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Z14302, Staff Report for the FLEMING ADDITION AND SECOND
DWELLING UNIT
Date: CITY COMMISSION meeting is on OCTOBER 27, 2014
Project Description: A Sketch Plan Certificate of Appropriateness for an addition and
second dwelling unit, as well as Deviations from Sec. 38.08.050.A.1.b to encroach
up to 14 feet into the 20 foot setback along College Street. The property is located at
the south east corner of West College Street and South 6th Avenue.
Project Location: 522 West College Street
Recommendation: Approval with conditions
Recommended Motion One: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14302 and move to approve the
requested deviation from Section 38.08.050.A.1.b to allow 8 linear feet of new
residential space and 29 linear feet of new garage space to encroach up to 6 feet into
the required 20 foot front yard setback.
Recommended Motion Two: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14302 and move to approve the
requested deviation from Section 38.08.050.A.1.b to allow 54 linear feet of new front
porches and decks to encroach up to 14 feet into the required 20 foot front yard
setback.
Recommended Motion Three: Having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14302 and move to approve the Sketch
Plan and Certificate of Appropriateness with conditions and subject to all
applicable code provisions.
Report Date: October 16, 2014
Staff Contact: Courtney Kramer, Historic Preservation Officer
Rick Hixson, City Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues for this application.
Project Summary
This is a Sketch Plan Certificate of Appropriateness for the property at 522 West College
Street. The application requests deviations in order to enable construction of an attached
garage, above which a second dwelling unit will be located. The deviations are necessitated
by the lot’s unusually shallow depth from north to south (42.5 feet rather than the usual 50
feet of width in this area of town) and by the 20 foot setback for structures along West
College Street, which is designated as a “Collector” in the City’s long range transportation
plan.
The City Commission is the Review Authority for this application because the requested
deviations from Municipal Code exceed the 20 percent threshold for application review by
the Director of Community Development. The requested deviation could not exceed four feet
into the required 20 foot front yard setback in order to be reviewed by the Director of
Community Development. This application requests to encroach up to 14 feet into the
required setback, which is a 70 percent reduction in setback. The requested deviations are
evaluated on page 17 of this Staff report.
A varied residential development pattern exists on West College Street between South
Willson and South 8th Avenues. Residences between Willson and South 4th Avenue are
generally oriented east or west, and present a side façade to West College Street. Residences
between South 4th and 5th are oriented to West College, with an alley running east-west in the
middle of the block. Older residences between 4th and 8th are mostly oriented east and west,
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facing South 5th, 6th, 7th or 8th Avenues. Most of these residences were constructed between
1900 and 1945, before the City’s Municipal Code required a 20 foot front yard setback along
West College Street. The new residence at 515 West College Street was granted deviations
from the required 20 foot setback by the Commission in 2012 in order to provide a 15 foot
setback in line with the historic development pattern along West College Street.
As examined beginning on page 6 of this Staff Report, the subject property’s Minimal
Traditional architectural style and orientation to West College Street reflect the time period
in which the residence is built. As clarified on page 10 of the Staff Report, the property is
within the Neighborhood Conservation Overlay District, and is potentially historic, but is not
located within an established historic district.
The proposed design strives to preserve the massing and scale of the older residence by
construction an addition “to the rear” of the existing structure while expanding livable space,
adding a garage and developing a second dwelling unit. This is a preferable alternative to
adding a second story to a Minimal Traditional residence.
No public comment was received by the Department of Community Development at the time
of this Staff Report.
Alternatives
The Commission could:
1. Approve the requested COA and deviations as recommended by Staff;
2. Make the necessary findings to deny the requested COA and deviations;
3. Approve a lesser deviation for the deck after making findings in support; or,
4. Table the application and request additional information from Staff or the Applicant.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED DEVIATIONS ........................................................................... 5
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 6
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 6
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Neighborhood Conservation Overlay District Review Criteria ........................................ 15
Deviation Review Criteria Within the Neighborhood Conservation Overlay District –
Section 38.16.070.............................................................................................................. 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 20
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 20
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 21
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 21
FISCAL EFFECTS ................................................................................................................. 21
ATTACHMENTS ................................................................................................................... 21
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
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SECTION 2 –REQUESTED DEVIATIONS
Relaxations have been requested from the following sections.
