HomeMy WebLinkAboutLindley House Rehabilitiation and New Duplex SiteCommission Memorandum
Memorandum created on May 14, 2008
REPORT TO: Honorable Mayor & City Commission
FROM: Courtney Kramer, Assistant Planner
SUBJECT: Lindley House Rehabilitation and New Duplex, SPCOA/DEV (#Z-08016)
MEETING DATE: Monday, May 19, 2008
RECOMMENDATION: That the City Commission approve the Lindley House Rehabilitation and
Secondary Building Site Plan Certificate of Appropriateness with Deviations (#Z-08016) as conditioned by
Staff.
BACKGROUND: A Site Plan Certificate of Appropriateness application with deviations, requesting the
following exterior alterations the following developments at 406 East Olive Street 1) Rehabilitation of
existing structure from five dwelling units to two dwelling units 2) construction of a second structure with
two dwelling units and 3) related site improvements. Said property is zoned as “R-2” (Residential Two-
Household, Medium Density District) and is located within the Neighborhood Conservation Overlay
District.
A total of three deviations are requested with this application. One deviation from Section18.16.050
“Yards” to allow the proposed secondary duplex to encroach in the rear south yard to within six feet of
the southern property line, where the standard dimension is 20 feet. Two deviations are requested, from
Section 18.42.100 “Watercourse Setback” B 3 to allow the proposed additional duplex, drive aisle and
related site improvements to encroach into the required 75 foot watercourse setback along Sourdough/
Bozeman Creek as well as to allow construction of a detention pond in Zone 1 of a watercourse setback. It
should be noted that the Planning Director had agreed to administratively reduce the 75 foot stream
setback to the minimum of 35’ administratively. The requested deviation would exceed this allowance by
7.5 feet.
UNRESOLVED ISSUES: Planning Staff is not aware of any unresolved issues at this time.
FISCAL EFFECTS: The development, if carried forward, will require site improvements to meet City
standards that will be the responsibility of the applicant.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Courtney Kramer at ckramer@bozeman.net if you have any questions prior to the
public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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CITY COMMISSION STAFF REPORT
Lindley House Rehab & Duplex SP/COA with Deviations FILE #Z-08016
#Z-08016 Lindley House Rehab & Duplex, SPCOA/ DEV
Item: Zoning Application #Z-078016, a Site Plan Certificate of
Appropriateness application with deviations, requesting the
following exterior alterations the following developments at
406 East Olive Street 1) Rehabilitation of existing structure
from five dwelling units to two dwelling units 2) construction of
a second structure with two dwelling units and 3) related site
improvements. Said property is zoned as “R-2” (Residential
Two-Household, Medium Density District) and is located
within the Neighborhood Conservation Overlay District.
Owner/Applicant: Olive Street LLC, 1946 Stadium Drive, Suite 3, Bozeman, MT
Date & Time: City Commission Hearing: Monday, May 19th, 2008,
6:00 p.m., in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, MT 59715.
Report By: Courtney Kramer, Assistant Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is legally described as Lots 1 & 2, Block B of Lindley and Guy’s Addition,
and Lots 11, 12, 13 and the west 10 feet of Lot 10, Block B, Harper’s Addition, City of
Bozeman, Gallatin County, Montana. The property is 8,15,390.472 square feet in lot area, zoned
as “R-2” (Residential Two Household, Medium Density District) and located within the
Neighborhood Conservation Overlay District.
Please refer to the vicinity map below.
PROPOSAL & BACKGROUND
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This is a Site Plan Certificate of Appropriateness application with deviations, requesting the
following exterior alterations: 1) Rehabilitation of existing structure from five dwelling units to
two dwelling units 2) construction of a second structure with two dwelling units and 3) related
site improvements.
A total of three deviations are requested with this application. One deviation from
Section18.16.050 “Yards” to allow the proposed secondary duplex to encroach in the rear south
yard to within six feet of the southern property line, where the standard dimension is 20 feet.
Two deviations are requested, from Section 18.42.100 “Watercourse Setback” B 3 to allow the
proposed additional duplex, drive aisle and related site improvements to encroach into the
required 75 foot watercourse setback along Sourdough/ Bozeman Creek as well as to allow
construction of a detention pond in Zone 1 of a watercourse setback. It should be noted that the
Planning Director had agreed to administratively reduce the 75 foot stream setback to the
minimum of 35’ administratively. The requested deviation would exceed this allowance by 7.5
feet.
