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Z14094, Staff Report for the WESTERMAN ACCESSORY STRUCTURE
SKETCH PLAN CERTIFICATE OF APPROPRIATENESS WITH
VARIANCES
Date: City Commission meeting is on June 2, 2014
Project Description: A Sketch Plan Certificate of Appropriateness with four
variances for an Accessory Garage.
Project Location: 420 South Willson Avenue, legally addressed as Lots 11-13,
Block 1 of the Fairview Addition to the City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with conditions
Recommended Motions:
Recommended Motion for Variance seeking reduced rear yard setback:
“Having reviewed the application materials, staff report with Findings of Fact,
considered public comment, and considered all of the information presented, I hereby
adopt the findings presented in the staff report for application Z14094 and move to
approve the Variance from BMC 38.21.050 G – Detached Structures to allow an
accessory structure to encroach 11 feet into the required 20 foot rear yard
setback with conditions.”
Recommended Motion for Variance seeking reduced yard setback adjacent to a
local street: “Having reviewed the application materials, staff report with Findings
of Fact, considered public comment, and considered all of the information presented,
I hereby adopt the findings presented in the staff report for application Z14094 and
move to approve the Variance from BMC 38.08.050.A.1c – Yards to allow an
accessory structure to encroach 13.5 feet into the 15 foot corner side yard
setback with conditions.”
Recommended Motion for Variance seeking reduced garage vehicle entrance
setback: “Having reviewed the application materials, staff report with Findings of
Fact, considered public comment, and considered all of the information presented, I
hereby adopt the findings presented in the staff report for application Z14094 and
move to approve the Variance from BMC 38.08.050.A.4 – Vehicle Entrances to
allow a garage vehicle entrance to be 1.5 feet from the property line with
conditions.”
Recommended Motion for Variance seeking parking in the front corner side
yard: “Having reviewed the application materials, staff report with Findings of
Fact, considered public comment, and considered all of the information presented, I
hereby adopt the findings presented in the staff report for application Z14094 and
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move to approve the Variance from BMC 38.25.010A5 – No parking permitted in
the front or side yard to allow parking in the corner side yard along West Story
Street with conditions.”
Recommended Motion of Certificate of Appropriateness:
“Having reviewed and considered the application materials, public comment, and all
the information presented, I hereby adopt the findings presented in the staff report
for application Z14094 and move to approve the Sketch Plan Certificate of
Appropriateness with conditions and subject to all applicable code provisions.”
Report Date: Wednesday, May 28, 2014
Staff Contact: Courtney Kramer, Historic Preservation Officer/ Planner I
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
This Sketch Plan Certificate of Appropriateness requests four variances from the Unified
Development Code (UDC) in order to construct a new accessory structure in the rear yard of
the residence at 420 South Willson Avenue. The variances, which are listed in Section 2 and
evaluated in Section 5 of this Staff Report, are all related to the proposed location of the new
accessory structure. The property is located within the Bon Ton Historic District. The
accessory structure will be used as a ground-floor garage and will have a second floor guest
house. A guest house may not be rented as a residence. The City Commission is the review
authority for all variance requests.
A separate Certificate of Appropriateness enabling modifications to the historic residence
was approved by the Director of Community Development in June 2013.
Alternatives
The City Commission could:
1. Approve the application;
2. Deny the application, or;
3. Table the application and request additional information from Staff or the applicants.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
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Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED VARIANCES ............................................................................ 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 8
Neighborhood Conservation Overlay District Review Criteria ........................................ 11
Zoning Variance Review Criteria – Section 38.35.060 .................................................... 13
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 19
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
Vicinity Map
showing adjacent
zoning
North: R-1
(Residential, Low
Density), Single
Household
Residential
South: R-1
(Residential, Low
Density), Single
Household
Residential
East: R-2
(Residential,
Medium Density),
Duplex/ Triplex
Residential
West: R-1
(Residential, Low
Density), Single
Household
Residential
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Site Plan indicating the location of existing accessory structure and location of proposed accessory structure.
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1927 Sanborn Fire Insurance Map indicating the historic presence of accessory structures at the
intersection of the alley and West Story Street.
