HomeMy WebLinkAboutRuggiero Garage Certificate of Appropriateness_Dev_11Commission Memorandum
Memorandum created on April 18th 2007
REPORT TO: Honorable Mayor & City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Ruggiero Garage COA/DEV #Z-07052
MEETING DATE: Monday, April 23rd 2007
RECOMMENDATION: That the City Commission approve the Ruggiero Garage Certificate of
Appropriateness with Deviations application (#Z-07052) as conditioned by Staff.
BACKGROUND: This is a Certificate of Appropriateness application with Deviations, requesting the
addition of an attached single-car garage to the previously approved (but not yet constructed) single-
household residence at 720 East Orange Street.
One of the deviations requested with this proposal, for encroaching into the required corner side yard
setback, was required when the principal household was approved by the City Commission (March 2006).
With this garage proposal, a total of three deviations are requested. The first and second are from Section
18.16.050 “Yards,” to allow the new attached garage to encroach into the required 15-foot corner side
yard and 20-foot rear yard setbacks. The third is from Section 18.38.060, “Yard and Height
Encroachments, Limitations and Exceptions,” to allow a vehicular access to a garage within a
corner side yard to encroach into the required 20-foot setback.
UNRESOLVED ISSUES: The applicant is aware of the schedule change. Planning Staff is not aware of
any unresolved issues at this time.
FISCAL EFFECTS: The development, if carried forward, will require infrastructure and site improvements
to meet City standards that will be the responsibility of the applicant.
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 meeting.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
98
CITY COMMISSION STAFF REPORT
RUGGIERO SHR COA/ADR/DEV FILE #Z-07052
Item: Zoning Application #Z-07052, a Certificate of Appropriateness
Application with Deviations, requesting the addition of an
attached single-car garage to the previously approved (but not
yet constructed) single-household residence at 720 East Orange
Street, which is zoned as R-2 (Residential Two-Household,
Medium Density District) and is located within the
Neighborhood Conservation Overlay District.
Owners: Jory Ruggiero
215 South 5th Avenue
Bozeman, MT 59715
Applicant: Davidson Builders, Inc.
c/o Gray Davidson
PO Box 1121
Bozeman, MT 59771
Date & Time: City Commission Hearing: Monday, April 23rd 2007,
6:00 p.m., in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, MT 59715.
Report By: Allyson C. Bristor AICP, Associate Planner
Recommendation: Conditional Approval
PROJECT LOCATION
The subject property is located at 720 East Orange Street, a small corner lot at the southwest corner
of North Plum and East Orange, and is legally described as Lots 4 & 5, Block 51, Northern Pacific
Addition, City of Bozeman, Gallatin County, Montana. The property is approximately 5,225 square
feet in lot area, zoned as R-2 (Residential Two-Household, Medium Density District) and located
within the Neighborhood Conservation Overlay District.
Please refer to the vicinity map below.
#Z-07052 Ruggiero Garage COA/ADR/DEV 1 99
ROPOSAL & BACKGROUND
P
This is a Certificate of Appropriateness application with Deviations, requesting the addition of an
attached single-car garage to the previ
ously approved (but not yet constructed) single-household
sidence at 720 East Orange Street.
ction
access to a garage within a corner side yard to encroach into the required 20-foot
back.
ONING DESIGNATION & LAND USES
re
One of the deviations requested with this proposal, for encroaching into the required corner side
yard setback, was required when the principal household was approved by the City Commission
(March 2006). With this garage proposal, a total of three deviations are requested. The first and
second are from Section 18.16.050 “Yards,” to allow the new attached garage to encroach into
the required 15-foot corner side yard and 20-foot rear yard setbacks. The third is from Se
18.38.060, “Yard and Height Encroachments, Limitations and Exceptions,” to allow a
vehicular
set
Z
The subject property is zoned R-2 (Residential Two-Household, Medium Density District). As
stated in the Bozeman Unified Development Ordinance, the intent of the R-2 residential
to provide for one- and two-household residential development that presents few or no
development constr
district is
aints and that additionally respects the residential quality and nature of
rrounding areas.
he following land uses and zoning are adjacent to the subject property:
North: Residence, zoned R-2 (Residential Two-Household, Medium
South: and
East: Residence, zoned R-2 (Residential Two-Household, Medium
West: Residence, zoned R-2 (Residential Two-Household, Medium
Density District).
