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HomeMy WebLinkAboutRequest to Reclaim Authority of Woerlein Single Housing Residency, Garage.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning Director SUBJECT: Jurisdiction of a Certificate of Appropriateness (COA) with a Deviation application, known as Woerlein SHR/Garage (#Z-11213), for the construction of a new two- story, single-household residence with an attached garage on the vacant property addressed as 515 West College Street. MEETING DATE: August 22, 2011 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Staff is requesting the City Commission to reclaim to itself the final approval of the Woerlein SHR/Garage Certificate of Appropriateness with a Deviation application (#Z-11213) for the property addressed as 515 West College Street, per Section 18.64.010 C.1 of the B.M.C., and further set a tentative public hearing date of August 29, 2011 for formal consideration of the application proposal. RECOMMENDED MOTION: Based upon the justification supplied in the Staff memo, I move to reclaim jurisdiction of the Woerlein SHR/Garage Certificate of Appropriateness with a Deviation application proposed for the property addressed as 515 West College Street. I further move to set the Woerlein application’s public hearing date to August 29, 2011. BACKGROUND: Property owners Christof and Gesche Woerlein and applicant Ed Adamson of Bozeman Building Traditions submitted a Certificate of Appropriateness with a Deviations application requesting the construction of a new two-story, single-household residence with an attached garage on the vacant property addressed as 515 West College Street. A previous variance application for the property was heard by the Board of Adjustment (BOA) on June 14, 2011. The BOA voted 3-2 to approve the previous variance application. However pursuant to Sec. 76-3-324 of the Montana Code Annotated (MCA), the concurring votes of four BOA members is required to approve a variance application. Subsequent to the BOA vote on the previous application, Staff erred in applying this procedural requirement and failed to inform the applicant that the variance application had been denied. Staff regrets this error. The current variance application was submitted after working with Staff to determine the most appropriate means to address the error. 304 Some changes have occurred to the original residence’s design in the variance application considered by the BOA, specifically to the front (south) elevation. Those changes are incorporated in the materials with the current application. The COA application requires one deviation, from BMC Section18.16.050.A.1.b, “Yards,” to allow the new single-household residence, including a front covered porch and steps, to encroach into the required 20-foot front yard setback. College Street is classified as a collector street as designated in the Bozeman growth policy. Because Staff erred in applying the procedural requirement for affirmative BOA action and failed to inform the applicant that the variance application had been denied, we find it more appropriate for the new application to be reviewed by the City Commission. The applicant is under significant time constraints and it is more expeditious to bring the new application to the Commission for review and approval rather than waiting for the next regularly scheduled BOA meeting in mid-September. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: The City Commission may choose to not reclaim jurisdiction of the Woerlein SHR/Garage Certificate of Appropriateness with a Deviation application, and therefore, the Board of Adjustment would be the final decision making body. FISCAL EFFECTS: The standard application fee was waived due to Staff’s error. Attachments: None. Memo compiled on: August 11, 2011 305