HomeMy WebLinkAboutBozeman Brewery Continuance.pdf1
REPORT TO: Honorable Mayor & City Commission
FROM: Allyson C. Bristor, Associate Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Bozeman Brewery Building Demolition – Modifications to a Final Site Plan
#Z-07145A (opened and continued from November 15, 2010)
MEETING DATE: January 10, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: That the City Commission grant a stay of demolition of the Bozeman Brewery
Building for six months from the date of their decision; and after the conclusion of six months the property owner
may request a demolition permit for the Bozeman Brewery Building through the Building Department; and any
demolition shall be completed in accordance with City Staff’s recommended conditions of approval (revised
conditions listed within this memo and original conditions beginning on page 12 of the original staff report).
BACKGROUND: The City Commission opened and continued the Brewery Demolition project from November
15, 2010 to January 10, 2011. With that motion, the Commission requested additional information prior to the
hearing to be supplied by either City Staff or the applicant and property owner. The additional information
requested is listed below, followed by the party that was responsible to provide it:
1. More detail/more information about how permanent stabilization/bracing of the wall can occur -
Applicant and property owner
2. State Historic Preservation Office's determination of how the Brewery Historic District is affected
by the demolition of the wall –City Staff
3. Demolition cost estimates – Applicant and property owner
4. Explanation of whether or not the temporary bracing can be improved by fixing the failing epoxy
issue – City Staff
5. Examples of building walls preserved and other similar relics – City Staff
6. More information on why the Final Site Plan proposal can’t move forward – Applicant and property
owner
7. Final recommendation from the Northeast Neighborhood Association (results of final vote at
November 2010 meeting) – City Staff
Commission Memorandum
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Permanent Stabilization
The applicant’s structural engineer will be giving a detailed estimate of his fees that explains more of the building
code requirements shortly after the first of the year. This will not include any further discussion of the cost of
permanent stabilization, but will be a formal estimate for the required engineering. The previous cost overview
that the applicant submitted had a line item for engineering services at $12,000-$15,000.
Unfortunately, this information is not available for the Commission packet deadline date. The information will be
presented to the Commission, and the members of the public, as soon as it is received by the applicant.
SHPO’s Determination
City Staff resurveyed the entire Bozeman Brewery Historic District and updated the current historic inventory for
the district. All of the survey results and preliminary assessments were sent to SHPO for a final assessment.
Please see entire updated district survey and the letter from the Montana SHPO attached to this memorandum.
In addition to obtaining SHPO’s determination on the affect of the Brewery Building wall’s demolition to the
district, several pieces of valuable information were obtained with the resurvey. Mistakes in the original district
description were corrected the reasons of historic significance were clarified. As included in the letter, SHPO
states: “The district’s integrity has been greatly affected by the demolition of a majority of the brewery complex
itself. However, the remaining façade wall continues to contribute to the district’s significance.” Because of the
large amount of demolition that has already occurred, the wall is no longer considered a building but rather is
considered a site which is defined by the National Park Service as including “ruins of historic buildings or
structures.”
Furthermore, the SHPO letter states: “Should the brewery complex façade wall be demolished, an integral part of
the district’s ability to convey these associations with its industrial past would cease to exist, and the district, as
originally listed in the National Register, would no longer be eligible. As noted above, within the district, the
brewery complex façade wall provides the district’s most substantial, tangible link to the rise of industrial
development in Bozeman. Without it, these associations would be unclear, as the smaller-scale bottling plant
would be the only remaining industrial resource in the district boundaries. If the brewery complex wall site were
to be removed, the overall integrity of setting, feeling and association within the district would not be sufficient to
justify the district’s listing on the National Register.”
If demolition of the Brewery Building wall occurred, the current historic district would no longer be eligible for
the National Register of Historic Places. However, SHPO believes “the three residences and accessory garage
currently within the district boundaries would still be eligible for listing on the National Register, but that
additional research and survey should be completed, and a new district nomination form should be prepared,
focusing on the residential development of the neighborhood.” Additionally, SHPO states: “The Lehrkind
Mansion is eligible individually for listing in the National Register.”
Demolition Cost Estimates
The applicant supplied two estimates for demolition of the Brewery Building wall. Both are attached to this
memorandum. The demolition estimates range between $75K and $83K.
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Temporary Bracing
Planning Staff obtained comments from the City’s Chief Building Official about the current state of the wall’s
temporary bracing system and any suggestions for improvement. Planning also asked him to comment on the
Building Department’s requirements for permanent bracing. His comments are included below:
“It’s not the epoxy that’s disintegrating… it’s the brick, mortar, and concrete that the epoxy is bonded to
that’s deteriorating. [To improve the temporary bracing] Those anchors would have to be removed, the
holes cleaned out, and then the anchors could be replaced with new epoxy. There could be no guarantee
as to how long the new installation would last… probably not more than a few years.
In my opinion, the main problem with the existing bracing is not the epoxy or the anchors. It’s the fact
that some of those braces at tied to unreinforced masonry walls that are not structurally designed to
support the new loads that are being placed on them… this problem is compounded because those walls
are also old, structurally compromised from the demolition, unreinforced masonry walls that instead of
being braced and supported themselves, are being used to brace and support another wall that’s in a
similar condition.
The existing bracing would also not allow any further demolition of the interior part of the structure and
would certainly make future development of the property more difficult. The method and design for
permanently bracing the wall would be up to the [applicant’s] Structural Engineer.
There are certain design criteria in the building code that the Engineer will have to consider like wind
speed, seismic design category, soil bearing pressure, snow load, lateral loads… these design
considerations would be applied to the height, width, and actual construction method of the wall including
the period materials that were used in its construction… along with the effects our weather cycles would
have on the longevity of the bracing system. Complicating the design would be trying to put a system in
place that would allow for future development of the property.
There are parts of the administrative part of the building code that deal with unsafe structures:
Section 116.5 Restoration states, “The structure or equipment determined to be unsafe by the
Building Official is permitted to be restored to a safe condition…”
Or
Section 116.1 Conditions states, “…Unsafe structures shall be taken down and removed or made
safe, as the Building Official deems necessary and as provided for in this section
Relics
The preservation of partially demolished buildings is supported in the field of historic preservation. They are
recognized by the National Park Service as sites. See the attached SHPO letter for more information about this
classification. Sites can be listed on the National Register of Historic Places individually, or can be a contributing
resource to a National Register historic district.
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Report Complied on December 30, 2010
Attachments: Updated inventory of Brewery District
Montana SHPO letter
Demolition estimates (2)
NENA meeting summary and final vote
Public comment (received since Nov. 15)
Original City Staff memo and report
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Reason for Demolition Request
The applicant will supply further justification and explanation to why the Final Site Plan project cannot move
forward and why the demolition request is needed. This information will be presented at the public hearing.
NENA Final Recommendation
On November 7, 2010, the Northeast Neighborhood Association (NENA) held a neighborhood meeting
discussing the Brewery Building wall demolition. There was a vote at the meeting, as well as an online vote
following the meeting. The final vote was 79 people in favor of requesting the City Commission to deny the
demolition request and support the preservation of the historic Bozeman Brewery Wall (2 people were against).
The meeting summary and the entire motion voted on are attached to this memorandum.
Revised Conditions of Approval
The Department of Planning offers different conditions of approval dependent on the direction of the City
Commission. The recommended conditions of approval are listed beginning on page 12 of the original staff
report (attached to this memorandum).
City Staff is eliminating #2 of the recommended conditions of approval if the City Commission allows demolition
of the Bozeman Brewery Building. The resurvey has already been completed and submitted to Montana SHPO.
Additionally, City Staff is revising #3 of the recommend conditions of approval if the City Commission allows
demolition of the Bozeman Brewery Building. The revision is necessary because of the comments received by
Montana SHPO. The revised condition should read as the following:
3. If the National Park Service determines the loss of the Bozeman Brewery Historic District, then the
property owner and/or applicant shall hire a qualified professional, who meets the Secretary of the
Interior’s Standards for qualified professionals (http://www.nps.gov/history/local-law/arch_stnds_9.htm),
to prepare a new National Register historic district nomination form focusing on the residential
development of the Lehrkind Brewery neighborhood.”
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission
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planning · zoning · subdivision review · annexation · historic preservation · housing · grant administration · neighborhood
coordination
MEMORANDUM
TO: Montana State Historic Preservation Office
FROM: Courtney Kramer, Historic Preservation Officer
RE: Bozeman Brewery Historic District
CC: File
DATE: December 17, 2010
_______________________________________________________________________________________________
At the request of the City of Bozeman’s Department of Planning and Community Development, I have
completed a brief review of the historic resources comprising the Bozeman Brewery Historic District. The
district was listed on the National Register of Historic Places in 1986, and included five primary resources:
1. The Lehrkind Brewery complex (801 North Wallace);
2. The Lehrkind soft-drink bottling plant (802 North Wallace);
3. The Julius Lehrkind house (719 North Wallace);
4. The Henry Lehrkind house (707 North Wallace); and
5. The Edwin Lehrkind house (701 North Wallace).
All of these resources were classified as contributing in the original nomination.
A review of these resources in December 2010 noted several substantial changes to the district’s historic
resources. These are described on the attached site form material, and are briefly outlined below:
1. Most of the former Lehrkind Brewery complex has been demolished, although the building’s primary
(east) façade survives. In National Register terminology, the brewery remnants should be described as
a “structure,” rather than a “building.” The surviving façade itself retains an acceptable level of
integrity, and continues to reflect the historic character of the former building; because of its size and
its strong importance to Bozeman’s industrial history, the brewery façade continues to contribute to
the Brewery historic district.
2. A re-examination of the Lehrkind bottling plant building indicates that its National Register status was
incorrectly evaluated on the original nomination. The historic integrity of the building was
substantially diminished by the 1972 construction of an incompatible addition on the building’s north
elevation. This addition more than doubled the size of the original building and comprises half of the
current building’s primary façade. Due to the loss of integrity caused by this addition, the bottling
plant building is a non-contributing resource in the historic district.
