HomeMy WebLinkAboutCertificate of Appropriateness with Deviations for 609 South 6th Avenue
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Planner I/ Historic Preservation Officer
Wendy Thomas, Community Development Director SUBJECT: A Certificate of Appropriateness with Deviations application is requesting
the following alterations at 609 South 6th
Avenue: 1) demolition of the existing accessory garage,
2) new construction of a new accessory garage, and 3) landscaping and related site
improvements.
MEETING DATE: May 13, 2013
AGENDA ITEM TYPE: Action
RECOMMENDATION: Staff is recommending conditional approval of the Frost/ Kerin
Accessory Garage Certificate of Appropriateness with Deviations application, file #Z-13060,
because it is found to meet all applicable standards and criteria of Section 38.16.050 and
38.16.070 of the Bozeman Municipal Code as described in the staff report. The recommended
conditions of approval and code provisions are listed on page three of the staff report. Staff’s analysis of the criteria for granting a deviation begin on page seven of the attached repot. 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 file #Z-13060 and move to approve the Frost/ Kerin Accessory Garage Certificate of Appropriateness with Deviations application with conditions and subject to
all applicable code provisions.
BACKGROUND: Property owners and applicants Rick Kerin and Mary Frost submitted a Certificate of Appropriateness with Deviations application that proposes the following alterations at 609 South 6th
Avenue: 1) demolition of the existing accessory garage, 2) new construction of a
new accessory garage, and 3) landscaping and related site improvements. The property is zoned
R-2 (Residential Medium Density) and is located within the Neighborhood Conservation
Overlay District and the Cooper Park Historic District, on the National Register of Historic Places.
Two deviations from the Bozeman Municipal Code are required for this application:
• The first is requested from Section 38.21.050 “Accessory buildings, uses and equipment”
G, to allow the proposed accessory structure to be located on the rear property line.
• The second deviation requested is from Section 38.21.050 “Accessory buildings, uses and equipment” H, to allow accessory structures to exceed the maximum 20 percent rear lot
coverage allowed by Municipal Code.
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A Zero Lot Line agreement with the property owner to the south enables construction of a new
accessory structure on or near the lot line without a deviation from BMC Section 38.08.050
“Yards,” which requires a minimum five foot side yard.
The requested deviations are in front of the City Commission as the dimensional deviations
requested exceed the 20 percent threshold for review by the Community Development Director.
In order to be reviewed by the Community Development Director the first deviation requested
would be limited to 4.8 feet from the rear property line (80 percent of the six foot rear yard
setback for accessory structures under 600 square feet).
Public noticing for the project occurred during the week of April 10, 2013 and included posting
on site, listing in the legal section of the Bozeman Daily Chronicle and the notification of
neighboring property owners within 200 feet. No public comment has been received by the
Department of Planning for this project. If public comment is received prior to the City Commission public hearing, Staff will forward it to the Commission for their consideration.
Staff is aware of the applicant’s efforts in meeting with their neighbors to explain and describe
their project.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
ALTERNATIVES: The City Commission has the following alternative actions available:
1. Approve the application with modifications to the Staff recommended conditions;
2. Deny the application based on a finding of non-compliance with applicable criteria; or 3. Open and continue the public hearing on the application, with specific direction to
Staff or the applicant to supply additional information.
FISCAL EFFECTS: None identified at this time.
Report compiled on: May 2, 2013
Attachments: Staff Report
Application materials
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Frost/ Kerin Accessory Structure Staff Report Page 1 609 South 6th Avenue
City Commission Staff Report for the Kerin/ Frost
Accessory Structure - Certificate of Appropriateness
Application with Deviations for encroachment into the
rear yard, File #Z-13060
Item: A Certificate of Appropriateness with Deviations application is requesting the following
alterations at 609 South 6th
Avenue: 1) demolition of the existing accessory garage, 2) new construction
of a new accessory garage, and 3) landscaping and related site improvements. The property is zoned R-2 (Residential Medium Density) and is located within the Neighborhood Conservation Overlay District and the Cooper Park Historic District, on the National Register of Historic Places.