1) From Section 38.08.050.A.1.b “Yards,” which requires a 20 foot front yard setback along
West College Street, which is designated as a “Collector” in the City Growth Policy.
Deviations are requested to enable the following developments:
1. To allow 8 linear feet of new residential space and 29 linear feet of new garage space to
encroach up to 6 feet into the required 20 front yard foot setback, giving a 14 foot setback instead; and,
2. To allow 54 linear feet of new front porches and decks to encroach up to 14 feet into the
required 20 foot front yard setback, giving a 6 foot setback instead.
Required
setback
Proposed
setback
Total linear
feet of the
proposed
encroachment
Percentage the
proposed setback
deviates from
Municipal Code
Proposed setbacks
for new structures 20 feet 14 foot 37 linear feet 30%
Proposed setbacks
for new porches
and decks
20 feet 6 foot 54 linear feet 70%
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The requested deviations are evaluated on page 17 of this Staff Report.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the requested Sketch Plan Certificate of Appropriateness.
Recommended Conditions of Approval:
1. Prior to issuance of a building permit, the applicant shall consolidate the underlying lots
that comprise the subject property through either a subdivision exemption process or by
filing a Lot Merger Agreement with the Department of Community Development. This agreement will be supplied to you by planning staff.
2. If any public sidewalk or curb is damaged during the construction, the applicant shall
repair and replace them to the design standards of the City of Bozeman. This repair
and/or replacement shall be noted on the site plan drawing in the building permit
drawings. The applicant is required to obtain a “Sidewalk and/or Driveway and Curb Cut Permit” from the Engineering Department for that work if necessary. All new or replaced sidewalks 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.
Property History and Historic Classification:
The structure at 522 West College Street was classified as “intrusive” to a potential historic
district by the 1984 Montana Historical and Architectural Inventory. The Inventory notes that
the structure, built in 1939, was originally owned by Kendall Pickens. The residence was 45
years old at the time of the Inventory, and so would not have been old enough to be eligible for the National Register of Historic Places (NRHP). This likely explains the “Intrusive” classification.
Municipal Code does not require an updated Montana Property Record Form (the successor
form to the Inventory forms) in order to consider COAs which propose modification of a
structure. The structure is an example of Minimal Traditional architecture, which was popular between 1935 and 1950. The residence is a side-gabled Minimal Traditional, commonly called a “Cape Cod.”
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This property was platted in 1890 as part of the Capitol Hill Addition. Development in the
neighborhood spanned from 1890 to the mid-1950’s. As a result, the neighborhood displays a wide range of architectural styles.
Curiously, the row of blocks between West College Street and West Harrison Street were
platted with 26 lots, each 25 feet wide and 143 deep. That created 13 lots, each 25 feet wide,
on a block face. Most of Bozeman’s historic residential development occurred on two 25 foot
wide lots, which created a 50 foot wide buildable parcel. On a block with 13 lots, even division was impossible. Thus, a developer purchased lots 24, 25 and 26 of Block 3 of the Capitol Hill Addition and split the 75 foot wide parcel roughly in half, creating a 42.5 foot
wide parcel to the north and a 32.5 foot wide parcel to the south.
The Sanborn Fire Insurance Maps for 1927 and 1943 document the neighborhood’s
development at a time of transition away from the Bungalow style that dominated residential
architecture in the 1910’s and 1920’s towards the Minimal Traditional style of the 1930’s and
1940’s. The two styles are similar in massing and scale, but were designed for lots with different widths and directional expression.
