HomeMy WebLinkAboutStrong Accessory Garage Preliminary Site Plan with CUP
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Historic Preservation Officer
Tim McHarg, Planning Director
SUBJECT: Strong Accessory Garage Preliminary Site Plan with Conditional Use Permit and Certificate of Appropriateness with Deviation #Z-12031
MEETING DATE: May 21, 2012
AGENDA ITEM TYPE: Action-Quasi Judicial
RECOMMENDATION: That the City Commission approves the Strong Accessory Garage
Preliminary Site Plan with Conditional Use Permit and Certificate of Appropriateness with Deviation #Z-12031with the conditions and code provisions and findings within the staff report.
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 application #Z-12031 and move to approve the site
plan with conditions and subject to all applicable code provisions”
BACKGROUND: The applicant has submitted a Preliminary Site Plan application and Conditional Use Permit to establish a Home Based Business and a Certificate of Appropriateness
with Deviation to construct an accessory building to house the Home Based Business. The
Home Based Business involves the fabrication of bicycle frames and assembly of bicycles.
The subject property is located at 619 South Willson Avenue, a property which is listed on the National Register of Historic Places as part of the Bon Ton Historic District and within the City
of Bozeman’s Neighborhood Conservation Overlay District. The subject property is legally
described as Lots 8, 9 & 10, of Block 8, Fairview Addition to the City of Bozeman, T2S, R6E of
Section 7, Gallatin County, Montana. The zoning designation for the property is R-1 (Residential, single household low density).
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Approve the site plan application with the Staff conditions; 2. Approve the site plan application with modifications to the Staff conditions;
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3. Deny the site plan application based on a finding of non-compliance with
applicable criteria; or
4. Open and continue the public hearing on the application, with specific
direction to Staff or the applicant to supply additional information.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report, Applicant’s submittal materials, public comment
Report compiled on: May 9, 2012
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City Commission Staff Report for the Strong
Accessory Garage Preliminary Site Plan with
Conditional Use Permit and Certificate of
Appropriateness with Deviation #Z-12031
Item: A Conditional Use Permit to establish a Home Based Business and a Certificate of
Appropriateness with Deviation to construct an accessory building to house the Home Based Business.
Owner: Carl and Loretta Strong
619 S. Willson Avenue
Bozeman, MT 59715
Applicant: Elaine Hawk 807 Worden Avenue, Suite 2
Missoula, MT 59802
Date: City Commission Meeting May 21, 2012 at 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
______________________________________________________________________________
Project Location
The subject property is located at 619 South Willson Avenue, a property which is listed on the National Register of Historic Places as part of the Bon Ton Historic District and within the City of Bozeman’s Neighborhood Conservation Overlay District. The subject property is legally described as Lots 8, 9 &
10, of Block 8, Fairview Addition to the City of Bozeman, T2S, R6E of Section 7, Gallatin County,
Montana. The zoning designation for the property is R-1 (Residential, single household low density).
Please see the following vicinity map on page 2.
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Proposal
The applicant has submitted a Preliminary Site Plan application and Conditional Use Permit to establish a Home Based Business and a Certificate of Appropriateness with Deviation to construct an accessory building to house the Home Based Business. The Home Based Business involves the fabrication of
bicycle frames and assembly of bicycles. The deviation requested with the application is from Bozeman
Municipal Code (BMC) Section 38.08.050 A2, to allow construction of an accessory structure larger
than 600 square feet in the required 20 foot rear-yard setback. On May 2, 2012 the Development Review Committee (DRC) reviewed the application and
recommended conditional approval. The DRC’s recommended conditions, code citations 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 Code. The following conditions of approval are recommended. Please note that these conditions are in addition to the required code provisions beginning on page 3 of this report.
Project Specific Recommended Conditions of Approval:
1. The Building Permit shall indicate provision of 5/8 Type X sheetrock to cover all walls and ceiling for the first floor interior. Note: Minimum 16” on center support members are required for sheetrock.
2. The Building Permit shall indicate provision of ABC fire extinguishers at the first floor exits and
provision of appropriate fire extinguishing means for Class D (metal) fires.
3. The Home Based Business premises shall be subject to annual inspection by the Bozeman Fire Department to ensure compliance with Fire Code.
4. Prior to approval of a Final Site Plan application, the applicant shall aggregate the 3 lots
comprising the subject property through a subdivision exemption process.
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5. The Final Site Plan application shall include a Landscape Plan that conforms to all requirements
of BMC Sec. 38.41.100, including calculations indicating that the post-project landscaping
satisfied all applicable requirements for residential landscaping as outlined in BMC Sec. 38.26.
6. Hours of machinery operation for business use shall be limited to 8am to 5pm, Monday through Friday.
7. The home based business shall be restricted to a single resident-occupant employee. Additional
non-resident employees of the home based business are not permitted.
8. The Conditional Use Permit for the Home Based Business shall terminate with the sale or
transfer of the property. Heirs and successors in interest of the subject property shall have no rights to continue the home based business. Any home based businesses operated by heirs and successors in interest of the subject property shall be required to be permitted through the
applicable procedures as established in BMC Sec. 38.08.020, as amended.
9. All deliveries for the home based business shall be taken from the Willson Street entrance to the
residence, in order to prevent commercial use of the alley.
10. Prior to Final Site Plan, Staff, the applicant and the adjoining property owner shall work to find an appropriate solution to the design of the west-facing windows of the accessory garage. This
solution shall preserve some type of architectural detailing on the west-facing façade while also
maximizing privacy to the neighbor.
11. Business-related signage shall be prohibited.
12. The height, design and materials of the proposed fencing shall be included as part of the Landscaping Plan with the Final Site Plan application.
13. The Final Site Plan application shall include a final materials palette clarifying materials for
windows, doors, exterior cladding, roofing material, and other exterior architectural fenestration
in order to satisfy the requirements for a complete Certificate of Appropriateness application, which requires review of materials.
Standard Conditions of Approval and Municipal Code Requirements:
14. That the applicant upon submitting the Final Plan for approval by the Planning Director and prior
to issuance of a building permit, will also submit a written narrative outlining how each of the
conditions of approval and code provisions have been satisfied.
15. Section 38.19.120 requires the applicant to submit eight (8) copies a Final Plan within 6 months
of preliminary approval containing all of the conditions, corrections and modifications to be
reviewed and approved by the Planning Office.
16. Section 38.19.120 requires that the final plan shall contain the materials required in
39.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-
way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar
services; (4)Water; and (5) Sewer (sanitary, treated effluent and storm).
17. Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Plan approval. Building Permits will not be issued until the
Final Site Plan is approved.
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18. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall
be incorporated into the roof form or screened in an enclosure and ground mounted equipment
shall be screened with walls, fencing or plant materials. The final plan shall contain a notation
that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape
features. All rooftop mechanical equipment shall be incorporated into the roof form or screened
in an approved rooftop enclosure.”
19. Section 38.23.150 requires a lighting plan for all on-site lighting including all-mounted lights on the building and must be included in the final site plan submittal. 38.23.150.D.7.e states that the maximum illumination measured in foot candles at the property line shall not exceed 0.3 onto
adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-
way.
20. Section 38.23.150.D requires that all site lighting other than pathway intersection lighting and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain
illuminated only while the establishment is actually open for business. A security lighting plan
should be included with the final plan submittal or shall note that no security lighting is
proposed.
21. In Accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection
and if such protection is installed that the device is appropriate for the level of use for the
facility. If the service has been found without backflow protection the applicant will have a
preventer and expansion tank installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Please call the Water Department’s Backflow specialist
at 582-3200 to arrange an inspection of the water service.
22. Section 38.34.100 states that a building permit shall be obtained within one year of final
approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Planning Director.
23. Section 38.39.030 requires that the applicant shall provide for private improvements certification
by the architect, landscape architect, engineer and other applicable professionals that all
improvement including, but not limited to landscaping, ADA accessibility requirements, private
infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications.
24. A construction management plan should be submitted with the formal submittal including a
Construction trash enclosure. For applications other than those classified as sketch plan reviews
per Section 38.19.050, the applicant shall designate a temporary enclosed refuse storage area on
the site plan, including a typical detail with dimensions and type of materials, for the storage and collection of building material debris during the construction phase of the project, and that said debris area is shown accordingly on the final plan.
25. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols
used provided.
26. The location of existing and proposed water/sewer mains and services shall be properly
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depicted, as well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be
distinguishable from existing. City of Bozeman applications for service shall be completed by
the applicant. Any unused water services existing on the property shall be abandoned at the
main.
27. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Any
proposed easements shall be provided prior to FSP approval.
28. Street vision triangles shall be depicted in accordance with section 38.24.100 Unified
Development Code and no plantings or other obstructions shall be located in the vision triangle in excess of 30” in height above the street centerline grade.
29. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified.
Conclusion/Recommendation
The DRC and Staff have reviewed the Strong Conditional Use Permit and Certificate of Appropriateness with Deviation application and recommends to the City Commission approval 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. These items are listed in the findings of this Staff Report. The
applicant must comply with all provisions of the Bozeman Unified Development Code, 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 and Land Uses The subject property is zoned R-1, Residential single household, the intent of which is to provide for
primarily single-household residential development and related uses within the city at urban densities,
and to provide for such community facilities and services as will serve the area's residents while
respecting the residential character and quality of the area.
The subject property is currently used as a single family residential unit. The following land uses and
zoning are adjacent to the subject property:
North: Single-household residential, zoned R-1. South: Single-household residential, zoned R-1.
East: Single-household residential, zoned R-1.
West: Single-household residential, zoned R-1.
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Adopted Growth Policy Designation
The subject property is designated as Residential in the adopted Growth Policy. 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.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net
acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged.
In limited instances the strong presence of constraints and natural features such as floodplains may cause
an area to be designated for development at a lower density than normally expected within this category.
All residential housing should be arranged with consideration of compatibility with adjacent
development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the
primary locations for additional housing within the planning area.
Summary of Public Comment
This application generated substantial public comment both prior to and subsequent of the public notice
process. The applicants and their representative privately hosted a meeting with adjoining neighbors before the application was submitted, and notes from that meeting are included in the application packet. Full copies of the formal, written public comment generated during the City’s review of this project is
included as an addendum to this staff report.
Staff, the applicant and an adjoining property owner coordinated a meeting of adjacent property owners on Monday, April 30 in order to clarify portions of the application, to explain the City’s review process, and to address the concerns brought forth during the public comment period. Staff prepared a brief
Subject Property
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memo regarding the review process, and the applicant and representative presented the application. The
group discussed concerns of adjoining property owners and proposed potential mitigations and
conditions of approval.
Public comment centered on three primary issues: the use proposed as a Home Based Business, the precedent the Commission could set by approving the Conditional Use Permit for the Home Based
Business, and the design of the proposed accessory structure.
The public comment regarding the use proposed as a Home Based Business primarily expressed concern regarding introducing a Home Based Business which incorporated elements of manufacturing into the Bon Ton Historic District and within the R-1 zoning designation. The applicant and representative
submitted information which explains the low-intensity scale at which they will operate this Home
Based Business. Information regarding the machinery necessary to fabricate bicycle frames, the impacts
of those machines, and the amount of time each machine would be used per week was discussed. In the end, recommended conditions 6, 7 and 8 were a result of this communication process.
