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Commission Memorandum
REPORT TO: Honorable Mayor Krauss and City Commission
FROM: Courtney Kramer, Historic Preservation Officer
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Resolution #4279 granting approval of the Owen/ Sherman Tax
Abatement Certificate of Appropriateness at 404 West Curtiss Street, a property within the
Cooper Park Historic District on the National Register of Historic Places (#Z10160).
MEETING DATE: September 20, 2010
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: Conditional approval of the requested Tax Abatement Certificate of
Appropriateness for 404 West Curtiss Street through adoption of Resolution #4279 granting tax
abatement for a period of twelve construction months and five years for the above referenced
property.
BACKGROUND:
Background of Ordinance 1744, Tax Abatement for Historic Preservation:
In 1989 the State of Montana established Chapter 424 of the laws of 1989 of the State of
Montana, as codified by §15-24-1601 et seq. Montana Code Annotated (MCA), authorized the
governing body of each city or county to confer the tax benefits described by §lS-24-1603 MCA
to qualifying historic commercial or residential properties by resolution establishing the process
for the use of the tax abatement provisions described therein.
The City of Bozeman received few requests for Tax Abatement for Historic Preservation until
2007-2008, when two applications were submitted. The unspecified nature of the standards by
which an application would be approved caused contention and the Commission charged the
Bozeman Historic Preservation Advisory Board (BHPAB) with drafting a more specific
ordinance.
In October 2008 the City Commission adopted Ordinance 1744, Tax Abatement for Historic
Preservation, which specified the procedure for application, project review, and recommendation
by the BHPAB to the Commission and final approval by the City Commission through adoption
of a Resolution. Ordinance 1744 also clarified the regulations a project must satisfy in order to
remain eligible to utilize the tax abatement.
The preamble of Ordinance 1744 elaborates the City of Bozeman’s reasons for offering its
citizens Tax Abatement for Historic Preservation. After noting the economic, cultural,
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environmental and policy benefits of historic preservation, the ordinance “determines that it is in
the public's interest to encourage the rehabilitation, restoration or expansion 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
restorations, rehabilitations, expansions or new constructions involving certified historic
properties and districts.”
Tax abatement holds the property’s taxable value at pre-project levels for up to five years. The
abatement applies to local levies (high school, elementary school, city, county) and not state
levies. For example, if the property owner paid $1,000 in local levies before the project and the
project increased the value of the residence to the extent that the taxable value went from $1,000
to $2,000, the abatement would allow the property owner to continue to only pay $1,000 in local
levies during a 12 month construction period and for five years after the project is completed.
Thus the property owner saves $6,000 ($1,000 increase x six years of abatement) to offset the
costs of the restoration project.
Procedurally, a property owner interested in utilizing the tax abatement must apply for a Tax
Abatement Certificate of Appropriateness through the Department of Planning and Community
Development. Planning Staff evaluates the application for completeness and presents to the
project to the Bozeman Historic Preservation Advisory Board (BHPAB). The ordinance instructs
the BHPAB to recommend approval or denial of an application for tax abatement and report its
recommendation to the City commission. The Commission shall then either approve or deny said
recommendation by Resolution.
It should be noted in reference to the lofty standards for approval established in Ordinance 1744
that a grant of tax abatement is a discretionary act by the City Commission. Tax abatement is to
reward extraordinary efforts in preservation and not minimal compliance with mandatory
standards. Projects may meet the standards for a COA but not the advanced standards for Tax
Abatement.
Further, once the BHPAB has recommended approval of the Tax Abatement to the City
Commission, the Historic Preservation Officer can approve the COA if the project meets BMC
and Ordinance 1744 standards; approval of the tax abatement rests solely with the City
Commission.
Background for the Owen/ Sherman Application for Tax Abatement for Historic Preservation:
In August of 2010 Anne Owen and Cole Sherman submitted the documentation necessary to
pursue tax abatement for their project at 404 West Curtiss Street, in the Cooper Park Historic
District. The project proposes to lift the Queen Anne residence, built circa 1905, from its current
deteriorating ashlar foundation, dig out a larger foundation space, and pour a modern cement
foundation under the existing building before lowering the building back into place. Expansion
of the building’s footprint is not planned with this project.
The project described in the application materials satisfies all the requirements of Bozeman
Municipal Code and Ordinance 1744. The application for Tax Abatement is complete and the
BHPAB has forwarded a recommendation of approval of the full tax abatement.
UNRESOLVED ISSUES: none.