The Bungalow style was designed for narrow lots, with the massing of the structure using the
depth of the lot. Vehicular access was usually anticipated from an alley to the rear of the
residence, though single-vehicle wide driveways from the street to a subordinate accessory
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garage were commonly seen. This development pattern is present at 806 South 6th Avenue, a
Bungalow style residence immediately to the south of the subject property.
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The Minimal Traditional style was originally designed for the subdivisions of the 1930’s,
which incorporated wider, shallower lots on blocks that lacked an alley. Vehicular access was anticipated from the street, as would become standard with the Ranch style that succeeded Minimal Traditional. The builder of 522 West College took advantage of the
property’s location on a corner and oriented a Minimal Traditional style residence to West
College Street rather than South 6th Avenue.
Architectural historian Virginia Savage McAllester notes that the Minimal Traditional
architectural style, which bridges the gap between Craftsman Bungalows and the Ranch style, is identified by, “Low-or intermediate-pitched roof, more often gabled; small house,
generally one1story in height; roof eaves usually have little or no overhang; double-hung
windows, typically multi-pane or 1/1; minimal amounts of added architectural detail; rarely
has dormers.”1
McAllester goes on to detail the history of the Minimal Traditional houses, writing that they were,
“… ‘the little house that could.’ It was the small house that could be built with FHA-insured
[Federal Housing Authority] loans in the midst of the Great Depression between 1935 and
1940; the house that could be built quickly to accommodate millions of relocating World War
1 McAllester, Virginia. “A Field Guide to American Houses,” (New York: Knopf, 2013) p. 588.
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II production plant workers (1941-1945); and the house that could be built rapidly during
the late 1940’s in large post-World War II developments (1946-1949)… The Minimal Traditional was a well-studied and thoughtful response to the most challenging conditions ever to affect home construction in the United States…. Architects, desperate for work after
1930, had enthusiastically turned their attention to the design of the small house…It was of
paramount importance to design the most efficient floor plans, kitchens, and baths, since
every extra square foot added to the cost… At that time, the FHA, along with its associated Fannie Mae, limited the maximum sales price of homes they would insure so that the average home size and cost remained within reach of the broad market.”
Image: 522 West College Street
In evaluating the property, Staff finds that the structure retains its historic integrity of design,
materials, setting, feeling, residential association and location and setting. The property has sufficient historic integrity to contribute to a potential residential historic district in the area.
Despite the fact that the property could contribute to a potential historic district, Staff is
required to review the application in the context of the property’s current historic
classification as “Intrusive.” To that end, more latitude is given to the treatment of the
existing structure and the proposed addition.
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).
This application proposes construction of an addition to the residence at 522 West College
Street. The property is not within an established historic district, is not individually listed on
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the National Register of Historic Places and was classified as “Intrusive” in the 1984
Montana Historical and Architectural Inventory.
The Secretary of the Interior’s (SOI) Standards for Rehabilitation, codified as 36 CFR 67, are the appropriate criteria through which to consider the project. The Rehabilitation Standards
acknowledge “the need to alter or add to a historic property to meet continuing or changing
uses while retaining the property's historic character.” A link to the National Park Service’s
website for the SOI Standards for Rehabilitation is available here: http://www.nps.gov/tps/standards/rehabilitation.htm
The Standards also encompass related landscape features and the building’s site and
environment as well as attached, adjacent, or related new construction.
The SOI Standards for Rehabilitation are:
Rehabilitation Standard #1: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
The application proposes continued residential use of the property.
Rehabilitation Standard #2: The historic character of a property shall be retained and
preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
The application proposes minimal modifications to the residence’s primary façade, and
leaves the existing mass, scale, shape and design of the residence intact. The proposed
addition is located away from the primary façade of the structure.
Rehabilitation Standard #3: Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be
undertaken.
The design proposed with this application respects the residence’s historic massing, scale and
details.
Rehabilitation Standard #4: Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
The existing property retains a high level of historic integrity, which the application proposes
to preserve.