Public comment also expressed concern regarding the precedent that the Commission could set by
approving the Conditional Use Permit for the Home Based Business. Staff explained that the City
Commission, by adopting a Municipal Code which allows a property owner to request a Conditional Use Permit for a Home Based Business, established the criteria for review of the Strong’s application. A Conditional Use Permit can only be approved if the City Commission determines that the applicable
criteria have been met. Recommended condition 8 is a result of this conversation, as it ensures that each
potential Home Based Business in the new accessory structure at 619 South Willson will have to be
evaluated individually. Finally, public comment also expressed concern about the footprint of the proposed accessory structure.
Staff discussed the criteria for Certificates of Appropriateness and Deviations. Ultimately, this issue was
not resolved at the April 30th meeting. Recommended Condition 10 has been included to mitigate the
impacts of the proposed accessory structure. With this recommended condition, Staff finds that the deviation meets the applicable criteria for approval, since the proposed location of the accessory structure is preferable to locating the proposed accessory structure immediately adjacent to the historic
residential structure.
Review Criteria & Staff Findings
Section 38.10.100 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, BOA, DRC, and when appropriate, the ADR Staff, the DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
The subject property is planned Residential in the adopted Growth Policy. 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.
The application proposes a low intensity home based business in a building accessory to the principal residential dwelling through a Conditional Use Permit. Staff’s analysis and findings regarding the
intensity of the home based business is located below in the Conditional Use Permit section of this
report.
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Staff finds this application to be consistent with the City’s adopted Growth Policy.
2. Conformance to this title, including the cessation of any current violations
Home Based Businesses that are accessory to the principal residential use are permitted in the R-1 zone district through the Conditional Use Permit process. The home occupation requested with this application, low-intensity bicycle frame fabrication and assembly, should be evaluated against the
appropriate definition within the Bozeman Municipal Code:
Sec. 38.42.1380 defines Home Based Business as: “Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Home based businesses are subject to the requirements of this chapter.”
Sec. 38.22.110 “Home-Based Business” establishes standards for enables home occupations that are
accessory to the principal residential use. The standards for home-based businesses included in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood. A second issue is whether the operations of the proposed Home Based Business
are the appropriate intensity to qualify as a home-based business which may be approved through the
conditional use process.
In order to assess the intensity of the operations of the proposed Home Based Business, the application
includes information describing the machinery utilized during the operation of the business, as well as
the extent that machinery is used per week and the effects of said machinery on atmospheric pollutants,
light flashes, glare, odor, noise or vibration.
Staff finds that the scale and intensity of the proposed use is consistent with the standards established for
a Home Based Business and that this application conforms to this Unified Development Code. Please
see further discussion about the Home Based Business criteria on page 10 under Criteria for a
Conditional Use Permit.
3. Conformance with all other applicable laws, ordinance and regulations The application, including the conditions of approval recommended by staff, will conform with all other
applicable laws, ordinances and regulations. The business currently holds a valid business license, and
will continue to do so. Staff is unaware of other outstanding violations.
4. Relationship of site plan elements to conditions both on and off the property
Please see Staff analysis of building location and height under COA criteria on page 14.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The application indicates that the business established through this CUP will have minimal impact on
the traffic and parking conditions. The business operator must live on the premises as part of the CUP criteria. The vast majority of the business is conducted via electronic communication and mail of materials and completed frames, with few customers visiting the premises. Non-resident employees are
prohibited per recommended Condition 7.
The only noticeable effect on traffic may be from the delivery of materials, as the business owner usually delivers the completed frames to a mailing facility. In order to address this, the applicant proposes to restrict delivery trucks to Willson Avenue in order to limit effects of delivery vehicles on
the alley. See recommended Condition 9.
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Subject to the recommended conditions, Staff finds that the completed project will have minimal impact
on the existing and anticipated traffic and parking conditions.
6. Pedestrian and vehicular ingress and egress Pedestrian ingress and egress is not proposed with this application, given the nature of the proposed
home based business. Vehicular ingress and egress is limited to the alleyway, which is appropriate in the context of the neighborhood. As discussed above, delivery vehicles will be restricted to Willson
Avenue.
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
Minimal alterations are proposed to the existing landscaping. Staff will work with the applicant during
the Final Site Plan process to ensure appropriate landscaping on the property, per recommended Condition 5.
8. Open space
The proposed Home Based Business use is not required to provide public open space.
9. Building location and height
Please see Staff’s analysis of building location and height under COA criteria on page 15.
10. Setbacks
The application does not satisfy the setbacks required by Bozeman Municipal Code. Please see Staff’s
analysis of setbacks under deviation criteria on page 17.
11. Lighting
Details regarding exterior lighting were not included with the application. Staff will verify this
information as part of the Final Site Plan application process. See recommended Conditions 6 and 7.
The applicant is aware that exterior lighting must meet the City’s requirements to prevent nuisance and glare.
12. Provisions for utilities, including efficient public services and facilities
All new utilities proposed with this application are adequate for the proposed uses and development.
13. Site surface drainage
Site surface drainage has been addressed with this design and found to be sufficient.
14. Loading and unloading areas
The application proposes no new loading or unloading areas.
15. Grading
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Significant modifications to the existing site grading are not proposed with this application.
16. Signage
No signage is proposed with this application. In order to further minimize the impact of the home based
business, Staff and the applicant have agreed upon recommended Condition 11, which prohibits
commercial signage.
17. Screening
The new accessory structure and business within will be substantially screened from view from the
public rights of way by of a new fence enclosing the rear yard. At this time, the City of Bozeman does
not review design standards for fences which meet defined standards in residential areas, however, recommended Condition 12 has been agreed upon by Staff and the applicant in an effort to ensure the
proposed fence provides sufficient screening. No exterior mechanical equipment, which would require
screening, is proposed with this application.
18. Overlay district provisions
Please see Staff’s analysis of Certificate of Appropriateness criteria on page 14.
19. Other related matters, including relevant comment from affected parties.
Please see the Summary of Public Comment beginning on page 6 of this Staff 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:
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.
Staff has included aggregation of the existing lots through the subdivision exemption process as recommended Condition 4 . Since the three underlying lots are being used and developed as a single
parcel, this condition is necessary to avoid building over property lines, to ensure the proper functioning
of the use and development, and to enable consistent application of the conditional use permit to the
subject property.
Section 38.19.110.E Consideration and Findings for Conditional Use Permits
In addition to the review criteria below, the City Commission shall, in approving a conditional use permit, find 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
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relate such use with the land and uses in the vicinity.
The site for the proposed use is 12,150 square feet and slopes to the north. The application, subject to the
recommended conditions of approval, will provide sufficient accommodation for spaces, walls, fences, parking, loading and landscaping on the premises and in a manner which appropriately relates to the
residential neighborhood.
This application requests a deviation from Bozeman Municipal Code 38.08.050 A2 in order to construct
and accessory structure over 600 square feet in the required 20 foot rear yard setback. Please see further discussion of the requested deviation under Section 38.16.070 “Deviations from Underlying Zoning
Requirements” on page 17.
Staff finds that this CUP criterion is satisfied.
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.
Sec. 38.22.110.C.3 outlines the specific criteria by which an adverse effect caused by a Home Based
Business enabled through a Conditional Use Permit can be measured:
Necessary conditions for conditional use. Home-based businesses permitted through the conditional use permit process are allowed in residential districts only so long as all the following conditions are
observed:
a. Such home-based business shall be conducted by resident occupants with not more than one on-
premises halftime nonresident employee;
The application indicates that the resident occupant is the only on-premises employee of the business.
The Home Based Business criterion listed above does enable up to one half-time nonresident employee,
however, the applicant and owner have expressed willingness to prohibit future expansion of the
halftime non-resident employee through recommended Condition 7 which prohibits additional non-resident employees.
Staff finds that this CUP criterion is satisfied.
b. No more than 30 percent of the gross area of all structures shall be used for such purpose;
The gross area of structures on the property proposed by this application will be 3,648 square feet. The
remodeled house will be 2,088 square feet and the new accessory structure will be 1,560 square feet. The area in the new accessory structure to be used for the home based business will be 756 square feet
or 21% percent of the gross area of all structures on the property.
Staff finds that this CUP criterion is satisfied.
c. No use shall require internal or external alterations or involve construction features or the use
of electrical or mechanical equipment that would change the fire rating of the structure beyond
that allowed in a residential use;
The proposed use will not change the fire rating of the structure beyond that allowed in residential use.
Fire and Building Staff has, however, recommended specific construction techniques above and beyond
those required by residential use in order to ensure public health, safety and welfare. Please see
recommended Conditions 1, 2 and 3.
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Staff finds that this CUP criterion is satisfied.
d. No home base business shall cause an increase in the use of any one or more utilities operated
by the city so that the combined total use for dwelling and home-based business purposes exceeds
the average for residences in the neighborhood;
The application proposes only new electrical service to the accessory building.
Staff finds that this CUP criterion is satisfied.
e. There shall be no outside storage of any kind related to the home-based business;
The application proposes no exterior storage related to the home-based business.
Staff finds that this CUP criterion is satisfied.
f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard
or any other hazard or nuisance to any greater or more frequent extent than that allowed by this
chapter;
The application documents that the effects of noise, dust, vibration, etc., will be minimal and contained
to the premises.
Staff finds that this CUP criterion is satisfied.
g. Home-based business by conditional use permit may only be allowed on lots occupied by single-
household detached dwellings;
The subject property proposed for the home based business is currently occupied by a single household
detached dwelling. Staff and the applicant have agreed upon recommended Condition 4 in order to ensure continued conformance to this CUP criterion.
Staff finds that this CUP criterion is satisfied.
h. Such conditional use shall be subject to all conditions set forth in this chapter, except the
provisions of section 38.26.060, Landscape Performance Standards; and,
A Landscape plan is required to be submitted with the Final Site Plan application per recommended Condition 5. The Landscape plan will be required to conform to all applicable UDC requirements.
Staff finds that this CUP criterion is satisfied.
i. All permits required by the city, including, but not limited to, building permits and business
licenses, shall be received prior to establishing the home-based business.
The applicant is aware of the steps necessary to satisfy this criterion.
After consideration of these criteria and subject to the recommended conditions of approval, Staff finds
the proposed use will have no material adverse effect on abutting properties.
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;
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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 included discussion of recommended conditions of approval where appropriate in this Staff
Report. Staff, the applicant and adjoining property owners have worked together to craft a number of recommended conditions of approval to further protect the public health, safety and general welfare.
These intent and basis of the recommended conditions and reasons are as follows:
Condition 6: Hours of machinery operation for business use shall be limited to 8am to 5pm, Monday
through Friday.
This condition is recommended in order to preserve the neighborhood’s residential character and
to mitigate impacts to adjacent residential uses.
Condition 7: The home based business shall be restricted to a single resident-occupant employee.
Additional non-resident employees of the home based business are not permitted.
This condition is recommended in order to limit the scale and intensity of the operations of the Home Based Business use.
Condition 8: The Conditional Use Permit shall terminate with the sale or transfer of the property. Heirs
and successors in interest of the subject property shall have no rights to continue the home based
business. Any home based businesses operated by heirs and successors in interest of the subject
property shall be required to be permitted through the applicable procedures as established in BMC Sec. 38.08.020, as amended.
