HomeMy WebLinkAbout06-25-07 Packet_Jeske Accessory Dwelling Unit and Conditional Use _16
Report compiled on June 20, 2007
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Martin Knight, Assistant Planner
SUBJECT: Jeske ADU CUP, #Z-07109
MEETING DATE: Monday, June 25th, 2007
RECOMMENDATION: That the City Commission approve Application No. Z-07109 with the
conditions of approval as outlined in the attached Staff Report.
BACKGROUND: This is a Conditional Use Permit Application to permit the continued use of
an accessory dwelling unit (ADU) on property located at 210 Henderson Street. The subject
property is zoned “R-1,” Residential Single-Household, Low Density District. The property in
question is legally described as Lot 1, Block 3, Graf’s 3rd Subdivision, City of Bozeman, Gallatin
County, Montana. No deviations are requested.
The house in question was constructed in the fall of 2000. During the original construction of the
home, a basement apartment was constructed. According to the City of Bozeman Building &
Planning Departments records, no permits were issued that would indicate a second unit on this
property. In April 2006, through an inquiry with legal staff regarding a complaint, it was brought to
the City of Bozeman’s attention that an apartment was being rented in the basement of this single
family home. In January 2007, the City of Bozeman’s Code Enforcement Officer followed up
regarding. Through discussions, the property was given the option of removing the accessory
dwelling unit (ADU) or submitting a formal application to legalize it. Approval of this application
would permit the continued use of this accessory dwelling unit (ADU).
This application is CUP because accessory dwelling units are Conditional Uses in the R-1 zoning
district, per section 18.16 of the Unified Development Ordinance.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for
the proposed development at this time.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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CITY COMMISSION STAFF REPORT
JESKE ACCESSORY DWELLING UNIT CUP #Z-07109
#Z-07109 Jeske ADU CUP
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Item: Zoning Application #Z-07109, a Conditional Use Permit application to
allow the continued use of an accessory dwelling unit on property
located at 210 Henderson Street, which is zoned “R-1,” Residential
Single-Household, Low Density District.
Property Owners: Michael F. & Marla R. Jeske
PO Box 7311
Bozeman, MT 59771
Applicant/Representative: Michael F. & Marla R. Jeske
PO Box 7311
Bozeman, MT 59771
Date: City Commission Hearing: Monday, June 25th, 2007,
6:00 p.m., in the Community Room, Gallatin County Courthouse, 311
West Main Street, Bozeman, MT 59715.
Report By: Martin Knight, Assistant Planner
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located at 210 Henderson Street and legally described as Lot 1, Block 3, Graf’s 3rd
Subdivision, City of Bozeman, Gallatin County, Montana. The total lot area is approximately 12,328 square
feet (0.28 acres). Said property is zoned “R-1,” Residential Single-Household, Low Density District. Please
refer to the following vicinity map.
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PROPOSAL
This is a Conditional Use Permit Application to permit the continued use of an accessory dwelling unit
(ADU) on property located at 210 Henderson Street. The subject property is zoned “R-1,” Residential
Single-Household, Low Density District.
The house in question was constructed in the fall of 2000. During the original construction of the home, a
basement apartment was constructed. According to the City of Bozeman Building & Planning Departments
records, no permits were issued that would indicate a second unit on this property. In April 2006, through
an inquiry with legal staff regarding a complaint, it was brought to the City of Bozeman’s attention that an
apartment was being rented in the basement of this single family home. In January 2007, the City of
Bozeman’s Code Enforcement Officer followed up regarding. Through discussions, the property was given
the option of removing the accessory dwelling unit (ADU) or submitting a formal application to legalize it.
Approval of this application would permit the continued use of this accessory dwelling unit (ADU).
Parking for the accessory dwelling unit will be provided in the garage and driveway area as depicted on the
Site Plan. All setback, lot area, and lot coverage requirements are currently being met. No modifications to
the property are proposed with this application. Approval of this application would require the applicant to
verify that all applicable, building, electrical, and plumbing codes are being met. Denial of this application
would prohibit the basement apartment from being rented, and, would require elements of the kitchen to be
removed.
This application is CUP because accessory dwelling units are Conditional Uses in the R-1 zoning district, per
section 18.16 of the Unified Development Ordinance.
ZONING DESIGNATION & LAND USES
As previously noted, the subject property is zoned “R-1,” (Residential Single-Household, Low Density
District). The intent of the “R-1” District is to provide for single-household residential development and
related uses within the City at urban densities, and to provide for such community facilities and services as
will serve the area’s residents while respecting the residential character and quality of the area. The following
land uses and zoning are adjacent to the subject property:
North: Single-household residences; zoned “R-1,” Residential Single-Household, Low
Density District.