ROWTH POLICY DESIGNATION
su
T
Single-Household
Density District);
Commercial/Retail & Single-Household Residence (Zak Zakovi’s Art Studio
home), zoned R-2 (Residential Two-Household, Medium Density District);
Single-Household
Density District);
Single-Household
G
#Z-07052 Ruggiero Garage COA/ADR/DEV 2 100
#Z-07052 Ruggiero Garage COA/ADR/DEV 3
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. Th
dwelling unit density expected within this category varies and a variety of housing types should b
blended to achieve the desired densi
,
e
e
ty, with large areas of single type housing discouraged.
dditionally, all residential housing should be arranged with consideration given to the existing A
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
proval. In the discussion below, ADR Staff evaluated the applicant's request in light of these
stan
A. ll
ing,
ed 1995),
ural
Resource Stewardship and Partnerships, Heritage Preservation Services,
The Secretary of Interior Standards’ guidelines are considered with the design guidelines
B.
osed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
o owing:
The garage height is subordinate to the proposed height of the principal household and
s and windows;
.
The garage height and location is subordinate to the principal household and therefore,
priate.
.
f shape is proposed as flat, just like the principal household.
.
ap
dards.
All work performed in completion of an approved Certificate of Appropriateness sha
be in conformance with the most recent edition of the Secretary of Interior’s
Standards for the Treatment of Historic Properties with Guidelines for Preserv
Rehabilitating, Restoring and Reconstructing Historic Buildings (Publish
published by U.S. Department of the Interior, National Park Service, Cult
Washington, D.C. (available for review at the Department of Planning).
listed below.
Architectural appearance design guidelines used to consider the appropriateness and
compatibility of prop
up n the foll
1.Height;
therefore, found as appropriate.
2. Proportions of door
Non-applicable.
3 Relationship of building masses and spaces;
found as appro
4 Roof shape;
The roo
5 Scale;
101
The garage height and location is subordinate to the principal household and therefore,
found as appropriate.
. Directional expression;
The garage access is appropriately off East Orange Street.
.
rial
board of all materials affiliated with the new construction for final design and approval.
.
-mounted equipment must
be screened from all views, by either dense plant material or a solid wall. Rooftop
fully screened, by either incorporating the equipment
the roof form or be fully hidden behind a parapet wall.
.
C.
en such new construction or additions do
not destroy significant historical, cultural or architectural structures, or their
the
similar to the principal household,
which is contemporary and modern in design and is distinguishing itself from traditional
ibrant
D.
ctures, or addition to
ting structure, the review authority shall be guided by the Design Guidelines for
n Guidelines for the
Neighborhood Conservation Overlay District all apply to this project, as the property is
istrict. Said
ons were all considered during ADR Staff’s architectural review.
E. Conformance with other applicable development standards of this title.
The required criteria for granting deviations are examined in the following section.
6
7 Architectural details;
ADR Staff is conditioning the applicant to provide a detailed color palette and mate
8 Concealment of non-period appurtenances, such as mechanical equipment;
All mechanical equipment is required to be screened. Ground
mechanical equipment must be
into
9 Materials and color scheme.
ADR Staff is conditioning the applicant to provide a detailed color palette and material
board of all materials affiliated with the new construction for final design and approval.
Contemporary, nonperiod and innovative design of new structures and additions to
existing structures shall be encouraged wh
components, and when such design is compatible with the foregoing elements of
structure and the surrounding structures.
The architectural character of the proposed garage is
historic structures. Staff believes the proposed contemporary addition will serve as a v
example of a dynamic and changing community.
