avenue and Griffin Drive; and improve Griffin Drive to a County road standard, including possible replacement ot the bridge. The Assistant Planning Director noted that a City water main crosses the subject property, therefore, City water service would be readily available to the site. The closest sewer main is located near Zig's Building Center; and the main must be extended down Bridger Drive and Story Mill Road to provide sewer services to the subject parcel. Assistant Planning Director Arkell stated that during Design Review Board review of this application, concern was expressed about the location of 25 condominium units immediately across Story Mill Road from the stockyards, as well as the proposed density of residential development adjacent to Hillside Lane, where existing single-family residences are . constructed on one-acre lots. Also, better definition of the main entry to the development was suggested. The Assistant Planning Director stated that during the City-County Planning Board review, most of the comments enumerated above were echoed. She reminded the Commission that the subject parcel has been annexed, with the zoning being amended to BP, Business Park. 09-18-95 - 4 - This proposed mixed use development contains a variety of uses, ranging from residential to highway commercial uses and even some light industrial uses. Mr. Dave Grigsby, architect representing the applicant, stressed historic preservation as one of the key elements in this proposal. He noted that restoration and re-use of the two . existing structures will ensure protection of a community asset. He characterized this as a long-term project, estimating a minimum of ten years to develop the site. He also recognized the infrastructure needs which will result from development of the site; however, he proposed that, to make this an economically viable project, it may be appropriate to allow for phasing of the infrastructure improvements rather than requiring all of those improvements to be completed upfront. Mr. Grigsby stated that the applicant proposes to develop this project in phases. To make this an economically feasible project, he proposes that some of the residential development be constructed as Phase I, to help cover the costs of needed infrastructure and to provide cash flow for renovation of the historic structures on site. He suggested that if Story Mill Road is improved in conjunction with the development of Phase I, residents will use . that road instead of using Griffin Drive, which will remain in its current state. He then indicated that the applicant proposes to develop a trail system through the residential area adjacent to Hillside Lane, with that trail traversing the subject property and accessing the trail system along the railroad right-of-way. Commissioner Stiff stated his biggest concern involves roads. Responding to Commissioner Youngman, Mr. Grigsby stated there is an existing single-family residence that was built in the late 1800's; and that structure is to remain in its current use. He then noted that the lot at the corner of Story Mill Road and Hillside Lane is to be developed as a multi-family area rather than as a single-family structure. Commissioner Youngman noted that several of the multi-family units are proposed to range from 850 square feet to 1,000 square feet in size, which would lend themselves to being . rented as affordable units. She encouraged the applicant to consider creative design elements to provide light in the building which faces north and is set into the hillside. She also encouraged the applicant to consider the stockyards and its attendant smells when designing the higher-density residential development proposed immediately across the road. 09-18-95 -- - 5 - Mr. Grigsby acknowledged that the applicant is fully aware of the stockyards across the road. He then noted that, while it is easy to detect the stockyard smells on some days, the odors are not necessarily offensive. He stated that those issues will be taken into consideration when the residential units are designed. . Mayor Pro Tempore Stueck stated it would be beneficial for the applicant to identify what infrastructure improvements are to be completed with each phase of development, particularly if the applicant is seeking some latitude in the installation of the improvements. Responding to Mayor Pro Tempore Stueck, Assistant Planning Director Arkell stated that the Development Review Committee has indicated that phasing of street improvements is a viable possibility; however, extension of the sewer cannot be effectively phased. Mr. Grigsby noted that it is very possible the property immediately to the north of this subject property will be developed before the subject site is fully developed. He suggested that some mechanism should be considered for ensuring that this subject parcel is not fully responsible for the extension