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HomeMy WebLinkAbout09-09-08 Board of Adjustment Minutes.docBOARD OF ADJUSTMENT TUESDAY, SEPTEMBER 9, 2008 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Pomnichowski called the meeting of the Board of Adjustment to order at 6:02 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 Tara Hastie, Recording Secretary Richard Lee Dan Curtis Ed Ugorowski Ed Sypinski Members Absent David Wright Visitors Present Gary Hefty Ron Oxnam Peter Aegnst ITEM 2. MINUTES OF AUGUST 12, 2008 MOTION: Mr. Lee moved, Mr. Sypinski seconded, to approve the minutes of August 12, 2008 as presented. 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 8/12/08.) 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. At the request of the applicant, King Garage/Guesthouse COA/DEV #Z-08116 was opened and continued to the October 14, 2008 meeting of the BOA. 2. Top Shelf Hockey CUP #Z-08158 (Bristor) 25 B Shawnee Way * A Conditional Use Permit Application to allow the use of an existing structure as a retail hockey pro-shop in an M-1 (Light Manufacturing District). Associate Planner Allyson Bristor presented the Staff Report noting the application was to allow a retail business in a manufacturing district zoning designation. She noted the property was within the I-90 Entryway Overlay District and Staff conditions of approval included standard conditions regarding the parking lot. She stated the trash enclosure would be relocated onto two parking spaces for easier access and the parking was more than adequate for the two uses in the building. She stated the CUP was to allow the use to be more than the 20% allowable for retail in that location. Mr. Sypinski asked Planner Bristor how much over the allowable 20% the proposal was requesting. Planner Bristor responded the total retail proposed for the total floor area would be roughly 40%. Gary Hefty, applicant, joined the BOA. He stated the reason he was there requesting the location was due to the Valley Ice Garden being sold. Mr. Sypinski asked if there would be any changes in signage requested for the proposal. Mr. Hefty responded the signage would remain the same. Mr. Sypinski asked if the lighting plan would be the same. Mr. Hefty responded the lighting plan would remain the same. Chairperson Pomnichowski called for public comment. There was no public comment forthcoming. The public comment period was closed. Mr. Lee stated he did not see a problem with the proposal as it would not cause difficulty in parking. MOTION: Ms. Jamison moved, Mr. Sypinski seconded, to approve Top Shelf Hockey CUP #Z-08158 with Staff conditions. 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. 3. Oxnam Garage COA/DEV #Z-08173 (Bristor) 524 North Black Avenue * A Certificate of Appropriateness Application with Deviations to allow the construction of an accessory dwelling unit above the existing garage and related site improvements. Associate Planner Allyson Bristor presented the Staff Report noting the existing detached garage was being used as storage and the applicant had requested the installation of two roof dormers to allow for an accessory dwelling unit. She noted the Deviations requested were for minimum lot width and the ADU to be more than the allowable 600 sq. ft. in size. She stated Staff had no issue with the proposal, but Staff condition #1 would allow for the inclusion of an egress window and a tempered window. She stated most of the conditions had been imposed by the Engineering Department with regard to sewer and water services. Mr. Sypinski asked if there were requirements for two egress exits. Planner Bristor responded the Building Division required egress in the bedroom, but had also required a tempered window alongside the interior staircase for safety purposes. She added that when a historic home was being renovated, egress windows would be addressed. Mr. Lee asked if the Staff conditions of approval would be required to be met upon BOA approval. Planner Bristor responded Mr. Lee was correct. Vice Chairperson Ugorowski asked if double hung windows had been discussed for the proposal. Planner Bristor responded the applicant had been in discussions with the Building Division regarding the window style and what would be allowable. Chairperson Pomnichowski asked if the water/sewer lines would be extended from the residence forward, or from the alley to the residence. Planner Bristor responded the services were located on Black Avenue and there was an extension built to the garage that had not yet been activated. She stated the Water/Sewer Department would be the final decision on the services. Chairperson Pomnichowski asked the location of utility lines. Planner Bristor responded the utilities were not depicted as they were dealt with during the construction of the garage but they were likely located along the alley. Ron Oxnam, applicant, stated he had spoken with the Building Division and there would need to be a window 5.2 feet in size; he noted the window would meet egress, but the one on the south side was lower than 60 inches so would need to be tempered. Vice Chairperson Ugorowski stated on the single or double hung windows the distance would be too short for a fireman to enter, but a casement window would work well in that location. Mr. Oxnam stated the gas line went along the north side of the building to the alley and along the northeast side of the residence. He stated power was taken from the house to