HomeMy WebLinkAboutSketch Plan with Certificate of Appropriateness No. Z-10082 for Demolition and new home at 320 N. Montana Ave..pdf Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Keri Thorpe, Assistant Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: Sketch Plan with Certificate of Appropriateness #Z-10082 for the
Demolition of existing single-family home and construction of new single-family home on an
existing lawfully created non-conforming lot located at 320 N. Montana Avenue, zoned R-2
(Medium Density Residential) and within the Neighborhood Conservation Overlay District.
MEETING DATE: May 24th, 2010
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Staff recommends conditional approval of construction of the single-
family home as proposed in application under file #Z-10082.
BACKGROUND: The existing house is beyond repair. Historic Preservation Staff have
determined that the house is not a contributing structure to the Neighborhood Conservation
Overlay District and the house is not located within a designated historic district. Demolition of
the structure does not require City Commission approval; however, a other factor affecting the
redevelopment of this lot does require action from the Commission:
1.The lot does not meet the current width and area requirements for a single-family home
and
The property owner has proposed demolishing the existing house and building a new home with
essentially the same footprint as the existing.
Per Section 18.60.030.A, Nonconforming Area and Bulk Requirements for Existing Lots, “At
the time of the enactment of the ordinance codified in this title, if any owner of a plot of land
consisting of one or more adjacent lots, as defined in Chapter 18.80, in a subdivision of
record does not own sufficient land within the lot of record to enable him/her to conform to
the minimum lot size requirements, or does not have sufficient lot width to conform to the
minimum lot width requirements, such plot of land may nevertheless be used as a building
site. The lot dimension requirements of the district in which the piece of land is located may
be reduced by the smallest amount that will permit a structure of acceptable size to be built
upon the lot, with such reduction to be determined by the City Commission.”
As such, the construction of a new single family home on this lot requires the approval of the
City Commission. Staff is supportive of construction of the new single family home. Design
review for the issuance of a Certificate of Appropriateness falls under the purview of staff and
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has been deemed appropriate for the Neighborhood Conservation Overlay District. See the
attached Staff Report for additional details.
The application also is affected by Section 18.42.100.B, Watercourse Setback, Setbacks for
Developments Granted Preliminary Plan or Plat Approval On or After July 10, 2002. These
provisions shall apply to all developments granted preliminary plat or plan approval on or
after July 10, 2002.
1. In the event a site with an existing development, that is subject to §18.42.100.A, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably feasible, subject
to any appeal provisions that may apply. Such administrative relief shall not reduce
setbacks below those provided for in Section A. It is the intent of this subsection that full
compliance with the terms of §18.42.100.B, BMC shall be achieved over time without
unduly burdening existing development.
Staff has found the proposal reasonable. A 41-foot watercourse setback for the house is provided
and the proposal removes structures that currently encroach into the “old” 35-foot watercourse
setback. Both the existing and proposed structures lie outside the 100-year floodplain. Since the
City Commission is the approval authority for the construction of the new single family home on
the non-conforming lot, the City Commission is also the approval authority for the requested
watercourse setback.
The conditions of approval for this application begin on page 9 of the staff report.
FISCAL EFFECTS: No material fiscal effect is anticipated
ALTERNATIVES:
1) approval of the application with conditions as recommended by Staff.
2) approval of the application with alternate conditions.
3) denial of the application.
4) as suggested by the City Commission.
Attachments: Staff Report and Application
Report compiled on: May 17, 2010
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City Commission STAFF REPORT
Gleason Demolition and New Construction Sketch Plan COA FILE #Z-10082
#Z-10082 Gleason Demolition and New Construction Sketch Plan Certificate of Appropriateness
Item: Zoning Application #Z-10082, a Sketch Plan Certificate of
Appropriateness application requesting the following
redevelopment at 320 N. Montana Avenue: 1) demolition of a
non-contributing structure within the Neighborhood
Conservation Overlay District; 2) new residential construction
on an existing non-conforming lot which does not meet the area
and width requirements for a single-family dwelling and 3)
requests a reduction from the current 75-foot Bozeman Creek
watercourse setback for the new home. Said property is zoned
as “R-2” (Residential Two-Household, Medium Density
District) and is located within the Neighborhood Conservation
Overlay District.
