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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Planner I
Tim McHarg, Planning Director
Chris Kukulski, City Manager
SUBJECT: Jarvi Administrative Project Decision Appeal No. C-12002
MEETING DATE: August 20, 2012
AGENDA ITEM TYPE: Action
RECOMMENDATION: That the City Commission act on the Jarvi appeal based on whether the
Brown/ Charles garage project (No. Z-12108) complies with the “Standards for Certificates of
Appropriateness” (BMC Section 38.16).
Staff Recommended Motion: Having reviewed the application materials, heard public
comment, and considered all of the information presented, I move to uphold the Brown/
Charles Administrative Project Decision, thereby denying the Jarvi Administrative Project
Decision Appeal application No. C-12002.
BACKGROUND: On May 18, 2012, the Department of Planning received a Certificate of
Appropriateness (COA) application from property owner Elissa Brown and representative Graham
Goff requesting COA approval for demolition of a non-original porch on the west façade of the
residence at 603 South 3rd Avenue in order to enable construction of an attached garage with storage
space in the loft. The residence contributes to the Bon Ton Historic District, on the National Register
of Historic Places. The COA application was reviewed by Planning Staff under the applicable
provisions of the Bozeman Municipal Code Chapter 38 “Unified Development Ordinance.”
During the review process, the adjoining property owner to the west, Jeffery Jarvi, requested
information about the proposed project. Planner Courtney Kramer and Assistant Planning Director
Chris Saunders met with Mr. Jarvi on Tuesday, May 29 to present the project applicable Municipal
Code sections and review criteria. On June 4, 2012 Mr. Jarvi submitted to the Planning Department an
affidavit raising questions about the project and stating his opposition to potential Planning
Department approval of the COA.
Planning Staff worked with the City Attorney’s office to evaluate the four points raised in Mr. Jarvi’s
affidavit and incorporate them into the Planning Department’s review of the application. The four
points include:
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1. The location of the required 20 foot rear yard setback for residential properties on a
corner lot. Mr. Jarvi’s affidavit asserts that as the property is addressed to South 3rd Avenue,
the “rear yard” must be opposite the front yard, to the west of the existing residence at 603
South 3rd Avenue.
In evaluating this point, Staff found that given its location on the corner of South Third Avenue
and West Dickerson Streets, the residence at 603 South Third Avenue is located on a lot
presenting a “second or subsequent front yard or corner side yard,” as defined by Bozeman
Municipal Code Section 38.42.2780:
A yard on a corner lot the area of which is bounded by a line extending
from the front of the principal building (the front building line) to a point
intersecting the side street right-of-way line (side lot line), then along the
side lot line to a point intersecting the rear lot line, then along the rear lot
line to a point intersecting the line formed by extending the wall of the
nearest principal building paralleling the side lot line.
Bozeman Municipal Code Section 38.08.050 A “Yards” requires a minimum 15 foot
front yard setback for properties in this R-1 zoning designation, which in this case
would apply to both the South Third and West Dickerson corners of the property. This
situation is illustrated as follows in Figure 38.42.2650 “Required Yard:”
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Bozeman Municipal Code Section 38.08.050 A “Yards” further delineates a minimum 5 foot
side yard setback and a minimum 20 foot rear yard setback. Bozeman Municipal Code,
however, does not prescribe where these minimum yards shall be located in relationship to the
lot or configuration of the residence upon that lot. Planning Staff has been of the opinion that
when presented with a corner-side yard lot, the property owner may choose to locate the rear
yard area along either interior lot line, and delegate the other interior lot line as a side yard, as
long as at least one rear yard area is provided.
This is illustrated in Figure 38.21.060 C Special Yard Setbacks, which clearly illustrates a
corner-side residence with the rear yard setback located adjacent to the front yard, while the
side yard setback is behind the front door of the house:
One Municipal Code Section does give guidance for the location of rear yards. BMC Section
38.08.050 C notes that “When a lot has one or more principal buildings which are oriented to
place the functional rear of a building adjacent to a side lot line a setback from the property line
equal to that for a rear yard shall be provided.”
The key phrase in this sentence is “functional rear of a building,” which Bozeman Municipal
Code does not define. This code section arose following the design and construction of a multi-
building apartment complex which stacked multi-tenant buildings along the side property line.