SECTION 2 –REQUESTED VARIANCES
Variances have been requested from the following sections of the municipal code:
1) From Sec. 38.21.050 G BMC- Detached Structures, to allow the accessory structure to
encroach eleven feet into the 20 foot rear yard setback;
Subject Property: 420
South Willson Avenue
Alley
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2) From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to encroach 13.5 feet
into the 15 foot yard setback required adjacent to a local street;
3) From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be located 1.5 feet
from a property line, rather than the required 20 feet from a property line; and,
4) From Sec. 38.25.010A.5 to allow parking located in the front yard, along West Story
Street.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. Prior to issuance of a building permit, the applicant shall consolidate the underlying lots
that comprise the subject property through either a subdivision exemption process or by
filing a Lot Merger Agreement with the Department of Community Development. This
agreement will be supplied to the applicant by planning staff.
2. If any public sidewalk or curb are damaged during the construction, the applicant shall
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 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.
3. Prior to issuance of a Building Permit, the applicant shall provide a materials palette
indicating the final material choices for the accessory structure for approval by the
Department of Community Development.
4. Prior to issuance of a Building Permit, the applicant shall provide the Water/ Sewer
Superintendent documentation that the existing sewer line is in an adequate condition to
handle expanded capacity. If the Water/ Sewer Superintendent finds the existing sewer
line inadequate for expanded capacity, the service line shall be replaced at the expense of
the owner.
5. Prior to issuance of a Building Permit, the applicant shall provide the Water/ Sewer Superintendent documentation that the existing backflow preventer meets current
standards. If there is not adequate backflow prevention, a backflow preventing device
shall be installed with this project.
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6. 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.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. None have been identified at this time.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Standards for Certificates of Appropriateness, Section 38.16.050, BMC
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness
approval for proposed alterations.
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 Community Development).
This application proposes demolition of a dilapidated accessory structure and construction of
a new garage with guest house above. The existing accessory structure has been sufficiently
documented through photographs included in the application materials. The Secretary of the
Interior’s Standards are not applicable to the removal of the existing accessory structure or
the proposed new accessory structure. Therefore, this report does not analyze the criteria for
the old or new structure. Generally applicable design criteria contained elsewhere within the
Unified Development Code do apply and analysis is presented 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; The application proposes an accessory structure just over 20 feet in height (20.25
feet). The proposed accessory structure will be less in height than nearby accessory
structures, and substantially less in height than the existing two-story principal residence.
Staff finds the proposed height appropriate within the context of adjoining properties and the
Bon Ton Historic District.
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2. Proportions of doors and windows; The application proposes doors and windows which
match the proportions of doors and windows on the existing residence.
Staff finds the proposed proportions of doors and windows appropriate within the context of
adjoining properties and the Bon Ton Historic District.
3. Relationship of building masses and spaces; The application proposes construction of a
new accessory structure to replace an existing dilapidated accessory structure. The existing
accessory structure is located on the south east corner of the property, at the intersection of
West Story Street and the alley between South Willson and South Tracy Avenues. Sanborn
Fire Insurance Maps indicate the presence of an accessory structure in this location as early
as 1912. The Sanborn Maps indicate that three other accessory garages existed at this
intersection by 1927.
Staff finds the proposed layout of building masses and spaces appropriate within the context
of adjoining properties and the Bon Ton Historic District.
4. Roof shape; The application proposes an accessory structure with a gable roof. The roof
ridge is perpendicular to the street. A wall dormer is proposed for a portion of both the east
and west facades.
Staff finds the proposed roof shape appropriate within the context of adjoining properties and
the Bon Ton Historic District.
5. Scale; The existing accessory structure is a single story and has a 636 square foot
footprint. The application proposes a one-and-one-half story accessory structure with a 733
footprint.
The existing accessory structure was built prior to the establishment of modern zoning. At
633 square feet, the existing accessory structure does not meet current zoning requirements
for setbacks for accessory structures from the alley, or for structures located in front yards.
The existing accessory structure is thus a legally non-conforming structure, which could
receive repairs and maintenance without the need for a variance. Changes to nonconforming
structures are administered by Sec. 38.32.050 BMC. Demolition and replacement of non-
conforming structures negates any “grandfathering” established by the previous structure;
any replacement structure must satisfy modern Municipal Code or request the necessary
relaxation from Municipal Code, as this application has done in Section 2 of this Staff
Report.