Owner/Applicant: Tyler Gleason
2701 Annie Street
Bozeman, MT 59718
Representative: Bayliss Architects, PC
202 W. Main Street, Suite 202
Bozeman, MT 59715
Meeting Date & Time: 6:00 pm, Monday, May 24th, 2010 in the Commission Room of
City Hall, 121 North Rouse Avenue, Bozeman, MT
Report By: Keri Thorpe, Assistant Planner
Recommendation: Staff recommends conditional approval of construction of single-
family home as proposed in the attached application
PROJECT LOCATION
The subject property is legally described as the northern 32 feet of southern 50 feet of Tract 2 in
1A, Lot 15 of Beall’s 1st Addition to the City of Bozeman, Section 7, T2S, R6E, P.M.M.,
Gallatin County, Montana and is 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.
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#Z-10082 Gleason Demolition and New Construction Sketch Plan Certificate of Appropriateness 2
PROPOSAL & BACKGROUND
The existing house is beyond repair and needs a new foundation. Historic Preservation Staff have
determined that the house is not a contributing structure to the Neighborhood Conservation
Overlay District and the house is not located within a designated historic district. Demolition of
the structure does not require City Commission approval and normally this application would be
processed administratively; however, a factor affecting the redevelopment of this lot requires
action from the Commission:
1. The lot does not meet the current width and area requirements for a single-family
home.
In addition, the existing house does not meet the required 75-foot watercourse setback for
Bozeman Creek. As shown in the code section below the City Commission, as the final approval
body for the application is responsible to make a determination regarding the allowed relaxation
to the watercourse setback. This relaxation is incorporated directly into the ordinance and does
not constitute a deviation or variance. Therefore, criteria for deviation or variance are not
included with this report.
The property owner has proposed demolishing the existing house and building a new home with
essentially the same footprint as the existing. No deviations are requested with this application.
This application is subject to Section 18.34, Sketch Plan Review and Section 18.28,
Neighborhood Conservation Overlay District and requires a Certificate of Appropriateness.
Regarding factor #1, Per Section 18.60.030.A, Nonconforming Area and Bulk Requirements
for Existing Lots, “At the time of the enactment of the ordinance codified in this title, if any
owner of a plot of land consisting of one or more adjacent lots, as defined in Chapter 18.80,
in a subdivision of record does not own sufficient land within the lot of record to enable
him/her to conform to the minimum lot size requirements, or does not have sufficient lot
width to conform to the minimum lot width requirements, such plot of land may nevertheless
be used as a building site. The lot dimension requirements of the district in which the piece of
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#Z-10082 Gleason Demolition and New Construction Sketch Plan Certificate of Appropriateness 3
land is located may be reduced by the smallest amount that will permit a structure of
acceptable size to be built upon the lot, with such reduction to be determined by the City
Commission.”
As such, the construction of a new single family home on this lot requires the approval of the
City Commission. No deviation request is necessary. The Commission does not need to make
findings for a deviation in order to approve this application. The lot measures 32 feet wide. The
current standard width for single-family lot is 50 feet. The lot area measures 4,764 square feet.
The current standard area is 5,000 square feet.
Staff supports construction of the new single family home. The proposed location of the new
home provides the required front, side and rear yard setbacks for R-2 zoning. The lot coverage is
16.3%, so the proposal is well below the allowable lot coverage of 40%. Design review for the
issuance of a Certificate of Appropriateness falls under the purview of staff and has been deemed
appropriate for the Neighborhood Conservation Overlay District. Additional details from the
ADR staff review are provided on subsequent pages of this report. The proposed new home is a
one-bedroom, so the parking requirement is met with a parallel parking space located on the
street in front of the residence.
