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Z-15109, Staff Report for the Martin 402 W Koch St. COA Modification
Date: City Commission meeting is on May 11, 2015
Project Description: A modification to a previously approved Certificate of
Appropriateness with a deviation which was to enable the following modifications to
the principal residence at 402 West Koch Street: 1) an addition to the rear of the
existing building; 2) rehabilitation of the existing residence; and 4) related site
improvements.
Project Location: 402 West Koch Street; legally described as the east 50 feet of lots 1-5
and the north 15 feet of Lot 6, Block 27 of the Park Addition to the City of Bozeman,
Gallatin County, Montana
Recommendation: Approval with conditions.
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application Z-15109 and move to approve the amended
Certificate of Appropriateness with Deviations with conditions and subject to all
applicable code provisions.
Report Date: April 29, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1) Will the City Commission reapprove the deviation and amended COA as requested.
Project Summary
This is a modification to a Certificate of Appropriateness application Z-14060 requesting a
deviation from Sec. 38.08.050 “Yards” of the Bozeman Municipal Code which was approved
on April 14, 2014. The deviation was requested in order to allow new construction in a 15
foot front yard setback along South 4th Avenue. The deviation approved in application Z-
14060 was to enable modifications to a historic Bungalow residence in the Cooper Park
Historic District.
During construction the entire home was demolished rather than the modifications described
in application Z-14060. This amendment is to address the reconstruction of the home. An
amendment to a Certificate of Appropriateness (COA) opens the entire COA application for
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review and additional conditions may be applied as allowed under Section 38.01.070.B,
BMC.
The City Commission was the review authority for the project initially because the deviation
exceeds the 20 percent limitation on deviations approved by the Director of Community
Development. On April 6, 2015, the City Commission acted to reclaim all land use
applications at 402 W. Koch Street. The action item begins at minute mark 5:19 in the
recording of the Commission meeting. Therefore, the City Commission is the review
authority for this amendment.
This amended application seeks approval to reconstruct the home as shown on the design
approved by the City Commission on April 14, 2014, including the encroachment of 8 feet
into the required front yard along S. 4th Avenue, with three alterations.
1) To place an entirely new foundation and basement under the structure. The original
application proposed to reuse portions of the existing foundation.
2) A modification to the kitchen window on the west elevation from a double width to
single width.
3) Addition of a shed dormer on the west elevation on the 2nd story
Some new conditions are suggested by Staff to address this amendment to the COA
application. See the additional discussion under the deviation criteria as well for additional
information.
No change is proposed with this application for the accessory building which was also
approved with the original COA and has since been constructed.
Alternatives
1. Approval of the application with conditions as recommended.
2. Denial of the requested deviation, which would require the applicant to redesign the
building in order to stay out of the required yard along S. 4th Avenue.
3. Table the matter and request additional information.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 5
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SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 5
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 6
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 6
Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 6
Neighborhood Conservation Overlay District Review Criteria ........................................ 12
Deviation Review Criteria Within the Neighborhood Conservation Overlay District –
Section 38.16.070.............................................................................................................. 16
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 19
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 20
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 21
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 21
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 21
FISCAL EFFECTS ................................................................................................................. 22
ATTACHMENTS ................................................................................................................... 22
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Single Household Residence, Zoned R-2 (Residential, Medium Density)
South: Single Household Residence, Zoned R-2 (Residential, Medium Density)
East: Two-Household Residence, Zoned R-4 (Residential, High Density)
West: Single Household Residence, Zoned R-2 (Residential, Medium Density)
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Image of the original proposed setback deviation and preexisting encroachment
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
Relaxations have been requested from the following section.
1) Section 38.08.050 to allow portions of the residential addition to be constructed in the
required 15 foot corner-side front yard setback along South 4th Avenue.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. If any public sidewalk or curb are damaged during the construction, the applicant shall
repair and replace them to the design standards of the City of Bozeman. This repair
and/or replacement shall be noted on the site plan drawing in the building permit
drawings. The applicant is required to obtain a “Sidewalk and/or Driveway and Curb Cut
Permit” from the Engineering Department for that work if necessary. All new or
replaced sidewalks must be inspected by the City Engineering Department prior to final
occupancy of the residence.
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2. Prior to issuance of a Building Permit, the applicant shall provide a materials palette
indicating the final material choices for the residence for approval by the Department of
Community Development.
3. No changes from the approved plans may be made without prior review and written
approval by the City.
4. The applicants shall submit complete and revised building permit plans to the building
division, obtain a revised building permit for the construction of the principal residence,
and begin construction prior to July 6, 2015.
5. The principal residence may not have more than two bedrooms at any time the accessory
dwelling unit on the premises is in use unless additional parking has been provided.
6. Finished first floor elevation shall be at the same elevation as the original home +/- 6
inches.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. None have been identified at this time.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
As the proposed design is essentially the same as the original application the analysis below
contains elements which are a repetition of the original review. Administrative Design
Review staff has reviewed the proposed alterations detailed in the executive summary and
finds that they do not materially alter any of the design related review criteria. The review
criteria relating to historic structures have been updated to reflect that the amended proposal
is for all new reconstruction in the replacement of the dwelling. There is substantial
additional discussion under the deviation criteria. The design review criteria do not address
the interior of the structure, only the exterior.