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ALTERNATIVES: The Certificate of Appropriateness has been approved by the
Department of Planning and Community Development, as the project satisfied all requirements
of BMC 18.28, as well as the Standards established in part 3.30.050 of Ordinance 1744. It is
within the Commissions purview to approve, deny or modify the tax abatement, not the overall
COA.
Alternative 1: Modification of the extent of tax abatement to less than 100 % for a period of five
years.
Alternative 2: Modification of the length of tax abatement to 100% at less than five years.
Alternative 3: Denial of the tax abatement.
FISCAL EFFECTS: If granted, the tax abatement will affect the amount of increased taxable
value for the city/county/school districts, for a period of up to five (5) years after construction.
After the abatement period, the city/county/school districts will see the improvements added to
the tax roll.
For the property owner, approximately 80% of the property taxes on these improvements will be
abated for five (5) years.
While significant to the property owner, the amount of tax revenue abated by this one project
will not have significant financial implications for the City. Once the abatement period has
ended, the City will benefit from the increase and improvement to our tax base.
Attachments:
CKramer’s Memo to Commission
CKramer’s Staff Report to Commission
Resolution#4279 greanting tax abatement to the Owen/ Sherwood property at 404 West Curtiss
Street, within the Cooper Park Historic District.
Property owner’s application materials
BHPAB preliminary minutes for August 26, 2010
Ordinance 1744, Tax Abatement for Historic Preservation
Montana Code Annotated 15-24-1603, Part 16
Report compiled on: September 9, 2010
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City Commission STAFF REPORT
Owen/ Sherman Tax Abatement for Historic Preservation #Z-10160
#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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Item: Tax Abatement for Historic Preservation Certificate of
Appropriateness for the property at 404 West Curtiss Street, located
in the Neighborhood Conservation Overlay District within the Cooper
Park Historic District on the National Register of Historic Places.
Property Owner: Anne Owen and Cole Sherman
404 West Curtiss Street
Bozeman, MT 59715
Representative: N/A
Applicant: N/A
Date: City Commission Hearing: Monday, September 20, 2010 at 6:00 p.m.
Commission Meeting Room, Bozeman City Hall, 121 North Rouse
Avenue, Bozeman, Montana.
Report By: Courtney Kramer, Historic Preservation Officer
Recommendation: Conditional Approval and passing of resolution
____________________________________________________________________________________
PROPOSAL
A Tax Abatement Certificate of Appropriateness (COA) application was submitted to the Department of
Planning by property owners Anne Owen and Cole Sherman. The application is requesting tax
abatement for a period of 12 construction months and five years for the property addressed as 404 West
Curtiss Street in conjunction with the planned rehabilitation of the building’s foundation and basement.
The project proposes to lift the Queen Anne residence, built circa 1905, from its current deteriorating
ashular foundation, dig out a larger foundation space, and pour a modern cement foundation under the
existing building before lowering the building back into place. Expansion of the building’s footprint is
not planned with this project.
PROJECT LOCATION
The subject residence is located at 404 West Curtiss Street, and is legally described as Lot 1 A of block
16 of the Park Addition to the City of Bozeman, Gallatin County, Montana. The zoning designation for
said property is R-2 (Residential, Medium Density) and located within the Cooper Park Historic District
and the Neighborhood Conservation Overlay District. Please refer to the vicinity map provided below.
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#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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RECOMMENDATION
The Bozeman Historic Preservation Advisory Board and the Department of Planning and Community
Development reviewed this application and as a result recommend to the City Commission approval of
the Tax Abatement for Historic Preservation by adoption of the corresponding resolution #4279
enabling the tax abatement with the conditions and code provisions outlined in this staff report. The
applicant must comply with all provisions of Title 18, BMC, which are applicable to this project. The
applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law.
RECOMMENDED CONDITIONS OF APPROVAL
The Department of Planning and Community Development Department and the Bozeman Historic
Preservation Advisory Board find that the application, with conditions, is in general compliance with
BMC 18.28 and the specifications of Ordinance 1744, Tax Abatement for Historic Preservation. The
following project specific conditions of approval are recommended:
1. Where the visible foundation is currently stone the new foundation shall have the appearance of
rough ashlar foundation stones through whatever means possible, and granting the Historic
Preservation Officer discretion in evaluating the mechanism for achieving the appearance of
rough ashlar stone on the new foundation.
ZONING DESIGNATION & LAND USES
Said property is zoned as “R-2” (Residential Two Household, Medium Density District) and is located
within the Neighborhood Conservation Overlay District and the Cooper Park Historic District, on the
National Register of Historic Places.