Watercourse Setback: Per Section 18.42.100.A, “A. Setback for Developments Granted
Preliminary Plan or Plat Approval Prior to July 10, 2002. These provisions shall apply to all
developments granted preliminary plan or plat approval prior to July 10, 2002, including
applicable subdivision exemptions:
1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. A minimum 35-foot setback shall be provided along both sides of
all other watercourses.
a. A portion of the required setback, immediately adjacent to the ordinary high
water mark, shall be left in a natural vegetative state as follows:
(1) East Gallatin River – 50 feet
(2) Other Watercourses – 5 feet
b. No fence, residential or commercial structure, fill material, parking or other
similar improvements shall be located within required watercourse setbacks.
c. All watercourse setbacks shall be measured from the ordinary high water mark
as defined in §18.80.2160, BMC. When no ordinary high water mark is
discernible, setbacks shall be measured from the top of the streambank.”
Per Section 18.42.100.B, Watercourse Setback, “B. Setbacks for Developments Granted
Preliminary Plan or Plat Approval On or After July 10, 2002. These provisions shall apply
to all developments granted preliminary plat or plan approval on or after July 10, 2002.
In the event a site with an existing development, that is subject to §18.42.100.A, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably feasible, subject
to any appeal provisions that may apply. Such administrative relief shall not reduce
setbacks below those provided for in Section A. It is the intent of this subsection that full
compliance with the terms of §18.42.100.B, BMC shall be achieved over time without
unduly burdening existing development. “
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#Z-10082 Gleason Demolition and New Construction Sketch Plan Certificate of Appropriateness 4
This proposal is subject to Sketch Plan Review under Section 18.34. The “old” standard for the
watercourse setback is 35 feet. The proposal to construct a new home is considered a “Plan”
requesting “approval on or after July 10, 2002”; therefore, it is required to meet the “new”
standard, a 75-foot setback “to the extent reasonably feasible”. In this case, due to the non-
conforming lot width and area, the City Commission is the final approval body for this proposal
including providing “administrative relief” as allowed per Section 18.42.100.B.
Staff has found the proposal reasonable given the existing site conditions. The footprint of the
new single family home closely resembles the existing footprint. A 41-foot watercourse setback
is provided for the new structure and the proposal removes structures that currently encroach into
the 35-foot watercourse setback (the “old” standard). A new concrete pad is proposed to the rear
of the structure but the proposal still results in a reduction of impervious surfaces within the
watercourse setback. Both the existing and proposed structures lie outside the 100-year
floodplain. The applicant has stated that measures will be taken to protect Bozeman Creek from
construction activities.
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: Multi-family residence, zoned “R-2”
South: Single Household Residence, zoned “R-2”;
East: Single Household Residence, zoned “R-2”,
West: Single Household Residence, zoned “R-2”
GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 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.
Review Criteria & Staff findings for 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
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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 house is not a contributing structure in a historic district. The original materials have
not been retained and the structure is in general disrepair. Therefore, demolition of this
structure is acceptable.
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 ridgeline height of the proposed new structure is within the range of heights
found on the block face.
Staff finds the height of the proposed new construction appropriate within the context
of the neighborhood.
2. Proportions of doors and windows;
This block is quite eclectic in character. The lower portion of the new dwelling has a
solid to void ratio similar to the existing structure. The upper portion provides
functional space and is setback from the block face. The lack of windows on the south
and north elevations of the second story does not concern staff.
Staff has deemed this appropriate within the context and character of the
neighborhood.
3. Relationship of building masses and spaces;
Planning Staff finds the massing of the proposed new construction to be appropriate
within the context of the neighborhood. The facade and 1st story reflects the historic
massing and width of the original structure.