ZONING DESIGNATION & LAND USES
The subject property is zoned “R-2” (Residential Two Household, Medium Density District). As
stated in the Bozeman Unified Development Ordinance, the intent of the “R-2” residential
district is to provide for one and two household residential development at urban densities within
the City in areas that present few or no development constraints, and for community facilities to
serve such development while respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Single family household, zoned “R-2”;
South: Bogert Park, zoned “R-2”;
East: Warehouse facility, zoned “R-2”,
West: Single family household, zoned “R-2”
GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 2020 Community Plan including
the “Residential” land use designation. This classification designates places where the primary
activity is urban density living quarters. Other uses that complement residences are also
acceptable, such as parks, low intensity home based occupations, fire stations, churches and
schools. The dwelling unit density expected within this category varies and a variety of housing
types should be blended to achieve the desired density, with large areas of single type housing
discouraged. Additionally, all residential housing should be arranged with consideration given to
the existing character of adjacent development.
Further, the proposed development specifically meets the below Growth Policy goals and
objectives by removing two flood prone apartments from the basement of the existing structure:
5.7.1 Housing–Promote an adequate supply of safe housing that is diverse in type, density,
and location, with a special emphasis on maintaining neighborhood character and stability.
Objective 3. Encourage the preservation and rehabilitation of the existing housing
stock to protect the health, safety, and welfare of Bozeman residents.
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REVIEW CRITERIA & STAFF FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Site Plan against
Section 18.34.090 A of the Zoning Ordinance, as well as Section 18.28.050 “Standards for
Certificates of Appropriateness”, and as a result offers the following summary review comments
below. The findings outlined in this report include comments and recommended conditions
provided by the Development Review Committee (DRC).
Section 18.34.090 A “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission, Planning
Director, DRC, and when appropriate, the ADR staff, the DRB or WRB shall consider the
following:
A. Conformance to and consistency with the City’s adopted growth policy
The proposed development is in conformance with the Bozeman 2020
Community Plan. Thus, planning staff has concluded that this development will
be compatible with the surrounding sites, and will not be detrimental to the health,
safety, and welfare of the community, once the recommended conditions of
approval are satisfied.
B. Conformance to this title, including the cessation of any current violations
Staff has found the application in general compliance with the requirements set
forth in the Zoning Ordinance. Some specific items to be addressed to elements
unique to the project are addressed below. Any areas not addressed in the
applicant’s proposal have been identified as code provisions that must be
addressed on the Final Site Plan. The following code provisions must be
submitted prior to submitting your Final Site Plan or completed with the Final
Site Plan.
§ Per Section 18.02.080 & 18.64.110, the proposed project shall be completed
as approved and conditioned in the Certificate of Appropriateness application.
Any modifications to the submitted and approved application materials shall
invalidate the project's legitimacy, unless the applicant submits the proposed
modifications for review and approval by the Department of Planning prior to
undertaking said modifications. The only exception to this law is repair.
§ Section 18.34.130.A requires the applicant must submit seven (7) copies of a
complete Final Site Plan within six (6) months of preliminary approval
containing all of the conditions, corrections and modifications to be reviewed
and approved by the Planning Office.
§ Section 18.34.130.B states that the applicant upon submitting the Final Site
Plan for approval by the Planning Director, and prior to the issuance of a
building permit, will also submit a written narrative outlining how each of the
above conditions of approval and code provisions have been satisfied or met.
§ Section 18.34.130.D requires that a Building Permit must be obtained prior to
the work, and must be obtained within one (1) year of Final Site Plan approval
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of the master site plan. Building Permits will not be issued until the Final Site
Plan is approved. Minor site surface preparation and normal maintenance
shall be allowed prior to submittal and approval of the Final Site Plan,
including excavation and footing preparation, but NO CONCRETE MAY
BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
§ Section 18.38.050.F requires all mechanical equipment to be screened.
Rooftop equipment should be incorporated into the roof form and ground
mounted equipment shall be screened with walls, fencing or plant materials.
Ground mounted mechanical equipment shall be screened from all public
rights-of-way. Mechanical equipment shall not encroach into required
setbacks.