This condition is recommended in order to ensure that this Conditional Use Permit at 619 South
Willson Avenue is used only for the Strong’s Home Based Business, as proposed in the
application and reviewed in this Staff Report. As specific impacts and mitigating conditions and
agreements to conditions are specific to this use and owner it is appropriate to terminate the CUP upon sale or transfer. Another CUP could be established but would require review under the
conditions, facts, and procedures relevant at that time.
Condition 9: All deliveries for the home based business shall be taken from the Willson Street entrance
to the residence, in order to prevent commercial use of the alley.
This condition is recommended in order to prevent commercial use of the alleyway, to preserve the neighborhood’s residential character, and to mitigate impacts to adjacent residential
uses.
Condition 10: Prior to Final Site Plan, Staff, the applicant and the adjoining property owner shall work
to find an appropriate solution to the design of the west-facing windows of the accessory garage. This
solution shall preserve some type of architectural detailing in on the west-facing façade while also maximizing privacy to the neighbor.
This condition is recommended in order to ensure the proposed accessory structure satisfies the
City of Bozeman’s requirements for a Certificate of Appropriateness and to preserve the privacy
of adjoining property owners.
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Condition 11: Business-related signage shall be prohibited.
This condition is recommended in order to preserve the neighborhood’s residential character.
Termination and Revocation of Conditional Use Permits:
Bozeman Municipal Code Section 38.19.110.F states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use
Permit procedure. All special conditions and code provisions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in
writing by the applicant prior to commencement of the use and shall be recorded as such with the
Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any
conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
BMC Section 38.19.110.I further specifies how the Termination/ Revocation of Conditional Use Permit
approval occurs:
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
appropriate to a location. A conditional use permit will be considered as terminated and of no further
effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site plan
approval in Section 18.34.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the review and
approval of a new conditional use permit application, or a determination by the Planning Director that
the local circumstances and regulatory requirements are essentially the same as at the time of the
original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning
Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities
must comply with any conditions of approval or code requirements. Should there be a failure to
maintain compliance the City may revoke the approval through the procedures outlined in Section
18.64.160, BMC.
Section 38.16.050 “Standards for Certificates of Appropriateness”
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).
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The Secretary of the Interior’s Standards have been incorporated into the analysis of the criteria for a
COA below. Staff finds that this criterion is satisfied.
It should be noted that the project does propose demolition of a mid-20th century garage addition, which
could now be considered a historic addition to the residence. However, because the garage falls outside
of the period of significance for the Bon Ton Historic District, Staff supports removal of the attached
garage.
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 alterations to the rear of the residence, including a new porch structure, do not impact the height of
the principal residential structure.
The height of the existing residential structure is 25 feet 6 inches. The height of the proposed accessory
structure is 24 feet 6 inches, which satisfies City of Bozeman requirements for subordinate accessory
structures. The perceived height of the accessory structure will be further reduced by a nearly two foot
drop in grade towards the northwest corner of the property.
Staff finds the proposed height of both the rear porch addition and proposed accessory structure to be
appropriate within the context of the neighborhood.
2. Proportions of doors and windows; The windows and doors proposed for the new construction on the rear of the residence are consistent
with those found on the existing residential structure and within the context of the neighborhood.
The windows and doors proposed for the new accessory building are generally consistent with the proportions of those found in the surrounding neighborhood. Staff has included a condition of approval
to clarify window, door, siding and other architectural fenestration details with the Final Site Plan
application as recommended in Condition 13.
Subject to the recommended conditions, Staff finds the proportion of doors and windows appropriate within the context of the neighborhood.
3. Relationship of building masses and spaces; The new porch entrance proposed for the rear of the residential structure does not substantially alter the
building massing or spatial layout.
The proposed accessory structure is appropriately situated to the rear of the residential property, along the alley. The accessory structure is designed to give the appearance of (and eventually be used for) an
accessory garage. A number of accessory garages in the Bon Ton historic district are oriented to create
vehicular access parallel to the alley, rather than a perpendicular movement from the alley. In this
manner, the spatial relationships of the proposed accessory structure are appropriate within the context
of the neighborhood.
Staff initially expressed concerns with the massing of the accessory structure. The City of Bozeman’s
Municipal Code strives to create appropriately-sized accessory structures through measurements of
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footprint and height, which may not always be the most effective tool for measuring the massing or
volume of a proposed structure. Pursuant to the City’s regulations for accessory structures, the proposed
accessory structure is less in height than the principal building and satisfies the maximum three foot
sidewall height for the second story office/ studio space. The primary massing of the structure is at the ground floor, resulting in a substantial footprint which does not satisfy the City’s regulations for
setbacks, thus triggering the requested deviation.
In analyzing the deviation request, staff reached the following conclusions:
Excluding the easternmost portion of the proposed garage (the space below the proposed deck area), the
footprint of the proposed accessory structure would measure 612 square feet, which exceeds the
maximum allowable footprint by 12 square feet, or 5%. The one story area under the deck does not
significantly increase the massing of the perceived massing of the structure when seen from the public
vantage point of the alley. From the alley, the massing of the proposed accessory structure reads as a smaller accessory structure that is generally consistent with the City’s standards.
Also, a good portion of the building’s massing will be below the fence line, which further screens the
building and perceived massing when viewed from the adjacent public right-of-way.
Staff believes that the support of the neighbors for the proposed building’s location and size supports
these conclusions.
Therefore, Staff finds the massing of the proposed accessory structure to be appropriate.
4. Roof shape;
The proposed alterations to the rear of the residence do not significantly alter the roof shape of the principal residential building.
A simple gable roof, running parallel to Willson Avenue and perpendicular to the root of the principal
residence, is proposed for the new accessory building. This roof form is common within the Bon Ton Historic District and is appropriate.
5. Scale;
Please see Staff’s analysis under “Building Masses and Spaces.”
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
The proposed alterations to the rear of the residence do not alter the directional expression for the
principal residence.
The proposed accessory structure expresses both horizontal and vertical design elements. The horizontal
elements on the main floor for the garage are appropriate within the context of the neighborhood, and
the vertical element, in the gabled roof for the office/ studio area, is also commonly seen in the adjoining
neighborhood. Staff finds the directional expression in the surrounding neighborhood is appropriate within the context of the neighborhood.
7. Architectural details;
The architectural details proposed for the modifications to the rear of the existing residence are
appropriate for a structure on the National Register of Historic Places.
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The architectural details for the proposed new accessory building include basic window and door
openings with this application. Staff is requiring more information regarding exterior cladding per
recommended Condition 13, as part of the Final Site Plan process.
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
Exterior mechanical equipment is not proposed with either the modifications to the existing residence or the proposed accessory structure. The applicant is aware of the prohibition on exterior mechanical
equipment in the Home Based Business standards. Mechanical equipment such as air conditioners or
solar panels are subject to Bozeman Municipal Code requirements, as stated in recommended Condition
5. Any future installation of such equipment will be subject to applicable review independent of the
current application.
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes
shall be limited to the prevention of nuisances upon abutting properties and prevention of
degradation of features on the property in question. Color schemes may be considered as primary
design elements if a deviation from the underlying zoning is requested)
Exterior materials and color schemes remain to be determined by the applicants, pending approval of the
Conditional Use Permit and Certificate of Appropriateness. At this time, materials for the alterations to the rear of the residential structure will match those already on the residence. On the accessory structure
narrow-reveal lap siding, in either cedar or Hardie-board has been discussed as the principal exterior
material. The accessory structure will be roofed with cedar shakes, to match the principal residence.
Staff has requested final review of proposed materials and color schemes in recommended Condition 13.
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.
As already discussed, the modifications proposed with this application include the removal of a garage,
added after the period of significance for the Bon Ton Historic District. The Secretary of the Interior’s Standards for Restoration and Standards for Rehabilitation allow removal of building elements not significant to the historic period. With this in mind, staff finds that the removal of the mid-20th century
garage does not destroy significant historical, cultural or architectural structures.
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 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 for the Neighborhood Conservation Overlay District were utilized in the above
review of the project design.
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 has evaluated the applicant's request in
light of these criteria.
A. Modifications shall be historically appropriate for the building and site in question and the
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adjacent properties;
The application provides information about previous accessory structures located in the rear yard of this
property. While this is pertinent information, Staff finds the existence of a previous accessory structure in the general vicinity, without knowledge of that accessory structure’s mass or scale, to be insufficient
to comply with this criterion for the deviation.
Staff does find that the proposed location of the accessory structure is a preferable alternative to locating
the new accessory building near the historic residential structure as required by the 20 foot rear yard setback. Locating the accessory building closer to the alley through the deviation process enables the
historic residential structure to retain prominence from the public rights of way of Willson Avenue and
Alderson Streets.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof;
The accessory building design proposes to minimize the adverse effect to adjacent properties by
protecting neighbor privacy through landscaping and the lack of windows overlooking adjacent back
yards. The proposed fencing will provide additional screening and protection of privacy for adjacent properties. The adjoining property owner to the west (the Rydells) has submitted a letter of support for
the project, and the adjoining property to the north is currently unoccupied.
The accessory structure and permitted uses enabled through approval of the Strong’s application will not
affect the permitted uses of abutting properties.
C. Modifications shall assure the protection of the public health, safety and general welfare.
This application, through the Site Plan, CUP/ Home Based Business, and Certificate of Appropriateness
criteria, will assure the protection of the public health, safety and general welfare subject to the recommended conditions of approval beginning.
Attachments: Applicant’s Submittal Materials, Submittal Materials Appendix, Public Comment
Report Sent to:
Owner: Carl and Loretta Strong
619 S. Willson Avenue
Bozeman, MT 59715
Applicant: Elaine Hawk
807 Worden Avenue, Suite 2
Missoula, MT 59802
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Property Information Report Page 1 of 1
PROPERTY INFORMATION REPORT
Property Owner Zoning
Carl & Loretta Strong R-I Residential Single Household, Low Density
619 South Willson Avenue Bon Ton Historic District Overlay
Bozeman, Montana 59715 Neighborhood Conservation District Overlay
Representative Community Plan Designation
Elaine Hawk Residential
Land Use Planner
pLAND Land Use Consulting Access
807 Worden Avenue |Suite 2 Willson Avenue
Missoula, Montana 59802 Functional Classification: Arterial
Paved
Project Architect Public
Henri Foch Abuts Eastern Perimeter of Property
Intrinsik Architecture, Inc. Alderson Street
111 North Tracy Avenue Functional Classification: Collector
Bozeman, Montana 59715 Paved
Public
Legal Description Abuts Southern perimeter of Tract 8
Lot 8, 9 & 10 of Block 8
Fairview Addition to Bozeman Services
Township 2 South, Range 6 East of Section 7 Currently served by:
Municipal Sewer & Water
Parcel Size Gas
12,150 square feet Electric
Or .28 acres Telephone
Architectural History General Property Note
Built 1886 Corner Lot
National Register – Charles Hartman House
2-Story Red Brick
Gabled roof <9:12 Pitch
Additions:
Shutters to lower level windows: 1940’s
Attached garage to the rear of the home: 1951
Enclosed vestibule on main entry on Willson: ?
