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HomeMy WebLinkAbout12-17-07_Pertzborn Residence Certificate of Appropriat22222_28Commission Memorandum Memorandum created on December 12th 2007 REPORT TO: Honorable Mayor & City Commission FROM: Allyson C. Bristor, Associate Planner SUBJECT: Pertzborn Residence COA/DEV #Z-07248 MEETING DATE: Monday, December 17th 2007 RECOMMENDATION: Based on the evaluation of the criteria and findings, Staff is making the following recommendation to the City Commission: § DENIAL of deviation request to allow the accessory structure’s +600-square foot building footprint to encroach within the 20-foot rear yard setback (Sections 18.16.050 & 18.38.050). § DENIAL of deviation request to allow the accessory structure to encroach within the 20-foot rear yard setback (Sections 18.16.050 & 18.38.050). § DENIAL of deviation request to allow the concrete parking area to be located within the required 5- foot side yard setback (Section 18.46.020). § SUPPORT of deviation request to allow the accessory structure 2nd floor side walls to exceed 5 feet (Section 18.38.050). § CONDITIONAL APPROVAL of demolition of existing structures and new construction of single- household residence and accessory structure. BACKGROUND: Rob and Lisa Pertzborn, represented by Intrinsik Architecture, submitted a Certificate of Appropriateness application requesting the following exterior alterations to the property located at 433 North Black Avenue: 1) the demolition of the existing house, which is listed as a “neutral” structure on the City of Bozeman’s Montana Historical & Architectural Inventory, 2) the demolition of the existing detached shed, 3) new construction of a two-story, single-household residence, 4) new construction of a detached, two-car garage with a studio space on the 2nd floor, and 5) related site improvements. Deviations from the Unified Development Ordinance (UDO) are requested with this application. The first is from Section 18.16.050, “Yards,” to allow the new detached garage to encroach into the required 20- foot rear yard setback. The second and third are from Section 18.38.050, “Accessory Buildings, Uses and Equipment,” to allow an accessory structure greater than 600 square feet to be located in the required rear yard and to allow dormer side walls on the 2nd floor of the accessory structure to exceed 5 feet in height. The fourth is from Section 18.46.020, Stall, Aisle and Driveway Design,” to allow a required parking space to be located within the required 5-foot side yard setback. Staff had to cite two sections of the UDO (Sections 18.16.050 and 18.38.050) for the applicant’s request to allow the accessory structure’s greater than 600-square foot building footprint to encroach within the 20-foot rear yard setback. There are two sections of the code that address the same issue of rear yard encroachment. Staff is arguing that this one issue should be looked at as one deviation request, rather than two. Therefore, the applicant is not exceeding the allotted amount of two deviations for accessory structures (per Section 18.38.050.G.3). 493 Commission Memorandum Memorandum created on December 12th 2007 The existing house at 433 North Black Avenue was formally listed as “contributing” on the Montana Historical & Architectural Inventory for the City of Bozeman. The Historic Preservation Officer is responsible to review the Inventory form prior to the review of the demolition proposal and, if necessary, update to reflect current conditions on the site. ADR Staff visited the site and determined that the house is in poor structural condition because of inadequate maintenance over the past years (not necessarily from the current owner) and a failing foundation. The house’s historic integrity and its “contributing” status are weakened because of the failing structural elements in combination with the addition of non-original materials (metal roof, enclosed front entry, rear addition, etc.). Because of the outlined physical conditions, Staff felt comfortable preliminarily updating the Inventory to list the building as “neutral.” As stated in Section 18.28.080 of the UDO, “Demolition or Movement of Structures or Sites within the Conservation District,” the final approval authority for the demolition of neutral structures shall rest with the City Commission when proposed in conjunction with a deviation request. Therefore, the Commission will take action on the proposed structure’s proposed demolition. The Development Review Committee (DRC) conducted their informal review of the project proposal on November 28th 2007. At that time, the Building, Fire and Engineering Departments, and the City Forester, forwarded Planning Staff their recommended conditions of approval. UNRESOLVED ISSUES: Planning Staff is expecting the applicant to challenge the recommended conditions of approval. Please reference Staff’s thorough discussion on the proposal beginning on Page 5 of the Staff Report to better understand the recommendations. FISCAL EFFECTS: The development, if carried forward, will require 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 494 CITY COMMISSION STAFF REPORT PERTZBORN RESIDENCE COA #Z-07248 Pertzborn Residence COA Staff Report (#Z-07248) 1 Item: Zoning Application #Z-07248, a Certificate of Appropriateness Application requesting the following alterations to the property located at 433 North Black Avenue: 1) the demolition of the existing house, which was recently updated as a “neutral” structure on the City of Bozeman’s Montana Historical & Architectural Inventory, 2) the demolition of the existing detached shed, 3) new construction of a two- story, single-household residence, 4) new construction of a detached, two-car garage with a studio space on the 2nd floor, and 5) related site improvements. Said property is zoned as “R-3” (Residential Medium Density District) and is located within the Neighborhood Conservation Overlay District. Owner: Rob & Lisa Pertzborn 518 North Tracy Avenue Bozeman, MT 59715 Representative: Intrinsik Architecture, Inc. 111 North Tracy Avenue Bozeman, MT 59715 Date: City Commission Public Hearing: Monday, December 17th 2007, 6:00 pm, in the Community Room, Gallatin County Courthouse, 311 West Main Street, Bozeman, MT 59715 Report By: Allyson C. Bristor, AICP Associate Planner & Historic Preservation Officer Staff Recommendation: § DENIAL of deviation request to allow the accessory structure’s +600-square foot building footprint to encroach within the 20- foot rear yard setback (Sections 18.16.050 & 18.38.050). § SUPPORT of deviation request to allow the accessory structure 2nd floor side walls to exceed 5 feet (Section 18.38.050). § DENIAL of deviation request to allow the concrete parking area to be located within the required 5-foot side yard setback (Section 18.46.020). § CONDITIONAL APPROVAL of demolition of existing structures and new construction of single-household residence and accessory structure. 