HomeMy WebLinkAboutOliver Certificate of Appropriateness with Deviation Public Hearing
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Courtney Kramer, Planner I/ Historic Preservation Officer Wendy Thomas, Community Development Director
SUBJECT: An application for a Certificate of Appropriateness with a Deviation to
encroach two feet into the required five foot side yard setback for the following alterations to the
property addressed as 413 North Wallace Avenue: 1) construction of a second story addition over the rear portion of the structure; 2) associated repairs to the existing structure; and 3) related site improvements
MEETING DATE: July 1, 2013
AGENDA ITEM TYPE: Action RECOMMENDATION: Staff is recommending conditional approval of the Oliver Certificate
of Appropriateness with a Deviation application, file #Z-13109, 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 five 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-13109 and move to approve the Oliver Addition
Certificate of Appropriateness with a Deviation application with conditions and subject to all
applicable code provisions.
BACKGROUND: Property owners and applicants Persifor and Anna Suzanne Oliver submitted an application for a Certificate of Appropriateness with a Deviation to encroach two feet into the required five foot side yard setback. The application proposes the following alterations at 413
North Wallace Avenue: 1) construction of a second story addition over the rear portion of the
structure; 2) associated repairs to the existing structure; and 3) related site improvements. The
property is zoned R-2 (Residential, Two-Household Medium Density) and located within the Neighborhood Conservation Overlay District.
One deviation from the Bozeman Municipal Code are required for the proposed project and is
requested from Section 38.08.050.A, “Yards” to allow the construction of a second story
addition above the existing single story rear portion of the house to encroach two feet into the minimum five foot side yard setback.
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.
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In order to be reviewed by the Community Development Director the requested deviation would
be limited to four feet from the side property line (80 percent of the five foot sideyard setback).
The application requests to intensify the existing non-conforming situation where a single story
of the residence encroaches two feet into the required five foot setback by constructing a second story.
Public noticing for the project occurred during the week of June 4, 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. At the time of this staff report, a single letter of public comment has been received for this application, from Michael Wickes at 418 North
Wallace Avenue in support of the project. If additional public comment is received prior to the
City Commission public hearing, Staff will forward it to the Commission for their consideration.
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: June 18, 2013
Attachments: Staff Report
Application materials
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Oliver Addition Staff Report Page 1 413 North Wallace Avenue
City Commission Staff Report for the Oliver Addition-
Certificate of Appropriateness Application with a
Deviation to encroach two feet into required five foot side
yard setback, File #Z-13109
Item: An application for a Certificate of Appropriateness with a Deviation to encroach two feet into the required five foot side yard setback for the following alterations to the property addressed as 413 North Wallace Avenue: 1) construction of a second story addition over the rear portion of the structure; 2)
associated repairs to the existing structure; and 3) related site improvements. The property is zoned R-2
(Residential, Two-Household Medium Density) and located within the Neighborhood Conservation
Overlay District. Property Owner & Applicant: Persifor and Anna Suzanne Oliver, 413 North Wallace Avenue,
Bozeman, MT 59715
Representative: Orlando Piva, 1005 South Willson Avenue, Bozeman, MT 59715
Public Hearing Date: Monday, July 1, 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 413 North Wallace Avenue and is legally described as Lot 8, Block 6 of the
Babcock and Davis Addition, S07, T02, R06 E and is within the boundaries of the Neighborhood
Conservation Overlay District.
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Oliver Addition Report Page 2 413 North Wallace 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: Mixed Use residential, zoned R-2;
East: Duplex/ triplex residential, zoned R-2; and
West: Single-household 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 Persifor and Anna Suzanne Oliver submitted a Certificate of
Appropriateness with Deviations application that proposes the following alterations at 413 North
Wallace Avenue: 1) construction of a second story addition over the rear portion of the structure; 2) associated repairs to the existing structure; and 3) related site improvements. The property is zoned R-2
(Residential, Two-Household Medium Density) and located within the Neighborhood Conservation
Overlay District.
One deviation from the Bozeman Municipal Code are required for the proposed project and is requested from Section 38.08.050.A, “Yards” to allow the construction of a second story addition above the
existing single story rear portion of the house to encroach to encroach two feet into the minimum five
foot side yard setback.