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#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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North: Residence, zoned R-2
South: Residence zoned R-2;
East: Residence, zoned R-2
West: Residence, zoned R-2
REVIEW CRITERIA & STAFF FINDINGS
The Intent and purpose of the Tax Abatement Certificate of Appropriateness is to encourage the
appropriate rehabilitation, restoration and preservation of historic properties which otherwise would not
have been so carefully preserved. It is recognized that a grant of tax abatement is a discretionary act by
the City Commission, Tax abatement is to reward extraordinary efforts in preservation and not minimal
compliance with mandatory standards
The COA was reviewed by the Department of Planning and Community Development and found to be
in conformance with Bozeman Municipal Code 18.28, and thus has already been awarded a Certificate
of Appropriateness and Building Permit. The City Commission is charged with approval of the Tax
Abatement.
Review Criteria Established in Ordinance 1744, Tax Abatement for Historic Preservation:
3.30.040 Procedures:
D: All taxes, assessments and SID obligations on any property proposed for tax abatement
must be current before any tax abatement will be considered.
The application includes information from Gallatin County verifying the property is current.
3.30.050 Standards:
A. The property must meet one or more of the following criteria:
1. The property is individually listed on the National Register of Historic Places
(NRHP)
2. The property is at least 50 years of age and located in an established NRHP historic
district
3. The property is determined by a qualified professional to be eligible for individual
listing in the NRHP. If this criterion is selected the applicant must complete the
necessary steps to list the property on the NRHP prior to the final approval of any
abatement.
The property at 404 West Curtiss Street is listed on the NRHP as part of the Cooper Park
Historic District.
B. Alterations to the properties or structures without City approval and consent with the
requirements of this chapter nullifies the tax abatement qualification.
The property has not been altered without City approval. The property owners are aware that
alterations which negatively affect the property’s contributing status during the period of tax
abatement will disqualify the tax abatement and make the property subject to back taxes under
3.40.040 E of Ordinance 1744.
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#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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C. All standard COA requirements per 18.28 BMC or its successors apply as well as these
further Tax Abatement COA requirements:
1. Additions to existing structures
a. Additions which increase the size of the footprint are limited to no more than a 10
percent increase of the structure’s footprint.
b. Additions must not exceed the height of the existing roofline.
c. Additions are limited to secondary facades and evaluated in the context of the
façade on which the addition is applied.
d. Due to the limited size of the addition no specific similarity or differentiation of
materials is required as referenced in the Secretary of the Interior’s Standards 9
& 10.
The project does not propose an addition or increase in the structure’s footprint.
2. Roof:
a. Shape and material of the existing roof must be preserved unless it can be
demonstrated that a different material is more historically appropriate for the
structure.
b. Dormers will be considered on a case by case basis and must meet the Secretary
of the Interior’s Standards and UDO standards for dormers. Dormers shall be
limited to not more than ½ the length of the existing roofline.
(1) If new dormers are added they must match existing dormers in shape,
style and materials.
No alterations to the roof are proposed with this project.
3. Materials:
a. Windows:
(1) Rehabilitation of viable windows is required through repair,
restoration and reconstruction.
(2) Window replacement requires a professional assessment of the
existing windows.
(3) Window replacement must be historically appropriate and match
historic materials.
(a) Window matching is to the fundamental historic integrity of
the building, which may not be what currently exists.
(4) Historically appropriate storm windows may be applied.
No alterations to the windows are proposed with this project.
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#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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b. Siding:
(1) If historic siding is intact it shall be preserved and restored.
(2) If historic siding is missing, new siding should follow the Department
of the Interior’s guidelines for reconstruction.
No alterations to the siding, other than as needed repair and restoration, is proposed with
this project.
c. Foundation:
(1) Repair and stabilization of existing foundation materials is
encouraged and a primary goal.
(2) Foundation replacement is allowed at the same height or not more
than plus or minus one foot in height of the existing sill plate height.
(3) Foundation replacement requires a professional assessment of the
existing foundation.
(4) If replaced, the exterior of the new foundation shall match the historic
foundation in appearance.
This project proposes to remove the existing ashlar foundation, which is deteriorating due
to poor drainage. Replacement of the foundation will coincide with installation of a
basement space within the existing footprint. The new foundation will be at the same
height, and with the same amount of foundation material showing. As a condition of
approval needed to satisfy c. 4 of this ordinance, the Preservation Board asked that the
property owners work with staff to ensure that the foundation has the appearance of
ashlar stone. The minutes from the Preservation Board’s August 26 meeting have been
included with this packet. Generally, the BHPAB’s thinking in regards to the condition
imposed was as follows:
1. About one third of the current foundation is of visible stone
2. Tax abatement rules require replacement of the foundation in the same
material, or of evocative appearance in another material such as imitative
stone.