of all infrastructure improvements, without participation from the other development. . Mr. Ed McCrone asked that, while his intent is to construct the new residential structures in the first phases of the project, he be given the latitude to accommodate any potential commercial venture that may wish to use one of the existing buildings. He noted that the 14,500-square-foot metal building could be used with a minimum of renovation; and the 13,500-square-foot building on site is very marketable in its current state. Commissioner Vincent noted the importance of carefully reviewing the phases when the formal application for this planned unit development is submitted. Commissioner Frost stated he feels the concept is excellent, and that the effort to preserve this valuable piece of history is commendable. City Attorney Luwe noted the applicant is seeking feedback on how the proposed project should be phased. . Commissioner Frost stated that phasing of a development is too complex for the Commission to comment on. Commissioner Youngman stated her preference for reviewing a phasing proposal rather than attempting to develop one. She then indicated her strong support for the applicant's proposal to preserve the historic features of the site and incorporate them into the 09-18-95 -------------- ....- - 6 - planned unit development. She also noted her support for the mixture of commercial and residential development, recognizing the issues such as safety, access and traffic flow must be carefully considered. Commissioner Youngman also encouraged the applicant to consider the geotechnical . features of the area. She noted that much of that area is unstable and, while a building built into a hillside can be aesthetically pleasing and energy efficient, care must be taken to ensure that it will not end up at the bottom of the hill. She also noted that all of the concerns expressed by Historic Preservation Officer Derek Strahn must be carefully considered and addressed. She proposed that the commercial development on the site be limited to neighborhood scale commercial, to mitigate impacts on adjacent residential uses. Mayor Pro Tempore Stueck forwarded two concerns. He noted that if Story Mill Road and Griffin Drive are not improved when needed, traffic will be pushed onto L Street, which is a gravel road. He noted that his second concern pertains to the existing stockyards and the attendant smells. He noted that during the annexation process, it was clearly recognized that the stockyards do exist and that designing of the subject site must take that into consideration. . He expressed concern about the proposed development of Lot 5. particularly since higher density residential development would be using Hillside Lane to access the site. He suggested, rather, that lower density residential development occur on Lot 5 and that higher density residential development be moved to Lot 6. He then reiterated his interest in seeing a proposal for phasing of infrastructure improvements in conjunction with the phased development of this site. Mr. Dave Grigsby noted that the City water main which traverses this site began leaking a few years ago. At that time, the City repaired the leak it had detected; however, it appears another leak has begun, and it is beginning to erode the ground under Story Mill Road. He expressed concern, in fact, that the road is beginning to cave in along this subject parcel. Mayor Pro Tempore Stueck acknowledged the concern and recommended that it be . forwarded to the City Manager. Discussion - FYI Items Acting City Manager Miral Gamradt presented to the Commission the following "For Your Information" items. 09-18-95 -..... .__.~_. ~ -......., . .. .----,...-..--.--... -...- - 7 - (1 ) Letter from Mary Gray, dated September 9, forwarding concerns about the need for a traffic signal on North 19th Avenue at Durston Road. She also forwarded a copy of the editorial opinion on the August 29 edition of the Bozeman Daily Chronicle, entitled "Don't appeal... please". . (2) Copy of the letter from John Rompel, 509 South 12th Avenue, to the Manager of Firestone Tire expressing frustration about a discourteous delivery truck driver he had encountered at that location on September 9. (3) Letter from John and Ruth Metcalf, dated September 11, expressing concern about the increased traffic on Nash Road, which is a dirt road, and the potential for additional traffic if a new dam is constructed in the Sourdough Creek drainage. (4) Notice of the Bozeman Area Chamber of Commerce Government Affairs Committee meeting which is to be held at 7:30 a.m. on Wednesday, September 20, at the GranTree Lounge. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 19, in the Commission Room. . (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, September 19, in the Commission Room. (7) Notice that the County Commission will not conduct a public meeting on Tuesday, September 19. (8) Copy of the draft impact fee studies as forwarded by Duncan and Associates. The Acting City Manager noted that it is unfortunate the front-page newspaper article was published prior to the Commissioners receiving the draft copies of this document. (9) The Acting City Manager submitted his weekly report, as follows. (1) Noted that progress is being made on recarpeting of City Hall; and it is anticipated that by the end of next weekend, all of the main areas will be carpeted. (2) Announced that Director of Public . Service Phill Forbes attended the second quarterly meeting with the State of Montana Department of Environmental Quality on Friday. (3) Noted that staff from the Engineering Department and the Street Department conducted a traffic circle demonstration on Yellowstone Avenue last week. As a result of that study and shooting of the video, which is available for Commissioner review, the staff concluded that temporary 24-foot-diameter traffic circles should 09-18-95 .-- ..-- .-..- ..-. ---. -- ...- - _. u._ --.--.-- - 8 - be installed on Yellowstone Avenue at its intersections with Toole Street and Ravalli Street, as a part of the approval for the Valley Commons Business Park. (10) Commissioner Frost stated that he has recently purchased a new home in University Subdivision and, therefore, has spent more time there than he has in the past. He . expressed grave concern about the fact that there are no sidewalks within that subdivision to ensure pedestrian safety. He noted that small children play in the street because there is no other place available for riding bicycles and tricycles; and joggers use the street both day and night. He stated his strong interest in seeing sidewalks installed as quickly as possible to alleviate the potential for accidents. (11 ) Commissioner Youngman submitted the following. (1) Attended meetings of the Library Board of Trustees and the Beautification Advisory Board last week. (2) Attended a meeting of a focus group, which is sponsored by the building industry and includes representation from both the City and the County, to talk about growth, development and changes in the community. (3) Noted that she has received several telephone calls about the lake that has been created by digging for a new building foundation along Graf Street, across . from the Fox Hollow development. She questioned whether the City's standards for building in areas with high water tables are adequate. (4) Announced that she will miss the October 9 Commission meeting because she will be attending a meeting out of state. ( 12) Commissioner Youngman noted she has received several telephone calls recently about trucks on South Willson Avenue and on North Church Avenue and North Wallace Avenue. She suggested that steps be taken to implement "no truck route" streets in the community, noting it is her understanding that staff is working on an ordinance change at the present time. City Attorney Luwe responded that he and Director of Public Service Phill Forbes discussed the issue recently; and he will check on its status. ( 13) Commissioner Stiff submitted the following. (1) Attended the City-County . Health Board meeting last week. He noted that, while the impact fee study seems to suggest that the costs of building in the City are substantially higher than they are in the County; however, he noted there are additional costs in the County which must also be considered. He noted that the State is becoming very concerned about potential groundwater degradation; and the costs of addressing that concern could be very high. (2) Noted that the Bozeman High 09-1 8-95 - -.. -."... ._.~-~-~~.._'-~.~'--~~~--- .. ._"_.'.r."~r~,._..,.. __._ --..- -- ....-.-.--.---.-..."..-----.-- - ---..--.- .. ---.- "--'-~._._."-".. -.-,. - 9 - School Hawks teams continue to win in their respective events, stating that four of the teams are currently undefeated. (14) City Attorney Luwe submitted the following. ( 1) Stated that the City obtained a favorable judgment in the Karst case, receiving a permanent injunction. Since then, . Karst Stage has filed for, and received, a stay in the enforcement of that injunction until mid- October. (2) Announced that Staff Attorney/Prosecutor Susan Wordal attended the McGuire Conference on domestic abuse in Billings last week; and she is interested in implementing some of the suggestions she garnered from the conference. (15) Mayor Pro Tempore Stueck submitted the following. ( 1) Noted that the Commissioners have received an invitation from the Citizens to Save Open Space to attend an upcoming meeting on September 21. (2) Noted that the Commissioners have received copies of a letter regarding the high groundwater table in Westfield Subdivision. He stated that a conversation with Director of Public Service Forbes has revealed that the water table will go down as