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HomeMy WebLinkAboutMcCune Application, Part10.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Brekke, Associate Planner Tim McHarg, Planning Director SUBJECT: A Certificate of Appropriateness with Deviations application requesting approval for the following alterations to the property addressed as 212 North Church Avenue: 1) the demolition of the existing structures (house and detached garage), 2) the construction of a new 1 ½ story single-household residence, 3) the construction of a detached garage with an accessory dwelling unit above, and 4) related site improvements. The property is zoned R-2 (Residential Two-Household, Medium Density) and located within the Neighborhood Conservation Overlay District. MEETING DATE: September 24, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Staff is recommending conditional approval of the McCune Demolition and Single-Household Residence/Accessory Dwelling Unit Certificate of Appropriateness with Deviations application because it is found to meet all applicable standards and criteria of Section 38.16.050 and 38.16.070 of the Bozeman Municipal Code as described in the staff report. The recommended conditions and code provisions are listed on pages 3 and 4 of 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-12205 and move to approve the McCune Demolition and Single-Household Residence/Accessory Dwelling Unit Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions. BACKGROUND: The Certificate of Appropriateness application proposes the following alterations to the subject property addressed as 212 North Church Avenue: 1) the demolition of the existing structures (house and detached garage), 2) the construction of a new 1 ½ story single-household residence, 3) the construction of a detached garage with an accessory dwelling unit above, and 4) related site improvements. Two deviations from the Bozeman Municipal Code are required for the proposed project: • The first is requested from Section 38.08.040, “Lot Area and Width” to allow an Accessory Dwelling Unit (ADU) to be allowed on a 56 foot wide lot, which is 4 feet, or 7% less, than the minimum 60 foot wide standard (the existing property is composed of two 28-foot wide lots equaling a total of 56 feet); and 131 • The second is requested from Section 38.21.050.E.2, “Accessory buildings, uses and equipment,” to allow the side wall height of the detached garage’s half-story be 7.8 feet, which is 4.8 feet, or 160% greater, than the maximum 3 foot side wall height standard. The property is large at 10,304 square feet in lot area (approximately, 56 feet in lot width and 186 feet in lot depth). The existing structures on the site have undergone substantial modifications over the past years and are considered non-contributing in historic significance. Public noticing for the project occurred during the weeks of August 27 and September 3, 2012 and included posting on site, listed in the legal section of the Bozeman Daily Chronicle, and the notification of adjoining neighbors within 200 feet of the property. No public comment has been received by the Department of Planning for this project. If public comment is received prior to the City Commission public hearing, Staff will forward it to the Commission for their consideration. Staff is aware of the applicant’s efforts in meeting with their neighbors to explain and describe their project. UNRESOLVED ISSUES: There are no unresolved issues at this time. ALTERNATIVES: The City Commission has the following alternative actions available: 1. Approve the application with modifications to the Staff recommended conditions; 2. Deny the application based on a finding of non-compliance with applicable criteria; or 3. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information. FISCAL EFFECTS: None identified at this time. Report compiled on: September 13, 2012 Attachments: Staff Report Application materials 132 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 1 City Commission Staff Report for McCune Demolition and Single-Household Residence (SHR)/Accessory Dwelling Unit (ADU) COA/DEV - File #Z-12205 Item: A Certificate of Appropriateness (COA) with Deviations (DEV) application requesting approval for the following alterations to the property addressed as 212 North Church Avenue: 1) the demolition of the existing structures (house and detached garage), 2) the construction of a new 1 ½ story single- household residence (SHR), 3) the construction of a detached garage with an Accessory Dwelling Unit (ADU) above, and 4) related site improvements. The property is zoned R-2 (Residential Two- Household, Medium Density) and located within the Neighborhood Conservation Overlay District. Property Owner: Church Dirt, LLC, c/o Matt McCune, 619 North Church Avenue, 702 South Grand Avenue, Bozeman, MT 59715 Representative: Styxworks, LLC, c/o Thor Arnold, 415 East Birch Street, Bozeman, MT 59715 Date: City Commission meeting on September 24, 2012, in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Allyson Brekke, Associate Planner Recommendation: Conditional Approval 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-12205 and move to approve the McCune Demolition and Single-Household Residence/Accessory Dwelling Unit