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CONSTRUCTION ROUTE MAP Residence is located on the corner of Alderson and Willson Avenue. Willson is classified as an aerterial street. Willson will function as the main route for any construction vehicles. Alderson will be accessed for a distance of roughly 140’ until vehicles can access alley and the Strong’s lot. Location on a corner lot and adjacent to an arterial street will ensure minimal disruption to residential neighborhood and ensure that construction traffic will not pose a threat to public health and safety. 114
ELEVATION PHOTOGRAPHY NORTH ELEVATION 115
ELEVATION PHOTOGRAPHY EAST ELEVATION 116
ELEVATION PHOTOGRAPHY SOUTH ELEVATION 117
ELEVATION PHOTOGRAPHY WEST ELEVATION Southwest View West View of Deck 118
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Schedule of Planned Actions Page 1 of 1
SCHEDULE OF PLANNED ACTIONS
As required within Certificate of Appropriateness Checklist 2, Item #5, A schedule of planned
actions that will lead to the completed alterations.
1. Submit Development Review Application
a. February 2012
2. Public Hearing
a. April 2012
3. Begin Construction (Assumes approval of request)
a. May 2012
4. Construction Complete
a. August 2012
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Background: Strong Frames, Inc. Page 1 of 2
701 East Mendenhall - Current location of Strong
Frames, Inc. Mixed Use, Commercial and Residential
Building built, owned and managed by Loretta and Carl
Strong.
BACKGROUND: STRONG FRAMES, INC.
Loretta and Carl Strong own and operate Strong Frames, Inc. Strong Frames is a cottage industry,
family-owned and operated custom bicycle studio located in Bozeman, Montana. All frames are custom
built to individual client specifications. There is no mass production or mass assembly of product.
Loretta Strong manages bookkeeping, customer care and other administrative tasks. Carl Strong hand-
crafts each individual frame. The Strong’s have no employees or retail store front. A majority of the
business is conducted via web and telephone.
Carl has been fascinated with bicycles since he was a child. As a boy in the early 1970’s Carl built his first
mini-bike from scratch in his Junior High shop class. Born of hobby, passion and the inability to afford
expensive repairs and upgrades on his own bikes, Carl had set out on what would be a lifelong journey
to build high quality bikes on the cutting edge of technology.
Strong Frames was founded in 1993 when one frame at a
time Carl honed his skills in his grandmother’s garage at 619
South Avenue. Time brought Carl growth and change, both
professionally and personally. Strong Frames found a
presence on the immerging World Wide Web. This allowed
Carl to develop a niche market made up of other bicycle
enthusiasts seeking top-quality, hand-crafted bicycles.
Locations came and went, Carl’s grandmother passed away,
and Carl hired an Administrative Assistant, Loretta
McPherson, to bring some much needed organization and
administration to the growing business. Carl moved back into
the family home at 619 South Willson Avenue and soon after
married Loretta.
Together Loretta and Carl continued to build Strong
Frames. Experimenting with their success in the
market they eventually undertook the task of working
with designers to build a building of their own to house
Strong Frames, see bottom right image.
The building is the current location of Strong Frames
and is located at 701 East Mendenhall, near downtown
Bozeman. The building is a multi-tenant, multi-use
space. The uses within the building are residential and
commercial. More specifically, the building is occupied
by a hair salon, massage therapist, office suite, Strong
Frames and two residential condominium units. The
portion of the building used for Strong Frames is a 28’ x 36’ studio space.
GETTING STARTED – CARL STRONG 1993.
Strong Frames, born of a hobby, began in the
garage at 619 South Willson Avenue. At that
time, Carl’s Grandmother’s house.
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Background: Strong Frames, Inc. Page 2 of 2
Upon completed construction the Strong’s ventured onto a more high-paced, commercial route; this
included a partner, multiple staff and even a retail spin-off for bicycle gear, Stark Raven Cycles. At this
time Carl was also entering a phase in his career where his skills had become very refined. Strong
Frames was becoming national and internationally recognized for their quality bicycle frames and
customers were willing to pay premium prices for the high end product. The intensity of being an
employer, partner and owner of a retail store distracted from the ability to maintain such high
standards. Carl quickly realized that staying small and focused on his craft would allow him to maintain
more control on the quality of his frames. Carl and Loretta shrunk Strong Frames back to its roots – no
retail, no partner, no staff – back to one man hand crafting great bicycles. The market could have
certainly sustained a larger franchise but that just wasn’t what Carl or Strong Frames was all about.
Now after 19 years of “finding itself” and “refining itself”- it is once again time for Strong Frames to
make an adjustment. In today’s world of innovative technology and nearly instant global
communication, there is a national and international growth trend towards a diversity of live/work
residences. Loretta and Carl have been inspired by this simplified lifestyle and would like to make
Strong Frames a work-at-home business. After much thought and research, the Strong’s are ready to
join the growing number of workers making the move to work from home. This is an opportunity to
simplify their lives, to live smaller and greener - shrinking their carbon footprint and eliminating their
daily commute.
Strong Frames has seamlessly integrated into the mixed use residential
and commercial building on Mendenhall as well as within the
surrounding neighborhood; which is also mixed commercial and
residential. We assert within this report that through careful design
and their low-intensity, small scale use Strong Frames will just as
seamlessly integrate into the Bon Ton residential neighborhood.
Loretta and Carl put a lot of pride in their home and their
neighborhood – just as they do their business and their bicycles. The
neighborhood has been a part of their family for multiple generations
and they are aware of its unique place within the community. They
understand that given the historical significance of their property within the Bon Ton neighborhood they
owe special consideration to their choices and how those choices may affect the greater Bozeman area.
It is the Strong’s intent that this is reflected in the proposed design and use.
Note: For more information about the handmade bicycle frame cottage industry, Carl’s national
recognized award winning frames and the Strong Frame’s ethos refer to the attached National
Association of Bicycle Frame Builders Show article and advertisement from the 2009 show magazine.
701 Mendenhall - As seen from aerial within
neighborhood context.
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Proposal Summary Page 1 of 1
PROPOSAL SUMMARY
Loretta and Carl Strong propose to:
Modify, remove and add structures on the property:
1. Remove an existing attached garage and deck. The home was built in 1886 and the garage was
later added onto the home in 1951.
2. Relocate a portion of the existing deck onto the west elevation (where garage will be removed)
to create an open porch entryway.
3. Add a one and a half story detached garage in the Northwest corner of the property.
4. Fence a portion of the property.
See the enclosed Architectural Exhibit A1.0 for visual rendering of the elements of the site that are
proposed to be removed. See enclosed Architectural Exhibit A1.1 – A3.2 for visual renderings of the
proposed new structures and fence.
The location of the home within the Bon Ton Historic District Overlay and the Neighborhood
Conservation District Overlay necessitates that the Strong’s secure a Certificate of Appropriateness for
modifications to and the addition of structures on the property, including the fence and rear entrance
deck.
Use of a 26’ x 26’ (676 square ft) space within the detached accessory structure as Strong Frame’s studio
space requires approval of a Conditional Use Permit for operating a Home Based Business.
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LOCATION MAP 133
ZONING MAP R-I: Residential 134
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REPORT: Home Based Business Page 1 of 10
REPORT: HOME BASED BUSINESS
CHAPTER 18.40.110
Home Based Business
Note: Report includes the standards that are applicable to the necessary conditions for
operation of a Home Based Business (HBB) as a conditional use. In addition, this section
addresses those uses identified within this chapter as prohibited. The low-intensity, small scale
use proposed is not similar to those identified as prohibited, to illustrate this fact a detailed
explanation is provided herein to relieve potential concerns with or misunderstandings of the
use proposed.
Chapter 18.40 (C)(3)
Necessary Conditions for Conditional Use:
a. Such home based business shall be conducted by resident occupants with not more
than one on-premise halftime nonresident employee;
Loretta and Carl Strong are residents of 619 Willson Avenue. Strong Frames, Inc. is
independently owned and operated by Loretta and Carl Strong. Loretta is responsible for
administrative tasks and Carl hand-crafts each bicycle sold. Strong Frames has no employees.
b. No more than 30 percent of the gross area of all structure shall be used for such
purpose;
An internal site layout has been provided within Section 8, pg. A2.1. The total proposed gross
area of all structures is approximately 3,648 square feet; the existing home comprising
approximately 2,088 square feet and the proposed garage making up the remaining 1,560
square feet.
The area proposed for the use of the HBB is within a 26’ x 26’ space and a roughly 8’ x 10’ space
or roughly 756 square feet. The gross area of the structure to be used for the HBB is
approximately 21% of the total gross area of all structures. Less than 30% of the gross floor area
of all structures will be utilized for the HBB.
c. No use shall require internal or external alterations or involve construction features or
the use of electrical or mechanical equipment that would change the fire rating of the
structure beyond that allowed in a residential use;
The Fire and Building Department Staff indicated that the fire rating of the proposed detached
structure will not exceed a rating that is beyond that allowed in a residential use during the
informal review process. There have been design changes since that time; however, it is unlikely
that the changes would cause an increase in the fire rating. Additional comment and input is
anticipated through agency review of the final Submittal.
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REPORT: Home Based Business Page 2 of 10
d. No home based business shall cause an increase in the use of any one or more utilities
operated by the City of Bozeman so that the combined total use for dwelling and
home based business purposed exceeds the average for residences in the
neighborhood;
There is no plumbing proposed for the HBB. There will no increase in use of municipal utilities
as a result of the HBB.
e. There shall be no outside storage of any kind related to the home based business;
Strong Frames does not now or has it ever utilized outdoor storage. There will be no outside
storage of any kind proposed for the HBB.
f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference,
fire hazard or any other hazard or nuisance to any greater or more frequent extent
than that allowed by this title;
As previously indicated within this report, Strong Frames currently shares workspace in a mixed-
use, multi-tenant building near downtown Bozeman. The uses within the building are low
intensity commercial and even residential. Specifically, the uses are: a massage therapist, a hair
salon, an office suite, and two residential condominium units.
A massage therapist by nature requires a serene and aromatic environment. Strong Frames
does not currently operate at a quantity, scale and intensity to have warranted disturbance or
interference of other users within the building; most notably, the massage studio – a very
“surroundings sensitive” use. The proposed HBB will result in a slight reduction of scale and
quantity; however, intensity will remain consistent with current operations.
The quantity, scale and intensity of the proposed HBB will not create noise, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to create
conflict or safety hazard at greater or more frequent extent than that allowed by this title.
g. Home based business by Conditional Use permit may only be allowed on lots occupied
by single-household detached dwellings;
The location of the proposed HBB is 619 South Willson Avenue. The home at 619 Willson
Avenue is a single family detached dwelling.
h. Such conditional use shall be subject to all conditions set-forth in this title, except the
provisions of §18.48.060, BMC, Landscape Performance Standards; and
Loretta and Carl have put significant effort into tailoring their “wish list” garage into a structure
that satisfies municipal code and historic preservation guidelines. With the exception of one
deviation to current code which would permit them to locate the proposed garage in a more
historically accurate location. To the best of our knowledge and review, with the exception of
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REPORT: Home Based Business Page 3 of 10
the requested deviation, the Strong’s have met all applicable requirements as set-forth in this
title.
i. All permits required by the City, including, but not limited to, building permits and
business license, shall be received prior to establishing the home based business.
All building permits and licenses will be secured according to law. A current copy of the Strong
Frames City of Bozeman business license has been provided within Section 6 of this submittal.
Chapter 18.40 (E)
Uses that are prohibited:
The following uses, by nature of their character or the investment of operation, have a
pronounced tendency, once started, to rapidly increase beyond the limits permitted for a
home based businesses and thereby impair the use and value of a residentially zoned area for
residential purposes.