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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planning · zoning · subdivision review · annexation · historic preservation · housing · grant administration · neighborhood
coordination
3. The three houses continue to be contributing resources, and two of the houses of undergone some
historically appropriate restoration since the original nomination. A non-contributing guest-house
building has been added to the lot at 719 North Wallace.
The Bozeman Brewery Historic District therefore continues to meet the National Register of Historic Places
historic district standards.
Potential future changes to the Brewery Building façade have the potential, however, to alter the historic
district’s status. If the façade is removed, the district will no longer contain contributing resources reflective
of its commercial, technological, or industrial history – the primary justifications for the district’s listing in the
original nomination’s Statement of Significance. The existing district and its nomination materials would
therefore no longer meet National Register standards.
If this were to take place, the remaining contributing elements of the Bozeman Brewery Historic District
would need to be revised into a “North Wallace Residential Historic District”; ideally this residential district
could be expanded to include other historic residential properties in Bozeman’s northeast neighborhood. I will
recommend that the City of Bozeman require the property owner to complete this work as mitigation for the
adverse effect on the Brewery building.
This information is submitted to the Montana State Historic Preservation Office for additional professional
review. The City of Bozeman requests that the SHPO review the update to the district, and respond with a
memo concurring or offering alternative findings with the information found in this memo. In order to enable a
timely conveyance of the information to the Bozeman City Commission, in advance of their January 10, 2011
hearing, I need a response from the SHPO by Monday, December 27th. Please let me know as soon as possible
if this timeline will not work for your office.
I sincerely appreciate your assistance in this matter. Feel free to contact me at the phone number on the
letterhead, or via email at ckramer@bozeman.net with any questions or concerns.
Best wishes to all of you,
Courtney Kramer
Historic Preservation Officer
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MONTANA HISTORIC PROPERTY RECORD
For the Montana National Register of Historic Places Program and State Antiquities Database
Montana State Historic Preservation Office
Montana Historical Society
PO Box 201202, 1410 8th Ave
Helena, MT 59620-1202
Property Address:
Historic Address (if applicable):
City/Town: Bozeman
Site Number:
(An historic district number may also apply.)
County: Gallatin
Historic Name: Bozeman Brewery Historic District
Original Owner(s): Julius Lehrkind and descendants
Current Ownership X Private Public
Current Property Name: Bozeman Brewery Historic
District
Owner(s):
Owner Address:
Phone:
Legal Location
PM: Montana Township: Range:
¼ ¼ ¼ of Section:
Lot(s): Block 104, Lots 29-32, Block 108 Lots 11-22,
Block 109 Lots13-16
Block(s): Block 104, Block 108, Block 109
Addition: Northern Pacific Year of Addition: 1883
USGS Quad Name: Year:
Historic Use: Brewery, bottling building, residences
Current Use: Vacant, commercial, residential
Construction Date: 1895-1943 Estimated X Actual
X Original Location X Moved (Carriage House) Date Moved:
2003
UTM Reference www.nris.mt.gov/topofinder2
NAD 27 or NAD 83(preferred)
Zone: Easting: Northing:
National Register of Historic Places
NRHP Listing Date:
Historic District: Bozeman Brewery District
NRHP Eligible: Yes No
Date of this document: December 7, 2010
Form Prepared by: Courtney Kramer, Historic
Preservation Officer
Address: PO Box 1230, Bozeman, MT 59771
Daytime Phone: 406-582-2260
MT SHPO USE ONLY
Eligible for NRHP: □ yes □ no
Criteria: □ A □ B □ C □ D
Date:
Evaluator:
Comments: This update to the Bozeman Brewery Historic
District is intended to clarify the effects on the district caused
by partial demolition of the Brewery building, as well as the
potential effects to the historic district caused by the total
demolition proposed by the property owner.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 2
Architectural Description
Property Name: Bozeman Brewery Historic District Site Number 24
ARCHITECTURAL DESCRIPTION
Concisely, accurately, and completely describe the property and alterations with dates. Number the buildings and features to correlate
with the Site Map.
1. Lehrkind Brewery Main Building, 801 North Wallace Avenue (1985, one contributing structure)
Architectural Style: Commercial Italianate If Other, specify:
Property Type: INDUSTRY/PROCESSING/EXTRACTION Specific Property Type: manufacturing facility
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
The present façade of and remainder of the Lehrkind Brewery structure are the result of partial demolition enacted upon the building
in 2008, intended to precede massive redevelopment of the site. The building is constructed of 18” bearing brick walls set on a
rubblestone foundation, which was laid on 2-feet of washed sand. The tall, round arched window openings have cut sandstone sills
and wood frame, double-or triple-hung, one-over-one sash. Three water wells were dug beneath the brewery, one to a depth of 200’.
The remaining façade along North Wallace Avenue is asymmetrical and consists from south to north (left to right in photographs) of
one three-story vertically fenestrated bay with a double-hung window on the ground floor and two double-hung windows stacked on
the second floor. The second three-story vertically-fenestrated bay consists of a window then door, double-hung stacked windows
above on the second floor. The third three-story vertically-fenestrated bay consists of a door cut into the building at ground level
through the rubblestone foundation with a single column of double-hung windows stacked above the door. Arched brickwork above
the door indicates this space was once a window matching the other windows on the first level of the building; it is now infilled with
brick. The first floor is delineated from the second floor by a beltcourse of decorative brickwork. A tall parapet with a semi-circular
nameplate reading: “Julius Lehrkind, 1895, Genuine Lager Brewery” has been removed from this portion of the building and the
corbelled cornice is now level and finished with metal coping.
The remaining five bays are also vertically delineated, but are without windows. This portion of the building included a main floor,
with a two-story brewing room above. Horizontal banding demarcating the break between the first and second floor is less ornate than
the banding on the southern bays.
Demolition to the rear of the building left much of the first floor intact, but removed the remaining south and west walls of the
building. The north wall is partially intact.
2. Lehkind Bottling Building, 802 North Wallace Avenue (1925, one contributing building)
Architectural Style: vernacular If Other, specify:
Property Type: commercial Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
During Prohibition, the Lehrkind family diverted into the soft drink business, and Carl Lehrkind, Julius’ grandson, had the one-story,
brick bottling plant constructed at 802 North Wallace Avenue in 1925. It has seen a variety of adaptive reuses since the Lehrkind
business closed.
The bottling building is a commercial structure consisteing of two primary rectangular masses. The southerly mass is the original
soft-drink bottling plant, dating from 1925. The building has a concrete foundation, bearing brick parapet walls with header bonds,
and a flat composite roof. The primary elevation faces west towards the brewery structure, with a secondary façade to the south. The
corner between those facades features an inset, clipped entrance. Façade detailing includes segmental brick arches above the window
openings and a corbelled brick cornice. Doors and windows are non-historic, but are in original openings
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MONTANA HISTORIC PROPERTY RECORD
PAGE 3
Architectural Description
Property Name: Bozeman Brewery Historic District Site Number 24
The building’s northern mass, is an industrial vernacular concrete-block addition dating from 1972. The 1972 addition is slightly
larger than the 1925 building, and approximately half of the current primary façade now reflects the newer construction. Most visible
walls of the addition are blank, with a reconfigured fenestration pattern and materials visible near the west end of the north elevation.
3. Julius Lehrkind House, 710 North Wallace Avenue (1898, one contributing building)
Architectural Style: Queen Anne If Other, specify:
Property Type: residential Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
The Julius Lehrkind House, a two-and-one-half-story Queen Anne residence, built in 1898 at 710 North Wallace, forms the central
focus of the district today. This well preserve, large, irregular plan, brick house responds to its corner lot location with a wrap-around
porch set at the base of an octagonal corner turret and a corner, etched glass front entrance. The porch has elaborate arched wooden
detailing and a spindle balustrade. The windows are diamond-paned, six over one or single pane, one-over-one double hung units with
flat brick arches and concrete sills. The combination gable roof is covered with cedar shingles and features gable end decorative
detailing in wood and a second story porchette with a gothic arch on one side and a Roman arch on the other.
4. Guest House at 710 North Wallace Avenue (c. 1900, one non-contributing building)
Architectural Style: Folk Victorian If Other, specify:
Property Type: residential Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
The Guest House at 710 North Wallace Avenue was moved to the site in 2003. Sitting on a poured-concrete foundation, the one-and-
one-half story building includes a wrap-around porch with turned columns and elements of matching those found on the Lehrkind
Mansion. The front gable asphalt roof is transected by subordinate cross-gables. The building is sheathed in shiplap siding which ends
in corner-boards and alternating bands of square and scalloped shingles in the gable ends. Windows are a combination of single pane
fixed, or two-over-two double-hung or one-over-one double-hung in paired groups.
5. Carriage House at 710 North Wallace Avenue (construction date unknown, one non-contributing building)
Architectural Style: Folk Victorian If Other, specify:
Property Type: accessory Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
Described as a contributing element of the district in the 1986 nomination, this “carriage house” was moved to its present location off
of the alley on the southwest corner of the lot in 2003. The square one-and-one-half-story gable-front building now sits on a block
foundation. Vertical siding is non-historic in nature, but the dentil band delineating the first floor from the second is likely original.
Additional vertical siding extends to the eves, where a second band of dentils begins the decorative alternating bands of square then
scalloped shingle work in the gable. A pair of wooden double-hung one-over-one windows in the gable appear to be original. The
peak of the gable enclosed by a wooden sunburst medallion.