Certificate of Appropriateness with Deviations application with conditions and subject to all applicable code provisions. ______________________________________________________________________________ Project Location The subject property is addressed as 212 North Church Avenue and is legally described as Lots 5 and 6, Block 2, Babcock and Davis Addition, City of Bozeman, Gallatin County, Montana. See the following page for a property and zoning map. 133 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 2 Proposal Property owner Matt McCune of Church Dirt LLC, and representative Thor Arnold of Styxworks, LLC, submitted a Certificate of Appropriateness (COA) with Deviations (DEV) application to the Department of Planning. The application proposes the following alterations to the property addressed as 212 North Church Avenue: 1) the demolition of the existing structures (house and detached garage), 2) the construction of a new 1 ½ story single-household residence (SHR), 3) the construction of a detached garage with an Accessory Dwelling Unit (ADU) above, and 4) related site improvements. Two deviations from the Bozeman Municipal Code are required for the proposed project: • The first is requested from Section 38.08.040, “Lot Area and Width” to allow an Accessory Dwelling Unit (ADU) to be allowed on a 56 foot wide lot, which is 4 feet, or 7% less, than the minimum 60 foot wide standard (the existing property is composed of two 28-foot wide lots equaling a total of 56 feet); and • The second is requested from Section 38.21.050.E.2, “Accessory buildings, uses and equipment,” to allow the side wall height of the detached garage’s half-story be 7.8 feet, which is 4.8 feet, or 160% greater, than the maximum 3 foot side wall height standard. The property is large at 10,304 square feet in lot area (approximately, 56 feet in lot width and 186 feet in lot depth). The existing structures on the site have undergone substantial modifications over the past years and are considered non-contributing in historic significance. Recommended Conditions of Approval and Code Provisions Planning Staff has reviewed the McCune Demolition and Single-Household Residence/Accessory Dwelling Unit proposal and recommends conditional approval of the application. Based on the subsequent analysis, Staff finds that the application, with conditions and code provisions, is in general compliance with the adopted Bozeman Community Plan and the City of Bozeman’s Unified Development Code. Staff includes the following recommended conditions of approval and code provisions: 134 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 3 Conditions of Approval 1. Prior to issuance of a demolition or building permit, the applicant shall consolidate the two underlying lots that comprise the subject property through a subdivision exemption process. 2. In order to verify compliance with applicable Unified Development Code standards and the Neighborhood Conservation Overlay design guidelines, the design of the new fence proposed for the property shall be added to the building elevation drawing sheet A-2 and shall have its materials noted. The revised elevation sheet shall be submitted to the Department of Planning prior to issuance of a building permit. 3. If any public sidewalk or curb are damaged during the construction, it is the requirement of the applicant to repair and replace them to the design standards of the City of Bozeman. This repair and/or replacement shall be noted on the site plan drawing, sheet A-1, in the building permit drawings. The applicant is required to obtain a “Sidewalk and/or Driveway and Curb Cut Permit” from the Engineering Department for that work if necessary. All new or replaced sidewalks must be inspected by the City Engineering Department prior to final occupancy of the residence. 4. The proposed water and sewer line connections for the proposed detached garage and accessory dwelling unit shall be shown on the site plan drawing, sheet A-1, in the building permit drawings. The accessory dwelling unit may share sewer service from the primary dwelling unit on the lot, provided that the service is television inspected at the owner’s expense and the Water & Sewer Superintendent determines that the service is in an acceptable condition for shared use. 5. The establishment of a basement dwelling unit in the proposed residence is prohibited. 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. • 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, “Accessory Buildings and Equipment,” ground-mounted mechanical equipment shall be screened from public rights-of-way with walls, fencing or evergreen plant materials and shall not encroach into required setbacks. • Per Section 38.23.150.D, “Site Lighting,” All outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. • Per Section 40.02.750 “Protective Devices”, 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 135 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 4 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. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Zoning Designation and Adjacent Land Uses The subject property is a single-household residence, zoned R-2 (Residential Two-household, Medium Density). The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. The following land uses and zoning are adjacent to the subject property: North: Two-/Three-Household Residential, zoned R-2; South: Single-Household Residential, zoned R-2; East: Single-Household Residential, zoned R-2; and West: Single-Household Residential, zoned R-2. Adopted Growth Policy Designation The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as Residential. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development Review Criteria & Staff Findings Section 38.16.050 “Standards for Certificates of Appropriateness” Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval. In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in light of these standards. A. All work performed in completion of an approved Certificate of Appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Department of Planning). 136 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 5 The property is currently listed as “non-contributing” in the historic inventory and the City’s Historic Preservation Officer agrees with that inventory’s current designation. Therefore, the inventory is not required to be updated with the proposed demolition. The Secretary of the Interior’s Standards and Guidelines have been incorporated into the COA criteria evaluated below. 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; Proposed house: The front wall of the proposed house reaches approximately 17 ½ feet at the gable ridge and does not exceed two stories in height. This height is found to be appropriate as it does not appear taller than the historic structures in the block. Additionally, the height of the structure is stepped down toward the street by proposing a traditional one-story covered porch at the front corner. The taller portion of the proposed house is created with a shed roof form behind the front gable roof form and reaches approximately 23 feet in height. This portion is appropriately set back 24 feet from the house’s front wall, creating less of an impact along the street. Proposed garage/ADU: The proposed detached garage structure reaches approximately 21 feet in height. Staff finds this is appropriately less in height than the principal house. The sidewall height of the second floor, where the ADU is proposed, exceeds three feet. It is proposed as 7’-8”. This is predominately due to the shed roof form proposed for the detached garage. Staff finds the proposed sidewall height as appropriate as the building massing underneath the roof form is actually less than what would be created by a typical, gable roof form. 2. Proportions of doors and windows; Proposed house and garage/ADU: The proportion and location of doors and windows on the new structures are similar to that of historic buildings within neighborhood, and therefore is found to be appropriate. 3. Relationship of building masses and spaces; Proposed house: The proposed house is providing a front yard that is similar in character to its neighbors. It follows the traditional pattern of the street by providing a similar setback distance from the sidewalk and by providing a walkway from the street to the building. The house is also providing more than the minimal side yard setback on either side, which is similar to the pattern of the block. Additionally, the front porch is appropriately oriented toward the street to help lower the building scale to the pedestrian level. The proposed house is composed of two smaller modules. The front module is a gable roof form that addresses the street and is similar in height and width to what is seen traditionally along the street. The rear module is a slightly more contemporary shed roof form that is appropriately set back 24 feet from the traditional gable front. Proposed garage/ADU: The proposed detached garage is appropriately subordinate in height to the principal house and is located to the rear of the lot. Additionally, the visual impact of the detached garage is minimized by locating it directly behind the house. This conceals the garage more from the street front. 137 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 6 4. Roof shape; Proposed house: The slightly more contemporary shed roof form portion of the house is set back 24 feet from the more traditional front gable roof form. Staff finds this setback as appropriate as it keeps the shed roof form from detracting from the visual continuity of the street. Proposed garage/ADU: The proposed detached garage consists of a combination of shed roof forms. The garage is located to the rear of the long lot (130 feet behind the front property line). Therefore, the slightly more contemporary roof form does not detract from the visual continuity of the street. 5. Scale; Proposed house: The proposed residence has an approximately 1,400-square foot building footprint, which is appropriate for this neighborhood block of typically small to medium size home footprints. Proposed garage/ADU: The detached garage is smaller in footprint than the principal residence, at approximately 800 square feet, to help distinguish the structure as accessory. In total, the proposed structures are covering just 22% of the total lot area. Standard zoning code would allow up to 40% lot coverage. The smaller 22% lot coverage is more typical of the traditional scale of the neighborhood. 