§ Sections 18.48.050.C, 18.48.050.E, and 18.78.100.C states that the final
landscape plan must meet all of the minimum landscape standards, fulfill the
necessary points (15 points are required) and be signed and certified by a
landscape professional. The location of “landscaped yards” and “parking lot
landscaping” shall be specifically noted on the Landscaping Plan for Final
Site Plan submittal.
§ Section 18.64.100.F states that a building permit shall be obtained within one
year of sketch plan, site plan, or certificate of appropriateness approval, or
said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Planning
Director. In such instances, the Planning Director shall determine that the
terms and circumstances have not significantly changed since the initial
approval.
§ Section 18.64.110 states that no permit or license shall be issued unless the
use, arrangement and construction has been set forth in such approved plans
and applications.
Project Specific Conditions:
§ Per BMC 18.78.080.BThe 100-year floodplain shall be delineated across
the project site where the base flood elevation intersects existing ground.
Any improvements proposed within the floodplain must be approved
through the floodplain permit process prior to construction.
§ Access separation standards of Section 18.44.090.D.3 BMC shall be
satisfied unless a deviation is requested along with the information
required in Section 18.44.090.H BMC.
Standard Conditions/Code Provisions:
§ A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan
for a system designed to remove solids, silt, oils, grease, and other
pollutants must be provided to and approved by the City Engineer. The
plan must demonstrate adequate site drainage (including sufficient spot
elevations), stormwater detention/retention basin details (including basin
sizing and discharge calculations and discharge structure details),
stormwater discharge destination, and a stormwater maintenance plan.
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A drainage easement must be established on the adjacent property and
filed with the County Clerk & Recorder for drainage improvements and
discharge courses located off the subject property.
A stormwater pollution prevention plan shall be provided to protect
Bozeman Creek from sediment loading while construction is in progress.
Identified stormwater controls shall be implemented prior to construction.
§ The FSP shall be adequately dimensioned and labeled with a legend of
linetypes and symbols used provided.
§ Project phasing shall be clearly delineated including phased construction
of required site infrastructure.
§ Easements and R/W located on and adjacent to the site shall be depicted
and labeled appropriately. Distinction between proposed and existing
easements shall be made. Any proposed easements shall be provided prior
to FSP approval.
§ Sewer, water and fire services shall be shown, with sizes labeled, on the
Final Site Plan from main to building and approved by the Water/Sewer
Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
A variance shall be obtained in order to construct the proposed drive
approach within the watercourse setback.
§ The location of existing and proposed water/sewer mains and services
shall be properly depicted, as well as nearby fire hydrants and proposed
hydrants. Proposed utilities shall be distinguishable from existing.
§ Proposed water/sewer mains, services and hydrants shall be depicted on
the landscape plan and maintain a minimum horizontal separation of 10’
to landscape trees and lot lighting improvements.
§ A Street Cut Permit shall be obtained from the Engineering Department
prior to cutting any publicly maintained street.
§ Typical curb details (i.e. raised and/or drop curbs) and typical asphalt
paving section detail shall be provided to and approved by the City
Engineer. Concrete curbing shall be provided around the entire new
parking lot and/or access perimeter and be adequately identified (i.e. drop
vs. spill curb) on the FSP.
§ As per section 18.44.090 UDO access approaches shall be constructed in
accordance with City Standards and be labeled and detailed as such on the
FSP.
§ Per 18.44.080 BMC, City standard sidewalk shall be installed and
properly depicted at the standard location (i.e. 1’ foot off property line)
along all street frontages. Any deviation to the standard alignment or
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location must be approved by the City Engineer. A City Sidewalk and
Curb Cut Permit shall be obtained prior to construction.
Any damaged sidewalk panels along the property frontage shall be
replaced.
§ Street vision triangles shall be depicted in accordance with section
18.44.100 BMC and no plantings or other obstructions shall be located in
the vision triangle in excess of 30” in height above the street centerline
grade.
§ The applicant shall submit a construction route map dictating how
materials and heavy equipment will travel to and from the site in
accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site
developments, or with infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic
follows the approved routes.
A deviation shall be obtained in order to construct the proposed detention
pond within zone 1 of the watercourse setback.