495 Pertzborn Residence COA Staff Report (#Z-07248) 2 LOCATION The subject property is located at 433 North Black Avenue and is legally described as Lots 14 & 15, Block E, Beall’s 2nd Addition, City of Bozeman, Gallatin County, Montana. The property is zoned as “R-3” (Residential Medium Density District) and located within the Neighborhood Conservation Overlay District. The property is visually prominent on North Black because of its close proximity to Beall Park’s open space. When one faces west while standing on the Beall Park property, or the neighboring cross streets of East Story and East Villard, the entire west side of North Black’s 400-block is prominently visible. Please refer to the following aerial picture, which shows the subject property highlighted in yellow. PROPOSAL Rob and Lisa Pertzborn, represented by Intrinsik Architecture, submitted a Certificate of Appropriateness application requesting the following exterior alterations to the property located at 433 North Black Avenue: 1) the demolition of the existing house, which is listed as a “neutral” structure on the City of Bozeman’s Montana Historical & Architectural Inventory, 2) the demolition of the existing detached shed, 3) new construction of a two-story, single-household residence, 4) new construction of a detached, two-car garage with a studio space on the 2nd floor, and 5) related site improvements. Deviations from the Unified Development Ordinance (UDO) are requested with this application. The first is from Section 18.16.050, “Yards,” to allow the new detached garage to encroach into the required 20-foot rear yard setback. The second and third are from Section 18.38.050, “Accessory Buildings, 496 Pertzborn Residence COA Staff Report (#Z-07248) 3 Uses and Equipment,” to allow an accessory structure greater than 600 square feet to be located in the required rear yard and to allow dormer side walls on the 2nd floor of the accessory structure to exceed 5 feet in height. The fourth is from Section 18.46.020, Stall, Aisle and Driveway Design,” to allow a required parking space to be located within the required 5-foot side yard setback. Staff had to cite two sections of the UDO (Sections 18.16.050 and 18.38.050) for the applicant’s request to allow the accessory structure’s greater than 600-square foot building footprint to encroach within the 20-foot rear yard setback. There are two sections of the code that address the same issue of rear yard encroachment. Staff is arguing that this one issue should be looked at as one deviation request, rather than two. Therefore, the applicant is not exceeding the allotted amount of two deviations for accessory structures (per Section 18.38.050.G.3). The existing house at 433 North Black Avenue was formally listed as “contributing” on the Montana Historical & Architectural Inventory for the City of Bozeman. The Historic Preservation Officer is responsible to review the Inventory form prior to the review of the demolition proposal and, if necessary, update to reflect current conditions on the site. ADR Staff visited the site and determined that the house is in poor structural condition because of inadequate maintenance over the past years (not necessarily from the current owner) and a failing foundation. The house’s historic integrity and its “contributing” status are weakened because of the failing structural elements in combination with the addition of non-original materials (metal roof, enclosed front entry, rear addition, etc.). Because of the outlined physical conditions, Staff felt comfortable preliminarily updating the Inventory to list the building as “neutral.” As stated in Section 18.28.080 of the UDO, “Demolition or Movement of Structures or Sites within the Conservation District,” the final approval authority for the demolition of neutral structures shall rest with the City Commission when proposed in conjunction with a deviation request. Therefore, the Commission will take action on the proposed structure’s proposed demolition. The Development Review Committee (DRC) conducted their informal review of the project proposal on November 28th 2007. At that time, the Building, Fire and Engineering Departments, and the City Forester, forwarded Planning Staff their recommended conditions of approval. 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 new service facilities within the City. It should provide for 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-Family Residential, zoned “R-3”; South: Multi-Family Residential, zoned “R-3”; East: Single-Family Residential, zoned “R-3”; West: Single-Family Residential and Multi-Family Residential (Reach, Inc), zoned “R-2,” (Residential Two-Household, Medium Density District). Please see the zoning map on the following page. 497 Pertzborn Residence COA Staff Report (#Z-07248) 4 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 & STAFF FINDINGS ADR Staff reviewed the COA application against Section 18.28.050 of the UDO, and as a result offers the following summary review comments. Section 18.28.050 “Standards for Certificates of Appropriateness” 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 proposed demolition does not conform to the Secretary of Interior’s Standards for Rehabilitation, which encourages the preservation and rehabilitation of the existing buildings on the property. Rehabilitation work may be cost prohibitive in some regards, but Staff also recognizes that the existing house is not too far altered or damaged where it is not an option to a homeowner. 