HomeMy WebLinkAboutFish Garage Certificate of Appropriateness with Deviations #Z-08051Commission Memorandum
Memorandum created on April 16, 2008
REPORT TO: Honorable Mayor & City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Fish Garage Certificate of Appropriateness with Deviations - #Z-08051
MEETING DATE: Monday, April 21, 2008
RECOMMENDATION: Support all deviation requests, and approve the Fish Garage Certificate of
Appropriateness with Deviations application with the conditions of approval recommended by Staff
(beginning on page 7 of the staff report).
BACKGROUND: Vicki Fish, property owner of 710 East Aspen Street, submitted a Certificate of
Appropriateness with Deviations application to the Department of Planning & Community Development
on March 25, 2008. The application is requesting the following alterations to the property located at 710
East Aspen Street: 1) demolition of the existing one-story detached garage and 2) new construction of a
two-story detached garage with an upstairs studio space.
Two deviations are requested with this application. Both are from Section 18.38.050 “Accessory
Buildings, Uses and Equipment,” to allow the new detached garage exceed the height of the principal
building and exceed the height of one and a half stories.
Planning Staff recommends conditional approval of said Certificate of Appropriateness with Deviations
application. The proposed two-story detached garage floor addition is found to be subordinate to the
existing house, despite that it is approximately three feet taller at the highest roof pitch. The proposed
location to the side and rear of the existing house helps diminish the scale and massing of the detached
garage. All work proposed is in conformance with the Unified Development Ordinance and the Bozeman
Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District.
UNRESOLVED ISSUES: Planning Staff is not aware of unresolved issues regarding this project.
FISCAL EFFECTS: The application includes public improvements that will be the responsibility of the
property owner and applicant.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Allyson Bristor at abristor@bozeman.net if you have any questions prior to
the public meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
FISH GARAGE COA/DEV FILE #Z-08051
Item: Zoning Application #Z-08051, requesting the following
alterations to the property located at 710 East Aspen Street: 1)
demolition of the existing one-story detached garage and 2)
new construction of a two-story detached garage with an
upstairs studio space. Said property is zoned as “NEHMU”
(Northeast Historic Mixed Use District) and is located within
the Neighborhood Conservation Overlay District.
Owner/Applicant: Vicki Fish
710 East Aspen Street
Bozeman, MT 59715
Date & Time: City Commission Public Hearing: Monday, April 21, 2008 at
6:00 p.m., in the Community Room of the Gallatin County
Courthouse, 311 West Main Street, Bozeman, MT 59715.
Report By: Allyson C. Bristor, AICP
Associate Planner
Recommendation: Support all deviation requests with conditional approval
PROPOSAL & BACKGROUND
Vicki Fish, property owner of 710 East Aspen Street, submitted a Certificate of Appropriateness
with Deviations application to the Department of Planning & Community Development on
March 25, 2008. The application is requesting the following alterations to the property located at
710 East Aspen Street: 1) demolition of the existing one-story detached garage and 2) new
construction of a two-story detached garage with an upstairs studio space.
Two deviations are requested with this application. Both are from Section 18.38.050 “Accessory
Buildings, Uses and Equipment,” to allow the new detached garage exceed the height of the
principal building and exceed the height of one and a half stories.
PROJECT LOCATION
The subject property is located at 710 East Aspen Street and is legally described as Lots 4 and 5,
Block 101, Northern Pacific Subdivision, City of Bozeman, Gallatin County, Montana. The
property is zoned as NEHMU (Northeast Historic Mixed Use District) and is located within the
Neighborhood Conservation Overlay District.
Please see an aerial image of the property on the following page.
#Z-08051 Fish Garage COA/DEV Staff Report 1
ZONING DESIGNATION & LAND USES
The subject property is zoned “NEHMU” (Northeast Historic Mixed Use District) and the intent
of such a zoning district is to provide recognition of an area that has developed with a blend of
uses not commonly seen under typical zoning requirements. The unique qualities and nature of
the area are not found elsewhere in Bozeman and should be preserved as a place offering
additional opportunities for creative integration of land uses.
The intent of this area is to allow private and case by case determination of the most appropriate
use of land in a broad range of both nonresidential and residential uses. Standards for buffering
between different land uses are deliberately not as high as that elsewhere in the community as it
is assumed that persons choosing to locate in this area are aware of the variety of possible
adjacent land uses and have accepted such possibilities as both acceptable and desirable. It is
expected that the lots within this district will continue to develop under a variety of uses which
may increase or decrease in scope in any given portion of the district.