Property Owner & Applicant: Richard Kerin and Mary Frost, 609 South 6th
Avenue, Bozeman, MT
59715
Public Hearing Date: Monday, May 13, 2013 at 6:00 p.m. in the City Commission Meeting Room,
City Hall, 121 North Rouse Avenue.
Staff Report By: Courtney Kramer, Planner I/ Historic Preservation Officer Recommendation: Conditional Approval of the Sketch Plan COA and Deviations
______________________________________________________________________________
Project Location
The property is addressed as 609 South 6th
Avenue and is legally described as the Lots 5 & 6, Block 41,
Park Addition, City of Bozeman, Gallatin County, Montana and is within the boundaries of the
Neighborhood Conservation Overlay District and the Cooper Park Historic District, on the National Register of Historic Places.
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Frost/ Kerin Accessory Structure Report Page 2 609 South 6th Avenue
Zoning Designation & Land Uses
The subject property is a single-household residence, zoned R-2 (Residential two-household, Medium
Density). The intent of the R-2 residential two-household medium density district is to provide for one-
and two-household residential development at urban densities within the city in areas that present few or
no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area.
The following land uses and zoning are adjacent to the subject property:
North: Single-household residential, zoned R-2;
South: Single-household residential, zoned R-2;
East: Single-household residential, zoned R-2; and
West: Duplex/ Triplex residential, zoned R-2.
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
as Residential. This category designates places where the primary activity is urban density dwellings.
Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools.
Proposal
Property owners and applicants Rick Kerin and Mary Frost submitted a Certificate of Appropriateness
with Deviations application that proposes the following alterations at 609 South 6th
Avenue: 1)
demolition of the existing accessory garage, 2) new construction of a new accessory garage, and 3)
landscaping and related site improvements. The property is zoned R-2 (Residential Medium Density) and is located within the Neighborhood Conservation Overlay District and the Cooper Park Historic
District, on the National Register of Historic Places.
Two deviations from the Bozeman Municipal Code are required for this application:
• The first is requested from Section 38.21.050 “Accessory buildings, uses and equipment” G, to allow the proposed accessory structure to be located on the rear property line.
• The second deviation requested is from Section 38.21.050 “Accessory buildings, uses and
equipment” H, to allow accessory structures to exceed the maximum 20 percent rear lot coverage
allowed by Municipal Code.
A Zero Lot Line agreement with the property owner to the south enables construction of a new
accessory structure on or near the lot line without a deviation from BMC Section 38.08.050 “Yards,”
which requires a minimum five foot side yard.
The requested deviations are in front of the City Commission as the dimensional deviations requested
exceed the 20 percent threshold for review by the Community Development Director. In order to be
reviewed by the Community Development Director the first deviation requested would be limited to 4.8
feet from the rear property line (80 percent of the six foot rear yard setback for accessory structures
under 600 square feet). For the Community Development Director to review the second deviation, the request would be limited
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Frost/ Kerin Accessory Structure Report Page 3 609 South 6th Avenue
to 24 percent rear lot coverage, or a little over 474 square feet. The application requests approval for a
rear lot coverage of 32.8 percent or 650 square feet.
Recommendation
Based on the subsequent analysis, Staff finds that the application is in general compliance with the
adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following
condition of approval is recommended to ensure public health and safety standards:
Condition of Approval
:
1. The Building Permit application shall include the use of one hour fire-rated construction where
the new building is on, or within five feet of a property line.
2. If any public sidewalk or curb are damaged during the construction, it is the requirement of the
applicant to repair and replace them to the design standards of the City of Bozeman. This repair
and/or replacement shall be noted on the site plan drawing, sheet A-1, in the building permit
drawings. The applicant is required to obtain a “Sidewalk and/or Driveway and Curb Cut Permit” from the Engineering Department for that work if necessary. All new or replaced
sidewalks must be inspected by the City Engineering Department prior to final occupancy of the
residence.
Code provisions are called out for the benefit of the property owner and applicant. Please be aware that the project must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are
applicable, including but not limited to, the following:
Code Provisions
:
• Per Section 38.01.080 & 38.34.110, the proposed project shall be completed as approved and
conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications. The only exception to this law is repair.
The applicant should be aware that any modifications to the proposed plan will require a COA
amendment.