498 Pertzborn Residence COA Staff Report (#Z-07248) 5 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: The Bozeman Design Guidelines for Historic Preservation & the Neighborhood Conservation Overlay District was heavily referenced by ADR Staff when writing the architectural appearance comments. The applicant’s colored schematics of the proposal and Staff’s photographs of the neighborhood are included amongst Staff’s comments, for the Commission’s better understanding. 1. Height; The house is proposed as a two-story building reaching 29 feet at the highest ridge line. As conditioned, the applicant is required to submit a street elevation to show the proposed single- household’s height in relation to its neighbors along North Black. The purpose of the street elevation is to ensure the proposed construction falls within the established height range of the surrounding block. The primary ridge line of the new construction should not exceed the typical maximum for the block. . West side of N. Black viewed from Beall Park (subject property on right) 2. Proportions of doors and windows; 3. Relationship of building masses and spaces; 4. Roof shape; 5. Scale; 6. Directional expression; 7. Architectural details; 8. Concealment of non-period appurtenances, such as mechanical equipment; 9. Materials and color scheme. 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 499 Pertzborn Residence COA Staff Report (#Z-07248) 6 such design is compatible with the foregoing elements of the structure and the surrounding structures. The UDO encourages new construction and contemporary architecture provided primary emphasis is given to the preservation of existing buildings, and further provided the design of such new space enhances and contributes to the aesthetic character and function of the property and the surrounding neighborhood. Staff notes that preservation is not the primary emphasis of this project because of the proposed demolition. Therefore, Staff added several conditions of approval that addressed design concerns of the new construction, some which included proposed contemporary elements. ADR Staff finds the design of the new construction as compatible with the foregoing elements of the surrounding neighborhood with said conditions. 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 Introduction, Chapters 2 and 3, and the Appendix of the Bozeman Design Guidelines for Historic Preservation & the Neighborhood Conservation Overlay District all apply to this project, as the property is deemed as “neutral ”on the Montana Historical & Architectural Inventory for the City of Bozeman. Said sections were all considered during ADR Staff’s architectural review and presented below for the Commission’s consideration and reference. Staff comments are included in italics. Chapter 2: Design Guidelines for All Properties A. Topography Policy: Site work should be planned to protect the assets of the existing topography. Guidelines: 2. Design a building foundation to conform to the existing topography, rather than creating extensive cut and fill. 3. Minimize the visual impacts of cut and fill on a site. § ADR Staff recognizes the site has a grade change and recommends the applicant step the foundation of the new construction to follow site contours. Staff is also curious to whether or not the proposed retaining wall parallel to the front sidewalk is required for grading purposes? Or is it rather a design feature? B. Street Patterns Policy: Historic settlement patterns seen in street and alley plans often contribute to the distinct character of the historic district and therefore should be preserved. Guidelines: 1. Respect historic settlement patterns. § Staff agrees with the applicant’s underlying site layout, which includes proposing the house close to the street and a detached accessory structure to the rear with garage 500 Pertzborn Residence COA Staff Report (#Z-07248) 7 access off the alley. However, accessory structures located to the rear of lots are traditionally subordinate in scale and character to the primary structure. Staff sees the proposed 986-square foot building footprint, two-story height and 11-foot setback of the garage as terribly excessive for the existing alley character. Additionally, Staff finds the proposed width of house’s front too excessive. Typically, a residential front ranges from 14-30 feet width. This proposal, when including the width of the covered porch area, is measuring at 36 feet in width. Several of the recommended conditions of approval address these stated concerns. C. Alleys Guidelines: 2. The traditional scale and width of alleys should be continued. § Again, Staff is concerned with the detached garage’s affect on the alley’s character because of its non-traditional size and scale. D. Streetscape Policy: Maintain the traditional character of the streetscape. Guidelines: 2. Maintain the variety of sidewalk designs. 4. Continue the pattern of street trees in a block. Because street trees serve various aesthetic and practical functions, they should be maintained. § Staff has concerns with the proposed retaining wall along the front sidewalk, as no example exists on the block. § The City Forester requires a “Tree Protection Zone” around the proposed trees to remain on the property and in the street boulevard, to ensure they are not damaged by equipment during construction. F. Building Form Policy: A similarity of building forms also contributes to a sense of visual continuity. In order to maintain this sense of visual continuity, a new building should have basic roof and building forms that are similar to shoes seen traditionally. Guidelines: 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 proposed building form of the house in the front is not a rectangular solid with a flat front façade. Parts of the first floor are recessed behind the second floor plane, which is untypical in form. Staff is conditioning a flushed gable front for both first and second floors. § The proposed shed roof form of the front covered porch is exotic because it is flush with the first floor’s front wall and because the horizontal siding continues across its side. It is also exaggerated in length. Staff is conditioning the form and design of the covered porch to change to a more traditional style and placement. 