The clear intent of this district is to support a mix and variety of nonresidential and residential
uses. Authorized uses for the NEHMU include a blend of those uses allowed in “R-2” (Two-
Household, Residential Medium Density District) and “M-1” (Light Industrial District),
excluding adult businesses and casinos.
The subject property is surrounded by the following land uses:
North: Industrial grounds, zoned as “M-1” (Light Manufacturing District);”
South: Residential structures, zoned as “NEHMU;”
East: Residential structure, zoned as “NEHMU;”
West: Industrial structures, zoned as “NEHMU.”
Please see the below zoning map.
#Z-08051 Fish Garage COA/DEV Staff Report 2
GROWTH POLICY DESIGNATION
The development proposal is in general conformance with the Bozeman 2020 Community Plan
including the “Industrial” land use designation. This classification provides areas for the heavy
uses which support an urban environment such as manufacturing, warehousing, and
transportation hubs. Development within these areas is intensive and is connected to significant
transportation corridors. In order to protect the economic base and necessary services
represented by industrial uses, those which would be detrimentally impacted by industrial
activities are discouraged. Although use in these areas is intensive, these areas are part of the
larger community and should meet basic standards for landscaping and other site design issues
and be integrated with the larger community. In some circumstances, uses other than those
typically considered industrial have been historically present in areas which were given an
industrial designation in this growth policy. Careful consideration must be given to public
policies to allow these mixed uses to coexist in harmony.
REVIEW CRITERIA & FINDINGS
Section 18.28.050 “Standards for Certificates of Appropriateness”
Section 18.28.050 specifies the required standards for granting Certificate of Appropriateness
approval. Planning Staff evaluated the applicant's request under the standards and offers
comments below.
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
#Z-08051 Fish Garage COA/DEV Staff Report 3
listed below. Overall, Planning Staff finds the proposal meeting the Standards’
guidelines.
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 proposed two-story detached garage is taller than the existing house by
approximately three feet. A shed roof shape is proposed. Staff believes this shape
helps to reduce the two-story massing of the detached garage. At the lower point in
the shed roof, the height of the garage is 16 feet, which is just two inches higher than
the existing house.
2. Proportions of doors and windows;
The proposed proportion of doors and windows is found appropriate for an accessory
structure.
3. Relationship of building masses and spaces;
The two-story height of the detached garage is subdivided with one-story modules
along the west elevation. Staff believes this helps to reduce the visual appearance of
the two-story height.
The garage is located to the side and rear of the existing house, which is appropriate
for detached accessory structures.
3. Roof shape;
A shed roof shape is proposed for the detached garage. The surrounding
neighborhood is industrial in character and several shed and flat shape roof forms
exist.
4. Scale;
Staff believes the shed roof shape helps to reduce the two-story scale of the detached
garage.
5. Directional expression;
The front of the garage, which is viewed from the Aspen Street, is just 16 feet wide.
The length and bulk of the structure extends the length of the lot.
6. Architectural details;
The architectural style proposed for the two-story detached garage will be similar to
the existing house.
#Z-08051 Fish Garage COA/DEV Staff Report 4
7. Concealment of non-period appurtenances, such as mechanical equipment;
All mechanical equipment proposed with the restaurant use shall be concealed per the
provisions of the B.M.C.
8. Materials and color scheme.
A color palette for the proposal that includes actual material samples and color chips
shall be submitted for review and approval by the Department of Planning prior to
issuance of a building permit. The materials/color palette shall be presented on a
board no larger than 24” x36” and contain all the primary materials to be utilized on
the building including windows and doors (entry and garage). All final building
elevations shall be keyed to the color palette to delineate where each individual
building material and color is specified.
C. Contemporary, non-period 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 proposed design of the two-story detached garage is found compatible with the
foregoing elements of the existing house.
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.
Chapters 2 and 3 of the Design Guidelines for the Neighborhood Conservation Overlay
District apply to this project. Staff’s comments are included below.
Chapter 2
B. Street Patterns
Guideline:
1. Respect historic settlement patterns. The proposed location of the two-story
detached garage is relatively the same as the existing detached garage.
