HomeMy WebLinkAboutHuman Resource Development Council Lodging House, Conditional Use Permit with Variances
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
SUBJECT: Human Resource Development Council (HRDC) Lodging House, CUP with
Request for Variances to Section 38.24.060, Street Improvements and 38.24.080,
Sidewalks
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Action Item
RECOMMENDATION: That the City Commission grant both variance requests and approve the
HRDC Conditional Use Permit application #Z-12188 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:
• Grant a variance to Section 38.24.060 to waive requirements for street improvements;
• Grant a variance to Section 38.24.080 to waive requirements for sidewalk construction on
all public street frontages; and,
• Approve Conditional Use Permit application #Z-12188 to allow a lodging house at 1021 N.
5th Avenue,
Hereby incorporating by reference the conditions of approval and findings included in the staff
report.”
BACKGROUND: The proposal includes a request to construct a 700 square foot addition and
related site improvements and to convert the existing residential facility into a lodging house to
serve an HRDC program created to assist individuals experiencing, or about to experience,
homelessness. Residents of the lodging house will be permitted to stay up to 90 days. During this
time the residents are expected to work and submit payment for their lodging. At the end of their
residence, the money paid towards their lodging is then used to secure housing of their own in the
form of first month’s rent and security deposit. The space within the existing structure will be
comprised of a living room, 2 bedrooms and a kitchen to house clients. The addition will provide
two additional bedrooms and sleeping quarters for the facility’s caretaker.
As lodging houses are a conditional use in the B-2 zoning district, a conditional use permit (CUP)
has been requested. The property is in substandard condition. Specifically, the site lacks sidewalk
on N. 5th Avenue and Hemlock streets. N. 5th Avenue is also deficient in curb and gutter. Variances
to these City sidewalk and street standards have also been requested.
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This review is being conducted for the CUP and variances to mitigate the impacts that might arise
from the Lodging house use in the B-2 zoning District.
The full application and file of record can be viewed at the Planning Department at 20 E. Olive Street. A
copy of the application is filed in the Commission Room at 121 N. Rouse Avenue.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1. Grant the Variances and Approval of the CUP with amended conditions as determined by the
City Commission.
2. Deny one or both of the variance requests and approve the CUP with the conditions as
recommended by staff, or with conditions as determined by the City Commission.
3. Denial of the variance requests and the CUP application.
4. As determined by the Commission.
FISCAL EFFECTS: None
Attachments: Staff Report
Applicant’s Materials
Report compiled on: August 29, 2012
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City Commission Staff Report for
HRDC Lodging house in
B-2 Zoning District – CUP with Variances
File #Z-12188
Item: A Conditional Use Permit application, including variance requests, to allow a lodging
house located at 1021 N 5th Ave, zoned B-2, Community Business District
Owner: Human Resource Development Council (HRDC), 32 S. Tracy Avenue, Bozeman, MT
Applicant/Representative: Martin Johnson
Date: City Commission Meeting, September 10, 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
The project is located at 1021 N. 5th Avenue and legally described as Lot 11, Block 4 of the
North 7th Addition, TS2, R5E, Sec 1, Plat E21, City of Bozeman, Gallatin County, Montana
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Proposal/Background
The proposal includes a request to construct a 700 square foot addition and related site
improvements and to convert the existing residential facility into a lodging house to serve an
HRDC program created to assist individuals experiencing, or about to experience, homelessness.
Residents of the lodging house will be permitted to stay up to 90 days. During this time the
residents are expected to work and submit payment for their lodging. At the end of their
residence, the money paid towards their lodging is then used to secure housing of their own in
the form of first month’s rent and security deposit. The space within the existing structure will be
comprised of a living room, 2 bedrooms and a kitchen to house clients. The addition will provide
two additional bedrooms and sleeping quarters for the facility’s caretaker.
As lodging houses are a conditional use in the B-2 zoning district, a conditional use permit
(CUP) has been requested. The property is in substandard condition. Specifically, the site lacks
sidewalk on N. 5th Avenue and Hemlock streets. N. 5th Avenue is also deficient in curb and
gutter. Variances to these City sidewalk and street standards have also been requested.