• Per Section 38.16.040, “Certificate of Appropriateness,” Fences meeting all other provisions of Chapter 38 (e.g. height limitations, street vision triangle, finished side out, etc. per section
38.23.130) which are built of wood, wrought-iron, or any other nonsynthetic material and whose
construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines
referenced in section 38.16.050.D. does not need to obtain a Certificate of Appropriateness. Chain link fencing is not included in this exception.
The application materials to not include modifications to the fence enclosing the rear yard.
• Per Sec. 38.21.050.F, “Accessory Buildings and Equipment”, roof top mounted and ground
mounted mechanical equipment shall be screened.
The application materials do not indicate mechanical equipment.
• Per Section 38.23.150.F, “Lighting Specifications for All Lighting, for all exterior light
fixtures, the light source and associated lenses shall not protrude below the edge of the light
fixture, and shall not be visible from adjacent streets or properties. For lighting horizontal areas
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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).
The lighting fixtures included on the drawing set appear to satisfy BMC 38.23.150 F.
• Per Section 38.34.100.A.3, the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or said approval shall become null and void. Please call
the Building Department at 406-582-2375 for more information on the building permit process.
The development proposed with this application will require a building permit.
Review Criteria & Staff Findings
Section 38.16.050 “Standards for Certificates of Appropriateness”
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval for proposed alterations. In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in light of these standards.
A. All work performed in completion of an approved Certificate of Appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage
Preservation Services, Washington, D.C. (available for review at the Department of Planning).
This application proposes demolition and new construction of an accessory structure. Therefore, the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties do not apply to this
project.
B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, shall focus upon the following: 1. Height; 2. Proportions of doors and windows; 3. Relationship of building masses and spaces;
4. Roof shape; 5. Scale; 6. Directional expression; 7. Architectural details; 8. Concealment of
non-period appurtenances, such as mechanical equipment; and 9. Materials and color scheme. The proposed accessory garage will be 16 feet 6 inches in height with a traditional gable shaped
roof. The proposed accessory building will be located at the rear of the lot along the alley, as seen
traditionally. The two-stall garage will be accessed through individual garage doors. Vehicles will
use the shared driveway to the south to access the garage from South 6th
Avenue. Patio doors are proposed on the north façade of the garage, to give access from the garage into the rear yard area. The new accessory structure will be clad in the same four inch-reveal lap siding as the primary
massing of the residence. Cedar shingles will be used in the gable-ends. The two garage doors will
mimic those seen traditionally in the neighborhood.
Staff finds the proposed accessory structure appropriate within the context of the Cooper Park Historic District.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding
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Frost/ Kerin Accessory Structure Report Page 5 609 South 6th Avenue
structures.
The existing accessory structure is not historically significant. The new design is compatible with the
foregoing elements of the residential structure and surrounding accessory structures.
D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby
incorporated by this reference. When reviewing a contemporary, non-period, or innovative
design of new structures, or addition to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures.
The Design Guidelines have been incorporated into the comments on the previous page addressing
the architectural appearance design guidelines.
E. Conformance with other applicable development standards of this title.
The application requests two deviations for Bozeman Municipal Code. The required criteria for
granting deviations are examined in the following section.
F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2.
Not applicable.
Section 38.16.070 “Deviations from Underlying Zoning Requirements”
Section 38.16.070 specifies the required criteria for granting deviations from the underlying zoning
requirements. In the discussion below, Administrative Design Review (ADR) Staff evaluated the applicant's request in light of these criteria.
A. Modifications shall be more historically appropriate for the building and site in question, and
the adjacent properties, as determined by the standards in § 38.16.050 of this chapter, than would
be achieved under a literal enforcement of this title;
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” G, to allow
the proposed accessory structure to be located on the rear property line:
Bozeman Municipal Code
Section 38.21.050 G specifies that accessory structures under 600 square feet must be located a
minimum of six feet from the rear property line. This application proposes construction of a new accessory structure on the rear property line. Construction of accessory structures on rear property lines,
immediately on the alley, was a common pattern in the Cooper Park Historic District. The existing
accessory garage is located on the property line, as are a four other accessory structures in this alley.
