HomeMy WebLinkAboutA2 ZakoviZ14346, Staff Report for the Zakovi Conditional Use Permit Page 1 of 51
Z14346, Staff Report for the Zakovi Conditional Use Permit
Date: City Commission public hearing is on February 23, 2015
Project Description: A request to expand non-conforming uses and modify previously
approved site conditions to allow industrial uses within an R-2 (Residential Two-
Household Density District) area located at 417 Plum Avenue. Original File Z91101. Current file number Z14346.
Project Location: 417 North Plum Avenue.
Recommended Motions:
Expansion of Manufacturing: Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to allow the expansion of on-site manufacturing through the establishment of a foundry finding
the expansion is reasonable, natural and incidental to the growth and use of an
existing business with recommended conditions and subject to all applicable code
provisions.
Recommendation: Approve with conditions
Display of Merchandise within Front Yard: Having reviewed the application materials,
considered public comment, and considered all of the information presented, I hereby
adopt the findings presented in the staff report for application Z14346 and move to
allow the placement of structures as depicted on the site plan dated 2014 within required front yards with recommended conditions and subject to all applicable code provisions.
Recommendation: Approve with conditions
Outdoor Storage of Materials: Having reviewed the application materials, considered
public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application Z14346 and move to require all raw materials used for fabrication of goods allowed under this CUP to be screened
from view as required by Section 38.23.160, BMC with recommended conditions and
subject to all applicable code provisions.
Recommendation: Deny
Main Motion: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in
the staff report for application Z14346 and move to approve the Zakovi conditional
use permit with recommended conditions and subject to all applicable code
provisions.
Recommendation: Approve with conditions
Report Date: Wednesday, February 18, 2015
Staff Contact: Tom Rogers, AICP, Associate Planner
Rick Hixson, P.E., City Engineer
130
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 2 of 51
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issue(s)
(1) A determination to whether the placement structures (sculptures) within required front yard setbacks and the road right-of-way adjacent to the subject property. Pursuant to Section 38.08.050, BMC required front yard setbacks in the R-2 zone are 15 feet.
Discussion can be found here.
Project Summary
The applicant is requesting approval of a Conditional Use Permit application (CUP) to expand existing non-conforming uses pursuant to Section 38.32.020, BMC. The site
received site plan approval on April 7, 1992 (attached to this report). The applicant is
requesting approval to modify/approve the following:
1. Expand the display of structures/goods in quantity and location; 2. Permit stone work; 3. Establish a foundry; and
4. Allow outdoor storage of fabrication materials.
The existing uses, in compliance with the approved 1991 site plan, that may lawfully
continue are:
1. “Manufacturing, light and completely indoors (including cabinet-making, wood and metal working, pottery and sculpture creation, etc);”
2. “Building contractor’s offices;”
3. “Offices” (including design and drafting studios, property management, etc.)”; and
4. “Accessory residences.”
Therefore, all expansions of activities must be tied to one or more of these legal non-conforming uses.
The subject property is within the Neighborhood Conservation Overlay and the Northeast
Neighborhood boundaries but is not within a historic district.
External storage of materials and structures or sculptures on site has expanded beyond the approved area as shown on the 1991 approved site plan. Notable modifications include (changes are highlighted in pink on the attached site dated 2014):
1. New wood delivery area on the northeast corner of the property accessed from Plum
Avenue,
2. Car shelter for parking space No. 1, 3. Stone storage on the southwest corner of property where parking was placed in the previous site plan,
4. Placement of numerous structures in required front yard setbacks,
5. Placement of numerous structures within the road right-of-way,
6. A crane adjacent to the alley, and
131
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 3 of 51
7. Additional sculpture placed in required rear yard setbacks adjacent to alley
Background
The subject property was originally purchased by Mr. Zakovi in 1975. There were no structures on the subject property at the time of purchase. Between 1990 and 1992 the City’s
Growth Policy was updated. In the update, the underlying land use designation was changed
from Commercial/Industrial to Residential. Subsequently, the zoning classification was
updated to reflect the changing nature of the neighborhood and to meet allowable zoning
classifications for the land use designation and was modified from M-1 (Commercial, Light Manufacturing) to R-3a (Residential, Two-Family, Medium Density District). The R-3a
District was again changed to the current designation of R-2 (Residential Two-Household
Medium Density District).
There is an extensive background for the approval history of the project provided in
Appendix C.
Current Conditions
Numerous structures encroach into required front, side and rear yard setbacks and additional
structures are located within the public right-of-way. An encroachment permit was applied
for on October 14, 2014 and denied on October 22, 2014 (attached).
The subject property as well as adjacent properties have had a residential zoning classification for 23 years. As illustrated on the Current Land Use Map under Section 1 of
this report the subject property is surrounded by residential uses.
Adopted zoning codes have evolved with subsequent code amendments. Specific codes and
definitions applicable to this application are as follows.
Definitions
Industry, Heavy, Section 38.42.1470 - BMC, An industry whose processing of products
results in the emission of any atmospheric pollutant, light flashes, glare, odor, noise or
vibration which may be heard and/or felt off the premises and an industry which constitutes a fire or explosion hazard.
Industry, Light, Section 38.42.1480 - BMC, An industry whose processing of products
results in none of the conditions described for heavy industry.
Structure, Section 38.42.3000, BMC - Anything constructed or erected which requires
location on the ground; and for the purposes of floodplain review anything which may impede, retard or alter the pattern of flow of water in a floodplain.
Temporary Use, Section 38.42.3100, BMC - A use established for a fixed period of time
with the intent to discontinue such use upon the expiration of the time period.
Artisan Manufacturing, Section 38.42.1965, BMC – Production of goods by the use of
hand tools or small-scale, light mechanical equipment occurring solely within an enclosed building where such production requires no outdoor operations or storage, and
132
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 4 of 51
where the production, operations, and storage of materials related to production occupy
no more than 3,500 square feet of gross floor area. Typical uses have negligible negative
impact on surrounding properties and include woodworking and cabinet shops, ceramic
studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food processing.
Non-Conforming Situations
Nonconforming Use, Section 38.32.010.A, BMC - Any use lawfully existing upon the
effective date of the ordinance from which this chapter or any predecessor title or code is
derived may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified.
Nonconforming Structures, Section 38.32.040.A.1, BMC - A lawful nonconforming
nonresidential use shall not be changed except in conformance with the use requirements
of the zone in which it is located. Except, however, a lawful nonconforming
nonresidential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria
in 38.32.020.A.2, and that a conditional use permit is obtained from the review authority.
A lawful nonconforming nonresidential use may be expanded only through the granting
of a conditional use permit by the review authority. In considering the appropriateness of
the conditional use permit application, the review authority shall weigh the criteria set forth in subsection B of this section. In addition, the review authority shall consider
whether the expansion is reasonable, natural and incidental to the growth and use of an
existing business. In general, proposals to expand nonconforming uses shall not be
approved if the expansion would encompass new land or property which was not in use at
the time of the enactment of zoning or a change in zoning.
Alternatives
1) Approve the application with the recommended conditions;
2) Approve the application with modified and/or additional conditions;
3) Deny the application based on the Commission’s findings of non-compliance with the applicable CUP criteria contained within the staff report; or
4) Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
133
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 5 of 51
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issue(s) ............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1- MAP SERIES ..................................................................................................... 6
SECTION 2 –REQUESTED DEVIATIONS ......................................................................... 15
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 15
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 17
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 17
SECTION 6 - STAFF ANALYSIS......................................................................................... 18
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 18
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 25
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 41
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 42
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 46
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 50
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 51
APPENDIX F – ORIGINAL CONDITIONS OF APPROVAL ............................................ 51
FISCAL EFFECTS ................................................................................................................. 51
ATTACHMENTS ................................................................................................................... 51
134
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 6 of 51
SECTION 1- MAP SERIES
135
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 7 of 51
136
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 8 of 51
137
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 9 of 51
Figure 1: Portion of the Official 1991 Bozeman Zoning Map
138
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 10 of 51
Figure 2: Portion of the Official 1993 Bozeman Zoning Map
139
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 11 of 51
140
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 12 of 51
Google Street View
141
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 13 of 51
Google Street View
142
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 14 of 51
Image from Non PLSS Corner Record, Hallin & Associates, PLLC, 2014
143
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 15 of 51
SECTION 2 –REQUESTED DEVIATIONS
There are no requested deviations with this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
The conditions listed here are only those being amended. The original conditions of approval
are included in Appendix E for reference. The other conditions have been satisfied or will be
satisfied prior to final plan approval. All approved conditions remain in effect unless modified by this approval. Please note that these conditions are in addition to any required
code provisions. These conditions are specific to the project. Additional conditions may be
added as a result of and at the time of the City Commission public hearing.