the garage in nearly the center of the property. Ms. Jamison stated she liked the site as it was kept so neatly and asked if the proposal was of Hardiplank and if the existing color could still be purchased. Mr. Oxnam responded it was not Hardiplank but concrete composite, and the color could no longer be purchased. Chairperson Pomnichowski called for public comment. There was no public comment forthcoming. The public comment period was closed. Mr. Sypinski stated he found the application to be appropriate with regard to the Neighborhood Conservation Overlay District design guidelines and he was supportive of the proposal as presented with Staff conditions. Chairperson Pomnichowski stated she agreed with previous BOA comments and noted the proposal was in keeping with the requirements of the Certificate of Appropriateness with Deviations Application process. MOTION: Mr. Sypinski moved, Vice Chairperson Ugorowski seconded, to approve Oxnam Garage COA/DEV #Z-08173 with Staff conditions. 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. 4. Aegnst/Wright Porch COA/DEV #Z-08181 (Bristor) 501 South 3rd Avenue * A Certificate of Appropriateness with Deviations Application to allow the replacement of the balcony and front porch with related site improvements. Associate Planner Allyson Bristor presented the Staff Report noting the residence had been altered significantly and was not in its true original form but was still significant due to its location in the Bon Ton Historic District. She stated the Deviation was requested to allow an increase of 3 feet to the size of the porch. She stated Staff was hoping to see wood or a wood-like appearance material instead of the metal balustrade and columns that were being proposed. She stated Staff had also suggested having the balcony open with railing instead of enclosed with paneling. She stated Staff was overall supportive of the proposal. Mr. Lee asked if TRUX could be used for the wood-like material. Planner Bristor responded Staff was open with regard to the material to be used as long as it resembled the traditional appearance of wood. Ms. Jamison asked for clarification regarding the “visually open” requirement of the balcony. Planner Bristor responded the railing would be sufficient and stated Staff would require the removal of the proposed panels. Peter Aegnst, applicant, stated he appreciated Staff’s endorsement and he understood the need to uphold the historic nature of the neighborhood. He stated he had decided not to use the panels on the balcony so it was a moot point and he had no problem abiding by that condition. He stated he was also fine with submitting the paint colors at a later date. He stated he would like to use the metal for the proposed balustrades due to less maintenance and the fact that there are existing metal bands on the façade that would tie into the balustrades. He stated the flat roof in that location was unusual and it was not a classic historic residence; he added the metal band and flat roof were not historic features and the metal material in the balustrade could relate to the existing metal band. He stated he was fine with Staff conditions with the exception of disallowing metal balustrades. Mr. Lee explained that the BOA could approve the proposal and the applicant would need to work through the proposed metal balustrades with Staff. Mr. Aengst stated his only concern was finishing the project in a timely manner before the onset of bad weather. Chairperson Pomnichowski asked if the balustrades would be white or yellow to match the house. Mr. Aengst responded the balustrades would match the metal band on the residence and would be a brown color, or slightly darker. Vice Chairperson Ugorowski asked the size of the balustrades. Mr. Aengst responded they would be roughly the size of rebar; so an inch in diameter. Mr. Sypinski asked if demolition had commenced. Mr. Aengst responded no major demolition had occurred, just minor investigation work to see what state of deterioration the porch was in currently. Chairperson Pomnichowski called for public comment. There was no public comment forthcoming. The public comment period was closed. Mr. Sypinski stated he agreed with Mr. Lee regarding the approval of the proposal and the materials approval by Staff. Chairperson Pomnichowski stated Staff condition #1 would need to be addressed and suggested it could be removed or modified. Mr. Sypinski suggested amending Staff condition #1 to allow for negotiations with the applicant with regard to the use of metal balustrades. MOTION: Mr. Sypinski moved, Mr. Lee seconded, to approve Aegnst/Wright Porch COA/DEV #Z-08181 with the modification of Staff condition #1 to remove the language “a metal balustrade and”. 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. MOTION: Mr. Sypinski moved, Ms. Jamison seconded, to approve Aegnst/Wright Porch COA/DEV #Z-08181 with amended Staff conditions. 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. Mr. Lee stated he thought the proposal would be a nice change and would make a great addition to the neighborhood. Chairperson Pomnichowski stated she agreed with Mr. Lee and she thought Staff and the applicant would reach an agreement with regard to the balustrades proposed for the porch. ITEM 5. ADJOURNMENT There being no further business before the BOA, the meeting was adjourned at 6:51 p.m. ______________________________ J.P. Pomnichowski, Chairperson City of Bozeman Board of Adjustment