F. Building Form
Guideline:
1. Use building forms that are similar to those seen traditionally on the block.
The proposed shed roof shape is appropriate for the industrial character of the
surrounding neighborhood.
#Z-08051 Fish Garage COA/DEV Staff Report 5
Chapter 3
B. Building Mass and Scale
Guideline:
3. On larger structures, subdivide larger masses into smaller “modules” that
are similar in size to single household residences seen traditionally. The
two-story height of the detached garage is subdivided with one-story modules
along the west elevation. Staff believes this helps to reduce the visual
appearance of the two-story height.
D. Secondary Structures
Guideline:
2. Locate secondary buildings to the rear of the lot. The proposed two-story
detached garage is located to the side and rear of the existing house.
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;
The proposed location of the two-story detached garage is relatively the same as the
existing garage. The only difference is an extension in length and addition of height.
The industrial character of the surrounding neighborhood supports the shed roof shape
proposed for the two-story detached structure. Staff believes this shape helps to reduce
the two-story massing of the detached garage. At the lower point in the shed roof, the
height of the garage is 16 feet, which is just two inches higher than the existing house.
It is the determination of the Historic Preservation Office and ADR Staff that, with
conditions of approval, the project generally meets Criteria A of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Ordinance, B.M.C.
B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
Staff believes the proposal will have minimal adverse effect on abutting properties. The
shorter side of the two-story detached structure is proposed along the neighboring
property. It is proposed to the rear of the lot, minimizing the effect on the existing house.
It is the determination of the Historic Preservation Office and ADR Staff that, with
#Z-08051 Fish Garage COA/DEV Staff Report 6
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, B.M.C.
C. Modifications shall assure the protection of the public health, safety and general
welfare.
Some of the conditions of approval address the protection of public health, safety, and
general welfare, including the lighting requirements for the building and signage.
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, B.M.C.
PUBLIC COMMENT
This application was publicly noticed in the Bozeman Daily Chronicle and posted on-site in early
April 2008. The Department of Planning & Community Development did not receive public
comment in regards to this project.
RECOMMENDED CONDITIONS OF APPROVAL
Staff reviewed the Certificate of Appropriateness application with two deviations, against the
criteria set forth in the Bozeman Municipal Code. Based on the evaluation of the criteria and
findings by Planning Staff, conditional approval of the application is recommended.
Conditions of Approval
1. Under no circumstance shall a kitchen (stove, refrigerator, etc.) and affiliated electrical
outlets be added to the second story studio space.
2. The applicant shall attempt to salvage structurally sound materials of the existing
detached garage. Proof of salvaging efforts shall be submitted to the Department of
Planning & Community Development (for example, copy of newspaper classified ad
selling/giving away materials).
3. A color palette for the proposal that includes actual material samples and color chips shall
be submitted for review and approval by the Department of Planning prior to issuance of
a building permit. The materials/color palette shall be presented on a board no larger than
24” x 36” and contain all the primary materials to be utilized on the building including
windows and doors (entry and garage). All final building elevations shall be keyed to the
color palette to delineate where each individual building material and color is specified.
4. If a new drive approach is proposed, it shall be constructed in accordance with the City's
standard approach (i.e., concrete apron, sidewalk section and drop-curb). A City Curb
Cut and Sidewalk Permit shall be obtained from the Engineering Department prior to
issuance of a building permit.
The applicant must comply with all provisions of the Bozeman Municipal Code that are
applicable to this project, including the following:
#Z-08051 Fish Garage COA/DEV Staff Report 7
#Z-08051 Fish Garage COA/DEV Staff Report 8
Code Provisions
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.
Per Section 18.64.100.F, the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval, or said approval shall become null and void.
Please call the Building Department at 406-582-2375 for more information on the
building permit process.
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.
CONCLUSION
Planning Staff recommends conditional approval of said Certificate of Appropriateness with
Deviations application. The proposed two-story detached garage floor addition is found to be
subordinate to the existing house, despite that it is approximately three feet taller at the highest
roof pitch. The proposed location to the side and rear of the existing house helps diminish the
scale and massing of the detached garage. All work proposed is in conformance with the Unified
Development Ordinance and the Bozeman Design Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District.
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 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, any revised/additional 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
CC: Vicki Fish, 710 East Aspen Street, Bozeman, MT 59715