Rehabilitation Standard #5: Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
Minimal Traditional architecture incorporates very few distinctive features and finishes. The
application proposes to retain the original siding, window location and pattern and door
location.
Rehabilitation Standard #6: Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and,
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where possible, materials. Replacement of missing features shall be substantiated by
documentary, physical, or pictorial evidence.
The application proposes to preserve the existing exterior siding, as well as apply siding of the same type and scale to the addition.
Rehabilitation Standard #7: Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
The application does not propose chemical or physical treatments to historic materials.
Rehabilitation Standard #8: Significant archeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation measures shall
be undertaken.
There are no known archaeological resources on the site.
Rehabilitation Standard #9: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its environment.
The application proposes a new addition to the front of the existing residence, in order to expand the kitchen. As this space is proposed to be less in height than the existing ridge line, the proposed kitchen addition satisfies this standard.
The application also proposes a substantial new addition to the east of the existing structure.
The new addition is attached to the structure away from the primary façade along College
Street. The proposed addition will be differentiated from the old through a change in materials, as well as roof ridge height, massing, size and scale.
Rehabilitation Standard #10: New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the essential form and integrity
of the historic property and its environment would be unimpaired.
The proposed addition will be attached to the existing residence in a manner that, if removed in the future, would preserve the essential form and integrity of the existing structure.
Staff finds that that the proposed design satisfies the SOI Standards for Rehabilitation.
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 application proposes construction of an addition that exceeds the height of the principal
building. The existing residence is 18 feet 9 inches tall.
The application proposes an addition to the rear of the existing residence with two separate heights. The proposed kitchen dining room addition will match the existing ridge line of 18 feet and 9 inches. The master suite, garage and second dwelling unit is proposed to be 22 feet
in height.
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Increasing the height away from the historic residence is a preferred alternative to adding a
second story to the existing structure. The proposed maximum height of 22 feet is consistent with the one and one-and-one-half story residences in the surrounding neighborhood. Please see further comments under “Roof.”
All of these heights are under the maximum height limit of 36 feet in the R-2 zoning district.
Staff finds the proposed height appropriate within the context of the existing residence and
adjacent neighborhood.
2. Proportions of doors and windows;
The application proposes to retain the proportion of doors and windows on the existing
structure. Doors and windows on the proposed structure are of a similar proportion, though
arranged in larger groupings.
Staff finds the proposed proportions of doors and windows appropriate within the context of the existing residence and adjacent neighborhood.
3. Relationship of building masses and spaces;
The existing residential structure is of modest size and massing. Given the residence’s unique
layout on the lot, the property’s “rear yard” is to the left of the entry door, on the east side of
the property. Construction of an addition to the “rear” of the structure is appropriate.
The proposed design strives to preserve the massing and scale of the existing residence by preserving the structure’s scale and roof shape. The new addition, though slightly taller, is
setback from the primary façade.
Staff finds the proposed relationship of building masses and spaces appropriate within the
context of the adjacent neighborhood.
4. Roof shape;
The roof of the existing structure runs parallel to West College Street. The application
proposes an addition to the east of the existing structure with the same gable roof ridge
running parallel to West College Street.
Staff finds the proposed roof shape appropriate within the context of the existing residence and adjacent neighborhood.
5. Scale;
The existing residence is modestly scaled, in keeping with Depression-Era Minimal
Traditional architecture. The application proposes an addition that will significantly expand
the residence’s living space through construction of an addition to the east of the existing residence. The design, however, preserves the sense of scale of the existing residence by leaving the residence’s primary façade, massing and roof lines along West College Street and
South 6th Avenue intact. The proposed addition is a preferred alternative to adding a second
story to the residence.
Staff finds the proposed scale of the addition appropriate within the context of the existing residence and adjacent neighborhood.
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6. Directional expression;
Given the property’s unique history and Minimal Traditional architectural style, the residence at 522 West College has a unique directional expression. The residence faces West College Street to the north, as do a number of residences to the east and west along College. Most of
the residences in this neighborhood, however, face east or west along South 5th, 6th and 7th
avenues. Vehicular access is located off of the alley to the east.
