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HomeMy WebLinkAboutGallagher Garage Zoning Variance and COA_11Page 1 of 12 C-14001, Staff Report for the Gallagher Garage Zoning Variance/ Certificate of Appropriateness (COA) Application Date: CITY COMMISSION meeting is on SEPTEMBER 15, 2014 Project Description: A certificate of appropriateness with a zoning variance requesting the removal of an existing single-car, single-story garage and construction of a new single-car, single-story garage on the lot addressed as 602 South 8th Avenue. One variance from Bozeman Municipal Code is requested to allow the new single-car, single-story garage to encroach 1’ 6” into the required 5-foot side yard setback on the property’s south side. Project Location: 602 South 8th Avenue, legally described as Lots 23 and 24, Block 40 and vacated 6’ Strip, Park Addition to the City of Bozeman Gallatin County, Montana. Recommendation: Approval with recommended conditions and code provisions. Recommended Motion for Variance “Having reviewed and considered the application materials, staff report, public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application C14001 and move to approve the Variance from Section 38.08.050.A.3 of the Bozeman Municipal Code, to allow the construction of a new single-car, single-story garage to encroach not more than 1’ 6” into the required 5-foot side yard setback on the property’s south side as shown on the application materials, with the recommended conditions of approval and subject to all applicable code provisions.” Recommended Motion for Certificate of Appropriateness: “Having reviewed and considered the application materials, staff report, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application C14001 and move to approve the certificate of appropriateness, to allow the removal of an existing single-car, single-story garage and the construction of a new single-car, single-story garage, with the recommended conditions of approval and subject to all applicable code provisions.” Report Date: Friday, September 5, 2014 Staff Contact: Allyson Brekke, Associate Planner Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues at this time. 94 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 2 of 12 Project Summary The subject property is addressed as 602 South 8th Avenue and is located on the northwest corner of South 8th and West Dickerson. The application is proposing the removal of an existing single-car, single-story garage that currently has access from West Dickerson and sits less than 2 feet from the north property line. The existing garage does not meet the required setback from West Dickerson. Additionally, the application is proposing the construction of a new single-car, single-story garage in the northwest corner of the property with rear alley access. The new garage is proposed at less than 300 square feet in building footprint and therefore, is only required to supply 6 feet of rear yard setback (since it is less than 600 square feet in building footprint). One zoning variance from Bozeman Municipal Code is requested to allow the new single-car garage to encroach 1’ 6” into the required 5-foot side yard setback on the property’s south side. The zoning variance is requested to avoid construction too close to an existing sewer line on the property. A more detailed project description can be found in Appendix B. Alternatives The City Commission can: 1. Approve the variance and the Certificate of Appropriateness, with conditions of approval, as recommended by staff, 2. Deny the requested variance and Certificate of Appropriateness, with findings, 3. Strike, add or modify the recommended conditions of approval, or 4. Table the item and request additional information from Staff or the applicant. TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 SECTION 1 - MAP SERIES .................................................................................................... 4 SECTION 2 –REQUESTED VARIANCES ............................................................................ 6 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 7 SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 7 95 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 3 of 12 Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 7 Zoning Variance Review Criteria – Section 38.35.060 ...................................................... 9 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 11 APPENDIX B – DETAILED PROJECT DESCRIPTION .................................................... 12 APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 12 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 12 FISCAL EFFECTS ................................................................................................................. 12 ATTACHMENTS ................................................................................................................... 12 96 Page 4 of 12 SECTION 1 - MAP SERIES 97 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 5 of 12 98 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 6 of 12 SECTION 2 –REQUESTED VARIANCES A zoning variance has been requested from the following section of the Bozeman Municipal Code: 1) Section 38.08.050.A.3, to allow the new single-car, single-story garage to encroach approximately 1.5 feet into the required 5-foot side yard setback on the property’s south side. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Recommended Conditions of Approval: Planning Condition 1. 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. 