6. Directional expression; Proposed house: The primary front gable roof shape is appropriate for the neighborhood as it creates a shorter front wall height for the historic streetscape. The front entry is emphasized by a covered front porch. Proposed garage/ADU: The garage access is appropriately from the rear alley. 7. Architectural details; Proposed house and garage/ADU: The new construction appropriately distinguishes itself from the historic structures in the neighborhood, while still using building materials that appear similar to those used traditionally in the neighborhood. 8. Concealment of non-period appurtenances, such as mechanical equipment; and Proposed house and garage/ADU: The applicant has been notified that screening of mechanical equipment is required (see recommended code provisions on page 3 of this report). 9. Materials and color scheme. Proposed house and garage/ADU: The new construction appropriately distinguishes itself from the historic structures in the neighborhood, while still using building materials that appear similar to those used traditionally in the neighborhood. 138 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 7 C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding structures. The new construction is of contemporary and innovative design, but does not destroy significant historic architecture. The proposed construction is also within the range of sizes, locations and detailing of historic structures found in the 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. Bozeman’s Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District were consulted in reviewing the proposed project. E. Conformance with other applicable development standards of this title. Staff has included aggregation of the existing lots through the subdivision exemption process as recommended Condition #1. Since the two underlying property lots are being used and developed as a single parcel, this condition is necessary to avoid building over property lines, to ensure the proper functioning of the use and development, and to enable consistent application of the conditional use permit to the subject property. Two deviations from the Bozeman Municipal Code are required for the proposed project: • The first is requested from Section 38.08.040, “Lot Area and Width” to allow an Accessory Dwelling Unit (ADU) to be allowed on a 56 foot wide lot, which is 4 feet, or 7% less, than the minimum 60 foot wide standard (the existing property is composed of two 28-foot wide lots equaling a total of 56 feet); and • The second is requested from Section 38.21.050.E.2, “Accessory buildings, uses and equipment,” to allow the side wall height of the detached garage’s half-story be 7.8 feet, which is 4.8 feet, or 160% greater, than the maximum 3 foot side wall height standard. The required criteria for granting deviations are examined in the following section. Section 38.16.070 “Deviations from Underlying Zoning Requirements” Section 38.16.070 specifies the required criteria for granting deviations from the underlying zoning requirements. In the discussion below, Planning Staff evaluated the applicant's request in light of these criteria. Deviation #1, requested from Section 38.08.040, “Lot Area and Width” to allow an Accessory Dwelling Unit (ADU) to be allowed on a lot than 60 feet wide; A. Modifications shall be more historically appropriate for the building and site in question, and the adjacent properties, as determined by the standards in § 38.16.050 of this chapter, than would 139 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 8 be achieved under a literal enforcement of this title; The surrounding R-2 zoning district includes several properties with two-household, or greater, residential densities on lots that are less than 60 feet in width. This is due to the fact the historic subdivision was divided into 25-foot and 28-foot wide lots, rather than the current zoning standard 30- foot wide lots. Though lot widths in the neighborhood are less than the current minimum required for two-household and accessory dwelling use, they are greater in lot area (greater than 6,000 square feet). This is because the historic property lots are much longer in length than current standard lot arrangements (greater than 120 feet). Therefore, Staff finds the proposal of an accessory dwelling unit on the lot as historically appropriate for the site and adjacent properties as the lot provides enough lot area for the slight increase in parking and congestion that is created by the additional accessory dwelling unit. Adequate parking is provided for the proposed residence (three required and three provided) and a separate on-site parking space is designated for the use of the accessory dwelling unit (under the carport). It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will be more historically appropriate for the site and surrounding neighborhood in question and thus fulfills Criteria A of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; The proposed residence and detached garage provide larger side yard setbacks than what is minimally required by current zoning code. This creates a larger buffer between the new construction and abutting properties. Additionally, the new detached garage and required