HomeMy WebLinkAboutCreekwood Guest House CUP and COA
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Chris Saunders, Assistant Director, Department of Planning and
Community Development
SUBJECT: A Conditional Use Permit and Certificate of Appropriateness application to allow the operation of the Creekwood Guest House/Vacation Rental at 2421 Creekwood Drive.
MEETING DATE: January 14, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: That the City Commission approves Conditional Use Permit and Certificate of Appropriateness Application #Z-12290 to allow the operation of the Creekwood
Guest House/Vacation Rental (classified as “Extended Stay Lodging” in the R-1 zoning district)
at 2421 Creekwood Drive.
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-12290 and move to approve the conditional use permit and certificate of appropriateness with conditions and subject to all
applicable code provisions.”
BACKGROUND: Phil Sgamma has submitted a request for Conditional Use Permit (CUP) approval to operate the “Creekwood Guest House” at 2421 Creekwood Drive as a vacation rental
in the R-1 (Residential Single Household Low Density District). This use is classified as
“Extended Stay Lodging” within the Bozeman Municipal Code (BMC).
Extended stay lodging is defined within the municipal code (Sec. 38.42.1040) as “guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which
are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation,
including, but not limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.”
It should be noted that this use has operated in this location for approximately 2 years. An
anonymous written complaint, (signed as “a concerned landowner in the area”), was filed with
the City in August of this year which resulted in the Planning and Building Offices investigating the complaint and contacting the landowner. In response to those actions, the property
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owner/applicant has made the necessary application for the required CUP to operate this land use
in this location (see the property owner’s application and narrative explanation).
The City of Bozeman does not currently have specific land use regulations addressing vacation rentals or extended stay lodging. Therefore, the proposed use is reviewed against the CUP criteria of Section 38.19.110 BMC (as addressed in the attached staff report). As this home was
constructed in 2008, the home and site improvements meet all current site development standards
for a residential dwelling. The key elements of the City Commission’s review are largely in
determining whether this proposed use, at this location, can be operated in a manner that complies with the CUP criteria. Since the City does not have specific vacation rental standards, in an effort to determine what may be reasonable conditions for this use, staff obtained sample
vacation rental ordinances from other locations to determine what were common or standard
elements of concern or conditions placed on their approval. Staff worked with the applicant in
reviewing these items and found mutually agreeable conditions that are being presented to the City Commission for consideration. These draft conditions are located on page 2 of the attached
staff report. These recommended conditions are included in an attempt, if the City Commission
is inclined to approve the CUP, to assure this use can be operated harmoniously within this
neighborhood setting and that also addresses any public health, safety and welfare concerns.
With the recommended conditions of approval, staff is generally supportive of this use at this location. Considering that this vacation rental property abuts Bridger Canyon Drive and is
located on what could be considered the entry boundary of the subdivision, (versus being located
in the middle of the residential subdivision), its location may help to mitigate impacts to the
adjacent residential neighborhood. On December 5, 2012 the Development Review Committee (DRC) recommended conditional
approval of this CUP/COA application and their recommended conditions and comments are
included in this report.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the recommended Staff conditions;
2. Approve the application with modifications to the recommended
Staff conditions;
3. Deny the application based on a finding of non-compliance with applicable criteria;
4. Open and continue the public hearing on the application, with
specific direction to Staff or the applicant to supply additional
information or to address specific items.
FISCAL EFFECTS: None identified.
Attachments: Staff Report, Applicant’s submittal materials, public comment
Report compiled on: January 3, 2013
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 1
City Commission Staff Report for the Creekwood Guest House CUP/COA File #Z-12290
Item: A Conditional Use Permit and Certificate of Appropriateness application to allow the operation of the Creekwood Guest House/Vacation Rental (classified as “Extended Stay Lodging” in the
R-1 Zoning District) at 2421 Creekwood Drive.
