HomeMy WebLinkAboutResolution No. 4103 Delaney Tax Abatement Sao
Commission Memorandum
REPORT TO: I lonorable Mayor& City Commission
FROM: The Bozeman I listoric Preservation Advisory Board
Courtney Kramer,Assistant Planner for Historic Preservation&Staff Liaison to the 131 IPAB
SUBJECT: Delaney Tax Abatement for Historic Preservation Commission Resolution
MEETING DATE: ;Monday,May 19,2008
RECOMMENDATION: :Approve Commission Resolution Number 4103 authorizing the tat benefits set forth in 15-
24-1601 Montana Code Annotated and City Commission of the City of Bozeman Resolution number 2766 for those
improvements made through preservation,restoration,rehabilitation and reconstruction of the property at 415 South
Willson Aven ue,a property wluch contributes to the Bon Ton I listoric District,on the National Register of 1 listoric
Places,for a period of three years.
BACKGROUND: On January 22,2008 the Bozeman City Commission voted 4-1 to abate one hundred percent of the
increase in rases for the property at 415 South Willson avenue,effective 2008 for a duration of three years,as authorized
by 15-24-1601 Montana Code annotated and City Commission of the City of Bozeman Resolution number 2766,for a
period of three years.Per the State Statutes,the:Montana Department of Revenue cannot process the request unless it is in
the form of a Commission Resolution.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues at this time.
FISCAL EFFECTS: In 2006,before alteration,the property at 415 South Willson Avenue was assessed$13,454 in
Total Taxable Value. In 2007 the property was assessed$21,478 in Total Taxable Value,an increase of 60"o. Under
state statute the tax abatement offers to pause taxes paid on mills levied for local government and schools. In 2006 the
property was assessed$6,283.04 in Public Safety Taxes,City/Rural Taxes and School Taxes;hypothetically these
assessments would increase by 6011 o as well,meaning the property would pay roughly S 10,052.86 ($6,283 + ($6,283.04 x
.60= $3,769.82). If the abatement is approved,the property would continue to pay the$6,283.04 amount for five years
before seeing an increase in those taxes.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Courtney Framer at ckramer(@bozeman.net if you have any questions prior to the public
meeting.
APPROVED BY: Andrew Epple,Planning Director
Chris Kukuls4 City Manager
Memorandum edited on May 15, 2008
COMMISSION RESOLUTION NO. 4103
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ABATING ONE HUNDRED PERCENT OF THE
INCREASE IN TAXES FROM MICHAEL DELANEY AND ILEANA
INDRELAND FOR THE PROPERTY AT 415 SOUTH WILLSON AVENUE,
EFFECTIVE 2008 FOR A DURATION OF THREE CONSECUTIVE YEARS,
AS AUTHORIZED BY S15-24-1601 MONTANA ANNOTATED ET SEQ.
FOR HISTORIC RESIDENTIAL AND COMMERICAL PROPERTIES
UNDERGOING REHABILITATION, RESTORATION, EXPANSION OR
NEW CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY
S15-24-1605 AND/OR 15-26-1606, AS WELL AS CITY COMMISSION OF
THE CITY OF BOZEMAN, MONTANA,RESOLUTION NO. 2766.
WHEREAS,the City Commission determines that it is in the public's interest to encourage the
preservation, restoration, rehabilitation and reconstruction of certified historic, commercial and
residential properties or new construction that meets design review criteria compatible with an historic
district by conferring said tax benefits on improvements from those preservations, restorations,
rehabilitations and reconstructions involving certified historic properties and districts; and
WHEREAS, on November 26,2007 the City of Bozeman received a request for tax abatement
for historic preservation from Michael Delaney and Ileana Indreland for the rehabilitation, restoration
and expansion of their residence at 415 South Willson Avenue, Bozeman, Gallatin County, Montana;
and
WHEREAS, the Montana Historical and Architectural Inventory indicates the property at 415
South Willson Avenue contributes to the Bon Ton Historic District on the National Register of Historic
Places and is potentially eligible for independent listing on the National Register of Historic Places for its
association with Doctor James F. Blair; and
WHEREAS, the restoration and expansion of the property received a Certificate of
Appropriateness with Deviations from the City of Bozeman's Department of Planning and Community
Development on June 9, 2006; and
WHEREAS, on November 29, 2007 the Bozeman Historic Preservation Advisory Board
reviewed the application for tax abatement for historic preservation under 15-24-1601 Montana Code
Annotated and City Commission of the City of Bozeman Resolution No. 2766, as well as the Secretary
of the Interior's Standards for Historic Preservation and requirements for federal tax credits for historic
preservation, and found the addition to the west of the structure disqualified the property for tax
abatement because the addition altered the historic character of the building, and so voted 5-4 to advise
the City Commission to deny the Delaney Tax Abatement application; and
WHEREAS, on January 22, 2008 the City Commission of the City of Bozeman, Montana,
reviewed the tax abatement application and found that although the property did not meet all ten of the
Secretary of the Interior's Standards for Historic Preservation, the property had undergone significant
reinvestment, and the City Commission voted 4-1 to abate one hundred percent of the increase in taxes
for the property at 415 South Willson Avenue, as authorized by 15-24-1601 Montana Code Annotated
and City Commission of the City of Bozeman Resolution No. 2766, effective 2008 for a duration of three
consecutive years.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana does hereby approve the tax benefits set forth in said statutes for those improvements made
through preservation, restoration, rehabilitation and reconstruction of the property at 415 South Willson
Avenue, a property which contributes to the Bon Ton Historic District, on the National Register of
Historic Places, effective 2008 for a duration of three consecutive years.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 191h day of May 2008.
KAAREN JACOBSON
Mayor
ATTEST:
STACY ULMEN
City Clerk
2
APPROVED AS TO FORM:
PAUL J. LUWE
City Attomey
3