parking is appropriately located behind the house. This will lessen the chance of parking congestion along the street. It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will have minimal adverse effect on abutting properties and thus fulfills Criteria B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. C. Modifications shall assure the protection of the public health, safety and general welfare. As included in the recommended conditions of approval, the proposed water and sewer lines for the accessory dwelling unit shall be shown on a revised site plan drawing. Therefore, it is the determination of ADR Staff that with all the recommended conditions of approval and code provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criteria C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. Summary: Based on a finding that the deviation request meets all applicable criteria, Staff recommends approval of the first deviation request with recommended conditions of approval. Deviation #2, requested from Section 38.21.050.E.2, “Accessory buildings, uses and equipment,” to allow the height of the detached garage’s half-story exceed a height of 1½ stories, where a half story is established by a side wall, under a sloped roof, of 3 feet in height or less above the floor level within space allowed to be occupied by persons by the International Building Code. 140 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 9 A. Modifications shall be more historically appropriate for the building and site in question, and the adjacent properties, as determined by the standards in § 38.16.050 of this chapter, than would be achieved under a literal enforcement of this title; The proposed shed roof form actually creates a detached structure with less volume and building mass on the second floor than what would be created with a code-compliant gable roof form with three foot sidewall heights. The smaller building volume is more in keeping with the scale and proportions of the neighboring structures and of the traditional neighborhood fabric, as a whole. It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will be more historically appropriate for the site and surrounding neighborhood in question and thus fulfills Criteria A of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; The detached garage is a combination of one and two-story heights. On either side of the taller portion, a one-story portion is proposed. This helps to minimize the adverse effect of the two-story structure by lowering the height along each neighboring side. It is the determination of ADR Staff that with the recommended conditions of approval this application creates a project which will have minimal adverse effect on abutting properties and thus fulfills Criteria B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. C. Modifications shall assure the protection of the public health, safety and general welfare. The proposed new construction is outside of the required street vision triangle for the rear alley. This calculation ensures an adequate line of vision for pedestrians traveling on the Alderson sidewalk to see traffic in the alley, as well as traffic in the alley to see pedestrians and additional traffic in the Alderson public right-of-way. It is the determination of ADR Staff that with all the recommended conditions of approval and code provisions, that the protection of health, safety and general welfare is assured and thus fulfills Criteria C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Ordinance. Summary: Based on a finding that the deviation request meets all applicable criteria, Staff recommends approval of the second deviation request, with the recommended conditions of approval. Public Comment Public noticing for the project occurred during the weeks of August 27 and September 3, 2012 and included posting on site, listed in the legal section of the Bozeman Daily Chronicle, and the notification of adjoining neighbors within 200 feet of the property. No public comment has been received by the Department of Planning for this project. If public comment is received prior to the City Commission public hearing, Staff will forward it to the Commission for their consideration. Staff is aware of the applicant’s efforts in meeting with their neighbors to explain and describe their project. Conclusion 141 #Z-12205 McCune Demolition and SHR/ADU COA/DEV Staff Report 10 The Staff has reviewed the McCune Demolition and Single-Household Residence/Accessory Dwelling Unit Certificate of Appropriateness application with two deviation requests and recommends approval of the application with the conditions and code provisions outlined in this staff report (listed on pages 3 and 4). In addition to the specific project conditions of approval, the applicant must comply with all provisions of the Bozeman Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Based on a finding that the deviation requests meet all applicable criteria, Staff recommends approval of the four deviation requests. AS THIS APPLICATION INCLUDES A REQUEST FOR FOUR DEVIATIONS, THE CONCURRING VOTE OF THREE MEMBERS OF THE CITY COMMISSION IS NECESSARY TO EFFECT THE DEVIATIONS. THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 38.35.080 OF THE BOZEMAN MUNICIPAL