HomeMy WebLinkAboutConsideration to vacate a Conditional Use Permit and allow reconstruction, 1111 South Willson
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Director
SUBJECT: #Z-12192A – Vacation of the Churchill conditional use permit for accessory dwelling unit at 1111 South Willson Avenue.
MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Action (Quasi-Judicial Item)
RECOMMENDATION: Vacate Conditional Use Permit approved on September 10, 2012 while
retaining the approved Certificate of Appropriateness. RECOMMENDED MOTION: “Having reviewed the submitted materials, considered
public comment, and considered all of the information presented, I hereby find the determination
of the Interim Director dated April 8, 2013 to be correct and move to vacate Conditional Use
Permit Z-12192 for an accessory dwelling unit and to retain the approval of the associated certificate of appropriateness.”
BACKGROUND: On August 27, 2011 a fire at 1111 South Willson Avenue severely
damaged the two household dwelling at that address. The property is zoned as R-1. Analysis of
the structure indicated that the property was not salvageable. The property owner proposed to remove the existing damaged structure and replace it with a single household residence and an accessory dwelling unit. As the property is zoned R-1 the approval for an accessory dwelling unit
was completed through a conditional use permit. Given the information available at the time this
seemed the closest replacement available to what had previously been present. The proposal
appeared to generally conform to relevant adopted standards and was approved on September 10, 2012. The final site plan for the project was approved on October 25, 2012.
Construction of the new building began in January 2013. After that date the owner approached
Interim Director Steve Worthington to discuss the project and the restrictions applicable to the
accessory dwelling unit. A formal request was received on March 26, 2013 for the City to reconsider the requirement for the conditional use permit. The owner provided new information that the prior two dwelling structure had been a lawful, non-conforming structure. Previously it
was believed that the structure damaged in the fire had not been lawful and therefore could not
have been reconstructed.
Mr. Worthington evaluated the request and on April 8, 2013 issued a determination that the owner had proven that the previously existing structure was lawful. As the new structure was
approved through a conditional use permit process it was determined to use that process to
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evaluate the request for removal of the conditional use permit and associated restrictions
pertaining to the accessory dwelling unit. A public notice was therefore issued and a public
hearing scheduled before the City Commission.
The April 8, 2013 determination by Interim Director Worthington is included with the packet as
the first item after this cover memo. The determination sets forth the reasoning and basis in the
municipal code for his determination and is effectively the staff report for this agenda item.
After consultation with the City Attorney it was decided that the appropriate procedure for the City Commission to consider is to vacate Conditional Use Permit Z-12192 but to retain the
Certificate of Appropriateness which was a companion process. If the Commission finds the
Interim Director’s determination was correct, the applicant intends to reconfigure the basement
portion of the existing partially completed structure to have three bedrooms rather than the single
bedroom allowed an accessory dwelling unit. This will permit the lot to have a two-household dwelling on it. Owner occupancy of the premises will no longer be required. If the City
Commission acts to vacate the Conditional Use Permit staff will prepare a release of the
restrictions recorded with the Gallatin County Clerk and Recorder as part of the Conditional Use
Permit.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1) Find that the Interim Director correctly interpreted the code and vacate
Conditional Use Permit Z-12092.
2) Find that the Interim Director did not correctly interpret the code and retain Conditional Use
Permit Z-12192 as presently in effect.
FISCAL EFFECTS: None
Attachments: April 8, 2013 determination
Application materials
Drawings illustrating the existing and proposed layout for the basement.