Staff finds the proposed scale appropriate within the context of adjoining properties and the
Bon Ton Historic District.
6. Directional expression; The application proposes a new accessory structure which will be
used as a garage with second floor guest house space. The vehicular access for the accessory
garage is proposed off of West Story Street rather than from the alley between South Willson
and South Tracy Avenues. This pattern of vehicular access from the street is repeated by
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accessory garages on the other three properties that make up the West Story and alley
intersection.
Staff finds the proposed directional expression appropriate within the context of adjoining
properties and the Bon Ton Historic District.
7. Architectural details; The application proposes minimal architectural detailing for the
accessory structure. Historic accessory structures dating to the period of significance for the
Bon Ton Historic District generally lack architectural detailing, in reflection of their
utilitarian purpose.
Staff finds the architectural details proposed with this application appropriate within the
context of adjoining properties and the Bon Ton Historic District.
8. Concealment of non-period appurtenances, such as mechanical equipment; The
application materials do not indicate the presence of mechanical equipment on the proposed
accessory structure.
Not Applicable.
9. Materials and color scheme.
The application materials do not detail all of the exterior materials for the proposed accessory
structure. Staff has requested a final materials palette as Condition of Approval number three.
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 application proposes demolition of an accessory structure constructed during the Bon Ton
Historic District’s period of significance (1884-1945). The accessory structure, however, is in a
deteriorated condition and meets the criteria for removal. Staff finds the proposed design to be
compatible with the foregoing elements of the historic Fielding House at 420 South Willson
Avenue and the surrounding 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 pages
addressing the architectural appearance design guidelines.
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E. Conformance with other applicable development standards of this title.
The application requests four variances from Bozeman Municipal Code. The variances are listed
in Section 2 and are evaluated below.
F. Tax abatement certificate of appropriateness applications are also reviewed
with the procedures and standards established in chapter 2, article 6, division 2.
The application does not request tax abatement for historic preservation. Staff finds that the
modifications proposed with this application do not satisfy the criteria for tax abatement for
historic preservation.
Neighborhood Conservation Overlay District Review Criteria
Chapter 1. Rehabilitation Guidelines for Historic Properties
F. Secondary Structures
1. Preserve an existing secondary structure when feasible.
The application materials indicate that the existing secondary structure cannot feasibly be
reused by the property owners.
Chapter 2. Design Guidelines for All Properties
B. Street Patterns
1. Respect historic settlement patterns.
The application respects historic settlement patterns by requesting variances that would
enable construction of an accessory structure in the same location that an accessory structure
existed historically. Repair and maintenance of the existing accessory structure would be
possible without the need for a variance.
C. Alleys
1. Unpaved lanes contribute to the distinct character of the neighborhood; therefore, they
should continue in their “rustic” state, when feasible.
2. The traditional scale and width of alleys should be continued.
The application does not modify the existing alley.
D. Streetscape
1. Maintain the variety of street paving designs.
2. Maintain the variety of sidewalk designs.
3. Continue the use of planting strips.
4. Continue the pattern of street trees in a block. Because street trees serve various aesthetic
and practical functions, they should be maintained.
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The application does not propose modifications to the design of the sidewalk, street paving,
location of boulevard strip or existing street trees.
E. Landscape Design
1. Preserve and maintain mature trees and significant vegetation within all corridors.
The application does not propose modifications to vegetation located within the public rights-
of-way.
F. Building Form
1. Use building forms that are similar to those seen traditionally on the block.
2. Exotic building and roof forms that would detract from the visual continuity of the street
are discouraged.
The application proposes an accessory structure with a building form similar to those seen
traditionally on the block.
G. Solid-to-Void Ratio
1. Use a ratio of solid-to void (wall to window) that is similar to that found on historic
structures in the district.
The application proposes a solid-to-void ratio similar to that found on the primary residence,
the historic Fielding House at 420 South Willson Avenue.
H. Materials
1. Use building materials that appear similar to those used traditionally in the area.
2. The use of masonry that appears similar in character to that seen historically is appropriate.
3. New materials that are similar in character to traditional materials may be acceptable with
appropriate detailing.