CODE. Attachments: Applicant’s Application Materials Report Sent to: Matt McCune, 619 N. Church Avenue, Bozeman, MT 59715 Thor Arnold, 415 E. Birch Street, Bozeman, MT 59715 142 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 2 of 7 143 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 3 of 7 144 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 4 of 7 145 415 East Birch St. 406.582.1499 tel. Bozeman, Montana 406.582.7894 fax. 59715 Thor Arnold • NCARB Architect, licensed in Montana & Colorado thor@styxworks.com August 8, 2012 To: Plan Reviewer City of Bozeman Department of Planning and Community Development P.O. BOX 1230 Bozeman, MT 59771 Subject: Sketch Plan / COA Application, with (2) Deviations Project: McCune House + Garage/Accessory Dwelling Unit (ADU), 212 N. Church Avenue, Bozeman, MT 59715 Demolition Narrative: With respect to Bozeman Municipal Code Sec. 38.16.050. – Standards for certificates of appropriateness, we suggest that our request to demolish the existing house and garage structures on the site fall clearly within the guidelines of section: 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 surrounding structures. The existing structures are in a dilapidated state and exhibit no historical, cultural or architectural significance. The house structure is in-fact a structural accident, waiting to happen, with multiple poorly rendered additions and modifications to a core-structure that rests on un-safe foundation of unreinforced rubble-stone. The front (west) portion of the house, though sitting on a concrete foundation, is a full 5” out of level across it’s 14’ width, indicating major structural failure. Additionally, the crawlspace shows clear evidence of extensive mold and rot in the framing members. The combination of structural deficiencies and lack of architectural cohesiveness (or period style) support our perspective proposed new structures will add to the eclectic character of the surrounding neighborhood and structures. Additional photos are provided, below, to support our proposal. Deviation Narrative: As we are asking for two deviations on this project, related to the garage/ADU; 1. Lot width requirement is 60 ft. for an ADU in R-2 zoning district. Lot is 58’ wide, or 97% of the required 60’. 2. ADU side-wall ht. requirement is a max. of 3’. Per our preliminary discussions with the Planning Department (Courtney Kramer), we propose a 7’-8” side-wall (plate ht.) at the upper level of the Garage/ADU. As this living space is located above the center bay of the garage/carport, the massing of the shed-roofed form creates significantly less of a visual impact on the surrounding neighborhood than a “code-compliant’ gable-roofed design response (with 3’ side-walls). Regarding the requested deviations from underlying zoning requirements, per Sec. 38.16.070 of the Bozeman Municipal Code (criteria in italics); 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; As this parcel was created before the implementation of these zoning requirements, the 58’ lot width would not “literally” be allowed to support our requested ADU. However, there are many examples of existing two-household properties within this neighborhood and zoning district that also exist on less than the required 60’ wide lot. Additonally, the requested ADU side-wall ht deviation was the result of a design study that compared our proposed design with a more “literal” interpretation of the code, which limits side-wall ht. to 3’ in ADU’s. Though it is clear that the intent of this limitation is to keep the overall massing of ADU’s subordinated to the primary structure on a site, the literal application of this rule would cause one to build a significantly larger gable-roofed mass to create the same functional living area that we propose in our more contemporary structure. Our comparison of building volume dedicated to ADU, above a ht. of 10’) shows the proposed Shed roof volume is 6,069 cu.ft., while the more “code- literal” Gable roofed volume would be 11,648 cu.ft. This is clearly more in keeping with the scale and proportions of the neighboring structures and of the neighborhood fabric, as a whole, and we suggest that the proposed ADU is more “historically appropriate” for the building and site in-question than not allowing such use. 146 212 North Church Avenue – House & Garage/ADU • 8/21/12 page 2 of 6 2. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof; Neither of the requested deviations will have any measurable adverse effects on abutting properties or the permitted uses thereof. 