The second story construction proposed will be about 40 feet from the street and the
front porch matches the approximate 15 foot front yard setback of the existing
structure and other structures on the block face. The other homes on the block have
similar front yard setbacks.
Planning Staff referenced Chapter Two of the Design Guidelines, item B “Street
Patterns: which notes:
Guidelines:
Respect historic settlement patterns.
• Site a new building such that it is arranged on its site in a way similar to historic
buildings in the area. This includes consideration of building setbacks and open
space.
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Since the existing condition is close to the required 15 foot front yard setback and the
proposed new single family home meets the required 15 foot front yard setback, staff
is supportive of the new single family home as proposed.
4. Roof shape;
The roof shape is appropriate since it reflects the roof shape of the existing structure.
5. Scale;
Please see comments under “Relationship of building masses and spaces.”
6. Directional expression;
The proposed design includes hardi-plank staggered panels to mimic cedar shake
shingles under the gable end and extended eave and posts over the front door that
address the street face like most other properties on this block.
Staff finds the proposed directional expression appropriate within the context of the
neighborhood.
7. Architectural details;
The proposed design is very minimal in its fenestration. Architectural details are kept
principally to the front porch, doors, windows and siding materials.
Please see comments under “Materials and color scheme”.
8. Concealment of non-period appurtenances, such as mechanical equipment;
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All mechanical equipment is required by code to be outside of the front or side yard
setbacks and screened from view.
9. Materials and color scheme;
A materials board to verify materials depicted in the application is a standard
condition of similar applications. Staff is responsible to make the final
determination regarding the proposed materials scheme for the home.
Guidelines: Use building materials that appear similar to those used
traditionally in the area.
• Horizontal lap siding is appropriate in most residential
neighborhoods. Brick and stone are also appropriate in most areas.
• All wood siding should have a weather-protective finish.
• The use of highly reflective materials is discouraged.
New materials that are similar in character to traditional materials may be
acceptable with appropriate detailing.
• Alternative materials should appear similar in scale, proportion,
texture and finish to those used traditionally.
The use of horizontal “hardi-plank” lap siding with a 4-inch reveal and staggered
hardi-plank panel to mimic cedar shake siding in the gable ends is appropriate and
similar to materials used historically in the Neighborhood Conservation Overlay
District.
The vinyl windows and asphalt shingles are proposed with this project. ADR staff
routinely approves asphalt shingles as a roofing material in the historic districts, but
recommends against vinyl windows as replacements for historic windows in
structures. Given that these vinyl windows will be installed in a completely new
structure, staff finds them acceptable.
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 existing structure has not been deemed a historic structure by Preservation Planning
Staff. The demolition of the existing single family home is acceptable. However, no
demolition shall take place until a Building Permit has been granted. This condition is
intended to further ensure that if a structure within the Neighborhood Conservation
Overlay District is to be demolished, new construction will take place as proposed. This
condition is not a reflection of the proposed application; rather, an attempt to prevent a
public nuisance and public safety hazard.
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.
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The Introduction, as well as Chapters One, Two, Three, Four, Five and the Appendix of
the Design Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District apply to this project.
E. Conformance with other applicable development standards of this title.
The required criteria for granting demolition are examined in the following section.
Section 18.28.080 “Demolition or Movement of Structures or Sites within the Conservation
District”
Section 18.28.080 specifies the required criteria for granting demolition or movement of
any structure or site within the conservation district. In the discussion below, ADR Staff
evaluated the applicant’s request in light of these criteria.
A. Applications for the demolition or movement of structures within the conservation
district will not be accepted without a complete submittal for the subsequent
development or treatment of the site after the demolition or movement has
occurred. The subsequent development or treatment must be approved before a
demolition or moving permit may be issued.
The demolition application does include a complete submittal for the subsequent
development of the site should the City Commission approve the application for the new
single-family home.
B. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the
Montana Historical and Architectural Inventory, and are not within recognized
historic districts or in other ways listed on the National Register of Historic Places,
shall be subject to approval by the Planning Director after review and
recommendation of Administrative Design Review staff or Design Review Board as
per Chapters 18.34 and 18.62, BMC, and the standards outlined in §18.28.050,
BMC. The Montana Historical and Architectural Inventory Form shall be reviewed
and, if necessary, updated by the Historic Preservation Planner to reflect current
conditions on the site, prior to the review of the demolition or movement proposal.
The final approval authority for the demolition or movement of structures or sites
described within this section shall rest with the City Commission when proposed in
conjunction with a deviation, variance, conditional use permit or planned unit
development application.
The existing structure has been deemed an intrusive element by the 1984 Montana
Historical and Architectural Inventory and is not within a recognized historic district and
is not listed on the National Register of Historic Places. The demolition is not proposed in
conjunction with a deviation, variance, conditional use permit or planned unit
development application; therefore, the demolition of said structure may be approved by
the Planning Director. In this particular case, construction of a new single family home
relies on the approval from the City Commission for non-conforming lot width and size
that does not meet the standard for new development. Therefore, the City Commission is
the de facto approval authority for the demolition since Section 18.28.080 requires a
redevelopment proposal before demolition may be approved. The application complies.
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C. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as contributing elements by the Montana
Historical and Architectural Inventory, and all properties within historic districts
and all landmarks, shall be subject to approval by the City Commission, through a
public hearing. Notice of the public hearing before the City Commission shall be
provided in accordance with Chapter 18.76, BMC. Prior to holding the public
hearing, the City Commission shall receive a recommendation from Administrative
Design Review staff and the Design Review Board. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the
Historic Preservation Planner to reflect current conditions on the site, prior to the
review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section rests
with the Planning Director since the structure is not contributing.
Not applicable since the structure is not “contributing” to a historic district. However, the
application for demolition was publicly noticed by posting on the site and the
Neighborhood Coordinator was provided with a digital copy of the application to make
available to any neighborhood association member requesting additional information.
PUBLIC COMMENT
No public comment was received on this application prior to the writing of this report. Any
public comment received after the report is submitted will be distributed to the City Commission
prior to or during the meeting.
CONCLUSION
The purpose and intent of the Bozeman Municipal Code 18.28 the Neighborhood Conservation
Overlay District is to:
“Stimulate the restoration and rehabilitation of structures, and all other elements
contributing to the character and fabric of established residential neighborhoods
and commercial or industrial areas. New construction will be invited and
encouraged provided primary emphasis is given to the preservation of existing
buildings and further provided the design of such new space enhances and
contributes to the aesthetic character and function of the property and the
surrounding neighborhood or area. Contemporary design will be encouraged,
provided it is in keeping with the above-stated criteria, as an acknowledged fact of
the continuing developmental pattern of a dynamic, changing community.”
Planning Staff generally advocates for the retention of historic and cultural fabric through
rehabilitation, restoration and reconstruction. The structure proposed for demolition does not
possess historic or cultural significance. The proposed single-family home is appropriate for a lot
that does not meet current lot width and area requirements. The proposal reduces the
encroachment into the watercourse setback for Bozeman Creek. Planning Staff, therefore,
recommends approval of said Sketch Plan Certificate of Appropriateness application with
demolition with the following conditions:
1. The watercourse setback for this property shall be established by the construction of the
new single family home as proposed in this application. No additional encroachments
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beyond what is presented in this application are allowed without approval of deviation(s)
as required by the Bozeman Municipal Code.
2. The Backflow Specialist shall be contacted to arrange a time for an inspection at this
property to determine if the water service has a backflow preventer or not. If it does not
applicant will have a preventer and expansion tanks installed and schedule a follow up
visit after installation of these devices. The Backflow Specialist can be contacted at 582-
3200.
3. This single family home is limited to one bedroom unless the City standards for required
parking change or a deviation is granted for the parking required in conjunction with an
application for additional bedrooms.
