HomeMy WebLinkAboutRevised Public Hearing for Woerlein Single-Household Residence, Garage Certificate of Appropriateness
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
Tim McHarg, Planning Director
SUBJECT: 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 29, 2011
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: That the City Commission approves the Woerlein SHR/Garage
Certificate of Appropriateness with a Deviation application (#Z-11213) with staff’s
recommended conditions of approval.
RECOMMENDED MOTION: “Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for Z-11213 and move to approve Certificate of
Appropriateness with a Deviation application Z-11213 requesting the construction of a new
single-household residence with an attached garage on the vacant property addressed as
515 West College Street, hereby incorporating by reference the findings included in the
staff report with conditions and subject to all applicable code provisions.”
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 deviation 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 deviation 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 deviation 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 deviation application had been denied. Staff regrets this error.
The current deviation application was submitted after working with Staff to determine the most
appropriate means to address the error.
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Some changes have occurred to the original residence’s design in the deviation 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 construction, including
the central covered porch and covered patios, 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 and requires a 20-foot front yard setback.
Because Staff erred in applying the procedural requirement for affirmative BOA action and
failed to inform the applicant that the deviation application had been denied, it was found to be
more appropriate for the new application to be reviewed by the City Commission. The City
Commission reclaimed the application through a public hearing vote on August 22, 2011.
scheduled BOA meeting in mid-September.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1) Approval of the COA/DEV application with no conditions.
2) Approval of the COA/DEV with the recommended conditions as
amended by staff.
3) Denial of the COA/DEV application.
4) As determined by the Commission.
FISCAL EFFECTS: The standard application fee was waived due to Staff’s error.
Attachments: Staff report; BOA June 14, 2011 meeting minutes; applicant materials.
Memo compiled on: August 18, 2011
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#Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 1
City Commission Staff Report for Woerlein
SHR/Garage Certificate of Appropriateness
with a Deviation Application #Z-11213
Item: Sketch Plan Certificate of Appropriateness with Deviations application for the construction of a
new single-household residence with an attached garage on the vacant property addressed as 515 West
College Street, which is located within the Neighborhood Conservation Overlay District and the Cooper
Park Historic District. One deviation is requested from BMC Section18.16.050.A.1.b, “Yards,” to allow
the new construction, including the front covered porch and covered patios, 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 and requires a 20-foot front yard setback.
Property Owner: Christof & Gesche Woerlein, 7424 Highline Ct., Missoula, MT 59808
Applicant: BBT Traditions, c/o Ed Adamson, 291 Turtle Way, Bozeman, MT 59715
Date submitted to the City Commission: August 18, 2011
City Commission public hearing date: August 29, 2011
Report By: Allyson Bristor, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The property is legally described as Lot 14B, Block 47, Amended Plat of Park Addition, City of
Bozeman, Gallatin County, Montana. The zoning designation for said property is “R-2” (Residential
Two-Household, Medium Density) and is located within the Cooper Park Historic District and the
Neighborhood Conservation Overlay District.
The property was created through a boundary realignment subdivision exemption in January 2007.
While it is located within the Cooper Park Historic District boundaries, it is adjacent to the east
perimeter of the historic district and is not considered a contributing property as it has been separated
from the original property addressed as 726 South 6th Avenue.
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Background
Property owners Christof and Gesche Woerlein and applicant Ed Adamson of Bozeman Building
Traditions submitted a Certificate of Appropriateness (COA) with a Deviation 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 COA with a Deviation 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 deviation application. However,
pursuant to Sec. 76-3-324 of the Montana Code Annotated (MCA) the concurring votes of four BOA
members are required to approve a deviation 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 deviation application had been denied.
The current COA and deviation application was submitted after working with the applicant to determine
the most appropriate means to address the error.
Some minor changes have occurred to the original residence’s design in the deviation application
considered by the BOA, specifically to the front (south) elevation and the location of a front covered
porch. 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
construction, including the front covered porch and covered patios, 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 and requires a 20-foot front yard setback. This was one of the same deviations originally
requested with the application to the BOA.