The front yard setback was satisfied, however due to the design of the residential units; tenants
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would walk out their “back” door and have a minimum 5 foot side yard setback in which to do
functional “back yard things” like barbeque, store recreational equipment, recreate, etc. This
code provision was enacted to ensure that when the functional rear of a building was designed
against a side yard setback, the residents would be provided sufficient back yard space with a
minimum 20 foot setback.
In the case of 603 South Third Avenue, the sale of the western half of the lots in the mid 20th
century caused the residents to begin using the yard along the southern property line as a rear
yard. An exterior door and deck was added to the southern façade of the residence sometime in
the late 1990’s, further reinforcing use of the southern half of the property as the rear yard
space. The area to the west of the residence has been largely unused.
Given the built environment of the residence at 603 South Third Avenue, Staff found the
southern façade of the residence as the “functional rear,” and that the adjacent southern yard
provided sufficient area for a rear yard setback. With this in mind, portion of the lot to the west
of the residence was determined to be a side yard and any new construction in this area subject
to a minimum 5 foot side yard setback.
2. Sewer line: Mr. Jarvi’s affidavit stated that Ms. Brown and Mr. Charles should not be allowed
to build a driveway across the sewer line which exits his house and crosses the north west
corner of 603 South 3rd Avenue’s property before connecting to the sewer main.
While the sewer line from Mr. Jarvi’s property does run through the north west corner of Ms.
Brown’s property, Mr. Jarvi has not provided the City with any type of utility easement
guaranteeing his right to this use of the 603 South 3rd Avenue property. The City’s Municipal
Code does not regulate easements between private property owners. Furthermore, the City’s
Water and Sewer Superintendent permits “flatwork” construction like streets, sidewalks and
driveways over sewer lines where in the public right of way. As Mr. Jarvi’s sewer line is on
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private property, this is a private property issue in which the City of Bozeman has no
jurisdiction.
3. Storage in side yard: Mr. Jarvi’s affidavit states that Ms. Brown and Mr. Charles should not
be allowed to build a garage with storage space along the west wall which extends into the side
yard setback area along the shared property line.
The COA application proposes construction of a small eve to offer protection to recreational
equipment stored along the western side of the garage. Bozeman Municipal Code Section
38.21.060 A 2 states:
“Architectural features, which do not add usable area to a structure, such as
chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels,
cornices, awnings, window wells and steps, provided such architectural features
do not extend more than two feet into any required side yard, except that eaves
and gutters may extend 2.5 feet into any required side yard.”
The proposed eve encroaches 1 foot 6 inches into the required 5 foot side yard setback.
Bozeman Municipal Code does not prohibit the storage of recreational equipment like
bicycles, kyacks, lawn mowers, hammocks, dog houses and the like in the side yard
setback.
4. Protection of existing trees: Mr. Jarvi’s affidavit states that Ms. Brown and Mr. Charles
shouldnot to be allowed to build a garage and driveway that threatens the trees located on Mr.
Jarvi’s property.
Bozeman Municipal Code does not dictate the preservation of landscaping across property lines
in a COA application. This is an issue between private property owners.
In conclusion, Planning Staff found the proposed project satisfied the minimum regulations for yards
as defined by Bozeman Municipal Code. Furthermore, Staff found the COA application to follow the
applicable guidelines of the City’s Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District, as the addition is on a non-primary façade, subordinate to the historic
residence, and generally in keeping with the historic architectural style. The project further fits the
neighborhood character, as the proposed garage will share a property line with an existing garage
attached to the residence to the west. Conditional approval of the Brown/ Charles COA application was
recommended by Planner Kramer to the Planning Director ton June 25, 2012. Recommended
conditions of approval included:
1. Care shall be taken to protect the sewer line of the adjacent residence at 310 West Dickerson
Street, which crosses the north and west corner of this property, during the construction period.
On July 9, 2012 Mr. Jarvi filed an Administrative Project Decision Appeal with the City Clerk’s office,
and the appeal was scheduled to the City Commission in a timely manner. Public notice of the appeal
was completed per Bozeman Municipal Code requirements.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Approve the appeal application with revised findings that the Brown/ Charles
garage project (#Z-12108) does not comply with the “Standards for Certificates of Appropriateness”
(BMC Section 38.16).
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.
FISCAL EFFECTS: None identified.
Attachments: Appellant Application Materials
Brown/ Charles Certificate of
Appropriateness application materials
(#Z-12108)
Memo date: August 8, 2012
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planning • zoning • subdivision review • annexation • historic preservation • housing • urban design
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
Memo to File
From: Courtney Kramer
Date: June 25, 2012
RE: Brown/ Charles Garage Addition, 603 South Third Avenue, Bozeman, File #Z12108
Staff has recommended approval of the above-referenced Certificate of Appropriateness application
because the proposed project is consistent with the City of Bozeman’s Municipal Code as well as the
Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District.