When considering character and investment of operation of use one must consider the
elements of their composition: quantity, scale and intensity. These elements are fundamental
principles for making distinctions in classifications of use and therefore the foundation for
variation in the applicability of zoning regulation.
For example, consider the nature of character and investment of operation of a personal trainer
vs. a gym. Each use can be generally characterized by physical fitness; however, when
specifically described by the quantity, scale and intensity the uses are likely to be vastly
unequal. Logically then the degree and extent of zoning controls over each use would respond
in kind to the implications of the variations, whether greater or lesser. Hypothetically, the
physical training use may be permitted in a lower intensity neighborhood commercial district
whereas a gym may only be permitted to operate in a standard commercial district or if the
scale were large enough, maybe even an enterprise commercial zone.
Considering quantity relative to Strong Frames:
In zoning, quantity typically refers to a rule of measure. A number. As indicated within Section
6, Background: Strong Frames, Inc., Carl hand crafts each individual bicycle per individual
customer specifications.
“I build one bike at a time, from start to finish. When I begin building a frame I’m
building a frame for you, not some production model with a couple tweaks. When I start
your build the first thing I do is get your customer file and carefully review your design,
the entire order form and a log I keep of all our conversations. Then I pull your box of
material that’s waiting on the shelf. Once I review your tubes and parts I’m ready to
begin.” - excerpt Strong Frames web-site
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Completed frame.
Further, Strong Frames is well known for exception high-quality frames. Creating at a human
scale already means a natural limitation on quantity of production but delivering a high-quality
hand crafted product means careful work and precision. This takes time and time further limits
production. Carl is able to operate at this small scale as a direct result of this time and
attention. He has developed a reputation around his frames and customers are willing to high
premium prices for his work.
Specifically regarding quantity, consider: In 2011, Carl built 68 frames. Within a 40 hour work
week, on average Carl will complete 1.3 frames per week. Average construction time is
approximately 6 hours per frame. In fact, only about 25% of Carl’s time per week is dedicated
to actually building a bike. He spends about 50% of his time in the office on the phone with
customers or on the computer. Another 25% of his work-week is dedicated to general office
tasks and preparing bicycles for shipping.
Considering scale relative to Strong Frames:
Scale in the context of zoning refers to a distinctive
relative size, extent, or degree. A magnitude. In
the excerpt above taken from the Strong Frames
web-site, Carl refers to a customer’s “box of
materials”. In the image to the left you can see an
example of the actual box to which he refers and
the contents laid out on the table beside it.
The items you see on the table in this image
represent ALL of the parts that Carl will use to
create a Strong Frames bicycle frame.
The relative size or magnitude of materials necessary to create a
bike frame is non-consequential in the scale of a typical
neighborhood garage, especially at the rate of 1.3 frames built
per week. And of course, the finished product can be found
regularly in many neighboring garages – and likely in greater
quantity.
Considering intensity of Strong Frames:
Intensity can be described as the degree or amount of strength
or force that something has. In this circumstance, the
consideration of intensity is relevant to the act of the craft or
Scale: Box of materials including the elements of a
complete frame.
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A Sandblaster
production. To illustrate intensity it is likely most efficient to describe the tools of the craft and
approximate duration of their use in a given week.
Keep in mind that although some of the tools cited may sound ominous to a lay person, most of
the tools used can be found in the at-home workshops or garages of many
do-it-yourself home improvement enthusiasts and even hobby artisans or
other craftsmen.
Take for example, “The Sand Blaster”. The name is undeniably menacing;
however, the image should relieve any concerns over dangerous sparks,
noise, dust emissions or similar nuisance or hazard misconceptions that
may have immediately popped to mind. Sandblasting is necessary for
finish work on the bicycle tubes. It is a contained activity and although one
of the bulkier pieces of equipment – it is harmless and inoffensive outside
of some noise when in close proximity during use. The sandblaster is used for about 1 ½ hours
per week.
Tools of the Trade:
Horizontal (JoJo) and Vertical Mills, used for cutting and mitering:
o Used for slotting the seat tube and is in use about 30 seconds per bike.
o Used for mitering and is in use about 2 hours per week.
Lathe:
o Used to turn and face headtubes and is in use about 30 minutes per week.
Jig & Welder:
o Used for assembly and in use for roughly 3 hours per week.
Alignment Plate:
o Used as a measuring instrument in use for about 1 hour per week.
Sandblaster:
o Used for finish work of tubes and in use for about 1 ½ hours per week.
Compressor:
o On during business 7 am to 2 pm but runs only about 10 minutes a day.
Sanders:
o Used for deburing and cleaning in use for about 10 minutes per week.
Torch:
o Used to braise small parts and in use for about ½ hour per week.
General Hand Tools:
o Used for bike assembly and in use for roughly 3 hours per week.
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REPORT: Home Based Business Page 6 of 10
Strong Frames is not a new business. As described in the Section 6, Background: Strong Frames,
Inc. of this submittal. Strong Frames has been hand-crafting bicycle frames for 19 years and has
already ‘played the field’ at variations in growth and development of operations. Moreover,
minimizing stress, output and expenditures is at the root of the Strong’s request - quite the
opposite of rapid expansion.
Based on the consideration of the elements of the nature of character and the intensity of
operation (quantity, scale and intensity) of Strong Frames we assert that at no time after
establishing Strong Frames as a home based business would there be a pronounced likelihood
for a rapid increase in the nature of character and the intensity of operation beyond those
limits permitted for home based businesses such that would impair the use and value of a
residentially zoned area for residential purposes.
Chapter 18.40 (E)
Uses that are prohibited: (con’t)
Therefore, that the following uses shall not be permitted as home based businesses: adult
businesses;
Strong Frames is not an adult business nor does it share any general use characteristics with
such as use.
auto repair, minor or major;
Strong Frames does not engage in repair services.
Although auto repair and bicycle production
share a general characteristic by relationship to
mode of transportation and hands-on activity,
they are fundamentally different in the specific
nature of their character as well as the
investment of their operations. Again consider
the quantity, scale and intensity of production:
Quantity: the time allotted to the skill of hand
crafting vs. auto repair labor…a tire can be
rotated and changed in under half an hour; and,
Scale: of a bicycle vs. a motor vehicle – the image above is a small vehicle. Imagine a typical
Montana pick-up truck; and finally,
Intensity of production: an average of 1.3 bicycles per week vs. the production intensity capable
of sustaining the larger scale and quantity inherent in auto repair services. Clearly hand crafting
Scale: Elements of a car
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a limited quantity and scale of bicycle frames is not comparable in nature of character or
investment of operations to the service of auto repair,
minor or major.
It is not reasonable to assume that Strong Frames
would result in a rapid increase in nature of character
and investment of operation beyond the limits
permitted for a home based businesses, potentially
weakening the use and value of a residentially zoned
area for residential purpose because there is potential
for an auto repair services to do so.
carpentry work;
Strong Frames does not engage in carpentry.
Carpentry work does create noise and dust such that would likely create nuisance or fault in a
neighborhood. Strong Frames does not share these characteristics as explained in detail above.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a carpenter to do so.
dance instruction;
Strong Frames does not perform dance instruction nor does it share any general use
characteristics with such as use. Dance instruction would result in a significant increase to foot
traffic within a neighborhood environment. Strong Frames customers are largely out of the
state and country and communication is handled via web and phone. There is little to no foot
traffic anticipated.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a dance instructor to do so.
dental offices;
Strong Frames is not a dental office nor does it share any general use characteristics with such a
use. Dental offices would result in a significant increase to foot traffic within a neighborhood
environment. Strong Frames customers are largely out of the state and country and
communication is handled via web and phone. There is little to no foot traffic anticipated.
Investment of operations: The auto shop pictured above
is a reflection of the increased quantity and scale typical
of auto repair activities.
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It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for dental office to do so.
medical offices;
Strong Frames is not a medical office nor does it share any general use characteristics with such
as use. Medical offices would result in a significant increase to foot traffic within a
neighborhood environment. Strong Frames customers are largely out of the state and country
and communication is handled via web and phone. There is little to no foot traffic anticipated.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a medical office to do so.
mobile oil and lube services;
Although mobile oil and lube services and bicycle production share a general characteristic by
relationship to mode of transportation and hands-on activity, they are fundamentally different
in the specific nature of their character as well as the investment of their operations. Again
consider the quantity, scale and intensity of production:
Quantity: Jiffy Lube, the name says it all. The services offered by mobile oil and lube service
providers can be done rapidly, in an in-and-out nature. The quantity of production is not
comparable in character or investment of operation to hand crafting a bicycle.
Scale: The parts required, air filter, oil pan, etc. are fairly comparable to the tubes used to form
a bicycle; however,
Intensity of Production: quickly jumps back to that necessary for auto repair. The previous
image of an auto repair shop could easily be that of a Jiffy Lube. It is not equitable to compare
production intensity capable of sustaining the larger quantities of service provision inherent in
mobile oil and lube services. Clearly, variation of the quantity and intensity of these two
activities is sufficient for variation in the application of zoning controls.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
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businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for mobile oil and lube service provider to do so.
painting of vehicles, trailers or boats;
Strong Frames does not engage in painting as a part of bicycle production.
Although the building they currently occupy is permitted for painting and has the capability to
powder coat, Strong Frames does not paint in-house. In the past, Strong Frames has
experimented with powder coating in-house; however, for the majority of its business history
this task has been outsourced to powder coating specialists. Painting of finished frames will
continue to be outsourced.
If this request is approved, the Strong’s do not intend to maintain equipment for powder-
coating nor will they require the electrical specifications necessary for such equipment. There
will be no painting of bicycles on-site.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a painter of automobiles, trailers or boats to do so.
private schools with organized classes;
Strong Frames is not a private school with organized classes nor does it share any general use
characteristics with such as use. Private schools and organized classes would result in a
significant increase to foot traffic within a neighborhood environment. Strong Frames
customers are largely out of the state and country and communication is handled via web and
phone. There is little to no foot traffic anticipated.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a private school to do so.
radio or television repair;
Strong Frames does not engage in repair services. Although radio and television repair share a
general characteristic as a hands-on activity, they are fundamentally different in the specific
nature of their character as well as the investment of their operations. Again consider the
quantity and intensity of production:
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Quantity: the time allotted to the skill of hand crafting vs. radio and television repair
labor…considerably more than one radio or tv can be repaired within one day. Strong Frames
builds on average, 1.3 bicycles per week.
Scale: Although the parts attributed to radio and television repair are relatively small in scale,
the ability to repair in high quantities could push the number of on-site parts to a scale that
would cause fault to a neighborhood. Again, because the quantity of Strong Frames frames is
limited so too is the scale of parts.
Intensity of production: an average of 1.3 bicycles per week vs. production intensity capable of
sustaining the larger scale and quantity inherent in radio and tv repair services. Hand crafting a
limited quantity and scale of bicycle frames is not comparable in nature of character or
investment of operations to the service of auto repair, minor or major.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for a radio or television repair services shop to do so.
and upholstering.
The nature of character and investment of operation necessary for upholstering and the
concern for rapid increase in business such that it would result in fault to a neighborhood is
unclear. Upholstering shares some characteristics with Strong Frames. Upholstering requires
no mass production, and is a hand-crafting skill. Further, although Strong Frame tools are more
likely found in a typical garage, upholstering tools are similar in that they include items that
could be found in a typical household: needle guards, needles, rubber mallet, scissors, sewing
machine, staple gun, and hammer. It is unlikely that these similarities are the root cause for
upholstery being listed as a prohibited use given that these facts alone do not contribute to or
result in fault to a neighborhood. Although there are similarities shared between upholstery
and Strong Frames, these similarities do not extend to instances that would result in the nature
of character and investment of operation necessary for upholstering and the concern for rapid
increase in business such that it would result in fault to a neighborhood.
