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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Planner I
Tim McHarg, Planning Director
SUBJECT: Bolton Demolition and New Residential Construction with an ADU CUP/COA/DEV (#Z-12173) MEETING DATE: August 27, 2012
AGENDA ITEM TYPE: Action-Quasi Judicial
RECOMMENDATION: That the City Commission approves the Bolton Demolition and New Residential Construction with Accessory Dwelling Unit Conditional Use Permit and Certificate of Appropriateness with Deviation #Z-12173 with 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-12173 and move to approve the site plan with conditions and subject to all applicable code provisions”
BACKGROUND: The applicant has submitted a Conditional Use Permit and Certificate of
Appropriateness with Deviations application requesting the demolition of the existing structure
at 1301 South Willson Avenue in order to construct a new residential dwelling with basement Accessory Dwelling Unit.
The existing residential structure is located at 1301 South Willson Avenue and legally described
as Lots 1 & 2, Block 18, Butte Addition to the City of Bozeman, Gallatin County, Montana. The
zoning designation for the property is R-1 (Residential Single Household, Low Density). The property is within the City of Bozeman’s Neighborhood Conservation Overlay Zoning designation.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Approve application with the Staff conditions; 2. Approve the application with modifications to the Staff conditions; 3. Deny the application based on a finding of non-compliance with applicable
criteria; or
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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: August 12, 2012
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City Commission Staff Report for Bolton
Demolition and New Residential
Construction with an ADU- CUP/COA/DEV
File #Z-12173
Item: A Conditional Use Permit and Certificate of Appropriateness application including a deviation
request to allow the demolition of the existing residence and construction of a new residence with a
basement Accessory Dwelling Unit on the property at 1301 South Willson Avenue, zoned R-1, Residential Single Household, Low Density District. The property is located within the Neighborhood
Conservation Overlay District.
Owner: Lois Bolton, 1305 South Willson Avenue, Bozeman, MT 59715
Applicant/Representative: Graham Goff, OYM-Design, Inc., PO Box 991, Bozeman, MT 59771
Date: City Commission meeting, August 27, 2012, 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Courtney Kramer, Planner I
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location The existing residential structure is located at 1301 South Willson Avenue and legally described as Lots
1 & 2, Block 18, Butte Addition to the City of Bozeman, Gallatin County, Montana. The zoning
designation for the property is R-1 (Residential Single Household, Low Density).
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Proposal/Background
The application proposes demolition of the existing residential structure at 1301 South Willson Avenue and construction of a new single household residence with a basement Accessory Dwelling Unit (ADU).
Prior to this application, the Montana Historical Architectural Inventory was updated, and the existing
residence was found to have insufficient historic significance for Individual Listing on the National
Register of Historic Places and to be non-contributing to a potential historic district in the vicinity. As ADUs are a conditional use in the R-1 zoning district, a conditional use permit (CUP) is being
requested. The application also requests a deviation from Bozeman Municipal Code (BMC) Section
38.08.050 “Yards” 1 a, to allow the porch, porch stairs, porch roof eves and a second floor dormer and
associated dormer roof to encroach into the 25 foot setback required along South Willson Avenue, an arterial street as designated in the city growth policy. A second deviation is requested from BMC 38.08.050 “Yards” 1 c, to allow the residence, egress window well and associated roof eves to encroach
into the 15 foot corner-side front yard setback required along Hayes Street, a local street as designated in
the city growth policy.
This review is being conducted for the CUP and deviation requests and modifications related to the site and single family dwelling as recommended to mitigate the concerns that typically arise with an ADU
use in a R-1 zoning District.
Recommended Conditions of Approval Based on the subsequent analysis, the Development Review Committee (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. Either the ADU or principal residential unit shall be occupied by the owner of the property.
This condition shall run with the property and be binding upon all heirs and successors in interest
to the property.
2. The ADU entrance shall be moved to the rear (west) or side (south) façade of the to-be-built residential structure as part of the Final Site Plan application. 3. The Final Site Plan application shall include a Landscape Plan.
4. The basement egress window wells shall be shielded by low-profile landscaping and/or
groundcover. However, no obstruction to the window well opening shall occur.
5. The top of the basement egress window wells shall be set even with the existing ground surface. 6. The Final Site Plan application shall include information regarding exterior light fixtures,
including, but not limited to, cut sheets and illumination specifications, sufficient to determine
compliance with applicable code provisions.
7. Prior to issuance of a building permit, the applicant shall consolidate the two underlying lots that
comprise the subject property through a subdivision exemption process.
ENGINEERING
8. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided.
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9. Any damaged sidewalk panels fronting the property shall be replaced.
10. Curb cut permit required from the Engineering Department for any modifications/replacement of
curb for driveway relocation/widening.
