HomeMy WebLinkAboutJuly 9, 2012_Thompson Garage Sketch Plan No_ Z-12112 Certificat_9.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Historic Preservation Officer
Tim McHarg, Planning Director
SUBJECT: A Certificate of Appropriateness application including deviation requests
to allow the construction of a new attached garage and front porch at 117
East Dickerson Street. Deviations are requested to enable construction of
the garage and front porch in the minimum 15 foot front yard setback as
well as to enable construction of a street loaded-garage less than 20 feet from the Right of Way.
MEETING DATE: July 9, 2012
AGENDA ITEM TYPE: Action
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 Z12112 and move to approve the Sketch Plan Certificate of
Appropriateness with Deviations with no conditions and subject to all applicable code
provisions.
BACKGROUND: Property owners Dennis and Janice Thompson submitted a Sketch Plan Certificate of Appropriateness proposing construction of a new attached garage and front porch
on the front façade of the residence at 117 East Dickerson Street. The project requires two
deviations; first, from Section 38.08.050 A 1 c of the Bozeman Municipal Code, “Residential
Zoning- Yards” to allow the new porch and garage to encroach into the required 15 foot front
yard setback. A second deviation is required from Section 38.08.050 A 4 to allow a vehicle entrance oriented towards the street to be closer than 20 feet to the property line.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application as submitted, with conditions as recommended by Staff.
2. Approve the application with modifications to the Staff recommended conditions. 3. Deny the application based on a finding of non-compliance with applicable criteria.
4. Continue the public hearing on the application, with specific direction to Staff or the
applicant for additional information.
FISCAL EFFECTS: None at this time. Report compiled on: June 21, 2012 Attachments: Staff Report
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Application materials
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#Z-12112 Thompson Garage and Porch Sketch Plan COA/DEV Staff Report 1
City Commission Staff Report for Thompson Garage and Porch in a R-2 District- COA/DEV File #Z-12112
Item: A Certificate of Appropriateness application including deviation requests to allow the construction of a new attached garage and front porch at 117 East Dickerson Street. Deviations are requested to enable construction of the garage and front porch in the minimum 15 foot front yard setback as well as
to enable construction of a street loaded-garage less than 20 feet from the Right of Way. The property is
zoned R-2 (Residential, Medium Density) and lies within the Neighborhood Conservation Overlay
District. Owners: Dennis and Janice Thompson, 117 East Dickerson Street, Bozeman, MT 59715
Date: City Commission meeting, July 9, 2012, 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Courtney Kramer, Historic Preservation Officer
Recommendation: Conditional Approval
Recommended Motion: I move to approve application Z-12112 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria.
______________________________________________________________________________
Project Location The property described as Hoffman’s Addition, block B-E, the 22 feet of south 90 foot lot 15 and south 90 feet
of lot 16, City of Bozeman, Gallatin County, Montana
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Proposal/Background
The Certificate of Appropriateness application proposes construction of a new attached garage and front
porch on the front façade of the residence at 117 East Dickerson Street. The project requires two deviations; first, from Section 38.08.050 A 1 c of the Bozeman Municipal Code, “Residential Zoning-
Yards” to allow the new porch and garage to encroach into the required 15 foot front yard setback. A
second deviation is required from Section 38.08.050 A 4 to allow a vehicle entrance oriented towards
the street to be closer than 20 feet to the property line.
Recommended Conditions of Approval
Based on the subsequent analysis, Staff finds that the application, with conditions and code provisions,
is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development
Ordinance. Staff has not included recommended conditions of approval, but does recommend the following code provisions:
Code Provisions:
1. Per Section 38.01.080 & 38.34.110, the proposed project shall be completed as approved and
conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the
applicant submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications. The only exception to this law is repair.
2. Per Section 38.34.100.6, the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval, or said approval shall become null and void. Please call the Building Department at 406-582-2375 for more information on the building permit process.
3. Per Sec. 38.21.050.F, “Accessory Buildings and Equipment”, roof top mounted and ground
mounted mechanical equipment shall be screened.
Conclusion/Recommendation
The Staff has reviewed the Thompson Garage and Porch proposal and recommends approval of the
application with the conditions outlined in this Staff Report. The applicant must comply with all
provisions of the Bozeman Unified Development Ordinance. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
State law.
Zoning Designation & Land Uses
The subject property is a single household residence, zoned R-2 (Residential, two-household, medium
density). The intent of the R-2, Residential Two-household, Medium Density district is to provide for one-
and two-household residential development at urban densities within the City in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Single Household Residential, zoned R-2
South: Single Household Residential, zoned R-2
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East: Single Household Residential, zoned R-2
West: Single Household Residential, zoned R-2
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
as Residential. This category designates places where the primary activity is urban density dwellings.
Other uses which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment
opportunities to persons without requiring the use of an automobile. Implementation of this category by
residential zoning should provide for and coordinate intensive residential uses in proximity to
commercial centers. The residential designation indicates that it is expected that development will occur
within municipal boundaries, which may require annexation prior to development
Review Criteria & Staff findings
Section 38.16.050 “Standards for Certificates of Appropriateness” Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval.
In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in
light of these standards. A. All work performed in completion of an approved Certificate of Appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Department of Planning).
Due to alterations and inappropriate materials, the exiting residence has no historic significance or
integrity. The COA criteria listed below evaluate proposed projects against the Secretary of the Interior’s Standards. Staff finds this criteria satisfied. 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 height of the existing residence will not change. The proposed new garage is a
single story, and significantly less in height than the existing primary roof line.