3. If commercially available and of minimal additional expense, the property
owners will be required to replace the publicly-visible part of the
foundation in either stone (façade) or, more likely, in concrete cast or
scribed to resemble rough ashlar.
a. This is subject to research, knowledge and assessment of the City
Planning Staff.
4. Among board members attending the range of feeling regarding the
foundation condition ranged from (apparent) indifference or low priority
on the point to strong feeling for honoring this tax abatement requirement
and keeping precedence in anticipation of future applications that will be
more difficult.
d. Roof:
(1) If historic roof material is intact it shall be preserved and restored
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#Z-10160 Owen/ Sherman Tax Abatement COA, 404 West Curtiss Street
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(2) If historic roof material is missing, the new roof should follow the
Department of the Interior’s guidelines for restoration
No alterations to the roof are proposed with this application.
4. Accessory Building: the same parameters apply to accessory buildings as for
primary structures on the property. Demolition of viable accessory buildings within
five years of receiving the tax abatement nullifies tax benefits.
No alterations to the accessory buildings on the property are proposed with this
application.
MUNICIPAL 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.
§ 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 15 foot front yard, five foot
side yard or 20 foot rear yard setback.
§ 18.42.150 F “Lighting Specifications for All 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).
Encl: CKramer’s Memo to Commission
CKramer’s Staff Report to Commission
Resolution#4279 granting tax abatement to the Owen/ Sherwood property at 404 West Curtiss
Street, within the Cooper Park Historic District.
Property owner’s application materials
BHPAB preliminary minutes for August 26, 2010
Ordinance 1744, Tax Abatement for Historic Preservation
Montana Code Annotated 15-24-1603, Part 16
CC: Anne Owen & Cole Sherman, 404 West Curtiss Street, Bozeman, MT 59715
Patricia White, Montana Department of Revenue, 2273 Boot Hill Court, Suite 100
Bozeman, MT 59715-7149
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COMMISSION RESOLUTION NO. 4279
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ABATING ONE HUNDRED PERCENT OF THE
INCREASE IN TAXES FOR A PERIOD OF TWELVE CONSTRUCTION
MONTHS AND FIVE YEARS TO COLE SHERMAN AND ANNE OWEN FOR
THE PROPERTY AT 404 WEST CURTISS STREET AS AUTHORIZED BY
S15-24-1601 MONTANA ANNOTATED ET SEQ. FOR HISTORIC
RESIDENTIAL AND COMMERICAL PROPERTIES UNDERGOING
REHABILITATION, RESTORIATION, 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 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, the City of Bozeman received a request for tax abatement for historic preservation
from Cole Sherman and Anne Owen for the rehabilitation, restoration and expansion of the residence at
404 West Curtiss Street, Bozeman, Gallatin County, Montana, and;
WHEREAS, the Montana Historical and Architectural Inventory indicates the property at 404
West Curtiss Street contributes to the Cooper Park Historic District on the National Register of Historic
Places; and,
WHEREAS, the restoration and expansion of the property received a Certificate of
Appropriateness from the City of Bozeman’s Department of Planning and Community Development on
August 27, 2010; and
WHERAS, on August 26, 2010 the Bozeman Historic Preservation Advisory Board reviewed
the application for tax abatement for historic preservation under 15-24-1601 Montana Code Annotated and
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Resolution No. 4279, Granting Tax Abatement for Historic Preservation to 404 West Curtiss Street
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City Commission of the City of Bozeman Resolution number 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 that with conditions imposed, the nature of the preservation, restoration,
rehabilitation and reconstruction and expansion to be in keeping with all ten of the Secretary of the
Interior’s Standards for Historic Preservation, and voted to advise the City Commission approve the tax
abatement requested with one specific condition; and
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 404 West Curtiss
Street, a property which contributes to the Cooper Park Historic District on the National Register of
Historic Places, for a period of twelve construction months and five years.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 20th day of September, 2010.
______________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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BHPAB Minutes
August 26, 2010
Unadopted Minutes by: Courtney Kramer, Historic Preservation Officer
Members in attendance: Ryan Olson, Jane Klockman, Lesley Gilmore,
Dale Martin, Mark Hufstetler (chair), Lora Dalton, Anne Sherwood
(arrived late), Courtney Kramer (Historic Preservation Officer), Carson
Taylor (Commission Liaison), Tim McHarg (Planning Director).
I. Call to order at 6:28 pm.
II. No minutes to adopt as minutes from the June BHPAB meeting and the July BHPAB/
City Commission joint meeting were not sent to the BHPAB.