The conditions specific to the foundry were not considered by the DRC. They were provided
to the Building Department and Fire Departments for review. These conditions were a result of the original application that was reviewed and approved by the governing body in
application Z91101.
Recommended Conditions of Approval:
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. Upon submitting the final plan for approval by the Community Development Director
and prior to issuance of a conditional use permit, the Applicant must submit a written
narrative outlining how each of the conditions of approval and code provisions have been
satisfied.
3. No expansion of this use or facility, as shown on the attached site plan, is permitted
unless reviewed and approved as required under the applicable regulations of the
Bozeman Municipal Code.
4. A survey of the subject property including the location of existing and proposed
structures and any encroachments shall be performed by a licensed surveyor in the State of Montana prior to final plan approval of this CUP. The survey exhibit shall be
submitted to the Community Development Department for review prior to final plan
approval.
5. Snow storage areas shall be located entirely within the subject property. No snow storage
shall encroach into a public way or adjacent property.
6. Off-street parking shall not encroach upon any public street right-of-way.
7. No parking shall be located within required front or side yard setbacks.
8. All aspects of the manufacturing operation, including casting, sawing, grinding,
polishing, and other finishing processes shall be conducted entirely within the confines of
an enclosed building.
9. Hours of operation of all aspects of fabrication and finishing shall be limited to between
7:30 a.m. and 7:30 p.m. Monday through Saturday, except those expressly permitted by
Section 16.06.070, BMC.
144
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 16 of 51
10. Temporary and/or permanent storage of construction materials, supplies is prohibited
within any street right-of-way. All materials stored within the right of way shall be
removed unless an encroachment permit is approved and issued by the Director of Public
Works.
11. No structures or display of manufactured goods shall be located within any street right-
of-way, unless an encroachment permit is approved and issued by the Director of Public
Works.
12. Prior to final plan approval, executed waiver of right to protest the creation of special
improvement districts (SIDs) for sidewalk improvements will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already previously filed.
13. If permitted by the Commission, outdoor structures (sculpture) within the required yard
setback shall not be expanded in number, location or general mass without written
approval from the Commission.
14. All outdoor storage of materials for use in construction, fabrication or manufacturing on the property, including but not limited to wood, metal, and stone must be stored within
the confines of a 100 percent opaque wall not less than six feet tall, unless approved by
the Commission. No storage of such materials may be located within required front, side,
or rear yard.
15. All on and off premise signs requiring a permit under the provision of article 28 to be placed, constructed, erected or modified on a zone lot shall have an approved sign permit
prior to final plan approval.
Conditions Specific to use of Foundry:
16. That the metal-casting (foundry) portion of the operation be 100 percent confined to an area not to exceed 120 square feet, and that all applicable building and fire codes
pertaining to area separation, ventilation, fire wall construction, etc. be complied with.
17. That no more than one pour per week (or an average) is executed, with one pour defined
as not more than thirty pounds of metal cast, in any given seven-day period.
18. Foundry crucible size shall not exceed thirty (30) pounds. City shall verify crucible size prior to commencement of operation.
19. Casting shall be done only for and by persons involved in the permitted principle activity
on the premises, and that no work for other, either on a contract basis or otherwise, be
permitted.
20. The burn-out kiln shall include a wax-recovery system providing recovery of not less that 90% of the wax used in the casting operation, and that said wax-recovery system be
inspected and verified by the City Building and Fire Departments prior to commencement
of operation.
21. If the City Commission approved the use of a foundry on the property the foundry shall
be installed and operational within 12 months of final plan approval or the permitted use shall be null and void. No vested right to establish a foundry on the subject property will
be allowed. Section 38.32.010.D, BMC applies.
145
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 17 of 51
22. If the subject property is transferred to any other individual or individuals and the
foundry has not been installed and operational the use shall not be transferable. Section
38.32.010.D, BMC applies.
23. The foundry shall be enclosed. The foundry enclosure requires an approved building permit issued by the City of Bozeman prior to construction. The Applicant shall provide
suitable specifications on the foundry to be installed to the City of Bozeman Building and
Fire Departments prior to submitting building plans to the construction of the foundry
housing. The enclosure shall designed and engineered to meet all current building and
fire codes.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
No additional code requirements requiring plan corrections have been identified. The
applicants will follow the established procedures for financial guarantees in Article 38.39,
BMC.
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. It is the
duty of the applicant to submit plans and other materials which conform to all standards.
Submittal of inaccurate or incomplete materials may delay review of the application or
prohibit its approval.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Zakovi Conditional Use Permit
DRC - The Development Review Committee (DRC) held its final meeting to consider the application on November 26, 2014. After considering the application materials and having considered the criteria established for CUP; the DRC recommended approval of the
application to the City Commission of continuation of non-conforming use with conditions
and all applicable code provisions. Conditions recommended by the DRC are included with
the list of conditions in Section 3.
Community Development Staff has suggested project specific code provisions and the recommended conditions in Section 3 to bring the site further into compliance with the
requirements of Chapter 38 of the Bozeman Municipal Code allowing for continued non-
conforming use and should not be detrimental to the health, safety and welfare of the
community.
The Bozeman City Commission will hold a public hearing to receive public testimony on this application on February 23, 2015. Upon close of the public hearing the City Commission
will consider the criteria established for this type and location of application. The City
Commission will act to approve, approve with conditions, or deny the application.
146
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 18 of 51
SECTION 6 - STAFF ANALYSIS
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 is a summary of the completed review.
Pursuant to Section 38.19.010.D, BMC states that certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such
circumstances can be demonstrated by the applicant to exist, a conditional use permit may be
granted by the review authority. Conditions may be applied to the issuance of the permit and
periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this chapter.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
The site is generally trapezoidal and unimpeded with physical features that would limit
development with the exception of the size of the subject property.
In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The Bozeman Community Plan designates the subject property and surrounding area as
Residential and zoned R-2, an implementing zoning district. The designation was updated during the 1990 Community Plan update to reflect the evolving nature of the community. Prior to the current designation the area was classified as Business Park/Industrial.
The property is generally not in conformance with the Community Plan with notable
exceptions. However, as permitted under Section 38.32.010.A, BMC, and previous adopted
zoning regulations, any use lawfully existing upon the effective date of the ordinance from which this chapter or any predecessor title or code is derived may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified. In a
letter dated April 27, 1992 the pre-existing uses were described. See also Appendix B.
Chapter 7 of the Bozeman Community Plan addresses Arts and Culture Goals and Objectives
with a goal to support public and private arts and cultural opportunities in the Bozeman community for the enjoyment of all persons. The objectives to further this goal focus on cultural programs, public parks, education, and inclusionary programs. While this project is
a for-profit, private endeavor there is a public component that furthers this goal.
Chapters 8 of the Bozeman Community Plan details the goals and objectives of the
community by promoting and encourage the continued development of Bozeman as a vital economic center. Objective ED-1.1 is to support business creation, retention, and expansion emphasizing small businesses among others.
2. Conformance to this chapter, including the cessation of any current violations
There are nonconforming uses and structures on the subject property. The purpose of this
application is to allow the display of goods to be sold, establish a foundry, and allow stone
147
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 19 of 51
work on site. However, there is no significant change in the intensity of activities, general
site layout, storm water, circulation, pervious surface, or other metric than exceeds thresholds
trigger full compliance with current standards. There is no anticipated increase in traffic,
parking demand, or proposed increase in impervious surface area.
