HomeMy WebLinkAboutPublic Hearing and Consideration of Audrey’s Pizza CUP and CA with Deviation
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Audrey’s Pizza Outdoor Seating Conditional Use Permit/Certificate of Appropriateness and Deviation #Z-11198.
MEETING DATE: September 19, 2011
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: That the City Commission approve Audrey’s Pizza Outdoor Seating
Conditional Use Permit and Certificate of Appropriateness with Deviation application
(#Z-11198) 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 move to approve Conditional Use Permit and Certificate of Appropriateness with Deviation application Z-11198 to allow a new outdoor seating area, including a setback deviation, and the expansion of the sale of alcohol for on-premise consumption within the outdoor seating
area, at 401 East Peach Street, commonly known as Audrey’s Pizza Oven, hereby
incorporating by reference the conditions of approval and findings included in the staff report.” BACKGROUND: Extensive background information for this project is included,
(beginning on page 2), in the attached staff report. Audrey’s Pizza Oven, located on the
northeast corner of N. Rouse Avenue and East Peach Street, has submitted a request for the construction of a new 12 foot by 30 foot outdoor seating area on the west side of the existing
building. This application would also allow the outdoor on-premise consumption of alcohol
within the new outdoor seating area. The original CUP document and conditions approved by the
City Commission, (copy attached at the end of the staff report), would be subsequently amended
to add the new and/or amended conditions for this project and be re-recorded. The recommended conditions for the granting of this outdoor seating request are included on page 3 of the attached
staff report.
The application also includes a request for a 13 foot setback deviation from the required Rouse
Street setback to the new outdoor seating area and this deviation request is specifically addressed on pages 10 and 11 of the staff report.
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The City Commission reclaimed jurisdiction of this application at their public meeting on August
29, 2011 as the original review authority for the CUP/development. Therefore, the City
Commission is the final decision making body for this CUP/COA/DEV application.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1) Approval of the CUP/COA/DEV with the conditions as recommended
by staff.
2) Approval of the CUP/COA/DEV with amended conditions as
determined by the City Commission. 3) Denial of the CUP/COA/DEV application.
4) As determined by the Commission.
FISCAL EFFECTS: The standard application fee was received for the CUP/COA/DEV
application and was added to the Department of Planning’s application fee revenue.
Attachments: Staff Report, Original recorded “CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT” (CUP), Montana Department of Transportation e-mail comment, Applicant’s Materials
Report compiled on: September 7, 2011
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City Commission Staff Report for Audrey’s Pizza Outdoor Seating CUP/COA/DEV File #Z-11198
Item: A Conditional Use Permit and Certificate of Appropriateness application including a setback deviation to allow a new outdoor seating area with on premise alcohol consumption at 401 E. Peach,
commonly known as Audrey’s Pizza Oven.
Owner: Great Northwest Construction, Steve Schlegel 1929 Bozeman Trail Bozeman, MT 59715
Applicant/Representative: Audrey’s Pizza Oven, Steve Schlegel
401 E. Peach Bozeman, MT 59715
Date: City Commission Meeting, September 19, 2011 at 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is located on the northeast corner of N. Rouse Avenue and East Peach Street and is
addressed as 401 E. Peach. The property is legally described Lots 22-24, Block 119, Northern Pacific
Addition, SE 1/4, Section 6, T2S, R6E, P.P.M., City of Bozeman, Gallatin County, Montana. The zoning designation for said property is HMU (Historic Mixed Use District) and is located in the
Neighborhood Conservation Overlay District. The property is designated as Industrial Use in the
Bozeman Community Plan. Please refer to the vicinity map provided on the following page.
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Proposal/Background
The proposal includes the construction of a new 12 foot by 30 foot outdoor seating area on the west side of the existing Audrey’s Pizza building. This conditional use permit would enable the outdoor on-
premise consumption of alcohol within the new outdoor seating area. The application includes a request
for a 13 foot deviation from the required Rouse Street setback to the new outdoor seating area.
Audrey’s Pizza is located on a site previously occupied by a gas station and convenience store. The initial development of this site as a restaurant was approved via a Sketch Plan/Re-Use/COA in February
of 2009 (File #Z-09027). Staff viewed the project as the adaptive re-use of a site, which previously
housed a more intensive use (convenience store/ gas station). Staff worked with the applicant to reduce
some of the existing site non-conformities. Several of the non-conformities alleviated with that
application including the closing of the drive access on Rouse Avenue, the narrowing of the Peach Street drive access, reduction of pavement in the watercourse setback area, improved storm water retention,
screening of rooftop mechanical equipment, greatly improved landscaping and screening of the parking
area and building improvements with design elements appropriate for the Neighborhood Conservation
Overlay District. Approval for that application was granted in March 12, 2009.