§ All construction activities shall comply with section 18.74.020.A.2 of the
Unified Development Ordinance. This shall include routine
cleaning/sweeping of material that is dragged to adjacent streets. The City
may require a guarantee as allowed for under this section at any time
during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse
the City for all costs associated with the work if it becomes necessary for
the City to correct any problems that are identified.
§ If construction activities related to the project result in the disturbance of
more than 1 acre of natural ground, an erosion/sediment control plan may
be required. The Montana Department of Environmental Quality, Water
Quality Bureau, shall be contacted by the applicant to determine if a Storm
Water Discharge Permit is necessary. If required by the WQB, an
erosion/sediment control plan shall be prepared for disturbed areas of 1
acre or less if the point of discharge is less than 100’ from State Waters.
§ Per 18.02.050 BMC, the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers
shall be contacted regarding the proposed project and any required permits
(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided
prior to FSP approval.
C. Conformance with all other applicable laws, ordinances, and regulations
The proposal will conform to all other applicable laws, ordinances, and
regulations. The plans will be further evaluated against the requirements of the
International Building Code at the time application is made for a Building Permit.
D. Relationship of site plan elements to conditions both on and off the property
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As previously discussed, ADR staff has been working with the applicant to ensure
compliance with the City of Bozeman’s design standards. Please see below
review for “Standards of a Certificate of Appropriateness. All conditions of
approval have been included in this staff report. Please note the deviations
requested would allow encroachment closer to the park, which would expose
users to the impact of the park. The City of Bozeman has standards for park usage
and the applicant is advised of possible noise and privacy issues.
E. The impact of the proposal on the existing and anticipated traffic and
parking conditions
The applicant has depicted parking that fulfills the Ordinance requirement of
18.46, BMC.
F. Pedestrian and vehicular ingress and egress
Two of the requested deviations are to legalize continued use of the drive access
from East Olive Street, which is the only viable location for vehicular ingress and
egress. Pedestrian access is proposed to be provided from the sidewalks to the
north along East Olive Street, as well as from the south along Bogert Park. Staff
has conditioned the easement for public access in order to mitigate the impacts
identified in D and J.
G. Landscaping, including the enhancement of buildings, the appearance of
vehicular use, open space, and pedestrian areas, and the preservation or
replacement of natural vegetation
The current application does not include a landscape plan. This code requirement
is noted under B above and will be satisfied before Final Site Plan approval.
H. Open space
The proposed site plan fulfills the requirements of 18.50, BMC.
I. Building location and height
Please see review below under Section 18.28.050 “Standards for Certificates of
Appropriateness”.
J. Setbacks
Deviations from required setbacks are requested to locate the new construction
closer to the park and within the required stream corridor setback. The City of
Bozeman has reasons to protect those setbacks, as noted in 18.02.040 and
18.42.100, BMC. Section 18.28.070, BMC, notes that conditions may be imposed
to protect the public health, safety, and general welfare. The requested placement
of the building creates a visual encroachment into the park thereby reducing the
functionality of that segment of the park. Staff believes condition of approval
number three mitigates the encroachment into park space by giving residents of
the City of Bozeman a functional, legal, improved connection between Bogert
Park and East Olive Street. The easement provides off-setting area to compensate
for the visually encroached area and clearly establishes the public’s right to use.
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Please see review below under Section 18.28.050 “Standards for Certificates of
Appropriateness”.
K. Provisions for utilities, including efficient public services and facilities
Water and sewer access will come from the established mains on East Olive
Street.
L. Site surface drainage
A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan has been
included as an Engineering provision for Final Site Plan approval.
M. Loading and unloading areas
No loading and unloading areas are proposed with the current site plan.
N. Grading
Minimal grading will be required on the site.
O. Signage
At this time no signage is proposed.
P. Screening
All mechanical equipment shall be screened in accordance with UDO section
18.38.050. This shall include, but not be limited too, air conditioners and electric
panels. All mechanical equipment and screening shall be depicted on the site plan
and landscaping plan for Final Site Plan submittal. This has been included as a
condition for Final Site Plan approval.
Q. Overlay district provisions
Please see review for “Standards for Certificates of Appropriateness” below.
R. Other related matters, including relevant comment from affected parties
No public comment has been received.