6. Henry Lehrkind House, 707 North Wallace Avenue
Architectural Style: Colonial Revival If Other, specify:
Property Type: residential Specific Property Type:
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MONTANA HISTORIC PROPERTY RECORD
PAGE 4
Architectural Description
Property Name: Bozeman Brewery Historic District Site Number 24
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
The Henry Lehrkind House, built ca. 1908, is a one-and-one-half-story residence of an irregular plan with a cut-away corner entry
sitting on an elevated rubble-stone foundation. The two bay façade is asymmetrical and consists of an offset front entrance. Windows
are one-over-one double hung units and there is a bay window on the front façade with fixed plate windows. The combination
gambrel-hipped roof is covered with green asphalt shingles and features a hip-roofed dormer. Shingles in the gable are both square
and diamond patterned. A one story addition constructed between 1927 and 1943 to the south of the original residence mimics the bay
window, but uses one-over-one hung windows in the bay.
7. Accessory Garage for 710 North Wallace Avenue (c. 1927, one contributing building)
Architectural Style: No style If Other, specify:
Property Type: accessory Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
Constructed sometime between 1927 and 1943, this one story, two-bay accessory garage is sheathed in shiplap siding and includes a
parapet disguising a flat, composite roof. Each garage bay is enclosed by two wooden doors which swing away from the center on
hinges. The doors a vertical boards with crosspieces stabilizing the bottom half.
8. Edwin Lehrkind House, 701 North Wallace Avenue (1912, one contributing building)
Architectural Style: Craftsman If Other, specify:
Property Type: commercial Specific Property Type:
Architect: unknown Architectural Firm/City/State: unknown
Builder/Contractor: unknown Company/City/State: unknown
Source of Information:
Built in 1912, the Edwin Lehrkind House is a one-and-one-half-story, gable-front, Bungalow style residence built on a poured-
concrete foundation. The building has a rectangular plan with a recessed stone porch across the front. The porch rail is enclosed, and
paired columns support the roof extension. Knee brackets in the gable ends support a corrugated metal roof. The frame construction is
finished with a wainscoting of 4” reveal lap siding and shingles from the windowsills up. Windows are one-over-one hung vinyl units
with interior “dividers” simulating a multiple panes above a single pane. A garage addition to the north of the residence appears to
have been with the structure, or shortly thereafter, as the garage appears in this location on the 1927 Sanborn Map for the property.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 5
History of Property
Property Name: Site Number 24
HISTORY OF PROPERTY
Please see attached 1986 nomination to the National Register of Historic Places for 1895- 1986.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 6
Information Sources/Bibliography
Property Name: Site Number 24
INFORMATION SOURCES/BIBLIOGRAPHY
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MONTANA HISTORIC PROPERTY RECORD
PAGE 7
Statement of Significance
Property Name: Site Number 24
NATIONAL REGISTER OF HISTORIC PLACES
NRHP Listing Date:
NRHP Eligibility: X Yes No Individually X Contributing to Historic District Noncontributing to Historic District
NRHP Criteria: X A B C D
Area of Significance: Period of Significance: 1895-1927
STATEMENT OF SIGNIFICANCE
The Bozeman Brewery Historic District was listed in the National Register of Historic Places in 1987 under Criteria A for association
with industrial development in Bozeman and Criteria C for the variety of architectural styles represented in the district.*.
The remaining façade wall of the Lehrkind Brewery is a contributing structure within the Bozeman Brewery Historic District, for its
clear association with industrial development in Bozeman during the late nineteenth and early twentieth century. Though the resource
can no longer be counted as a building, the structure is a substantial part of the district and intrinsic to the district’s ability to convey
its significance. Indeed, the brewery itself was the impetus for the additional commercial development, such as the bottling house, and
the Lehrkind family’s construction of residential properties nearby.
Lehrkind’s brewery in Bozeman, and later Red Lodge, significantly contributed to the development of the community and state by
utilizing locally produced materials to construct the buildings, local knowledge to brew beer, and local barley, grains and hops to
distill the beer.
*This is a bit of an assumption, as the nomination on file does not specify which criteria were utilized for listing the Bozeman
Brewery Historic District.
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MONTANA HISTORIC PROPERTY RECORD
PAGE 8
Integrity
Property Name: Bozeman Brewery Historic District Site Number 24
INTEGRITY (location, design, setting, materials, workmanship, feeling, association)
The district as a whole recently experienced an overall diminishment of its integrity with the demolition of the majority of the main
brewery building, which adversely affected its setting and feeling. However, the remaining resources within the district boundaries
together with the industrial/residential mix of properties in the surrounding the neighborhood continue to provide integrity of setting
and feeling sufficient to convey its significant historical associations.
1. Lehrkind Brewery Main Building Wall, 801 North Wallace Avenue
The building as a whole is no longer standing, and therefore its integrity of design is no longer intact. Similarly, the historic setting of
the brewery has been significantly impacted by the demolition of the remaining buildings adjacent to the site, which provided context
for understanding the building’s function. However, the remaining façade of the Brewery retains a level of historic integrity of
location, design, materials, and workmanship sufficient to convey its significant association with the industrial development of
Bozeman during the late nineteenth and early twentieth centuries, and is therefore considered a contributing structure within the
district.
2. Lehrkind Bottling Building, 802 North Wallace Avenue
Overall, the bottling plant building displays a diminished level of integrity. The exterior walls and fenestration pattern of the 1925
mass largely retain their as-built appearance, despite the replacement of historic doors and windows. The presence of the 1972
addition, however, has significantly altered the primary façade, while eliminating what may have been an historic secondary façade on
the north elevation. Overall, slightly more than half of the current building mass, and half of the primary façade, dates from
1972. Because of the significant change to the building’s overall appearance and massing caused by this non-historic addition, the
bottling plant building does not retain the level of integrity required to contribute to the Bozeman Brewery historic district.
3. Julius Lehrkind House, 710 North Wallace Avenue)
The Lehrkind Mansion remains an anchor and contributing resource within the Bozeman Brewery Historic District. The residence
remains un-altered, and retains integrity of materials, workmanship, setting, design and location.* The building is currently utilized as
a boutique bed and breakfast.
*Photographs submitted with this report show the cedar shake roof of the Lehrkind Mansion being replaced as a result of hail damage
in June 2010. The roof material is being replaced in-kind, and no other alterations are in progress.
4. Guest House at 710 North Wallace Avenue
(location, design, setting, materials, workmanship, feeling, association)
Termed the “Guest House” for the purposes of this report, the building on the northwest corner of the Lehrkind Mansion lot was
moved to the site in 2003; this is the third site the house has inhabited. The residence likely originated in Bozeman, and then was
moved to the Springhill vicinity north of Bozeman, possibly from North 7th Avenue as a result of that road construction in the 1950’s.
The current Lehrkind Mansion Bed and Breakfast owners moved the building to the site in 2003 and rehabilitated the structure as
additional guest rooms.
The building’s original design is intact, as are the majority of the original materials and workmanship. The foundation is not original,
and some windows have been replaced with compatible wood-interior, metal-clad double-hung units. As the building is not in its
original location, the integrity of historic setting is not intact, nor is the original association. The building, however, does date to the
period of significance for the Brewery Historic District, and has been installed in this location in a way that does not detract from the
integrity of the district. The Guest House is not associated with the development of the Bozeman Brewery Historic District, and
though compatible, does not contribute to the district.
5. Carriage House at 710 North Wallace Avenue
Listed as a contributing building in the 1986 historic district nomination, the “Carriage House” originally occupied the site of the
“Guest House” described above. The structure was moved to the southwest corner of the Lehrkind Mansion lot in 2003; a location
technically outside of the legal description of the Bozeman Brewery Historic District’s boundaries. As the structure is associated with
the Lehrkind Mansion and on the same lot for practical purposes, it has been included in this update.
Further research into the building indicates the structure to be a mid-20th century replacement of the original carriage house for the
property. The 1967 Sanborn Fire Insurance Map indicates the carriage house to be of brick construction, with an open porch or drive
access facing west. This structure, while incorporating elements like the shingle work, dentil detailing and windows of the original
building, is primarily wood construction. This alteration occurred sometime between 1967 and 1984, when the building was included
33
MONTANA HISTORIC PROPERTY RECORD
PAGE 9
Integrity
Property Name: Bozeman Brewery Historic District Site Number 24
on the National Register listing. The structure does continue to be associated with the Lehrkind Mansion, and although the building
has been moved on the lot, the “Carriage House” does retain integrity of setting. To that end, the “Carriage House” does not contribute
to the Bozeman Brewery Historic District, as it is technically outside of the boundaries of the district, and does not retain its original
design, materials or workmanship.
6. Henry Lehrkind House, 707 North Wallace Avenue
The Henry Lehrkind House retains sufficient historic integrity to continue to contribute to the Bozeman Brewery Historic District. The
structure retains its original location, setting, much of the original materials and workmanship and association of residential use. The
original design has been altered by a now-historic addition, and subsequent addition to that addition sometime between 1967 and the
present. The porch, described in the nomination as glassed-in, has been restored.
7. Accessory Garage for 710 North Wallace Avenue
The accessory garage for the Henry Lehrkind House is unchanged from its original construction, and maintains full historic integrity.
The building contributes to the Bozeman Brewery Historic District.
8. Edwin Lehrkind House, 701 North Wallace Avenue
The Edwin Lehrkind House retains sufficient historic integrity to continue to contribute to the Bozeman Brewery Historic District.
The 1986 nomination describes asbestos siding, which has been removed in favor of restoring the original siding and shingles. The
stonework on the porch was present in the 1986 nomination, and though probably not an original design feature, did not prevent the
building from contributing to the district at that time. Some of the windows have been replaced with vinyl units in the interim between
1986 and the present.
34
MONTANA HISTORIC PROPERTY RECORD
PAGE 10
Photographs
Property Name: Bozeman Brewery Historic District Site Number 24
Roll #
Frame #
Feature # 1
Facing: to the north west
Description: Remaining east façade of the Lehrkind Brewery.