Owner/Applicant: Phil Sgamma PO Box 7236 Bozeman, MT 59771
Date: City Commission Meeting, January 14, 2013 at 6:00 p.m., in the City Commission Meeting
Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Doug Riley, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________ Project Location
The subject property is located at 2421 Creekwood Drive, just off from Bridger Canyon Drive. The
property is legally described as Lot 50, Creekwood Subdivision, Section 32, T1S, R6E, City of Bozeman, Gallatin County, Montana. The zoning designation for said property is R-1 (Residential
Single Household Low Density District). The property is also located within the Bridger Canyon Class
II Entryway Corridor. Please refer to the vicinity map below.
Proposal/Background
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 2
This proposal involves a request for Conditional Use Permit (CUP) approval to operate the “Creekwood
Guest House” as a vacation rental in the R-1 (Residential Single Household Low Density) District. This
use is classified as “Extended Stay Lodging” within the Bozeman Municipal Code (BMC).
Extended stay lodging is defined within the BMC (Sec. 38.42.1040) as “guest rooms intended or
designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for
sleeping purposes for guests and contain kitchen facilities for food preparation, including, but not
limited to, such facilities as refrigerators, stoves and ovens. Generally an individual guest will not exceed 30 days stay. This definition includes dwelling units used, rented or hired out for vacation homes.”
It should be noted that this use has operated in this location for approximately 2 years. An anonymous
written complaint, (signed as “a concerned landowner in the area”), was filed with the City in August of
this year which resulted in the Planning and Building Departments investigating the complaint and contacting the landowner. In response to those actions, the property owner/applicant has made the
necessary application for the required CUP to operate this land use in this location (see the property
owner’s attached application and narrative explanation).
The City does not currently have specific land use regulations addressing vacation rentals or extended stay lodging. Therefore, this proposed use is reviewed against the CUP criteria of Section 38.19.110 (as addressed later in this report). As this home was constructed in 2008, the home and site improvements
meet all current site development standards for a residential dwelling. The key elements of the City
Commission’s review are largely in determining whether this proposed use, at this location, can be
operated in a manner that complies with the CUP criteria. Since the City does not have specific vacation rental standards, in an effort to determine what may be reasonable conditions for this use, staff obtained sample vacation rental ordinances from other locations to determine what were common or standard
elements of concern or conditions placed on their approval. Staff worked with the applicant in reviewing
these items and found mutually agreeable conditions that are included in this staff report and are being
presented to the City Commission for consideration. These recommended conditions are included in an attempt, if the City Commission is inclined to approve the CUP, to assure this use can be operated harmoniously within this neighborhood setting and that also addresses any public health, safety and
welfare concerns.
With the recommended conditions of approval, staff is generally supportive of this use at this location. Considering that this vacation rental property abuts Bridger Canyon Drive and is located on what could
be considered the entry boundary of the subdivision, (versus being located in the middle of the
residential subdivision), its location may help to mitigate impacts to the adjacent residential
neighborhood.
On December 5, 2012 the Development Review Committee (DRC) recommended conditional approval
of this CUP/COA application and their recommended conditions and comments are included in this
report.
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.
Recommended Conditions:
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 3
1. The maximum number of overnight guests shall not exceed 10 in number.
2. No more than 2 vehicles shall be parked overnight outside of the garage and they shall be parked
on the garage/driveway apron. No parking shall be permitted except on an all-weather drivable surface.
3. No outdoor activities shall be permitted at which more than 20 persons are in attendance. No
outdoor fires shall be permitted and all outdoor activities shall cease by 10 p.m.
4. There shall be no outdoor sleeping, campers or tents permitted on the property at any time.
5. A sign identifying the vacation rental shall be permitted but shall not exceed 4 square feet in size
and shall be affixed to the front of the structure. No detached signage shall be permitted on the
property advertising the guest house.
6. The owner shall assure that the occupants and/or guests of the vacation rental do not create
unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions of
this Conditional Use Permit or state or local laws by notifying occupants of the rules regarding
this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace
officer or place himself or herself in harm’s way.
7. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving
the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten (10) days of reserving the property. Any rental agreement shall include a
written acknowledgment by the renters of compliance with said rules and conditions. The owner
or agent shall also prominently display all the rules and regulations within the unit or on/adjacent
to the interior of the front door.