Because Staff erred in applying the procedural requirement for affirmative BOA action and failed to
inform the applicant that the deviation application had been denied, it was found to be more appropriate
for the new application to be reviewed by the City Commission. The City Commission reclaimed the
application through a public hearing vote on August 22, 2011.
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Proposal
The project proposes the construction of a new single-household residence with an attached garage on
the vacant property addressed as 515 West College Street. A public alley is located along the entire
length of the east side of the property. The residence structure is two-story in height, covers less than
40% of the lot area, and includes five bedrooms. The property is located within the Cooper Park
Historic District boundaries, but is not considered a contributing property to the historic district because
it was a new lot created in 2007 through a subdivision exemption application process. The property is
also located within the Neighborhood Conservation Overlay District.
The design of the house incorporates a steep pitched gable front roof and a centered gable roof covered
porch on the front (south) elevation. Also proposed on the front elevation are two side covered patio
areas. The proposed exterior siding is a combination of cement material horizontal lap siding and board
and batten siding. The windows are a combination of fixed and awning window fixtures.
There is a 10-foot utility easement in the rear of the lot. New buildings are not permitted within this
easement area, however surface parking is permitted as it is considered the property’s rear yard.
The project requires one deviation from BMC Section18.16.050.A.1.b, “Yards,” to allow the new
construction, including a front covered porch and covered patios, 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 as requires a 20-foot front yard setback.
Recommended Conditions of Approval
Based on the subsequent analysis, Staff finds that the application, with the recommended conditions and
the mandated code provisions, is in general compliance with the adopted Growth Policy and the City of
Bozeman Unified Development Ordinance. The conditions of approval listed below are recommended.
Please note that these nine conditions are in addition to the required code provisions beginning on page
8 of this report.
Planning Department Conditions:
1. The proposed window fixtures shall be consistent in color, material and style on all building
elevations.
2. The shed roof and covered patio on the west side of the front (south) elevation shall be removed.
3. The proposed cement material horizontal siding shall have an exposed lap width (reveal) less
than seven inches.
4. The proposed board and batten siding shall be have a finished appearance (stained or painted)
rather than a rustic, unfinished appearance.
5. All existing fencing on the property shall be removed prior to new construction.
6. The parking provided in the rear shall be screened by landscaping or a fence along the rear
property line.
7. The proposed driveway surface materials to the attached garage and parking spaces shall be
permeable in design.
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Engineering Department Conditions:
8. Any existing city sidewalk panels along College Street that are damaged either prior to or during
construction shall be replaced.
9. Sewer and water services shall be shown on the Building Permit drawings and approved by the
Water/ Sewer Superintendent.
Conclusion/Recommendation
Administrative Design Review (ADR) Staff has reviewed the Woerlein SHR/Garage Certificate of
Appropriateness with a Deviation application and recommends to the City Commission approval of said
application with the conditions and code provisions outlined in this staff report. Staff has identified
various code provisions that are currently not met by this application. Some or all of these items are
listed in the findings of this Staff Report. The applicant must comply with all provisions of the
Bozeman Unified Development Ordinance, which are applicable to this project, prior to receiving
Building Permit approval. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval or included in the list of identified code provisions,
does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or State law.
Zoning Designation & Land Uses
The subject property is a vacant lot zoned as R-2 (Residential, Two-Household, Medium Density). The
intent of the R-2 district is to provide for one- and two-household residential development at urban densities
within the City in areas that present few or no development constraints, and for community facilities to serve
such development while respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Residential Two-/Three-Household, zoned R-2
South: Residential Single-Household, zoned R-2
East: Residential Single-Household, zoned R-2
West: Residential Single-Household, zoned R-2
Adopted Growth Policy Designation
The property is designated as “Residential.” This category designates places where the primary activity
is urban density dwellings. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate intensive
residential uses in proximity to commercial centers. The residential designation indicates that it is
expected that development will occur within municipal boundaries, which may require annexation prior
to development.
