HomeMy WebLinkAboutKleindl Duchin Sketch Plan Certificate of Appropriateness with Deviation, Z12006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Historic Preservation Officer
Tim McHarg, Planning Director
SUBJECT: Application for a Certificate of Appropriateness enabling the construction
of a second floor art studio space above the existing garage at 401 South
8th Avenue. One deviation is required for the proposed project, from Section
38.08.050 of the Bozeman Municipal Code, “Residential Zoning- Yards” to
allow the new studio space to encroach into the required 15 foot yard setback.
MEETING DATE: March 5, 2012
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: I move to approve application Z-12006 as described in the
staff report and subject to the conditions therein, based on a finding of compliance with all
applicable criteria.
BACKGROUND: Property owners Bill Kleindl and Courtney Duchin submitted a Sketch
Plan Certificate of Appropriateness application requesting a single deviation, from 380.08.050 of
the Bozeman Municipal Code “Residential Zoning- Yards” to allow the construction of an art
studio space within the required 15 foot corner-side yard setback. Rather than wait until the April
meeting of the Board of Adjustment, Staff requested the City Commission reclaim the
application for review. The City Commission reclaimed the application on February 13, 2012.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application as submitted, with conditions as recommended by Staff.
2. Approve the application with modifications to the Staff recommended conditions.
3. Deny the application based on a finding of non-compliance with applicable criteria.
4. Continue the public hearing on the application, with specific direction to Staff or the
applicant for additional information.
FISCAL EFFECTS: None at this time.
Report compiled on: February 23, 2012
Attachments: Staff Report
Application materials
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City Commission Staff Report for Kleindl/ Duchin Studio in a R-2 District- COA/DEV File #Z-12006
Item: A Certificate of Appropriateness application including a deviation request to allow the
construction of a second story art studio above the existing garage at 401 South 8th Avenue. The existing
garage encroaches into the required 15 foot corner-side yard setback, and a deviation is required to
enable the proposed second floor studio space to intensify the non-conformity by encroaching into the
required corner-side yard setback. The property is zoned R-2 (Residential, Medium Density) and lies
within the Neighborhood Conservation Overlay District.
Owners: Bill Kleindl and Courtney Duchin, 401 South 8th Avenue, Bozeman, MT
Date: City Commission meeting, March 5, 2012, 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Courtney Kramer, Historic Preservation Officer
Recommendation: Conditional Approval
Recommended Motion: I move to approve application Z-12006 as described in the staff report and
subject to the conditions therein, based on a finding of compliance with all applicable criteria.
______________________________________________________________________________
Project Location
Construction of the new art studio is proposed on the second floor of an existing non-conforming garage
located on the north elevation of 401 South 8th Avenue. The property is building is described as WEST
PARK ADD, S12, T02 S, R06 E, BLOCK 25, Lot 1-2, AND n 2 Lot 3, Plat C-49 Plus a vacated 6’ strip, less 7’ at
the west end, City of Bozeman, Gallatin County, Montana
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Proposal/Background
The Certificate of Appropriateness application proposes construction of a second story art studio space
above the existing attached garage for the residence located at 401 South 8th Avenue. The addition of the
studio space does not expand the footprint of the existing attached garage. The studio space is intended
for use by the owners of the residence, and does not constitute establishment of an additional legal
dwelling unit.
Sanborn Fire Insurance Maps indicate construction of the garage sometime between 1927 and 1943. The
garage is located adjacent to the residence, with vehicular access from the north on West Koch Street.
The existing garage encroaches one foot into the West Koch Street Right-of-Way.
The front façade of the art studio is proposed to be set back four feet and six inches from the exterior
wall of the existing garage, or three foot six inches from the property line. Bozeman’s Unified
Development Ordinance, Section 38.08.050 “Residential Zoning- Yards” requires a minimum setback of 15 foot
on “corner side” yards, and thus a the applicants request to deviation from the 15 foot minimum setback by eleven
feet six inches.
Recommended Conditions of Approval
Based on the subsequent analysis, Staff finds 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.
Recommended Conditions:
1. The studio space is not approved as establishment of an additional dwelling unit.
2. Prior to issuance of a building permit, the applicant shall obtain approval of an encroachment
permit from the Director of Public Services to allow the encroachment of the existing garage into
the West Koch Street public right-of-way.
Code Provisions:
3. Per Section 38.01.080 & 38.34.110, 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.
4. Per Section 38.34.100.6, 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.
5. Per Sec. 38.21.050.F, “Accessory Buildings and Equipment”, roof top mounted and ground
mounted mechanical equipment shall be screened.