The application proposes demolition of a non-original porch on the west façade of the residence at 603
South 3rd Avenue in order to enable construction of an attached garage with storage space in the loft.
The residence contributes to the Bon Ton Historic District, on the National Register of Historic Places.
Constructed ca. 1900 in the Colonial Revival style, the Callaghan Residence is addressed to South Third
Avenue with the original rear of the property along what is now South Fourth Avenue. The residence
first appears on a 1904 Sanborn Fire Insurance Map 1
, which gives an indication of the structure’s
original form:
1904 Sanborn Fire Insurance Map
1 (Sanborn Fire Insurance Company 1904)
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Page 2
The 1912 Sanborn Fire Insurance Map 2 indicated the addition of a porch to the west-facing façade of the
residence. This porch remains intact through all of the Sanborn Maps for Bozeman, with enclosure of
the south-west corner occurring in time to be recorded in the 1943 Sanborn Fire Insurance Map.3
1912 Sanborn Fire Insurance Map
In the middle 1950’s, the property was divided along the north-south axis to create a secondary
residential lot addressed to West Dickerson Street. Records on file at the City of Bozeman indicate
connection to Water 4 and Sewer 5
utilities in June of 1960, with the property owner listed as Earl Barton.
Given these connections, it is likely the residence at 310 West Dickerson was constructed at this time.
Division of the lot and construction of 310 West Dickerson left 603 South Third Avenue without access
to the “alley” on South 4th Avenue. The residence of 603 South 3rd Avenue lacks a garage. This
application proposes removal of the 1904-1912 porch addition in order to construct an attached single
car garage with storage space above.
From a historic preservation standpoint, removal of the 1904-12 porch is not an issue, as this is a
secondary porch not of the original construction time period located on a non-primary façade. Further,
the project proposes to return the north-facing porch to its original construction.
Given its location on the corner of South Third Avenue and West Dickerson Streets, the residence at 603
South Third Avenue is located on a lot presenting a “second or subsequent front yard or corner side
yard,” as defined by Bozeman Municipal Code Section 38.42.2780:
A yard on a corner lot the area of which is bounded by a line extending from the front of
the principal building (the front building line) to a point intersecting the side street right-
of-way line (side lot line), then along the side lot line to a point intersecting the rear lot
2 (Sanborn Fire Insurance Company 1912)
3 (Sanborn Fire Insurance Company 1943) 4 (City of Bozeman 1960) 5 (City of Bozeman 1960)
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line, then along the rear lot line to a point intersecting the line formed by extending the
wall of the nearest principal building paralleling the side lot line.
Bozeman Municipal Code Section 38.08.050 “Yards” A requires a minimum 15 foot front yard
setback for properties in this R-1 zoning designation, which in this case would apply to both the
South Third and West Dickerson corners of the property. This situation is illustrated as follows
in Figure 38.42.2650 “Required Yard:”
Bozeman Municipal Code Section 38.08.050 “Yards” A further delineates a minimum 5 foot side yard
setback and a minimum 20 foot rear yard setback. Bozeman Municipal Code, however, does not
prescribe where these minimum yards shall be located in relationship to the lot or configuration of the
residence upon that lot. Planning Staff has been of the opinion that when presented with a corner-side
yard lot, the property owner may choose to locate the rear yard area along either interior lot line, and
delegate the other interior lot line as a side yard, as long as at least one rear yard area is provided.
This is illustrated in Figure 38.21.060 C Special Yard Setbacks, which clearly illustrates a corner-side
residence with the rear yard setback located adjacent to the front yard, while the side yard setback is
behind the front door of the house:
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Page 4
One Municipal Code Section does give guidance for the location of rear yards. BMC Section 38.08.050
C notes that “When a lot has one or more principal buildings which are oriented to place the functional
rear of a building adjacent to a side lot line a setback from the property line equal to that for a rear yard
shall be provided.”
The key phrase in this sentence is “functional rear of a building,” which Bozeman Municipal Code does
not define. This code section arose following the design and construction of a multi-building apartment
complex which stacked multi-tenant buildings along the side property line. The front yard setback was
satisfied, however due to the design of the residential units; tenants would walk out their “back” door
and have a minimum 5 foot side yard setback in which to do functional “back yard things” like
barbeque, store recreational equipment, recreate, etc. This code provision was enacted to ensure that
when the functional rear of a building was designed against a side yard setback, the residents would be
provided sufficient back yard space with a minimum 20 foot setback.