2. Prior to issuance of a building permit the applicant shall aggregate the two lots or enter into a lot merger agreement approved by the City of Bozeman. 99 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 7 of 12 Engineering Condition 3. The drive apron for the existing garage on West Dickerson Street shall be removed. The curb/gutter, and boulevard shall be constructed to match the rest of the street frontage. The applicant is required to obtain a “Sidewalk and/or Driveway and Curb Cut Permit” from the Engineering Department for that work, if necessary. The new drive apron must be inspected by the City Engineering Department prior to final occupancy of the residence. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. None have been identified at this time. SECTION 5 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Standards for Certificates of Appropriateness, Section 38.16.050, BMC Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness approval for proposed alterations. 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 the Interior’s Standards are considered below in the Certificate of Appropriateness standards. 100 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 8 of 12 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; The new single-car, single-story garage is just below 14 feet in height and will appear subordinate to the principal house. Staff finds the proposed height of the accessory garage structures appropriate within the context of the South 8th Avenue neighborhood. 2. Proportions of doors and windows; The application proposes door and window proportions on the new garage in a ratio of window-to-wall found elsewhere in the neighborhood. Staff finds the proposed proportions of windows and doors appropriate within the context of the South 8th Avenue neighborhood. 3. Relationship of building masses and spaces; The new garage is proposed to the rear of the lot with rear alley access. This location on the site helps the proposed accessory structure appear subordinate to the principal structure. Staff finds the proposed relationship of building masses and spaces appropriate within the context of the South 8th Avenue neighborhood. 4. Roof shape; The new garage is proposed to have a traditional gable shaped roof to appropriately relate to the principal house structure. Staff finds the proposed roof shapes appropriate within the context of the South 8th Avenue neighborhood. 5. Scale; The proposed single-car, single-story garage is small scaled at under 300 square feet in footprint and under 14 feet in height. Staff finds the proposed design to fit the scale of the existing South 8th Avenue neighborhood. 6. Directional expression; The new garage is proposed to the rear of the lot with rear alley access. This location on the site helps the proposed accessory structure appear subordinate to the principal structure. Staff finds the proposed relationship of building masses and spaces appropriate within the context of the South 8th Avenue neighborhood. 7. Architectural details; The siding and windows are traditional in architectural detail and will appropriately coordinate with the traditional style of the principal house structure. Staff finds the proposed architectural details appropriate within the context of the South 8th Avenue neighborhood. 101 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 9 of 12 8. Concealment of non-period appurtenances, such as mechanical equipment; and Not applicable, none proposed. 9. Materials and color scheme. The garage is proposed with pine wood siding and aluminum clad, wood interior doors, both which are appropriate for the surrounding South 8th Avenue neighborhood. C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding structures. The garage proposal is very traditional in design and does not destroy significant historical elements of the property. D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this reference. When reviewing a contemporary, non-period, or innovative design of new structures, or addition to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures. The Design Guidelines have been incorporated into the comments on the previous page addressing the architectural appearance design guidelines. E. Conformance with other applicable development standards of this title. The application requests a variance, as described and evaluated in the Zoning Variance review section of this Staff Report. F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and standards established in chapter 2, article 6, division 2. As the property is not historically significant, the property and proposed development does not qualify for tax abatement for historic preservation. Zoning Variance Review Criteria – Section 38.35.060 In acting on an application for a variance, the review authority shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall issue written decisions setting forth factual evidence that the variance meets the standards of MCA 76-2-323 in that the variance: Section 38.08.050.A.3 of the Bozeman Municipal Code, to allow the construction of a new single-car, single-story garage to encroach into the required 5-foot side yard setback on 102 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 10 of 12 the property’s south side. The new garage is proposed to encroach 1 foot and 6 inches into the required 5-foot side yard setback, therefore, supplying 3 feet and 6 inches of side yard setback along the south property perimeter. 