On April 12, 2010, the City Commission, (after having reclaimed review from the Board of
Adjustment), approved the applicant’s request for a Conditional Use Permit (CUP) to allow alcohol
sales (beer/wine cabaret license) on the subject property. That approval included the granting of
variances to Section 18.44, BMC, for required improvements to North Rouse Avenue and the north side
of East Peach Street adjacent to subject property including curb, gutter, sidewalk and drive access improvements. It should also be noted that the applicant’s original CUP application included picnic
tables for outside dining on the east side of the site in the watercourse setback area of Bozeman Creek.
These picnic tables and seating were not supported due to watercourse setback and safety concerns.
A copy of the recorded “CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT”
(CUP) that was executed following the City Commission’s approval is attached at the end of this staff
report. The applicant is now proposing to amend this original approval to add outdoor seating. If the
City Commission is inclined to approve the applicant’s request to add outdoor seating, this CUP
document will be amended to add the new and/or amended conditions and be re-recorded.
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Earlier this year, the applicant submitted an informal application (I-10017) to the Planning Department
and Development Review Committee (DRC). This informal application proposed adding a second story
addition to the existing structure which essentially would have doubled the size of the structure and would have necessitated a myriad of deviations (e.g. setbacks, including a watercourse setback, parking,
building height, etc.). The applicant has subsequently applied to add just this seasonal outdoor seating
area. In fact, the applicant’s original outdoor seating area was larger but they amended their request to
reduce the size of the area to stay within required parking requirements (for what they already have) and
to reduce the amount of setback deviation they would need. The outdoor seating area will now not encroach any further towards Rouse Avenue than what the buildings existing terraced landscaping area
does.
On August 10, 2011 the DRC recommended conditional approval of this CUP/COA/DEV application
and their recommended conditions and comments are included in this report.
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC and Staff find that the application, with conditions and code
provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following conditions of approval are recommended. Please note that these
conditions are in addition to or amend the conditions included in the original CUP approval/document
attached at the end of this staff report.
Recommended Conditions:
1. The applicant shall provide the Department of Planning and Community Development with
preliminary approval for the design of the outdoor seating area from the Montana Department of
Revenue prior to the issuance of a building permit for this area.
2. A final site plan shall be submitted to the Department of Planning and Community Development detailing the final outdoor seating area design and the replacement landscaping to be installed
along the west side of the outdoor seating area prior to the issuance of a building permit for this
area.
3. The applicant shall obtain an encroachment permit from the Montana Department of
Transportation for any work within the Rouse Street right-of-way.
4. A copy of the amended Montana Department of Revenue liquor license authorizing the serving
of alcohol in the outdoor seating area shall be submitted to the Department of Planning and
Community Development prior to the serving of alcoholic beverages outdoors at this location.
5. As represented by the applicant, there shall be no outdoor music permitted on the site.
6. The last sentence of Condition #4 of the original CUP approval shall be amended to delete the last sentence which reads “No alcohol may be consumed by patrons on this property outside the
building”.
7. Condition #7 of the original CUP approval (which referenced indoor signage and that there be no
outdoor service or consumption of alcohol) shall be deleted.
Conclusion/Recommendation
The DRC and Staff have reviewed the Audrey’s Pizza Outdoor Seating/On Premise Consumption of
Alcohol CUP/COA/DEV and recommends to the City Commission approval of said application with the
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conditions outlined in 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 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.
Zoning Designation & Land Uses
The property is zoned HMU (Northeast Historic Mixed Use). The intent of the Northeast Historic Mixed
Use 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 those 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. Nothing
in this chapter shall be interpreted to be discouraging or prejudicial to any listed use except as set forth as
principal and conditional uses. The following land uses and zoning are adjacent to the subject property:
North: Residential use, zoned “HMU” (Northeast Historic Mixed Use) South: Residential use, zoned “R-2” (Residential One and Two Household Medium Density District)
East: Commercial use, zoned “HMU” (Northeast Historic Mixed Use)
West: Residential use, zoned “R-2” (Residential One and Two household Medium Density District)
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the recently updated Bozeman Community Plan designates
the subject property to develop as Industrial. 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 shall meet basic standards for landscaping and other site design issues and be
integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in
harmony.
Review Criteria & Staff findings
Section 18.34.110.E. CONDITIONAL USE PERMIT; “Consideration and Findings for
Conditional Use Permits”
In addition to the plan review criteria contained in Section 18.34.100 below, the Review Authority shall,
in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity.