III. No ex parte communication reported between BHPAB members and Commissioners.
IV. Introduction of guests:
a. CK introduced Anne Owen and Cole Sherwood, applicants for Tax Abatement for
Historic Preservation for their project in the Cooper Park Historic District at 404
West Curtiss Street.
V. Project Review:
a. Anne Owen explained that refinancing the house lead to the need to redo the
foundation. The rehab project will add a foundation below all of the house,
including the existing remodels and porch additions, but will not expand the
footprint of the building. Anne explains that CK contacted her about the potential
for utilizing the Tax Abatement, and they thought it sounded like a good thing.
b. BHPAB questions:
i. LG asked about the procedure for lifting the house.
1. Cole Sherman responds that they will lift the building in place, dig
out the foundation and additional dirt beneath the building, and set
the structure back down.
ii. LG asked if they’ll keep the stone foundation rocks
1. CS responded that they might use them for landscaping purposes
iii. LG asked if the window wells will be level with grade?
1. AO responds that the window wells will be level with grade.
Perhaps they could reuse the foundation stones to build the
window wells?
iv. LD asked if the house height will remain the same?
1. AO replied that the house’s height would remain unchanged.
v. MH asked if any other exterior work will happen at this time?
1. AO: only potential repainting due to the nature of the project.
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c. BHPAB Discussion:
i. LG noted that the Standards established in section 3.30.050 C 4 of the Tax
Abatement Ordinance require that “If replaced, the exterior of the new
foundation shall match the historic foundation in appearance.” LG
wonders how the BHPAB can work with an applicant to satisfy that
standard?
1. MH suggests some kind of printing or otherwise imitative
application be used to mimic the appearance of the historic stone
foundation while allowing the new foundation to be installed.
d. Motion:
i. LG motions to recommend tax abetment for the property at 404 West
Curtis Street on the condition that where the visible foundation is currently
stone the new foundation shall have the appearance of rough ashlar
foundation stones through whatever means possible, and granting the
Historic Preservation Officer discretion in evaluating the mechanism for
achieving the appearance of rough ashlar stone on the new foundation.
1. DM seconds
2. Motion Passes
e. Discussion examination and justification for BHPAB motion:
i. The BHPAB individually and collectively supports the project strongly.
The building will continue to contribute to the Cooper Park Historic
District after the project is completed. The condition imposed by the
BHPAB is an effort to adhere to, but the condition can be administered
with flexibility on the part of the Historic Preservation Officer given the
economic realities of the project.
ii. In regards to the condition imposed:
1. About one third of the current foundation is of visible stone
2. Tax abatement rules require replacement of the foundation in the
same material, or of evocative appearance in another material such
as imitative stone.
3. If commercially available and of minimal additional expense, the
property owners will be required to replace the publicly-visible
part of the foundation in either stone (façade) or, more likely, in
concrete cast or scribed to resemble rough ashlar.
a. This is subject to research, knowledge and assessment of
the City Planning Staff.
4. Among board members attending the range of feeling regarding
the foundation condition ranged from (apparent) indifference or
low priority on the point to strong feeling for honoring this tax
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abatement requirement and keeping precedence in anticipation of
future applications that will be more difficult.
VI. Chair’s report:
a. Feedback from the July commission meeting:
i. Minute taking and communicating information seemed to be the most
important specific issue. MH noted that the organization structure of the
minutes needs to ensure that the minutes are prepared and complete and
reflect the intellectual and academic nuances of a conversation.
Henceforth Dale has volunteered to prepare a conclusion of bullet points
describing and summarizing the discussion. Minutes also need to be
written by a member, not city staff. The City Clerk’s office has extended
an invitation for a coaching session on taking minutes.
1. RO suggested that 6 months down the road the BHPAB ask the
commission to edit and review the minutes and offer constructive
criticism.
2. CK suggested that a BHPAB member attend the Commission
meeting about items the BHPAB has offered specific advice on.
3. LD notes that this would be good for developing and minting a
relationship with the commission.
4. TMcH suggested the BHPAB include the opposite side of the
argument and include in the minutes why the BHPAB considered
and discarded the other options.
5. CT suggested the BHPAB focus the City Commission comments
on the culture of the comments and additional depth of discussion.
ii. Feedback from members:
1. LD hapy with how friendly and rational the conversation was
2. DM impressed with the specificity of the conversation
3. MH was surprised with how specific the questions were impressed
the it points out all the specific things the BHPAB is responsible
for
4. DM it seemed like they were interested in particular policies
5. CT expected it to go much more like the DRB meeting. Believes
that what the commission needs is a deeper understanding of the
why, how and where’s of historic preservation. The BHPAB needs
to debunk the myth that the BHPAB wants to save every building.