Original staff report for CUP Z-12192
Report compiled on: April 24, 2013
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UPUP2A301.1J1A301.12729281A301.22A301.230262A301.37' - 6 1/2"2' - 0"5' - 8 1/4"7' - 8 1/4"3110' - 0 1/2"14' - 7 1/2"9' - 2 1/2"11' - 6"18' - 8"2' - 5 1/2"9' - 0 1/2"5' - 2 1/2"4' - 0"11' - 3 1/2"16' - 0"CL.CL.8' - 0 1/2"3' - 5 1/2"3' - 6 1/2"2' - 2"9' - 5"3' - 6"4' - 2 1/4"2' - 0"6' - 0 1/2"JADU LIVNG.19ADU KITCH.20ADU BED21ADU HALL22ADU BATH23MECH18MEDIA17KK7' - 6"3' - 9 1/2"13' - 0 1/2"58' - 4"18' - 0"KKJ3' - 4 3/4"17' - 6 3/4"6' - 3 1/2"6' - 9"9' - 0"40' - 0"6' - 10 3/4"6' - 9 3/4"2' - 3 1/2"11' - 11 1/2"13' - 4 3/4"14' - 7 3/4"40' - 0"1A301.3211 HR RATED WALLTYPE X GYP. BOTH SIDESMIN. 1 HR RATED SEPERATIONBETWEEN BSMNT & MAIN FLR.TYPE X GYP. ON BCI JOISTSCONC. FLOOR OVER 3/4" T&G SUBFLR.1 HR RATED WALLTYPE X GYP. BOTH SIDES1' - 6"4' - 4"www.oym-d.comScaleProject numberDateDrawn byChecked byConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailPO BOX 991 BOZEMAN, MT 59771406.599.3024 | 406.580.5488NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTIONNOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION 1/4" = 1'-0"4/16/2013 5:46:36 PMA101.0BASEMENT PLANProject Number1111 S WILLSON AVECHURCHILLIssue DateAuthorChecker 1/4" = 1'-0"1BASEMENT PLANEGRESSNo. Description Date314
UPUP2A301.1J1A301.12729281A301.22A301.230262A301.37' - 6 1/2"2' - 0"5' - 8 1/4"7' - 8 1/4"10' - 0 1/2"14' - 7 1/2"9' - 2 1/2"11' - 6"18' - 8"2' - 5 1/2"9' - 0 1/2"5' - 2 1/2"4' - 0"11' - 3 1/2"16' - 0"CL.CL.8' - 0 1/2"3' - 5 1/2"3' - 6 1/2"2' - 2"9' - 5"3' - 6"4' - 2 1/4"JLIVINGROOM19KITCHEN20BEDROOM 0121HALL22BATH23BEDROOM 0218BEDROOM 0317KK7' - 6"3' - 9 1/2"13' - 0 1/2"58' - 4"18' - 0"KKJ3' - 4 3/4"17' - 6 3/4"6' - 3 1/2"6' - 9"9' - 0"40' - 0"6' - 10 3/4"6' - 9 3/4"2' - 3 1/2"11' - 11 1/2"13' - 4 3/4"14' - 7 3/4"40' - 0"1A301.3211 HR RATED WALLTYPE X GYP. BOTH SIDESMIN. 1 HR RATED SEPERATIONBETWEEN BSMNT & MAIN FLR.TYPE X GYP. ON BCI JOISTSCONC. FLOOR OVER 3/4" T&G SUBFLR.1' - 6"4' - 4"32333413' - 8"9' - 1"3' - 0"11' - 2 1/2"12' - 4 1/4"1' - 6"1' - 6"1' - 9"354' - 0"10' - 11"10' - 0"2' - 6 1/4"12' - 9 3/4"CL.CRAWL SPACE30 MIN RATED DOOR30 MIN RATED DOORwww.oym-d.comScaleProject numberDateDrawn byChecked byConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailConsultantAddressAddressPhoneFaxe-mailPO BOX 991 BOZEMAN, MT 59771406.599.3024 | 406.580.5488NOT FOR CONSTRUCTIONNOT FOR CONSTRUCTIONNOT FOR CONSTRUCTIONNOT FOR CONSTRUCTION 1/4" = 1'-0"4/17/2013 10:37:53 AMA101.0BASEMENT PLANProject Number1111 S WILLSON AVECHURCHILLIssue DateAuthorChecker 1/4" = 1'-0"1BASEMENT PLANEGRESSNo. Description Date315
#Z-12192 Churchill ADU CUP Staff Report 1
City Commission Staff Report for
Churchill Accessory Dwelling Unit in
R-1 Zoning District - CUP
File #Z-12192
Item: A Conditional Use Permit and Certificate of Appropriateness application to allow an Accessory Dwelling Unit in the home located at 1111 S. Willson Avenue, zoned R-1, Residential
Single Household Low-Density District
Owner: Barton Churchill, PO Box 3268, Beverly MA 01915
Applicant/Representative: OYM-Design, PO Box 991, Bozeman MT 59771
Date: City Commission Meeting, September 10, 2012, 6:00 p.m., in the City Commission
Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Chris Saunders, Assistant Director
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location The site is located at 1111 South Willson Avenue. The property is legally described as Lots 6&7,
Block 12, Butte Addition in Section 18, Township 2 South and Range 6 East.