South: Single-household residences; zoned “R-1,” Residential Single-Household, Low
Density District.
East: Church; zoned “R-1,” Residential Single-Household, Low Density District.
West: Single-household residences; zoned “R-1,” Residential Single-Household, Low
Density District.
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Residential” in the Bozeman 2020 Community Plan. This category designates
places where the primary activity is urban density living quarters. Other uses which 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 classification varies.
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REVIEW CRITERIA & FINDINGS
The City of Bozeman Planning Office has reviewed the application for a Conditional Use Permit against
relevant chapters of the Unified Development Ordinance (UDO), and as a result offers the following
summary review comments. The findings outlined in this report include comments and recommended
conditions provided by the Development Review Committee (DRC). This project does not meet the
thresholds established by Chapter 18.62 to warrant evaluation by the Design Review Board.
Section 18.34.090 “Site Plan Review Criteria”
In considering applications for site plan approval under this title, the City Commission, the DRC,
and when appropriate, the ADR Staff shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman 2020 Community Plan land
use designation of “Residential.”
2. Conformance to this title, including the cessation of any current violations
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. The
following code provisions must be addressed prior to Final Site Plan approval:
a) Section 18.34.130 states that the applicant upon submitting the Final Site Plan for approval
by the Planning Director, and prior to the issuance of a building permit, will also submit a
written narrative outlining how each of the above conditions of approval and code
provisions have been satisfied or met.
b) Section 18.40.030.A.2 states that one paved off-street parking space for exclusive use of
the accessory dwelling unit shall be provided.
c) Section 18.40.030.A.5 states that no permit for accessory dwelling units shall be granted
unless the lot has been configured to accept an accessory dwelling unit with adequate lot
area, utility services, and compliance with setbacks and height standards.
d) Section 18.40.030.A.11 states that no deviations shall be granted to lot area requirements
or parking requirements to allow the establishment of an accessory dwelling unit.
e) Section 18.64.100 states that a building permit shall be obtained within one year of
approval, or said approval shall become null and void. Prior to the lapse of one year, the
applicant may seek an extension of one additional year from the Planning Director.
f) Section 18.64.110 states that no permit or license shall be issued unless the use,
arrangement and construction has been set forth in such approved plans and applications.
3. Conformance with all other applicable laws, ordinances, and regulations
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The proposal conforms to all other applicable laws, ordinances, and regulations. All
conditions for a Site Plan and Conditional Use Permit must be met prior to final site plan
approval. The plans will be further evaluated against the requirements of the International
Building Code if an application is made for a Building Permit.
4. Relationship of site plan elements to conditions both on and off the property
Currently, all adjacent properties are developed. A church is located to the east, and single
household residences are found to the north, south, and west. Again, this application is not
proposing any modifications to the existing conditions on the property. All zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. are currently being
met.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
A 3-car garage is found on the subject property. Adequate space is provided to permit
stacked parking in the driveway area. Thus, sufficient parking is being provided for the 4-
bedroom house and accessory dwelling unit.
6. Pedestrian and vehicular ingress and egress
Access to the accessory dwelling unit will be provided from the entryway found within the
garage. Pedestrian and vehicular access to the property is provided off Henderson Street.
Again, no modifications to the existing conditions on the property are proposed.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular
use, open space, and pedestrian areas, and the preservation or replacement of natural
vegetation
The existing landscaping complies with UDO Section 18.48 “Landscaping”. Again, no
modifications to the existing conditions on the property are proposed.
8. Open space
The Zoning Ordinance requirements are being met.
9. Building location and height
Again, no modifications to the existing conditions on the property are proposed. Thus,
building location and height are acceptable.
10. Setbacks
The setbacks in the R-1 zoning district are 15 feet front, 20 feet rear, and 5 feet on the sides.
Thus, both the principal house and accessory dwelling unit fulfill the setback requirements.
11. Lighting
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No exterior lighting has been proposed. Any exterior lighting will require a lighting plan and
must be reviewed, and approved, by the Planning Department prior to installation.
12. Provisions for utilities, including efficient public services and facilities
Water and sewer service are being obtained from Henderson Street. Accurate depiction of all
existing water and sewer mains has been included as a condition for Final Site Plan approval.
13. Site surface drainage
The existing site surface drainage is acceptable.
14. Loading and unloading areas
Non-applicable.
15. Grading
Non-applicable.
16. Signage
No signage is proposed. No signage is permitted.
17. Screening
All existing screening is acceptable.
18. Overlay district provisions
Non-applicable
19. Other related matters, including relevant comment from affected parties
No public comment has been received.
Any comments received after the date of this Staff Report will be distributed to the
Commission at the public hearing.