BUILDING/FIRE
11. Appropriate fire separation between the principal dwelling and the ADU is required. Contact the Building Division at 582-2375 for current requirements. Compliance with the requirement will be evaluated during building permit review.
WATER AND SEWER 12. Backflow prevention device required. Contact Water & Sewer Department at 582-3200.
Code Provisions:
A. Per BMC Section 38.19.110 states provisions for the Termination/ Revocation of the 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 BMC Section 38.19.130. 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 BMC Section 38.34.160.
B. 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.
C. Per BMC Section 38.19.120 The applicant shall 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.
D. Per BMC Section 38.22.030 A An owner or the owners of real property may establish and maintain an accessory dwelling unit; either within a detached single-household dwelling or above a detached garage which is accessory to the detached single-household dwelling, in the R-
S or R-1 districts if all of the following conditions are met and continue to be met during the life
of the accessory dwelling unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the
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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 BMC Sec. 38.22.030 A [See CUP Condition #1].
E. BMC Section 38.22.030 A.3 states the occupancy of the accessory dwelling unit does not exceed two persons.
F. BMC Section 38.23.150 “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).
G. Section 38.19.160 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.
H. BMC 38.26.030 describes the Landscaping requirements for all developments within the City of
Bozeman.
I. 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.”
Conclusion/Recommendation
The DRC and Staff have reviewed the Bolton CUP/ COA/ DEV proposal and recommend City
Commission 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, 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-1, Residential Single Family Low Density District. The intent of R-1 District 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 current land use is single
family residential. The following land uses and zoning are adjacent to the subject property:
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North: Residential Single family, zoned R-1
South: Residential Single family, zoned R-1
East: Duplex/ Triplex Residential, zoned R-1
West: Residential Single family, zoned R-1
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) 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 38.10.100 “Plan Review Criteria”
In considering applications for site plan approval under this title, the Planning Director, City
Commission, BOA, DRC, and when appropriate, the Administrative Design Review Staff, the Design
Review Board or Wetlands Review Board 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 an Accessory Dwelling Unit to be permitted through a Conditional Use Permit
(CUP). Staff’s analysis and findings regarding the appropriateness of granting the CUP is located below in the CUP section of this report.
With CUP approval, 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
The existing residential structure includes a legal non-conforming basement residential dwelling unit. The demolition and new construction proposed with this application and with the requested deviations
will conform to this title.
Accessory Dwelling Units (ADUs) that are accessory to the principal residence are permitted in the R-1 zone district through the Conditional Use Permit (CUP) process. Please see further discussion about the ADU criteria under Criteria for a Conditional Use Permit.
Staff finds the application in conformance with this criterion.
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. Staff is unaware of other outstanding violations.
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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.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The application proposes construction of a three bedroom residential dwelling unit, with two parking spaces provided in two spaces in the proposed garage and one on-street. The application also proposes a
single-bedroom ADU in the basement of the proposed residential dwelling unit, with adequately
dimensioned parking located on the west side of the proposed accessory garage off of the alley.
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 residential nature of the
application. Vehicular ingress and egress is limited to the garage driveway off of West Hayes Street and
the alleyway, which is appropriate in the context of the neighborhood.
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 #3 and #4.
8. Open space
The proposed Residence and ADU 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.
10. Setbacks
The application does not satisfy the setbacks required by Bozeman Municipal Code. Please see Staff’s analysis of setbacks under deviation criteria.
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 condition #5. 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 utilities proposed with this application are adequate for the proposed uses and development.
13. Site surface drainage
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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
Significant modifications to the existing site grading are not proposed with this application.
16. Signage
No signage is proposed with this application.
17. Screening
The proposed residential use is not required by BMC to provide 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.
19. Other related matters, including relevant comment from affected parties.
The Department of Planning and Community Development received no comment from the public or
affected parties at the time of this 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.
Per condition number 7, the applicant is required to consolidate the two underlying lots that comprise
the subject property. The lot consolidation will be processed administratively through a subdivision
exemption application prior to issuance of a building permit. With this condition, this criterion has been addressed.
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:
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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 site for the proposed use is 6,750 square feet. With approval of the requested deviations, 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 (BMC) Section 38.08.050 “Yards” 1 a, to allow the porch, porch stairs, porch roof eves and a second floor dormer and associated dormer
roof to encroach into the 25 foot setback required along South Willson Avenue, an arterial street as
designated in the city growth policy. A second deviation is requested from BMC 38.08.050 “Yards” 1 c,
to allow the residence, egress window well and associated roof eves to encroach into the 15 foot corner-side front yard setback required along Hayes Street, a local street as designated in the city growth policy.
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. 38.22.030 A outlines the specific criteria by which the adverse effect of an Accessory Dwelling
Unit established in an R-S or R-1 zoning district should be evaluated:
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;
With recommended condition of approval #1, Staff finds this criterion satisfied.