This review is being conducted for the CUP and variances to mitigate the impacts that might
arise from the Lodging house use in the B-2 zoning District.
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:
PLANNING
1. Recognizing that the parking demand for this site will be minimal, but variable, a joint
use parking agreement is required to accommodate a minimum of three vehicles. The
provisions for joint use parking are provided in the code provisions below. A draft joint
use parking agreement shall be provided with the Final Site Plan application for review
and approval by the Planning Director. The executed joint use parking agreement shall
be provided prior to issuance of the building permit.
2. A pedestrian connection from N. 5th
3. The ADA van accessible space shall be designed to meet Federal Standards and located
outside the public right-of-way. The ADA van accessible space shall be shown on the
Final Site Plan.
Avenue pavement to the entrance of the building
shall be provided to accommodate pedestrians utilizing the joint use parking facilities
located on the property to the south. An encroachment permit shall be obtained from the
City Engineering Department prior to issuance of the building permit.
4. The lodging house shall not be expanded without being subject to applicable CUP
provisions established in Chapter 38.19, BMC
5. As part of the Final Site Plan application, the applicant shall submit a written narrative
outlining how each of the conditions of approval and code provisions have been satisfied
or met.
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6. If either, or both, of the variances are granted for sidewalk or/and street improvements the
developer shall:
a. Execute a hold harmless and indemnification agreement indemnifying, defending
and holding harmless the City, its employees, agents and assigns from and against
any and all liabilities, loss, claims, causes of action, judgments and damages
resulting from or arising out of the issuance of a re-use or conditional use permit
at this site and the condition or absence of the sidewalks and/or curbs. This hold
harmless and indemnification shall be in a form acceptable to the City Attorney.
b. Provide and maintain liability insurance which shall name the City as an
additional insured and such issuance shall not be cancelled without at least forty-
five days prior notice to the City. The developer shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof. The
developer recognizes, acknowledges and assumes the increased risk because
sidewalks and/or curbs do not exist at the site or are not to City standards.
Conditions and Code Provisions from other DRC members:
BUILDING
1. The maximum occupant load for the lodging house shall be limited to 16 persons,
including any caretaker, volunteers or employees at the facility.
2. The room at the north end of the building shall be divided into 2 separate bedrooms to
ensure the maximum occupant load allowed by the IBC, as amended by administrative
rules of the State of Montana, is not exceeded.
WATER AND SEWER
3. 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
installed that the device is appropriate for the level of use for the facility. If the service
has been found without backflow protection the applicant will have a preventer and
expansion tank installed. If the existing device does not provide adequate protection, the
applicant will be required to replace the preventer with a preventer that is designed to
provide adequate protection. Please call the Water Department’s Backflow specialist at
582-3200 to arrange an inspection of the water service.
4. Trees shall not be planted within 10 feet of any water/sewer service lines
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
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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 and 38.71.090 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
with any conditions of approval or corrections to comply with code provisions.
D. 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 site 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
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equipment shall be incorporated into the roof form or screened in an approved rooftop
enclosure.”
E. 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).
F. Section 38.25.050.C – Joint use of parking facilities; Conditions required for joint use.
1. The building or use for which application is being made to utilize the off-street
parking facilities provided by another building or use shall be located within 1,000 feet of
such parking facilities as measured by the route of travel from the nearest parking space
to the commonly used entrance of the principal use served;
2. The applicant shall show that there is no substantial conflict in the operating hours
of the two buildings or uses for which joint use of off-street parking facilities is proposed;
and
3. A properly drawn legal instrument, executed by the parties concerned for joint use
of off-street parking facilities, duly approved as to form and manner of execution by the
city attorney, shall be filed with the city clerk and recorded with the county clerk and
recorder.