This application proposes to retain the north-facing directional expression.
Staff finds the proposed directional expression appropriate within the context of the existing residence and adjacent neighborhood.
7. Architectural details;
Minimal Traditional architecture is characterized by its lack of architectural features. The
application proposes to preserve the minimal roof eaves, window location and pattern, door location, and overall simplicity of the existing structure.
Staff finds the architectural detailing proposed with this application appropriate within the
context of the existing structure.
8. Concealment of non-period appurtenances, such as mechanical equipment; and
The application materials do not indicate mechanical equipment. Municipal Code requires that all mechanical equipment be screened from view from the Public Rights-Of-Way and located outside of the required setbacks.
9. Materials and color scheme.
The existing residence is sheathed in a wood lap siding, which is painted a light yellow with
white trim and windows and a brown roof. The application proposes to retain the existing lap
siding on the primary residence and apply new wood siding of the same dimension to the
proposed garage. The center “connector” portion of the proposed design will be sheathed in
vertical Mahogany boards, which will weather to a grey color. The application proposes to
replace the existing windows in their same location, size and dimension with new windows
with black frames. The roof will be replaced with grey shingles.
Staff finds the proposed materials and color scheme appropriate within the context of the
existing residence and adjacent 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 application proposes a contemporary addition to a residential structure that could contribute to a potential historic district. The proposed addition is compatible with the foregoing elements of the structure and the surrounding structures and, if removed in the
future, would leave the essential form and massing of the existing residence intact.
Staff finds this criteria satisfied.
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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 proposed design is evaluated against the appropriate Design Guidelines in the next section of this Staff Report.
E. Conformance with other applicable development standards of this title.
The application proposes development of a second dwelling unit above the proposed attached
garage. The proposed second dwelling unit is not an Accessory Dwelling Unit, as defined in Sec. 38.22.030.B, because the proposed garage is attached to the principal structure.
The property’s 143 feet of lot width along College Street exceeds the 50 feet required in R-2
zoning to establish a second dwelling unit. The property’s total lot area of 6,077.5 square feet
exceeds the 6,000 square feet required in R-2 zoning to establish a second dwelling unit. The
proposed design conforms to the applicable standards for development of a second dwelling unit on this property.
The application does request deviations, as evaluated on page 17 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.
The property is not eligible for a historic preservation tax abatement.
Neighborhood Conservation Overlay District Review Criteria
As the structure is not located within an established historic district, and is not individually
listed on the National Register of Historic Places, Staff used Chapter 2 and 3 of the Design
Guidelines to evaluate the proposed design.
Chapter 2. Design Guidelines for All Properties
A. Topography
The property is mostly flat, which allows the proposed design to minimize cut and fill on a
site.
B. Street Patterns
The application respects historic settlement patterns.
C. Alleys
The application does not propose modifications to the existing alleys.
D. Streetscape
The application does not propose modifications to the streetscape, street paving or sidewalk.
The boulevard strip and street trees will be preserved.
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E. Landscape Design
The application proposes to preserve and maintain mature trees and significant vegetation within all corridors
F. Building Form
The application proposes a simple side-gable roof, which defines the building’s form. This
shape is 1 similar to those seen traditionally on the block does not detract from the visual
continuity of the street are discouraged
G. Solid-to-Void Ratio
The application proposes a wall to window ratio that is similar to that found on historic
structures in the district.
H. Materials
The application proposes the use of building materials that appear similar to those used traditionally in the area. The proposed materials are similar in character to traditional materials.
I. Architectural Character
The application does not propose the imitation of older historic styles.
J. Parking
The application proposes to locate parking in a new attached garage off of the alley to the east of the existing structure.
Chapter 3. Guidelines for Residential Character Areas
A. Hierarchy of Public and Private Space
The application proposes construction of a kitchen addition and a garage structure at a 14 foot setback from the West College Street Right-of-Way. Though the proposed setback is inconsistent with modern Municipal Code, most residences which face West College Street
were built at between a 12 and 15 foot front yard setback.
