HomeMy WebLinkAboutG8 delaney Fence
Commission Memorandum
TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
SUBJECT: #Z-06239 - Delaney/Indreland Fence (Phase II) COA/DEV
MEETING DATE: Monday, November 6th 2006 @ 6 PM
BACKGROUND: Applicant Michael Delaney and Ileana Indreland submitted a Certificate of
Appropriateness with Deviations application, to allow the addition of three styles of fences in the
extended yard of 415 South Willson Avenue.
Two deviations are requested with this application. Both are requested from Section 18.42.130,
“Fences, Walls and Hedges,” to allow two styles of fences to exceed 6 feet in height in the required
corner side and rear yards.
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 project #Z-06239,
Delaney/Indreland Fence (Phase II) COA/DEV, 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 email Allyson Bristor at abristor@bozeman.net if you have any questions prior
to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
CITY COMMISSION STAFF REPORT
DELANEY/INDRELAND FENCE (PHASE II) COA/DEV FILE #Z-06239
Item: Zoning Application #Z-06239, a Certificate of Appropriateness
with Deviations Application, to allow the addition of three
styles of fences in the extended yard of 415 South Willson
Avenue. Said property is zoned as R-1 (Residential Single-
Household, Low Density District) and is located within the
Bon Ton Historic District and the Neighborhood Conservation
Overlay District.
Owners: Michael Delaney & Ileana Indreland
101 East Main Street
Bozeman, MT 59715
Applicant: Bitnar Architects
502 South Grand Avenue
Bozeman, MT 59715
Date & Time: City Commission Hearing: Monday, November 6, 2006,
6:00 p.m., 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 415 South Willson Avenue and is legally described as Lots 4 – 10,
Block 2, Fairview Addition, City of Bozeman, Gallatin County, Montana.. The property is 28,350
square feet in lot area (210 feet x 135 feet), zoned as R-1 (Residential Single-Household, Low
Density District) and located within the Bon Ton Historic District and the Neighborhood
Conservation Overlay District.
The property is predominately surrounded by one-and-one- half and two-story, single-household
residences. Property lots are fairly large on this block, averaging 80 feet in width and 124 feet in
depth, with an average lot size of 9,920 square feet.
Please refer to the vicinity map on the following page.
#Z-06239 Delaney/Indreland Fence COA/DEV 1
PROPOSAL & BACKGROUND
This is a Certificate of Appropriateness with Deviations application to allow the addition of three
styles of fences in the extended yard of 415 South Willson Avenue. Two deviations are requested
with this application. Both are requested from Section 18.42.130, “Fences, Walls and Hedges,” to
allow two styles of fences to exceed 6 feet in height in the required corner side and rear yards.
Currently existing on the site is a two-and-one-half-story, rectangular plan, Georgian styled house,
which is undergoing rehabilitation and construction to allow a rear addition (approved in a previous
Certificate of Appropriateness with Deviations application, #Z-05301).
The applicant is reminded that if part of the site is sold off at a later date to a new owner, further
review may be required by the Department of Planning.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-1 (Residential Single-Household, Low Density District). As stated
in the Bozeman Unified Development Ordinance, the intent of the R-1 residential district is to
provide for single-household residential development, and to provide for such community facilities
and services that serve the area’s residents while respecting the residential character of the area.
The following land uses and zoning are adjacent to the subject property:
North: Single-Household Residence, zoned R-1 (Residential Single-Household, Low Density
High Density District);
South: Single-Household Residence (across East Story Street), zoned R-1 (Residential Single-
Household, Low Density High Density District);
East: Single-Household Residence (across South Willson Avenue, zoned R-1 (Residential
Single-Household, Low Density High Density District);
West: Single- and Two-Household Residences (across alley) zoned R-4 (Residential High
Density District).
#Z-06239 Delaney/Indreland Fence COA/DEV 2
#Z-06239 Delaney/Indreland Fence COA/DEV 3
GROWTH POLICY DESIGNATION
The development proposal is in conformance with the Bozeman 2020 Community Plan including
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, ADR Staff has 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 was considered during ADR Staff’s review of the design
guidelines.
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;
After several preliminary meetings with the applicants and representatives, Staff finds the
proposed height deviation as appropriate. The applicants agreed to place a fence
“transparent” in nature within the front and corner side yards. Such design (Fence Type C)
protects the view shed of the corner property while still providing the applicant protection
and privacy on their site.
2. Proportions of doors and windows;
N/A
3. Relationship of building masses and spaces;
N/A
#Z-06239 Delaney/Indreland Fence COA/DEV 4
4. Roof shape;
5. Scale;
With conditions, the “stockade” concrete fence (Fence Type B) is appropriately located
outside of the front and corner side yards and rather is located to the rear of the lot to offer
protection and privacy along the alley. Furthermore, the concrete fence is placed one-foot
off the property line to ensure minimal disturbance for traffic along the alley.
6. Directional expression;
N/A.
7. Architectural details;
As conditioned by ADR Staff, the applicant shall provide a color and material palette of the
new construction for final design and approval.
8. Concealment of non-period appurtenances, such as mechanical equipment;
N/A
9. Materials and color scheme.
As conditioned by ADR Staff, the applicant shall provide a color and material palette of the
new construction for final design and approval.
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 has 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;
After several preliminary meetings with the applicants and representatives, Staff finds the
proposed height deviation as appropriate. The applicants agreed to place a fence “transparent”
in nature within the front and corner side yards. Such a design (Fence Type C) protects the view
shed of the corner property while still providing the applicant protection and privacy on their
site.
With conditions, the “stockade” concrete fence (Fence Type B) is appropriately located outside
of the front and corner side yards and rather is located to the rear of the lot to offer protection
and privacy along the alley. Furthermore, the concrete fence is placed one-foot off the property
line to ensure minimal disturbance for traffic along the alley.
With the conditions outlined by ADR Staff, the proposed design of the rear addition is
determined to be compatible and appropriate to the architectural fabric of the site and
neighborhood.
#Z-06239 Delaney/Indreland Fence COA/DEV 5
B. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
Again, the corner view shed of the property is secured by placing a fence within the corner-side
yard that is “transparent” in nature. Wrought iron is considered an appropriate material for the
historic site.
It is the determination of the 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 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 did not receive any form of public comment in regards to this
application.
RECOMMENDED CONDITIONS OF APPROVAL
Staff has reviewed the application for a Certificate of Appropriateness with two deviations, 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. All proposed fences shall avoid the required site vision triangle at the alley and East Story
Street intersection.
2. Prior to the issuance of a building permit, the applicant shall submit a detail for the proposed
gate of Fence Type C.
3. Prior to the issuance of a building permit, the applicant shall submit a modified fence site
plan that depicts Fence Type B as beginning at the 15-foot corner side yard line along East
Story Street.
4. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff (including color of the concrete and
rod iron fencing material).
5. 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
approval shall become null and void.
#Z-06239 Delaney/Indreland Fence COA/DEV 6
6. 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 two deviations. 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 TWO DEVIATIONS, 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: Mike Delaney & Ileana Indreland, 101 East Main Street, Bozeman, MT 59715
Bitnar Architects, 502 S. Grand Avenue, Bozeman, MT 59715