Generally, the current use of the property is a lawful nonconforming nonresidential use. The
expansion of which may occur only through the granting of a conditional use permit by the
City Commission. In addition, the City Commission shall consider whether the expansion is
reasonable, natural and incidental to the growth and use of an existing business. In general,
proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning
or a change in zoning.
The City is continually modifying and evolving zoning regulations to meet social, cultural
and physical realities of a growing community. In this case the general use and activities
have remained constant for approximately 27 years. The City has adopted new versions of the Growth Policy and zoning regulations on the following schedule:
Comprehensive Plans Zoning Ordinances
1958 Ord. 653 Aug 1, 1934 - Initial adoption of Zoning in
Bozeman
1972 Ord. 664 Nov 29, 1935
1983 Ord. 682 July 1, 1938
1990 Ord. 711 Aug 8, 1941
2001 Ord. 776 July 21, 1954
2009 Ord. 818 May 4, 1960
Ord. 855 Jan 12, 1966
Ord. 935 Aug 22, 1973
Ord. 1118 Nov 22, 1982
Ord. 1332 Sep 3, 1991
Ord. 1513 Apr 17, 2000 - Municipal only zoning
Ord. 1604 Nov 24, 2003 - Adoption of the Unified
Development Ordinance (current framework)
The primary violation under scrutiny with this application is the location of structures within
the required front yard setbacks and North Plum Avenue right-of-way. As noted above an
encroachment permit was submitted to the Engineering Department and was denied (see
attached). The Commission gave authority to the Director of Public Works to issue encroachment permits when it adopted 34.02.040, BMC. There is no appeal provision for the
denial of an encroachment permit nor is there a general appeal provision in the municipal
code. The Engineering Department may re-consider the encroachment permit.
148
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 20 of 51
The use may continue while the encroachments may be required to be rectified.
The subject property was undeveloped with no structures when originally purchased.
Records show a number of building permits were submitted and approved over time.
However, no record of proper permits allowing the construction of the “cold storage shed”
shown on 1992 and 2014 site plan were found. Based on examination of the submitted
materials it appears this structure was constructed within required side yard setback
requirements. It is approximately two (2) feet from the southern property boundary. At the
time of construction the side yard setback would have been a minimum of eight (8) feet.
Condition No. 4 requiring a survey will establish the actual encroachment into the side yard
setback, if any.
3. Conformance with all other applicable laws, ordinances, and regulations
Full compliance with current zoning codes is not required with this application.
See item two (2) above. Installation of the foundry, if approved, will require additional
permitting through the Building Department and Fire Department and, as a condition of
approval to ensure mitigation of potential safety concerns, review by the Fire Department. In
addition, gas and/or electric service lines require professional installation and permitting. All permits must be in hand before construction will be approved.
If the Commission grants the use of a foundry on the subject property, as required by the
original approval and conditioned with this CUP, all industrial activities shall be completely
enclosed. Therefore, the foundry enclosure must be redesigned to meet all applicable current
standards for building and fire codes. Staff has provided Conditions No. 16 – 23 to ensure all
149
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 21 of 51
applicable permits are secure prior to construction for the foundry enclosure to mitigate
potential health, safety, and general welfare issues in the community.
Pursuant to Section 38.08.050.A, BMC minimum required yards are:
• Front Yard 15 feet
• Rear Yard 20 feet
• Side Yard 5 feet
Partial Site Plan View
All other activities and site specific considerations are generally considered legal non-
conforming uses and structures. The exception is the addition of the covered parking area on
the southeast corner of the property.
4. Relationship of site plan elements to conditions both on and off the property
The proposed site layout is not being changed or evaluated with this application.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Based on the submitted site plan, wood delivery is shown to the north of the drive access.
Any additional encroachments require approval from the City. In addition, non-residential access must meet the requirements of Section 38.24.090, BMC. These standards include
drive separation, width, depth, and others to promote efficient circulation and minimize
conflict.
150
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 22 of 51
Based on the submitted information the following square footage is used to determine
required parking. See Table 38.25.040-3, BMC.
Function Square Feet Spaces Required Comments
Office and gallery 540 2 50/50 split
Studio/shop/foundry 1182 3 Split studio & shop 60/40
to reduce total # needed
Outdoor display/sales area ~700 1 Warehousing use
Residence 1 br 1.5
Total 7.5 (8)
The original site plan shows 10 parking spaces. Four of those spaces did not meet zoning
standards, one (1) cannot be determined without further investigation leaving a potential of
six (5) usable spaces on the site (P 5 – 9). None of these parking spaces were covered.
The 2014 site plan shows a total of seven (7) parking spaces. Three spaces appear to meet
current zoning standards (P 2 – 4). Additional parking analysis is included in the following paragraphs. At some point since the original approval current parking space No. 1 was
covered by a temporary car shelter. This structure is located within required front yard and
side yard setbacks. Staff has included Condition No. 7 to bring the site into partial
conformance with the original site plan approval parking standards.
The alley is 16 feet wide. Pursuant to Section 38.25.020.D, BMC, 26 feet of backing space is required to insure adequate circulation. Parking space #3, 4 & 5 are placed on the rear
property line and are approximately 22 feet deep. Therefore, parking space 3, 4 and 5 are
non-conforming because they do not have adequate backing area. In addition, parking space
#5 encroaches into the required side yard setback.
Pursuant to Section 38.25.020.E, BMC, requires parallel parking spaces to a minimum of 7 feet wide and 24 feet long. Based on the site plan the drive aisle would prohibit the use of
parking space #2.
The drive aisle is stated to be 20 feet wide. One-way drive aisles must be at least 16 feet
wide and 26 feet for two-way drive aisle. According to the site plan two parking spaces are
located within the drive aisle. There appears to be insufficient space to include both the drive aisle (one or two-way) and a parking space. In addition, the City prohibits parking in drive
aisles.
Finally, all vehicle entrances, oriented to the street, into garages shall be no closer than 20
feet to a property line, unless explicitly authorized otherwise under this chapter.
No other additional traffic changes are proposed from the originally approved project.
6. Pedestrian and vehicular ingress and egress
No changes are proposed from the originally approved project.
151
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 23 of 51
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of
natural vegetation
No changes are proposed from the originally approved project.
8. Open space
No changes are proposed from the originally approved project.
9. Building location and height
No changes to building location or height are proposed.
10. Setbacks
With the exceptions noted in this report the proposal complies with all applicable setbacks.
11. Lighting
No changes are proposed from the originally approved project.
12. Provisions for utilities, including efficient public services and facilities
No changes are proposed from the originally approved project.
13. Site surface drainage
No changes are proposed from the originally approved project.
14. Loading and unloading areas
The wood delivery area is shown on the site plan accessed by North Plum Avenue. As
described in criterion No, 5 above the proposed location does not meet current standards. An encroachment permit from the City would be required for this.
15. Grading
No changes are proposed from the originally approved project.
16. Signage
The image in Appendix C below shows the original sign associate with the business. This sign is still present on the subject property as shown on the photograph below. Numerous
fabricated structures contain language imprinted on surfaces of the structures including a
grave stone with Mr. Zakovi’s name. No other changes are proposed from the originally
approved project.
Signage was not addressed with the original site plan application and is not mentioned in the
original letter outlying permitted activities. Therefore, all existing and proposed sign require
an approved sign permit pursuant to Article 28 of Bozeman Municipal Code. Section
38.28.020, BMC states that if a sign requiring a permit under the provision of this article is to
be placed, constructed, erected or modified on a zone lot, the owner of the lot shall secure a
sign and building permit prior to the construction, placement, erection or modification of
such a sign. Furthermore, the property owner shall maintain in force, at all times, a permit for
such sign. No permit of any kind shall be issued for an existing sign or proposed sign unless
such sign is consistent with the requirements of this article. Murals as defined in section
152
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 24 of 51
38.42.1985 are not subject to this article but may be subject to the provisions of articles 16
and 17 of this chapter. Staff has included Condition No. 15 to bring the property into
conform to this provision.