They want demo by neglect.
The next stem might be a tour of the historic districts, illustrating
the importance of historic preservation and what happens when it
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is not emphasized. The tour could emulate the Planning Board’s
recent tour with the commission.
6. DM notes the importance of including marginal sites as a way of
communicating the process to explain why places matter.
7. MH asks how something like that gets arranged? Through the
planning department?
8. Ro thought that in the interim the BHPAB can brainstorm sites to
visit.
9. MH believed such a tour could take about 2 hours and should
include existing and potential historic districts. Perhaps planning
this should be delegated to the Education and Outreach committee?
b. MH noted a reminder for attendance of subcommittee and general meetings
c. MH also inquired as to the location of the Historic District signange. We were
promised it AGES ago!
d. Trying to schedule an architectural tour of historic properties for BHAPB
members:
i. Anne has asked Thomas Bitnar about hosting
ii. Jane mentioned the Neutra house on Sourdough
iii. BB’s rehab of the King House is nearing completion and would also be an
excellent tour.
iv. The BHPAB will try to schedule an architectural tour for their October
meeting.
VII. Planning and Policy Subcommittee report:
a. Lora Dalton (chair) notes the resubmission of a demolition by neglect ordinance.
The BHPAB met in August and spent time discussion previous interactions with
the commissions on that point. The BHPAB is currently preparing to offer a
proposal in September for Demo by neglect. The Planning and policy group felt
like as public advisory board they need to recognize that the board presents the
policy initiative to the commission as citizens.
b. LD noted that the historic sign ordinance has been tabled given the pressure on
the BHPAB for the Tax Abatement.
c. Next Planning and Policy meeting scheduled for 6:30 pm on August 31 at Mark’s.
VIII. Education and Outreach Subcommittee report:
a. Ryan Olson (Chair) asked that the minutes reflect an official thanking of Ron
Gompertz in his efforts for getting the ad up under the Story und the Stars film
series, as well as “Hey cupcakes” for their sponsorship of the August Open House
and Bon Ton District Walking Tour.
b. Formalization of the October 30th Cemetery Tour
i. Jam Webster will give tour
ii. Dale Martin will give a lecture before hand
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iii. Do we want to run an ad for the Cemetery tour?
c. Preservation Awards
i. Some discussion about the appropriateness of combining the Preservation
Awards with the Beautification Awards. CK notes that staff time has been
drastically reduced, and combining the awards allows Planning
Department staff to properly plan the programs while splitting the
workload. The motion to combine awards passes on a 4-3 vote.
ii. Award nominations are due September 8
iii. The BHPAB will receive nomination packets in mid-September
iv. The BHPAB will do a tour of all of the nominated properties on Sunday,
September 19th
v. The BHPAB will vote on awards on September 21st.
vi. The Awards ceremony is planned for the evening of November 5, at the
Beall Park Center
IX. Staff Liaison Report:
a. The Montana History Conference is at the end of September. Attendance of the
Thursday, September 30 Historic Preservation Commission session is a $25
application fee, and the BHPAB has previously agreed to budget $200 for
continuing education of the membership.
i. RO makes the motion to authorize a $25 stipend to reimburse attendees of
the session.
ii. AS seconds
iii. Motion passes
iv. Lora and Jane will attend the September 30 training in Helena.
X. Meeting adjourns at 8:51 pm
Action Items:
CK: chase down June BHPAB minutes and July BHPAB/ Commission minutes
CK: get new contact list/ role call list into binder
CK: Press release noting the first tax abatement project approved through Ordinance
1744
CK and Mark: follow up with Clerk on orientation/ minutes session from City Clerk’s
office.
CK: follow up with Debbie Arkel- where are the signs?
CK: ads for the cemetery tour?
CK: 2010-2011 BHPAB budget?