Roll #
Frame #
Feature # 1
Facing: to the northeast
Description: Reaming east façade of the Lehrkind Brewery
35
MONTANA HISTORIC PROPERTY RECORD
PAGE 11
Photographs
Property Name: Bozeman Brewery Historic District Site Number 24
Roll #
Frame #
Feature # 2
Facing: to the north west
Description: Bottling building, Bozeman Brewery Historic District
Roll #
Frame #
Feature # 3
Facing: to the south west
Description: Lehrkind Mansion, 710 North Wallace Avenue, Bozeman Brewery Historic District
36
MONTANA HISTORIC PROPERTY RECORD
PAGE 12
Photographs
Property Name: Bozeman Brewery Historic District Site Number 24
Roll #
Frame #
Feature # 3
Facing: north west
Description: Lehrkind Mansion, Bozeman Brewery District
Roll #
Frame #
Feature # 4
Facing: to the south west
Description: Guest House to the Lehrkind Mansion, Bozeman Brewery District
37
MONTANA HISTORIC PROPERTY RECORD
PAGE 13
Photographs
Property Name: Bozeman Brewery Historic District Site Number 24
Roll #
Frame #
Feature # 5
Facing: south west
Description: Carriage House, accessory to the Lehrkind Mansion, Bozeman Brewery District
Roll #
Frame #
Feature # 6
Facing: to the south west
Description: Henry Lehrkind House, 707 North Wallace Avenue, Bozeman Brewery District
38
MONTANA HISTORIC PROPERTY RECORD
PAGE 14
Photographs
Property Name: Bozeman Brewery Historic District Site Number 24
Roll #
Frame #
Feature # 7
Facing: Southwest
Description: Accessory Garage for the Henry Lehrkind Residence, 707 North Wallace Avenue, Bozeman Brewery District
Roll #
Frame #
Feature # 8
Facing: to the southwest
Description: Edwin Lehrkind House, 701 North Wallace Avenue, Bozeman Brewery Historic District
39
MONTANA HISTORIC PROPERTY RECORD
PAGE 15
Site Map
Property Name: Site Number 24
Sketch a map of the property. Label and/or number buildings and described features. Include a North arrow, street names, and
property boundaries.
2007 Aerial Photograph
Map Key:
1. Lehrkind Brewery Main Building, 801 North Wallace Avenue
2. Lehkind Bottling Building, 802 North Wallace Avenue
3. Julius Lehrkind House, 710 North Wallace Avenue
4. Guest House at 710 North Wallace Avenue
5. Carriage House for 710 North Wallace Avenue
6. Henry Lehrkind House, 707 North Wallace Avenue
7. Accessory Garage for 710 North Wallace Avenue
8. Edwin Lehrkind House, 701 North Wallace Avenue
N
40
MONTANA HISTORIC PROPERTY RECORD
PAGE 16
Site Map
Property Name: Site Number 24
1943 Sanborn Fire Insurance Map
Map Key:
1. Lehrkind Brewery Main Building, 801 North Wallace Avenue
2. Lehkind Bottling Building, 802 North Wallace Avenue
3. Julius Lehrkind House, 710 North Wallace Avenue
4. Guest House at 710 North Wallace Avenue
5. Carriage House for 710 North Wallace Avenue
6. Henry Lehrkind House, 707 North Wallace Avenue
7. Accessory Garage for 710 North Wallace Avenue
8. Edwin Lehrkind House, 701 North Wallace Avenue
N
41
MONTANA HISTORIC PROPERTY RECORD
PAGE 17
Topographic Map
Property Name: Site Number 24
USGS Topographic Quadrangle, 1:24,000 scale. Do not reduce or enlarge map; keep the map scale accurate because legal locations
are checked with a plastic template. Label the property location, including the SITS number, in a method that will photocopy well. A
highlighter marker is not acceptable.
42
Bid
Date
2/19/2010
Bid#
1379
Name / Address
Goff Architecture, LTD.
2630 Arrowleaf Hills Drive
Bozeman, MT 59715
H & H Earthworks, Inc.
P.O. Box 1441
Belgrade, MT 59714
Office: (406)388-6711
Fax: (406)388-4159
Site Prep
Thank you for your business.Total
Description Qty Cost Total
Bozeman Brewery Demolition 1 82,540.00 82,540.00
H & H Earthworks, Inc will remove the existing structure to the
rubble foundation, including the existing rubble and rock piles. All
pipe braces will be removed and left for the owner. All other
materials are the property of H & H Earthworks, Inc except for any
undisclosed hazardous materials. Site will be backdrug when
finished. No permitting or additional fees are in the bid.
Coordination with Northwestern Energy will be required and
initiated by Graham Goff.
$82,540.00
43
Estimate
Date
12/23/2010
Estimate #
23
Name / Address
Scala Properites LLC
Goff Construction, Inc.
201 S. Wallace, Suite A3
Bozeman, MT 59715
Project
Customer Signature _____________________________________
Total
Description Qty Cost Total
Demolition- 5900 S.F. building wall @ $18.25 per S.F. 107,675.00 107,675.00
Includes demolition of approx. 5900 s.f. of brick facade, remaining
roof section, remaining lower wall sections and removal of all
related debris. Timbers will be salvaged and stacked on site. All
re-usable brick to be sorted and stacked on pallets. Site to be graded
to match adjoining properties.
Salvage wood - includes roof structure, floor structure and northern
wood wall. Approx. 7,800 B.F. x $1.25
-9,750.00 -9,750.00
Salvage brick - 129,600 total bricks- 50% salvage rate= 64,800
bricks x .35
-22,680.00 -22,680.00
Cost per square foot of demolition based on previous work
completed on Brewery building.
$75,245.00
44
From: Christopher Nixon [mailto:christopherfnixon@yahoo.com]
Sent: Thursday, November 18, 2010 2:53 PM
To: Courtney Kramer
Cc: Mary Cloud Ammons
Subject: Fw: Review of NENA Special Call Meeting
Courtney,
Mayor Krauss said it was best to send you the results of the NENA vote on the motion so that you could get
it into their hands. Since the item was opened and continued, it apparently is in some sort of quasi-judicial
state and they are not to have direct discussion with the public on this issue until the continuance of the
public comment period likely on January 10th. Here is a revised summary and the final vote on the motion if
you will please pass it along.
NENA November 7th Meeting Summary
We had a very respectable turnout for the special call NENA meeting on Sunday,
November 7, 2010. This was a special call meeting to address just the one topic of the
proposed demolition of the Bozeman Brewery wall. Sixty-seven NENA members from
throughout the neighborhood ranging from Broadway to N. Grand attended with the
addition of four guests including Commissioner Cindy Andrus and Historic Preservation
Advisory Board President Mark Hufstetler. There was not a representative of the
applicant at this meeting which was unfortunate. Graham Goff had attended the
regular Fall NENA meeting back on October 26th and was a welcome and beneficial
addition to the discussion. Mr. Goff has also attended several NENA meetings over the
past three years to update the neighborhood on the status and situation with the
project.
Discussion on November 7th, included questions and comments by many of the
members in attendance. The general feeling I would say is that everyone recognizes
that the wall cannot stand there unsecured indefinitely but wants to see it secured so
that it can be incorporated into any future site build-out. There is general
disappointment and some anger that the current process allowed for the brewery
building to be removed in the first place, especially with the fact that there was no
method in place to guarantee that the proposed replacement structure would be built
after the bulk of the building was removed. There were several comments that we keep
seeing instances such as this where a developer proposes a plan, makes it look good,
and then nothing is completed or what is ultimately built out is not what was put
through in the review process presented to the commission and the public, ie. structures
in the Mill District. There were questions on the cost of stabilizing the wall, what type of
structure it would require, is it possible, is the developer currently trying to find means to
do so? There was discussion as to what the neighborhood could do to help out in the
situation. Nobody is suggesting public funds be given a developer but,
helping search for low interest loan options, creating some type of revolving loan fund
to help with at risk historic structures, and raising money for such a fund as a
neighborhood seem to be of general interest.
45
After the discussion, the members reviewed the proposed motion before the body,
made a few changes, and placed their votes for or against the motion. Per our bylaws,
members who were unable to attend the meeting could continue to cast their vote
through Sunday, November 14th.
The motion and final vote combining the votes from those present at the meeting and
those cast online are as follows:
NENA RECOMMENDATION TO THE BOZEMAN CITY COMMISSION: TO DENY DEMOLITION
AND SUPPORT PRESERVATION OF THE HISTORIC BOZEMAN BREWERY WALL.
We as members of the North East Neighborhood Association, by vote taken at a special
meeting on November 7, 2010, request the City Commission deny the proposed
demolition of the remaining historic Bozeman Brewery wall in order to allow every
possible means of permanent stabilization of the wall, thus facilitating its preservation
and incorporation into any future development of the site, and thus potentially
preventing the loss of the Historic Brewery District designation from the National Registry
of Historic Places.
We recognize the safety concerns of the current temporary stabilization of the wall, and
the limit to pedestrian access along the adjacent sidewalk and prefer continuation of
the sidewalk closure
with proper pedestrian signage and crosswalks on both ends of the block until
permanent stabilization of the wall is achieved.
Acknowledging the unusual economic circumstances that have in part led us all to this
unfortunate position, and also acknowledging the now obvious inadequacy on the
parts of we the Bozeman community at large to champion our historic properties ,
acknowledging the inadequacy and outdated state of the current city preservation
review and historic evaluation processes, and acknowledging the lack of requirement
on part of developers to provide thorough evaluation of historic properties in order
protect our cities rare, unique, historic structures, we are committed to working with the
City, the Developer/Applicant, and the Community at large in order to retain the
remains of this historic landmark, thus preserving its intrinsic economic and
social value and its contribution to the community identity and its historic significance to
the founding and growth of the City of Bozeman.