17. Screening
No changes are proposed from the originally approved project.
18. Overlay district provisions
The site is located in the Conservation Overlay District. No changes are proposed from the
originally approved project.
19. Other related matters, including relevant comment from affected parties
Public comment has been received and has been provided to the Commission. Additional comment may be received prior to the public hearing. All comment will be forwarded to the
Commission when it is submitted.
20. If the development includes multiple lots that are interdependent for circulation
or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
153
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 25 of 51
No easements have been filed for the subject property. No changes are proposed from the
originally approved project.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
No phasing is proposed. No changes are proposed from the originally approved project.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the vicinity;
The Northeast Neighborhood is known for its quirky mix of people, houses and businesses.
The general use and activities on the site have remained constant for approximately 27 years.
Many properties in the vicinity do not meet current zoning standards to some extent.
Although the dominant land use in the immediate vicinity is residential, numerous commercial and industrial activities continue nearby; some with higher impacts on adjoining
properties than others.
The issue of non-compatible land use is the core of the creation of zoning and the legal
standing of the police power to regulate private property. Industrial uses generally are not
compatible with residential uses. However, the intensity, duration, and type of industrial activity may be tolerable if certain conditions are adhered to. The expansion of display art
into the front yard may cause another property owner distress and has the potential to create
unsafe conditions for the delivery of emergency services.
Zoning regulations have limited effect on interpersonal communication and relations.
Frequently regulatory approaches to individuals can create negative externalities and/or unintended consequences. Bozeman is a growing and changes place and although our plans
and policies evolve they tend to be obtuse tools in to address neighborhood conflicts.
Artisan Manufacturing Analysis
The City recently adopted the “Artisan Manufacturing” definition to allow the production of goods by the use of hand tools or small-scale, light mechanical equipment. Based on the
definition and location, artisan manufacturing cannot be utilized for this property because of
the scale of goods produced, tools used to create sculptures, storage outside the confines of
buildings, impacts on surrounding properties, and, perhaps most importantly, artisan
manufacturing is not a permitted use within the R-2 District with or without a conditional use permit. However, the requirements for artisan manufacturing reflect the same requirements
154
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 26 of 51
regarding outdoor storage of materials consistent throughout the BMC. Outdoor storage of
raw materials has an impact on surrounding property owners. The applicants request to
expand the storage area of unscreened materials is contrary to the intent and purpose of the
regulations throughout the BMC to create safe and compatible sites.
The definition of “Artisan Manufacturing” pursuant to Section 38.42.1865, BMC is the
production of goods by the use of hand tools or small-scale, light mechanical equipment
occurring solely within an enclosed building where such production requires no outdoor
operations or storage, and where the production, operations, and storage of materials related
to production occupy no more than 3,500 square feet of gross floor area. Typical uses have negligible negative impact on surrounding properties and include woodworking and cabinet
shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts, production
of alcohol, or food processing.
Home Based Business Analysis
Pursuant to Section 38.08.020, BMC, options for Home Based Business may be permitted
under certain circumstances subject to the terms and thresholds of Section 38.22.110. A
home-based business is a use that is considered accessory to a dwelling unit. Buildings
combining live/work arrangements located in districts where both the residential and
nonresidential uses to be combined are authorized are not subject to the requirements of this section. Section 38.22.110.B(1), BMC states the Home Based Business use shall be clearly
incidental and secondary to the use of the dwelling for residential purposes and shall not
change the character of the dwelling or adversely affect the uses permitted in the residential
district of which it is a part. The home-based business may not be conducted in an accessory
structure, and shall comply with the standards of subsection C of this section. Finally, allowed use No. 4 in the correspondence dated April 7, 1991 included with the Applicant
Submittal states residential is an accessory use on the subject property. Therefore, this
application does not meet the standards to allow this application to be reviewed as a Home
Based Business.
Expanding industrial uses to include a foundry has the potential to negatively impact adjoining property owners and other within the community. Therefore, Conditions 16 – 23
are included to minimize potential negative external impacts caused by the firing of a
foundry within a residential zoning district. They include limiting the hours of operation, the
total size of the crucible, frequency of the operation, and minimize off gassing created by the
use.
In addition, a condition requiring a retracement survey is included to accurately establish
property boundaries in an area known for uncertainty. This will insure proper siting of any
future structures on the subject property and clearly establish current property boundaries
necessary for determining right-of-way-location and yards.
Expansion of structures (sculptures) within required front, side, and rear yards and ROW
The original 1992 site plan shows one (1) sculpture within the front yard setback (see image
below) and appears in the 1991 photograph in Appendix C. No structures or materials were
located within the road right of way in the original site plan. There were no structures within
155
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 27 of 51
the rear yard setbacks in the 1992 site plan (see partial site plan images below). The number
of sculptures and locations has expanded since the original approval as shown in the 2014
site plan (see image below) and photos taken of the site. Under the Commission’s broad
authority in granting conditional use permits for expansion of nonconforming uses, the City Commission may grant an expansion of display of goods within the zoning setback.
If the Commission determines the expansion of the display of structures (sculptures)
constitutes the expansion is reasonable, natural and incidental to the growth and use of an
existing business Condition 13 to limit the continued expansion of structures within required
yards is recommended.
Section 38.23.160 states:
A. All materials, supplies, merchandise or other similar matter not on display for direct
sale, rental or lease to the ultimate consumer or user shall be stored within the
confines of a 100 percent opaque wall or fence not less than six feet tall.
B. No storage of any type shall be permitted within any required yard, and shall be subject to section 38.22.150.
C. All areas designated for vehicle and equipment storage shall be screened from view
from the street and adjacent properties as per subsection A of this section. Vehicle
and equipment storage areas shall not be subject to parking lot paving or landscape
requirements, but shall be subject to drainage detention requirements and appropriate dust control requirements.
1992 Site Plan – Front yard sculpture location in red.
156
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 28 of 51
2014 Site Plan – Front yard sculpture locations generally shown in red.
1992 Site Plan – Rear yard, no structures in rear setbacks.
157
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 29 of 51
2014 Site Plan – Rear yard sculpture locations shown in red.
In evaluating changes to or expansions of nonconforming uses, Section 38.32.020, BMC the
review authority shall weigh the criteria set forth in subsection B of this section. In addition, the review authority shall consider whether the expansion is reasonable, natural and
incidental to the growth and use of an existing business. In making such a determination, the
review authority shall weigh the following criteria in addition to the criteria applicable to all
conditional use permits:
a. Traffic impacts, both on-site and off-site;
Locating sculpture with the road right of way and within the required front yard setbacks
is designed to attract attention to goods being sold. The proximity to the thoroughfare
has the potential to impede the smooth flow of traffic on a local street. In addition, North
Plum does not have sidewalks which forces pedestrian traffic to mingle with vehicular
traffic. Pursuant to section 38.01.040, BMC the intent and purpose of these regulations is
to promote the public health, safety and general welfare by: preventing the creation of
private or public nuisances caused by noncompliance with the standards and procedures
of this chapter; regulating the subdivision, development and use of land; preventing the
overcrowding of land; lessening congestion in the streets and highways.
[the remainder of the text of Section 38.32.010A.1 omitted].
b. Off-street parking and loading requirements;
158
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 30 of 51
The proposed expansion and scope of sculpture does not directly impinge off-street
parking and loading requirements. No parking and loading activities are allowed within
front yards. However, due to the size of the subject property and the number of
buildings, mature landscaping, building stored materials, parking, access, and other items
restrict the amount of additional structures on the property.
c. The visual impact on the surrounding area;
Some may find the sculpture pleasing and others may think differently. As noted on the
1993 site plan and the photograph show one sculpture adjacent to the entrance of the
studio. The number and geographic scope of the sculpture has increased substantially as
shown on the 2014 site plan attached to this report. The Commission must determine if
this expansion is commensurate with the originally approval and reasonable, natural and
incidental to the growth and use of an existing business.
