HomeMy WebLinkAboutH12 - Maxwell Remodel
Report compiled on July 7th 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Maxwell Remodel COA/DEV #Z-06102
MEETING DATE: Monday, June 17th 2006 at 6:00 PM.
BACKGROUND: This is a Certificate of Appropriateness application with one deviation, to allow
the addition of an 8 ½‘ x 14’ covered deck and related site improvements to the existing single-
household residence at 522 North Willson Avenue. One deviation is requested with this application,
from Section 18.16.050 “Yards,” to allow the covered deck to encroach into the required 20-foot
rear yard setback.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
RECOMMENDATION: That the City Commission approve the Maxwell Remodel Certificate of
Appropriateness application with deviations (#Z-06102) as conditioned by Planning Staff.
FISCAL EFFECTS: The Department of Planning is not aware of any fiscal effects for the
proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Andrew Epple @ aepple@bozeman.net if you have any
questions prior to the public hearing.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
MAXWELL REMODEL COA/DEV FILE #Z-06102
Item: Zoning Application #Z-06102, a Certificate of Appropriateness
Application with one deviation, to allow the addition of an 8 ½‘
x 14’ covered deck and related site improvements to the existing
single-household residence at 522 North Willson Avenue. Said
property is zoned as R-3 (Residential Medium Density District)
and is located within the Neighborhood Conservation Overlay
District.
Property Owner/
Applicant: Maxwell Inc.
c/o Blake S. Maxwell
522 North Willson Avenue
Bozeman, MT 59715
Date & Time: City Commission Hearing: Monday, July 17th 2006 at
6:00 PM, in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, MT 59715.
Report By: Allyson C. Bristor, Associate Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is located at 522 North Willson Avenue and is legally described as 5’ North of
Lots 21-24 and 8.5’ West of Lots 21-24, Beall’s 2nd Addition, City of Bozeman, Gallatin County,
Montana. The property is approximately 10,700 square feet in lot area (roughly 76 feet x 140 feet),
zoned as R-3 (Residential Medium Density District) and located within the Neighborhood
Conservation Overlay District.
Please refer to the vicinity map below.
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PROPOSAL & BACKGROUND
This is a Certificate of Appropriateness application with one deviation, to allow the addition of an 8
½‘ x 14’ covered deck and related site improvements to the existing single-household residence at
522 North Willson Avenue. One deviation is requested with this application, from Section
18.16.050 “Yards,” to allow the covered deck to encroach into the required 20-foot rear yard
setback.
Currently existing on the subject property is a single-household structure with a total of two
bedrooms. Construction of a new single-household residence was approved in February 2006 by
the Planning Director (project did not require any deviations upon approval) and work for that
project has started on the site. The applicant has submitted a subdivision exemption application to
re-align the existing lot lines to allow the new residence its own lot.
During the review of the new residence, Staff determined that the applicant should supply his
required 20-foot rear yard to the south, or side, of the existing house. Because of that decision by
Staff, the deviation to encroach into that yard area is required. The Commission should note that
approximately 13 feet is still supplied between the neighboring house to the south and the new deck.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-3 (Residential Medium Density District). As stated in the Bozeman
Unified Development Ordinance, the intent of the R-3 residential district is to provide for the
development of one- to five-household residential structures in a variety of housing types to serve
the varied needs of households of different size, age and character, while reducing the adverse effect
of nonresidential uses.
The following land uses and zoning are adjacent to the subject property:
North: Single-Household Residence zoned R-4 (Residential High Density District);
South: Two-Household Residence zoned R-3 (Residential Medium Density District);
East: Two-Household Residence zoned R-2 (Residential Two-Household, Medium Density
District);
West: Single-Household Residence zoned R-3 (Residential Medium Density District).
GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 2020 Community Plan including
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the “Residential” land use designation. This classification designates places where the primary
activity is urban density living quarters. Other uses that complement residences are also acceptable,
such as parks, low intensity home based occupations, fire stations, churches and schools. The
dwelling unit density expected within this category varies and a variety of housing types should be
blended to achieve the desired density, with large areas of single type housing discouraged.
Additionally, all residential housing should be arranged with consideration given to the existing
character of adjacent development.