Review Criteria & Staff Findings
Section 18.28.050 “Standards for Certificates of Appropriateness”
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Section 18.28.050 specifies the required standards for granting Certificate of Appropriateness approval.
In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in
light of these standards.
A. All work performed in completion of an approved Certificate of Appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior,
National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation
Services, Washington, D.C. (available for review at the Department of Planning).
As the property is not considered a contributing property in the Cooper Park Historic District, the
Secretary of Interior Standards and guidelines are non- applicable.
B. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties, and with neighboring structures and properties, shall focus upon the following:
1. Height;
The proposed residence is two-story in height. The highest gable peak reaches approximately 33-feet,
but half of the structure’s mass, including the attached garage, is closer to 26-feet in height. The
covered porch in the center of the front elevation helps provide pedestrian scale to the two-story
structure. Staff finds the proposed height appropriate within the context of the neighborhood.
2. Proportions of doors and windows;
Staff finds the window-to-wall ratio on all building elevations as appropriate for the surrounding
streetscape’s historic character. As included in the recommended conditions, staff wants to ensure the
material, color and style of window fixtures are consistent on all building elevations. Staff will have an
opportunity to ensure this condition is met during the review of the building permit materials.
3. Relationship of building masses and spaces;
Though the attached garage adds mass to the structure, staff finds the placement of the garage in the rear
as appropriate. The placement of the attached garage in the rear allows the automobile access to the
property to occur from the adjacent alley, which is similar to the historic context of the surrounding
neighborhood.
The west building elevation is the longest elevation of the structure. However, staff finds the design to
appropriately break up the linear length of the façade through a combination of window placement,
siding material choices, and the second floor dormer porch.
As conditioned, Staff is recommending the elimination of the shed roof and covered patio on the west
side of the front (south) elevation. A front porch serves as a transition area from the street to the house
and it is also an essential element of a streetscape. Staff finds the two covered patio areas to overpower
the design of the central covered porch. The central covered porch should define the primary entrance
of the building.
With the proposed conditions, Staff finds the proposed relationship of building masses and spaces to be
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appropriate within the context of the neighborhood.
4. Roof shape;
The structure proposes a traditional gable-shaped roof which is appropriate within the context of the
surrounding neighborhood. The pitch of the gable roof is almost identical to the directly adjacent
residential structure to the west. Staff also finds the proposed gable roof form over the covered porch as
appropriate.
5. Scale;
Please see comments under the design guideline “Relationship of building masses and spaces.”
6. Directional expression;
The proposed residence’s directional expression is toward College Street, which is consistent within the
context of the surrounding neighborhood.
As conditioned, Staff is recommending the elimination of the shed roof and covered patio on the west
side of the front (south) elevation. A front porch serves as a transition area from the street to the house
and it is also an essential element of a streetscape. Staff finds the two covered patio areas to overpower
the design of the central covered porch. The central covered porch should define the primary entrance
of the building.
7. Architectural details;
The design of the house incorporates a gable front roof and a gable roofed, central covered porch on the
front (south) elevation. The proposed exterior siding is a combination of cement material horizontal lap
siding and board and batten siding. The windows are a combination of fixed and awning window
fixtures.
As conditioned by staff, this project is found to be appropriate for the context of the surrounding
historic neighborhood.
8. Concealment of non-period appurtenances, such as mechanical equipment;
No mechanical equipment is proposed with this application. If mechanical equipment is proposed,
including air conditioner units, they must be screened and not installed in any required front or side yard
setbacks.
9. Materials and color scheme;
Please see comments included under the design guideline “Architectural Details”.
A. 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.
This application proposes an appropriate infill house design and with the recommended conditions, is
appropriate and compatible with Neighborhood Conservation Overlay District.
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B. 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.
The applicable sections of the Design Guidelines document were all considered during ADR Staff’s
architectural review and reflected in staff’s findings.
C. Conformance with other applicable development standards of this title.
The required criteria for granting deviations are examined in the following section.