Outdoor storage of building and fabricating materials has visual impacts on the
surrounding area. A more detailed discussion of storage of materials is included in this
report under “outdoor storage”.
d. The degree of compliance with the adopted growth policy and this chapter;
The subject property is designated as residential and identifies 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.
The display of sculpture is allowed in residential zoning districts although not in required
front yards.
e. The level of conflict with other uses in the surrounding area;
The dominant land use in the immediate vicinity is residential. However, the Northeast
neighborhood is a transitional area between historically commercial and industrial
activities to an evolving residential character. Although there are other properties with
structures and other items within required front yards the expansion in the number from
one (1) to eleven (11) and from one location to encompassing most of the front yard
except the drive ails is significant.
f. The presence of other nonconformities in the surrounding area;
The Northeast neighborhood is a transitional area between historically commercial and
industrial activities to an evolving residential character. However, the dominant land use
in the immediate vicinity is residential according to the land use inventory map under
Section 2 of this report. There are no known other non-legal non-conformities in the
surrounding area.
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
159
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 31 of 51
Measurable unsafe or hazardous conditions caused by the display of goods are difficult to
ascertain. However, front, side, and rear yards do provide access for emergency series in
time of need. Response times are often critical in the success rates of these services. If
there are impediments to reaching the person or property those delays may cascade into
larger challenges and potentially affect adjacent properties.
h. The viability of the subject structure; and
The viability of the Applicant’s business is partially tied to the ability to display goods.
Locating goods and services within required front yards is generally prohibited for all
other businesses in the City.
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
Few on-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts are anticipated by the expansion.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden
of proof;
With the exception of the proposed foundry and stone work uses the current activities have been going for over 27 years. No other significant land use changes are being proposed. As
noted earlier in this report many of the uses were determined to be legal non-conforming
uses.
The dominant land use in the immediate vicinity is residential. However, the Northeast
Neighborhood is a transitional area between historically commercial and industrial activities to an evolving residential character. Nevertheless, potentially non-compatible land uses exist
that may create potential conflicts between neighbors and increase the potential for negative
externalities caused by certain uses crossing onto others properties. Therefore, the conditions
of approval are included in section 3 above to maintain existing uses and ameliorate impacts on adjacent properties by insuring parking and snow storage areas are largely contained on site, that certain industrial activities are performed during working hours, and the public
right-of-way is cleared.
Also, the DRC did not identify any hazards to the public health and safety and finds that the
application generally can comply with the Bozeman Municipal Code as conditioned.
Manufacturing Expansion (Foundry) Analysis
In September 1991 Mr. Zakovi submitted an application for a minor site plan to allow the
construction of a foundry and an 8’ x 10’ enclosure for casting metals, jewelry and sculpture.
The City Commission determined a foundry was a permitted use within the M-1 District if the operation of the foundry met the following criteria:
1. Accessory to principal use;
160
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 32 of 51
2. No more than one pour per week;
3. Crucible size not to exceed 30 pounds;
4. Casting done only for and by persons involved in the permitted principal activity on
the premises, and not for others; 5. All activities with this use are performed indoors; and
6. Total square footage of enclosure not to exceed 120 square feet.
Section 38.32.010.D, BMC states, “Whenever a lawful nonconforming use of a building,
structure or land is discontinued for a period of 90 days, any future use of the building,
structure or land shall be in conformity with the provisions of this chapter”. Staff has concluded that the foundry was never establish or functional.
The permit to construct the enclosure for the foundry was issued on October 6, 1992. The
Applicant requested an extension of the permit. The extension was denied. An inspection of
the structure was performed in September 1994; therefore the permit expired in March 1995.
Pursuant to International Building Code (IBC) Section 105.5 - Permit Expiration, “every permit issued shall become invalid unless the work on the site authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized on the site by such
permit is suspended or abandoned for a period of 180 days after the time the work is
commenced. The building official is authorized to grant, in writing, one or more extensions
of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.”
The City of Bozeman Municipal Code also states that in order to renew action on an expired
permit, a new permit shall first be obtained and the fee therefore shall be one-half the amount
required for a new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. Therefore, the foundry enclosure
must be redesigned to meet all applicable current standards for building and fire codes. Staff
has provided Conditions No. 15 – 23 to insure all applicable permits are secure prior to
construction for the foundry enclosure to mitigate potential health, safety, and general
welfare issue in the community.
A lawful nonconforming nonresidential use may be expanded only through the granting of a
conditional use permit by the review authority. In evaluating changes to or expansions of
nonconforming uses, Section 38.32.020, BMC the review authority shall weigh the criteria
set forth in subsection B of this section. In addition, the review authority shall consider whether the expansion is reasonable, natural and incidental to the growth and use of an
existing business. In making such a determination, the review authority shall weigh the
following criteria in addition to the criteria applicable to all conditional use permits:
a. Traffic impacts, both on-site and off-site;
The foundry will not increase traffic impacts more than what occur on the subject
property. The conditions of approval limit the frequency of the foundry is used, by
whom, the size of the crucible, and limits its use directly to activities on site.
b. Off-street parking and loading requirements;
161
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 33 of 51
The proposed parking plan does not meet current standards as discussed in Section 6
above. However, this CUP does require all zoning standards to be met and adding the
foundry to approved uses on site as an accessory to previously approved non-conforming
use would not increase parking demands as described under part “a” above.
c. The visual impact on the surrounding area;
Conditions of approval require all activities to be entirely contained within four walls.
The visual impact the foundry creates relative to other uses and structures is small. In
addition, the proposed location of the foundry is internal to the site and should not
visually impact the surrounding area.
d. The degree of compliance with the adopted growth policy and this chapter;
The subject property is designated as residential and identifies 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.
A foundry is not explicitly defined. However, Heavy Industry pursuant to Section
38.42.1470, BMC, is an industry whose processing of products results in the emission of
any atmospheric pollutant, light flashes, glare, odor, noise or vibration which may be
heard and/or felt off the premises and an industry which constitutes a fire or explosion
hazard while Light Industry is defined as an industry whose processing of products
results in none of the conditions described for heavy industry. Although the subject
property was within an industrial classified and zoned area the designation was changed
as result of the growing community in 1992, 23 years ago.
In addition, the foundry must be a reasonable, natural and incidental to the growth and
use of an existing business of one or more of the established use outlined in the April 7,
1992 correspondence including “Manufacturing, light and completely indoors (including
cabinet-making, wood and metal working, pottery and sculpture creation, etc);”
“Building contractor’s offices;” “Offices” (including design and drafting studios,
property management, etc.)”; and/or “Accessory residences.” Therefore, all expansions
of activities must be tied to one or more of these legal non-conforming uses.
e. The level of conflict with other uses in the surrounding area;
The dominant land use in the immediate vicinity is residential. However, the Northeast
Neighborhood is a transitional area between historically commercial and industrial
activities to an evolving residential character. Nevertheless, non-compatible land uses
exist that create potential conflicts between neighbors and increase the potential for
negative externalities caused by certain uses crossing onto others properties. Therefore,
conditions of approval are included in section 3 above to maintain existing uses and
ameliorate impacts on adjacent properties by insuring parking and snow storage areas are
largely contained on site, that certain industrial activities are performed during working
hours, and the public right-of-way is cleared.
162
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 34 of 51
The precise configuration of the proposed foundry is not known. However, based on
discussions with the Applicant the foundry will be gas fired brick facility dug into the
ground and enclosed by the previously constructed structure. As noted above, the
foundry structure requires a new building permit to be submitted and reviewed by the
building department and must meet current City fire code. The foundry will require a
flume to gas exhaust. The application does not detail what types of metals will be
poured; bronze, iron, brass, or other. The type of metal will alter the particulate matter,
smoke, dust and related odors and gasses that are emitted. No information is provided on
the type of dust and smoke capture system to be employed to minimize adverse effects on
the neighborhood.