This information shall also include the following:
a. The name of the property management company, agent, local contact person, or owner of
the property, and a telephone number at which that party may be reached on a 24-hour
basis. b. The trash pick-up day and notification of all rules and regulations regarding trash
removal.
c. The rules, requirements or provisions for seasonal snow removal.
8. A building permit shall be obtained from the City of Bozeman Building Department for any interior or exterior work needed for this facility within 1 month of Conditional Use Permit
approval by the City Commission.
Conclusion/Recommendation
The DRC and Staff have reviewed the Creekwood Guest House CUP/COA and recommends to the City
Commission approval of said application with the conditions outlined in this Staff Report. The applicant
must comply with all provisions of the Bozeman Unified Development Ordinance, which are applicable
to this project, prior to receiving final 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.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 4
Zoning Designation & Land Uses
The property is zoned R-1 (Residential Single-Household Low Density District). The intent of the R-1 District is to provide for primarily single-household residential development and related uses within the
city at urban densities, and to provide for such community facilities and services as will serve the area’s
residents while respecting the residential character and quality of the area.
The following land uses and zoning are adjacent to the subject property:
North: Residential use, zoned “R-S” (Residential Suburban District)
South: (Across Bridger Canyon Drive) Vacant/Residential, Unannexed County Land designated
as “Present Rural” on the Future Lane Use Map
East: Vacant Residential Lot, zoned “R-1” West: Residential use, Unannexed County Land designated as “Residential” on the Future Lane
Use Map
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the Bozeman Community Plan designates the subject property
to develop as Suburban Residential. This category indicates locations generally outside of City limits,
but within the planning area, where a land development pattern has already been set by rural
subdivisions. Subdivisions in this area are generally characterized by lots two acres in size or less. It is
probable that portions of this area may be proposed for annexation within the next twenty years. The area is able to be served with municipal water and sewer services with appropriate extensions of main
lines. Any further development within this area should be clustered to preserve functional open space.
Individual septic and well services are discouraged. If development is proposed within reasonable access
distances to waste water and water services, annexation to the City should be completed prior to
development.
Review Criteria & Staff findings
Section 38.19.110. 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 this home sits on is 0.57 acres (24,836 square feet) in size which is almost 5 times the 5,000
square foot minimum lot size for the R-1 zoning district. The home has been placed in the relative center of the lot with substantially increased setbacks to the property lines from what would normally be
required for an R-1 property. The home was constructed in 2008 to modern site development and
construction standards including a 2 car garage with asphalt apron and driveway for parking. As
evidenced by the supplied photographs, the home is similar in nature to other newer homes in this area
and the Creekwood Subdivision. There is existing landscaping on the property including both new and mature trees and an existing 6 foot tall wooden fence along a portion of the west property line adjoining
the Ed Vogel Subdivision to the west.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 5
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.
As of the writing of this report, two written public comment letters objecting to the proposal have been
received from property owners in the area; one from the property owner to the immediate west and one
across Creekwood Drive to the east (copies of these letters are attached to the end of this report). Any
additional public comments received following this report will be forwarded to the City Commission
prior to the public hearing.
Following review of the proposed application with the inclusion of the recommended conditions, staff
generally finds that the proposed use can be operated with no material adverse effects upon abutting
properties unless evidence presented at the public hearing proves otherwise and warrants any special
conditions as deemed necessary by the City Commission.
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.
As previously indicated the City does not currently have specific land use regulations addressing
vacation rentals or extended stay lodging. Therefore, it is largely under this CUP review criteria that the
proposed use is reviewed in an effort to determine what may be reasonable conditions for this specific
application to assure this use can be operated harmoniously within this neighborhood setting and that also addresses any public health, safety and welfare concerns.
In reviewing this application, staff obtained sample vacation rental ordinances from other locations to
determine what were common or standard elements of concern or conditions placed on their approval.
Staff then worked with the applicant and drafted these mutually agreed upon recommended conditions to present to the Commission.
Recommended Condition #1 has been included to limit the number of overnight guests on the property
at any one time to 10 to limit the intensity of this commercial use on the property to what could be
expected from similarly sized residential homes in the area who may be entertaining overnight guests. This number was achieved based on the number of bedrooms in the home, including the unit above the
garage (5 bedrooms at 2 persons each). This number also falls well within the International Building
Code occupancy standard for residential homes of “one person per 200 square feet of floor area”.