S. If the development includes multiple lots that are interdependent for
circulation or other means of addressing requirement of this title, whether
the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to
which the City is a party so that the sale of individual lots will not cause
one or more elements of the development to become nonconforming.
Not applicable
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Section 18.28.050 “Standards for Certificates of Appropriateness”
Section 18.28.050 specifies the required standards for granting Certificate of Appropriateness
approval. In the discussion below, Administrative Design Review (ADR) Staff evaluated the
applicant's request in light of these standards.
A. All work performed in completion of an approved Certificate of Appropriateness
shall be in conformance with the most recent edition of the Secretary of Interior’s
Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995),
published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. (available for review at the Department of Planning).
The Secretary of Interior Standards’ guidelines are considered with the design guidelines
listed below.
B. Architectural appearance design guidelines used to consider the appropriateness
and compatibility of proposed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
upon the following:
1. Height;
The JM Lindley House:
The height of the JM Lindley House will not change.
New Duplex:
The proposed new construction is less in height than the existing structure (Please
also see 4).
2. Proportions of doors and windows;
The JM Lindley House:
The doors and windows of the JM Lindley House will be preserved in their current
location and the project does not propose to enlarge or alter them.
New Duplex:
Windows and doors on the proposed new addition are found to be compatible with
the existing architectural appearance of the JM Lindley House and the surrounding
neighborhood. The proposed windows appropriately echo the hung windows on the
Lindley House and are proposed to be of similar size, pattern, and height of the
ground. The doors proposed on the new construction appropriately mimic the patter
of openings on the JM Lindley House in terms of size and opening.
3. Relationship of building masses and spaces;
The JM Lindley House:
The project proposes to restore and rehabilitate the original building as much as
possible, including removing an inappropriate rear staircase on the south elevation of
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the structure. Doing so will reorient the entrance to the Lindley House to East Olive
Street. The basement space, currently two dwelling units, will be rehabilitated into
shared laundry facilities and storage space; utility functions more historically
appropriate for the property.
New Duplex:
The proposed new construction exceeds the footprint of the existing structure. The
JM Lindley House has a 1,180 square foot footprint and the new building proposes to
add 1,843 square feet of footprint, including laundry facilities, common space and
parking spaces for use by tenants in the JM Lindley House. The proposed design is
lower in height than that of the existing structure and appropriately mimics the
building shapes of the existing structure. The mass is broken up by architectural
features, roof lines and material changes. Staff would like to note, the new structure is
a secondary structure and not an accessory structure.
4. Roof shape;
The JM Lindley House:
The height of the JM Lindley House will not change, and the roof will remain largely
unchanged. Roof alterations are proposed on the southern façade of the structure,
where an inappropriate staircase and roof addition will be removed.
New Duplex:
ADR Staff finds the roof shapes of the proposed design appropriately mimics those
found on the JM Lindley House. Staff believes the roof eves above the garages
appropriately mimic those found on the structure, as well as step down the mass of
the structure. Staff believes the continued ridge lines and eve lines found on the west
elevation of the proposed new construction creates a desirable strong visual tie with
the existing JM Lindley House.
5. Scale;
See comments under “Relationship of building masses and spaces.”
6. Directional expression;
The JM Lindley House:
The proposed removal of the existing staircase on the southern elevation of the JM
Lindley House will successfully re-orient the structure to East Olive Street.
New Duplex:
ADR Staff finds the directional expression of the proposed new construction
appropriate for the site and surrounding neighborhood. The larger windows and doors
on the proposed north and west facing elevations open to a central parking/ courtyard
area.
7. Architectural details;
The JM Lindley House:
Architectural details such as the fascia, rusticated CMU block and windows of the JM
Lindley House will be restored or otherwise replicated and restored.
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New Duplex:
ADR Staff believes the architectural details for the proposed new construction are
appropriate for an additional structure on site. The simplicity of design, which draws
primary horizontal and vertical guidelines from the historic JM Lindley House,
successfully compliments the existing structure while differentiating from the old
with modern materials.
8. Concealment of non-period appurtenances, such as mechanical equipment;
The JM Lindley House:
All mechanical equipment is required to be screened. Ground-mounted equipment
must be screened from all views, by either dense evergreen plant material or a solid
wall. Rooftop mechanical equipment must be fully screened, by either incorporating
the equipment into the roof form or be fully hidden behind a parapet wall.