In the case of 603 South Third Avenue, the sale of the western half of the lots in the mid 20th century
caused the residents to begin using the yard along the southern property line as a rear yard. An exterior
door and deck was added to the southern façade of the residence sometime in the late 1990’s, further
reinforcing use of the southern half of the property as the rear yard space. The area to the west of the
residence has been largely unused.
119
Page 5
Given the built environment of the residence at 603 South Third Avenue, Staff finds the southern façade
of the residence as the “functional rear,” and that the adjacent southern yard provides sufficient area for
a rear yard setback. With this in mind, portion of the lot to the west of the residence is a side yard and
any new construction in this area is subject to a minimum 5 foot side yard setback.
The proposed project satisfies the minimum regulations for yards as defined by Bozeman Municipal
Code. The proposed project also satisfies the requirements of a Certificate of Appropriateness, as the
addition is on a non-primary façade, subordinate to the historic residence, and generally in keeping with
the historic architectural style. The project further fits the neighborhood character, as the proposed
garage will share a property line with an existing garage attached to the residence to the west.
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Elissa Brown
603 South 3rd Avenue
Bozeman, MT 59715
City of Bozeman
Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
ADDRESS SERVICE REQUESTED
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planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
June 25, 2012
Elissa Brown
603 South 3rd Avenue
Bozeman, MT 59715
RE: Certificate of Appropriateness application to enable the following alterations at 603 South Third
Avenue, a property located within the Bon Ton Historic District, on the National Register of Historic
Places: 1) construction a garage addition to the west façade of the residence; 2) modifications to
the north-facing porch; and 3) related site improvements (#Z-12108 COA/ADR).
Dear Ms. Brown:
The Bozeman Department of Planning & Community Development is pleased to award conditional
approval of your Certificate of Appropriateness (COA) application with no deviations for the project
referenced above. Please read the following paragraphs carefully, so that you fully understand what is
required of you and what procedures follow COA approval. Administrative Design Review (ADR) Staff
reviewed your application materials to ensure the proposal maintains the underlying and desirable
characteristics of structures and areas within the Conservation Overlay District. Following design review,
ADR Staff forwarded any recommended conditions of approval to the Planning Director who is responsible
for the final decision.
Given the historic appropriateness of the proposal and its compatibility with the Conservation Overlay
District, the project is approved with the following conditions:
Conditions of Approval
1. Care shall be taken to protect the sewer line of the adjacent residence at 310 West Dickerson
Street, which crosses the north and west corner of this property, during the construction period.
Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman
Municipal Code that are applicable to this project, including but not limited to, the following:
Code Provisions
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.
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Encl: COA & Notice
CC: Building Inspection Division
For office use only
DATE OF FINAL DECISION ______________________
DIRECTOR’S SIGNATURE _____________________________________
Page 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.
Per Section 38.21.050. F, all Rooftop mechanical equipment should be screened. Screening
should be incorporated into the roof form when possible. Ground mounted mechanical equipment
shall be screened from public rights-of-way with walls, fencing or evergreen plant materials.
Mechanical equipment shall not encroach into required yard setbacks.
Per Section 38.23.150 F “Lighting Specifications for All Lighting, 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).
The COA notice (pink copy) is enclosed with this letter. Recognize that COA approval is valid for one
calendar year. Additionally, understand that the pink notice must be displayed in a conspicuous location
on the site while the project work is underway and after you obtain the needed building permit(s) from the
Building Department.
You have the right to appeal this decision of the Planning Director pursuant to the provisions of Article
38.35 of the Bozeman Municipal Code.
Please note that this decision is also subject to appeal by other aggrieved parties as defined by Sec.
38.42.080 of the Bozeman Municipal Code. Such appeals must be filed pursuant to the provisions of Sec.
38.35.030 of the Bozeman Municipal Code. An appeal must be filed within 10 business days following the
date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision
on the appeal is made by the City Commission, and the Planning Department and Building Division will not
able to approve any building permits or to perform any inspections related to this COA.
If you have any more questions, or if the Department of Planning can be of further assistance, please do
not hesitate to contact me at 406-582-2260. Thank you for your participation in the design review process
and good luck with your project.
Sincerely,
Courtney Kramer,
Assistant Planner
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