HomeMy WebLinkAbout11- Notice of Appeal for COA/ADR No. Z-11099, 125 W. MendenhallANGEL, COIL & BARTLETT
ATTORNEYS AND COUNSELORS AT LAW
7
125 WEST MENDENHALL ST- STE 20t BOZEMAN, MONTANA 59715 -3544 PHONE: 406-586-1926 FACSIMILE. 406-585-7654
July 8, 2011
City of Bozeman
City Clerk
C.O. Dept of Planning and Development
20 E. Olive Street
Bozeman, MT 59715
Fax: 582.2263
Re: COA/ADR#z-11099
Decision dated June 30, 2011
Notice of Appeal
Please treat this as a formal appeal of the decision to disallow the residing of
the building at 125 W. Mendenhall with rusted, corrugated siding. The
existing building is sided with stucco, a material not very suitable to the
region and weather of Bozeman.
The policy H. Materials cited by the City of Bozeman specifically relates to
"new structures and additions to existing structures." We are not building a
new structure or adding any addition to the existing structure. The policy
does not apply.
The Guideline cited by the City addresses "materials ... that appears similar
to those traditionally used in the area." We share a common wall with a
building that has corrugated blue metal with the same profile as that we
propose to use, without any treatment to generate a rust colored appearance.
The rear of this building has no windows, no structural breaks,, and aside
from hail damage and stucco that is falling away in large sheets, it is uniform
MICHAEL C. COIL - V/1WAm A. BARTLEI T • BRIAN P. FAY - CI--IRIST0r R. ANCEL
HILLARY PRUGH CARLS ' MARK J. LUERECK * DANIEL P. BUCKLEY ` TIMOTHY P. HAMMAR
CHARLE F ANCEL 111 1932 - 20CIS
in appearance. Our proposal will resolve the stucco siding issue and create a
uniform appearance. We respectfully request issuance of a permit so we can
have the shell of the building resided before winter.
Respectfully submitt
i ist
st eLg�el
RE: (COA /ADR #Z- 110199), Certificate of Appropriateness application to allow a change in exterior facade
design and materials, with other related alterations, to the principal building located at 125 West :{Mendenhall
Street. 'llie property is zoned as "B -3" (Central Business District) and is located within the Neighborhood
Conservation Overlay District,
Dear Mr. Angel:
The Bozeman Department, of Planning & Community Development received your Certificate of Appropriateness
(COA) application for exterior alterations at 125 West Mendenhall Street. Your application materials were reviewed
against the Bozeman Unified Development Ordinance (UDO) and the Design Guidelines for the Neighborhood
Conservation Overlay District.
Unfortunately, your application is not found to abide by the COA "materials" standards and architectural design
guidelines. Staff forwarded a recommendation of denial to the acting Planning Director, who is ultimately responsible
for the final decision. In conclusion, the Planning Director has determined the application shall be denied by the
Department of Planning.
All COA applications must abide by the standards and architectural appearance design guidelines listed in Section
18.' 8. 05(9.11 of the UDC), as well as be guided by the applicable chapters of the Bozeman Design Guidelines for
Historic PresenTation & the Neighborhood Conservation Overlay District. You can find paper copies of these
documents at the Department of Planning office, or you can find digital copies of these documents at this website:
17t `xr��na .bozeman.net br>zemaa7 �lannixa IandUse,as x. Chapter 2.H of the Bozeman Design Guidelines for
Historic Preservation applies to this proposal because the structure located at 125 West Mendenhall Street is within
the Neighborhood Conservation Overlay District, Please reference the following architectural design guidelines that
Planning Staff found to be in conflict with the proposal and the reason for the denial;
Chapter 2: Design Guidelines for All Properties
H. Materials
Policy:
Buildin,g materialr of neaal slrw1ures and addilaons to existing structures should �onttibule ro .the visival e•onfinuz�y of llae nei, bborlaood!
Tbg should appear shnilar° to those seen tr'adil onal� to ertahlardr a ,cease of visr al corrrr`rruaty,
Guidelines:
1. Existing structures should contribute to the visual continuity of the neighborhood by using materials that
appear similar to those used traditionally in the area
As the applicant, you have the right to appeal a COA /ADR final decision. An appeal must be documented by filing a
notice of intent to appeal with the Cite Clerk by 5:00 pm can the fourth business day following the final decision (listed
at the bottom of this page). In addition, a documented appeal and appeal fee must be provided within seven business
planning • zoning . subdivision review . onnexoiion • historic preservation • housing 0 grant administration • neighborhood coordination
days of the (Final decision. YOU May obtain additional information and form from the Department of Planning. For
the department's contact information, please see the letterhead.
I'm aware that this decision is not what you had hoped Fear tivith this project submittal.. Please know that Planning
Staff is willing to work with you to find an alternative design, which can be reviewed in an amendment to your
originally submitted plans.
If you have additional questions, or want to discuss design modifications, please do not hesitate in scheduling a
meeting with me by calling 406- 582 -2260,
Sincerelh
.y
Al vson C.' ristor
Associate Planner
CC: Schmit Construction, Ron 5chmit, 75 Hitching Post Rd., 13ozeman, MT 59715
For office rase oniy
DATE OF FILIAL DECIS101
DIRECTOR'S SIGNATURE
Eli,
. ON I .1f
ssvio ISBIJ
COINOS3Md
rl
0
cd
0
cn
0 Ln
no -4
r. f
cc all
o \ e
\ \ \�
cc
U)
N
—4
Ln
r-
0)
Ln
w
r--4
5
it
Ll.
LLJ
> F-
a) V)
u I
'E
E / 2
U - J
Ln
R
0 Ln
LU
cO E
0
0
cn <
IsO
lam
IN