Although this is a commercial use, it does not reach the intensity requiring building code standards for
hotels. Therefore, an alternate standard was explored.
Recommended Condition #2 has been included to address parking on the property and to assure that on-
site parking generally matches what may be typical for other homes in the area and that all parking is on
the paved surfaces.
Recommended Condition #3 has been included to limit the size of any outdoor parties/gatherings on the
site that could impact adjacent residential properties. It also includes that no outdoor fires are permitted
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 6
and that all outdoor activities shall cease by 10 p.m.
Recommended Condition #4 indicates that no outdoor sleeping, campers or tents are permitted on the
property at any time (again, to limit any potential impacts to adjacent properties and to retain the general residential appearance of the property).
Recommended Condition #5 has been included to address any future signage for the vacation rental. The
4 square feet is derived by what is currently allowed for a home occupation within a residential zoning
district. This signage allowance would allow modest signage in order to help vacation renters know they have found their rental destination. The applicant also agreed that any future sign would be affixed to the
front of the home and that no detached signage would be proposed in an effort to limit any commercial
perception.
Recommended Conditions #6 and #7 are fairly standard notification protocols that other municipalities have adopted for vacation rentals to assure that future renters have been notified of the rules governing
their stay, acknowledged these rules, identified contact persons, and requires the posting of the rules
within the unit.
Recommended Condition #8 is included to address any needed building permits for the property for this use.
In regards to noise, staff has specifically cited the City’s noise ordinance in Section 2 below and this
reference would be included in the formal CUP document that would get executed and recorded.
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
This proposed land use and nature of this site is consistent with the Suburban Residential land use
classification in terms of land area and the fact that the property has already been annexed to the City
and is served by all City services including public sewer and water. This use is also permitted within the R-1 zoning district with the approval of a CUP.
2. Conformance to this title, including the cessation of any current violations
If this CUP application is approved, the current zoning and building code violation would be addressed.
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. Staff has cited the following code provisions
that shall also be included in the recorded Conditional Use Permit and to assist/advise the applicant in regards to other City standards that must be adhered to in the operation of this vacation rental:
a. Chapter 16, Article 6 BMC contains the noise ordinance which is derived to protect, preserve,
and promote the health, safety, welfare, peace and quiet of the citizens of the City through the
reduction, control, and prevention of raucous noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of
ordinary sensitivity.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 7
b. Section 12.24.020 BMC contains the sidewalk snow removal requirements for the City. It is the
responsibility of the property owner or property manager of a rental property to provide snow
removal from sidewalks adjoining a rental property within 24 hours of any snow or ice accumulation. The owner may either contract with a snow removal company or may require the
tenant to clear sidewalks.
c. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with
the land, shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing by the applicant prior to commencement of the use and shall be recorded
as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the
final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by
the owner of the land, successor or assigns.
d. Section 38.19.110.I. BMC 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 site
plan approval in Section 38.19.130, 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.
3. Conformance with all other applicable laws, ordinances, and regulations
Following CUP approval, the plans will be further evaluated against the requirements of the
International Building Code at the time application is made for a building permit if required by the Building Department.
It should also be noted that staff has recommended that the owner/applicant consult the
Declaration of Covenants, Conditions and Restrictions & Bylaws for Creekwood Subdivision and
its Homeowners Association for any possible issues, conflicts or requirements for the proposed use of this property as a vacation rental. Any approval of this use by the City of Bozeman does not override any subdivision covenants.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 8
Sec. 38.01.100 - Private restrictions – contains the City’s policy regarding private restrictions as follows:
"This chapter is not intended to affect any existing private agreement or condition such as a deed restriction or covenant. If any provision of this chapter is more restrictive or imposes a higher standard than any such private restriction, the requirements of this chapter shall control. Where the provisions of
any private restriction are more restrictive or impose higher standards than the provisions of this
chapter, the city has no duty to enforce such private restrictions or advise of their existence. The city may enforce a private restriction if the city is a party to such covenant or restriction, if such restriction was required by the city, or if it was relied upon by the city during the land development process in order to meet the requirements of this chapter or another required standard. The city may prohibit
private restrictions that violate matters of law. Covenants are subject to the requirements of section
38.38.030."