4. Use building materials that contribute to the traditional sense of scale of the block.
The application materials propose the use of wood lap siding, aluminum clad wood windows
and painted wood doors on the exterior of the proposed accessory structure. The application
materials do not clarify the type of roofing material or garage door to be used. Staff has
requested a final materials palette as Condition of Approval number three to ensure that final
choices of materials are consistent with these criteria.
I. Architectural Character
1. The imitation of older historic styles is discouraged for newer structures.
2. Contemporary interpretations of traditional details are encouraged.
The application does not propose to imitate an older historic style.
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J. Parking
1. Minimize the visual impact of surface parking in residential neighborhoods.
The application does not propose substantial surface parking in a residential neighborhood.
Chapter 3. Guidelines for Residential Character Areas
D. Secondary Structures
1. A new secondary structure should be subordinate in height to those buildings seen
traditionally along the street front.
2. Locate secondary buildings to the rear.
3. Locate a garage such that its visual impacts will be minimized is encouraged.
The application proposes a new secondary structure that is subordinate in height to the
principle building, as well as to some of the secondary structures found in the adjoining
neighborhood. The proposed secondary building is located to the rear, and requests variances
from Municipal Code to locate the garage at the intersection of West Story Street and the
alley.
F. Fences and Retaining Walls
1. A new fence should be in character with those seen traditionally.
2. A new retaining wall should be in character with those seen traditionally.
A fence is not indicated on the application materials.
Chapter 5. District-Specific Descriptions
G. Bon Ton Historic District
1. Reflect the district character when building within the district.
The proposed accessory structure reflects the character of accessory structures found in the
Bon Ton Historic District. Large accessory barns or carriage houses are commonly found
adjacent to older residences in the Bon Ton District, which evolved between 1880 and 1937.
Zoning Variance Review Criteria – Section 38.35.060
This application requests four variances from Bozeman Municipal Code. All four variances
touch on the same issue: the location of a new accessory structure and related parking. The
proposal touches the Municipal Code for accessory structures in four places, thus the four
specific variance requests.
Variance request 1: From Sec. 38.21.050 G BMC- Detached Structures, to allow the
accessory structure to encroach eleven feet into the 20 foot rear yard setback;
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Variance request 2: From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to
encroach into the 15 foot yard setback required adjacent to a local street;
Variance request 3: From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be
located less than 20 feet from a property line; and,
Variance request 4: From Sec. 38.25.010A.5 to allow parking located in the front corner side
yard.
In acting on an application for a variance, the review authority shall designate such lawful
conditions as will secure substantial protection for the public health, safety and general
welfare, and shall issue written decisions setting forth factual evidence that the variance
meets the standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
The application requests variances to replace an existing accessory garage with a new
accessory structure in the same general location. The existing accessory structure is almost
exactly on the property line, which causes the existing structure to be located within the sight
vision triangle for vehicles exiting the alley onto West Story Street. The requested variances
will enable a new accessory structure located nine feet from the rear property line, outside of
the street vision triangle, thus improving the public safety when exiting the alley.
Without approval of the variance, the owner’s options are to repair the existing accessory
structure or to locate a new accessory structure in the north and east portions of the rear yard.
Construction of a new accessory structure in the north and east potion of the rear yard is
hampered by the addition to the Fielding house, which leaves only 56 feet from the rear of
the residence to the property line. Locating the accessory structure on the south east corner of
the property creates a distinct separation of spaces between the historic Fielding house and
the new accessory structure.
Staff finds that all four variances are not contrary to, and serve the public interest. The
Development Review Committee reviewed the application and forwarded a recommendation
of approval with the conditions outlined by Staff during their May 14, 2014 meeting.
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Site plan indicating location of existing accessory structure and its position within the sight
vision triangle for vehicles exiting the alley onto West Story Street.
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary
hardship which would unavoidably result from the enforcement of the literal meaning
of this chapter:
Variance request 1: From Sec. 38.21.050 G BMC- Detached Structures, to allow the
accessory structure to encroach eleven feet into the 20 foot rear yard setback;
Variance request 2: From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to
encroach into the 15 foot yard setback required adjacent to local streets, as West Story Street
is designated;
Variance request 3: From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be
located less than 20 feet from a property line; and,
Variance request 4: From Sec. 38.25.010A.5 to allow parking located in the front yard along
West Story Street.
