HomeMy WebLinkAboutCreekwood Guest House Conditional Use Permit and Certificate of appropriateness
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Steve Worthington, Director of 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: April 1, 2013 (Continued from the January 14, 2013 Meeting)
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 updated March 21, 2013 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: The City Commission opened and continued the public hearing for this application on January 14, 2013; “extending the hearing 45 days or the earliest meeting after 45 days, and directing staff to supply additional information in two weeks about whether the HOA
has acted.” (See attached City Commission minutes from that meeting).
Staff contacted the representative for the Creekwood HOA (Faure Halvorsen Architects) in January and again in March (see attached e-mail string) requesting their position or any feedback from the HOA on this application. No feedback or response from the HOA has been received to
date. Therefore, in fairness to the applicant, this item was placed on the April 1, 2013 City
Commission meeting in accordance with the general timeline established by the Commission.
Staff also “re-noticed” the project by mailing a new notice of the April 1 rescheduled meeting to the property owners within 200 feet of the site, re-posting the property and sending the notice to the HOA representative.
The property owner/applicant has now proposed, which he indicated was a result of his own
discussions with the HOA, that his Conditional Use permit terminate when the property is sold to a different owner or in 3 years time whichever comes first (see attached letter dated March 19, 2013). This is a change from his original application and the discussion at the City Commission
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meeting on January 14, 2013 where the permit was discussed to “run with the land” (i.e. if any
future owners would abide by the same permit conditions), and would not include a specific
termination date.
Therefore, staff has amended the original recommended conditions of approval to include such a
termination condition (Recommended Condition #9 on page 4 of the attached/updated staff
report). Such a termination provision is certainly contemplated and allowed within the
Conditional Use Permit Review Criteria of the BMC under “duration of use” as noted on page 6
and 7 of the updated staff 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 the Commission’s findings of non- compliance with the applicable CUP criteria contained within the
staff report;
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: Updated Staff Report, 1/14/13 Commission Minutes, Staff e-mails with HOA
representative, 3/19/13 Letter from Applicant, Applicant’s submittal materials, public comment
Report compiled on: March 21, 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 (Updated 3/21/13 – Updates shown in red)
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. (Open and continued)
City Commission Meeting, April 1, 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.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 2
Proposal/Background
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.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 3
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.
The City Commission opened and continued the public hearing for this application on January 14, 2013;
extending the hearing 45 days or the earliest meeting after 45 days, and directing staff to supply additional information in two weeks about whether the HOA (Creekwood Homeowners Association) has acted.
Staff contacted the representative (Faure Halvorsen Architects) for the Creekwood HOA in January and
again in March (see attached e-mail string) requesting their position or any feedback from the HOA on
this proposed application. No feedback or response from the HOA has been received to date. Therefore, in fairness to the applicant, this item was placed on the April 1, 2013 City Commission meeting. Staff
also “re-noticed” the project by mailing a new notice of the April 1 rescheduled meeting to the property
owners within 200 feet of the site, re-posting the property and sending the notice to the HOA
representative.
The property owner/applicant has now proposed, which he indicated was a result of his own discussions
with the HOA, that his Conditional Use permit terminate when the property is sold to a different owner
or in 3 years time whichever comes first (see attached letter dated March 19, 2013).
Therefore, staff has amended the below recommended conditions of approval to include such a termination condition (Recommended Condition #9). Staff also amended CUP review criteria #3 (which
includes the section of the BMC which allows the Commission to limit the “Duration of Use” for a
CUP) to address the applicant’s proposed amendment/representation.
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:
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.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 4
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.
9. As represented by the applicant, the Conditional Use Permit, and the operation of the Extended
Stay Lodging facility, will terminate upon the sale of the property to a different owner or in 3 years (April 1, 2016) whichever occurs first.
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.
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.
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 5
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.
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
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 6
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 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
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#Z-12290 Creekwood Guest House CUP/COA Staff Report 7
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.
Recommended Condition #9 has been included to address the termination of the CUP as proposed by the
applicant in his letter of March 19, 2013. This termination provision was proposed following the initial
public hearing on January 14, 2013 and the applicant’s discussions with the Creekwood HOA. The
length of a conditional use permit is specifically contemplated/authorized under the “duration of use”
portion of the CUP review criteria.
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 8
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 9
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 10
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 11
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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