4. Relationship of site plan elements to conditions both on and off the property
The existing home was constructed in 2008 and conforms to all current site development standards for a
residential dwelling. The home has been constructed in roughly the middle of the over one-half acre lot.
In consideration of this proposed use, this home is located adjacent to Bridger Canyon Drive with access taken off from Creekwood Drive and a small cul-de-sac area (see applicant’s aerial photo).
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking will be required to meet the City’s minimum standards. Recommended Condition #2 has been included to limit the amount of outdoor overnight parking to assure that parking remains comparable to other residential homes. Traffic levels may fluctuate based on rentals but, considering the
overnight occupant limit (Recommended Condition #1) it should be comparable to other residences of
this size. In addition, due to periods when the home is not rented, traffic will obviously be minimized.
Therefore, overall traffic levels, on average, over time, would probably be considered comparable to similar residential homes.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Vehicle access is off from Creekwood Drive and remains unchanged. There is existing sidewalk along Creekwood Drive that, when the adjoining sidewalks are completed, will be tied into the Creekwood Subdivision sidewalk system. This property is
also adjacent to the asphalt shared use pathway along Bridger Canyon Drive that was constructed as part
of Creekwood Subdivision improvements.
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
No changes to the existing landscaping is proposed as part of this application.
8. Open space
Open space is provided on the lot within the provided building yard setbacks. Parkland was provided for
the Creekwood Subdivision as part of the subdivision development. This property also abuts the shared
use path that was constructed along Bridger Canyon Drive as part of the subdivision development. 9. Building location and height
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 9
No physical alterations are proposed for the existing building. The building height will remain
unchanged.
10. Setbacks
As previously noted, the home was placed in approximately the center of the 24,836 square foot lot. The
approximate setbacks of the home, compared to the R-1 minimum setbacks, are as follows:
Front Yard (East): Required: 15 feet Provided: 70 feet
Rear Yard (West): Required: 20 feet Provided: 55 feet
Side Yard (North): Required: 5 feet Provided: 26 feet
Side Yard (South): Required: 5 feet Provided: 20 feet
11. Lighting
No changes to lighting, and no additional lighting, are proposed as part of this application.
12. Provisions for utilities, including efficient public services and facilities
The site is fully served by public and private utilities. No changes to the sewer and water connections or
private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed. The Engineering Department did not have any
concerns regarding drainage as part of this application.
14. Loading and unloading areas
N/A.
15. Grading
No changes to the site grading are proposed as part of this application.
16. Signage
No specific signage is requested as part of this application. However, the applicant has indicated that he would like to install a small sign on the front of the vacation rental at some point in the future in order to
help vacation renters identify the location. Recommended condition #5 addresses this issue as previously
discussed under the CUP criteria.
17. Screening
No screening is specifically required with this application. There is some existing mature vegetation
located on the lot as well as a 6 foot wooden fence along a portion of the western boundary.
18. Overlay district provisions
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 10
This project is located within the Class II Bridger Canyon Entryway Corridor and thus requires
Certificate of Appropriateness approval as part of this application. However, no external modifications
to the existing structure or design are proposed as part of this use.
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, two written public comment letters objecting to the proposal have been
received from property owners in the area; one from the property owner to the immediate west and one
across Creekwood Drive to the east (copies of these letters are attached to the end of this report). Any additional public comments received following this report will be forwarded to the City Commission
prior to the public hearing.
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to
become nonconforming.
Not applicable
21. Compliance with Article 8 of Chapter 10, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
Attachments: Applicant’s Submittal Materials
Report Sent to: Phil Sgamma, PO Box 7236, Bozeman, MT 59771
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DEPARTMENT OF PLANNING
AND COMMUNITY DEVELOPMENT
CONDITIONAL USE PERMIT/COA
APPLICATION
CREEKWOOD GUEST HOUSE
PROPOSAL FOR VACATION RENTAL
2421 CREEKWOOD DR. BOZEMAN MT
PHIL SGAMMA
philz101@yahoo.com
406.5439.4239
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FORWARD
Construction of this home in the Creekwood Subdivision began in 2008.