Section 18.28.070 “Deviations from Underlying Zoning Requirements”
Section 18.28.070 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, ADR Staff evaluated the applicant's request in light of these
criteria.
A. Modifications shall be more historically appropriate for the building and site in question, and
the adjacent properties, as determined by the standards in § 18.28.050 of this chapter, than would
be achieved under a literal enforcement of this title;
Deviation from BMC Section18.16.050.A.1.b, “Yards”
Staff evaluated the existing front yard setbacks on College Street between 4th and 6th Avenues. The
average front yard setback is 17-feet and 6-inches, with the longest front yard setback being 22-feet and
the shortest front yard setback being 11-feet. The adjacent house to the west of the subject property
provides a 17-foot front yard/corner-side yard setback. The proposed construction proposes 5 feet of the
central covered porch and 2 feet of the covered patios to encroach into the required 20-foot front yard
setback (required due to the fact that College Street is considered a collector street in the Greater
Bozeman Transportation Plan). The total requested encroachment is 5 feet into the required 20-foot
front yard setback, therefore a 15-foot front yard setback will be provided with the new
construction. Staff finds this proposed front yard setback to fall within the range of front yard setbacks
seen along College Street between 4th and 6th Avenues.
It is the determination of the Historic Preservation Office and ADR Staff that with the recommended
conditions of approval this application creates a project which will be more historically appropriate
for the site and surrounding neighborhood in question and thus fulfills Criteria A of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof;
Deviation from BMC Section18.16.050.A.1.b, “Yards”
The combination of window openings, siding material contrast and the dormer covered porch on the
second floor helps to break up the linear length of the structure’s west elevation, which helps minimize
the adverse effect on the adjacent residential property to the west. The required screening on the rear
property, per the recommended conditions, helps to minimize the adverse effect on the adjacent
residential property to the north.
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The proposed 15-foot front yard setback provides an appropriate pedestrian scale for College Street.
Though it is designated as a collector street, it is located within a residential neighborhood that is
designed more to a local street standard.
It is the determination of the Historic Preservation Office and ADR Staff that the proposed construction
will have a minimal adverse effect on abutting properties and thus fulfills Criteria B of Section
18.28.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
C. Modifications shall assure the protection of the public health, safety and general welfare.
Deviation from BMC Section18.16.050.A.1.b, “Yards”
It is the determination of the Historic Preservation Office and ADR Staff that with all the recommended
conditions of approval, the construction of the new single-household residence will have a minimal
adverse effect on the public health, safety and general welfare and thus fulfills Criteria C of Section
18.28.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
PUBLIC COMMENT
The Department of Planning & Community Development did not receive any public comment prior to
submitting this staff report to the City Commission. Any comment received after this report submittal
will be forwarded to the Board prior to the public hearing.
RECOMMENDED CODE PROVISIONS
BMC Provisions
§ 18.16.050, a 20-foot rear yard setback shall be provided with the new construction.
§ 18.42.150 F, in all light fixtures, the light source and associated lenses shall not protrude below
the edge of the light fixture, and shall not be visible from adjacent streets or properties. For
lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall
meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral angle
around the fixture).
§ 18.38.050.F, requires all mechanical equipment to be screened. Rooftop equipment should be
incorporated into the roof form and ground mounted equipment shall be screened with walls,
fencing or plant materials. Ground mounted mechanical equipment shall be screened from all
public rights-of-way. Mechanical equipment shall not encroach into required setbacks.
§ 18.02.080 & 18.64.110, the proposed project shall be completed as approved and conditioned in
the Certificate of Appropriateness application. Any modifications to the submitted and approved
application materials shall invalidate the project's legitimacy, unless the applicant submits the
proposed modifications for review and approval by the Department of Planning prior to
undertaking said modifications. The only exception to this law is repair.
§ 18.64.100.F, the applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval, or said approval shall become null and void. Please call the Building
Department at 406-582-2375 for more information on the building permit process.