It is not reasonable to assume that Strong Frames would result in a rapid increase in nature of
character and investment of operation beyond the limits permitted for a home based
businesses, potentially weakening the use and value of a residentially zoned area for residential
purpose because there is potential for an upholster to do so.
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Report: Residential Zoning District Page 1 of 3
REPORT: RESIDENTIAL ZONING DISTRICT STANDARDS
CHAPTER 18.16
R-I
Note: Report includes only those standards that are applicable to the Strong’s proposal for a
new detached garage. To the best of our review and understanding, the proposed rear-
entryway deck addition meets all Residential Zoning District Standards in the R-I district.
Architectural renderings have been provided in Section 8 for planning office and agency review.
Chapter 18.16.030 (A)
Lot Coverage and Floor Area:
A. Maximum lot coverage by principal and accessory building shall be:
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
Total Lot Area = 12,150 square feet
Existing Principal Building = 1,468 square feet
Proposed Accessory Building = 936 square feet
Total Combined Coverage = 2,404 square feet
Total by % of Total Lot Area = 20%
Summary of figures: The Strong’s lot is 12, 150 square feet. The existing home or
principle structure has a footprint of 1,460 square feet. The proposed garage/accessory
structure has a footprint of 936 square feet. Combined, these structures represent
2,404 square feet of footprint within the lot or approximately 20% of the total lot area.
Not more than 40% of the total lot area will be covered by buildings.
Chapter 18.16.050 (A)(1-4) & (D)
Yards:
A. Front Yard:
1. Adjacent to arterial streets as designated in the Bozeman growth policy – 25 feet.
No structures are proposed to be modified or added to the property within the front
yard set-back.
2. Rear Yard – 20 feet: Adjacent to arterial streets as designated in the Bozeman growth
policy – 25 feet.
The garage is proposed to be located within the rear yard setback, more specifically; it is
proposed to be setback 6 feet from the rear property line. A deviation is requested
from this standard as written in Chapter 18.38.050 (G)(3), see Section 14 of this
submittal.
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3. Side Yard – 5 feet:
The proposed garage will be set-back 5 feet from the side yard property line. The
proposed garage will comply with the zoning requirement for side yard setbacks.
4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20
feet to a property line, unless explicitly authorized otherwise under this title.
The proposed vehicle entrance will be oriented to the alley, not the street.
Chapter 18.16.060
Building Height:
Maximum building height in the R-1 district = 36’ for a roof with a pitch equal to or greater
than 9:12.
The roof pitch of the proposed garage was designed to be compatible with the steep gabled
look of the existing home. The roof pitch of the proposed garage is equal to or greater than
9:12. The height of the proposed garage is 24’ 6”. The proposed garage complies with the
requirement for building height.
Chapter 18.16.070
Residential Garages:
Of Note: “Detached garages are encouraged when they are compatible with the existing
neighborhood development pattern. Vehicular garage access on non-principle facades
and/or alleys is also encourages.” p.16-7
The current garage structure is attached to the home, therefore early consideration of the
location of the new garage was contemplated to be in the same location and thus to remain
attached. After discussion with the planning office, more thorough review of City of Bozeman
design and zoning guidelines and review of historical neighborhood development trends,
including review of the Sanborn maps of the neighborhood, it was determined that a detached
garage would best meet the historical character of the home and the neighborhood and City
design requirements.
Investigation of the 1927 Sanborn maps indicates that there was a detached garage in nearly
the same location as the new garage is proposed to be situated. See Sanborn Map exhibit
within Section 14 of this submittal. The historical maps also clearly indicate that the historical
trend has been for detached garages to be located on or very near the rear lot line. This
pattern is encouraged in Chapter 18.16.070 and within the City of Bozeman Historic
Development Guidelines (See Section 12 and Section 15, respectively). However, the 0’ setback
concept is in stark contrast to the 25’ rear yard setback requirements within Chapter 18.16.050
(A)(2) and detached structure setbacks Chapter 18.38.050 (G)(3). In an effort to balance
historically accurate placement of the garage with some degree of compatibility with current
code the garage is proposed to be setback 6’ from the rear lot line. A 6’ setback is the standard
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requirement for similar structures under 600 square feet. A deviation from the setback into the
rear setback for structures greater than 600 square feet has been requested. For more details
on the deviation request please refer to Section 14 of this submittal.
The principle façade of the Strong’s home is on Willson Avenue. The non-principle façade of
the Strong’s home is on Alderson. The garage access was contemplated on both the alley and
the non-principle façade. Based on the explicit preference for alley access within the
development code and after Informal Review of the project by planning staff and the City’s
Historic Preservation Officer it was determined that alley access to the garage would be the
most appropriate and historically accurate location to access the garage. The current access on
Alderson Street is proposed to be abandoned and curb, gutter, sidewalk and landscaping will be
re-constructed to fit with the streetscape elsewhere in the neighborhood.
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General Land Use Standards Page 1 of 1
REPORT: GENERAL LAND USE STANDARDS
CHAPTER 18.38
General Land Use Standards and Requirements
Note: Report includes only those standards that require deviation for approval of the site plan as
proposed. Based on the Informal Comment letter provided by Allyson Bristor on February 4,
2011 and to the best of our review and understanding, we assert compliance with all other
applicable standards within this chapter. Comment letter is attached in Section 17 of this
submittal. Reference is to the deviation summary on page 4.
Chapter 18.38.050 (G)(3)
Accessory Building, Uses and Equipment
G. Detached Structures Setback Requirements:
3. Accessory structures greater than 600 square feet shall not be located in any
required front, rear, or side yard and shall provide adequate back-up
maneuverability for required parking spaces.
Deviation Requested – See Deviation Request Summary, Page 17
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Deviation Summary
Chapter 18.38.050 (G)(3) Accessory structures
greater than 600 square feet shall not be located
in any required front, rear, or side yard and shall
provide adequate back-up maneuverability for
required parking spaces.
Chapter 2, Design Guidelines for All Properties, (B)
Street Patterns policy statement: “Historic
settlement patterns seen in street and alley plans
often contribute to the distinct character of the
historic district and therefore they should be
preserved. These street plans influence the
manner in which primary structures are sited and
they also shape the manner in which secondary
structures and landscape features may occur on
the site.” Bozeman Guidelines for Historic
Preservation and the Neighborhood Conservation
Overlay District, Page 45
Further, Section (C)(2) on Alleys states that one should maintain “…the traditional character and
scale of an alley by locating buildings and fences along the alley edges to maintain the alley
edge.” The proposed garage will be set back 6’ from the alley edge to meet the standard for
structures less than 600’ as recommended by the Historic Preservation Officer in the February
2011 Informal Comment letter (Section 17); however, there will be a fence along the rear set-
back to maintain the alley edge.
Chapter 3, Guidelines for Residential Character Areas (D)
Secondary Structures states that, “…While structures in the
rear generally have little impact on the character of the
street they do have an impact on the character of the alley
and the neighbors to the rear, this character should be
maintained.” This is illustrated on the right in the Figure 2
image from the Bozeman Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay
District. To maintain the character of the alley and the
impacts to neighbors to the rear of the property, 12’
dormer windows have been proposed on the second story
Image from page 46 of the Bozeman Guidelines for
Historic Preservation and the Neighborhood
Conservation Overlay District.
Image from page 59 of the Bozeman
Guidelines for Historic Preservation and the
Neighborhood Conservation Overlay District
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Deviation Summary Page 2 of 3
of the garage, overlooking the alley.
A 1927 Sanborn Map of the Strong’s neighborhood reflects the development pattern identified
within the historic guidelines document. In the image below you can see the traditional pattern
of accessory structures lining the alleyways. In addition to having building oriented to the alley,
these lots also access from the alley. Based on this fact and recommendation by the Historic
Preservation office, the Strong’s propose to abandon the access on Alderson Street, install new
curb and gutter, sidewalk and street trees. See Section 17. This is intended to strengthen the
relationship of the new structure to the historical character of the neighborhood and better
meet the previously sited guidelines for appropriateness of new secondary structures.
1927 Sanborn Map Image of the Alderson and Willson neighborhood in Bozeman, Montana. In this image
you can see that in the past there was a garage located in nearly the same location as the proposed garage
today.
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Deviation Summary Page 3 of 3
Given the historic context of the Strong’s home, the traditional character of the neighborhood
and Bozeman’s own guidelines for developing accessory structures along alleyways within
residential neighborhood, the Strong’s respectfully request to deviate:
from Chapter 18.38.050 (G)(3) which states that structures greater than 600’ cannot be
placed within a rear yard setback to allow the proposed accessory structure to be
located within the rear yard setback.
Preservation Goals for Bozeman
“A primary design goal for Bozeman is to preserve the integrity of its individual historic
structures and the character of its streetscapes in the Neighborhood Conservation Overlay
District. To maintain the character of a historic building, design elements such as form, mass
and materials should be considered in any alteration. The relationship each building has with
other neighborhood design element is also important, as well as the hierarchy of site elements,
such as street trees, front, front yards, walkways and accessory structures.”
In conclusion, approval of this deviation request will allow the Strong’s to meet the
preservation goal for Bozeman to maintain the character of the existing historic building, to
create a more appropriate relationship between the proposed building and similar buildings in
the neighborhood, and to restore more appropriate site elements such as the walkways, street
trees and the corner yard.
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Historic Preservation Guidelines Page 1 of 2
Bozeman Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District
Preservation Goals for Bozeman
“A primary design goal for Bozeman is to preserve the integrity of its individual historic
structures and the character of its streetscapes in the Neighborhood Conservation Overlay
District. To maintain the character of a historic building, design elements such as form, mass
and materials should be considered in any alteration. The relationship each building has with
other neighborhood design element is also important, as well as the hierarchy of site elements,
such as street trees, front, front yards, walkways and accessory structures.”
Section E. Additions to Residential Properties
Guidelines:
9. Loss of historically significant features, where they exist should be minimized.
The proposed addition will require removal of an attached garage which was moved from
another location and attached to the west elevation of the house in 1951. Currently,
exterior brickwork and a beautiful hopper-style window into the main floor bathroom are
hidden by the garage.
In addition to the loss of historically significant
features, the attached garage is the cause of
complex waterproofing and roofing problems
experienced over the years. In the winter, snow
and ice dam up against the brick. Loretta and Carl
must climb out of a second story window and
break up the ice dams to remove the ice from the
roof. If this does not occur, the ice melts and
water drains into their tongue and groove kitchen
ceiling and down a kitchen wall.
In the photograph to the right, you can see a window that for some time did allow light to
filter down through the garage and then through the bathroom window. In 2010, during
roof repairs this window too had to be covered to help minimize water damage from the
roof. There is no light visible at this time through the covered interior bathroom window.
Removal of the garage will ensure improved maintenance of the original interior west wall
and kitchen ceiling. Removal of the garage will allow original roof lines and details to
remain and to be restored to original condition.
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Historic Preservation Guidelines Page 2 of 2
10. Place an addition at the rear of the building or set back from the front to minimize visual
impacts.