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The applicants initially contacted Planning Staff in late February 2013, prior to their purchase
of the property. Staff and the applicants discussed their desire to modify the historic Fielding
residence, as well as demolish and replace the existing accessory structure. Staff clarified that
total replacement of the existing accessory structure would necessitate relaxations from
Municipal Code, since the existing structure was located in the required yard setback along
West Story Street.
Based on communication with staff members, the applicants engaged Goff Architecture for
design services and began planning a remodel to the historic Fielding house, its addition, and
demolition and replacement of the existing accessory structure. The applicants met with City
Planning Staff in early June to discuss the project. The applicants provided a drawing set
which contemplated demolition and replacement of the existing accessory garage. In order to
get the project under construction, the applicants requested a Certificate of Appropriateness
enabling modifications to the Fielding house in late June 2013. The modifications to the
residence were approved in early July 2013.
In mid-July 2013, City Staff alerted the applicants of a potential change to the manner in
which the regulations for deviations were applicable within the Neighborhood Conservation
Overlay District. The Department of Community Development issued a written
determination of the use of deviations within the Neighborhood Conservation Overlay
District in September 2013. Since that time Staff has advised all new initial contacts about
contemplated projects about the applicability of deviations to only enable modifications to
existing structures.
The applicants met with Staff again in February 2014 in order to determine if deviations were
a possible review option. Staff verified that demolition of the existing accessory garage and
replacement in the same location would require variances rather than deviations. The
application for a Certificate of Appropriateness with variances was received on April 15,
2014.
a. Hardship does not include difficulties arising from actions, or otherwise be self-
imposed, by the applicant or previous predecessors in interest, or potential for greater
financial returns; and
Variance request 1: From Sec. 38.21.050 G BMC- Detached Structures, to allow the
accessory structure to encroach eleven feet into the 20 foot rear yard setback;
Variance request 2: From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to
encroach into the 15 foot yard setback required adjacent to local streets, as West Story Street
is designated;
Variance request 3: From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be
located less than 20 feet from a property line; and,
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Variance request 4: From Sec. 38.25.010A.5 to allow parking located in the front yard along
West Story Street.
The applicants request a variance to establish an accessory structure. A guesthouse will be
located on the second floor of the accessory structure. Sec. 38.42.1320 BMC defines
“guesthouse” as “An attached or detached accessory building used to house guests of the
occupants of the principal building, and which is never rented or offered for rent. Any guest
house providing cooking facilities (e.g., full-size dishwasher, more than a bar sink, or a
stove) shall be considered a dwelling unit.” The guesthouse developed with this application
will be prohibited from including a full kitchen and cannot legally be rented as an additional
dwelling unit. The applicants will not be required to pay Impact Fees associated with the
development of a second dwelling unit. Thus, the variance does not bring greater financial
returns to the applicant, other than those associated with a general increase in property value
from having a functional garage and guest space.
b. Conditions unique to the property may include, but are not limited to, slope,
presence of watercourses, after the fact imposition of additional regulations on
previously lawful lots, and governmental actions outside of the owners control;
Variance request 1: From Sec. 38.21.050 G BMC- Detached Structures, to allow the
accessory structure to encroach eleven feet into the 20 foot rear yard setback;
Variance request 2: From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to
encroach into the 15 foot yard setback required adjacent to local streets, as West Story Street
is designated;
Variance request 3: From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be
located less than 20 feet from a property line; and,
Variance request 4: From Sec. 38.25.010A.5 to allow parking located in the front yard along
West Story Street.
Staff finds that the change in implementation of the authorization for “Deviations,” as found
in Sec. 38.16.070 BMC constitutes a governmental action outside of the owner’s control. The
application materials provide sufficient documentation of the owner’s communication with
City Staff regarding deviations prior to the change in implementation.