4. Any existing city sidewalk panels for this property that are currently damaged or are
damaged during the demolition shall be replaced.
5. In order to prevent public nuisance, the Department of Planning will sign a Demolition
Permit for the existing structure only when a Building Permit application is submitted for
the new construction.
6. The Building Permit application shall include a materials palette for the materials
proposed in the application.
7. The applicant is advised that any work within the delineated 100-year floodplain of
Bozeman Creek shall obtain a floodplain permit prior to commencing work.
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:
§ 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.
§ Per Section 18.38.050. F, all Rooftop mechanical equipment should be screened.
Screening should be incorporated into the roof form when possible. Ground mounted
mechanical equipment shall be screened from public rights-of-way with walls, fencing or
evergreen plant materials. Mechanical equipment shall not encroach into required
setbacks.
§ Per Section 18.42.100.B, “Watercourse Setback”, No newly constructed residential or
commercial structure, addition to an existing structure, fence, deck, fill material (other
than that required for exempt uses), parking lot or other impervious surfaces, or other
similar improvements shall be located within required watercourse setbacks, unless
approved through, and in conformance with, a variance or deviation process as authorized
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in this title.
§ 18.42.150 F “Lighting Specifications for All Exterior Lighting”, In all light fixtures,
the light source and associated lenses shall not protrude below the edge of the light
fixture, and shall not be visible from adjacent streets or properties. For lighting horizontal
areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet
IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral
angle around the fixture).
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 CONSTRUCTION OF A STRUCTURE ON A
LOT THAT DOES NOT MEET CURRENT WIDTH AND LOT AREA STANDARDS
AND DOES NOT MEET THE 75 FOOT WATERCOURSE SETBACK FOR BOZEMAN
CREEK, 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.
If the Commission grants conditional approval, the revised materials as conditioned shall
be submitted to the Department of Planning & Community Development prior to issuance
of a Demolition Permit and within six (6) months from the date of this report for review by
ADR Staff. Once the materials are deemed complete and adequate, the COA certificate (white
copy) and notice (pink copy) will be released for the project.
Encl: Applicant’s submittal materials
CC: Tyler Gleason, 2701 Annie Street, Bozeman, MT 59718
Bayliss Ward, Bayliss Architects, PC, 202 W. Main Street, Ste. 202, Bozeman, MT 59715
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CERTifiCATE Of APPROPRIATNESS CHECKLIST 1
If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District,and
qualifies for review as a Sketch Plan;Reuse,Change of Use or Further Development of a Site Developed Before 9-3-91;or
Amendment/Modification of a Plan Approved On or After 9-3-91,this checklist shall be used.See Section 18.34.050 (Sketch
Plan Review),Section 18.34.150 (Amendments to Sketch and Site Plans)or Section 18.34.170 (Reuse,Change in Use or
Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Tide),BMC.These
checklists shall be completed and returned as part of the submittal.Any item checked '<No"or '<N/A"(not applicable)must
be explained in a narrative attached to the checklist.Incomplete submittals will be returned to the applicant.
\
A.Neighborhood Conservation Overlay District.If a proposed development is located in the Neighborhood
Conservation Overlay District,information shall be provided to the appropriate review authority to review prior to
granting or denying a certificate of appropriateness.The extent of documentation to be submitted on any project shall
be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review
authority to make its determination.At a minimum,the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information .YesNoN/A
L
One current picture of each elevation of each structure planned to be altered and such~00
additionalpicturesofthespecificelementsofthestructureorpropertytobealteredthatwill clearly
expressthenatureandextentofchangeplanned.Except whenotherwise
recommended,nomorethaneightpicturesshouldbesubmitted and all pictures shall bemounted on letter-size sheets and clearly annotated with the property address,elevationdirection(N,S,E,\V)and relevant information2.
Sketch plan,with north at the top of the page,including site boundaries,accurate lot andg)00
buildingareadimensions,streetandalleyfrontageswithnames,andlocationofallstructures with distances to the nearest foot between buildings and from buildings to property lines3.