more development occurs to the south because the extension of City infrastructure, with the washed gravel around the water and sewer mains, will provide the path of least . resistance along which the groundwater can flow. (3) Stated that staff plans to address the request for connection to City sewer, which is listed under the Consent Items, at the October 2 meeting. (4) Noted that Commissioners have received a petition for installation of a four-way stop at North Tracy Avenue and Cottonwood Street. (5) Reminded the Commission that next week is "Tobacco Free Week" and that the activities surrounding the joint signing of the proclamation are scheduled for 12: 15 p.m. on Monday, September 25, at the Bozeman Senior High School. Consent Items Acting City Manager Miral Gamradt presented to the Commission the following Consent Items. . Proclamation - "Tobacco Free Week" - SeDtember 24-30. 1995 Authorize Citv Manager to sian - Annexation Aareement with Montana Power ComDanv and Meraenthaler Transfer and Storaae - 12.333 acres known as Lot 2. Minor Subdivision No. 154 and cas No. 157 A. located in Section 31. T1 S. R6E. MPM (north side of Griffin Drive. east of Manlev Road) 09-18-95 - 10 - Commission Resolution No. 3077 - annexing tracts of land known as Lot 2. Minor Subdivision No. 154 and COS No. 157 A. located in Section 31. T1 S. RGE. MPM ( 12.33 acres located alona north side of Griffin Drive. east of Manlev Road) COMMISSION RESOLUTION NO. 3077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND REFERRED TO AS THE GRIFFIN DRIVE ANNEXATION (FORMERLY REFERRED TO AS THE MERGENTHALER ANNEXATION REQUEST) AND HEREIN MORE PARTICULARL Y DESCRIBED. Commission Resolution No. 3078 - levving and assessing lightina district assessments for Fiscal Year 1996: set Dublic hearing for October 2. 1995 COMMISSION RESOLUTION NO. 3078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Commission Resolution No. 3079 -levvinQ and assessing delinquent snow removal charges for Fiscal Year 1995: set Dublic hearina for . October 2. 1995 COMMISSION RESOLUTION NO. 3079 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, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Acknowledge receiDt of reauest for permission to connect to Citv. sewer svstem - SDringer GrouD Architects for CaDe/France - Vallev Center Business Park (North 19th AvenueNallev Center Drive) Authorize eXDenditure of $2.757.95 as Dartial reimbursement for costs billed by the State of Montana DeDartment of Environmental Qualitv for the Bozeman Solvent Site for the period ADrll 1. 1995 throuah June 30. 1995 . Authorize Mavor to sian - FindinQs of Fact and Order for Master Plan Amendment - revise Land Use Element of Master Plan to amend from "Urban Residential" and "Suburban Residential" to "Business Park/Industrial" - Dortions of the W%. Section 10. T2S. R5E. M PM. currentlv zoned BP (bounded bv Durston Road. US 191. Ferauson Avenue and Cottonwood Road) 09-18-95 -...-----.- --.----..-- ..-...-- --..-.----------- -.--------- --....--. . .- -..-- -.-------.-..-... .-..-- ,- .----.-.... ...-----. ..-.-..-- - 11 - ProDosed Amendment to Walker ProDertv Declaration of Restrictions and Protective Covenants and Prooosed Amendment to Walker Prooerty ByLaws to Drovide for the oedestrian circulation system aooroved by the City Commission under the conditional use oermit for the Walker prooerty Planned Unit Develooment Claims . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Youngman, Commissioner Stiff, Commissioner Vincent, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Recess - 4:03 o.m. Mayor Pro Tempore Stueck declared a recess at 4:03 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7 :00 D. m. . Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - COA with deviation from Section 18.50.160 to allow construction of a 550:!: sauare-foot addition to existing house which encroaches 5 feet into reauired 8-foot side yard setback - Dortions of Lots 4 and 6 and all of Lot 5. Block E. Rouse's 2nd Addition - The Lodae Family Trust for 312 Church Avenue (Z-95104) This was the time and place set for the Certificate of Appropriateness with deviation from Section 18.50.160 of the Bozeman Municipal Code, as requested by the Lodge Family Trust under Application No. Z-951 04, to allow construction of a 550 ~ -square-foot addition to an existing house which encroaches 5 feet into required 8-foot side yard setback on the south one-half of Lot 4, all of Lot 5, and the northern 28 feet of Lot 6 except 6 feet off the east end, . Block E, Rouse's 2nd Addition. The subject site is more commonly located at 312 South Church Avenue. Mayor Pro Tempore Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, a dilapidated porch at the rear of the building is to be removed and 09-18-95 -..----..-.-.-.-...--.-.