3. Will observe the spirit of this chapter, including the adopted growth policy, and
do substantial justice;
Variance request 1: From Sec. 38.21.050 G BMC- Detached Structures, to allow the
accessory structure to encroach eleven feet into the 20 foot rear yard setback;
Variance request 2: From Sec. 38.08.050.A.1.c Yards, to allow the accessory structure to
encroach into the 15 foot yard setback required adjacent to local streets, as West Story Street
is designated;
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Variance request 3: From Sec. 38.08.050.A.4 to allow a vehicle entrance into a garage to be
located less than 20 feet from a property line; and,
Variance request 4: From Sec. 38.25.010A.5 to allow parking located in the front yard along
West Story Street.
Staff finds that approval of the requested variances will observe the spirit of Chapter 38, the
Unified Development Code as well as the adopted growth policy and do substantial justice. If
approved, the variances enable the replacement of a dilapidated accessory structure with a
new structure that improves the public’s safety when exiting the alley onto West Story Street.
With exception of its location on the property, the proposed accessory structure meets all
other Municipal Code requirements for accessory structures. The proposed accessory
structure is subordinate in height and footprint to the principal structure. The accessory
structure does not have sidewalls over three feet in height (in fact it has no side walls). The
accessory structure covers less than 20 percent of the rear lot area.
If approved, the requested variances enable an accessory structure located in a manner found
on three of the four properties which abut the West Story Street and alley intersection. If
approved, the requested variances enable continued investment in Bozeman’s historic district
in a manner that fits the Bon Ton Historic District’s pattern of development.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1 (Residential Single-Household, Low Density) and located
within the Bon Ton Historic District and the Neighborhood Conservation Overlay District.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the adopted growth policy. 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
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COA WITH VARIANCES Page 19 of 20
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.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The application proposes demolition of an existing accessory structure in the rear yard of the
residence at 420 South Willson Avenue. The application requests four variances, to enable a new
accessory structure to be constructed in the same vicinity as the existing structure. The new
accessory structure will be used as a ground floor garage with a second story guesthouse. A
guesthouse may not be rented as an independent residence.
Project Background
The applicants met with City Staff in late February, 2013, prior to their purchase of the historic
Fielding House. They discussed restoration and remodel of the residence, as well as demolition
of the existing accessory structure and construction of a new accessory garage. After purchasing
the property in March 2013, the applicants applied for and received Certificate of
Appropriateness approval to modify the existing residence in June 2013. A subsequent COA
application encompasses the work described above, including the request for four variances from
Municipal Code.
This application, proposing demolition of an existing accessory garage to enable construction of
a new accessory garage, was received on April 15, 2014. The Development Review Committee
reviewed the project on May 7 and May 14, 2014, and forwarded a recommendation of approval
with conditions outlined by staff on May 14, 2014.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing has been provided in conformance with the requirements of Sec. 38.40 BMC. Notice
was posted on site, mailed to adjoining property owners and posted on the City’s website on May
14, 2014. Notice was published in the “Legals” section of the Bozeman Daily Chronicle on May
18 and May 25, 2014. The notice identified the public hearing date as June 2, 2014 in front of the
City Commission. No public comment has been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Chip and Drewry Westerman, 420 South Willson Avenue, Bozeman, MT 59718
Applicant: Goff Architecture, 201 South Wallace Avenue, Suite A3, Bozeman, MT 59715
Report By: Courtney Kramer, Historic Preservation Officer/ Planner I
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Z14094, Staff Report for the WESTERMAN ACCESSORY STRUCTURE SKETCH PLAN
COA WITH VARIANCES Page 20 of 20
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s): 9. Current Land Use(s):
10. Bozeman Community Plan Designation:
11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet:
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Page 2
(Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11)
13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14
13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue
14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15
14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor
15. Will this application require a deviation(s)? Yes, list UDC section(s): No
16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan
A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan
B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan
C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan
D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application
E. Special Temporary Use Permit T. Subdivision Preliminary Plat
F. Sketch Plan/COA U. Subdivision Final Plat
G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption
H. Preliminary Site Plan/COA W. Annexation
I. Preliminary Site Plan X. Zoning Map Amendment
J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment
K. Conditional Use Permit Z. Zoning Variance
L. Conditional Use Permit/COA AA. Growth Policy Map Amendment
M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment
N. Administrative Interpretation Appeal Other:
This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee
(see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½-
by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must
be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property
owner(s) (if different) before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and
provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the
City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by
the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I
agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process
(Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge.
