HomeMy WebLinkAbout08-12-08 Board of Adjustment Minutes.docBOARD OF ADJUSTMENT
TUESDAY, AUGUST 12, 2008
MINUTES
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:04 p.m. in the downstairs City Commission Meeting room, 411 East Main Street, Bozeman, Montana and
directed the secretary to record the attendance.
Members Present Staff Present
Patricia Jamison Allyson Bristor, Associate Planner
JP Pomnichowski Courtney Kramer, Assistant Planner
Richard Lee Tara Hastie, Recording Secretary
Dan Curtis
Ed Ugorowski
Ed Sypinski
Members Absent
David Wright
Visitors Present
Jim Olson
Hunter Lacey
ITEM 2. MINUTES OF JULY 8, 2008
MOTION: Mr. Sypinski moved, Mr. Curtis seconded, to approve the minutes of July 8, 2008 with corrections. The motion carried 6-0. Those voting aye being Chairperson Pomnichowski,
Vice Chairperson Ugorowski, Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison; those voting nay being none.
ITEM 3. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Board Of Adjustment, not on this agenda. Three-minute time limit per speaker.}
There was no public comment forthcoming.
ITEM 4. PROJECT REVIEW
1. King Garage/Guesthouse COA/DEV #Z-08116 (Kramer) (Cont. from 7/8/08.)
419 North Black Avenue
* A Certificate of Appropriateness application with Deviations to allow the construction of a garage with a roof height of 22', a footprint of 28' X 26', and related site
improvements.
Assistant Planner Courtney Kramer presented the Staff Report noting she had received written public comment from Robert Pertzborn; she presented the BOA with that public comment. She
explained the proposal included a request for three Deviations; to allow the proposed garage to
exceed the height of the principal structure, to allow the garage to encroach into the required 20’ rear yard setback, and to allow the garage to occupy more than 20% of the lot that
wasn’t occupied by the existing residence. She directed the BOA to the renderings of each elevation of the proposed structure and the proposed site plan. She noted the applicant would
locate the structure at least 11 feet from the alley to provide for the required backing distance. She stated Staff had recommended denial of the project due to the proposed lot coverage
and rear yard encroachment.
Mr. Lee asked if the applicant were willing to reduce the footprint to 600 sq. ft. would the only Deviation be the height. Planner Kramer responded that he was correct.
Mr. Sypinski asked if the applicant had responded to Planner Kramer’s written correspondence regarding compromising with the Planning Department. Planner Kramer responded that there
had not been a written response, but Staff had met with the applicant after the project had been opened and continued from the last meeting of the BOA. She stated the applicant had
provided modified plans that only depicted the relocation of the proposed structure and did not address the other requested Deviations.
Chairperson Pomnichowski asked why the requested height Deviation had been considered insurmountable. Planner Kramer responded that accessory buildings were not allowed to have living
space other than on the second floor and the height request would not allow for the necessary height. Chairperson Pomnichowski asked if the proposal was intended to be a two car garage.
Planner Kramer responded she thought it was intended to be a two car garage.
Jim Olson, applicant, presented the BOA with photographs of the neighborhood adjacent to the site. He noted there had been recent construction in the area and there were buildings that
were located directly on the alley. He noted the first meeting with Planning Staff had been held in April and he had submitted three different site plans from that time forward. He
stated 91 sq. ft. would be lost with the installation of a stairway, which would put the proposed size of the structure at 597 sq. ft. He noted the structure would not be much larger
than the garage that existed in that location and added that he did not see a need for two of the Deviation requests. He stated the only Deviation he could determine would be necessary
was for the height. He stated the front deck existed and the owner just wanted to enlarge it, but not larger than the front façade of the residence. He stated the process was getting
old as he has had to do the same things three or four times. He stated the stair square footage had always been subtracted from the footprint, but maybe that was not the way it was
done anymore.