New Duplex:
All mechanical equipment is required to be screened. Ground-mounted equipment
must be screened from all views, by either dense evergreen plant material or a
solid wall. Rooftop mechanical equipment must be fully screened, by either
incorporating the equipment into the roof form or be fully hidden behind a parapet
wall.
9. Materials and color scheme.
The JM Lindley House:
The materials of the JM Lindley house will not extensively change. The rusticated
Cement Masonry Unit (CMU) block will be corn blasted to remove layers of paint
and repaired with a like material. New paint will be applied to freshen the appearance
of the structure. Replacement windows and doors must be approved by ADR Staff
prior to issuance of a Building Permit (Please see condition of approval number one).
New Duplex:
ADR Staff believes the materials for the proposed new construction successfully
mimic the industrial nature of the Lindley House’s CMU block. The combination of
lap siding corrugated metal and recycled timber framing break up the mass of the
proposed structure. The corrugated metal is primarily proposed on the south
elevation, where it faces Bogert Park, and the east elevation, where it faces a
currently vacant warehouse. The proposed translucent roofing material is addressed in
Condition of Approval number two.
C. Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged when such new construction or additions do
not destroy significant historical, cultural or architectural structures, or their
components, and when such design is compatible with the foregoing elements of the
structure and the surrounding structures.
The JM Lindley House:
The project proposes to restore the JM Lindley House as accurately as possible.
New Duplex:
The proposed new construction does not physically touch the JM Lindley House in
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any way, thus prevents damage to the existing structure. Although the new
construction does propose to increase the lot coverage and build dwelling units in the
rear yard, the property is separated from its western neighbors by Bozeman Creek. A
vacant warehouse is the neighbor to the east and a corner of Bogert Park is to the
south. A reduction from five dwelling units to two dwelling units in the Lindley
House will likely have a positive impact on the neighbors to the north.
D. When applying the standards of subsections A-C, the review authority shall be
guided by the Design Guidelines for the Neighborhood Conservation Overlay
District which are hereby incorporated by this reference. When reviewing a
contemporary, non-period, or innovative design of new structures, or addition to
existing structure, the review authority shall be guided by the Design Guidelines for
the Neighborhood Conservation Overlay District to determine whether the proposal
is compatible with any existing or surrounding structures.
All chapters of the Design Guidelines for the Neighborhood Conservation Overlay
District all apply to this project as the property has been deemed a “neutral” structure in
the Conservation Overlay District. Said guidelines were all considered during ADR
Staff’s architectural review and reflected in the above comments.
E. Conformance with other applicable development standards of this title.
The required criteria for granting deviations are examined in the following section.
Section 18.28.070 “Deviations from Underlying Zoning Requirements”
Section 18.28.070 specifies the required criteria for granting deviations from the
underlying zoning requirements. In the discussion below, ADR Staff evaluated the
applicant's request in light of these criteria.
A. Modifications shall be historically appropriate for the building and site in question,
and the adjacent properties, as determined by the standards in § 18.28.050 of this
chapter, than would be achieved under a literal enforcement of this title;
ADR Staff conditionally supports the applicants request for rear lot setback deviation and
water course deviations. Staff believes the proposed restoration and rehabilitation work to
the JM Lindley House could make the property potentially eligible for listing on the
National Register of Historic Places, as well as fosters a potential East Olive Street
Historic District.
Although the deviations requested are solely for new construction, they do impact the JM
Lindley House. The requested deviation for rear yard setback would allow physical
separation between the JM Lindley House and the proposed new construction, which
prevents an undesirable addition rather than separate building.
The deviations requested for watercourse setback allow the applicant to build a new
structure and to continue using the existing drive access from East Olive Street, as well as
construct a water retention pond for flood prevention. The applicant proposes to
minimize the impact of the drive access by using paving strips rather then a fully
impervious drive access.
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B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
If the proposed construction is enabled by the requested deviations, the footprint of the
new construction will encroach 12 feet into the rear yard, as close as eight feet from
Bogert Park. The new construction would also encroach into the required stream corridor
setback along a section of Bozeman Creek that provides a visual and physical connection
between Bogert Park and downtown Bozeman. Condition of Approval number three is
necessary to mitigate the impacts of the requested deviations from dimensional standards
for rear yards setback and stream corridor setback.