- - - 12 - replaced with a 550:t:-square-foot bedroom addition. She noted that the subject four-plex, which was constructed as a conforming use under the R-3 zoning, has now become a non- conforming use under the 1990 zone map amendment to R-3a. She stated that, under code provisions, the non-conforming structure cannot be increased more than 20 percent in size; and . the number of dwelling units may not be increased. In this instance, the bedroom addition to Unit No.4 does not result in an increase in the number of dwelling units; and it does not result in greater than a 20-percent expansion in area. The Assistant Planning Director stated that the requested deviation is to allow the non-conforming structure, which currently encroaches five feet into the required a-foot side yard setback on the north side. She emphasized the fact that the proposed addition meets the setback requirements. She then noted that staff has reviewed this application in light of the criteria set forth in the zone code; and the staff findings are contained in the written staff report which has been submitted to the Commission. Assistant Planning Director Arkell noted that the Design Review Board conducted its review of this application at the August 29 meeting and, following review of the application and . the staff report, taking into consideration the criteria for review, the Board forwarded its recommendation for approval. She noted that during that meeting, staff was directed to review the off-street parking available on the site, particularly in light of a letter from one of the neighbors expressing concern about the on-street parking congestion in the area during summer activities, such as open hours for the swimming pool and the Farmers' Market at Bogert Park. She noted that a review of the subject site has revealed that there is adequate space on the site for off-street parking. She noted that, while staff does not recommend it, the Commission could approve this application with the condition that a paved and striped parking area be provided on the site to accommodate nine parking spaces. The applicant was not present, although the Assistant Planning Director stated that she had notified them of this meeting. . No one was present to speak in opposition to the requested deviation. Responding to the Mayor Pro Tempore, each of the Commissioners stated support for staff's position that an off-street parking area not be required. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 09-18-95 - 13 - 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 Stiff, seconded by Commissioner Vincent, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.50.160 . of the Bozeman Municipal Code, as requested by the Lodge Family Trust under Application No. Z-95104, to allow construction of a 550::t -square-foot addition to an existing house which encroaches 5 feet into required 8-foot side yard setback on the south one-half of Lot 4, all of Lot 5, and the northern 28 feet of Lot 6 except 6 feet off the east end, Block E, Rouse's 2nd Addition. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. Public hearina - COA with deviation from Section 18.18.050 to allow 16-foot bv 16-foot addition and existina house to encroach 3 feet into reauired a-foot side vard setback - Lot 1. Tract 4. Babcock and Davis Subdivision - Gregory and Kathryn Beardslee. 221 North Church Avenue (Z-95102) This was the time and place set for the public hearing on the Certificate of . Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as requested by Gregory and Kathryn Beardslee under Application No. Z-95102, to allow construction of a 16-foot by 16-foot addition to an existing house to encroach 3 feet into required 8-foot side yard setback on Lot 1, Tract 4, Babcock and Davis Subdivision. The subject site is more commonly located at 221 North Church Avenue. Mayor Pro Tempore Stueck opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated that under this application, the applicant proposes to construct a 16-foot by 16-foot basement and ground level addition and a 33-foot by 18-foot second floor addition to the historic structure located at 221 North Church Avenue. He stated that the addition represents a . continuation of a wall of the existing house, which encroaches 3 feet into the required 8-foot side yard setback. He noted that staff has reviewed this application in light of the criteria set forth in the zone code; and the staff findings are contained in the written staff report. He noted that the Design Review Board considered the findings contained in the staff report when reviewing this application at the September 5 meeting. As a result of that review, and based 09-18-95 --- --- - 14 - on the determination that the application would have no adverse effect on adjacent properties and because of the lack of adverse public comment, the Board forwarded its unanimous recommendation for approval. Mr. Greg Beardslee, applicant, stated that, due to suggestions received from one of . his neighbors, he intends to move the window and the window well from the north side of the house, where the encroachment into the side yard exists, to another wall. He also noted that, with the relocation of that window, he plans to put in a second window which also meets egress requirements. He then indicated a willingness to respond to questions. Responding to Commissioner Youngman, Associate Planner Morris stated that the proposed relocation of the basement window and addition of a window and window well does not affect the aesthetics of the structure and, therefore, has no measurable effect on the Design Review Board's recommendation or Commission action. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Pro Tempore Stueck 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 Vincent, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as requested by Gregory and Kathryn Beardslee under Application No. Z-951 02, to allow construction of a 16-foot by 16-foot addition to an existing house to encroach 3 feet into required 8-foot side yard setback on Lot 1, Tract 4, Babcock and Davis Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. . Public hearim;J - COA with deviation from Section 18.18.050 to allow relocation. stabilization and conversion of existing barn into aaraae to encroach 5 feet into reauired a-foot side yard setback - Lot 4 and 5. Block 18. Park Addition - Martin and Marv Hamilton. 309 South 6th Avenue (Z-95100) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as 09-18-95 --- - --- --------- - 15 - requested by Martin and Mary Hamilton under Application No. Z-95100, to allow relocation, stabilization and conversion of existing barn into garage to encroach 5 feet into required 8-foot side yard setback on Lots 4 and 5, Block 18, Park Addition. The subject site is more commonly located at 309 South 6th Avenue. . Mayor Pro Tempore Stueck opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report on behalf of Senior Planner Dave Skelton. She stated that under this application, an existing barn on the property is to be moved a few feet to the northeast of its current location, and is to be converted to a garage with upstairs storage area. At some time in the future, the applicant may go through the necessary process to convert that storage area to a studi%ffice; however, that is not a part of the application under consideration at this time. Under this application, the garage would meet required setbacks from the rear property line; however, it would encroach five feet into the required side yard on the north side of the parcel. The Assistant Planning Director stated that the Design Review Board conducted its review of this application at the August 29 meeting, taking into consideration the staff's . findings contained in its written staff report. She noted that one of the recommended conditions of approval was that the proposed plain, paneled double garage door be either changed to two single-garage doors or the design of the double door modified to enhance the character of the structure and minimize visual impacts as well as preserve the historic integrity of the structure. Since that meeting, the applicants have submitted a new drawing, depicting a double-car garage door with small decorative panels; and Senior Planner Skelton has determined that the new design meets the Design Review Board's recommended condition. She then suggested that, based on the staff's acceptance of the new design, the proposed condition could be removed. Mr. Martin Hamilton, applicant, stated that he has talked to neighbors on both sides of his property; and they have verbally forwarded their support for this project. He then . indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. 09-18-95 ---------..------ -------... -- ~- --- - --...- - -_.~-,._.- _. ______......____., ___. .__ ...n . - 16 - 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 18.18.050 of the Bozeman Municipal Code, as requested by Martin and Mary Hamilton under . Application No. Z-951 00, to allow relocation. stabilization and conversion of existing barn into garage to encroach 5 feet into required 8-foot side yard setback on Lots 4 and 5, Block 18, Park Addition, subject to the following conditions: 1. That all improvements to the project will be completed within one (1) year of City Commission approval; and 2. That the applicants obtain a Certificate of Appropriateness from the Planning Director and building permit from the Building Department prior to proceeding with the project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Vincent and Mayor Pro Tempore Stueck; those voting No, none. . Adjournment - 7:18 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Vincent and Mayor Pro Tempore Stueck; those voting No, none. c!)~? ~ DON E. STUECK Mayor Pro Tempore ATTEST: .~~.~I~ Clerk of the Commission 09-18-95 -.- ..--------------