Vice Chairperson Ugorowski asked for clarification of the square footage of the rear yard. Mr. Olson explained. Vice Chairperson Ugorowski asked the distance used from the principal
building to the alley. Mr. Olson responded he had used 82 ft. which did not include the square footage of the porch.
Chairperson Pomnichowski asked the distance between the garage door and the alley. Mr. Olson responded it had originally been six feet, but they had relocated the structure to provide
eleven feet. Chairperson Pomnichowski asked if it was intended to be a two car garage. Mr. Olson responded it would be a two car garage.
Vice Chairperson Ugorowski asked if a support column was depicted on the plans. Mr. Olson
responded there was a column depicted and a small car would go between the proposed post and staircase.
Chairperson Pomnichowski called for public comment. There was no public comment forthcoming. The public comment period was closed.
Mr. Lee stated he would like to see the structure proposed with a 600 sq. ft. footprint to alleviate the need for one Deviation request as he could not identify any hardship that the
applicant might have. He stated he was supportive of the requested height Deviation.
Mr. Curtis stated he did not feel comfortable with the requested Deviations as he also saw no hardship. He stated he thought the applicant could come up with a workable solution.
Mr. Sypinski stated he agreed with Staff conclusions. He noted the UDO was clear about accessory structures exceeding the principal structure and he was not supportive of that Deviation
request. He stated he did not think the proposal was in keeping with the Design Guidelines for the Neighborhood Conservation Overlay District.
Vice Chairperson Ugorowski stated he agreed with Mr. Sypinski with the exception of the requested height. He stated he did not see a two car garage working as proposed; he added the
stairs did not align from the first to the second floor plan and suggested a decrease in dimensions would bring the overall size of the structure down. He stated he agreed with Mr.
Lee with regard to decreasing the footprint of the proposed structure to 600 sq. ft.
Mr. Lee stated the requested height was not insurmountable; he added he did not think it would be a major problem and would not stand out in the surrounding neighborhood.
Chairperson Pomnichowski noted the site was within the Northeast Neighborhood and that the superior standard of design for that location had not been achieved with the proposal. She
noted the measure for hardship had not been met by the applicant, though she appreciated the amount of time and money that had gone into the proposal so far. She stated she was not
supportive of the requested lot coverage or encroachment Deviations, but she could support the requested height. She noted she was concerned with the backing distance into the alley
and suggested the staircase could be on the back wall to provide more space for the parking stalls.
Vice Chairperson Ugorowski stated that an eight foot floor to ceiling height on the main floor of the garage would cause a clearance issue with beams and the garage door.
MOTION: Mr. Lee moved, Ms. Jamison seconded, to approve the requested porch addition. The motion carried 6-0. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Ugorowski,
Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison; those voting nay being none.
Ms. Jamison asked if the trees would remain on the site. Mr. Olson responded they would remain. He clarified there would be nine feet of space for a parking stall which would allow
enough space for maneuvering and the door would be seven feet high with three feet of space for the opening mechanism. He added he sought clarity in Staff’s decisions regarding the
requested Deviations. Mr. Lee suggested clarifying those issues with the Planning Department.
MOTION: Mr. Lee moved, Ms. Jamison seconded, to approve the requested height Deviation and disapprove the lot coverage and encroachment into the 20 foot required rear yard setback
Deviations requested for King Garage/Guesthouse COA/DEV #Z-08116. Mr. Curtis suggested the height should be specified in the motion. The motion was withdrawn.
MOTION: Mr. Curtis moved, Vice Chairperson Ugorowski seconded, to define the exact height requested with the Deviation at a maximum of 22 feet in height. Chairperson Pomnichowski suggested
she would not be amenable to the current motion. Mr. Sypinski concurred. The motion was withdrawn.
Mr. Sypinski stated he found the approval of the height Deviation to be in conflict with the UDO and the Design Guidelines for the Neighborhood Conservation Overlay District.
Mr. Lee suggested the BOA review the surrounding properties and note that the proposed structure would not stand out or be inappropriate in the context of the rest of the neighborhood.