20. If the development includes multiple lots that are interdependent for circulation or
other means of addressing requirement of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming;
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
Non-applicable
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Section 18.34.100 “City Commission Consideration and Findings for Conditional Use Permits”
In addition to the review criteria outlined above, the City Commission shall, in approving a
conditional use permit, find favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity.
Again, currently, all adjacent properties are developed. A church is located to the east, and
single household residences are found to the north, south, and west. This application is not
proposing any modifications to the existing conditions on the property. All zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. are currently being
met and should ensure that the proposed does not negatively impact the surrounding
properties.
2. That the proposed use will have no material adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the
burden of proof.
All adjacent properties are zoned R-1 (Residential Single-Household, Low Density District).
Accessory dwelling units are a conditional use in the R-1 zoning district. Generally, minimal
traffic is generated with the addition of an accessory dwelling unit. And again, zoning
requirements, such as setbacks, parking, landscaping, lot coverage, etc. should ensure that
the proposed development does not negatively impact the surrounding properties. The
proposed layout will not prohibit development of adjacent properties.
No public comment has been received. Any comments received after the date of this Staff
Report will be distributed to the Commission at the public hearing.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include,
but are not limited to: regulation of use; special yards, spaces and buffers; special
fences, solid fences and walls; surfacing of parking areas; requiring street, service
road or alley dedications and improvements or appropriate bonds; regulation of
points of vehicular ingress and egress; regulation of signs; requiring maintenance of
the grounds; regulation of noise, vibrations and odors; regulation of hours for certain
activities; time period within which the proposed use shall be developed; duration of
use; requiring the dedication of access rights; other such conditions as will make
possible the development of the City in an orderly and efficient manner.
a. Regulation of use: no special recommendations.
b. Special yards, spaces and buffers: As discussed above in item 2, the site provides adequate
size and topography to accommodate the accessory dwelling unit.
c. Special fences, solid fences and walls: No special conditions recommendations.
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d. Surfacing of parking areas: No special conditions recommended.
e. Requiring street, service road or alley dedications and improvements: No special
recommendations.
f. Regulation of points of vehicular ingress and egress: No special recommendations.
g. Regulation of signs: None permitted. All signage must be approved by Vicki Hasler, Code
Enforcement Officer for the City of Bozeman
h. Requiring maintenance of the grounds: No special conditions.
i. Regulation of noise, vibrations and odors: The issuance of the CUP will not add noise,
vibrations or odors.
j. Regulation of hours for certain activities: No regulations are recommended.
k. Time period within which the proposed use shall be developed: No special conditions
recommended.
l. Duration of use: As long as at least one owner of record resides on the property, the use may
continue for the life of the structure.
m. The dedication of access rights: None.
n. Other such conditions as will make possible the development of the City in an orderly and
efficient manner: No additional recommended conditions.
Staff has not identified any additional conditions, other than those listed below, to protect the
public health, safety, and general welfare.
RECOMMENDED CONDITIONS OF APPROVAL
Based on the previous analysis, the DRC finds that the application, with conditions, is in general compliance
with the adopted Growth Policy and the City of Bozeman Unified Development Ordinance. The following
three conditions of approval are recommended:
Planning:
1. No more than one of the dwellings, either the principal or the accessory dwelling, may be rented by
non-owners at the same time. A covenant enforcing this rental restriction must be recorded with
Clerk and Recorders Office prior to Final Site Plan approval. Evidence of this must be provided to
the Planning Department prior to Final Site Plan approval.
2. Occupancy, at any time, of the accessory dwelling unit shall not exceed two persons. Language
stating this shall be included on the Final Site Plan prior to Final Site Plan approval.
3. Prior to Final Site Plan approval, the applicant shall verify with the Building Department that all
applicable Building, Electrical, and Plumbing codes are being met.
Engineering:
1. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall also be
provided.
2. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer Superintendent.
CONCLUSION/RECOMMENDATION
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The DRC has reviewed the Conditional Use Permit Application to permit the continued use of an accessory
dwelling unit on property located at 210 Henderson Street and as a result recommend to the City
Commission approval of said application with the conditions and code provisions outlined in this Staff
Report. Planning Staff has identified various code provisions that are currently not met by this application.
Some or all of these items are listed in the findings of this Staff Report. The applicant must comply with all
provisions of the Bozeman Unified Development Ordinance, which are applicable to this project, prior to
receiving Final Site Plan approval. 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.
Attachments: Applicant’s Submittal Materials
Report Sent To: Michael F. & Marla R. Jeske, PO Box 7311, Bozeman, MT 59771
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Montana Cadastral Mapping Project
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Northwest corner.
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Southwest corner.
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Northeast corner.
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Basement
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Main Level
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Second Floor
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Parking
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