HomeMy WebLinkAboutEngstrom Accessory Dwelling Unit Conditional Use Permit #Z-12179, 6
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
SUBJECT: Engstrom Accessory Dwelling Unit Conditional Use Permit #Z-12179.
MEETING DATE: August 20, 2012
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: That the City Commission approve the Engstrom Accessory Dwelling Unit
Conditional Use Permit application #Z-12179 with staff’s recommended conditions of approval.
RECOMMENDED MOTION: “Having reviewed the application materials, considered public
comment, and considered all of the information presented, I hereby move to approve Conditional
Use Permit application #Z-12179 to allow an accessory dwelling unit, at 2224 Bucks Run Court
within the Headlands Subdivision, hereby incorporating by reference the conditions of approval
and findings included in the staff report.”
BACKGROUND: The proposal includes a request to install an Accessory Dwelling Unit (ADU)
within the principal structure of this single family home currently under construction. The space within
the principal structure proposed for conversion to an ADU was originally permitted as guest rooms. As
accessory dwelling units are a conditional use in the R-S zoning district, a conditional use permit (CUP)
has been requested. The property is located within the Headlands Subdivision. The Headlands Design
Guidelines and Regulations are generally supportive of ADUs. The recommended conditions and code
provisions for the granting of this conditional use permit begin on page 2 of the attached staff report.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Approval of the CUP with the conditions as recommended by staff.
2. Approval of the CUP with amended conditions as determined by the City Commission.
3. Denial of the CUP application.
4. As determined by the Commission.
FISCAL EFFECTS: None
Attachments: Staff Report
Applicant’s Materials
Report compiled on: August 9, 2012
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City Commission Staff Report for
Engstrom Accessory Dwelling Unit in
R-S Zoning District - CUP
File #Z-12179
Item: A Conditional Use Permit and Certificate of Appropriateness application including a
variance request to allow an Accessory Dwelling Unit in the home located at 2224 Bucks Run
Court, zoned R-S, Residential Suburban District
Owner: T.J. Engstrom, 416 Woodman Drive, Belgrade, MT 59714
Applicant/Representative: T.J. Engstrom
Date: City Commission Meeting, August 20, 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Keri Thorpe, Assistant Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
This single family home is currently under construction and is located at 2224 Bucks Run Court
and legally described as Lot 8, Headlands Subdivision, Section 32, T01 S, R06 E, Acres 0.516,
PLAT J-346, City of Bozeman, Gallatin County, Montana.
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Proposal/Background
The proposal includes a request to install an Accessory Dwelling Unit (ADU) within the
principal structure of this single family home currently under construction. The space within the
principal structure proposed for conversion to an ADU was originally permitted as guest rooms.
As accessory dwelling units are a conditional use in the R-S zoning district, a conditional use
permit (CUP) has been requested. The property is located within the Headlands Subdivision. The
Headlands Design Guidelines and Regulations are generally supportive of ADUs.
Staff finds the proposal compliant with all City of Bozeman standards for ADU use within the
R-S zoning district including parking, lot area, utilities, setbacks, building height, ADU square
footage and entrance location. Occupancy standards will be recorded with the CUP at the
Gallatin Clerk and Recorder’s office.
This review is being conducted for the CUP to mitigate the impacts that might arise from an
ADU use in an R-S zoning District.
As required, the accessory dwelling unit is part of the principal dwelling and is clearly incidental
to the principal dwelling by meeting the following criteria under Section 38.22.030.A.9:
a. The accessory dwelling unit is created only in a single-household detached dwelling unit
on a lot of 6,000 square feet or more;
b. The accessory dwelling does not exceed one-third of the total area of the principal
structure; and,
c. The accessory dwelling unit is created only through internal conversion of the principal
structure.
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC and Staff find that the application, with conditions
and code provisions, is in general compliance with the adopted Growth Policy and the City of
Bozeman Unified Development Ordinance. The following conditions of approval are
recommended:
Recommended Conditions:
PLANNING
1. Parking for the ADU provided by the garage stall beneath the ADU deck area shall be
maintained for exclusive use of the accessory dwelling unit.
2. The ADU shall not be expanded without being subject to applicable CUP provisions
established in Chapter 38.19, BMC
3. Upon submitting the Final Site Plan for approval by the Planning Director, and prior to
the issuance of a building permit, the applicant will also submit a written narrative
outlining how each of the above conditions of approval and code provisions have been
satisfied or met.