We further admonish the City Commission, City Staff, and Bozeman Historic Preservation
Advisory Board to expedite changes to the City's development and review codes
incorporating a demolition by neglect ordinance, bonding structure for future major
redevelopment of our significant historic structures, or a combination of such in order to
prevent further loss of our city's historic treasures. We commit as a neighborhood to work
with the Bozeman Historic Preservation Advisory Board, City Commissioners, City Staff,
and other interested parties to
46
facilitate such.
By a vote of:
79 YEA, 2 Nay, 0 Abstentions
November 14, 2010
Thanks,
Chris Nixon, NENA President
47
48
49
50
Report Complied on November 4, 2010
REPORT TO: Honorable Mayor & City Commission
FROM: Allyson C. Bristor, Associate Planner
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Bozeman Brewery Building Demolition – Modifications to a Final Site Plan
#Z-07145A
MEETING DATE: November 15, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: That the City Commission grant a stay of demolition of the Bozeman Brewery
Building for six months from the date of their decision; and after the conclusion of six months the property owner
may request a demolition permit for the Bozeman Brewery Building through the Building Department; and any
demolition shall be completed in accordance with City Staff’s recommended conditions of approval (conditions
listed beginning on page 12 of the staff report).
BACKGROUND: The original Bozeman Brewery Building proposal was submitted to the City’s Department of
Planning in June 2007 by property owner Scala Properties, LLC and representative Graham Goff of Goff
Architecture, Ltd. The details of the project proposal included the following: 1) demolition of the Haynes
Building complex, 2) a combination of reconstruction, rehabilitation and demolition of the existing Brewery
Building to create a building complex with four sections of residential units (total: 35 units/approx. 33,400 SF),
approximately 10,210 SF of commercial/office space, an elevated courtyard and an underground mixed-use
parking garage, 3) new construction of a building along Tamarack Avenue (Tamarack Building) with residential
units (4 units/approx. 4,800 SF) and approximately 6,600 SF of commercial/office space, and 4) new construction
of a surface parking lot. Zoning deviations were available to the property owner because of the property’s
location within the Neighborhood Conservation Overlay District. Seven deviations were requested and approved
with the original proposal. The deviations were required for the proposed percentage of office use, building lot
coverage, building height and lot area and width. A timeline of the Bozeman Brewery Building project’s
extensive background since original submittal to the Bozeman Department of Planning is included beginning on
page 3 of the staff report.
The City Planning and Building Departments sent a letter to the Bozeman Brewery property owner and applicant
following the expiration of the Final Site Plan and Sidewalk Encroachment Permit. The departments inquired
about the property owner’s intentions and plans for the site. In response to the City’s inquiry, the applicant
submitted a Modification to a Final Site Plan application to the Department of Planning in August 2010. The
application requested the complete demolition of the remaining Bozeman Brewery Building.
Any modification of a site plan approved under the Unified Development Ordinance (Title 18 Bozeman
Municipal Code) shall be submitted to the Planning Director for review and possible approval. The Planning
Director must determine if the modified plan is or is not in substantial compliance with the originally approved
plan before acting on the modification request. The remaining east wall of the Bozeman Brewery Building was
Commission Memorandum
51
Report Complied on November 4, 2010
originally proposed to be an integral part of the new development. It was planned to be rehabilitated to an
appearance that returned several features of the wall back to its original appearance. The preservation and
rehabilitation of the Bozeman Brewery Building’s east wall was the primary reason why the project received
support by Planning Staff for the several deviations requested. The complete demolition of the east wall is
determined to be a substantial change in the original development design and not in compliance with the
originally approved plan. Therefore, the demolition application is subject to all applicable standards and site plan
review and approval provisions of the Unified Development Ordinance (Title 18 BMC), which primarily includes
“Standards for Certificates of Appropriateness” (Section 18.28.050) and “Demolition or Movement of Structures
or Sites within the Conservation District” (Section 18.28.080).
Though a significant portion of the Bozeman Brewery Building has been demolished, Planning Staff is still
considering the structure to be a “contributing property” within a historic district. Demolition of contributing
properties within historic districts shall be subject to approval by the City Commission through a public hearing,
after considering a recommendation from Administrative Design Review (ADR) Planning staff and the Design
Review Board (DRB). The application was also reviewed by the Development Review Committee (DRC), the
Northeast Urban Renewal Board (NURB), the Historic Preservation Advisory Board (HPAB), and the Northeast
Neighborhood Association (NENA). The recommendations of all City Boards are included in the section “City
Board Recommendations” which is on page 11 of the staff report.
The Department of Planning offers different conditions of approval dependent on the direction of the City
Commission. The recommended conditions of approval are listed beginning on page 12 of the staff report.
The final recommendation of the Northeast Neighborhood Association will be forwarded to the City
Commission prior to the scheduled public hearing as an addendum to the staff report. Additionally, if the
applicant submits cost estimates for demolition prior to the scheduled public hearing, they will also be
forwarded to the Commission as an addendum to the staff report.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
ALTERNATIVES: As suggested by the City Commission
Attachments: Staff Report with Attachments
52
CITY COMMISSION STAFF REPORT
BOZEMAN BREWERY BUILDING DEMOLITION MODS TO FINAL SITE PLAN #Z-07145A
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 1
Item: Zoning Application #Z-07145A, a Modification to a Final Site Plan
application to demolish the remaining four-story structure (wall) of the
Lehrkind Brewery Building property addressed as 801 and 803 North
Wallace Avenue. The property is zoned as “NEHMU” (Northeast Historic
Mixed Use District) and is located within the Neighborhood Conservation
Overlay District. The property is also included as a contributing property
within the Bozeman Brewery Historic District.
Owner: Scala Properties, LLC
1228 31st Street NW, Level 2
Washington, DC 20007
Applicant: Goff Architecture Ltd.
201 South Wallace Avenue
Bozeman, MT 59715
Date: City Commission Public Hearing: Monday, November 15, 2010 at 6:00 p.m.
in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman,
MT.
Report By: Allyson C. Bristor, AICP, Associate Planner
Recommendation: That the City Commission grant a stay of demolition of the Bozeman
Brewery Building for six months from the date of their decision; and after
the conclusion of six months the property owner may request a demolition
permit for the Bozeman Brewery Building through the Building
Department; and any demolition shall be completed in accordance with City
Staff’s recommended conditions of approval.
PROJECT LOCATION
The subject property is addressed as 801 and 803 North Wallace Avenue, which is generally located on the
southwest corner of North Wallace Avenue and East Tamarack Street and encompasses approximately 65,000
square feet in lot area. The property includes the remains of the historic Lehrkind Brewery Building (from this
point forward referred to as the Bozeman Brewery Building), a part of the Bozeman Brewery Historic District.
The property is zoned “NEHMU” (Northeast Historic Mixed Use District) and is also located within the
Neighborhood Conservation Overlay District.
The Lehrkind Brewery Building is one of the six contributing structures of the Bozeman Brewery Historic
District. Other buildings included in this historic district include the Bottling Plant located across Wallace
Avenue and the Lehrkind Mansion located across the abandoned Aspen Street. Following its use as a brewery
(post Prohibition), the Lehrkind Brewery Building site was used for a variety of things, including a coal company,
soda production business, ice plant and warehouse, Kessler Creamery operations, photography studio and
Bozeman Plumbing & Heating office. All the uses were predominately industrial and office in nature. Before the
current property owner’s purchase, the site was generally neglected and not properly maintained, due to the
difficult historic condition of the buildings and the fact that the property was divided between multiple owners.
53
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 2
ZONING DESIGNATION & ADJACENT LAND USES
The subject property is zoned “NEHMU” (Northeast Historic Mixed Use District) and the intent of such a zoning
district is to provide recognition of an area that has developed with a blend of uses not commonly seen under
typical zoning requirements. The unique qualities and nature of the area are not found elsewhere in Bozeman and
should be preserved as a place offering additional opportunities for creative integration of land uses.
The intent of this area is to allow private and case by case determination of the most appropriate use of land in a
broad range of both nonresidential and residential uses. Standards for buffering between different land uses are
deliberately not as high as that elsewhere in the community as it is assumed that persons choosing to locate in this
area are aware of the variety of possible adjacent land uses and have accepted such possibilities as both acceptable
and desirable. It is expected that the lots within this district will continue to develop under a variety of uses which
may increase or decrease in scope in any given portion of the district.
The clear intent of this district is to support a mix and variety of nonresidential and residential uses. Authorized
uses for the “NEHMU” include a blend of those uses allowed in the “R-2” (Residential Two-Household, Medium
Density) and “M-1” (Light Manufacturing) zoning districts excluding adult businesses and casinos.
The subject property is surrounded by the following land uses:
North: Industrial grounds, zoned as “M-1;”
South: Lehrkind Mansion B&B, zoned as “NEHMU;”
East: Wallace North LLC complex, zoned as “M-1;”
West: Lattice Materials complex, zoned as “NEHMU.”
Please refer to the zoning map below:
The act of demolition would create an empty property lot, which is not specifically prohibited in the NEHMU
district. However, a more desirable development of the property would be the establishment of a use, or a blend
of uses, allowed in the “R-2” and “M-1” zoning districts.
54
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 3
BOZEMAN COMMUNITY PLAN FUTURE LAND USE DESIGNATION
The property is designated as an “Industrial” future land use. This classification provides areas for the uses which
support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within
these areas is intensive and is connected to significant transportation corridors. In order to protect the economic
base and necessary services represented by industrial uses, uses which would be detrimentally impacted by
industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger
community and should meet basic standards for landscaping and other site design issues and be integrated with
the larger community.
The act of demolition would create an empty property lot, which is not specifically prohibited for an “Industrial”
designated property. However, a more desirable development of the property would be the establishment of an
appropriate mix of residential and light-manufacturing uses.