Staff finds that the proposed construction of an accessory garage on the rear property line is historically appropriate for the site in question.
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” H, to allow
accessory structures to exceed the maximum 20 percent rear lot coverage allowed by Municipal Code.
The application requests approval to construct accessory structures covering 32.8 percent of the rear lot area. This Municipal Code requirement strives to maintain the rhythm of open rear yards in the historic
district. The neighborhood patter of the Cooper Park Historic District, however, is characterized by
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Frost/ Kerin Accessory Structure Report Page 6 609 South 6th Avenue
small rear yards with accessory structures. It’s likely that most of the adjoining properties have rear lot
cover ages in excess of 20 percent.
Figure 1: Aerial photograph of subject property from the City of Bozeman’s Geographical Information Systems Interactive map program. The subject property is outlined in red. The map shows the extent to which most adjoining properties have rear lot overages by accessory structures in excess of 20 percent.
Staff finds that the proposed construction of accessory structures which cover more than 20 percent of
the rear lot is historically appropriate for the site in question.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” G, to allow the proposed accessory structure to be located on the rear property line
. The rear property line abuts a 20
foot wide City of Bozeman alley. The accessory garage will be built on the southern property line,
where a “Zero Lot Line Agreement” exists between the two properties.
Staff finds that this deviation criteria is satisfied.
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” H, to allow
accessory structures to exceed the maximum 20 percent rear lot coverage allowed by Municipal Code.
The requested rear lot coverage diminishes the size of the rear yard for the property owners. It should
not have any effect on abutting properties or the permitted uses thereof.
Staff finds that this deviation criteria is satisfied.
C. Modifications shall assure the protection of the public health, safety and general welfare.
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Frost/ Kerin Accessory Structure Report Page 7 609 South 6th Avenue
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” G, to allow
the proposed accessory structure to be located on the rear property line
. The City of Bozeman’s
Development Review Committee (DRC) reviewed the application on April 17, 2013. The Chief Building Official asked that all new construction adjacent to property lines be built in a fire-rated
manner. This request is incorporated in Staff’s recommended condition number one. The City of
Bozeman’s Engineering Department requested that any damaged sidewalk panels be replaced, which is
Staff’s recommended condition number two. The Solid Waste Superintendent did not anticipate issues
with a new accessory structure impeding trash removal services in the alley.
Deviation request from BMC Section 38.21.050 “Accessory buildings, uses and equipment” H, to allow
accessory structures to exceed the maximum 20 percent rear lot coverage allowed by Municipal Code.
The proposed lot coverage should have no effect on the public health, safety and general welfare.
Staff finds that this deviation criteria is satisfied
It is the determination of ADR Staff that with the recommended conditions of approval this application
creates a project which will be more historically appropriate for the site and surrounding
neighborhood in question, will have minimal adverse effect on abutting properties and that the protection of health, safety and general welfare is assured. Thus the application fulfills Criterion A - C of Section 38.16.070 “Deviations from Underlying Zoning Requirements,” of the Bozeman Unified
Development Code.
Public Comment Public noticing for the project occurred during the week of April 10, 2013 and included posting on site,
listing in the legal section of the Bozeman Daily Chronicle and the notification of neighboring property
owners within 200 feet. No public comment has been received by the Department of Planning for this
project. If public comment is received prior to the City Commission public hearing, Staff will forward it to the Commission for their consideration. Staff is aware of the applicant’s efforts in meeting with their neighbors to explain and describe their project.
Conclusion/Recommendation
The Staff has reviewed the Frost/ Kerin Accessory Garage Certificate of Appropriateness application
with Deviations request and recommends approval of the application to the City Commission with the
conditions of approval outlined in this report. The applicant must comply with all provisions of the Bozeman Unified Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
AS THIS APPLICATION INCLUDES A REQUEST FOR TWO DEVIATIONS THAT ARE MORE THAN A 20 PERCENT CHANGE IN THE STANDARD FOR WHICH THE DEVIATION IS SOUGHT, THE CITY COMMISSION IS THE FINAL REVIEW AUTHORITY.
Attachments: Application materials
Report CC: Richard Kerin and Mary Frost, 609 South 6th Avenue, Bozeman, MT 59715
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