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ORDINANCE NO 1744
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY ADDING CHAPTER 30 IN TITLE 3 TO PROVIDE FOR STANDARDS FOR TAX
CREDITS FOR HISTORIC PRESERVATION AND IMPLEMENTING THE TAX
ABATEMENT AUTHORIZED BY SECTIONI5241601 MONTANA CODE
ANNOTATED ET SEQ FOR HISTORIC RESIDENTIAL AND COMMERCIAL
PROPERTIES UNDERGOING REHABILITATION RESTORATION EXPANSION OR
NEW CONSTRUCTION MEETING THE CRITERIA ESTABLISHED BY SECTION 15
241605ANDOR SECTION 15241606
WHEREAS the built environment of a community provides a history of the community
and is an indispensible component ofthe communitys sense ofplace and character and
WHEREAS preservation restoration and rehabilitation of existing structures
recognizes the embodied energy in them and reduces actions identified as negatively effecting
climate change and
WHEREAS the City ofBozeman has adopted a growth policy identifying historic
preservation as an important community character and economic development policy and
WHEREAS the City has conducted an inventory ofhistoric structures in the
Neighborhood Conservation Overlay District which survey indicated that not all structures are of
equal historic value and
WHEREAS the City has already established a Certificate ofAppropriateness review
procedure for structures in the Neighborhood Conservation Overlay District and
WHEREAS Chapter 424 of the laws of 1989 ofthe State of Montana as codified by
Sectionl5241601et seq Montana Code Annotated MCA authorized the governing body of
each city or county to confer the tax benefits described by SectionlS241603MCA to qualifying
historic commercial or residential properties by resolution establishing the process for the use of
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the tax abatement provisions described therein and
WHEREAS the City Commission has determined that it is in the publicsinterest to
encourage the rehabilitation restoration or expansion 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 restorations
rehabilitations expansions or new constructions involving certified historic properties and
districts
NOW THEREFORE BE IT ORDAINED BY THE BOZEMAN CITY COMMISSION
Section 1
That Chapter 330 Tax Abatement Certificate of Appropriateness be added to the
Bozeman Municipal Code so that the Chapter shall read as follows
330010 Intent
The intent and purpose ofthe Tax Abatement Certificate ofAppropriateness is to encourage the
appropriate rehabilitation restoration and preservation ofhistoric properties which otherwise
would not have been so carefully preserved It is recognized that a grant oftax abatement is a
discretionary act by the City Commission Tax abatement is to reward extraordinary efforts in
preservation and not minimal compliance with mandatory standards
330020 Authority
Pursuant to Sectionl5241601through Sectionl5241608MCA the City Commission by this
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ordinance approves the tax benefits as set forth in said statutes for those improvements made by
restoration rehabilitation or expansion of certified historic commercial or residential properties
or qualifying new construction within an historic district which meets the design criteria during
the construction period which is not to exceed twelve 12 months and five 5 years following
completion of said construction in those situations where such improvements preserve certified
historic commercial or residential properties or encourage appropriate new construction meeting
the design criteria to be architecturally compatible within the historic districts
A The tax abatement is limited to one hundred percent 100 of the increase in taxable
value caused by the rehabilitation restoration expansion or new construction and applies
to only those properties which do not receive any other tax exemption or special
evaluation provided by Montana Law during the period of abatement
330030 Definitions
A Construction period as used herein shall mean a period oftime from the date of
issuance of the required building permit until the project is substantially completed or a
period oftwelve 12 months from the date of issuance of said building permit whichever
period is shorter
B Qualifying new construction as used herein shall mean construction which satisfies the
requirements ofSection 330OSOCBMC
330040 Procedures
The owner ofthe property must comply with the provisions and standards ofSections 330040
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330050 and Chapter 1828 BMC in order to be considered for tax abatement Failure to
demonstrate successful compliance with the requirements disqualifies a property from being
awarded Tax Abatement but does not prohibit development with a Certificate of
Appropriateness otherwise approved under Chapter 1828 BMC
A The owner of the property is solely responsible for supplying to the Bozeman Historic
Preservation Advisory Commission and the City Commission all information and
documents necessary to evaluate the project If sufficient information and documentation
is not supplied by the owner for consideration to make an informed decision the
application will be denied
B The Bozeman City Commission hereby designates the Bozeman Historic Preservation
Advisory Board as its local review board and hereby directs said board to establish an
application and review process to certify eligible properties as specified in Sectionl524
1604 Montana Code Annotated and which must include but is not limited to the design
review criteria based on the Secretary of Interiors Standards for Rehabilitation of
Historic Properties or other standards approved by the State Historic Preservation Office
The established review process shall be integrated with the Certificate of Appropriateness
review authorized in Chapter 1828 BMC
C The local review board shall recommend approval or denial ofany application for the tax
abatement and report its recommendation to the City Commission which shall then either
approve or deny said recommendation by Resolution
D All taxes assessments and SID obligations on any property proposed for tax abatement
must be current before any tax abatement will be considered