The proposed deck addition will be at the rear of the existing house on the ground level.
The deck is proposed to be open with railing. Construction will be done using many of the
materials from the existing deck. The simple nature of the deck is anticipated to allow the
original brick of the house to remain visually dominant; minimizing the visual impact of the
addition from side and rear yards.
11. New addition should respect the mass and scale of the original structure.
The proposed deck is intended to be simple in form and small in scale. It will not compete
with the primary forms and overall scale of the existing structure.
12. The roof form of a new addition should be in character with and subordinate to that of
the primary building.
The proposed deck is not enclosed and therefore has no roofline that could compete with
the primary structure.
13. When constructing a rooftop addition, keep the mass and scale subordinate to the
primary building.
N/A
14. When adding a dormer, it should be in character with the primary structure’s design
N/A
15. Raising a building may be considered only if significant features are preserved.
N/A
Narrative Summary:
The proposed deck addition is intended to be simple and appropriate in scale and materials to
the existing historic residence at 619 South Wilson Avenue. The addition of the deck as an
entryway will provide resolution to the complexity created by three previous additions to the
house. First it will require the removal of the attached garage which is believed to have been
moved from another location and attached to the house in 1951. This two car garage is not
original to the architecture of the house and is the cause of complex waterproofing and roofing
problems. Its removal will allow another previous addition which is made of brick and
contributes to the historic character of the house to be clearly seen and restored to its original
condition. The addition will be predominately constructed by re-using existing deck materials.
This minimal addition to the back of the house will provide a much needed private entry way
while allowing for a simple and functional resolution to the complexity caused by previous
additions to the house. It will be clearly delineated as being of a different era than the original
historic architecture but will be strongly connected to the house through the use of existing
materials, colors, and trim details found elsewhere on the existing house.
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Response: Planning Staff Page 1 of 4
INFORMAL COMMENTS
ALLYSON C. BRISTOR, ASSOCIATE PLANNER & NEIGHBORHOOD COORDINATOR
FEBRUARY 4, 2011
Note: Following the Informal meeting and the comments received by planning staff and the
Historic Preservation Officer many changes were made to the design proposal for the Strong’s
detached garage. For a brief summary of changes, please refer to the Project Update
spreadsheet found in Section 19 of this submittal.
Section 18.40.110.C.3 “Necessary Conditions for Conditional Use”
Home based businesses permitted through the conditional use permit process are allowed in
residential districts only so long as all the following conditions are observed:
a. Such home based business shall be conducted by resident occupants with not more
than one on-premise halftime nonresident employee:
Staff finds this condition as met. The home based business will be conducted by two resident
occupants of the property’s principle structure.
No response necessary.
b. No more than 30 percent of the gross area of all structures shall be used for such
purpose.
Staff sees the entire first floor proposed to be utilized by the home based business, which is 1,
064 square feet. This is approximately 28 percent of the gross area of all structures. If the
second floor area is included in the home based business square footage, it exceeds 30 percent
of the gross area of all structures. Though Staff understands the applicant desires the second
floor space of the detached structure to be used as an art studio space, the space is an easy
area for the home based business to expand. This creates enforcement concerns for Staff. In
combination with design concerns (included in the additional memo), Staff encourages the
applicant to consider a smaller, single-story or one-and-one-half story detached structure for
the home based business. Staff also encourages the applicant to consider an addition to the
existing principal structure to accommodate the art studio space rather than in the detached
structure.
An internal site layout has been provided within Section 8, pg. A2.1, to address concerns that
space other than that identified by the applicant will be used inappropriately. The total
proposed gross area of all structures is approximately 3,648 square feet; the existing home
comprising approximately 2,088 square feet and the proposed garage making up the remaining
1,560 square feet.
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The area proposed for the use of the HBB is within a 26’ x 26’ space and a roughly 8’ x 10’ space
or roughly 756 square feet. The gross area of the structure to be used for the HBB is
approximately 21% of the total gross area of all structures. Less than 30% of the gross floor area
of all structures will be utilized for the HBB.
As indicated within the Proposal Summary, Section 7 of this submittal, the Strong’s will be
removing an existing attached garage. With the loss of the garage structure the Strong’s will
require space within the new structure for typical household items such as their lawnmower,
rake, garden supplies, household supplies, general storage etc. The roughly 180 square feet of
space encompassing a storage room on the first floor of the proposed new garage will be used
for typical household garage storage needs. With one exception, the air compressor is proposed
to be located in this room to better insulate impacts of sound while the tank fills. The air
compressor is only on about 10 minutes per day. For more details on use of this and other tools
identified within the site layout refer to Section 11 of this report.
Per planning staff recommendations the second story is now proposed as a half-story addition
to the garage. In an attempt to alleviate enforcement concerns, the stairs entering the second
story will be located on the exterior of the garage and therefore the studio space cannot be
directly accessed by users of the first floor. By forthrightly seeking proper approvals and permits
for the desired new structures, the Strong’s have demonstrated honesty and integrity in their
actions. We recognize the City’s need to be cognizant and proactive regarding potential
manipulation of the municipal code, however, we assert that the submittal provided is an
honest and accurate representation of the necessary space and use proposed for the Home
Based Business. Further, that the issue of potential expansion has been addressed within the
Background section on Strong Frames, Inc. This is not a new company with growth cycles ahead.
At this point in the businesses lifecycle, Strong Frames is a high-end hand crafted frame
company, building one bike at a time and will remain as such.
It is not economically feasible to create another addition on the main house when compared to
simply adding additional floor space where there would be no direct impact to the un-useable
air space above a garage addition. In addition to not being economically sensible, a new
addition to the main structure would most certainly pose significant challenges to maintaining
the historical character of the existing house and lot. The space above the garage has been
amended and is now proposed as a half-story as recommended.
It is our intent that the addition of the internal site plan and the design amendments described
above will clear up concerns over manipulation of the HBB permit for expansion and
enforcement issues.
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c. No use shall require internal or external alterations or involve construction features or
the use of electrical or mechanical equipment that would change the fire rating of the
structure beyond that allowed in residential use.
Staff will rely on comments from the Fire & Building Departments on this condition. If the fire
rating of the proposed detached structure exceeds is beyond that allowed in a residential use,
Staff will not support the proposal.
The Fire and Building Department Staff indicated that the fire rating of the proposed detached
structure will not exceed a rating that is beyond that allowed in a residential use during the
informal review process. There have been design changes since that time; however, it is unlikely
that the changes would cause an increase in the fire rating. Additional comment and input is
anticipated through agency review of the final Submittal.
d. No home based business shall cause an increase in the use of any one or more utilities
operated by the City of Bozeman so that the combined total use for dwelling and home
based business purposed exceeds the average for residences in the neighborhood;
Staff will rely on comments from the Water & Sewer Department on this condition. If the
water and sewer utilities proposed for the proposed detached structure exceed average for
residences in the neighborhood, Staff will not support the proposal.
There is no longer plumbing proposed for the new garage.
e. There shall be no outside storage of any kind related to the home based business;
Because no outdoor storage is being proposed, Staff finds this condition as being met.
No response necessary.
f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that
allowed by this title;
While Staff understands the applicant’s explanation of low intensity and quantity of bike
frame productions, the equipment in the home based business may still create noise, dust,
vibration, smell, smoke, flare, and/or electrical interference that me be found as inappropriate
for the surrounding residential neighborhood. If this proposal moves forward with a formal
application, Staff will require a site visit to the current Mendenhall Street Strong Frame shop
to witness the operation of each piece of mechanical/shop equipment proposed. Staff will
also expect a detailed floor plan showing the location of each piece of mechanical/shop
equipment to ensure there is no expansion in operations as it is currently exists on Mendenhall
Street.
A detailed interior site plan of the area proposed for use as a Home Based Business has been
provided within this submittal. Planning Staff was invited to attend a Neighborhood Meeting
which included a tour and demonstration of on-site tools used to build bicycles. Although staff
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was unable to attend the meeting agenda, presentation outline, sign-in sheet and meeting
summary were provided shortly after the meeting and have also been included in this submittal.
Attending public was able to evaluate the condition of the premises and gain full exposure to
equipment on-site. For details on meeting attendees, minutes and comments obtained refer to
Section 20 of this submittal.
g. Home based business by Conditional Use permit may only be allowed on lots occupied
by single-household detached dwellings;
Staff checked the land use map in the City’s GIS database and the property is classified as a
single-household dwelling unit. If this proposal moves forward with a formal application,
there shall be more information about the required number of parking spaces for the
structures. The principal structure’s required parking is determined by the number of
bedrooms. Staff has some concern that no parking is proposed on the site.
Although poorly identified within the Informal Planning Submittal, there are 3 parking spaces
proposed. Two on-site and one on-street parking spaces are proposed and have been more
clearly identified within the final Submittal. See the Architectural Drawing Set, page A1.1, within
Section 8 of this submittal.
h. Such conditional use shall be subject to all conditions set-forth in this title, except the
provisions of §18.48.060, BMC, Landscape Performance Standards; and
The proposed tree along Alderson Street cannot be located within the required street vision
triangle of the driveway.
The fence and landscaping has been modified to meet the requirements of the street vision
triangle.
i. All permits required by the City, including, but not limited to, building permits and
business license, shall be received prior to establishing the home based business.
A copy of a current City of Bozeman business license will be required with a formal CUP
application.
All building permits and licenses will be secured according to law. A current copy of the Strong
Frames City of Bozeman business license has been provided within Section 6 of this submittal.
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Response: Historic Preservation Officer Page 1 of 4
INFORMAL COMMENTS
COURTNEY KRAMER, HISTORIC PRESERVATION OFFICER
FEBRUARY 1, 2011
Note: Following the informal meeting and the comments received by planning staff and the
Historic Preservation Officer, many changes were made to the design proposal for the Strong’s
detached garage. For a brief summary of changes, please refer to the Project Update
spreadsheet found in Section 19 of this submittal.
1. Any modifications to the residence prior to 1960 are now a contributing element of
the structure’s historic integrity. The addition of the shutters to the lower levels in the
1940’s and an attached garage to the rear of the residence in 1951, with non-alley
loaded vehicular access, reflect post-war residential American architecture and are
architectural elements which do not necessarily detract from the residence historic
character.
Currently, exterior brickwork and a beautiful hopper-style window into the main floor
bathroom are hidden by the garage. Removal of the garage will ensure improved
maintenance of the older interior west wall and kitchen ceiling. Removal of the garage
will allow original roof lines and details to remain and to be restored to original
condition.
In addition to the loss of historically significant
features due to addition of the garage in 1951,
the attached garage is the cause of complex
waterproofing and roofing problems
experienced over the years. In the winter,
snow and ice dam up against the brick.
Loretta and Carl must climb out of a second
story window and break up the ice dams to
remove the ice from the roof. If this does not
occur, the ice melts and water drains into their tongue and groove kitchen ceiling and
down a kitchen wall.
In the photograph to the right, you can see a window that for some time did allow light
to filter down through the garage and then through the bathroom window. In 2010,
during roof repairs this window too had to be covered to help minimize water damage
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from the roof. There is no light visible at this time through the covered interior
bathroom window.
2. Deviations are intended to be granted for projects which replace a previously
removed historic element. This application insists that the creation of a large
detached accessory structure replicates a historic condition. If a historic condition is
truly to be replicated, the vehicular or otherwise access should be gained from the
alley as it would have been historically, and the access from Alderson Street
abandoned.