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 requested deviation would be limited to four feet
from the side property line (80 percent of the five foot sideyard setback). The application requests to
intensify the existing non-conforming situation where a single story of the residence encroaches two feet into the required five foot setback by constructing a second story.
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:
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Oliver Addition Report Page 3 413 North Wallace Avenue
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 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.
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Oliver Addition Report Page 4 413 North Wallace Avenue
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).
The residence at 413 North Wallace Avenue is not listed on the National Register of Historic Places
as part of a historic district or individually. The structure is an excellent example of 19th century
vernacular architecture and retains sufficient historic integrity to be considered eligible. The
Secretary of the Interior’s Standards have been incorporated into the Certificate of appropriateness review below.
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 application proposes a second story addition over an existing single story at the rear of the residence at 413 North Wallace Avenue. The existing residence is 17 feet 6 inches in height. The
addition has been designed as a one-and-one-half-story structure with shed roof dormers and will be
24 feet 6 inches at the ridge. The second story addition will be set back 27 feet and 6 inches from the
primary façade of the building, which enables the historic structure to retain its original scale and
massing. Minimal architectural detailing is planned, in keeping with the vernacular style of the existing structure. The exterior materials to be applied to the addition will match the existing
residence, including asphalt shingles, fascia, soffit and trim. Windows and doors planned with the
addition match those found on the existing historic structure. Mechanical equipment is not shown on
the application.
Staff finds the proposed addition appropriate for an unrecognized historic structure.
C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be encouraged when such new construction or additions do not destroy
significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding structures.
The second story addition will be above previous additions to the historic residence, thus enabling
preservation of the original building’s mass and scale.
D. When applying the standards of subsections A-C, the review authority shall be guided by the
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Oliver Addition Report Page 5 413 North Wallace Avenue
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 38.08.050.A, “Yards” to allow the construction of a second story
addition above the existing single story rear portion of the house to encroach into the minimum five foot
side yard setback.
Construction of a second story above an existing single story is a common way to gain additional living space. It enables the property owner to use the existing foundation and first floor framing. The second
story addition meets the criteria for a Certificate of Appropriateness found in BMC Sec. 38.16.050.
Staff finds that the requested deviation enables construction of an addition more historically appropriate
for the building and site in question than would be achieved under the literal enforcement of this title.
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses thereof;
Deviation request from BMC Section 38.08.050.A, “Yards” to allow the construction of a second story addition above the existing single story rear portion of the house to encroach into the minimum five foot
side yard setback.
The construction of a second story addition will most affect the adjacent residential property to the north
by intensifying the existing non-conforming situation of a three foot side yard setback where a five foot setback is required. The adjoining property to the north has an accessory garage and driveway to North
Wallace Avenue separating the residential structures.
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Oliver Addition Report Page 6 413 North Wallace Avenue
Staff finds that the requested deviation will have a minimal adverse effect on abutting properties.
C. Modifications shall assure the protection of the public health, safety and general welfare. Deviation request from BMC Section 38.08.050.A, “Yards” to allow the construction of a second story
addition above the existing single story rear portion of the house to encroach into the minimum five foot
side yard setback.
The application will have minimal effect on the public health, safety and general welfare. Staff has included recommended Condition of Approval #1, requiring construction in the side yard to be fire-rated
construction, in order to protect adjoining properties from the danger of fire. Recommended condition of
approval #2, requiring the improvement of damaged or broken sidewalk panels, will also improve the
public’s general welfare along North Wallace Avenue. 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 June 4, 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. At the time of this staff report, a single letter of public comment has been
received for this application, from Michael Wickes at 418 North Wallace Avenue in support of the
project. If additional public comment is received prior to the City Commission public hearing, Staff will forward it to the Commission for their consideration.
Conclusion/Recommendation
The Staff has reviewed the Oliver Addition Certificate of Appropriateness application with a Deviation
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: Persifor and Anna Suzanne Oliver, 413 North Wallace Avenue, Bozeman, MT 59715
Orlando Piva, 1005 South Willson Avenue, Bozeman, MT 59715
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