2. Proportions of doors and windows: The project proposes to replace bay windows inconsistent with neighborhood character in order to install a picture window flanked by single-hung windows. This alteration is consistent with neighborhood character. The size and location of the
front door will remain unchanged. The size and location of the garage door is appropriate within
the context of the neighborhood.
3. Relationship of building masses and spaces: The proposed front porch space will reinforce the front entrance of the residence without altering the massing as perceived from the street. The
proposed garage, located to the side of the residence due to constrictions on lot access (there is
no alley) is appropriate. The flat roof of the proposed garage reduces the garage’s massing as
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perceived from the street.
4. Roof shape: The project proposes no alterations to the roof shape of the existing structure, other
than to lengthen the ridge line to provide a covered porch. The flat roof of the garage is a common construction technique for garages in this neighborhood.
5. Scale: The proposed garage does impact the width of the residence from the street, thereby
impacting the perceived scale of the structure. This impact is diminished, however by the use of
a flat roof as a construction technique.
6. Directional expression: The proposed porch reinforces the existing direction expression of the
residence towards the street. The proposed garage does not negatively impact the direction
expression of the residence.
7. Architectural details: The existing residence has few architectural details. The proposed project
includes small architectural details such as trusses in the gable-end of the porch roof. The
addition of these architectural details improves the character of the residence.
8. Concealment of non-period appurtenances, such as mechanical equipment: The applicant has been notified that screening of mechanical equipment is required (see code provisions).
9. Materials and color scheme: The residence is currently clad in vinyl lap siding. This project
proposes to install new Hardie-board siding with a five inch reveal. The existing roof will be
replaced with an architectural shingle, and the new garage roof will be a corrugated metal the color of dark grey. The front window will be replaced with a white vinyl, as seen in the rest of
the residence. The front door will be replaced with a masonite fiberglass raised panel door.
As the residence is not historically significant, Staff finds the use of these materials appropriate
within the context of the neighborhood.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy
significant historical, cultural or architectural structures, or their components, and when such
design is compatible with the foregoing elements of the structure and the surrounding structures.
The existing residence is not a historically significant structure and the proposed alterations are
compatible with the character of the surrounding neighborhood.
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 have been incorporated into the above review of the application.
E. Conformance with other applicable development standards of this title. Said application would permit the construction of a new attached garage and front porch on the front
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façade of the residence at 117 East Dickerson Street. The project requires two deviations; first, from
Section 38.08.050 A 1 c of the Bozeman Municipal Code, “Residential Zoning- Yards” to allow the new
porch and garage to encroach into the required 15 foot front yard setback. A second deviation is required
from Section 38.08.050 A 4 to allow a vehicle entrance oriented towards the street to be closer than 20 feet to the property line.
The required criteria for granting deviations are examined in the following section.
Section 38.16.070 “Deviations from Underlying Zoning Requirements”
Section 38.16.070 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, ADR Staff evaluated the applicant's request in light of these
criteria.
A. Modifications shall be more historically appropriate for the building and site in question, and the adjacent properties, as determined by the standards in § 38.16.050 of this chapter, than would be achieved under a literal enforcement of this title;
Literal enforcement of this title would prohibit construction of a front porch on this structure, as the residence was constructed a mere 16.5 feet from the front property line. Front porches are a character-
defining feature in Bozeman’s Neighborhood Conservation Overlay District. Many of the residences on
this stretch of East Dickerson have a front porch.
Given the unimproved nature of East Dickerson Street, the house is perceived as set back further from the street. The yards of many residences in this neighborhood actually extend into the East Dickerson
Street Right-of-Way. With this neighborhood character in mind, the construction of a street-loaded
garage less than 20 feet from the ROW line has no impact on the historic character of this streetscape.
It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will be more historically appropriate for the site and surrounding
neighborhood in question and thus fulfills Criteria A of Section 38.16.070 “Deviations from Underlying
Zoning Requirements,” of the Bozeman Unified Development Ordinance.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;
The proposed porch and garage will have minimal adverse effect on the Right of Way. As no sidewalk
exists, the pedestrian experience of East Dickerson Street will remain greatly unchanged. Only the
property owner to the east will be impacted, by the construction of the proposed garage. The eastern garage wall will satisfy the City of Bozeman’s minimum five foot side yard setback requirement. The
single story roof of the garage further reduces the effect on the abutting property.
It is the determination of ADR Staff that with the recommended conditions of approval this application
creates a project which will have minimal adverse effect on abutting properties and thus fulfills Criteria B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman
Unified Development Ordinance.
C. Modifications shall assure the protection of the public health, safety and general welfare.
It is the determination of ADR Staff that with all the recommended conditions of approval and code
provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criteria C
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of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Ordinance.
Summary: Based on a finding that the deviation request meets all applicable criteria, Staff
recommends approval of the deviation request.
AS THIS APPLICATION INCLUDES A REQUEST FOR A DEVIATION, THE CONCURRING
VOTE OF THREE MEMBERS OF THE CITY COMMISSION IS NECESSARY TO EFFECT THIS DEVIATION. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080 OF THE BOZEMAN MUNICIPAL CODE.
Attachments: Application
Report Sent to: Dennis and Janice Thompson, 117 East Dickerson Street, Bozeman, MT 59715
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