2. In addition to the parking required for the principal residence, one paved off-street
parking space is provided for the exclusive use of the accessory dwelling unit. The
parking provided shall be located on the lot and may not utilize the on-street parking
provisions of article 25 of this chapter;
The application proposes construction of a paved, off-street parking space for use by the
ADU tenant. Staff finds this criterion satisfied.
3. The occupancy of the accessory dwelling unit does not exceed two persons;
The application proposes a single-bedroom ADU, and the property owner is aware of this
code provision. Staff finds this criterion satisfied.
4. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages only in subdivisions
receiving preliminary plat approval after January 1, 1997;
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The ADU is proposed in the basement of a new residential dwelling unit. Staff finds this
criterion satisfied.
5. No permit for an accessory dwelling unit shall be granted unless the lot has been
configured to accept an accessory dwelling unit with adequate lot area, utility services,
and compliance with setbacks and height standards;
With the requested deviation for yard setbacks, Staff finds this criterion satisfied.
6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more
than a single bedroom. The method of calculating the maximum ADU square footage
will be "living area" defined as "all floor area exclusive of areas with a sloped ceiling
less than three feet in height, stairwells, and exterior decks." Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation.;
The ADU proposed is 800 square feet and includes a single bedroom. Staff finds this
criterion satisfied.
7. Second story additions on detached garages shall be approved only if found compatible
and consistent with the character and fabric of the neighborhood;
Not applicable.
8. Only one accessory dwelling unit may be created per lot; and
The basement ADU is the only ADU proposed on the lot. Staff finds this criterion satisfied.
9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory
dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the
following criteria:
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;
The property on which the ADU will be constructed provides 6,750 square feet of lot
area. Staff finds this criterion satisfied.
b. The accessory dwelling unit does not exceed one-third of the total area of the
principal structure;
The total square footage of the principal structure is 3,330 square feet, of which 800 square feet, or 24% will be used by the ADU. Staff finds this criterion satisfied.
c. The accessory dwelling unit is created only through internal conversion of the
principal structure or constructed above a garage. Minor exterior changes may be
made on the building, if the square footage added constitutes no more than ten
percent of the principal structure's existing living area (exclusive of the garage); and
The accessory dwelling unit will be created as an integral part of new construction. Staff
finds this criterion satisfied.
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d. If the entrance for the accessory dwelling unit is separate from the entrance of the
principal structure, the entrance shall only be located in the rear or side yards.
The application proposes to locate the ADU entrance along the northern façade of the to-
be-built structure. As the property is on a corner, the northern yard along West Hayes Street is actually a “corner-side yard,” or additional front yard. As the application does
not include a variance request for this design choice, staff has recommended relocation of
the ADU entrance to the rear (west) or side (southern) façade with Final Site Plan
application as Condition of Approval #2.
10. All accessory dwelling units are subject to CUP provisions established in article 19 of
this chapter.
This application includes a CUP request.
11. No deviations shall be granted to lot area requirements or parking requirements to
allow the establishment of an accessory dwelling unit. In no case shall more than a total
of two deviations be granted to allow the establishment of an accessory dwelling unit.
Deviations requested in association with this application are primarily related to the large
front-yard setback required along South Willson Avenue, an arterial, and the nature of the 15
foot corner-side front yard along West Hayes Street. No part of necessary ADU components
require a deviation from a standard dimension, as they are all allowable encroachments.
Deviations requested are primarily related to the proposed design of the porch and northern façade of the principal residence.
Staff finds this criterion satisfied.
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 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 finds no additional conditions necessary to protect the public health, safety and general welfare.
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.
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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 BMC Section 38.19.130.
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
BMC Section 38.34.160.
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).
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.
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 new construction proposed with this application includes a one-and-one-half residence of 23’8” in
height. The surrounding neighborhood is characterized by one or one-and-one-half story residential structures. Staff finds the proposed height appropriate within the established neighborhood character.
2. Proportions of doors and windows;
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The design proposed includes doors and windows appropriate for a residence of Neo-Craftsman design.
Doors flanked by sidelights, and hung or double-hung windows arranged singly or in pairs are consistent
with patterns established in the existing neighborhood.
3. Relationship of building masses and spaces;
The new construction proposed will significantly increase the amount of finished residential space on the property. Through low-pitched roofs and one and one-half story construction, the proposed design
strives to minimize the perceived massing of the new construction. Spaces are laid out in a manner
consistent with those established in the neighborhood; primary entrance along South Willson Avenue
with the vehicular entrance off of West Hayes Street near the alley.
Staff finds the relationship of proposed building massing and spaces appropriate within the context of
the neighborhood.
4. Roof shape;
The new residence proposed with this application includes a low-pitched roof. The primary axis of the gable roof runs parallel with the street, with a small shed dormer centered above the primary doorway. A
second gable roof form to the rear is subordinate and runs perpendicular to the street. The roof shapes
proposed with this application are appropriate within the context of the neighborhood.