Historical information,including available data such as pictures,plans,authenticated verbal~00
recordsandsimilarresearchaocumentationthatmayberelevanttotheplannedalteration 4.
Materials and color schemes to be used gJ00
5.
Plans,sketches,pictures,specifications and other data that will clearly express the applicant's12100
proposedalterations 6.
A schedule of planned actions that will lead to the completed alterations IE]00
7.
Such other information as may be suggested by the Planning Department g]00
8.
Description of any applicant-requested deviation(s)and a narrative explanation as to how thej;a00
requesteddeviation(s)willencouragerestorationandrehabilitationactivitythatwillcontribute to the oventll hist01"iccharacter of the community
B.Entryway Corridor Overlay District..If a proposed development is located in the Entryway Corridor Overlay District,
information shall be provided to the appropriate review authority to review prior to granting or denying a certificate
of appropriateness.The extent of documentation to be submitted on any project shall be dictated by the scope of the
planned alteration and the information reasonably necessary for the appropriate review authority to make its
determination.At a minimum,the following items shall be included in the submission:
Entryway Corridor Overlay District Information YesNoN/A
L
Sketch plan,with north at the top of the page,including site boundaries,accurate lot and000
buildingareadimensions,streetandalleyfrontageswithnames,andlocationofallstructures with distances to the nearest foot between buildings and from buildings to property lines2.
Plans,sketches,pictures,specifications and other data that will clearly express the applicant's000
proposedalterations 3.
Such other information as may be suggested by the Planning Department 000
4.
If the proposal includes an application for a deviation as outlined in Section 18.66.050000
(Deviations),BMC,theapplicationf01"deviationshallbeaccompaniedbywrittenandgraphic material sufficient to illustrate the conditions that the modified standards will produce,so astoenabletheCityCommissiontomakethedeterminationthatthedeviationwillproduceanenvironment,landscape quality and character superior to that produced by the existingstandards,and will be consistent with the intent and purpose of Chapter 18.30 (EntrywayCorridorOverlayDistrict),BMC.
Page 3
(Certificate of Appropriateness Checklist 1-Prepared 11/24/03;revised on 9/8/04)
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1.See attached 8.5 x 11 sheets for images.
2.See attached 12 x 18 site plan.
3.Historical information:The structure was constructed in the 1920's and has had
some small porches and sheds attached to the main structure over the decades.
The original building was constructed on three timbers running east to west as a
foundation.The timbers on the exterior of the building have settled due to water
runoff from the roof however the timber located in the center of the building has
not causing the floors of the building to bow and slope to the exterior walls.
Do to the pour foundation of the existing structure and deteriorating roof,the
owner of the property is planning on a full demo of the existing structure and
rebuilding a new building with the addition of a partial second floor that is a
similar style and character of the existing building.Refer to the attached
proposed building elevations for more information.
4.Materials are noted on the attached proposed elevations.A material sample board
may be provided from the owner upon request.
5.See attached 12 x 18 drawings of the proposed structure.
6.The owner is prepared to start construction on the project as soon as all approvals
from the City departments are issued.All required building permits will be
applied for immediately following approval from the planning department.Once
building/demo permits are issued,demolition and construction will start with a
construction timeframe of approx.3 months.If required the owner/contractor will
provide a detailed construction schedule upon request.
7.The owner has decided not to relocate the existing fencing,therefore we have not
included any details for new fencings as was originally requested during the
informal review.
8.Refer to comments under item 3 historical information.Additionally the owner
will be replacing sidewalks that have deteriorated over the years.Existing trees
will be protected during construction.The area of construction will be limited to
the property lot and will not encroach into the previous 35'watercourse setback
around Bozeman Creek.The contractor will take appropriate measures to protect
the creek from construction activities.
PERSON PLACE LIFESTYLE
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