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. Both of the requested deviations will assure the protection of public health, safety and general welfare. We did provide a proposed project schedule and acknowledge that is essential that the project be completed in a timely and effective manner once commenced. Thank you for your consideration of this proposal, Thor Arnold, Architect 147 212 North Church Avenue – House & Garage/ADU • 8/21/12 page 3 of 6 Existing House Photos West Elevation (facing Church Ave.) South Elevation 148 212 North Church Avenue – House & Garage/ADU • 8/21/12 page 4 of 6 East Elevation North-West Elevation (facing Church Ave.) 149 212 North Church Avenue – House & Garage/ADU • 8/21/12 page 5 of 6 Existing Garage Photos West Elevation (facing Church Ave.): South (+ west) Elevation: 150 212 North Church Avenue – House & Garage/ADU • 8/21/12 page 6 of 6 North(+West) Elevation: East Elevation (facing alley): 151 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 5 of 7 Aerial Photo GIS Site Plan Existing 152 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 6 of 7 Existing House Photos West Elevation (facing Church Ave.) North-West Elevation (facing Church Ave.) 153 212 North Church Avenue – House & Garage/ADU • 8/9/12 page 7 of 7 Existing Garage Photos West Elevation (facing Church Ave.): North-East Elevation (facing alley): East Elevation (facing alley): 154 sheet #: revisions: project: project #: date: drawn by:406.582.1499 telBozeman, Montana59715406.582.7894 fax415 east birch st.McCune House212 North ChurchBozeman, Montana 59715Client: Matt & Shannon McCune©2012 • styxworks LLC#1015 All dimensions and on-site conditions are to be verified by the general contractor.Clarify any design discrepancies with the Architect • DO NOT SCALE DRAWINGS!McCune House Site with existing footprints thor@styxworks.com- COA Application - Not For Contruction -A.3The use of these plans shall be restricted to the original projectsite for which they were created, and publication thereof isexpressly limited to such use. Reuse, reproduction or publicationby any method, in whole or in part, is prohibited. This drawing isclassified as part of an unpublished collection of visual art underthe 1978 copyright act. It is an exclusive work of originalauthorship. None of the pictorial graphic or technical charts ordrawings depicted on this sheet may be reproduced by anymethod, includung tracing, by ozalid, or photocopying stored ina retrieval system, or transmitted in any form or by meanselectronic, mechanical or otherwise; nor may they be used orre-used for any purpose without the express prior writtenpermission. Title and ownership remains with the author withoutprejudice. Visual contact with these plans shall constituteprima facie evidence of the acceptance of these restrictions.ALL RIGHTS RESERVED. Copyright © 2012 STYXWORKS LLC.8 August, 2012 TS/TA/RW UP 15 x 7 1/2" = 9'-4 1/2" DW DW UP10'14'28'16'10'12'27'8'7'10'20'18'8'2'-6"12'16'36' 8'26'2'5'5'15' 28'-45/8" 20'7'-10"8'-4"9'-4"44'-10" 22'-7"5'5'23'-8"13'-2"27'-5"14'-10"1,408.00 sq ft 888.00 sq ft 4999'-51/4"4999'-43/4" 5000'-0" 4999'-111/2" approx. location of neighboring structures approx. location ofneighboring structures approx. location ofneighboring structures proposed 6' fence proposed 6' fence proposed8' gate dashed line/fill indicates footprint (758 s.f.) of existing house to be removed existing curb-stop existing o.h. tel. service line existing o.h. elec. service line proposed u.g. tel/cable/elec.service step trench proposed u.g. gas service line from alley dashed line/fill indicates footprint (468 s.f.) of existing 2-car garage to be removed N. Churchalley186' property line city sewercity waterproperty line side yard setback side yard setback property linefront yard setback56' property linerear yard setbackNORTH bedroom 13'-8"x11'-6" bath 12'-8"x9'-10" closet 5'x9' closet 5'x7' laundry 9'-2"x5' powder 6'x5'entry 10'-6"x6'-0" living 10'-6"x15'-0" dining 12'-6"x17'-0" kitchen 18'-0"x13'-4" porch 10'-0"x10'-0" porch 10'-0"x6'-0" wood storage 18'-0"x4'-0" mech.room R DNWDWD29' (existing structure)20'-4" (existing structure)assumed sewer location (exist. to remain) assumed water location (exist. to rem a i n ) SCALE: 1/8" = 1'-0"1 Site/Floor Plan with existing structure footprints shown 155 sheet #: revisions: project: project #: date: drawn by:406.582.1499 telBozeman, Montana59715406.582.7894 fax415 east birch st.McCune House212 North ChurchBozeman, Montana 59715Client: Matt & Shannon McCune©2012 • styxworks LLC#1015 All dimensions and on-site conditions are to be verified by the general contractor.Clarify any design discrepancies with the Architect • DO NOT SCALE DRAWINGS!McCune House Plans thor@styxworks.com- COA Application - Not For Contruction -A-1The use of these plans shall be restricted to the original projectsite for which they were created, and publication thereof isexpressly limited to such use. Reuse, reproduction or publicationby any method, in whole or in part, is prohibited. This drawing isclassified as part of an unpublished collection of visual art underthe 1978 copyright act. It is an exclusive work of originalauthorship. None of the pictorial graphic or technical charts ordrawings depicted on this sheet may be reproduced by anymethod, includung tracing, by ozalid, or photocopying stored ina retrieval system, or transmitted in any form or by meanselectronic, mechanical or otherwise; nor may they be used orre-used for any purpose without the express prior writtenpermission. Title and ownership remains with the author withoutprejudice. Visual contact with these plans shall constituteprima facie evidence of the acceptance of these restrictions.ALL RIGHTS RESERVED. Copyright © 2012 STYXWORKS LLC.8 August, 2012 TS/TA/RW UP 15 x 7 1/2" = 9'-4 1/2" DW DW UP10'14'28'16'10'12'27'8'7'10'20'18'8'2'-6"12'16'36' 8'26'2'5'5'15' 28'-45/8" 20'7'-10"8'-4"9'-4"44'-10" 22'-7"5'5'1,408.00 sq ft 888.00 sq ft 4999'-51/4"4999'-43/4" 5000'-0" 4999'-111/2" approx. location