HomeMy WebLinkAboutA Certificate of Appropriateness application including a deviation for Groueff Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner
Tim McHarg, Planning Director
SUBJECT: A Certificate of Appropriateness application including a deviation request
to allow the construction of a garage/studio in the rear yard of 615 N. Black Avenue. The
deviation is required to allow the construction of an accessory structure which is taller than the
principal structure. The property is zoned R-4 (Residential, High Density) and lies within the
Neighborhood Conservation Overlay District (NCOD).
MEETING DATE: October 1, 2012
AGENDA ITEM TYPE: Action Item (quasi-judicial)
RECOMMENDATION: Staff finds that the application, with conditions and code provisions,
is in general compliance with the adopted Growth Policy, the City of Bozeman Unified
Development Code and NCOD guidelines. Staff recommends approval of the deviation request.
SUGGESTED 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-12214 and move to approve the application
with the recommended conditions and subject to all applicable code provisions.”
BACKGROUND: The Certificate of Appropriateness application proposes the demolition of
the existing accessory structure in the rear yard at 615 N. Black Avenue. The existing accessory
structure lacks a foundation, is in poor condition, does not meet current setback requirements and
has not been deemed a contributing element within the NCOD. Following demolition, a new garage/studio will be constructed. The proposed structure will meet the required rear and side
yard setbacks, however, one deviation has been requested from Section 38.21.050.E, “Accessory
Buildings, Uses and Equipment”, of the Bozeman Unified Development Code. Granting this
deviation will allow the accessory structure to exceed the height of the principal structure. As currently proposed, the accessory structure would be 7 feet 1 ½ inches taller than the principal structure.
The principal structure stands only 11 feet, 6 inches tall and is atypical in design for the
neighborhood with a relatively flat roof with parapet walls. It would be difficult to design a functional garage that does not exceed the height of this unusual principal structure. The neighborhood pattern along the alley is one where an eclectic mixture of accessory structures
already exists and includes tall accessory structures adjacent to the alley. Given the presence of
other tall and/or large accessory structures, the applicant’s proposal fits within the existing
character of the alley.
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UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: In addition to the Staff recommendation, 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.
Attachments: Applicant’s materials Report compiled on: September 20, 2012
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 1
City Commission Staff Report for Groueff
Garage/Studio in a R-4 District- COA/DEV
File #Z-12214
Item: A Certificate of Appropriateness application including a deviation request to allow the
construction of a garage/studio in the rear yard of 615 N. Black Avenue which is 7 feet 1 ½ inches taller than the principal structure. The existing shed is in poor condition and does not meet current setback requirements. The applicant proposes demolishing this structure. The proposed garage/studio meets
current setback requirements. The property is zoned R-4 (Residential, High Density) and lies within the
Neighborhood Conservation Overlay District (NCOD).
Owner: Paul Groueff, 615 N. Black Avenue, Bozeman, MT Applicant: Graham Goff, Graham Goff Architecture, 201 S. Wallace Ave., Bozeman, MT
Date: City Commission meeting, October 1, 2012, 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
Recommended Motion: I move to approve application Z-12214 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria.
______________________________________________________________________________
Project Location The property is addressed as 615 N. Black Avenue and is legally described as Lots 5-6, Block 46 of the Imes Addition, Section 6, T2S, R6E, Plat C-41, City of Bozeman, Gallatin County, Montana.
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#Z-12214 Groueff Garage/Studio Sketch Plan COA/DEV Staff Report 2
Proposal/Background
The Certificate of Appropriateness application proposes the demolition of the existing accessory structure in the rear yard at 615 N. Black Avenue. The existing accessory structure lacks a foundation, is
in poor condition, does not meet current setback requirements and has not been deemed a contributing
element within the NCOD. Following demolition, a new garage/studio will be constructed. The
proposed structure will meet the required rear and side yard setbacks, however, one deviation has been
requested from Section 38.21.050.E, “Accessory Buildings, Uses and Equipment”, of the Bozeman Unified Development Code. Granting this deviation will allow the accessory structure to exceed the
height of the principal structure. As currently proposed, the accessory structure would be 7 feet 1 ½
inches taller than the principal structure.
The Montana Historical and Architectural Inventory record indicates the principal dwelling was constructed in 1937 and may have been a garage previously. There is no date of construction for the
existing rear yard shed/garage. It does not appear on the 1927 Sanborn Fire Insurance Maps so was
constructed sometime after 1927.