501 Pertzborn Residence COA Staff Report (#Z-07248) 8 G. Solid-to-Void Ratio Policy: The amount of façade that is devoted to wall surface, as compared to that developed as openings, should be similar to that of historic buildings within the neighborhood. Guidelines: 1. Use a ratio of solid-to-void (wall-to-window) that is similar to that found on historic structures in the district. § ADR Staff discourages the use of slider and/or picture windows and is conditioning the front elevation of the building to use window fixtures that have small panes of glass (double- or single-hung windows, true divided lights or awnings and/or casement windows that are grouped to give the appearance of smaller panes similar to those seen traditionally. § ADR Staff encourages a smaller wall-to-window ratio on the front (east) elevation. Or in other words, more windows that are similar in style and dimension. The primary concern are the elevations prominently viewed from the street. H. Materials Policy: Building materials of new structures and additions to existing structures should contribute to the visual continuity of the neighborhood. Guidelines: 1. Use building materials that appear similar to those used traditionally in the area. 3. New materials that are similar in character to traditional materials may be acceptable with appropriate detailing. § The proposed horizontal lap siding is appropriate for the historic district. However, Staff is requiring the same lap width to be proposed for the house’s front elevation, rather than a combination. § All proposed glazing should be non-reflective and translucent. § All proposed window fixtures should be surrounded with a trim detail. § The proposed architecturally finished concrete is slightly non-traditional. Staff has concerns about its predominant use in the proposed retaining walls. L. Site Lighting Guidelines: 1. Lighting should be shielded to prevent any off-site glare. § All proposed light fixtures shall be shown on the final revised materials. Chapter 3: Guidelines for Residential Character Areas A. Hierarchy of Public and Private Space Policy: The hierarchy of public and private space is a progression that begins at the street, which is the most public space, proceeds through the front yard, which appears “semi- private,” and ends at the front door, which is the “private” space. This sequence enhances the pedestrian environment and contributes toe the character of the neighborhood. Guidelines: 1. Provide a front yard similar in character to its neighbors when possible. 2. Provide a walkway from the street to the building. 502 Pertzborn Residence COA Staff Report (#Z-07248) 9 § The new construction appears to provide a front yard similar to its neighbors. § A front sidewalk is appropriately proposed from the public sidewalk to the porch. B. Building Mass and Scale Policy: The mass and scale of a building is also an important design issue in a residential character area. The traditional scale of single household houses dominates the neighborhood, and this similarity of scale also enhances the pedestrian-friendly character of many streets. In many cases, earlier buildings were smaller than current tastes support; nonetheless, a new building should, to the greatest extent possible, maintain this established scale. Guidelines: 1. Construct a new building to be similar in mass and scale to those single household residences seen traditionally. 2. On larger structures, step down a building’s height toward the street, neighboring structures and the rear of the lot. 3. On larger structures, subdivide larger masses into smaller “modules” that are similar in size to single household residences seen traditionally. 4. The front wall of a new structure should not exceed two stories in height. § The second floor should not overhang the first floor on the predominant front elevation. C. Roof Form Policy: In most neighborhoods, a similarity of roof form also contributes to a sense of visual continuity. In order to maintain this sense of visual continuity, a new building should have basic roof form that is similar to those seen traditionally. Guideline: 1. Use roof forms that are similar to those seen traditionally on the block. § The primary ridge line of the house should not exceed the typical maximum height for the block. E. Conformance with other applicable development standards of this title. The required criteria for the City Commission granting demolition is examined in the following section. 503 Pertzborn Residence COA Staff Report (#Z-07248) 10 504 Pertzborn Residence COA Staff Report (#Z-07248) 11 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 chapter, than would be achieved under a literal enforcement of this title; Staff supports the applicant’s deviation request for the second floor addition because it falls within the existing house’s footprint. Also, the design is found as historically appropriate, as described in the previous section. It is the determination of the 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; Staff finds the second floor addition as having minimal effect on the adjoining neighbor to the south, because the linear length of the second floor wall is only 16 feet. 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. 505 Pertzborn Residence COA Staff Report (#Z-07248) 12 An easement with the adjoining neighbor to the south is already established for the existing house’s porch on the south elevation. 