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CONCLUSION
Administrative Design Review Staff recommends conditional approval of said Certificate of
Appropriateness application with Deviations. The new construction proposed is found to be in keeping
with the Unified Development Ordinance and the Bozeman Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay District.
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or state law.
BECAUSE THIS APPLICATION IS FOR A CERTIFICATE OF APPROPRIATENESS WITH
DEVIATIONS WAS RECLAIMED BY THE BOZEMAN CITY COMMISSION THROUGH A
VOTE AT THEIR PUBLIC HEARING ON AUGUST 22, 2011, THE BOZEMAN CITY
COMMISSION SHALL MAKE THE FINAL DECISION ON THIS APPLICATION. THE
DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED
PERSON AS SET FORTH IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED
DEVELOPMENT ORDINANCE.
Attachments: Applicant’s Submittal Materials; BOA June 14, 2011 Meeting Minutes
Report Sent to: Christof & Gesche Woerlein, 7424 Highline Ct., Missoula, MT 59808; BBT Traditions,
c/o Ed Adamson, 291 Turtle Way, Bozeman, MT 59715
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Board of Adjustment Minutes – June 14, 2011
BOARD OF ADJUSTMENT MINUTES
TUESDAY, JUNE 14, 2011
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Pomnichowski called the regular meeting of the Board of Adjustment to order at
6:00 p.m. in the City Commission Meeting Room, City Hall, 121 North Rouse Avenue,
Bozeman, Montana and directed the secretary to record the attendance.
Members Present
Ed Sypinski, Vice Chairperson
JP Pomnichowski, Chairperson
Dan Curtis
Pat Jamison
Cole Robertson
Chris Mehl, City Commission Liaison
Members Absent
Staff Present
Allyson Bristor, Associate Planner
Tim McHarg, Planning Director
Tim Cooper, City Attorney
Tara Hastie, Recording Secretary
Visitors Present
Ed Adamson
ITEM 2. MINUTES OF MAY 10, 2011
MOTION: Mr. Curtis moved, Vice Chairperson Sypinski seconded, to approve the minutes of
May 10, 2011 as presented. The motion carried 5-0. Those voting aye being Chairperson
Pomnichowski, Mr. Robertson, Ms. Jamison, Mr. Curtis, and Vice Chairperson Sypinski; those
voting nay being none.
ITEM 3. PUBLIC COMMENT – (15 – 20 minutes)
{Limited to any public matter, within the jurisdiction of the Board Of Adjustment, not on this
agenda. Three minute time limit per speaker.}
Chairperson Pomnichowski opened the general public comment period. Seeing no general
public comment forthcoming, the public comment period was closed.
ITEM 4. PROJECT REVIEW
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Board of Adjustment Minutes – June 14, 2011
1. Woerlein SHR/Garage COA/DEV #Z-11087 (Bristor)
515 West College Street
* A Certificate of Appropriateness with a Deviation application to allow the construction of
a single family residence with an attached garage and related site improvements.
Associate Planner Allyson Bristor presented the Staff Report noting the application was for a
Deviation request and the lot was currently vacant. She stated the Cooper Park Historic District
ended at the eastern alley and included the subject property. However, she stated the site was not
contributing to the Historic District and directed the Board to a rendering of the site plan; she
highlighted the proposed building footprint. She stated the proposal was for a two-story house
with a combination of horizontal lap siding and bat and board siding; the majority of the massing
of the house was set at a height of 23 ½ feet. She stated the garage was proposed to be attached to
the residence, which was the reason for the requested encroachment into the required 20 foot
setback. She directed the Board to the 2nd story balcony feature on the west elevation. She stated
there had originally been two deviations identified; encroachment into the required 20 foot
College Street front yard setback as well as a less than required length for the garage stalls length.
She stated Staff’s recommended conditions of approval would alleviate one of the deviation
requests. She noted she would be available to answer any questions.
Chris Mehl joined the Board of Adjustment meeting.