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 new structure appropriately addresses South Willson Avenue, as indicated by the wide front porch.
7. Architectural details;
The application proposes a structure of minimal Neo-Craftsman architectural detailing. This is an
appropriate choice within the context of the neighborhood.
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
Exterior mechanical equipment is not proposed with the application. Mechanical equipment such as air
conditioners or solar panels is subject to Bozeman Municipal Code requirements. 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)
Staff finds the exterior materials and color schemes proposed consistent with both the Neo-Craftsman
architectural style and 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.
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As already discussed, the development requested with this application proposes demolition of the
existing residential structure on the property. The Montana Architectural and Historical Inventory was
updated prior to completion of this application, and the property was found to lack sufficient historic
significance for Individual Listing on the National Register of Historic Places. Additionally, the existing residence is outside of the period of significance for the potential historic district in the vicinity. Staff
finds that this application does not destroy significant historical, cultural or architectural structures and
finds the new design compatible with the foregoing elements 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 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
adjacent properties; The application also requests deviations from Bozeman Municipal Code (BMC) Section 38.08.050
“Yards” 1 a, to allow the porch, porch stairs, porch roof eves and a second floor dormer and associated
dormer roof to encroach into the 25 foot setback required along South Willson Avenue, an arterial street as designated in the city growth policy.
The historic streetscape pattern along South Willson Avenue includes setbacks varying between 15 and
25 feet from the street, depending on which block on South Willson Avenue. Strict conformance to
BMC Section 38.08.050 would require either the full- width porch and residence to be constructed with an unusually large setback, or modification of the porch to be only one-third the width of the structure.
Staff finds the proposed full-width porch to be more historically appropriate within the context of the
neighborhood, and an appropriate use of the deviation process.
A fifth deviation is requested from BMC 38.08.050 “Yards” 1 c, to allow the residence, egress window well and associated roof eves to encroach into the 15 foot corner-side front yard setback required along
Hayes Street, a local street as designated in the city growth policy.
Given the narrow width of the lot, the application proposes a deviation request on the northern façade
along West Hayes Street in an effort to break up the long plane of the building’s northern façade. The proposed bump out, associated eves and egress window wells provide visual relief from one long side-
wall, and are an appropriate use of the deviation process.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof;
All of the requested deviations give relief to setback requirements along South Willson or West Hayes
Street, along the public right of way. Due to the substantial yard setbacks which will remain, Staff finds
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this criteria satisfied.
C. Modifications shall assure the protection of the public health, safety and general welfare.
This application, through the Site Plan 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: Application
Report Sent to: Graham Goff, OYM-Design, Inc., PO Box 991, Bozeman, MT 59771, Lois Bolton,
1305 South Willson Avenue, Bozeman, MT 59715
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OYM-Design inc.
201 South Wallace Ste. B3B
Bozeman, Mt 59715
City of Bozeman Planning Dept.
Attn: Courtney Kramer
20 East Olive Street
Bozeman, MT 59715
RE: Bolton Demo/ New Single Household Residence/ Conditional Use Permit for Accessory
Dwelling Unit Preliminary Site Plan # Z-12173Dear Courtney:
Below is a response to Bozeman Municipal Code Sec. 38.16.070. - Deviations from underlying zoning requirements.
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;
2. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; and
3. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure
such protection, and such conditions may include a time period within which alterations will be completed; landscaping and
maintenance thereof; architectural, site plan and landscape design modifications; or any other conditions in conformity with the intent
and purpose set forth in this article.
1. Upon determination that the current home has no historical significance, and has reached its lifecycle, the home
owners and their representatives have decided to construct a new home on the property. In doing so the preliminary
design has taken into account the style of the existing home as well as the surrounding neighborhood. Many smaller
cottage/bungalow style homes within Bozeman exhibit a variety of detailing, mass, and scale. One of the common
traits these homes share is their varied elevations. Usually a reflection of the varied uses within, it also allows for a
greater variety of detailing creating a more unique residence. Through increasing the floor area we were able to
increase day lighting, ventilation and the general livability of the kitchen, dining, and living spaces of the home. This
requires a deviation for the encroachment of three feet in to the side yard when approved will provide for a reduction of
scale and massing of the home in accordance to historical styling and detailing.
2. The requested deviation will not adversely impact the abutting properties as the deviation takes place in the North
side yard adjacent to the local street. The encroachment also takes place along the western end of the side yard and
comprises only 1/3 of the North Elevation. This minimizes its visibility and will not adversely impact any surrounding
areas or the general development patterns of the neighborhood.
3. There are no instances where this deviation will impact public health safety and welfare.
Regards,
Joshua T. Gobel | assoc. AIA | LEED AP
Partner OYM Design Inc.
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