4. Trees shall not be planted within 10 feet of any water or sewer service line.
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Code Provisions:
A. Section 38.19.110.F, In addition to all other conditions, the following general
requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
B. Section 38.19.110. I, Termination/Revocation of Conditional Use Permit approval.
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 plan approval in Section 19.38.130, 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 38.34.160, BMC.
C. Section 38.19.120, Final Plan, states that no later than six months after the date of
approval of a preliminary plan, the applicant shall submit to the Planning Department a
final plan with accompanying application form and review fee. The number of copies of
the final plan to be submitted shall be established by the Planning Director. The final plan
shall contain the materials required in 38.41.080 and38.71.090 BMC and whatever
revisions to the preliminary site plan or master site plan are required to comply with any
conditions of approval. Prior to the passage of six months, the applicant may seek an
extension of not more than an additional six months from the Planning Director. In
addition the owner shall submit a certification of completion and compliance stating that
they understand any conditions of approval and the submitted final plans have complied
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with any conditions of approval or corrections to comply with code provisions.
D. Section 38.22.030.A.1 The detached dwelling unit within which the accessory dwelling
unit is located, or the accessory dwelling unit itself, is actually and physically occupied as
a principal residence by at least one owner of record who possesses at least an estate for
life or a 50 percent fee simple ownership interest. No more than one of the dwellings,
either the principal dwelling or the accessory dwelling, may be rented by non-owners at
the same time. The city may require a guarantee of compliance with the requirements of
this section, including but not limited to a binding deed restriction or covenant enforcing
the single rental restriction as allowed in section 38.39.080.B, as a condition of approval;
E. Section 38.22.030.A.3 states the occupancy of the accessory dwelling unit shall not
exceed two persons.
F. Section 38.23.150 F Lighting Specifications for All Lighting, states that in all light
fixtures, the light source and associated lenses shall not protrude below the edge of the
light fixture, and shall not be visible from adjacent streets or properties. For lighting
horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall
meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral
angle around the fixture).
G. Section 38.26.100 A. Landscaping General Maintenance states required landscaping
must be maintained in a healthy, growing condition at all times. The property owner is
responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and
other maintenance of all plantings as needed. Failure to maintain required landscaping in
a healthy growing condition at all times may result in revocation of an occupancy permit.
When enforcing this provision of this chapter, external factors such as seasonality and
availability of landscape stock shall be considered before any action to revoke an
occupancy permit is taken.
H. Section 38.34.100 states that a building permit shall be obtained within one year of
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.
I. Section 38.34.110 states that no permit or license shall be issued unless the use,
arrangement and construction has been set forth in such approved plans and applications.
Conditions and Code Provisions from other DRC members:
J. Appropriate fire separation between the principal dwelling and the ADU is required.
Contact the Building Division at 582-2375 for current requirements
Building/Fire
K. Section 40.02.750 Protective Devices, In Accordance with the BMC Section 40.02.750
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
Water and Sewer
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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.
Conclusion/Recommendation
The DRC and Staff have reviewed the Engstrom ADU proposal and recommend City
Commission approval of the application with the conditions and code provisions outlined in this
Staff Report. The applicant must comply with all provisions of the Bozeman Unified
Development Ordinance, which are applicable to this project, prior to receiving Final Site Plan
approval. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Zoning Designation & Land Uses
The property is zoned R-S, Residential Suburban District. The intent of R-S District is to allow
open space, resource protection and primarily single-household development in circumstances
where environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of article 20 of this chapter,
pertaining to planned unit development, and shall be developed in compliance with the adopted
city growth policy.
The following land uses and zoning are adjacent to the subject property:
North: Residential Single family, zoned R-S
South: Residential Rural and Commercial Rural (plant nursery), County zoning
East: Residential Single family, zoned R-S
West: Residential Single family, zoned R-S
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the recently updated Bozeman Community Plan
designates the subject property to develop as Suburban Residential. This category indicates
locations generally outside of City limits, but within the planning area, where a land
development pattern has already been set by rural subdivisions. Subdivisions in this area are
generally characterized by lots two acres in size or less. It is probable that portions of this area
may be proposed for annexation within the next twenty years. The area is able to be served with
municipal water and sewer services with appropriate extensions of main lines. Any further
development within this area should be clustered to preserve functional open space. Individual
septic and well services are discouraged. If development is proposed within reasonable access
distances to waste water and water services, annexation to the City should be completed prior to
development.