Conclusion/Recommendation
The Staff has reviewed the Kleindl/ Duchin Studio addition proposal and recommends approval of the
application with the conditions outlined in this Staff Report. The applicant must comply with all
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provisions of the Bozeman Unified Development Ordinance. 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 subject property is a single household residence, zoned R-2 (Residential, two-household, medium
density). The intent of the R-2, Residential Two-household, Medium Density 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: Mixed Use, zoned R-2
South: Single Household Residential, zoned R-2
East: Cooper Park, zoned R-2
West: Single household Residential, zoned R-2
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
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 38.16.050 “Standards for Certificates of Appropriateness”
Section 38.16.050 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).
The construction proposed will impact the existing roof line of a garage addition constructed sometime
between 1927 and 1943. The age of the garage, as well as its design, qualifies the garage as a historic
addition to the property. The proposed modifications satisfy the Secretary of the Interior’s Standards for
Rehabilitation of Historic Properties by avoiding alteration of the historic residential form as well as
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honoring the massing, size, scale and architectural features of the existing garage and residence.
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 height of the studio space is less than the principal ridge line, thus
keeping the accessory building “subordinate” to the principal building.
2. Proportions of doors and windows: The doors and windows proposed with the studio addition
mimic the size and location of the windows on the historic residence.
3. Relationship of building masses and spaces: The proposed studio space increases the mass of
the existing accessory garage, though it does so in a manner which strives to reduce the impact to
the street by stepping the front wall back from the front façade.
4. Roof shape: The hipped-roof proposed with this application matches the roof shape repeated on
the principal residential structure, and is appropriate.
5. Scale: The studio addition does lengthen the scale of the residential structure, by stretching the
two-story massing further west. The proposed new construction, however, is detached from the
residence and thus does not change the scale of either the residence or the historic garage
addition.
6. Directional expression: The proposed studio includes no new doors along West Koch Street,
thus retaining the historic directional expression of the residence.
7. Architectural details: The proposed studio addition strives to march the architectural details of
the historic residence.
8. Concealment of non-period appurtenances, such as mechanical equipment: The applicant
has been notified that screening of mechanical equipment is required (see code provisions).
9. Materials and color scheme: With exception of the metal roofing proposed for the low roof of
the existing garage (which is north-facing and would be hard to properly drain with a more
historically-appropriate material), the materials applied to the studio addition will match the
existing residence.
C. 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.
The proposed studio addition is compatible with the foregoing elements of the historic residential
structure.
D. 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
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by the Design Guidelines for the Neighborhood Conservation Overlay District to determine
whether the proposal is compatible with any existing or surrounding structures.
The Design Guidelines have been incorporated into the above review of the application.
E. Conformance with other applicable development standards of this title.
Said application would permit the construction of a second floor art studio space above the existing
garage. One deviation is required for the proposed project, from Section 38.08.050 of the Bozeman
Municipal Code, “Residential Zoning- Yards” to allow the new studio space to encroach into the
required 15 foot yard setback.
The required criteria for granting deviations are examined in the following section.
Section 38.16.070 “Deviations from Underlying Zoning Requirements”
Section 38.16.070 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 § 38.16.050 of this chapter, than would
be achieved under a literal enforcement of this title;
Literal enforcement of this title would eliminate the above-garage space as a viable location for a
potential addition to the building. Use of the existing garage roof to expand residential space is
preferable to the construction of a second accessory building on the lot. The proposed addition is not
detrimental to the historic integrity of the building, and, if necessary, could be removed and the garage
roof reconstructed in its current form with little damage to the historic residence.
It is the determination of 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 38.16.070 “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;
The proposed addition will intensify the effect of an existing non-conformity. The adverse effect will be
minimal, as the garage already encroaches into the Right of Way. The proposed addition will have no
effect on the permitted uses of the abutting West Koch Street Right of Way.
It is the determination of ADR Staff that with the recommended conditions of approval this application
creates a project which will have minimal adverse effect on abutting properties and thus fulfills
Criteria B of Section 38.16.070 “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.
It is the determination of ADR Staff that with all the recommended conditions of approval and code
provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criteria C
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of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Ordinance.
Summary: Based on a finding that the deviation request meets all applicable criteria, Staff
recommends approval of the deviation request.
AS THIS APPLICATION INCLUDES A REQUEST FOR A DEVIATION, THE CONCURRING
VOTE OF THREE MEMBERS OF THE CITY 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 38.35.080 OF THE BOZEMAN
MUNICIPAL CODE.
Attachments: Application and public comment
Report Sent to: Bill Kleindl and Courtney Duchin, 401 South 8th Avenue, Bozeman, Montana, 59715
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