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Audrey’s Pizza has proven to be a successful adaptive reuse of a previous commercial site (gas
station/convenience store). While utilizing a site with numerous situational constrains (e.g. two street
setbacks, an adjacent watercourse/setbacks, an existing building, etc.), the applicant has successfully redeveloped the site and, overall, the site appears to be functioning reasonably well. Staff has not
identified any public health and safety issues related to the addition of outdoor seating on site. The one
issue that the public has commented on in the past with this project is the adequacy of parking for the
use. For this particular application, the applicant has reduced the size of their initial outdoor seating area
to stay within the required on-site parking requirements of the City’s code. The use of the outdoor seating area will also be seasonal when some vehicular parking may be offset with patrons that would
walk or bike to the site.
Staff believes the applicant has also positioned the outdoor seating area in the most logical location on
the site. While the location does necessitate a setback deviation, it stays within the area already developed with terraced landscaping on the west side of the building and MDT has indicated that they
did not have any concern with the outdoor seating area in terms of its setback from the Rouse Avenue
right-of-way.
The site is currently in conformance with the plans and CUP conditions previously approved by the City Commission and staff is not aware of any complaints that have been received by the City in relation to
alcohol consumption at this location.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof.
As of the writing of this report, no written public comments have been received by the Department of
Planning and Community Development in response to the public noticing for the project.
As previously indicated, staff is not aware of any comments or complaints following the City Commission’s issuance of the original CUP to serve beer and wine last year which may indicate that the
addition of beer and wine sales in this location is not impacting abutting properties.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise and warrants any special conditions as deemed
necessary by the City Commission.
3. That any additional conditions stated in the approval are deemed necessary to protect the
public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs;
requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of
hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are included to
protect the public health, safety, and general welfare. Note: These conditions are in addition or will amend the existing CUP conditions for the property granted by the City Commission in 2010 (copy of
recorded CUP attached at the end of this staff report) and if the City Commission approves this request,
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a new CUP document will be prepared incorporating all new or amended conditions for recording.
Recommended Condition #1 has been included since the Montana Department of Revenue
requires/approves the actual outdoor serving area and fencing for outdoor alcohol sale and consumption. While the City reviews and approves the design as well, this recommended condition is intended to
coordinate an approved design between the two entities prior to construction.
Recommended Condition #2 has been included for City Staff to review the final fence design (as
reviewed and approved by both the City and State (Condition #1) and for the applicant to detail the replacement landscaping on the west side of the outdoor seating area.
Recommended Condition #3 is a standard condition recommended by the Engineering Department in
case any work during the construction of the outdoor seating area or replacement landscaping occurs
within the North Rouse right-of-way.
Recommended Condition #4 is a standard condition and is intended to assure that the new/amended
State license has been secured prior to the serving of alcoholic beverages on the outdoor patio.
Recommended Condition #5 has been included to specifically prohibit outdoor music for this outdoor seating area due to the proximity of residential uses and the potential impacts music could have on those
uses.
Recommended Condition #6 has been included to amend existing CUP condition #4 to delete the last
sentence which reads: “No alcohol may be consumed by patrons on this property outside the building.”
Recommended Condition #7 is included to delete existing CUP condition #7 that specifically required
that interior signage be installed indicating there be no outdoor service or consumption of alcohol.
In reference to the proposed hours of operation for the outdoor seating area, the original CUP (Condition #8) states that food and beverage service hours shall not extend beyond 11:00 p.m. In this application,
the applicant has indicated that “We plan on keeping the outside dining hours available in the summer
only. Although our closing hours are at 11 p.m. most nights we close at 9 p.m. We would not change our
hours of operation and plan on being closed before it gets dark.” Staff and the DRC have not proposed
any change of hours or special hour restrictions for the outdoor seating area from the original 11 p.m. restriction. The City Commission can weigh this issue in light of any public comment received at the
public hearing to see if any special hourly restrictions for the outdoor seating area are warranted.
Section 18.34.100 “Plan Review Criteria”
In considering applications for plan approval under this title, the review authority and advisory bodies
shall consider the following criteria:
1. Conformance to and consistency with the City’s adopted growth policy
The site has historically been a retail operation surrounded by residential uses. Through the previous site
and CUP approvals, the City has given this project special consideration and the project has proven that
it can co-exist in harmony with the surrounding uses. Therefore, the development proposal is in conformance with the Bozeman Community Plan including the “Industrial” land use designation. This development also seem to be consistent with the intent section of the HMU District (as referenced under
the “Zoning Designation and Land Uses” section on page 4 of this report) and specifically the statement
that “It is expected that the lots within this district will continue to develop under a variety of uses which
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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.”