The principal structure stands only 11 feet, 6 inches tall and is atypical in design for the neighborhood with a relatively flat roof with parapet walls. It would be difficult to design a functional garage that does
not exceed the height of this unusual principal structure. The neighborhood pattern along the alley is one
where an eclectic mixture of accessory structures already exists and includes tall accessory structures
adjacent to the alley. Given the presence of other tall and/or large accessory structures, the applicant’s
proposal fits within the existing character of the alley.
Recommended Conditions of Approval
Based on the subsequent analysis, Staff finds 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:
1. The studio space is not approved for the establishment of a home based business. Home based
businesses in accessory structures in R-4 zoning districts may only be established through the
conditional use permit process.
2. The studio space is not approved for use as an accessory dwelling unit. Such use will require additional review and compliance with standards for accessory dwelling units.
3. 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 or
through a separate legal instrument approved by the City Attorney.
4. Trees exceeding 6 inches in diameter on the property shall be identified and preserved to the greatest extent feasible.
5. Any damaged sidewalk panels fronting the property shall be replaced. 6. Each building shall have a separate service line from the building to the sewer main, with the
following exception: Accessory Dwelling Units (ADUs) may share sewer service with the service
from the primary dwelling unit on the lot, provided that the service is television inspected at the
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owner’s expense, and the Water/Sewer Superintendent determines that the service is in an acceptable
condition for shared use. Contact the Water and Sewer Division at 582-3200 for additional
information.
7. Color scheme shall be selected so not to increase the perceived mass of the structure. White or bright colors shall be avoided for exterior walls. A color palette shall be provided prior to issuance of building permit.
Code Provisions:
8. 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.
9. Per Sec. 38.21.050.F, “Accessory Buildings and Equipment”, roof top mounted and ground
mounted mechanical equipment shall be screened.
10. Per Section 38.23.130.A.2, “Fences, walls and hedges”, fences, walls and hedges, in any
district may be located on lot lines provided such fences, walls and hedges comply with the following height requirements: Do not exceed four feet in height in any required front yard.
11. Per Section 38.23.150.F, “Lighting Specifications for All Lighting, For all exterior 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).
12. 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.
Conclusion/Recommendation
The Staff has reviewed the Groueff garage/studio proposal and recommends 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. 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 subject property is a single household residence, zoned R-4 (Residential, high density). The intent of the R-4 residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. This will provide for a variety of
compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area.
The following land uses and zoning are adjacent to the subject property:
North: Single Household Residence, zoned R-4
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South: Single Household Residence, zoned R-4
East: Single Household Residence, zoned R-4
West: Single Household Residence, zoned R-4
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).
The proposed project does not involve the removal or modification of any structures which have been deemed historic and therefore the Secretary of the Interior’s Standards for Rehabilitation of Historic
Properties do not apply to this project.
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 proposed height of the new garage/studio is 7 feet 1 ½ inches taller than the
principal structure. Given the eclectic mixture of accessory structures along this alley and the
unusual roof form and height of the principal structure, staff finds this acceptable. On the same block at 623 N. Black, the accessory structure exceeds the height of the principal structure.
2. Proportions of doors and windows: The doors and windows proposed with the studio addition
mimic the size and location of the windows found on the accessory structure being demolished.
3. Relationship of building masses and spaces: The footprint of the proposed accessory
garage/studio is less than the existing structure. Although it is taller, its perceived mass is less
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than that of other tall accessory structures on the east side of the alley. The roof shape (pitched
roof with dormers) breaks up the perceived mass of the structure. Its location in the rear yard,
conformance with current setback requirements and location to the north side of the lot maintains
the existing alley character and is appropriate in this context.
4. Roof shape: The roof is of a form and pitch seen in other structures in the neighborhood.
Specifically is has a pitched roof with dormer windows.
5. Scale: Scale is defined as “The size of the structure as it appears to the pedestrian” in the NCOD guidelines. As such, the scale of this structure will not seem out of place since the applicant
proposes to set the structure back 8 feet from the rear property line. The existing structure is
located on the rear property line.
6. Directional expression: The proposed garage is side loaded, like other detached garages on the alley, thus retaining the historic directional expression of the garage.
7. Architectural details: The applicant proposes wood “drop” siding, wood trim and 3 windows
on the west elevation to replicate the materials and details of the existing garage.
8. Concealment of non-period appurtenances, such as mechanical equipment: The applicant
has been notified that screening of mechanical equipment is required (see code provisions).
9. Materials and color scheme: The materials proposed are appropriate. A color scheme has not
been proposed, so staff added a condition to minimize a potential nuisance related to the requested deviation.