Due to the proximity of other residential properties the fume capture system must meet or
exceed maximum permissible levels of all known hazardous discharge. To mitigate
potential unsafe or hazardous conditions the foundry enclosure must be redesigned to
meet all applicable current standards for building and fire codes. Staff has provided
Conditions No. 16 – 23 to insure all applicable permits are secure prior to construction
for the foundry enclosure to mitigate potential health, safety, and general welfare issue in
the community.
f. The presence of other nonconformities in the surrounding area;
Northeast neighborhood is a transitional area between historically commercial and
industrial activities to an evolving residential character. The dominant land use in the
immediate vicinity is residential according to the land use inventory map under Section 2
of this report. In addition, the City’s right-of-way for North Plum does not include
sidewalks, curb or gutters. New development and street construction would require such
design considerations.
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
Allowing a foundry within a residential district may create unsafe or hazardous
conditions depending on the level of adherence to safety protocol and ongoing
maintenance of the devise. To mitigate potential unsafe or hazardous conditions the
foundry enclosure must be redesigned to meet all applicable current standards for
building and fire codes. Staff has provided Conditions No. 16 – 23 to insure all
applicable permits are secure prior to construction for the foundry enclosure to mitigate
potential health, safety, and general welfare issue in the community. Further, ongoing
compliance depends on individual adherence to code, the execution of the plan, and basic
communication needs.
In addition to the discharge discussion under point “e” above a larger volume of gas will
be required to fire the proposed foundry. Suitable fire suppression systems will be
required to mitigate possible impacts on adjacent residential properties. To mitigate
potential unsafe or hazardous conditions the foundry enclosure must be redesigned to
163
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 35 of 51
meet all applicable current standards for building and fire codes. Staff has provided
Conditions No. 15 – 23 to insure all applicable permits are secure prior to construction
for the foundry enclosure to mitigate potential health, safety, and general welfare issue in
the community.
h. The viability of the subject structure; and
The structure used to house the foundry will require building permits and fire department
review prior to construction to insure viability of the structure.
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
If the Commission determines the foundry is a reasonable, natural and incidental to the
growth and use of an existing business a modicum of protections are provided by
Condition 16 – 23 to insure public safety. In addition, the Applicant has not provided
detailed information on the foundry so clearly defining potential off-site impacts are
difficult to ascertain. Never the less the proposed conditions of approval limit the use to
relatively small, personal use not to be used for mass production.
3. That any additional conditions stated in the approval are deemed necessary to
protect the public health, safety and general welfare. Such conditions may include, but
are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
The applicant generated and provided a site plan drawn to a 1” = 10’ scale which is included
with report. The provided site plan details existing structures, storage areas, parking
locations, and other miscellaneous aspects of the subject property.
Pursuant to Section 38.08.080, BMC the R-2 District has minimum yard requirements as follows:
Front yard: 15 feet
Rear yard: 20 feet
Side yard: 5 feet
In 1991 the subject property was zoned M-1, Light Manufacturing. According to the zoning regulations at that time the M-1 District had the following minimum yards (more detailed
description is included in Appendix C below):
164
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 36 of 51
Front yard: 20 feet
Rear yard: 0 feet
Side yard: 0 feet
However, the Zoning Code required that if an M-1 property were adjacent to a residential zone district, which the subject property was, the setbacks of the residential district would be
applicable. At that time, the side yard setbacks in the residential zone district were eight (8)
feet.
Pursuant to Section 38.08.010, BMC 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. As articulated in Section 38.08.020.C authorized uses listed are
deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process.
Sidewalks have not been installed on North Plumb Avenue. Due to the commercial natures
of the application a waiver of right to protest a creation of special improvement district for
sidewalks is included, Condition No. 12.
An individual foundry is a device that produces metal castings. Metals are cast into shapes by melting them into a liquid, pouring the metal in a mold, and removing the mold material
or casting after the metal has solidified as it cools. The most common metals processed are
aluminum and cast iron. However, other metals, such as bronze, brass, steel, magnesium, and
zinc, are also used to produce castings in foundries. In this process, parts of desired shapes and sizes can be formed. Material safety data sheets (MSDS) are not available at this time.
In conclusion, Staff has identified, through the review process, recommended project
conditions that are included to protect the public health, safety, and general welfare. Please
see the recommended conditions of approval and findings within this report.
Outdoor Storage
All materials, supplies, merchandise or other similar matter not on display for direct sale,
rental or lease to the ultimate consumer or user shall be stored within the confines of a 100
percent opaque wall or fence not less than six feet tall pursuant to Section 38.23.160, BMC.
No storage of any type shall be permitted within any required yard, and shall be subject to section 38.22.150. This requirement is applied to all applications reviewed by the
Community Development Department. Currently there is fabrication and constructions
materials that are not screen from view. Therefore, Condition 13 is included to bring the
subject project further into compliance with code. Please note that this condition requires
that ALL materials are screened from view as required by current code. It is difficult to ascertain precisely what materials were stored unscreened during the original site plan.
165
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 37 of 51
The site includes a crane in the rear of the property as shown in the image below. The crane
was added after the original 1991 site plan approval.
Image taken from alley of subject property.
In evaluating changes to or expansions of nonconforming uses, Section 38.32.020, BMC the review authority shall weigh the criteria set forth in subsection B of this section. In addition,
the review authority shall consider whether the expansion is reasonable, natural and
incidental to the growth and use of an existing business. In making such a determination, the
review authority shall weigh the following criteria in addition to the criteria applicable to all conditional use permits:
a. Traffic impacts, both on-site and off-site;
The site is constrained to provide suitable area and locations for each function, activity,
and requirements. Materials, supplies, merchandise or other similar matter not screened
does not directly impact traffic both on-site and off-site. Depending on the size and
frequency of delivery of raw materials impediments to vehicular and pedestrian travel on
the site will be impacted. However, if the materials are dealt with in timely manner
significant impacts to traffic are not anticipated.
166
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 38 of 51
b. Off-street parking and loading requirements;
The size and nature of the raw materials used on site create unique challenged to material
handing on site. Stone and rocks tend not to lend themselves to neat piles and using
landscaping business as an example have suitable enclosures to manage the materials and
create an efficient location to retrieve and use those materials. In addition, raw steel
being used to fabricate the end product can consume a great deal of ground space.
However, in order to meet the required parking as shown on the original approved site
plan, there remains little area where outdoor storage of material remains viable given the
need to have equipment assistance to move the materials.
c. The visual impact on the surrounding area;
The purpose of screening raw materials from sight is to lessen the visual impact on
adjoining properties. Some construction materials are attractive in their original
prefabricate form while others are visually offensive. No effort is being made to
determine the merit of one material over another the code requires that all materials must
be screened. The Zoning Code in effect at the time of the approval of the site plan,
required screening of outdoor storage of materials, quite consistent with the current code
requirement. The only storage noted on the approved site plan was within an accessory
structure. There is little evidence that screening of outdoor materials has been installed
on the site. Given the constraints on the site: building area, display area, parking and
vehicular circulation, there appears to be a very limited area where outdoor storage could
occur. The photograph in Appendix C below shows a more austere condition than what
was indicated on the approved site plan.
Looking southeast from alley.
167
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 39 of 51
d. The degree of compliance with the adopted growth policy and this chapter;
The subject property is designated as residential and identifies 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.
The presence of raw materials was a permitted accessory use to the original approval for
light manufacturing; however, the requirement for screening of the storage of material
appears to have never occurred.
e. The level of conflict with other uses in the surrounding area;
The dominant land use in the immediate vicinity is residential. However, the Northeast
neighborhood is a transitional area between historically commercial, industrial activities,
and residential uses which are now evolving to a predominantly residential character.
Currently, raw materials are being stored on adjoining properties or cast a shade onto
those properties and if the materials are not secured properly have the potential of causing
personal or property damage if they tipped over.
f. The presence of other nonconformities in the surrounding area;
Northeast neighborhood is a transitional area between historically commercial and
industrial activities to an evolving residential character. With exceptions, other
properties have historically appropriate non-conforming uses and structures. However,
the dominant land use in the immediate vicinity is residential according to the land use
inventory map under Section 2 of this report. There are other non-conformities in the
surrounding area.