The proposed outdoor seating area should add a seasonal vitality to this existing development and may help to ensure that this redevelopment project can continue to be successful.
2. Conformance to this title, including the cessation of any current violations
The project is in compliance with the previous City approvals (CUP) and adopted site plan. Staff is not aware of any current violations on the subject property. 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.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be further
evaluated against the requirements of the International Building Code at the time application is made for
a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The building/site renovations and landscaping installed by the applicant have greatly enhanced the
character of the N. Rouse Avenue corridor, the surrounding neighborhood and the Northeast Urban Renewal District. This location is currently being used for as a restaurant. The existing building for this
use was reviewed and approved through sketch plan review by staff in 2009. The size of the restaurant
exceeds the allowable square footage for a restaurant in the HMU District. The building’s existing
square footage is 1,794 square feet and the allowable square footage is 1,500 square feet. Staff deemed it
a more appropriate and less intensive use than the former lawful non-conforming use as a convenience store, so no variance was required. The proposed outdoor seating area is 360 square feet in size.
The addition of this seasonal outdoor seating area, with the conditions recommended by staff and the
DRC, appears reasonable considering the site constraints in establishing an outdoor seating area
anywhere else on the site.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking will be required to meet the City’s minimum standards. The applicant has sized
the proposed outdoor seating area to stay within the already provided on-site parking requirements for the site. The B.M.C. requires one space for every 50 square feet of indoor serving area and one space per
100 square feet of outdoor (patio) area for restaurants. The applicant’s indoor floor plan provides
approximately 481 square feet of indoor serving area which equates to 9.62 spaces on-site spaces being
required. The proposed 360 square foot outdoor serving area requires 3.6 spaces. Therefore, a total of
13.22 spaces are required. The applicant currently has 14 provided parking spaces on the south side of the building and the one required handicapped designated space. There are also 2 additional “employee”
parking spaces on the north side of the building. Therefore, the required on-site parking requirements of
the code are met for the addition of this outdoor seating area.
It should also be noted that there is adjacent on-street parking on N. Rouse Avenue as well as a connecting sidewalk on the east side of Rouse for patrons to travel to the restaurant. Future plans for the
improvement of N. Rouse by the Montana Department of Transportation (MDT) are still in the design
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stages and on-street parking along Rouse is something that the City has requested in those street designs.
Funds to construct these improvements have yet to be allocated to MDT. MDT staff has stated that no
funds are available until after 2015. Whether or not funds will be available in 2015 or later, nobody
knows.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. The removal of the Rouse Avenue drive access with
the original Sketch Plan application removed a non-conforming access and reduced congestion and conflict at this intersection. Pedestrian ingress and egress is proposed to remain unchanged. A variance
to the provision of sidewalk along East Peach Street was approved as part of the original CUP.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space, and pedestrian areas, and the preservation or replacement of natural vegetation
The applicant installed significant landscaping improvements for the site as part of the original
development and no modifications to the existing landscaping are proposed at this time. Staff has
included recommended condition #2 for the applicant to detail the replacement landscaping on the west
side of the outdoor seating area as part of the final site plan application.
8. Open space
As a commercial project, there is no open space or parkland dedication components required of this
project.
9. Building location and height
No physical alterations are proposed for the existing building other than the addition of the fenced
outdoor seating area. The building height will remain unchanged.
10. Setbacks
As previously noted, the placement of the proposed outdoor seating area on the west side of the building
triggers a setback deviation. As N. Rouse Avenue is classified as an arterial, a 25 foot setback to structures is required under Section 18.38.060.C.2 of the B.M.C. The applicant proposes that the edge of
this outdoor seating area be setback 13 feet from the right-of-way. This requested setback deviation is
further addressed under the DEVIATION REQUEST section below. No other setbacks are proposed to
be changed as part of this application.
11. Lighting
No changes to lighting, and no additional lighting, are proposed as part of this application. The existing
CUP code provisions remain in effect regarding continued compliance of the site with the City’s
adopted lighting standards.
12. Provisions for utilities, including efficient public services and facilities
No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
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Only minor changes to the site surface drainage are proposed. The Engineering Department did not have
any concerns regarding drainage as part of this application.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas.
15. Grading
As the new outdoor seating area utilizes the existing elevation/terraced landscaped area on the west side
of the building, only minor grade changes are likely needed to accommodate the new outdoor seating
area and replacement landscaping.
16. Signage
No new or additional signage is requested as part of this application.
17. Screening
No new screening is required with this application. As previously noted, a final landscape plan shall be
submitted with the final site plan to reflect the replacement landscaping on the west side of the outdoor
seating area.