Ms. Jamison asked for clarification of whether or not there was a fence on the site. Planner
Bristor responded that there had been, but it had been removed. Ms. Jamison asked the location
of the front door. Planner Bristor responded the front door was actually on the west elevation
instead of on the south elevation (facing College Street) as Staff had requested its relocation.
Chairperson Pomnichowski asked the roof pitch. Planner Bristor responded it would be a 10:12
roof pitch that would match an adjacent property. Chairperson Pomnichowski asked what
section of code allowed the attached garage and backing into the alley. Planner Bristor responded
that required parking spaces were not allowed in any front or side yard so were permitted to be
located in the rear yard. Chairperson Pomnichowski asked for clarification of if the front yard
was located on College Street and 6th Avenue. Planner Bristor responded the front yard was
located on College with the alley being located along the east property boundary. Chairperson
Pomnichowski asked for clarification of why one deviation would no longer be necessary due to
recommended Staff conditions of approval. Planner Bristor responded Staff was not supportive
of the garage deviation for less than the required stall length and they had located two parking
stalls on the site other than the originally proposed driveway stacked spaces; the garage space
would have enough backing distance with this proposed change. Planner Bristor added she may
need City Attorney advice to determine whether or not the Board needs to act on both deviations,
even if one is no longer applicable with recorded conditions of approval. Chairperson
Pomnichowski asked Attorney Cooper how the Board would approve the proposal; whether it
would be with both deviation requests or one deviation request. Attorney Cooper responded if the
project was approved with Staff findings, the second deviation would not be necessary. Planning
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Board of Adjustment Minutes – June 14, 2011
Director McHarg suggested the Board’s findings could include the language that they had
identified the second deviation request as not being necessary.
Mr. Curtis asked for clarification of the parking located in the side yard and the distance from the
parking to the lot line. Planner Bristor responded there would no parking in the side yard and
there was at least 11 feet between the parking and the lot line though she didn’t have a scale to
measure exactly; Staff no longer needed to count the stacked parking spaces in the driveway area
with the recommended conditions. Planner Bristor directed the Board to the locations of the
required parking stalls. Mr. Curtis clarified that the parking would be relocated to the north of the
garage. Planner Bristor responded Mr. Curtis was correct and that was the required rear yard area
and two of the required spaces would be met in that location. Mr. Curtis asked if the driveway
would cover the edge of the house to the rear property line. Planner Bristor responded a defined
driveway would need to be provided and landscaping on the site would also need to be included.
She stated if the Board was concerned about the proposed coverage of permanent surfacing, an
additional condition of approval could be included; Staff’s review was more concerned with the
supply of backing distance for parking with regard to the narrow alleyway.
Mr. Robertson asked if the surfacing and percentage of non-permeable surfaces met the code
requirements. Planner Bristor responded that the ordinance requires permanently surfaced driving
and parking areas for larger site plan developments, but did not require the same for single-
household developments on single lots. Mr. Robertson asked if there were provisions for lot
coverage. Planner Bristor responded that impervious surfaces were not counted toward the total
lot coverage. Director McHarg added that the lot coverage requirements were specifically for the
horizontal area of all structures on the lot.
Ed Adamson, Bozeman Building Traditions, 291 Turtle Way, addressed the Board. He stated
they had purchased the lot and received previous approval to construct a house with a detached
ADU. He stated the couple that has purchased the lot from him would rather have a single-family
structure with additional bedrooms and an attached garage which has driven the design of the
proposal.
Chairperson Pomnichowski asked Mr. Adamson to address the parking issues and if he was
agreeable to the condition of approval relocating the parking. Mr. Adamson responded he was
supportive of the condition of approval as it alleviated a problem he had been having on the site
with the parking requirements. He stated he intended to use packed road mix for the driveway as
it was semi-permanent and the parking would be located over the utility easement and within the
garage.