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Bozeman Review Criteria & Staff findings
Section 38.19.110.E. CONDITIONAL USE PERMIT; Consideration and Findings for
Conditional Use Permits
In addition to the plan review criteria contained in Section 38.19.100 below, the Review
Authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity.
The lot is 22,477 square feet. Landscaping and open space comprises approximately 88% of
the lot. The parking requirements have been met for both the principal residence and the
ADU. The garage stall below the deck area of the ADU is designated for exclusive use of the
ADU resident(s). Landscaping will be typical for a single family home. This subdivision has
no boulevard or sidewalk along the lot frontages. Per city standard, the homeowner is
required to maintain 75 percent coverage of all yards with natural grass, vegetative
groundcover or other natural living plant materials, the remainder of which is covered with
nonvegatative decorative landscape design elements such as washed rock, lava rock, bark
chips and ornamental features such as pools, fountains, benches, etc. For the purposes of
landscaping the “yard area” includes all those areas from the building wall to the property
line exclusive of drive accesses and walkways.
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.
A notice was placed in the front yard and surrounding property owners within 200 feet of the
property were mailed notices informing them of the proposed use and variance request, per
UDO requirements. No public comment had been received at the time of writing this staff
report. Any public comment received hereafter will be forwarded to the City Commission
members prior to the public hearing.
Staff does not anticipate any adverse effect upon the abutting property and feel any concerns
arising from the establishment of an ADU are mitigated by the conditions and code
provisions listed in this report.
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to: regulation of use; special yards, spaces and buffers; special fences, solid
fences and walls; surfacing of parking areas; requiring street, service road or alley
dedications and improvements or appropriate bonds; regulation of points of vehicular
ingress and egress; regulation of signs; requiring maintenance of the grounds;
regulation of noise, vibrations and odors; regulation of hours for certain activities; time
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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 developed, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. A CUP document will be
prepared incorporating all conditions and code provisions for recording.
Section 38.19.100 Plan Review Criteria
In considering applications for plan approval under this title, the review authority and advisory
bodies shall consider the following criteria:
1. Conformance to and consistency with the City’s adopted growth policy
The Headlands PUD was approved in 2002 by the City Commission, and this proposal is in
general conformance with the PUD approval and therefore, the growth policy.
2. Conformance to this title, including the cessation of any current violations
Staff is not aware of any current violations on the subject property. The applicant is advised
that unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will
be further evaluated against the requirements of the International Building Code at the time
application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
The site plan for the proposal is typical of other single family dwelling developments within
the Headlands Subdivision.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Staff finds the parking for the principal dwelling and proposed ADU are adequately
addressed with the applicant’s proposal.
6. Pedestrian and vehicular ingress and egress
Pedestrian and vehicular ingress and egress is typical and similar to other single family
developments within the Headlands Subdivision.
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
• Bozeman Municipal Code (BMC) requires that yard landscaping be maintained to
provide vegetative cover for at least 75% of the yard area exclusive of buildings,
driveways and walkways and that it be maintained in a healthy condition.
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• The building looks like a single family dwelling
• The garage doors face the side yard which reduces the appearance of vehicular use
• Open space: there is no open space requirement with this application, beyond the required
R-S setbacks established during the PUD process. The required setbacks have been met.
8. Open space
There are no open space requirements associated with this application other than required
yard setbacks which are met (see above).
9. Building location and height
These are unchanged with this application. The single family dwelling is currently under
construction.
10. Setbacks
These standards are met by the existing condition and are unchanged with the applicant’s
proposal.
11. Lighting
No exterior lighting modification is proposed with this application. See code provisions listed
in this staff report.
12. Provisions for utilities, including efficient public services and facilities
Not applicable. The electrical plan is reviewed during building permit review, and a
condition regarding a backflow prevention device was provided. Impact fees will be due
prior to issuance of building permit for the addition of the ADU.
13. Site surface drainage
Additional driveway surfacing and concrete entryway is minimal and within what’s allowed
for a single family dwelling.
14. Loading and unloading areas
No loading areas are proposed with this application.
15. Grading
The grading is unchanged with this application
16. Signage
No signage is proposed or permitted for this use.
17. Screening
None required.
18. Overlay district provisions
Not applicable.
19. Other related matters, including relevant comment from affected parties
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No public comment has been received at this time.
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.
Not applicable
21. Compliance with Title 17 Chapter 2, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
Attachments: Application and public comment
Report Sent to: T.J. Engstrom, 416 Woodman Drive, Belgrade, Montana 59714
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