G. Sec. 38.25.060.A. - Off-site parking, states that any off-site parking which is used to
meet the requirements of this chapter shall be reviewed by the planning director for
compliance with this chapter and shall be subject to the following conditions:
1. Off-site parking shall be developed and maintained in compliance with all
requirements and standards of this chapter;
2. Reasonable continuous pedestrian and vehicle access from off-site parking
facilities to the use being served shall be provided;
3. Any use which depends upon off-site parking to meet the requirements of this
chapter shall maintain ownership or provide evidence of a long-term lease agreement,
revocable with city commission approval, running with the term of the designated use,
for parking utilization of the off-site location.
H. 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.
I. Section 38.28.060 outlines the amount of permitted signage for the property. [If signage
is desired] A Sign Permit shall be reviewed and approved by the Planning Office prior to
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the construction and installation of any on-site signage. All final building elevations and
site plans shall show the signage allowed in compliance with this section.
J. 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.
K. 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.
L. Section 38.39.030.A, requires that the applicant shall provide certification by the
architect, landscape architect, engineer or other applicable professional that all
improvements, including but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, or other required elements were installed in
accordance with the approved site plan, plans and specifications.
M. Section 38.39, requires that if final plat approval, occupancy of buildings or other
utilization of an approved development is to occur prior to the installation of all required
on-site improvements, an Improvements Agreement must be secured by a method of
security equal to one and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed. Said method of security shall be valid for a
period of not less than twelve (12) months; however, the applicant shall complete all on-
site improvements within nine (9) months of occupancy to avoid default on the method of
security.
Conclusion/Recommendation
The DRC and Staff have reviewed the HRDC lodging house 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 B-2, Community Business District. The intent of B-2 District is to provide
for a broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Commercial Large Scale Retail, zoned B-2
South: Commercial Retail, zoned B-2
East: Vacant Land, zoned R-4
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West: Commercial Office, zoned B-2
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the Bozeman Community Plan designates the subject
property as Community Commercial Mixed Use. Activities within this land use category are the
basic employment and services necessary for a vibrant community. Establishments located
within these categories draw from the community as a whole for their employee and customer
base and are sized accordingly. A broad range of functions including retail, education,
professional and personal services, offices, residences, and general service activities typify this
designation.
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 8,400 square feet in area. Total square footage of the proposed building is 1,758
square feet. Landscaping and open space comprises approximately 80% of the lot. Adequate
setbacks are provided, and a fenced rear yard provides a nice outdoor space for residents. The
parking requirements are met by a reduction allowed for affordable housing and also by a
joint use parking agreement with the property owner to the south. The existing paved
driveway is being utilized for the van accessible ADA space. Landscaping will be typical for
a single family home and additional trees are being proposed. The property has no boulevard
or sidewalk along its frontages. As such, N. 5th Avenue has been designated as a “No
Parking” zone so that people may have a paved surface for walking adjacent to the driving
lanes.
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
UDC 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
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arising from the establishment of a lodging house 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
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 development proposal is in conformance with the Bozeman Community Plan including
the “Community Commercial Mixed Use” land use designation. The new use designation
and building addition will provide additional affordable housing for individuals with low
income. The Community Plan’s Housing objectives include: 1) encourage and support the
creation of a broad range of housing types in proximity to services and transportation
options and 2) promote the provision of a wide variety of housing types in a range of costs to
meet the diverse residential needs of Bozeman residents.
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 proposes to reuse a site originally constructed for use as a single family home.
Converting it to a lodging house largely maintains the existing conditions on the site. Off-site
parking is being provided to the south and staff is requiring a sidewalk be installed from N.
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5th Avenue to the front door to accommodate pedestrians coming from the shared off-site
parking area.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Staff finds the parking for the lodging house is adequately addressed with the applicant’s
proposal. The HRDC estimates that only 20% of their clients will actually have vehicles.
With an occupancy limit of 16 including the caretaker, the site will typically only need 4
parking spaces. This aligns with the affordable housing reduction allowed under Section
38.25.030. An ADA van accessible space is being provided. The joint use parking
arrangement with the adjacent property owner provides 4 spaces. As a condition of approval,
3 spaces must be provided by the joint use parking agreement. One space is provided on site.