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
The degree to which any existing unsafe or hazardous conditions would be mitigated
depends on the location, type of material, and amount being stored. Without having
designated areas for product deliveries will be placed where room is available.
h. The viability of the subject structure; and
The viability of the Applicant’s business is partially tied to the ability to store raw
materials for construction of goods. Due to existing constraints there are limited
locations for storage of raw materials. Some of the character of the site and the
neighborhood is derived by the fact not all is tidy.
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
Few on-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts are anticipated by unscreened storage of
materials.
168
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 40 of 51
f. Regulation of points of vehicular ingress and egress;
The site plan shows a wood delivery area with access from Plum Avenue. There is no known
encroachment permit to allow deliveries to occur in this location. No other ingress or egress
points are proposed from the originally approved project.
g. Regulation of signs;
No special regulation required.
h. Requiring maintenance of the grounds;
No special regulation required.
i. Regulation of noise, vibrations and odors;
Pursuant to Section 38.42.1470, BMC, heavy industrial activities are defined as, “An
industry whose processing of products results in the emission of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises
and an industry which constitutes a fire or explosion hazard”. Light industrial activities are
those industries whose processing of products results in none of the conditions described for heavy industry.
The proposed foundry and stone working, by their nature, will emit odor, noise, vibration,
and atmospheric pollutants which may be heard and/or felt off the premises. To mitigate
potential impacts and protect the public health, safety, and general welfare of adjoining
property owners and the community recommended conditions of approval are listed in Section 3 of this report.
j. Regulation of hours for certain activities;
General fabrications of materials associated with type of creations being produced have the
potential to impact surrounding properties. Therefore, to maintain semblance of the
residential character of the neighborhood recommended hours of operation of all aspects of fabrication and finishing be limited to between 7:30 a.m. and 7:30 p.m. Monday through Saturday, except those expressly permitted by Section 16.06.070, BMC.
k. Time period within which the proposed use shall be developed;
No special regulation required.
l. Duration of use;
As noted earlier the industrial uses have occurred on the subject property prior to the change in land use and zoning. No specific time limits are proposed beyond what is allowed through
this conditional use permit application. Any modifications or proposed expansions of non-
conforming uses may be permitted as described in Section 38.32.020, BMC.
m. Requiring the dedication of access rights; and
No special dedications are required.
n. Other such conditions as will make possible the development of the city in an orderly and efficient manner.
The conditions of approval and code requirements address all issues considered necessary.
169
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 41 of 51
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final site plan process
and will be required prior to approval of the final site plan.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other
process step.
a. Section 38.19.110.F, BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall
constitute restrictions running with the land, shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
the land, successor or assigns. For your information, Code requirement. We will provide you with a document to record on the property following preliminary approval.
b. Section 38.19.110.I, BMC Termination/ Revocation of Conditional Use Permit approval:
1. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements. Over time these things may change and
the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or
conditional use is granted;
c. The use or development of the site is not begun within the time limits of the
170
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 42 of 51
final site plan approval in Section 38.19.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination
by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the
Planning Director may not be appealed. If the Planning Director determines that the
conditional use permit may be renewed on a site then any conditions of approval of
the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the City may revoke the approval through
the procedures outlined in Section 38.34.160, BMC. For your information, Code
requirement.
c. Section 38.19.120, BMC requires the applicant to submit seven (7) copies of a final plan within 6 months of preliminary approval containing all of the conditions, corrections and
modifications to be reviewed and approved by the Community Development Department.
This is the final step in the planning entitlement process. An application form and fee
is required in addition to the final plan set submittal.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned “R-2” (Residential Two-Household Medium Density District).
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.
Section 38.08.020 – Authorized Uses.
A. Uses in the various residential districts are depicted in Table 38.08.020 in subsection C of this section. Principal uses are indicated with a "P," conditional uses are indicated with a
"C," accessory uses are indicated with an "A" and uses which are not permitted with the
district are indicated by a "-."
B. Additional uses for telecommunication uses are contained in article 29 of this chapter.
C. The uses listed are deliberately broad and some are given special definitions in article 42 of this chapter. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically
addressed through the review process. Some uses are the subject of special regulations
contained in article 22 of this chapter.
171
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 43 of 51
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P —
Agricultural uses on 2.5
acres or more2
P — — — — — —
Agricultural uses on less
than 2.5 acres2
C — — — — — —
Apartments/apartment building, as defined in article
42 of this chapter
— — — — P P —
Bed and breakfast C C C C P P —
Commercial stable C — — — — — —
Community centers C C C C C P C
Community residential
facilities with eight or fewer
residents
P P P P P P P
Community residential
facilities serving nine or more residents
— — — C P P —
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services Type I A A A A A A A
Essential services Type II P P P P P P P
Essential services Type III C10 C10 C10 C10 C10 C10 C10
Extended stay lodgings C C C P P P —
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses — — — C P P —
172
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 44 of 51
Golf courses C C C — — — C
Greenhouses A A A A A A —
Group day care home P P P P P P P
Group living P P P P P P P
Guesthouses A A A A A A —
Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodginghouses — — — C P P —
Offices — — — — C3 P —
Other buildings and
structures typically
accessory to authorized uses
A A A A A A A
Private garages A A A A A A A
Private or jointly owned recreational facilities A A A A A A A
Private stormwater control
facilities
A A A A A A A
Private vehicle and boat
storage
A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on
permanent foundations1
P P P P P P P
Manufactured home
communities
— — — — — — P
Medical offices, clinics, and
centers
— — — — C P —
Recreational vehicle parks C — — — — — P
Signs, subject to article 28 of
this chapter
A A A A A A A
Single-household dwelling P P P P P P P
173
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 45 of 51
Temporary buildings and
yards incidental to
construction work
A A A A A A A
Temporary sales and office
buildings
A A A A A A A
Three- or four-household
dwelling
— — — P P P —
Two-household dwelling — — P P P P —
Townhouses (two attached
units)
P7 P7 P P P P P7
Townhouses (five attached
units or less)
— — — P6 P P —
Townhouses (more than five attached units) — — — — P P —
Tool sheds for storage of
domestic supplies
A A A A A A A
Uses approved as part of a
PUD per article 20 of this chapter
C C C C C C C
Veterinary uses C — — — — — —
Notable Notes:
3 Only when in conjunction with dwellings.
4 Storage for more than three recreational vehicles or boats.
5 Home-based businesses are subject to the terms and thresholds of section 38.22.110.
10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “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
174
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 46 of 51
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.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A Conditional Use Permit application (CUP) to allow the continued industrial activities
detailed in correspondence dated April 7, 1992, establish two additional industrial uses (stone
working & foundry) on site, allow the placement of structures (sculpture) in required front
yard setbacks, and within a public right-of-way.
The subject property was originally purchased by Mr. Zakovi in May, 1988. Between 1990
and 1992 the City’s Growth Policy was updated. In the update, the underlying land use
designation was changed from Commercial/Industrial to Residential. Subsequently, the
zoning classification was updated to reflect the changing nature of the neighborhood and to
meet allowable zoning classifications for the land use designation and was modified from M-
1 (Commercial, Light Manufacturing) to R-3a (Residential, Two-Family, Medium Density
District). The R-3a District was again changed to the current designation of R-2 (Residential
Two-Household Medium Density District).
In September 1991 Mr. Zakovi submitted application for a minor site plan to allow the
construction of a foundry and an 8’ x 10’ enclosure for casting metals (jewelry and sculpture)
within a conservation/historic district. It was unclear whether or not a foundry was a
permitted use or required a CUP in the M-1 district prior to commencing operation. The City
Commission determined a foundry was a permitted use within the M-1 District if meeting the
following criteria:
1. Accessory to principal use;
2. No more than one pour per week;
3. Crucible size not to exceed 30 pounds;
4. Casting done only for and by persons involved in the permitted principal activity on
the premises, and not for others;
5. All activities with this use are performed indoors; and
6. Total square footage of enclosure not to exceed 120 square feet.
175
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 47 of 51
On August 27, 1991 the Development Review Committee (DRC) conditionally approved Mr.