Ms. Jamison stated she agreed with Mr. Lee as she had driven around the neighborhood extensively.
Chairperson Pomnichowski noted the UDO made allowances for the requested height Deviation. She noted a standard truck was 21 feet long and the maneuvering distance would be a concern.
She stated she considered the plans as proposed as one application while knowing the application would be subject to change and suggested the BOA not provide conditional approval.
She asked the applicant if he would like the proposal acted on as presented or if he would like time to redesign the proposal. Mr. Olson responded he would like time to work with Staff
and was amendable to opening and continuing the project.
MOTION: Mr. Lee moved, Mr. Sypinski seconded, to open and continue King Garage/Guesthouse COA/DEV #Z-08116 to the September 9, 2008 meeting of the BOA. The motion carried 6-0. Those
voting aye being Chairperson Pomnichowski, Vice Chairperson Ugorowski, Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison; those voting nay being none.
2. Bar 3 BBQ Cabaret License CUP/COA #Z-08152 (Bristor)
215 North 7th Avenue
* A Conditional Use Permit Application with a Certificate of Appropriateness to allow the on-premise consumption of beer and wine.
Associate Planner Allyson Bristor presented the Staff Report noting the location of the proposal and the implications of the cabaret license approval. She presented the BOA with renderings
of the existing structure’s elevations and the existing site plan. She noted the restaurant had been approved in 2001 and presented the BOA with that approved plan; she added Staff
conditions 3, 4, and 5 were in regard to direction of traffic, parking lot striping, and signage.
Mr. Curtis asked Planner Bristor if a COA and CUP went hand in hand all the time. Planner Bristor responded they did not and noted that a COA was only required when exterior modifications
were necessary on the site. Mr. Curtis asked if the signage condition pertained to lighting. Planner Bristor responded it was for the lighting as it was currently aimed incorrectly
and would need to be repaired.
Ms. Jamison suggested the word “outdoor” should be removed from Staff condition #10. Mr. Sypinski agreed.
Chairperson Pomnichowski asked why people would not be allowed to turn onto 7th Avenue from the drive thru. Planner Bristor responded the drive isle was too narrow and the previously
approved restaurant’s Final Site Plan depicted the approved site circulation.
Hunter Lacey, applicant, stated the existing lighting was inadequate on the signage anyway and he was willing to comply with the current code requirements. He stated the parking lot
had originally been painted as the Final Site Plan depicted, but it did not work well to have traffic driving back through the site from the drive thru.
Chairperson Pomnichowski called for public comment. No public comment was forthcoming. The public comment period was closed.
Chairperson Pomnichowski asked Mr. Lacey about the parking circulation. Mr. Lacey responded he had not known that he was stepping on toes when he had repainted the parking lot and he
was willing to work with the Planning Department to provide a better method of circulation.
Mr. Curtis asked if there was a specific requirement in the UDO to provide wheel stops. Planner Bristor responded it would be a requirement due to no existing curbing on the site.
MOTION: Mr. Curtis moved, Mr. Sypinski seconded, to approve Bar 3 BBQ Cabaret License CUP/COA #Z-08152 with Staff conditions and the removal of the word “outdoor” in condition #10.
Mr. Lee suggested the removal of Staff conditions 3 and 5 be included in the motion. The motion was withdrawn.
Mr. Curtis moved, Mr. Sypinski seconded, to approve Bar 3 BBQ Cabaret License CUP/COA #Z-08152 with Staff conditions, the removal of the word “outdoor” in condition #10, and the removal
of Staff conditions 3 and 5. The motion carried 6-0. Those voting aye being Chairperson Pomnichowski, Vice Chairperson Ugorowski, Mr. Lee, Mr. Curtis, Mr. Sypinski, and Ms. Jamison;
those voting nay being none.
ITEM 5. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 7:20 p.m.
______________________________
J.P. Pomnichowski, Chairperson
City of Bozeman Board of Adjustment