Mr. Robertson asked how the parking would be accessed on the site. Mr. Adamson responded the
parking would be accessed off the alley which was why the reason the backing distance was so
critical. Mr. Robertson asked if the alley was gravel. Mr. Adamson responded the alley was
gravel. Mr. Robertson asked if there would be concrete pad in front of the garage. Mr. Adamson
responded the owner had not requested a concrete pad in front of the garage and there was no
need for it; it would be easier snow and ice removal for the client if there were no concrete. Mr.
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Robertson asked for clarification of the materials and colors schemes that were to be used. Mr.
Adamson responded the siding would have a five inch reveal, such as Blake’s house in the
vicinity (the adjacent property to the west), and would also echo that house’s roof pitch. He
stated the board and batten treatment would provide fenestration and match many of the existing
residences in the neighborhood. The neighboring residence had received a historic preservation
award and they had echoed their design because it fit well in the neighborhood.
Chairperson Pomnichowski opened the public comment period. Seeing none forthcoming, the
public comment period was closed.
Mr. Curtis stated he was satisfied with the parking as it had been explained; the non-permeable
surface question had been answered sufficiently and the new garage depth and front yard
encroachment would match the existing neighborhood. He stated he was supportive of the project
as submitted.
Mr. Robertson stated he was not supportive of the proposal as he felt it did not meet the
requirements of the design guidelines with regard to the Cooper Park Historic District; he did not
think it met the intention of the COA standards of the ordinance with regard to mass and scale.
He stated he found it adversely affected the neighboring property.
Vice Chairperson Sypinski stated he was torn on whether or not to approve the application; he
thought a deviation should be based upon existing site constraints which is not applicable with
this proposal of new construction.
MOTION: Ms. Jamison moved, Mr. Curtis seconded, to approve Woerlein SHR/Garage
COA/DEV #Z-11087 with Staff findings as outlined in the Staff Report.
Ms. Jamison stated she felt the application to be in keeping with the review criteria as set forth in
the UDO.
Mr. Mehl interrupted with a point of order and suggested the BOA did not give the applicant time
to respond to Mr. Robertson’s concerns. Chairperson Pomnichowski and Vice Chairperson
Sypinski disagreed with Mr. Mehl. Chairperson Pomnichowski responded the Board could move
the discussion back to the applicant if they desired. Vice Chairperson Sypinski responded he did
not think the applicant should be included in the Board’s discussion on the project. Mr. Curtis
concurred with Vice Chairperson Sypinski.
Chairperson Pomnichowski suggested Ms. Jamison amend her motion to include both deviation
requests. Attorney Cooper responded the Board could state how the deviation criteria had been
met and include in the findings that Staff’s recommended conditions alleviated the necessity for a
second deviation.
Vice Chairperson Sypinski stated he found the application to be in keeping with the review
criteria as set forth in the ordinance and found the front yard setback deviation to be in keeping
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with the review criteria and the recommended conditions from Staff to alleviate the necessity for
the second deviation request for parking stall length.
The motion carried 3-2. Those voting aye being Chairperson Pomnichowski, Ms. Jamison, and
Mr. Curtis; those voting nay being Mr. Robertson, and Vice Chairperson Sypinski.
ITEM 5. Briefing by City Attorney (As necessary.)
No items were forthcoming.
ITEM 6. Briefing by Planning Staff (As necessary.)
No items were forthcoming.
ITEM 7. NEW BUSINESS
No items were forthcoming.
ITEM 8. F.Y.I.
Planner Bristor stated an additional deviation request had been submitted for Santa Fe Red’s
projecting sign at the F&H Building and would be reviewed by the City Commission as they had
reviewed the building’s development originally.
Chairperson Pomnichowski asked if the Board had completed the on-line ethics training and
financial disclosure form. The Board confirmed their compliance.
Chairperson Pomnichowski stated that during the summer only one Board member at a time could
be absent to maintain a quorum. Director McHarg responded the Planning Department could
assist in working around the Board’s vacation schedules.
ITEM 9. ADJOURNMENT
There being no further business before the BOA, the meeting was adjourned at 6:47 p.m.
JP Pomnichowski, Chairperson
City of Bozeman Board of Adjustment
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