After purchasing the lot in 2007, unfortunately at pre recession prices, I
needed to complete the project of building the home and either living in it
or selling the house. Timing was bad as real estate markets across the
country collapsed. The ability to sell the house and break even was not
even possible. At that time, my home and 2 others where the original
homes built in the subdivision of 50 lots. Lots that have been available
during the last 4 to 5 years are ½ or ⅓ of their value pre 2007. The
plan soon became obvious that I would move into this beautifully built
farmhouse style home, and hope that housing prices would appreciate and
that real estate markets would improve.
My family and I moved into the house in the fall of 2009, with it still
on the market for sale, and completing the final touches to the house
while living in it. My work takes me and my family out of town during the
summer months, so in an effort to cover the mortgage and pre-recession
tax bill on the house, I offered it up for rent during the summer months,
with all my furniture in the house. After struggling with that plan during the
summer of 2010, I did manage to find some long term renters for the winter
of ‘10-11, and proceeded to rent the house out on a weekly and monthly
basis during the summer of 2011. This was helping immensely with paying
the expenses of owning this home. The Creekwood subdivision was still
sparsely being built up that summer after the original developer foreclosed
on his unsold lots. First Interstate Bank held the note and slashed lot prices
and brought in Ebbighausen Homes to build and develop a majority of
the lots with smaller homes. During the winter of 2011-’12 I again had
the same long term renters in for the winter, and my family and I rented a
condo on the west side of town which was financially a smarter move for
us.
During the summer of 2012, I had 5 different families stay at the house
throughout the summer and this has helped substantially with coming close
to covering the costs of the home. Losing less rather than so much as to
have to possibly foreclose on the property.
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This all being mentioned, and with a background and small business
in property management, this home is very well suited to being a vacation
rental. Finely crafted, with open and roomy space in the 3,337 sq. foot
interior, this home has been a highlight to the families that have come to
enjoy Bozeman. The proximity to Bridger Canyon Drive, and corner lot
next to the open space walking trails provides guest with opportunities
to enjoy some the great amenities of Bozeman, without having to disturb
others or create traffic congestion within the subdivision. Less impact
on the subdivision and neighborhood. There is ample parking on the
property with garage space for 2 vehicles, and 2 additional spaces for
parking in the driveway. The old growth willow trees and newly planted fir
trees on the property provide privacy for guests and neighbors. There is
also an existing 6 foot wood fence on the west side of the property along
the Ed Vogel subdivision to the west. The easy access to Bridger Bowl,
downtown Bozeman, the open public park at the end of Creekwood Drive,
and outdoor walking and hiking on city trails, fish hatchery, and Bridger
foot hills public land have been very positive comments from some of the
guests that I have had.
As an owner of rental property in Bozeman, I understand the
importance of having quality renters, whether long term or short term.
I make it very well understood that excessive noise or disturbance of
neighbors will not be tolerated. I have never had a complaint of this nature,
and know the adjoining neighbor personally. I have always kept the lines of
communication open.
I do take full responsibility for my lack of knowledge on the city
conditional use permit process and would certainly have submitted this
application sooner. As mentioned, I have been trying to hang onto the
property from a financial end as best as I can, and believe that the vacation
rental use of this home provides a great asset to the community and
visitors alike.
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CREEKWOOD GUEST HOUSE
LOCATION IN BOZEMAN
2421 CREEKWOOD DRIVE
CREEKWOOD SUBDIVISION OFF BRIDGER CANYON DR.
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ACCESS TO PROPERTY
FROM BRIDGER CANYON DR.
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EXISTING LANDSCAPING ON PROPERTY
MATURE WILLOW TREES
(NORTH AND WEST SIDE)
NEWLY PLANTED SPRUCE TREES
(WEST AND SOUTH SIDE)
EXISTING 6 FOOT WOOD FENCE ON WEST SIDE
SHADED BROWN ZONES ARE OPEN SPACE TRAILS
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FRONT AND SIDE VIEW OF
CREEKWOOD GUEST HOUSE
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INTERIOR KITCHEN AND LIVING ROOM
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