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#Z-12192 Churchill ADU CUP Staff Report 2
Proposal/Background
The parcels have been developed with the current home since 1950. On August 27, 2011 a fire
severely damaged the building. The proposal is for the demolition of the existing damaged
structure and construction of a new single detached home and includes a request to install an
Accessory Dwelling Unit (ADU). The ADU is located in the basement of the main home. As
accessory dwelling units are a conditional use in the R-1 zoning district, a conditional use permit (CUP) has been requested. The property is located within the neighborhood conservation overlay
district.
Staff finds the proposal compliant with all City of Bozeman standards for ADU use within the
R-1 zoning district including parking, lot area, utilities, setbacks, building height, ADU square footage and entrance location. Occupancy standards will be recorded with the CUP at the
Gallatin Clerk and Recorder’s office.
This review is being conducted for the CUP to mitigate the impacts that might arise from an
ADU use in an R-1 zoning District.
As required, the accessory dwelling unit is part of the principal dwelling and is clearly incidental
to the principal dwelling by meeting the following criteria under Section 38.22.030.A.9:
a. The accessory dwelling unit is created only in a single-household detached dwelling unit
on a lot of 6,000 square feet or more; b. The accessory dwelling does not exceed one-third of the total area of the principal
structure; and,
c. The accessory dwelling unit is created through internal conversion of the principal
structure.
d. The entrance is separate from the entrance of the principal structure and the entrance is located in the side yard.
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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. Prior to issuance of a building permit, either the two lots shall be aggregated through a
subdivision exemption, or the home shall be redesigned to provide for the required fire
separation along the property line in accordance with the provisions of the building code.
2. Parking for the ADU provided to the side of the garage shall be maintained for exclusive use of the accessory dwelling unit.
3. The ADU shall not be expanded without being subject to applicable CUP provisions
established in Chapter 38.19, BMC
4. Upon submitting the Final Site Plan for approval by the Planning Director, and prior to
the issuance of a building permit, the applicant will also submit a written narrative outlining how each of the above conditions of approval and code provisions have been
satisfied or met.
5. Trees shall not be planted within 10 feet of any water or sewer service line.
6. Section 38.21.060.A.2 limits the amount the balcony can encroach into the required side
yard. Prior to approval of Final Site Plan, the balcony encroachment must be labeled and clarified to conform to this requirement.
Code Provisions:
A. Section 38.19.110.F, In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
B. Section 38.19.110. I, Termination/Revocation of Conditional Use Permit approval. 1. Conditional use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A conditional use permit will be considered as
terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years;
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b. Final zoning approval to reuse the property for another principal or conditional
use is granted;
c. The use or development of the site is not begun within the time limits of the
final plan approval in Section 19.38.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either
the review and approval of a new conditional use permit application, or a determination
by the Planning Director that the local circumstances and regulatory requirements are
essentially the same as at the time of the original approval. A denial of renewal by the
Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final
approval, all activities must comply with any conditions of approval or code
requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC.
C. Section 38.19.120, Final Plan, states that no later than six months after the date of
approval of a preliminary plan, the applicant shall submit to the Planning Department a
final plan with accompanying application form and review fee. The number of copies of the final plan to be submitted shall be established by the Planning Director. The final plan
shall contain the materials required in 38.41.080 and 38.71.090 BMC and whatever
revisions to the preliminary site plan or master site plan are required to comply with any
conditions of approval. Prior to the passage of six months, the applicant may seek an
extension of not more than an additional six months from the Planning Director. In addition the owner shall submit a certification of completion and compliance stating that
they understand any conditions of approval and the submitted final plans have complied
with any conditions of approval or corrections to comply with code provisions.