PROJECT BACKGROUND
The original Bozeman Brewery Building proposal was submitted to the City’s Department of Planning in June
2007 by property owner Scala Properties, LLC and representative Graham Goff of Goff Architecture, Ltd. The
details of the project proposal included the following: 1) demolition of the Haynes Building complex, 2) a
combination of reconstruction, rehabilitation and demolition of the existing Brewery Building to create a building
complex with four sections of residential units (total: 35 units/approx. 33,400 SF), approximately 10,210 SF of
commercial/office space, an elevated courtyard and an underground mixed-use parking garage, 3) new
construction of a building along Tamarack Avenue (Tamarack Building) with residential units (4 units/approx.
4,800 SF) and approximately 6,600 SF of commercial/office space, and 4) new construction of a surface parking
lot. Zoning deviations were available to the property owner because of the property’s location within the
Neighborhood Conservation Overlay District. Seven deviations were requested and approved with the original
proposal. The deviations were required for the proposed percentage of office use, building lot coverage, building
height and lot area and width.
Summarized below is a timeline of the Bozeman Brewery Building project’s extensive background since original
submittal to the Bozeman Department of Planning:
June 2007: Brewery applicant submits Preliminary Site Plan/COA/DEV application to Planning Department
June/July 2007: Demolition of non‐contributing parts (including “Hell Roaring Building” and wood frame
additions) of the Brewery Building property approved by Planning Department prior to
Preliminary Site Plan approval – Demolition occurs
August 20, 2007: Preliminary Site Plan approval granted by City Commission – Brewery applicant has six months to
turn in a Final Site Plan application to the Planning Department
February 2008: Brewery applicant submits Final Site Plan application to Planning – traffic study included with
application and demonstrates the need for a light signal at the Peach and Rouse intersection –
the installation of a light signal the responsibility of the applicant (as the code required at that
time)
March 13, 2008: Encroachment Permit for the closure of the sidewalk along the west side of North Wallace
Avenue between Aspen and Tamarack approved for an 18‐month duration
April 21, 2008: Appeal by Brewery applicant to not have to install a traffic signal at Peach and Rouse approved
55
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 4
by the City Commission
May 5, 2008: Final Site Plan approval by Planning Department
May/June 2008: Demolition permit of Brewery Building property (including the remaining “Haynes Building” and
“Lehrkind Brewery Building”) approved by Planning Department prior to building permit approval
– demolition to follow a demolition plan created by a licensed structural engineer included in the
Final Site Plan approval – temporary bracing installed on the east wall of the “Lehrkind Brewery
Building”
May/June 2009: One year extension to Final Site Plan approval granted by Planning Department
September 2009: Extension to Encroachment Permit granted by Engineering until May 5, 2010
July 27, 2010: Letter sent from Planning Department asking about the applicant’s intentions with the site –
letter sent because questions about the long term stability of the wall and possible hazards to
the public had been raised by members of the public and the Building Department – letter stated
that “the City is interested in discussing with you the long term maintenance and development of
the site.”
August 24, 2010: A Modification to a Final Site Plan application was submitted by the Bozeman Brewery applicant
requesting the complete demolition of the remaining “Lehrkind Brewery Building” structure/wall.
September 15, 2010: Mods of FSP application deemed “inadequate” by City Staff – applicant requested to supply: “A
structural analysis update from the original structural engineer on the project stating the
justification for why the remaining wall/structure on the property needs to be demolished” –
asked to be submitted within 15 days
October 6, 2010: Structural analysis update submitted by applicant
October 20, 2010: Additional information requested by the applicant so City Staff can make a recommendation to
the demolition of the wall:
1. An inspection of the wall and the temporary bracing system shall occur by the current
Engineer of Record or another Montana State Licensed Engineer. The Engineer should
provide a letter documenting the current structural condition of the wall and the temporary
bracing along with a recommendation either for demolition or a plan to maintain/stabilize
the wall in its current condition.
2. If the wall is determined to be a threat to public health or safety, a cost estimate for
permanent bracing or other remediation to make it stable and safe must be submitted and
must demonstrate how it either a) exceeds the cost of the remaining structure and/or b) the
remaining structure has no viable economic or useful life remaining (per Section 18.28.080
of the BMC, “Demolition or Movement of Structures or Sites within the Conservation
District”).
October 27, 2010 Additional information submitted by applicant
PROJECT PROPOSAL
The City Planning and Building Departments sent a letter to the Bozeman Brewery property owner and applicant
following the expiration of the Final Site Plan and Sidewalk Encroachment Permit. The departments inquired
about the property owner’s intentions and plans for the site. In response to the City’s inquiry, the applicant
56
Bozeman Brewery Building Demolition Mods to FSP (#Z-07145A) 5
submitted a Modification to a Final Site Plan application to the Department of Planning in August 2010. The
application requested the complete demolition of the remaining Bozeman Brewery Building.
Any modification of a site plan approved under the Unified Development Ordinance (Title 18 Bozeman
Municipal Code) shall be submitted to the Planning Director for review and possible approval. The Planning
Director must determine if the modified plan is or is not in substantial compliance with the originally approved
plan before acting on the modification request. The remaining east wall of the Bozeman Brewery Building was
originally proposed to be an integral part of the new development. It was planned to be rehabilitated to an
appearance that returned several features of the wall back to its original appearance. The preservation and
rehabilitation of the Bozeman Brewery Building’s east wall was the primary reason why the project received
support by Planning Staff for the several deviations requested. The complete demolition of the east wall is
determined to be a substantial change in the original development design and not in compliance with the
originally approved plan. Therefore, the demolition application is subject to all applicable standards and site plan
review and approval provisions of the Unified Development Ordinance (Title 18 BMC), which primarily includes
“Standards for Certificates of Appropriateness” (Section 18.28.050) and “Demolition or Movement of Structures
or Sites within the Conservation District” (Section 18.28.080).
Though a significant portion of the Bozeman Brewery Building has been demolished, Planning Staff is still
considering the structure to be a “contributing property” within a historic district. Demolition of contributing
properties within historic districts shall be subject to approval by the City Commission through a public hearing,
after considering a recommendation from Administrative Design Review (ADR) Planning staff and the Design
Review Board (DRB). The application was also reviewed by the Development Review Committee (DRC), the
Northeast Urban Renewal Board (NURB), the Historic Preservation Advisory Board (HPAB), and the Northeast
Neighborhood Association (NENA). The recommendations of all City Boards are included below in the section
“City Board Recommendations.”
REVIEW CRITERIA & FINDINGS
The Department of Planning & Community Development reviewed this Modification to a Final Site Plan
application against the relevant sections of the Unified Development Ordinance (Title 18 of the Bozeman
Municipal Code, BMC) and as a result offers the following comments.
Section 18.28.050 “Standards for Certificates of Appropriateness”
A. All work performed in completion of an approved certificate of appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park
Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C.
Because of its historic significance to the Bozeman community and its vital importance as a contributing
building to the Bozeman Brewery Historic District, the proposed demolition of the Bozeman Brewery
Building is found to be in direct conflict with the Secretary of Interior’s Standards for the Treatment of
Historic Properties.
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; 2. Proportions of
doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6.
Directional expression, with regard to the dominant horizontal and vertical expression of
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surrounding structures; 7. Architectural details; 8. Concealment of nonperiod appurtenances, such
as mechanical equipment; and 9. Materials and color schemes.
New construction is not proposed following the proposed demolition. Therefore, this section is not
applicable.
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.
Not applicable.
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.
Not applicable.
E. Conformance with other applicable development standards of this title.
The application is reviewed under the criteria of “Demolition or Movement of Structures or Sites Within
the Conservation District” (Section 18.28.080 of the UDO) which is discussed further below in this staff
report.
F. Tax abatement Certificate of Appropriateness applications are also reviewed with the procedures
and standards established in Chapter 3.30, BMC.
Not applicable.
Section 18.28.080 “Demolition or Movement of Structures or Sites Within the Conservation District”
The demolition or movement of any structure or site within the conservation district shall be subject to the
provisions of this chapter and section. The review procedures and criteria for the demolition or movement
of any structure or site within the conservation district are as follows:
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 prior to the demolition or moving permit may be issued.
No plans for new construction are proposed with this demolition application. The proposed subsequent
development, following the demolition of the Bozeman Brewery Building, is to remove all rubble, grade
the site to match adjacent properties, and reopen the closed sidewalk.
The Department of Planning generally does not support demolition of historic buildings without plans for
subsequent reconstruction or new construction.
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B. The demolition or movement of conservation district principal and accessory structure or sites,
which are designated as intrusive or neural 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 Section 18.28.050, BMC.
Not applicable, as the building proposed for demolition is designated as a “contributing” structure within
the Bozeman Brewery Historic District.
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 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 staff to reflect
current conditions on the site, prior to the review of the demolition or movement proposal. The
final authority for demolition or movement of structures or sites within this section shall rest with
the City Commission.
Though a significant portion of the Bozeman Brewery Building has been demolished, Planning Staff is
still considering the structure to be a “contributing property” within a historic district.
The City Commission shall base its decision on the following:
1. The standards in 18.28.050 UDO, and the architectural, social, cultural, and historical
importance of the structure or site and their relationship to the district as determined by the
State Historic Preservation Office and the Planning Department.
The application is requesting the demolition of the remaining east wall of the four-story structure
known as the Bozeman Brewery Building. The building is considered a contributing building to the
Bozeman Brewery Historic District. The Bozeman Brewery Historic District is one of only ten
brewery historic districts listed on the National Register of Historic Places (according to records
found on http://www.nps.gov/nr/research/). Overall, the historic district represents important aspects
of Bozeman’s industrial, social, and ethnic history. Please see the entire Bozeman Brewery Historic
District National Register nomination form that is attached to this report. Because the Bozeman
Brewery Historic District is compact in size and only includes five buildings, the demolition of the
remaining Bozeman Brewery Building removes an extremely significant building from the historic
district. The Bozeman Brewery Building is so significant to the district that it might be the reason
why the Bozeman Brewery Historic District loses its listing on the National Register of Historic
Places.