The application will retain a walkway to the street, as well as clearly define the primary
entrance by enhancing the front porch.
B. Building Mass and Scale
The application proposes construction of an addition to the existing single story residence.
The proposed addition is subdivided into smaller “modules” that are similar to single
household residences seen traditionally. The proposed front wall of new structures will not
exceed two stories in height, and the addition is designed to put primary visual emphasis on the primary façade of the existing residence.
C. Roof Form
The application proposes roof forms that are seen traditionally on the block.
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E. Multi-Household
The application proposes to retain an existing single household building that contributes to the established character of the neighborhood. The proposed design strives to minimize the perceived scale of a multi-household building by using traditional features that convey a
human scale. The primary façade width, height of the existing building and addition, and
proportions of window and door openings are similar to those seen traditionally in the
neighborhood.
F. Fences and Retaining Walls
New fences and retaining walls are not proposed with the application. Fences are exempt
from COA review under Sec. 38.16.040A.1.a.1. Any new fence or retaining wall constructed
on the property should be in character with those seen traditionally.
Deviation Review Criteria Within the Neighborhood Conservation Overlay District – Section 38.16.070
Relaxations have been requested from the following sections.
1) From Section 38.08.050.A.1.b “Yards,” which requires a 20 foot front yard setback along
West College Street, which is designated as a “Collector” in the City Growth Policy.
Deviations are requested to enable the following developments:
1. To allow 8 linear feet of new residential space and 29 linear feet of new garage space to encroach up to 6 feet into the required 20 front yard foot setback, giving a 14 foot setback
instead; and,
2. To allow 54 linear feet of new front porches and decks to encroach up to 14 feet into the
required 20 foot front yard setback, giving a 6 foot setback instead.
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1. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in section
38.16.050, than would be achieved under a literal enforcement of this chapter;
Requested Deviation 1. To allow 8 linear feet of new residential space and 29 linear feet of
new garage space to encroach up to 6 feet into the required 20 front yard foot setback, giving
a 14 foot setback instead; and,
Staff finds that the creation of this unusually dimensioned parcel (43.5 feet wide along South
6th Avenue rather than the traditional 50 feet wide), as well as the house’s Minimal
Traditional style which was built to face West College, rather than South 6th Avenue, creates a unique historic condition on the site.
Given the property’s development history, the applicant has proposed an addition in the most
logical place available; into the private back yard area, away from the public right of way.
The application of a 20 foot setback along College Street exacerbates an unusual situation.
The proposed addition is preferable to the owner’s alternative options, such as adding a second story to the residence, which would destroy the property’s historic massing and scale.
Requested Deviation 2. To allow 54 linear feet of new front porches and decks to encroach
up to 14 feet into the required 20 foot front yard setback, giving a 6 foot setback instead.
Applicant’s rendering of the proposed “front porch” and deck area.
The existing porch stoop, which already encroaches into the front yard area, is in need of
repair. The design proposes an expanded front deck which will connect the residential entry
to the street while also enabling use of the area as a front porch. The proposed “front porch” design is appropriate for a Minimal Traditional residence, and if removed in the future, does
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not leave a lasting impact on the residence’s historic integrity. This “front porch” design is in
keeping with the Secretary of the Interior’s Criteria, as evaluated on page 11 of this Staff Report. The proposed design especially meets SOI Standard #10:
Rehabilitation Standard #10: New additions and adjacent or related new construction
shall be undertaken in such a manner that if removed in the future, the essential form and
integrity of the historic property and its environment would be unimpaired.
The application proposes a deck in the 20 foot front yard setback. Again, due to the property’s unique development history, the applicant was left with few options in which to design an addition and have rear yard area. The design tries to preserve the mass and scale of
the existing residence by placing the addition as far away from the public right of way as
possible on a narrowly dimensioned lot. This creates a more historically appropriate addition
to the residence.