N 5th Avenue was designated as a “no parking” zone to provide a paved surface for
pedestrians and to prevent deterioration of the pavement edge. As such there is no on-street
parking adjacent to the property.
Vehicular use associated with this site is minimal and is not anticipated to cause any traffic or
parking problems.
6. Pedestrian and vehicular ingress and egress
Pedestrian ingress/egress will be improved with a sidewalk connection from N. 5th Avenue to
the front door. The “no parking” zone on N. 5th Avenue will serve as a path for pedestrians
coming from the off-site parking area to the south.
Vehicular ingress egress is unchanged with this application. The applicant will utilize the
existing driveway for parking, including the ADA van accessible space.
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 Unified Development Code (UDC) 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. The
landscaping plan meets the minimum required points for a site developed within the B-2
zoning district.
• Open space: there is no open space requirement with this application, beyond the required
B-2 setbacks. The required setbacks have been met and a fenced rear yard area is
provided for use of the residents.
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
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The finished building height is 16 feet. The addition is to the rear of the existing structure.
10. Setbacks
These standards are met by the existing condition and are unchanged with the applicant’s
proposal. The ADA parking space is being provided in an existing driveway for which the
City Engineer has granted an exemption as allowed per 38.24.090.H.4. The existing
driveway abuts the adjoining property. Historically, the access location has not created any
issues for the adjoining property owner. The project has been condition to require the ADA
space location be adjusted to prevent encroachment into the Helmock Street right-of-way.
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 to the existing residential building.
13. Site surface drainage
The site surface drainage for the building addition and additional concrete surfacing has been
determined to be adequate.
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. Code Provision 38.28.060 applies.
17. Screening
None required.
18. Overlay district provisions
Not applicable.
19. Other related matters, including relevant comment from affected parties
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,
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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 Chapter 10, Article 8, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
VARIANCE REQUEST:
The property owner is requesting variances from the following code sections: Section 38.24.060
Street Improvement Standards, and Section 38.24.080, Sidewalks. There is no curb and gutter on
N. 5th Avenue along the subject’s property. There are no sidewalks on Hemlock Street or N. 5th
Avenue along the subject property. These variance requests are for improvements typically
associated with subdivision review and are within the public right-of-way. The Engineering
Department oversees such improvements and recognizes that the existing condition does not
meet current standards, however; the scope and impacts of this project are small and are not
roughly proportional to requirement to install curb, gutter and sidewalk.
Because the improvements are located in the public right-of-way the review criteria for
subdivision variances are used.
Section 38.35.070.B Subdivision Variances: Criteria for Consideration and Decision
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
The existing condition of the public right-of-way has been sufficient to date.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
The elevation of the site sits lower than N. 5th Avenue making installation of the sidewalk
difficult.
The entire block length is deficient of sidewalk on both Hemlock and N. 5th Avenue. N. 5th
Avenue has no curb or gutter the entire block length. To install either would require a
substantial street improvement project beyond what the City would normally require for, or is
roughly proportional to, a project of this scope. Because this site is so far from any other
sidewalk section, installation of sidewalk at this location would be inconsequential to solving
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pedestrian circulation issues in this area.
3. The variance will not cause a substantial increase in public costs; and
The City does not currently have N. 5th and Hemlock Street on their capital improvements
plan. If the deficiencies in the street improvements are addressed, it will likely be part of a
larger more comprehensive maintenance or special improvement district project which
encompasses the entire block.
The City is requiring the property owner enter into a hold harmless agreement with the City.
The property owner is required to indemnify the City against any complaints that arise from
the lack of curb, gutter and sidewalk at this location.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
The subdivision was platted in 1948. It is in conformance as originally approved.
Summary: Based on a finding that the variance request meets all applicable criteria, Staff
recommends approval of the variance requests.
Attachments: Application and public comment
Report Sent to: Martin Johnson, HRDC, 32 S. Tracy Avenue, Bozeman, MT 59715
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