Applicant’s Signature: Date:
Applicant’s Signature: Date:
Property Owner’s Signature: Date:
Property Owner’s Signature: Date:
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Existing‐West Elevation
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Existing‐ South Elevation
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Existing‐ East Elevation
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Existing‐North Elevation
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Adjacent Garage‐East
Adjacent Garages‐ South
Existing Garage
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April 5, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Street View‐Looking East
Existing Garage
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April 10, 2014 420 South Willson Ave. Westerman Garage
Goff Architecture, Ltd.
Zoning Variances Requested
1. 38.21.050 G‐ Detached Structure Setbacks
a. Proposed detached structure is greater than 600 square feet and is located within the
corner side yard and rear yard setbacks. See attached site plan for proposed structure
location.
2. 38.08.050.A.1.c‐ Yards
a. Proposed structure is located on the front‐side yard property line, not the prescribed
15 foot setback adjacent to local streets. See attached plans for proposed structure
location.
3. 38.08.050.A.4‐Garage Vehicle Entrance
a. Proposed garage vehicle entrance is located on the property line, not the prescribed
20’ from the property line.
The proposed variances will not be contrary to and will serve the public interest by continuing
an existing and historic pattern of development. The proposed structure is consistent with
UDO 38.08.070.B which states that “detached garages are encouraged when they are
compatible with the existing neighborhood development pattern.” See attached photographs.
The proposed variances are necessary owing to conditions unique to the property. The
property in located within the Bon Ton Historic District and the Owners intent is to develop the
property in a manner consistent with other properties within the District.
The proposed variances will result in a project that will observe the spirit of the UDO and the
adopted growth policy. The property is designated residential in the Community Plan.
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From:Graham b Goff
To:Courtney Kramer; Drewry Westerman
Subject:Re: Next Wednesday"s DRC Agenda
Date:Friday, May 09, 2014 3:59:11 PM
Attachments:2014-5-9 site plan.pdf
WESTERMAN RENDERING IN SITE.pdf
Courtney,
Attached is a revised site plan showing that the proposed garage is 18" off ofthe west property line which will keep the roof overhang out of theright-of-way. Also attached is a rendering showing the building in the contextof the other existing structures.
We will also be requesting a variance from UDO section 38.25.010 A5 to allowfor on site parking to occur in the corner-side/front yard. The proposed onsite parking will occur behind the proposed garage outside of the streetvision triangle. There is no negative impact on public safety and welfare as aresult of this variance.
Let me know if there is anything else that is needed,
Have a great weekend,
Graham
On Fri, 9 May 2014 16:24:28 +0000 Courtney Kramer <ckramer@BOZEMAN.NET> wrote:> Hello Drew and Graham,>> Next Wednesday's DRC agenda is attached to this email. As you'll see, we are>second on the agenda. If you plan to attend, please plan on coming at 10am,>as I think we'll be "on" by 10 after.>> I'll have preliminary Conditions of Approval to you by mid day on Monday.>Pending the revisions we discussed on Wednesday, I expect only standard>conditions of approval and Municipal Code citations.>> Thanks!>> Courtney Kramer> Historic Preservation Officer> City of Bozeman> Direct line: 406-582-2289>Front desk: 406-582-2260> ckramer@bozeman.net> www.bozeman.net> www.preservebozeman.org>> All City of Bozeman emails are subject to the Right to Know provisions of>Montana’s> Constitution (Art. II, Sect. 9) and may be considered a “public record” per>Sect. 2-6-202> and Sect. 2-6-401, Montana Code Annotated. As such, this email, its sender>and receiver,> and the contents may be available for public disclosure and will be retained>pursuant to the
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> City’s record retention policies. Emails that contain confidential>information related to
> individual privacy may be protected from disclosure under law.
Graham Goff AIA, LEED APGoff Architecture, Ltd.Goff Construction, Inc.201 S. Wallace Ave. Suite A3Bozeman MT 59715406.582.5845goffarchitecture@bresnan.netwww.goffarch.com
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