18. Overlay district provisions
This project is located within the Neighborhood Conservation Overlay District and thus requires
Certificate of Appropriateness approval as part of this application. The outdoor seating and fence design
generally match/incorporate the design and materials previously approved as part of the COA as part of
the original building design and construction. The fence around the outdoor dining area must also be constructed to meet the requirements of the Montana Department of Revenue. The final outdoor seating
and replacement landscaping design will be further reviewed by staff as indicated in recommended
condition #2.
19. Other related matters, including relevant comment from affected parties
No written public comment has been received by the Planning Department at the time of this report. A
property owner on the west side of Rouse Avenue commented at the City Commission meeting where
the review for this item was reclaimed. Her comments were in regards to desiring to review the
proposed fencing details, noise, parking, and future Montana Department of Transportation Plans for North Rouse Avenue. While Planning staff encouraged this lady to come into the office (and provided
her our contact information) to review the plans, as of this writing of this report, she has not been into
the office to review the application.
In regards to noise, recommended condition #5 has been specifically included to address this concern.
In regards to parking and the MDT plans for N. Rouse Avenue, please see the parking analysis provided
on page 7 of this report.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
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Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to
become nonconforming.
Not applicable
21. Compliance with Title 17 Chapter 2, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
DEVIATION REQUEST:
The western “fenced” edge of the proposed outdoor seating area is located 13 feet from the North Rouse
Street right-of-way. As North Rouse Avenue is classified as an arterial in the Bozeman Transportation
Plan, a 25 foot setback is normally required under Section 18.38.060.C.2. of the B.M.C. Therefore, the applicant has requested the necessary deviation to this standard as part of this application.
Section 18.28.070 – DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS indicates that
because the development of much of historic Bozeman preceded zoning, subdivision and construction regulations, many buildings within the conservation district do not conform to contemporary zoning standards. In order to encourage restoration and rehabilitation activity that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may be
granted as described in Chapter 18.66, BMC.
The criteria for granting deviations are as follows:
i. 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; Staff Comments: The proposed outdoor seating area and fencing detail appear to be designed to
match the building aesthetics previously approved for the site and seems to be a reasonable
ancillary/accessory use to the restaurant that is customarily enjoyed by similar establishments in
the City. The design of the outdoor seating area includes the use of rusted corrugated metal
siding for the end posts (to match the existing building) and recycled wood timber caps and posts.
ii. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof; and
Staff Comments: Staff believes the applicant has proposed the outdoor seating area in the most
logical location on the site in relation to abutting properties and the existing site constraints. With
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the recommended conditions of approval, specifically the conditions prohibiting any outdoor
music, along with the original CUP conditions, the proposal should not have any adverse impacts
to the neighborhood.
It should also be noted that staff did send the application to the Montana Department of
Transportation (MDT) in regards to the location of the outdoor seating area in relation to the N.
Rouse Avenue right-of-way. The MDT responded that “it looks like the 13’ from the existing
R/W will be fine.” (copy of comments attached)
iii. Modifications shall assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a time
period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent and purpose set forth in this chapter.
Staff Comments: Along with the conditions included with the granting of the original CUP, staff
has recommended conditions for the addition of the proposed outdoor seating area intended to
assure the protection of the public health, safety and general welfare. The proposed outdoor
seating area will also not encroach any further west towards N. Rouse Avenue than the existing terraced landscaping on this side of the building. The City Commission, in the review of the
proposal, may consider any other conditions it considers appropriate as part of the review.
AS THIS APPLICATION INCLUDES A REQUEST FOR A DEVIATION, AND BECAUSE THE
BOZEMAN CITY COMMISSION PREVIOUSLY VOTED AFFIRMATIVELY TO ASSUME JURISDICTION OVER THIS DECISION, THE BOZEMAN CITY COMMISSION SHALL MAKE THE FINAL DECISION ON THIS DEVIATION. THE CONCURRING VOTE OF FOUR MEMBERS OF THE COMMISSION IS NECESSARY TO EFFECT THIS DEVIATION.
THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED
PERSON AS SET FORTH IN SECTION 18.66.080 OF THE BOZEMAN MUNICIPAL CODE.
Attachments: Original recorded “CONDITIONS OF APPROVAL FOR A CONDITONAL USE
PERMIT” (CUP) Montana Department of Transportation e-mail comment Applicant’s Submittal Materials
Report Sent to: Great Northwest Construction, Steve Schlegel, 1929 Bozeman Trail, Bozeman, MT 59715
Audrey’s Pizza Oven, 401 E. Peach, Bozeman, MT 59715
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