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E Following certification and during the period oftax abatement if the property is altered
in any way that adversely affects those elements that qualify it as historically
contributing the property must be disqualified from receiving the tax abatement If the
historic property which has received a tax abatement under this part is disqualified the
owner is liable for back taxes interest and a penalty These costs must be extended
against the property in the next general real property tax roll to be collected and
distributed in the same manner as the currently assessed real property tax The back taxes
interest and penalty must equal the sum ofthe following
The difference in the total real property taxes due during the years the tax
abatement was in effect and the total of real property taxes which would have
been due had the special assessments not been in effect for those years
2 Interest on the amount calculated in subsection 330020A BMC at the rate for
delinquent property taxes provided for in Sectionl516102MCA plus
A penalty of 15 on the sum of subsection 330020A BMC Back taxes
interest or penalty may not be imposed on a property transferred to an ownership
that makes the property exempt from property taxation or if the property is
destroyed by fire or force majure
330050 Standards
To be approved as a Tax Abatement COA the following requirements shall be met
A The property must meet one or more ofthe following criteria
1 The property is individually listed on the National Register ofHistoric Places NRHP
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2 The property is at least 50 years of age and located in an established NRHP
historic district
3 The property is determined by a qualified professional to be eligible for individual
listing in the NRHP If this criterion is selected the applicant must complete the
necessary steps to list the property on the NRHP prior to the final approval of any
abatement
B Alterations to the properties or structures without City approval and consistent with the
requirements of this Chapter nullifies the tax abatement qualification
C All Standard COA requirements per 1828 BMC or its successors apply as well these
further Tax Abatement COA Requirements
1 Additions to existing structures
a Additions which increase the size ofthe footprint are limited to no more
than a 10 percent increase ofthe structures footprint
b Additions must not exceed the height ofthe existing roofline
c Additions are limited to secondary facades and evaluated in the context of
the fagade on which the addition is applied
d Due to the limited size ofthe addition no specific similarity or
differentiation of material is required as referenced in Secretary ofthe
Interior Standards 9 10
2 Roof
a Shape and material of the existing roof must be preserved unless it can be
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demonstrated that a different material is more historically appropriate for
the structure
b Dormers will be considered on a case by case basis and must meet the
Secretary ofthe Interiors Standards and UDO standards for dormers
Dormers shall be limited to not more than h the length of the existing
roofline
1 If new dormers are added they must match existing historic
dormers in shape style and materials
3 Materials
a Windows Window matching is fundamental to the historic integrity ofthe
building
1 Rehabilitation ofviable windows is required through repair
restoration and reconstruction
2 Window replacement requires a professional assessment ofthe
existing windows
3 Window replacement must be historically appropriate and match
historic materials
4 If storm windows are applied they shall be historically
appropriate
b Siding
1 If historic siding is intact it shall be preserved and restored
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2 If historic siding is missing new siding should follow the
Department of the Interiors guidelines for reconstruction
c Foundation
1 Repair and stabilization of existing foundation materials is
encouraged and a primary goal
2 Foundation replacement is allowed to the extent that the overall
height increase ofthe house does not exceed eighteen inches
3 Foundation replacement requires a professional assessment of the
existing foundation
4 If replaced the exterior of the new foundation shall match the
historic foundation in appearance
d Roof
1 Ifhistoric roofmaterial is intact it shall be preserved and restored
2 If historic roofmaterial is missing the new roofshould follow the
Department of the Interiors guidelines for restoration
4 Accessory Building the same parameters apply to accessory buildings as for
primary structures on the property Demolition of viable accessory buildings
within five years of receiving the tax abatement nullifies tax benefits
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Page 9 of 10
Section 2
Repealer Commission Resolution 2766 and all other resolutions ordinances and
sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby
repealed
Section 3
Savings Provision This ordinance does not affect the rights and duties that matured
penalties that were incurred or proceedings that were begun before the effective date of this
ordinance
Section 4
Severability If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid such invalidity shall not affect other provisions of this ordinance
which may be given effect without the invalid provisions or application and to this end the
provisions ofthis ordinance are declared to be severable
Section 5
Effective Date This ordinance shall be in full force and effect on the 6th day of
November 2008
PASSED AND ADOPTED by the City Commission of the City of Bozeman
Montana at a regular session thereofheld on the 15th day of September 2008
b
KAAREN JACO ON
Mayor
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Page 10 of 10
ATTEST
STACY L EN
City Clerk
PASSED ADOPTED AND FINALLY APPROVED by the City Commission of the
City ofBozeman Montana at a regular session thereofheld on the 6th day ofOctober 2008
KAAREN JACOBSON
Mayor
ATTEST
ST CY LMEN
City erk
APPROVED ASTO FORM
TIM COOPER
Assistant City Attorney
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