As a result of the addition’s location, the space along the northern property line is left as the functional rear yard for the residence. The applicant would like to construct a deck in this
area rather than a grassy yard space. If this property were located in the middle of a block,
the proposed deck would comply with the required five foot side yard setback. The existing
lilac hedge will screen the deck from view and provide privacy.
Staff finds the proposed modification more historically appropriate than would be achieved under a literal enforcement of this chapter. If the Commission does not find that the extent is
supportable, Staff recommends trimming the deck’s width to be a consistent width across the
northern façade from the entry. Section 38.21.060.A.3, BMC allows an uncovered deck to
encroach up to five feet into a required yard. Although this section is not directly applicable due to the deviation requested to allow the main home to encroach into the yard along College Street it does provide a guideline for determining a generally accepted amount of
encroachment.
2. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
Requested Deviation 1. To allow 8 linear feet of new residential space and 29 linear feet of
new garage space to encroach up to 6 feet into the required 20 front yard foot setback, giving
a 14 foot setback instead; and,
The primary impact will be along West College Street, where the property is screened from
the sidewalk by a large hedge. Staff did not identify an adverse effect that would be caused
by the proposed kitchen addition or garage space.
Requested Deviation 2. To allow 54 linear feet of new front porches and decks to encroach
up to 14 feet into the required 20 foot front yard setback, giving a 6 foot setback instead.
The primary impact will be along West College Street, where the property is screened from
the sidewalk by a large hedge. Staff did not identify an adverse effect that would be caused
by the proposed “front porch” and deck.
Adjoining property owners received a Public Notice of the application and requested relaxation via First Class US Mail. None of the adjoining property owners offered Public Comment about this criteria at the time of this Staff Report.
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Staff finds that the proposed modifications will have minimal adverse effect on abutting
properties.
3. Modifications shall assure the protection of the public health, safety and general welfare. Approvals may be conditioned to assure such protection, and such conditions may include a time period within which alterations will be completed; landscaping and
maintenance thereof; architectural, site plan and landscape design modifications; or
any other conditions in conformity with the intent and purpose set forth in this article.
Requested Deviation 1. To allow 8 linear feet of new residential space and 29 linear feet of
new garage space to encroach up to 6 feet into the required 20 front yard foot setback, giving
a 14 foot setback instead; and,
Requested Deviation 2. To allow 54 linear feet of new front porches and decks to encroach
up to 14 feet into the required 20 foot front yard setback, giving a 6 foot setback instead.
The Development Review Committee evaluated the application on October 15, 2014 and did
not identify a way in which the requested deviations or proposed development would
negatively affect the public health, safety and general welfare.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is zoned R-2 (Residential- Medium Density) and located within the
Neighborhood Conservation Overlay District, but outside of an established historic district.
The property is currently used as a Single Household Residence.
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. The Residential land use category is described as: “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.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description: An application was submitted to the Department of Community
Development requesting approval of a Certificate of Appropriateness with a deviation to
enable the following modifications to the existing residence at 522 West College Street: 1) Construction of an addition to the east of the existing residence, to be located in the rear yard;
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2) development of a second dwelling unit in the proposed addition; 3) construction of a new
deck in the north yard along West College Street; and 4) related site improvements to landscaping and modification of exterior materials.
Project Background: Staff began working with the applicants in early spring 2014 to
develop this project.