D. Section 38.22.030.A.1 The detached dwelling unit within which the accessory dwelling unit is located, or the accessory dwelling unit itself, is actually and physically occupied as
a principal residence by at least one owner of record who possesses at least an estate for
life or a 50 percent fee simple ownership interest. No more than one of the dwellings,
either the principal dwelling or the accessory dwelling, may be rented by non-owners at
the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing
the single rental restriction as allowed in section 38.39.080.B, as a condition of approval;
E. Section 38.22.030.A.3 states the occupancy of the accessory dwelling unit shall not
exceed two persons.
F. Section 38.23.150 F Lighting Specifications for All Lighting, states that in all light
fixtures, the light source and associated lenses shall not protrude below the edge of the
light fixture, and shall not be visible from adjacent streets or properties. For lighting
horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted above 90 degrees at any lateral
angle around the fixture).
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G. Section 38.26.100 A. Landscaping General Maintenance states required landscaping
must be maintained in a healthy, growing condition at all times. The property owner is
responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings as needed. Failure to maintain required landscaping in
a healthy growing condition at all times may result in revocation of an occupancy permit.
When enforcing this provision of this chapter, external factors such as seasonality and
availability of landscape stock shall be considered before any action to revoke an
occupancy permit is taken. H. Section 38.34.100 states that a building permit shall be obtained within one year of
approval, or said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Planning Director.
I. Section 38.34.110 states that no permit or license shall be issued unless the use,
arrangement and construction has been set forth in such approved plans and applications.
Conditions and Code Provisions from other DRC members:
J. Appropriate fire separation between the principal dwelling and the ADU is required.
Contact the Building Division at 582-2375 for current requirements
Building/Fire
K. Section 40.02.750 Protective Devices, In Accordance with the BMC Section 40.02.750 the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is
installed that the device is appropriate for the level of use for the facility. If the service
has been found without backflow protection the applicant will have a preventer and
expansion tank installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection.
Water and Sewer
L. Any existing damaged city sidewalk panels fronting the property shall be replaced as part of the project.
Engineering
Conclusion/Recommendation
The DRC and Staff have reviewed the Churchill ADU proposal and recommend City Commission approval of the application with the conditions and code provisions outlined in this Staff Report. The applicant must comply with all provisions of the Bozeman Unified
Development Code, which are applicable to this project, prior to receiving Final Site Plan
approval. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
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Zoning Designation & Land Uses
The property is zoned R-1, Residential Single Household Low Density District. The intent of the
R-1 residential single-household low density 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 Single household, zoned R-1
South: Residential Single household, zoned R-1
East: Residential Single household, zoned R-1
West: Residential Single household, zoned R-1
Adopted Growth Policy Designation
The Future Land Use Map (Figure 3-1) of the recently updated 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.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
Bozeman Review Criteria & Staff findings
Section 38.19.110.E. CONDITIONAL USE PERMIT; Consideration and Findings for
Conditional Use Permits In addition to the plan review criteria contained in Section 38.19.100 below, the Review
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Authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity.
The lot is 6,752 square feet in area. Landscaping and open space comprises approximately
72% of the lot. The parking requirements have been met for both the principal residence and
the ADU. An existing detached garage provides parking for the main dwelling and an additional parking stall is provided adjacent to the garage for the use of the ADU. Access to
this parking is accessed from the alley. Landscaping will be typical for a single family home.
Per city standard, the homeowner is required to maintain 75 percent coverage of all yards
with natural grass, vegetative groundcover or other natural living plant materials, the
remainder of which is covered with nonvegatative decorative landscape design elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains,
benches, etc. For the purposes of landscaping the “yard area” includes all those areas from
the building wall to the property line exclusive of drive accesses and walkways.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof.
A notice was placed in the front yard and surrounding property owners within 200 feet of the
property were mailed notices informing them of the proposed use and variance request, per
UDO requirements. No public comment had been received at the time of writing this staff report. Any public comment received hereafter will be forwarded to the City Commission
members prior to the public hearing.
Staff does not anticipate any adverse effect upon the abutting property and feel any concerns
arising from the establishment of an ADU are mitigated by the conditions and code provisions listed in this report.
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds;
regulation of noise, vibrations and odors; regulation of hours for certain activities; time
period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner.
Staff has developed, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. A CUP document will be prepared incorporating all conditions and code provisions for recordation.
