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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. 82 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 83 #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. 84 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 2 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. 85 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 3 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. 86 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 4 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” 87 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 5 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 88 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 6 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. 89 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 7 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. 90 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 8 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. 91 #Z-11213 Woerlein SHR/Garage COA/DEV Commission Staff Report 9 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 92 Page 1 of 5 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 93 Page 2 of 5 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 94 Page 3 of 5 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. 95 Page 4 of 5 Board of Adjustment Minutes – June 14, 2011 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 96 Page 5 of 5 Board of Adjustment Minutes – June 14, 2011 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 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111