Zakovi’s minor site plan. Please refer to the attached letter dated August 27, 1991 for a
complete list of conditions. On August 28, 1991 Mr. Zakovi appealed the DRC approval.
On September 19, 1991 the Bozeman City-County Planning Board voted to overturn and
modify several conditions of approval, please refer to attached letter dated September 19,
1991.
Thirty three (33) signatures from the Northeast Community Neighborhood were provided to
the Bozeman City-County Planning Board stating that, “We, the undersigned, strongly
recommend adherence to all conditions applied to the approval of Craig H. & Sharon
Zakovi’s accessory foundry by the Development Review Committee. Residential and
industrial interests can only coexist if conditions are enforced that allow for the health and
safety of all property owners.”
Photo from 1991 Minor Site Plan Application
Mr. Zakovi requested a 90-day extension of to complete the required Final Site Plan approval
process. This would have given Mr. Zakovi until June 27, 1992 to obtain Final Site Plan
approval. However, the zoning classification from M-1 to R-3a was officially adopted on
April 22, 192. Therefore, Final Site Plan approval was required to be completed by April 22,
1992. Mr. Zakovi was granted Final Site Plan approval on May 11, 1992 subject to an
Improvement Agreement.
176
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 48 of 51
On October 6, 1992 a building permit (attached) to construct an 11’ x 9.5’ foundry enclosure
was issued by the Bozeman Building Department. There is no record of a gas line installed
to provide power for the foundry. Northwest Energy (NWE) was contacted on November 26,
2014 and indicated an original service line was installed in the 1940’s and an additional line
in 1976. NWE has no other information about an additional line to feed a foundry. The
foundry has not been installed or purchased as of the date of this report.
As a result Mr. Zakovi established parameters within which the pre-existing activities may
lawfully continue. These parameters are included in a letter dated April 7, 1992 and attached
to this report. These activities include:
1. “Manufacturing, light and completely indoors (including cabinet-making, wood and
metal working, pottery and sculpture creation, etc);”
2. “Building contractor’s offices;”
3. “Offices” (including design and drafting studios, property management, etc.)”; and
4. “Accessory residences.”
In addition, the aforementioned activities were subject to standards in the Zoning Ordinance
pertaining to site improvements, noise, light, glare, dust etc., as they have been under the M-
1 designation.
January 23, 1992 Bozeman Zoning Ordinance – (M-1 District)
18.34.010 Intent
The intent of the M-1 (Light Manufacturing District) is to provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light
manufacturing and similar activities. The district should ne oriented to major transportation
facilities yet arranged to minimize adverse effects on residential development; therefore,
some type of screening may be necessary.
18.34.020.A Permitted Uses
Building contractor’s office
Manufacturing, light and completely indoors
Warehousing
. . . . [the remainder of the text of Section 18.34.020.A omitted].
18.34.020.B Conditional Uses
Machine shops
. . . . [the remainder of the text of Section 18.34.020.B omitted].
18.34.020.C Accessory Uses
177
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 49 of 51
Outside storage if accessory to a principal use and if screened from the street and
surrounding properties by solid fence or dense plantings at least six (6) feet high.
Other buildings and structures typically accessory to permitted uses.
. . . . [the remainder of the text of Section 18.34.020.C omitted].
18.34.050 Yards
Every lot in the M-1 district shall have the following minimum yards:
Front yard 20 feet
Rear yard none*
Side yard none*
* When a lot is adjacent to or across the street from another zone, the yard requirements shall
be the same as the adjoining zone and buildings shall be screened with either a decorative
fence of plantings. The provisions of A-S, R-S, PLI, and BP shall be interpreted as those of R-1.
Also, rear or side yards adjacent to alleys shall be at least 15 feet.
18.18.40 Yards (R-3A District)
Every lot in the R-3a district shall have the following minimum yards:
Front yard: 25 feet
Rear yard: 15 feet
Side yard: 8 feet
18.36.020 Permitted Uses in the M-2 Manufacturing and Industrial District
All principal uses permitted in the M-1 district, pllu any manufacturing or industrial use in
the district if in compliance with all provisions of this ordinance…
. . . . [the remainder of the text of Section 18.36.020 omitted].
18.04.010 Definition of Terms
Industry, Heavy: Those industries whose processing of products results in the emission of
any atmospheric pollutant, lights flashes, or glare, odor, noise, or vibration which may be heard and/or felt off the premises and those industries which constitute a fire or explosion
hazard.
Industry, Heavy: Those industries whose processing of products results in none of the
conditions described for heavy industry.
Manufacturing: The creation of products either with machinery of by hand according to an organized plan and with the division of labor.
178
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 50 of 51
Manufacturing, Light: Fabrication of and/or assembly of goods from previously prepared
materials.
Offices: Structures, or portions of structures, in which commercial activities take place but
where goods are not produced, sold, or repaired.
Warehouse: An enclosed building designed and used primarily for the storage of goods
and materials.
Interpretation and Conclusion
As shown in Figure 1: Portion of the Official 1991 Bozeman Zoning Map, the subject property was adjacent to a residential zone (R-3a) across Plum Avenue to the east. The
property is bounded by an alley to the west. Therefore, the property was required to be
screened from Plum Avenue and the 15 foot rear yard setback applied. Minimum yards for
the Zakovi property in 1992:
1992 Yards 2015 Yards (38.08.080, BMC)
Front yard: 25 feet Front yard: 15 feet
Rear yard: 15 feet Rear yard: 20 feet
Side yard: 8 feet Side yard: 5 feet
All outside storage of materials must have been screened from the street and surrounding properties by solid fence or dense plantings at least six (6) feet high pursuant to Section
18.34.020.C.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Notice of the application was provided pursuant to Section 38.41.030, BMC. Notice was submitted to the Bozeman Daily Chronicle on Wednesday, December 23, 2014 for publication on Sunday, December 28, 2014 and January 4, 2015, posting a notice
prominently on site using the City standard notice format and sign post on December 23,
2014, mailed first class mail to property owner within 200 feet of the property, and through
the Neighborhood Recognition requirements.
The application was re-noticed due to a discrepancy between the certified adjoiner list provided by the Applicant and number of property owners within 200 feet of the exterior
boundaries of the property owner with the most current addresses on record with the Gallatin
County Clerk & Recorder. Notice was reposted on February 4, 2015
Notice was submitted to the Bozeman Daily Chronicle on Wednesday, February 4, 2015 publication on Sunday, February 8 and 15, 2015, posting a notice prominently on site using
the City standard notice format and sign post on February, 2015, mailed first class mail to
property owner within 200 feet of the property with the updated list provided by the
Applicant, and through the Neighborhood Recognition requirements.
179
Z14346, Staff Report for the Zakovi Conditional Use Permit Page 51 of 51
On January 12, 2015 the City Commission moved to continue the public hearing from
January 12, 2015 to February 23, 2015.
Public comment has been received and is hosted on the City’s web site here.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Zak Zakovi, 417 North Plum Avenue, Bozeman, MT 59715
Representative: Zak Zakovi, 417 North Plum Avenue, Bozeman, MT 59715 8
Report By: Tom Rogers, AICP, Associate Planner
APPENDIX F – ORIGINAL CONDITIONS OF APPROVAL
The Development Review Committee reviewed and approved a minor site plan authorizing an
addition to the existing structure to function as a foundry (attached, dated August 28, 1991). Mr.
Zakovi appealed the decision to the Bozeman City-County Planning Board. The Bozeman City-
County Planning Board voted to overturn and modify several conditions of approval (attached, dated September 19, 1991).
Both documents are attached to this report.
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this conditional use permit.
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
2014 Site Plan
1991 Site Plan
August 28, 1991 Foundry Conditions
September 19, 1991 Foundry Appealed Conditions
Encroachment Permit
Zakovi desired outcome email
Correspondences dated September 4, 2014 from Community Development Director
Concerned Citizens Letter, August 20, 1991
Foundry Building Permit
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217