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. Section 18.28.080.B “The demolition or movement of Conservation District principal and accessory structures or sites, which are designated as intrusive or neutral elements by the Montanan Historical and Architectural Inventory…the final approval authority for the demolition or movement of structures or sites described within this section shall rest with the City Commission when proposed in conjunction with a deviation… The existing house at 433 North Black Avenue was formally listed as “contributing” on the Montana Historical & Architectural Inventory for the City of Bozeman. The Historic Preservation Officer is responsible to review the Inventory form prior to the review of the demolition proposal and, if necessary, update to reflect current conditions on the site. ADR Staff visited the site and determined that the house is in poor structural condition because of inadequate maintenance over the past years (not necessarily from the current owner) and a failing foundation. The house’s historic integrity and its “contributing” status are weakened because of the failing structural elements and the addition of non-original materials (metal roof, enclosed front entry, rear addition, etc.). Because of the outlined physical conditions, Staff felt comfortable preliminarily updating the Inventory to list the building as “neutral.” As stated in Section 18.28.080 of the UDO, “Demolition or Movement of Structures or Sites within the Conservation District,” the final approval authority for the demolition of neutral structures shall rest with the City Commission when proposed in conjunction with a deviation request. Therefore, the Commission will take action on the proposed structure’s proposed demolition. Planning Staff is excited to see redevelopment occur to the 400-block of North Black. The houses have been subject to several inappropriate changes over the years, which have weakened the historic integrity of the entire block. Though preservation of the existing structure would be the ideal solution for the site, Planning Staff supports the applicant’s request for demolition for new construction. Staff is also comforted by the fact several of the conditions of approval require the applicant to historically document the existing structures on the 433 North Black Avenue property prior to issuance of a demolition permit. This will ensure the history of the house remains documented for future reference. PUBLIC COMMENT The Department of Planning did not receive public comment in regards to this project. RECOMMENDATION Planning and Administrative Design Review (ADR) Staff reviewed the Certificate of Appropriateness application with deviations, against the applicable criteria set forth in the Bozeman Unified Development Ordinance. Based on the evaluation of the criteria and findings, Staff is making the following recommendation to the City Commission: 506 Pertzborn Residence COA Staff Report (#Z-07248) 13 § DENIAL of deviation request to allow the accessory structure’s +600-square foot building footprint to encroach within the 20-foot rear yard setback (Sections 18.16.050 & 18.38.050). § DENIAL of deviation request to allow the accessory structure to encroach within the 20-foot rear yard setback (Sections 18.16.050 & 18.38.050). § DENIAL of deviation request to allow the concrete parking area to be located within the required 5-foot side yard setback (Section 18.46.020). § SUPPORT of deviation request to allow the accessory structure 2nd floor side walls to exceed 5 feet (Section 18.38.050). § CONDITIONAL APPROVAL of demolition of existing structures and new construction of single-household residence and accessory structure. The recommended conditions of approval relevant to the demolition of the existing structures on the property and the proposed new construction of the residence and accessory structure: Conditions of Approval Planning 1. Prior to issuance of a demolition/ building permit, the applicant shall perform the following documentation of the existing structures: a. Exterior and interior BW photographs (minimum size of 4”x6”) of all existing structures, presented in both print and digital formats (on a CD-R). b. Scaled elevations of all existing structures. c. Final update to the Historical & Architectural Inventory file for 433 North Black Avenue. The architecture description and condition will be updated, as well as the additional historic research. The Historic Preservation Officer will direct the applicant to the appropriate paperwork for the update. Prior to release of the Certificate of Appropriateness, the applicant shall submit the documentation materials to the Department of Planning for final review and approval by Administrative Design Review Staff. 2. Prior to issuance of a demolition/building permit, the applicant shall salvage individual building materials of the existing house and detached shed. The applicant may choose to salvage materials at his personal expense (personal storage, etc), or he may offer them for trade and/or sale to the public (newspaper ad, etc.). Prior to release of the Certificate of Appropriateness, the applicant shall submit documented proof to the Department of Planning of the selected salvage method, for final review and approval by Administrative Design Review Staff. 2. The applicant shall submit additional information to the Department of Planning that addresses the following issues, for final review and approval by Administrative Design Review Staff: a. A scaled street elevation that shows the height and massing of the houses on North Black’s west side (400-block) between East Villard and East Story. b. A scaled elevation (either north or south) that shows both the principal single- household and accessory structure. c. Scaled section(s) of the house’s loft/storage area. Please clarify how that space will 507 Pertzborn Residence COA Staff Report (#Z-07248) 14 be accessed from the second floor. d. Scaled section(s) showing the proposed sidewall heights of the garage’s second floor. 