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 proposed garage/studio is appropriate within the context of this neighborhood and fitting for the
neighborhood character.
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 have been incorporated into the above review of the application.
E. Conformance with other applicable development standards of this title. Said application would permit the construction of an accessory structure which is taller than the
principal structure. One deviation is required from Section 38.21.050.E, “Accessory Buildings, Uses
and Equipment”, of the Bozeman Unified Development Code. Granting this deviation will allow the accessory structure to exceed the height of the principal structure. As currently proposed, the accessory
structure would be 7 feet 1 ½ inches taller than the principal structure.
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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, Administrative Design Review (ADR) Staff evaluated the
applicant's request in light of these criteria.
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 structure conforms in footprint, lot area, setbacks and eliminates the rear yard and side yard encroachments. The side loaded orientation of the garage is maintained. The existing buildings on
the property have not been deemed historic. The principal structure is atypical. Literal enforcement of
this title would require that the new accessory structure be less than 11 feet 6 inches tall. Creating a
functional garage within these parameters is difficult.
The proposed garage/studio is appropriate within the context of the neighborhood. This alley has an
eclectic mixture of accessory structures. The proposed structure maintains the alley character,
incorporates some of the architectural details of the original garage, is of mass and scale similar to other
structures on the block and maintains the garage’s original orientation.
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 Criterion A of Section 38.16.070 “Deviations from
Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;
The proposal will eliminate existing non-conforming encroachments into the rear and side yard setbacks,
but is generally in the same location as the existing structure which is adjacent to a large accessory structure to the north.
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
Criterion B of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development Code.
C. Modifications shall assure the protection of the public health, safety and general welfare.
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 Criterion
C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Code.
Summary: Based on a finding that the deviation request meets all applicable criteria, Staff
recommends approval of the deviation request.
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AS THIS APPLICATION INCLUDES A REQUEST FOR A DEVIATION, THE CONCURRING
VOTE OF THREE MEMBERS OF THE CITY COMMISSION IS NECESSARY TO EFFECT
THIS DEVIATION. 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: Application Report Sent to: Paul Groueff, 615 N. Black Avenue, Bozeman, MT 59715 and Graham Goff, 201 S.
Wallace Avenue, Bozeman, MT 59715
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing South Elevation
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing North Elevation
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing East/South Elevations
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Existing West/North Elevations
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
Groueff Proposed Garage/Studio Overview
1. Proposed demolition of existing garage/studio building that was constructed
in 1949.
• The existing structure has no viable economic or useful life remaining.
The structure has no apparent foundation resulting in extensive rot
along the exterior walls. Due to neglect by previous owners, the
building has not had an effective roof for many years causing water
damage and rot to the structural roof rafters and floor system.
• The cost to repair the existing structure exceeds the value of the
existing structure.
• The existing structure is within both the 5’ side yard setback as well as
the 6’ accessory building rear yard setback.
2. Proposed construction of a 599.25 S.F. garage and studio building
• The proposed accessory building is less than the allowable maximum
600 S.F.
• The proposed building is located in the rear yard as allowed by the
UDO.
• The proposed building is set back 8’ from the alley right of way, more
than the required 6’
• Structure occupies 15% of the area of the lot located to the rear of the
principal structure, less than the 20% allowed by the UDO.
• Proposed garage meets dimensional standards for vehicular garages.
Garage door is 9’ wide and interior finished dimensions are 12’ in width
and 20’ in length.
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September 6, 2012 615 North Black Ave. Groueff Garage
Goff Architecture, Ltd.
3. Required Deviation‐ Accessory Building Height UDO 38.21.050 E
• The UDO states that the height of the accessory building shall not
exceed the height of the primary structure. The proposed accessory
building is 18’‐7.5” tall while the primary structure is only 11’‐6”.
• The primary structure is atypical for the neighborhood in that it has a
flat/low slope roof with parapet walls, resulting in a usually low building
height.
• The proposed accessory building has an 8’‐0” wall height, the minimum
required for a 7’ garage door and an 8/12 pitch roof which fits with the
character of the neighborhood.
• The proposed accessory building is historically appropriate and relates
to adjacent structures along the alley in massing and scale.
• The proposed accessory building will have minimal adverse effect on
abutting properties. The building will be smaller than the existing
building and will remove a non conforming shed addition that is
currently within the 5’ side yard setback.
• The proposed accessory building poses no risks to the public health,
safety and general welfare.
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