of neighboring structures approx. location ofneighboring structures approx. location of neighboring structures proposed 6' fence proposed6' fence proposed 8' gate dashed line indicated footprint of existing house to be removed existing curb-stop existing o.h. tel. service line existing o.h. elec. service line proposed u.g. tel/cable/elec. service step trench proposed u.g. gasservice line from alleyN. Churchalley186' property line city sewercity waterproperty line side yard setback side yard setback property linefront yard setback56' property linerear yard setbackbedroom 13'-8"x11'-6" bath 12'-8"x9'-10" closet 5'x9' closet 5'x7' laundry 9'-2"x5' powder 6'x5'entry 10'-6"x6'-0" living 10'-6"x15'-0" dining 12'-6"x17'-0" kitchen 18'-0"x13'-4" porch 10'-0"x10'-0" porch 10'-0"x6'-0" wood storage 18'-0"x4'-0" mech.room R DNWDWDassumed sewer location (exist. to remain) assumed water location (exist. to remai n ) DN 15 x 7 1/2" = 9'-4 1/2" DW UP672.00 sq ft 576.00 sq ft bedroom11'-0"x12'-6" bath 11'-0"x5'-10" bedroom 11'-0"x12'-2" living 15'-6"x12'-0" R 1,388.00 sq ft unfini s h e d b a s e m e n t UP Max. Lot Coverage/Floor Area Calculation: Lot Area (gross) = 10,304 sq. ft. Building Area (net) = 6,854 sq. ft. Maximum lot coverage/floor area = 40% of Lot Area (R-2 Zoning) = 4,121 sq. ft. Proposed House (1408 sq.ft.) + Proposed Garage Footprint (888 sq. ft.) = 2296 sq. ft. Sum of proposed bldg. footprint(s) (2296 sq. ft.) < Max. allowable/buildable area (4,121 sq. ft.) Allowable Max. Bldg. Height Less than 3:12 = 24' 3:12 or greater but less than 6:12 = 28' 6:12 or greater but less than 9:12 = 32' Equal to or greater than 9:12 Proposed House: Upper Level - 672 sq. ft. Main Level - 1,408 sq. ft.Lower Level (unfinished) - 1,388 sq. ft. Subtotal - 3,468 sq. ft. A.D.U.: Main Level (garage) - 888 sq. ft. Upper Level - 576 sq. ft. Subtotal - 1,464 sq. ft. Total - 4,932 sq. ft. Gross Area Calculation: Sequence of Proposed Site/Bldg. Alterations: 1. Demo. exist. house & garage 2. Construct proposed house & garage Property Address: 212. N. Church Bozeman, MT 59715 Legal Description:BABCOCK AND DAVIS ADD, S07, T02 S, R06 E, BLOCK 2, Lot 5 - 6 Zoning: R-2• Property falls within the City of Bozeman Neighborhood Conservation Overlay SCALE: 1/8" = 1'-0"1 Site/Floor Plan 6 perspective from street 7 perspective of garage from alley House- Upper Level Garage- Upper Level Garage- Main LevelHouse- Main Level House- Lower Level 156 sheet #: revisions: project: project #: date: drawn by:406.582.1499 telBozeman, Montana59715406.582.7894 fax415 east birch st.McCune House212 North ChurchBozeman, Montana 59715Client: Matt & Shannon McCune©2012 • styxworks LLC#1015 All dimensions and on-site conditions are to be verified by the general contractor.Clarify any design discrepancies with the Architect • DO NOT SCALE DRAWINGS!McCune House Elevations thor@styxworks.com- COA Application - Not For Contruction -A-2The use of these plans shall be restricted to the original projectsite for which they were created, and publication thereof isexpressly limited to such use. Reuse, reproduction or publicationby any method, in whole or in part, is prohibited. This drawing isclassified as part of an unpublished collection of visual art underthe 1978 copyright act. It is an exclusive work of originalauthorship. None of the pictorial graphic or technical charts ordrawings depicted on this sheet may be reproduced by anymethod, includung tracing, by ozalid, or photocopying stored ina retrieval system, or transmitted in any form or by meanselectronic, mechanical or otherwise; nor may they be used orre-used for any purpose without the express prior writtenpermission. Title and ownership remains with the author withoutprejudice. Visual contact with these plans shall constituteprima facie evidence of the acceptance of these restrictions.ALL RIGHTS RESERVED. Copyright © 2012 STYXWORKS LLC.8 August, 2012 TS/TA/RW vert. corrugated bonderized metal standing seam metal roofing random new fir,vert. boardsiding on batten hori. corrugatedbonderizedmetal vert. corrugated bonderizedmetal hori. corrugated bonderized metal standing seam metal roofing22'-8" max.7'-81/2"10'-41/2"12'16'10'-6" random new fir, vert. board siding on batten vert. corrugated bonderized metal 12 2typical 122typical 122typical vert. corrugatedbonderized metal stucco standing seammetal roofing stucco random new fir,vert. board siding on batten random new fir, vert. board siding on batten hori. corrugated bonderized metal standing seam metal roofing stucco23'-6" maxrandom new fir,vert. boardsiding on batten hori. corrugatedbonderized metal stucco 12 2typical 12 6 typical SCALE: 1/8" = 1'-0"8 Garage South Elevation SCALE: 1/8" = 1'-0"7 Garage West Elevation SCALE: 1/8" = 1'-0"6 Garage North Elevation SCALE: 1/8" = 1'-0"5 Garage East Elevation SCALE: 1/8" = 1'-0"4 House South Elevation SCALE: 1/8" = 1'-0"3 House West Elevation SCALE: 1/8" = 1'-0"2 House North Elevation SCALE: 1/8" = 1'-0"1 House East Elevation 9 perspective from street 10 perspective of house from backyard 11 perspective of garage from backyard 12 perspective of garage from alley bonderized metal garage door standing seam metal roofing bonderized corrugated metal rough-sawn fir vert. board siding aluminum clad windows/doors 157