A garage was previously located within nearly the same spot as the garage is proposed
today. See Sanborn Maps in Section 14 of this submittal. At that time there were other
structures on-site to the rear of the house. It is likely that one of these structures was
the garage that was later move closer to and attached to the house. There is a curb cut
to the west of the existing curb cut that would support the theory that this was at one
time the location of a second garage. Now there is a second curb cut that allows access
the relocated garage.
Although it appears that historically there has been vehicular access from both the alley
and Alderson Street, Loretta and Carl propose to more truly replicate the historical
condition of the neighborhood by abandoning and repairing the two Alderson Street
curb cuts and to access the new garage from the alley; as recommended. Granting of
the requested deviation would be in keeping with the intent to provide deviations to
replace structures that were previously removed historical elements. For more detailed
discussion of the historical significance of alley oriented secondary structures please
refer to Section 14 of this submittal.
3. The fence indicated on the architectural drawings violates the street vision triangle
when exiting the alley onto Alderson Street. The new boulevard tree indicated on the
architectural drawings near the existing drive access onto Alderson Street similarly
violates the street vision triangle.
The fence and landscaping has been modified to meet the requirements of the street
vision triangle.
4. The City of Bozeman’s regulations for height and location in regard to setbacks are
intended to promote the construction of new accessory structures in a mass and scale
similar to that seen historically in a neighborhood. New accessory structures should
be clearly subordinate in mass and scale. The footprint of the proposed accessory
structure indicates a building nearly as large as the existing residence.
The height and footprint of the secondary structure have been reduced to make the secondary
structure more clearly subordinate to the primary house as recommended. The height of the
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secondary structure has been reduced by 3’2” and is currently proposed to be 24’6”. The
footprint of the secondary structure has been reduced by 128 square feet and is currently
proposed to be 936 square feet.
5. By requiring new accessory structures over 600 square feet to be outside the 20 foot
rear yard setback BMC regulations insist that the detrimental effects of a large
accessory structure be placed on the property owner rather than adjacent residences.
The proposed accessory structure proposed to not just deviate from the 20 foot rear
yard setback for accessory structures over 600 feet, but to further deviate from the 6
foot required setback for structures under 600 feet by placing the structure a mere 3
feet from the alley. This intrusion into the public alley could cause detrimental effects
to adjacent property owners and is not a supportable deviation request.
The proposed secondary structure is now proposed to meet the 6’ setback for structures greater
than 600’. Every effort has been made to reduce potential detrimental effects to neighbors,
including the adjustments to height and footprint. The design has been updated to include
more friendly rear neighbor and alley design features such as the addition of a 12’ dormer
window and inclusion of building materials with a stronger relationship to the existing house. At
this time there are no known detrimental effects that will be caused by situating the garage in
the proposed location.
6. The existing residence is characterized by numerous bay or paired double hung
windows, roof pitch changes, and other such compartmentalizations of space to break
up the mass of the building. The proposed accessory structure presents the public in
the alley with a long, unbroken gable roof and lap siding broken by minimal windows.
The façade presented to the neighboring property to the north is a large plane of
horizontal surfacing with no relief and minimal windows. The design indicates no
interaction between the existing residence and the proposed accessory structure.
After receipt of the above comments, significant changes were made to the design which
affected the relationship between the existing house and the presentation of the garage to the
public. The garage will utilize drop lap siding and cedar shingles to reflect materials used on the
home. The deck will mimic the deck on the home. A 12’ dormer and windows were added to
the east and west elevation of the roof. See new proposed designs in Section 8 of this
submittal.
7. The proposed roof deck above the garage on the second floor of the accessory
structure is inconsistent with the character of the neighborhood.
Similar to the comments in Item 1, changes do occur to our built landscape that reflect current
times which later become historically significant. Just as the attached garage and street side
curb-cut in 1951 reflected a more suburban driven post-war America, the more efficient use of
outdoor space reflects the new Urbanism and Smart Growth trends of our times. The idea that
one has to own a sprawling property out in the country to enjoy outdoor space is no longer true.
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Through effective use of space, in this case, utilizing dead space above the garage, the Strong’s
are able to preserve green space within their yard and a tree to the east of the proposed garage
while still enjoying a built outdoor space for relaxing and/or entertaining. The design
orientation towards the side-yard and an existing landscaped buffer between the Strong’s lot
and the property to the north is intended to minimize impacts to neighbors both for privacy
considerations and to reduce potential aesthetic intrusion.
Innovation by definition is new and is recognized by the City of Bozeman as an acceptable
method “To preserve and enhance Bozeman’s unique quality of life through innovative and
responsible planning and community development.” - City of Bozeman Mission statement.
Although, it will take some time for this design feature to become historically significant, it is
intended to create, “A diverse, attractive, and sustainable community which preserves our
heritage and respects the environment” now. – City of Bozeman Vision Statement.
8. The proposed second floor space could not be used as an accessory dwelling unit. I
would require a note attached to the title to indicate as such.
There is no longer any plumbing proposed for the garage. The second floor space is not
intended for use and cannot be used as an accessory dwelling unit.
CONCLUSION
“The overall design goal for Bozeman is to preserve the integrity of its individual historic
structures and the character of its streetscapes that are unique or irreplaceable assets to the
City and its neighborhoods.” Significant changes have been made to the original design per
recommendations by planning staff and the Historic Preservation Officer. It is the intent that
the new design more accurately respects the primary residence on-site through more
appropriate mass, form and scale as well as building materials. The move to an alley accessed
garage further improves and preserves the unique streetscape found within the Bon Ton
neighborhood. The Strong residence has long been noted as an irreplaceable asset to the
Bozeman community. Now, with design that speaks to the character of the past and innovation
in design and use for the future, the Strong’s believe their home and yards will remain a notable
and perhaps even more relevant feature within the neighborhood.
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PROJECT LOCATION City of BozemanDATE 2/8/2012PROJECT ID 10.005Comparative AnalysisCharacteristicsItem Description 2011 20121 Form: Attached vs. DetachedDetached Detached2Height27' 8"Deviation Required24' 6"No Deviation Required3 Second Story Wall Height 6' 2"Deviation Required3'No Deviation Required4 Rear Yard Setback3" 6"5 Garage Footprint1064 sq.ft. 936 sq. ft6 Mud RoomProposed Attached to HomeNo longer proposed.7 Access PointFrom Alderson From Alley8 Architectural StyleModern Elements Traditional Elements9 Compartmentalization of Exterior SpaceNo Dormers - Minimal Windows12' Dormers10 Frame Studio Workspace DetailNot Provided Provided11 Street Vision TriangleNon-Compliant Compliant12 PlumbingProposed Not ProposedDifferenceCompliant with code.No Change3' 2" drop in building height. Compliant with code. Subordinate structure to primary residence, no longer exceeds height of primary structure.3' 2" drop in building height. Compliant with code. Doubled the proposed rear yard setback to be consistent with the setback requirement for accessory structures under 600 square feet.Reduction of 128 square feet of building mass to better meet the goal of a subordinate accessory structure.More accurate replication of historic alley structures. Per 02.01.2011 Memo, Courtney Kramer, Historic Preservation OfficerLap Siding and Cedar Shingles will mirror the materials on the existing home.See page A2.1 of Architectural Drawing SetReduced potential for unpermitted ADUAlternatively, a small, open porch is proposed for the west elevation of the home.Strong Residence Garage and Porch Addition with Live/Work Option Project Update 173
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REPORT: DEVIATION REVIEW CRITERIA
CHAPTER 38.16.070
DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Chapter 38.16.070 (A)(1-3)
Necessary Conditions for Deviation Approval:
A. 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 article 35 of this chapter. The
criteria for granting deviations from the underlying zoning requirements are:
1. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in section
38.16.050, than would be achieved under a literal enforcement of this chapter;
See Deviation Summary in Section 14 of this submittal. It should be noted that if the
Strong’s did not elect to pursue this deviation and more historically appropriate location
for their building, they could build a larger structure. Alternatively, the Strong’s have
elected to pursue a smaller building than their original proposal in a more historically
accurate location. This maintains better use of the internal space within their lot and a
traditional
2. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
The abutting properties are residential within a
residential zoning district and historic Bon Ton
district neighborhood overlay. Secondary
structures of varying sizes line the alley ways with
minimal or no setbacks throughout the
neighborhood. See attached photo inventory of
alleys. As outlined within the response to Item 1
the proposed deviation would allow the secondary
structure to be located in a more historically
appropriate site as described within, Chapter 2,
Design Guidelines for All Properties, (B) Street
Patterns, Section (C)(2) on Alleys, and Chapter 3, Guidelines for Residential Character
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Areas (D) Secondary Structures. The location of the structure follows an existing historic
land use pattern within the neighborhood.
In addition, if approved the Strong’s propose to abandon the two existing accesses on
Alderson Street, install new curb and gutter, sidewalk and street trees. See Section 17
for additional details. This is intended to strengthen the relationship of the new
secondary structure to the historical character of the neighborhood and better meet the
previously sited guidelines for appropriateness of new secondary structures. Approval
of the deviation would have no adverse impacts to the historic character of the abutting
properties. To the contrary, if the deviation request is denied the garage location would
not be in keeping with the historic character of the neighborhood and would result in
negative impacts to the traditional development pattern of the abutting properties.
More specifically in regards
to potential impacts to the
neighbors to the west, the
proposed location of the
Strong’s secondary structure
is directly across the alley
from two existing garages
that sit on or very near the
rear yard lines. See image.
These structures create a
buffer between private yard
space within abutting lots,
the alley and the secondary structure proposed by the Strong’s. This buffer ensures
there will be minimal encroachment into the privacy of adjacent homeowners.
Additionally, the existing secondary structures will largely block the view of the Strong’s
garage from inside these lots. The secondary structure proposed by the Strong’s is
larger than the existing structures immediately to the west. To compensate for the
larger footprint the Strong’s have proposed to set the garage 6’ off of the alley and into
their yard. The location of the structure follows an existing historic land use pattern
within the neighborhood and with the proposed setback of 6’ will have minimal adverse
impacts on abutting properties to the west.
Any development of a new structure on the Strong’s lot along the northern edge of the
property will have some impacts to the property owners to the north. However,
approval of the deviation request would consolidate impacts the rear of the property
Neighboring Secondary
Structures
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thereby minimizing potential negative impacts. Consider, if the deviation were denied,
the location of the garage would be within the center of the yard and would therefore
cast shadow into the center of the neighbor’s yard to the north and would also block
views from the center of the yard. By keeping the garage tucked near the rear alley
views and light within the center of the property are protected. To ensure minimal
impacts to the privacy of the neighbors to the north, the Strong’s are proposing to have
no windows on the north facing wall. To break up the face of the wall and provide visual
interest to the building, the Strong’s will use varying materials, cedar shingles and drop
lap siding. Approval of the deviation would have no adverse impacts on the property
owners to the north and in fact, would protect the property owner from adverse
impacts resulting from shadows and impeded viewscape.
3. Modifications shall assure the protection of the public health, safety and general
welfare.
The fire department and building department have reviewed the proposed project for
impacts to public health, safety and general welfare. Conditions related to building
materials, type of fire hydrants on site and annual fire inspection of the structure have
been proposed. If these conditions are approved the approval of the deviation will not
impede the ability to assure protection of the public health, safety and general welfare
of the public.
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