It is the determination of the Historic Preservation Office and ADR Staff that, with
conditions of approval, the project generally meets Criteria B of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Ordinance.
C. Modifications shall assure the protection of the public health, safety and general
welfare.
The reduction of non-conformance with zoning standards, removal of two basement level
apartments which currently lack safety egress and creation of legal public access to
Bogert Park protects the public health and safety while also providing for the general
welfare.
It is the determination of the Historic Preservation Office and ADR Staff that, with
conditions of approval, the project generally meets Criteria C of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Ordinance.
PUBLIC COMMENT
At the time this Staff Report was due the Department of Planning & Community Development
received one letter of public comment, from Ms. Mary B Vant Hull at 416 East Story. It is
included as an addendum.
RECOMMENDED CONDITIONS OF APPROVAL
Staff reviewed the Certificate of Appropriateness application with one deviation, against the
criteria set forth in the Bozeman Unified Development Ordinance. Based on the evaluation of
the criteria and findings by Administrative Design Review Staff, Staff recommends the
following be included as conditions of Final Site Plan for any approval of the above referenced
project:
Conditions of Approval
1. Prior to ADR Staff signing a Building Permit: The applicant shall supply the
Department of Planning & Community Development material samples for
windows and doors proposed to be installed in the JM Lindley House, in order for
Staff to ensure the window and door replacements are appropriate for a historic
structure.
2. Prior to ADR Staff signing a Building Permit: the applicant shall alter the
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#Z-08016 Lindley House Rehab & Duplex, SPCOA/ DEV 14
proposed roofing material over the atrium area of the new duplex to prevent light
pollution and conform to UDO 18.42.150 “Lighting” A 3: “Protect neighbors and
the night sky from nuisance glare and stray light from poorly aimed, placed,
applied maintained or shielded light sources.
3. Prior to Final Site Plan Approval: The applicant shall secure an acceptable
north/south pedestrian access easement, not less than five feet in width, across the
property along the East border in order to provide connectivity from Bogert Park
to East Olive Street and thus mitigate the impact the deviations from the
dimensional standards for yard setbacks has on Bogert Park and the Bozeman
Creek corridor.
4. Prior to Final Site Plan Approval: The applicant shall supply a landscape plan
that is in conformance with UDO Section 18.48 “Landscaping” and ensures
functional, unobstructed use of the north/south pedestrian access easement on the
east side of the property.
5. The applicant shall continue to work with City of Bozeman Planning Staff to ensure all
Preservation, Restoration, Rehabilitation and Reconstruction work completed on the
existing Lindley House will be completed to the Secretary of the Interior’s Standards for
Historic Preservation.
6. Prior to Final Site Plan Approval: The applicant shall clarify the location and height of
the proposed fence along East Olive Street. The proposed fence in this location appears
on some application materials to be six feet in height, while it does not appear on other
application materials. In order to be in conformance with Unified Development
Ordinance Section 18.42.130 “Fences, Walls and Hedges” the fence in the front yard
can not exceed four feet in height.
The applicant must comply with all provisions of the Bozeman Municipal Code that are
applicable to this project, including those identified in this staff report:
CONCLUSION
Administrative Design Review Staff recommends conditional approval of said Site Plan
Certificate of Appropriateness application with Deviations.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
BECAUSE THIS APPLICATION IS FOR A SITE PLAN CERTIFICATE OF
APPROPRIATENESS WITH DEVIATIONS, THE BOZEMAN CITY COMMISSION
SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE DECISION
OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS
SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT
ORDINANCE.
Assuming the Commission grants conditional approval, the revised materials as
conditioned shall be submitted to the Department of Planning & Community Development
within six (6) months from the date of this report for review by ADR Staff. Once the
materials are deemed complete and adequate, your COA certificate (white copy) and notice (pink
copy) will be released for the project.
Encl: Applicant’s Submittal Materials
59
#Z-08016 Lindley House Rehab & Duplex, SPCOA/ DEV 15
Public Comment- Ms. Mary B. Vant Hull
CC: Olive Street, LLC
Attn: John Amsden
1946 Stadium Drive, Suite 3
Bozeman, MT 59715
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