1. Will not be contrary to and will serve the public interest; Staff finds that approving the variance will not be contrary to the public interest and will benefit the public interest by removing the safety hazard of the existing garage that is currently less than 2 feet from the north property line and the West Dickerson Street public sidewalk. Removing the driveway and curb cut along West Dickerson Street will reduce conflicts between pedestrians and motorists accessing the garage which will improve public safety. Relocating the garage will eliminate pedestrian vehicular conflict and creates a safer back out situation by allowing vehicular backing onto an alley and not the West Dickerson right of way. 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self- imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and The application does prove sufficient hardship to support the variance criteria due to the existing sewerline location in the center of the rear area of the property. It is the City’s practice to require separation between sewerlines and buildings in order to enable adequate maintenance and replacement of the sewerline. Where possible 10 feet is preferred but a smaller distance may be acceptable. With the variance the smallest distance between the sewreline and the new garage is 10 feet. b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; Staff finds that the requested variance is necessary due to a condition unique to the property, specifically the location of a sewer line that crosses the middle of the rear area of the property. Typically, a sewer main is located within a street immediately adjacent to a home and the sewerline crosses a small distance across the front yard. Were this site typical the sewer main would be located in South 8th Avenue, the sewerline would not be in the rear yard and there would be no conflict with the proposed garage location. Construction of the garage in either the proposed or existing location would require a variance. As described above there are public safety benefits to the relocation. Governmental actions regarding the location of the sewerline created a situation where the garage cannot be reconstructed without requiring a variance. 103 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 11 of 12 The new garage is proposed to encroach 1 foot and 6 inches into the required 5-foot side yard setback, therefore, supplying 3 feet and 6 inches of a setback from the south property line. The variance is necessary to provide additional separation from the new garage and the existing sewerline in case repair or replacement of the sewerline is necessary in the future. 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; The construction of an accessory garage observes the spirit of the residential designation of the property. The proposed garage is small in mass and scale. The new garage, although not in conformance with all the standards of the municipal code will be more compliant than the present garage. As described in Criterion 1, there are public safety benefits from relocating the garage to take access from the adjacent alley. The placement of the garage to avoid conflict with the maintenance of the sewerline serving the home is also important. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2. The intent of the R-2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. Adopted Growth Policy Designation: The property is designated as “Residential” in the adopted growth policy. This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. 104 C14001, Staff Report for the Gallagher Garage Variance/ COA Application Page 12 of 12 APPENDIX B – DETAILED PROJECT DESCRIPTION The subject property is addressed as 602 South 8th Avenue and is located on the southeast corner of South 8th and West Dickerson, which is just outside of the Cooper Park Historic District, but within the Neighborhood Conservation Overlay District. The application is proposing the removal of an existing single-car, single-story garage that currently has access from West Dickerson and sits less than 2 feet from the north property line. This existing garage location does not supply the necessary 20-feet of garage setback as required in current Bozeman Municipal Code. Additionally, the application is proposing the construction of a new single-car, single-story garage in the northwest corner of the property with rear alley access. The new garage is proposed at less than 300 square feet in building footprint and therefore, is only required to supply 6 feet of rear yard setback (since it is less than 600 square feet in building footprint). One zoning variance from Bozeman Municipal Code is requested to allow the new single-car garage to encroach into the required 5-foot side yard setback on the property’s south side. The zoning variance is requested to avoid construction too close to an existing sewer line on the property. APPENDIX C – NOTICING AND PUBLIC COMMENT Public notice of the application to develop a new dwelling unit and for the requested variance was issued in conformance with Section 38.40 BMC. Notice was posted on site, mailed to property owners within 200 feet of the project site, and posted on the City’s website the week of August 25, 2014. Notice was published in the newspaper on Sunday, August 31 and Sunday, September 7, 2014. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: John Gallagher, 602 South 8th Avenue, Bozeman, MT 59715 Applicant: Edge Construction, c/o Mike Best, 514 North Black Avenue, Bozeman, MT 59715 Report By: Allyson Brekke, Associate Planner FISCAL EFFECTS The proposed variance will not materially change the developed character of the site, costs of service or revenues from the site. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials 105 106 107 108 109 110 111 112 113 114 115 116 117