APPENDIX C – NOTICING AND PUBLIC COMMENT
The Sketch Plan Certificate of Appropriateness with Deviations was publicly noticed on
Wednesday, October 8, 2014, in accordance with Article 40, “Noticing,” of the Unified
Development Code. The notice called out the requested deviations from Sec. 38.08.050.A.1.b as well as the development of a second dwelling unit on the site. Notice was posted on site, mailed to adjoining property owners, emailed to members of the Intra Neighborhood
Council, posted on the City’s website and published in the Bozeman Daily Chronicle on
October 19 and 26, 2014.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Mark Ramseth, 1446 Cherry Street, Bozeman, MT 59715
Applicant: Jeni Flemming, 522 West College Street, Bozeman, MT 59715
Representative: Mara-Gai Katz, c/o Stonehorse Design, Inc., PO Box 609 Gallatin Gateway,
MT 59730
Report By: Courtney Kramer, Historic Preservation Officer
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Sketch Plan Certificate of Appropriateness with Deviations.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s Submittal Materials
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522 West College Street Fleming Addition and Modifications Bozeman, MT
The proposed deviations are necessary due to conditions unique to this property. The Owner/Applicant’s intent is
to develop the property in a manner that is consistent with other properties within the district.
The house is considered to be built in the “minimal tradition” and is located on a very challenging parcel. The
constraints on the lot are considerable; most notably the 20’ setback from West College Street on a lot that is only
42.5’ to begin with. With a side‐yard setback of 5’, that allows only 17’ within which to design. In addition, the
existing house sits within the 20’ setback. Site investigations were numerous on this difficult site, and an earnest
attempt at a Zero‐Lot Line Agreement failed resolution.
This proposal involves a very small historic house on West College Street, owned by Mark and Carol Ramseth of
Bozeman. Their daughter, Jeni Fleming, lives there and is looking forward to living there for the foreseeable
future. She is a well‐ loved musician, performer, and music teacher in Bozeman. She teaches 30 students each
week during the school year in her living room; this proposal for an addition allows her to create some separation
of private space and public space for her teaching, and in addition, the design provides for the eventual care‐taking
of her parents, should that become required. The modest addition to the kitchen provides a place to eat‐in, as the
existing kitchen is very small.
The building design respects the historic “minimal” tradition of the house in the approach shown in the garage.
The center of the completed project will be the living area addition, and allows for a more modern design
approach. From 6th Avenue, and from the Alley, the more historic tradition will be viewed. It is only when you
are within the lot that the more modern addition is in evidence. At the present time, mature lilac hedges cover
1/2 of the West College Street boundary of the property and provide a thick green screen to the street. These
lilacs will, for the most part, stay in place, so that the views into the lot are protected.
Requested Deviation
Municipal Code; Sec.38.08.050.A.1.b
Minimum front yard setback adjacent to a collector street as designated in the city growth policy, 20 feet.
The following elements, shown in plan on C1.1 DEV, deviate from this 20’ setback:
1.1 The deck shown replaces the much used deck currently at the rear of the house. The existing entry
stairs/stoop is in poor condition and must be repaired and replaced. A deck has been designed to tie
these two elements together.
1.2 A modest kitchen addition extends to a 14’0” setback from the property line along West College St,
and is aligned with the West College façade of the existing house.
1.3 The garage extends to 15’0” from the property line; we are unable to satisfy the Municipal Code
regarding dimensions of garages without requesting this relaxation of the setback.
StoneHorse Design, Inc.
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STONE HORSEDESIGN
Bozeman, MT www.stonehorsedesign.com 406.586.8428
VIEW FROM ALLEY SHOWING EASMENT AND ADU ACCESS
FROM ALLEY
Existing Conditions at 522 W. College
West Elevation Along 6th Ave Boundary Between Applicant and Neighbor
W. College St. Elevation Front Entry
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STONE HORSEDESIGN
Bozeman, MT www.stonehorsedesign.com 406.586.8428
Existing Conditions at 522 W. College
Rear of House Area of House with Proposed Addition
and Roof Modifi cation
Rear Yard (Long View) Looking from Deck to Alley
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STONE HORSEDESIGN
Bozeman, MT www.stonehorsedesign.com 406.586.8428
Existing Conditions at 522 W. College
Looking from Proposed Entry Back to Proposed Garage Looking from Proposed Kitchen Deck to Proposed Garage
Looking at Proposed Addition and Proposed Kitchen Extension Looking from Proposed Garage toward Existing House
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