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 stru
exis
the Neighborhood Conservation Overlay District to determine whether the proposal
is compatible with any existing or surrounding structures.
The Introduction, Chapters 2, 4 and 5, and the Appendix of the Desig
deemed a “work on a non-contributing property ” in the Main Street Historic D
secti
#Z-07052 Ruggiero Garage COA/ADR/DEV 4 102
#Z-07052 Ruggiero Garage COA/ADR/DEV 5
Section 18.28.070 “Deviations from Underlying Zoning Requirements”
st
. n,
nstraints for any type of building alteration
or addition. Staff believes the project proposal, with the recommended conditions of
the
sehold
It is the determination of the Historic Preservation Office and ADR Staff that, with
ing Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
.
It is the determination of the Historic Preservation Office and ADR Staff that, with
ns from Underlying Zoning Requirements,” of the Bozeman Unified Development
Ordinance.
. ral
It is the determination of the Historic Preservation Office and ADR Staff that, with
roval, the project generally meets Criteria C of Section 18.28.070
“Deviations from Underlying Zoning Requirements,” of the Bozeman Unified Development
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 reque
in light of these criteria.
A Modifications shall be historically appropriate for the building and site in questio
and the adjacent properties, as determined by the standards in § 18.28.050 of this
chapter, than would be achieved under a literal enforcement of this title;
The small corner lot imposes difficult site co
and/
approval, will greatly enhance the site. The existing single-household encroaches into
required 15-foot corner side yard and Staff finds it appropriate for the principal hou
and the proposed garage to also encroach.
conditions of approval, the project generally meets Criteria A of Section 18.28.070
“Deviations from Underly
B Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof;
conditions of approval, the project generally meets Criteria B of Section 18.28.070
“Deviatio
C Modifications shall assure the protection of the public health, safety and gene
welfare.
conditions of app
Ordinance.
PUBLIC COMMENT
The Department of Planning did not receive any public comment in regards to this application.
RECOMMENDED CONDITIONS OF APPROVAL
Staff reviewed the Certificate of Appropriateness application with one deviation, against the criteria
Unified Development Ordinance. Based on the evaluation of the criteria
and findings by Administrative Design Review Staff, Staff recommends conditional approval of the
Cer
Conditi
set forth in the Bozeman
tificate of Appropriateness application with the following conditions:
ons of Approval
. The drive approach on East Orange Street shall be constructed in accordance with 1
103
the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb)
and shall be accurately shown on a revised site plan. A City Curb Cut and Sidewalk
2.
Permit shall be obtained prior to Building Permit issuance.
No new construction of any kind is permitted to occur over existing water and/or sewer
lines.
uilding permit (including Demolition Permits), the
applicant shall provide a color palette and materials board for final design review and
y Administrative Design Review Staff.
3. Prior to issuance of any type of b
approval b
The p ap licant must comply with all provisions of the Bozeman Municipal Code that are applicable
to th pis roject, including the following:
Code Provisions
8.02.080 & 18.64.110, the proposed project shall be completed Per Section 1 as approved
and conditioned in the Certificate of Appropriateness application. Any modifications to the
ess
air.
Per Section 18.64.100.F, the applicant shall obtain a building permit within one year of
f 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
submitted and approved application materials shall invalidate the project's legitimacy, unl
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 rep
Certificate o
process.
CONCLUSION
Administrative Design Review Staff recommends conditional approval of said Certificate of
Appropriateness application with 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 DEVIATIONS, THE BOZEMAN CITY COMMISSION SHALL MAKE THE
FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COM I N MAY BE APPEALED BY AN AGGRIEVED PERSOM SSIO N AS SET FORTH
I A R 18.66 OF THE BOZEMAN UNIFIED DEVELN CH PTE OPMENT ORDINANCE.
Encl: Applicant’s Submittal Materials
CC: Jory Ruggiero, 215 South 5th Avenue, Bozeman, MT 59715
Gray Davidson, PO Box 1121, Bozeman, MT 59771
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