Because of its historic significance and its important contribution to the Bozeman Brewery Historic
District, the proposed demolition of the Bozeman Brewery Building is found by the Planning
Department, with input from the Montana State Historic Preservation Office, to be in direct conflict
with the Secretary of Interior’s Standards. Therefore, the criteria of this section are not satisfied.
2. If the Commission finds that the criteria of this section are not satisfied, then, before approving
an application to demolish or remove, the Commission must find that at least one of the
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following factors apply based on definitive evidence supplied by the applicant, including
structural analysis and cost estimates indicating the costs of repair or rehabilitation versus the
costs of demolition and redevelopment:
a. The structure or site is a threat to public health or safety, and that no reasonable repairs or
alterations will remove such a threat; any costs associated with the removal of health or
safety threats must exceed the value of the structure.
b. The structure or site has no viable economic or useful life remaining.
Additional information was requested from the applicant so City Staff could make a
recommendation to the City Commission on the proposed demolition. That additional
information was the following:
1. An inspection of the wall and the temporary bracing system shall occur by the current
Engineer of Record or another Montana State Licensed Engineer. The Engineer should
provide a letter documenting the current structural condition of the wall and the temporary
bracing along with a recommendation either for demolition or a plan to maintain/stabilize the
wall in its current condition.
2. If the wall is determined to be a threat to public health or safety, a cost estimate for
permanent bracing or other remediation to make it stable and safe must be submitted and
must demonstrate how it either a) exceeds the cost of the remaining structure and/or b) the
remaining structure has no viable economic or useful life remaining (per Section 18.28.080 of
the BMC, “Demolition or Movement of Structures or Sites within the Conservation
District”).
The applicant submitted the additional information on October 27, 2010 and reviewed by
Planning Staff. The information was forwarded to the members of the Development Review
Committee, which includes representatives from the Building, Fire, Engineering, and Streets
Departments. Members of the DRC reviewed the information and Staff’s recommended
conditions at their November 3, 2010 meeting. A stay of demolition of the Bozeman Brewery
Building was supported by the DRC with the conditions of approval recommended by City Staff.
The structural engineer’s letter reiterates the fact that the existing temporary bracing on the
Bozeman Brewery Building wall was designed with the intent it would remain standing for a
short duration between demolition and final construction. In reality, the temporary bracing has
kept the wall standing for one and a half years.
The structural engineer identifies areas of the wall and temporary bracing system that are
deteriorating, likely from the exposure to weather (rain, wind, snow, etc). The engineer states
that “the existing epoxy anchors into the unreinforced masonry wall continue to experience
significant tension loads and load cycle reversals as the wind blows on the wall.” He continues
by saying “over time with these load cycles and with the small movements of this wall, the brick
will continue to crumble around the epoxy.” In the end, the structural engineer states “these
anchors are not designed to support this masonry wall indefinitely.”
The structural engineer’s final assessment of the wall is the following: “the temporary bracing for
the existing 40-foot high unreinforced masonry wall along Wallace Street is not adequate for
continued support of this wall indefinitely.” Staff assumes the structural engineer chooses to use
the word indefinitely because it is close to impossible to say how much longer the temporary
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bracing will keep the wall standing. It could be six months, it could be a year, or it could be two
years. The greatest threat to the integrity of the temporary bracing system is likely a seismic
event, which is an unknown factor. Another threat is the accumulation of small movements in the
wall from wind load cycles, which is also an unknown. In the end, there are a lot of unknowns
that have to be balanced when determining the level of threat the remaining Bozeman Brewery
Wall has to public health and safety.
The only way to eliminate the possible threat of the remaining Bozeman Brewery Building to
public health and safety is to either a) permanently stabilize the wall or b) demolish the wall.
Both will incur an expense for the property owner. An accurate cost estimate for permanent
stabilization of the wall can only occur when a structural design for stabilization is created by a
certified structural engineer and construction bids are received for said design. However, the
applicant did prepare a cost estimate to restore the wall and permanently brace the wall without a
set of design plans (restoration of the wall must occur before the permanent bracing is
established). The estimate range is submitted as $173,310.00 to $198,310.00. Cost estimates for
demolition of the wall were requested from the applicant by Planning Staff, but were not received
before the drafting of this report. However, Staff assumes the cost estimate for demolition is less
than the permanent stabilization cost estimate, which is why the property owner is requesting for
demolition. If demolition cost estimates are received prior to the scheduled public hearing, they
will be forwarded to the City Commission as an addendum to this report.
The demolition criteria ask the Commission to consider the costs of reasonable repairs or
alterations, which removes the threat to public safety, to the value of the structure. The value of
the historic Bozeman Brewery Building is one that cannot be accurately represented by
quantitative data. Rather, the value of the structure is best represented by qualitative information.
The significant cultural and high social value of the Bozeman Brewery Building was identified
when the City of Bozeman chose to create a National Register Historic District that highlights the
building and its immediate neighboring buildings. The act of listing the property on the National
Register was one that identified it as a historic resource that is extremely valuable to the Bozeman
community. Furthermore, the City of Bozeman chose to offer the highest protection to the
structures included within historic districts which only increases the value of the property. If the
value of a historic structure is only represented as the amount of money required to demolish it,
then the cultural and social value of history is ignored.
It is crucial to consider the level of detriment to the community that will occur with the loss of
this significant building, and likely the loss of the Bozeman Brewery Historic District. Historic
preservation creates a bond between a community and its citizens.1 Demolition of a part of this
amenity removes the community’s connection to it, which can never be reestablished. The value
of the Bozeman Brewery Building can only be described as irreplaceable.
D. If an application for demolition or moving is denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the date of the final decision in order to allow the
applicant and the City to explore alternatives to the demolition or move, including but not limited
to, the use of tax credits or adaptive reuse. The two year stay may be terminated at any point in
time if an alternate proposal is approved or if sufficient additional evidence is presented to
otherwise satisfy the requirements of subsection B or C of this section.
The Department of Planning & Community Development is making the following recommendation for
the Bozeman Brewery Building demolition request:
• That the City Commission grant a stay of demolition of the Bozeman Brewery Building for six
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months from the date of their decision; and after the conclusion of six months the property owner
may request a demolition permit for the Bozeman Brewery Building through the Building
Department; and any demolition shall be completed in accordance with City Staff’s
recommended conditions of approval.
Though the code allows the Commission to consider a two year stay for demolition permits, the
Department of Planning recommends a stay of just six months from the date of their final action. City
Staff recognizes the existing temporary bracing was designed for a short duration between demolition and
final construction. As the structural engineer states, “the anchors of the temporary bracing were not
designed to support the masonry wall indefinitely.” City Staff doesn’t find six additional months as an
indefinite amount of time, but rather a fixed amount of time. Six months will provide ample amount of
time for the property owner/applicant, neighborhood residents, members of the greater community and
City Staff to work together and see if there are any sound financial resources available to permanently
stabilize the remaining Bozeman Brewery Building east wall.
The permanent stabilization and preservation of the wall is likely the only chance remaining to keep the
Bozeman Brewery Historic District listed on the National Register of Historic Places. Historic districts
are culturally important for a city because they increase community pride of place and identify areas that
are significant for the preservation of neighborhood character. Historic districts are also economically
important for a city. Studies have consistently shown properties within designated historic districts have
higher appraised values than those outside of districts and appraisal values of properties increase faster
when located within designated historic districts.
E. All structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Preservation Officer and Administrative Design Review Staff prior to the
issuance of demolition or moving permits.
If the City Commission chooses to allow the demolition request, several conditions of approval are
included in City Staff’s recommendation to mitigate the great loss of the Bozeman Brewery Building and
the Bozeman Brewery Historic District. Those conditions include resurveying of the remaining
contributing properties in the Bozeman Brewery Historic District and preparation of a new National
Register nomination form to determine whether or not the district can remain listed.
F. In addition to the remedies in Chapter 18.64, BMC, the owner of any structure or site that is
demolished or moved contrary to the provisions of this section, and any contractor performing such
work, may be required to reconstruct such structure or site in a design and manner identical to its
condition prior to such illegal demolition or move, and in conformance with all applicable codes
and regulations.
Not applicable. The applicant made proper application for the demolition request.
PUBLIC COMMENT
One letter of public comment was received for this proposal and is attached to this report. The letter was
submitted by Bill and Bobbi Clem, who are the property owners of 802, 810 and 820 North Wallace Avenue
(across Wallace Avenue from the subject property). The letter indicates support of the demolition request. If
public comment is received after the submittal of this report, it will be forwarded to the City Commission prior to
the public hearing for consideration.
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CITY BOARD RECOMMENDATIONS
Several City Boards reviewed the Bozeman Brewery Building demolition application and offered
recommendations for the City Commission’s consideration. Minutes from each board meeting where the
Bozeman Brewery Building demolition was discussed is attached to this report. The recommendations from
each City Board were heavily considered by City Staff and are largely the reason a stay of demolition for
six months is being recommended to the City Commission. The final recommendations and motions made by
each City Board are summarized below, with exception to the Northeast Neighborhood Association (NENA).
Because of the great importance of the Bozeman Brewery Wall and Historic District to the northeast
neighborhood, NENA is holding an emergency neighborhood meeting on November 7, 2010. The goal of this
emergency meeting is for the neighborhood association to formally vote on whether or not to recommend denial
of the Bozeman Brewery Building demolition request in order to allow every possible means of permanent
stabilization of the wall. The notice of the emergency meeting is attached to this report. Because this emergency
meeting occurs after the creation of this staff report, it will be forwarded to the City Commission before the
scheduled public hearing as an addendum to this report.