3. The applicant shall submit to the Department of Planning revised materials that reflect the following changes, for final review and approval by Administrative Design Review Staff: a. On the Sheets A1.1 – A1.3, an identified “Tree Protection Zone” around the existing trees proposed to remain on the property and in the street boulevard shall be added, with a notation that states: “Trees will not be damaged by equipment during construction.” b. A notation that states: “Foundation of the new construction will follow existing site contours.” c. Staff is also curious to whether or not the proposed retaining wall parallel to the front sidewalk is required for grading purposes? Or is it rather a design feature? d. The height of the 2nd floor gable dormers on the garage shall be below the primary gable ridgeline. e. The removal of all slider windows, and replacement with double-hung windows, or awnings and/or casement windows that are grouped to give the appearance of smaller panes similar to those seen traditionally. f. A smaller wall-to-window ratio on the front (east) elevation. Or in other words, more windows should be added on the front elevation. g. A notation that states “all proposed glazing should be non-reflective and translucent.” h. A notation that states “all proposed window fixtures should be surrounded with a trim detail.” i. The removal of the proposed vertical board-and-batten siding, and replacement with a different façade treatment more traditional in style for the surrounding historic neighborhood. j. The replacement of the proposed front door with a more traditional design. ADR Staff recommends two sidelights, or no sidelights and rather a glazed transom. k. The addition of a front walkway from the street to the new construction. l. Additional design details to make the front porch more prominent in the house design. Larger columns may help to establish a stronger base, as well as increasing the depth of the front porch by increasing the front yard setback of the house footprint. A larger railing around the porch might also help create a better presence along the streetscape. m. A reduction in height of the gross gable on the north elevation, so that it is lower in height than the primary gable ridge. n. The removal of the proposed gable porch on the front elevation, and replacement with a more traditional window in the gable end OR If the applicant wishes to maintain the porch on the front elevation, the amount of glazing/windows should substantially decrease. 4. Prior to issuance of any type of a demolition/building permit, the applicant shall submit a color palette for the building to the Department of Planning, which includes actual material samples and color chips. The materials/color palette shall be presented on a board no larger than 24” x36” and contain all the primary materials to be utilized on the building including window/storefront frames and doors (entry, garage, and service). All final building elevations shall be keyed to the color palette to delineate where each individual building 508 Pertzborn Residence COA Staff Report (#Z-07248) 15 material and color is specified. The materials/color palette shall be subject to final design review and approval by Administrative Design Review Staff. Engineering Any existing city sidewalk panels along N. Black that are damaged shall be replaced. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project prior to receiving final approval, including the following: Code Provisions Planning § Per Section 18.02.080 & 18.64.110, the proposed project shall be completed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless 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 repair. § Per Section 18.64.100.F, the applicant shall obtain a building permit within one year of Certificate of 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 process. Engineering § The final revised materials shall be adequately dimensioned. A complete legend of all line types used shall also be provided. § Sewer and water services shall be shown on the final revised materials and approved by the Water/Sewer Superintendent. 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. CONCLUSION In the opinion of the Historic Preservation Officer, the proposed demolition of 608 South Grand Avenue does destroy a contributing architectural structure in the Bon Ton Historic District. ADR Staff does believe the structure is a threat to public health and safety because of the great extent of damage caused to the structure by the interior and exterior deconstruction. The supplied cost comparison leads Staff to determine that the required repairs and alterations are not reasonable in nature. Considering the appropriate design of the new construction, with the recommended conditions of approval, Staff is providing support of the demolition of 608 South Grand Avenue. 509 Pertzborn Residence COA Staff Report (#Z-07248) 16 Attachments: Montana Historical & Architectural Inventory File – 433 North Black Avenue Applicant’s Submittal Materials – including structural analysis, cost comparison Report Sent To: Rob & Lisa Pertzborn, 518 North Tracy Avenue, Bozeman, MT 59715 Intrinsik Architecture, 111 North Tracy Avenue, Bozeman, MT 59715 510 Pertzborn Residence COA Staff Report (#Z-07248) 17 511 Pertzborn Residence 433 North Black Avenue Bozeman, Montana COA Sketch Plan Application With Deviations 7 November 2007 512 513 514 Page 3 (Certificate of Appropriateness Checklist 1 – Prepared 11/24/03; revised on 9/8/04) CERTIFICATE OF APPROPRIATNESS CHECKLIST 1 If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District, and qualifies for review as a Sketch Plan; Reuse, Change of Use or Further Development of a Site Developed Before 9-3-91; or Amendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section 18.34.050 (Sketch Plan Review), Section 18.34.150 (Amendments to Sketch and Site Plans) or Section 18.34.170 (Reuse, Change in Use or Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title), BMC. These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Neighborhood Conservation Overlay District. If a proposed development is located in the Neighborhood Conservation Overlay District, information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: Neighborhood Conservation Overlay District Information Yes No N/A 1. One current picture of each elevation of each structure planned to be altered and such additional pictures of the specific elements of the structure or property to be altered that will clearly express the nature and extent of change planned. Except when otherwise recommended, no more than eight pictures should be submitted and all pictures shall be mounted on letter-size sheets and clearly annotated with the property address, elevation direction (N, S, E, W) and relevant information 2. Sketch plan, with north at the top of the page, including site boundaries, accurate lot and building area dimensions, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines 3. Historical information, including available data such as pictures, plans, authenticated verbal records and similar research documentation that may be relevant to the planned alteration 4. Materials and color schemes to be used 5. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s proposed alterations 6. A schedule of planned actions that will lead to the completed alterations 7. Such other information as may be suggested by the Planning Department 8. Description of any applicant-requested deviation(s) and a narrative explanation as to how the requested deviation(s) will encourage restoration and rehabilitation activity that will contribute to the overall historic character of the community B. Entryway Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District, information shall be provided to the appropriate review authority to review prior to granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review authority to make its determination. At a minimum, the following items shall be included in the submission: Entryway Corridor Overlay District Information Yes No N/A 1. Sketch plan, with north at the top of the page, including site boundaries, accurate lot and building area dimensions, street and alley frontages with names, and location of all structures with distances to the nearest foot between buildings and from buildings to property lines 2. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s proposed alterations 3. Such other information as may be suggested by the Planning Department 4. If the proposal includes an application for a deviation as outlined in Section 18.66.050 (Deviations), BMC, the application for deviation shall be accompanied by written and graphic material sufficient to illustrate the conditions that the modified standards will produce, so as to enable the City Commission to make the determination that the deviation will produce an environment, landscape quality and character superior to that produced by the existing standards, and will be consistent with the intent and purpose of Chapter 18.30 (Entryway Corridor Overlay District), BMC. 515 516 Jeffery J. Ieronimo & Deborah K. Titus 429 N Black Ave Bozeman MT 59715 Terrance & Molly Hollingsworth 440 N Tracy Ave Bozeman MT 59715 Ronald Oxnam PO Box 4035 Bozeman MT 59772-4035 Greg Allen Smith 423 N Black Ave Bozeman MT 59715 Reach, Inc. 322 Gallatin Park Drive Bozeman MT 59715 David Morris, Jr. & Collette Jadis 502 N Tracy Ave Bozeman MT 59715 Will King 419 N Black Ave Bozeman MT 59715 Allen Brandt 430 N Tracy Ave Bozeman MT 59715 Sally A. Hannon Trust 506 N. Tracy Ave Bozeman MT 59715 NEECO, INC. PO Box 3281 Bozeman MT 59772-3281 Kathryn Noble PO Box 922 Summerland CA 93067-0922 Paul L. Katz c/o Management Associates 682 Ferguson Ave STE 6 Bozeman MT 59718-6491 Mark & Sarah Deopsomer 31845 Frontage Road Bozeman MT 59715-8640 Ishmael C. Messer & Karla J. Barrell 422 N Tracy Ave Bozeman MT 59715 Charles & Ann Marie Dye & VMH Investments LP 504 North Black Ave Bozeman MT 59715 William Hawkins Hunter 510 N Black Ave Bozeman MT 59715 Mike Best & Jennifer Rountree 514 N Black Ave Bozeman MT 59715 Douglas R. & Martha S. Drysdale 1408 S Black Ave Bozeman MT 59715 City of Bozeman P.O. Box 1230 Bozeman MT 59771-1230 Christopher D. & Carolyn White 95 Little Wolf Road Bozeman MT 59715 Rob & Lisa Pertzborn 518 N Tracy Ave Bozeman MT 59715 Timothy & Christine Visscher 416 North Tracy Ave Bozeman MT 59715 Richardson Family Trust 414 North Tracy Ave Bozeman MT 59715 Jeremy Mistretta 439 North Black Ave Bozeman MT 59715 517 November 2007 Pertzborn Residence 433 North Black Avenue Bozeman, Montana COA Sketch Plan Review Application with Deviations Narrative This Sketch Plan/Certificate of Appropriateness Application for 433 North Black Avenue includes the construction of a new single household residence and detached garage following the demolition of two existing dilapidated structures. The subject property is 8,439 SF in area (approximately 60 feet wide by 140 feet deep) and is zoned R-2 (Residential Two-Household Medium Density District). A 15-foot wide alley is located behind the property between North Black Avenue and North Tracy Avenue. In our neighborhood inventory, we noted that there is a mix of residential densities, building sizes and architectural styles present and evident from the streetscape. We also noted that the majority of uses are single household residential, that most of the houses along North Black Avenue are built closer to northern property lines with larger side yard setbacks along southern property lines, and that significant rear yard encroachments are common along the alley. Please refer to the attached site plan and photographs of the neighborhood for additional reference. The project is designed to address the street, take advantage of the existing mature hedges, capture views of Beall Park to the southeast and Baldy Mountain to the northeast and provide active living spaces for a growing family while being a positive addition to the Beall Park neighborhood. The proposed single household residence has a footprint of approximately 1124 SF with a full basement, first and second floor. This smaller footprint was designed to better fit into the neighborhood by allowing larger side yard setbacks and a useable back yard. In terms of height, the tallest gable (with a 9:12 roof pitch) is 30 feet, which is six feet lower than the maximum height allowed in the R-2 District. To address the scale of the neighboring structures, the roof form is designed to step down to 25’ feet at the north and south gables. Photovoltaic panels are planned for the existing advantageous solar window on site. Usable outdoor spaces include a large front porch, a rear covered patio, second floor balconies and rear yard/garden area between the structures. The proposed garage has a footprint of 986 SF and is designed to allow two functional interior parking spaces (individual garage doors), a shop/storage area on the main floor and an interior stair to second floor studio. A 581 SF studio/guest space is located on the second level and integrated into the roof plane. This space is not proposed as an accessory dwelling unit. The height of the garage is 21’-10”. The garage is designed to have a back yard porch and be seen as pleasing from all sides. 