REVIEW CRITERIA & FINDINGS
Section 18.28.050 “Standards for Certificates of Appropriateness”
Section 18.28.050 specifies the required standards for granting Certificate of Appropriateness
approval. 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 Secretary of Interior Standards’ guidelines are considered with the design guidelines
listed 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;
There is no increase in total height of the existing house by the proposed deck
construction. The deck does not exceed the house’s primary roof ridge line.
2. Proportions of doors and windows;
Non-applicable.
3. Relationship of building masses and spaces;
There is no significant increase in building mass of the existing house by the proposed
deck construction.
4. Roof shape;
The extension of the existing gable roof for the deck construction is appropriate for the
existing house.
5. Scale;
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There is no significant change in building scale of the existing house by the proposed
deck construction.
6. Directional expression;
The extension of the existing gable roof for the deck construction is appropriate for the
existing house.
7. Architectural details;
The new construction will use materials to match the existing house. ADR Staff is
requiring a standard color and materials palette board prior to the issuance of a building
permit.
8. Concealment of non-period appurtenances, such as mechanical equipment;
Non-applicable.
9. Materials and color scheme.
ADR Staff is requiring a standard color and materials palette board prior to the issuance
of a building permit.
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.
Non-applicable.
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 were considered when applying the above COA standards.
E. Conformance with other applicable development standards of this title.
The required criteria for granting deviations are examined in the following section.
Section 18.28.070 “Deviations from Underlying Zoning Requirements”
Section 18.28.070 specifies the required criteria for granting deviations from the underlying
zoning requirements. In the discussion below, ADR Staff evaluated the applicant's request
in light of these criteria.
A. Modifications shall be historically appropriate for the building and site in question,
and the adjacent properties, as determined by the standards in § 18.28.050 of this
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chapter, than would be achieved under a literal enforcement of this title;
The proposed deck construction is the first step in a future remodel/rehabilitation for the
existing house at 522 North Willson Avenue. It is historically appropriate for the site
because of the following reasons: 1) it continues the existing gable roof shape rather than
introducing a new roof form, 2) it still provides a significant yard space (13 feet) on the
south side of the house 3) it does not exceed the height of the house’s primary ridge.
It is the determination of the Bozeman Historic Preservation Office and ADR Staff that,
with conditions of approval, the project generally meets Criteria A of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
Though the dormer will encroach into the required rear yard setback, it still provides 13 feet
of yard space. The adjoining property to the north is minimally affected with the
proposal.
It is the determination of the Bozeman Historic Preservation Office and ADR Staff that,
with conditions of approval, the project generally meets Criteria B of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
C. Modifications shall assure the protection of the public health, safety and general
welfare.
It is the determination of the Bozeman Historic Preservation Office and ADR Staff that,
with conditions of approval, the project generally meets Criteria C of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
PUBLIC COMMENT
The Department of Planning & Community Development did not receive any form of public
comment in regards to this application.
RECOMMENDED CONDITIONS OF APPROVAL
Staff reviewed the Certificate of Appropriateness application with one deviation, against the criteria
set forth in the Bozeman Unified Development Ordinance. Based on the evaluation of the criteria
and findings by Administrative Design Review Staff, Staff recommends conditional approval of the
Certificate of Appropriateness application with the following conditions:
Conditions of Approval
1. Prior to issuance of any type of building permit, the applicant shall provide a color
and materials palette for final design review and approval by Administrative Design
Review Staff.
2. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
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approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations application. Any modifications to the submitted
and approved drawings shall invalidate the project's approval unless the applicant
submits the proposed modifications for review and approval by the Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110 of
the Bozeman Unified Development Ordinance.
The applicant must comply with all provisions of the Bozeman Municipal Code that are applicable
to this project.
CONCLUSION
Administrative Design Review Staff recommends conditional approval of said Certificate of
Appropriateness application with one deviation. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, do not, in
any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
BECAUSE THIS APPLICATION IS FOR A CERTIFICATE OF APPROPRIATENESS
WITH ONE DEVIATION, THE BOZEMAN CITY COMMISSION SHALL MAKE THE
FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH
IN CHAPTER 18.66 OF THE BOZEMAN UNIFIED DEVELOPMENT ORDINANCE.
Encl: Applicant’s Submittal Materials
CC: Blake Maxwell, 522 North Willson Avenue, Bozeman, MT 59715
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