Historic Preservation Advisory Board: The HPAB saw the application early in its review stages and before the
structural engineer information was submitted for consideration. The board’s Planning and Policy subcommittee
will be forwarding a recommendation to the City Commission that speaks to the recommended form of mitigation
for total loss of the building the at a later time. However, they recommended that the City Staff defer a decision
on demolition to give time to explore possible solutions, as well as include the Northeast Neighborhood
Association in the process.
Northeast Urban Renewal Board: The NURB forwarded a recommendation to the City Commission and City
Staff for preservation of the Bozeman Brewery Building wall, and furthermore that the decisions about the
outcome of the wall lead to the most expeditious redevelopment of the property, with the wall incorporated into
the design.
Design Review Board: The DRB forwarded a recommendation to the City Commission and City Staff for
Bozeman to deny the demolition request for the Bozeman Brewery Building as the proposal did not meet the
review criteria for approval of demolition as set forth in the Unified Development Ordinance.
It should also be mentioned that all City Boards included in their discussion of the application the great need for a
demolition by neglect ordinance.
CITY STAFF RECOMMENDATION
The Department of Planning & Community Development is making the following recommendation for the
Bozeman Brewery Building demolition request:
• That the City Commission grant a stay of demolition of the Bozeman Brewery Building for six months from
the date of their decision; and after the conclusion of six months the property owner may request a demolition
permit for the Bozeman Brewery Building through the Building Department; and any demolition shall be
completed in accordance with City Staff’s recommended conditions of approval.
The additional six months will allow the applicant, the Northeast Urban Renewal Board, the Northeast
Neighborhood Association, the general public, and the City to explore alternatives to the demolition, including
but not limited to finding additional funding resources to be used for the permanent stabilization of the wall.
The Department of Planning offers different conditions of approval dependent on the direction of the City
Commission. They are discussed in the following section.
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RECOMMENDED CONDITIONS OF APPROVAL
If the City Commission supports the recommendation to stay the demolition of the Bozeman Brewery Building
for six months, the following conditions of approval are recommended by City Staff:
1. The property owner and/or applicant shall submit a written narrative outlining how each of the conditions
of approval and code provisions has been satisfied.
2. The sidewalk adjacent to the property shall remain closed to the public throughout the six month stay of
demolition.
3. New “Sidewalk Closed Ahead” signs shall be installed south and north of the closed section of sidewalk
adjacent to the property. The property owner and/or applicant shall arrange for the installation of these
signs in collaboration with the Bozeman Engineering Department. These signs shall be maintained by the
property owner and/or applicant for the duration of the six month stay of demolition.
4. The property owner and/or applicant shall comply with the Bozeman Building Department requirements
to remediate the concerns of weather protection for the existing anchor bolts.
If the City Commission allows demolition of the Bozeman Brewery Building, whether it is immediate or six
months from their decision, the following conditions of approval are recommended by City Staff:
1. The property owner and/or applicant shall submit a written narrative outlining how each of the conditions
of approval and code provisions has been satisfied prior to issuance of a demolition permit.
2. The property owner and/or applicant shall hire a qualified professional, who meets the Secretary of the
Interior’s Standards for qualified professionals (http://www.nps.gov/history/local-law/arch_stnds_9.htm),
to resurvey the five properties located within the Bozeman Brewery Historic District. Following the
survey work, the qualified professional shall prepare a new National Register of Historic Places
nomination form that supersedes the existing Bozeman Brewery Historic District form. The new
nomination form and all affiliated materials shall be submitted to the National Park Service for a final
determination of whether or not the Bozeman Brewery Historic District can remain listed on the National
Register of Historic Places.
3. If the National Park Service determines the loss of the Bozeman Brewery Historic District, then the
property owner and/or applicant shall hire a qualified professional, who meets the Secretary of the
Interior’s Standards for qualified professionals (http://www.nps.gov/history/local-law/arch_stnds_9.htm),
to prepare the necessary National Register nomination forms in an attempt to individually nominate the
remaining former-contributing properties of the Bozeman Brewery Historic District.
4. If the property owner and/or applicant do not wish to complete all the National Register survey and
nomination work required to meet the conditions of approval prior to issuance of a demolition permit,
then the property owner shall enter into an agreement with the City of Bozeman financially guaranteeing
the completion of all required National Register survey and nomination work.
5. A demolition plan prepared by a certified structural engineer shall be submitted to the Department of
Planning prior to a demolition permit request. The demolition plan shall include the following
information: 1) phasing of demolition that correlates to building plans or elevations and 2) a written
explanation of the demolition activities that will occur in each phase.
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6. The applicant shall attempt to salvage materials of the Bozeman Brewery Building during the demolition
process. A written narrative explaining the process and materials of salvage shall be submitted to the
Department of Planning for approval by Administrative Design Review Staff prior to a demolition permit
request.
7. Following demolition, the property shall be graded flat and cleared of all debris. If outside storage is
proposed on the site, a screening plan shall be submitted to the Department of Planning for review and
approval prior to the issuance of a demolition permit.
8. Any damaged sidewalk along North Wallace Avenue that was damaged during any of the demolition
shall be replaced and meet all City and ADA standards within 90 days of issuance of a demolition permit.
9. The applicant shall work with the Water/Sewer Department to assure that all service lines have been
properly abandoned per code.
10. Construction/demolition traffic shall limit its use of Wallace Avenue as their direct route to the site.
11. Any necessary street closures shall be coordinated with the City of Bozeman Engineering and Street
Departments.
The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this
project prior to receiving final site plan approval. 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.
Code Provisions
Planning
• Section 18.34.130, a Building Permit must be obtained prior to the work, and must be obtained within
one year of final site plan approval. Building Permits will not be issued until the final site plan is
approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and
approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY
BE POURED UNTIL A BUILDING PERMIT IS OBTAINED.
• Section 18.38.080, “Clean Up of Property and Revegetation Required,” the developer shall ensure
that all construction and other debris is removed from the development. This includes concrete, asphalt,
dead trees and shrubs, and fencing materials. All areas disturbed during construction shall be reseeded
with vegetation types approved by the Gallatin County Weed Control Supervisor.
• Section 18.42.160, “Outside Storage,” all materials, supplies, or other similar matter not on display for
direct sale, rental or lease to the ultimate consumer or user shall be stored within the confines of a 100
percent opaque wall or fence not less than six feet tall. This includes the current pallets of brick stored on
the site. No storage of any type shall be permitted within any required yards.
• Section 18.64.100, “Building Permit Requirements,” a Building Permit must be obtained prior to the
work, and must be obtained within one year of final site plan approval. Building Permits will not be
issued until the final site plan is approved.
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• Section 18.64.110, “Permit Issuance,” states that no permit or license shall be issued unless the use,
arrangement and construction has been set forth in such approved plans and applications.
Engineering
• A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove
solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The
plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water
detention/retention basin details (including basin sizing and discharge calculations, and discharge
structure details), storm water discharge destination, and a storm water maintenance plan.
• The applicant shall submit a construction route map dictating how materials and heavy equipment will
travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development
Ordinance. This shall be submitted as part of the final site plan for site developments, or with the
infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the
construction traffic follows the approved routes.
• All construction/demolition activities shall comply with section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to
adjacent streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall be
responsible to reimburse the City for all costs associated with the work if it becomes necessary for the
City to correct any problems that are identified.
CONCLUSION
Over the last two decades, the City of Bozeman has implemented a historic preservation program to protect the
community’s historically and culturally significant resources. The Bozeman Community Plan states how the City
envisions a community with a rich collection of historically and culturally significant resources for the benefit of
all citizens living in and visiting Bozeman. The Community Plan continues to state the City’s mission in regards
to historic preservation: carry out a historic preservation program that protects and promotes Bozeman’s historic
resources so they remain surviving and contributing pieces of our community.2
In addition to the Community Plan’s goals, the risk of losing an entire historic district is justification for a stay of
demolition no less than six months. All financial opportunities that can result in the permanent stabilization of the
remaining Bozeman Brewery Building wall shall be considered prior to a rush towards demolition. Private
financing through a bank may not be the only valid option for the preservation of the remaining wall. Through
collaboration of private and public, alternatives to demolition may quickly emerge. City Staff feels six months is
adequate amount of time that can allow for the consideration of all alternatives.
“Preservationists are often accused of opposing demolition of any and all buildings. In fact, few, if any,
preservationists have that attitude. But preservationists often take the position that demolition permit should not
be issued without knowing what is going to built instead, and without having some surety that the proposed
construction project will, in fact, go forward if the demolition is approved.”3 Considering demolition of a historic
structure before all alternatives are weighed and balanced is not striving toward the community’s goal of
promoting historic resources for their continued survival. Therefore, the Department of Planning is
recommending a stay of demolition for six months to allow the applicant, the Northeast Urban Renewal Board,
the Northeast Neighborhood Association, the general public, and the City Staff to explore alternatives to the
demolition, including but not limited to finding additional funding resources to be used for the permanent
stabilization of the wall.
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Attachments: Applicant’s Original Application Materials
Applicant’s Additional Application Materials (Structural Engineer Reports)
Bozeman Brewery Historic District National Register Nomination Form
Historic Preservation Advisory Board Meeting Minutes
Northeast Urban Renewal Board Meeting Minutes
Design Review Board Meeting Minutes
Clem Public Comment Letter
NENA Emergency Meeting Notice
Report Sent To: Scala Properties, LLC, 1228 31st Street NW, Level 2, Washington, DC 20007
Goff Architecture Ltd., 201 South Wallace Avenue, Bozeman, MT 59715
1 The Economics of Historic Preservation: A Community’s Leader Guide, “Preservation Economics as Public Policy,”
Donovan D. Rypkema. 2 Bozeman Community Plan, “Chapter 5: Historic Preservation, most recent edition June 1, 2009. 3 The Economics of Historic Preservation: A Community’s Leader Guide, “Preservation Economics as Public Policy,”
Donovan D. Rypkema.
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