518 The location of the new house near the streetscape and the accessory structure near the alley allows for a useable courtyard-style backyard that is common for deep lots with alley access. The overall lot coverage is 31 percent which is less than the 40 percent allowed. The rear lot coverage is 19.7 percent (20 percent allowed). Setbacks are maintained or exceeded except for the west elevation of the detached garage and a small portion of a parking pad as noted below. Required back up dimensions are provided in all cases. The following two deviations are being requested with this application. These deviations are more historically appropriate for the site and the neighborhood, will have minimal adverse effects of adjoining properties, will significant improve existing conditions and will not affect public health, safety and general welfare. The two deviations we have identified are as follows: 1. Section 18.16.050.A.2 requires a rear yard setback of 20 feet. A small portion of the proposed garage is shown 9 feet from the rear property line which helps to break up the scale and massing of the structure from the alley while the majority of the garage footprint is shown setback 11 feet to meet the back-up maneuverability requirement of 26 feet (15-foot alley + 11-foot setback = 26 feet). As shown on the attached site plan and photographs and as noted on the Sanborn Maps, the existing shed sits approximately 1-foot, 2-inches off the alley and the majority of the other accessory structures along this alley also encroach significantly into standard rear yard setbacks. The requested deviation is more appropriate to the existing neighborhood pattern, will have less of an effect on the neighboring properties, and will help maintain a more useable rear yard. Note that Section 18.38.050 allows detached accessory structures to be located 11 feet from a rear property line that is adjacent to a 15-foot alley; however, this allowable encroachment is not applicable in this case because the proposed garage footprint is larger than 600 SF which then triggers the requested deviation. Again, the proposed footprint size is allowed, but only with a 20’ setback. The bigger setback for allowed larger garages could be argued as contrary to sensible lot layouts, as it would locate the building closer to your adjacent neighbors and squeeze a rear yard in favor of disproportionate alley spaces. Back-up space is important, and is met with this project, but excessive width promotes speed in alleyways. 2. Section 18.16.050.3 requires a side yard setback of 5 feet. A portion (11 feet) of the rear parking pad is proposed to encroach 2 feet into the required 5-foot side yard setback (22 Sq Ft total). While parking is normally allowed to be located in a required rear yard, the width of the alley (15 feet) requires a useable parking space to be 31 feet deep instead of the usual 20 feet of depth. The existing area where this is proposed is currently a gravel parking area to the property line. This deviation will also allow the columns on the east elevation of the garage porch to match up with the columns on the west elevation of the residence to better relate the accessory structure to the main residence. This alignment also allows for existing separation along the north property line. 519 In terms of services, in the summer of 2003, during work on a neighboring structure, it was discovered that the existing residence did not have its own dedicated sewer line. Two new sewer service lines were installed at that time, one for the existing house (deep enough for a basement) and one for the future garage. Water service for the main residence exists from North Black Avenue and water service for the garage will be connected to the main residence as allowed. Although the subject property is listed as “contributing” in the Historic Inventory, the dilapidated house and shed both have various structural issues (see photos) including substandard (or lack of) foundations, bowing walls, and significant decay. We have no additional historical information for the property, relevant to the planned improvements. The color scheme will be based on white tones with accent trim colors of French gray with brick red window cladding. The final colors will be chosen when building materials are available during construction, and will be submitted to the planning office for final review and approval. For the project timing and construction schedule, if this application is approved, we will apply for demolition and building permits this winter. Assuming approved financing, construction is expected to begin in early Spring 2008. The project is anticipated to have a December 2008 completion date. _ 520 Pertzborn Residence • 433 North Black Avenue Subject Property N Zoning Map Aerial Photograph BEALL PARK 521 Pertzborn Residence • 433 North Black Avenue Survey N 522 Pertzborn Residence • 433 North Black Avenue Existing Residence to be Replaced - East Elevation - Front North Elevation - Rear 523 Pertzborn Residence • 433 North Black Avenue South Elevation - Side North Elevation - Side 524 Pertzborn Residence • 433 North Black Avenue Existing Shed to be Replaced - South & East Elevations North and West Shed Elevations 525 Pertzborn Residence • 433 North Black Avenue Neighborhood Photographs 526 Pertzborn Residence • 433 North Black Avenue N ALLEY NORTH BLACK AVE 527 Pertzborn Residence • 433 North Black Avenue 528 Pertzborn Residence • 433 North Black Avenue 529 530 531 532 533 534 535 536 537 538 539 540 541 542