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Section 38.19.100 Plan Review Criteria In considering applications for plan approval under this title, the review authority and advisory
bodies shall consider the following criteria:
1. Conformance to and consistency with the City’s adopted growth policy The Butte Addition and original site development predated the City’s first growth policy in
1958. The site is presently designated as Residential and the proposed use of the site is
residential. The growth policy encourages infill development and reinvestment in existing
developed portions of the community. Evaluation of the project against the goals and objectives of the growth policy indicates that the site complies with the growth policy.
2. Conformance to this chapter, including the cessation of any current violations
Staff is not aware of any current violations on the subject property. The applicant is advised
that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements
of the Bozeman Municipal Code or state law.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Site Plan will be reviewed to ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time
application is made for a Building Permit.
The building code requires fire separation and protection along property lines. As the existing
damaged home currently straddles the existing property line and will be a entirely demolished, the new home must conform to the present building code. This includes a
requirement to fire separate along the property line. This would require substantial redesign
of the home. Alternatively, the parcels may be combined by a subdivision exemption which
would remove the lot line and remove the need to provide fire separation.
4. Relationship of site plan elements to conditions both on and off the property The site plan for the home shows a similar layout and pattern to surrounding properties. The
lot layout is typical for a residential parcel in the neighborhood conservation overlay district.
Circulation patterns connect to adjacent streets, alleys, and sidewalks.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions Staff finds the parking for the principal dwelling and proposed ADU are adequately
addressed with the applicant’s proposal. No material impact is expected.
6. Pedestrian and vehicular ingress and egress Pedestrian and vehicular ingress and egress is typical and similar to other single family
developments within the surrounding developed area. Repair of broken sidewalk panels is
required as part of the project to maintain functional pedestrian circulation.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural
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vegetation
• Bozeman Municipal Code (BMC) requires that yard landscaping be maintained to
provide vegetative cover for at least 75% of the yard area exclusive of buildings, driveways and walkways and that it be maintained in a healthy condition.
• The building has been designed to appear as a single family dwelling.
• Open space: there is no open space requirement with this application, beyond the required
R-1 setbacks established in the BMC. The required setbacks have been met.
8. Open space
There are no open space requirements associated with this application other than required
yard setbacks which are met (see above).
9. Building location and height The main building is located so that the front of the structure meets required setbacks and is
similar in pattern to the adjacent development. The building complies with all required side
yards. There is an existing detached garage which also meets setback locations. The new
building is two stories and 28 feet 4 inches which complies with applicable height limits.
10. Setbacks
These standards are met by the existing condition and are unchanged with the applicant’s
proposal.
11. Lighting No exterior lighting modification is proposed with this application. See code provisions listed
in this staff report.
12. Provisions for utilities, including efficient public services and facilities Not applicable. The electrical plan is reviewed during building permit review, and a
condition regarding a backflow prevention device was provided. Impact fees will be due
prior to issuance of building permit for the addition of the ADU.
13. Site surface drainage Additional driveway surfacing and concrete entryway is minimal and within what’s allowed
for a single family dwelling.
14. Loading and unloading areas
No loading areas are proposed with this application.
15. Grading
The grading is unchanged with this application
16. Signage No signage is proposed or permitted for this use.
17. Screening
None required.
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18. Overlay district provisions
The site is located within the neighborhood conservation overlay district which requires
review for historic compatibility. These are addressed through the certificate of appropriateness review under section 38.16.050. Evaluation of the review criteria show that
the proposed structural design and materials conform to the requirements. See the attached
ADR review memo. As shown in the application materials the existing structure was
damaged to the extent that its removal and replacement complies with all criteria for removal
of the structure.
19. Other related matters, including relevant comment from affected parties No public comment has been received at this time.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration
or use of the property or cause the development to become nonconforming; or,
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.
The site is lots 6 and 7 of block 12 of the Butte Addition. All use of the lots are interdependent to meet the minimum standards of the chapter and the building code.
21. Compliance with Chapter 10, Article 8, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable
Attachments: Application
Administrative Design Review Memo
Report Sent to: Barton Churchill, Barton Churchill, PO Box 3268, Beverly MA 01915 OYM-Design, PO Box 991, Bozeman MT 59771
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