Standards for Certificates of Appropriateness, Section 38.16.050, BMC
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness
approval for proposed alterations.
A. All work performed in completion of an approved Certificate of
Appropriateness shall be in conformance with the most recent edition of the Secretary
of Interior’s Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published
1995), published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services, Washington,
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D.C. (available for review at the Department of Community Development and online at
http://www.nps.gov/history/hps/tps/standguide/ ).
This application proposes reconstruction of a modest Craftsman-style bungalow. The original
structure, since demolished, was constructed in 1919 which contributed to the Cooper Park
Historic District; on the National Register of Historic Places (National Register nomination is
available online, at http://www.preservebozeman.org/pdf/BozemanCooperParkHD.pdf ). The
National Register nomination specifically mentions 402 West Koch as a representative
example of bungalows typically found in the Cooper Park District, noting, “Perhaps the most
typical Bungalows, however, are simple, one-story, gable front blocks with broad, low
proportions, gabled porches projecting from one half of the facades, and only very simple
ornamentation such as exposed rafter tails. Two representative examples are 621 South 7th
Avenue and 402 West Koch Street.”
The proposed reconstruction is in the physical form previously found to be appropriate.
Although the City typically discourages historical recreations, in this case the reconstruction
is deemed appropriate due to the unapproved removal of the original structure. The SOI
Standards and Guidelines are incorporated into the Certificate of Appropriateness criteria
listed below.
B. Architectural appearance design guidelines used to consider the appropriateness
and compatibility of proposed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
upon the following:
1. Height;
The original residence was 20 feet and 8 inches tall with a 6:12 pitch. The original
application proposed to increase the headroom in the second floor and improve the
residence’s structural stability by re-building the roof. New roofing trusses were proposed, to
increase the headroom on the second floor from 7 foot 1 inch to 8 feet. The building’s overall
height will increase by two feet, to 22 feet and 9 inches. The roof’s pitch will be increased to
7:12. Please see additional comments under “Roof Shape.”
The additional height needs to be maintained to preserve the dominant relationship for the
main dwelling over the accessory structure on the site. Sec. 38.21.050.E.2 BMC, prohibits
accessory structures from exceeding the height of the principal building. The accessory
structure has a maximum height of 20 feet and 3 inches.
Staff finds the modified height of the residence and the height of the accessory structure
appropriate within the Cooper Park Historic District and the Neighborhood Conservation
Overlay District.
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2. Proportions of doors and windows;
The residence at 402 West Koch Street presents doors and window openings organized in a
manner consistent with the Bungalow style. The original wood windows were double-hung,
with three divided lites over a single lite, and arranged singly, in pairs or in triplicate. The
modified COA retains this pattern. The change to the kitchen window does not conflict with
the proportions of doors and windows of the original residence.
The application proposes no modification to the proportions of doors and window openings
in the original residence. Windows and doors in the addition at the rear of the residence and
in the second floor gables and dormers will match the window-to-wall ratio of the original
residence. The windows and doors in the accessory structure have proportions matching
those on the house.
Staff finds the proportion of windows and doors proposed with this project to be appropriate
for a Bungalow in the Cooper Park Historic District and the Neighborhood Conservation
Overlay District.
3. Relationship of building masses and spaces;
The original application proposed an addition to the rear of the modest bungalow-style
residence at 402 West Koch Street. This required demolition of an 11 foot wide attached
garage at the rear of the structure. In the garage’s place, a 14 foot wide addition was to be
added to the rear of the residence extending the building’s footprint 3 feet to the south of the
garage’s southern wall. The application also proposed a single-story mud room to the west of
the residence, at the rear of the structure.
The proposed amended COA will retain this relationship of building masses and proposes to
keep the same footprint in the same location as the originally approved project.
In conjunction with the planned modifications to the residence’s roof, the rear addition will
modify the building’s overall massing by slightly increasing the building’s height and
substantially increasing the length. As the addition is located at the rear of the residence, and
does not overpower the historic massing of the residence, Staff found the proposed
modifications to the residence appropriate for a Bungalow in the Cooper Park Historic
District and the Neighborhood Conservation Overlay District. The amendment to the COA
does not modify this arrangement and therefore this finding stands.
Staff finds the proposed relationship of building masses and spaces appropriate for a
Bungalow in the Cooper Park Historic District and the Neighborhood Conservation Overlay
District.
4. Roof shape;
The original residence at 402 West Koch Street presented an end-gable to West Koch Street.
The roof’s ridge line is perpendicular to West Koch Street. Applicant’s approved design adds
a shed dormer on the east face of the roof to provide windows to second floor living space.
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The application proposes to construct an addition to the original residence which maintains
the residence’s historic roof shape. The shed dormer that existed on the east will be replaced
with gable dormers on the east and west and a shed dormer on the west. The ridge of the
gable dormers will intersect the primary roof ridge in about the middle of the ridge line. The
dormers are set back from the primary façade, which reinforces the end-gable design from
West Koch Street. The roof’s eve line also wraps the gable dormers; this makes the gable
dormers subordinate to the principal roof shape.
Staff finds the proposed modifications to the original roof shape appropriate for a Bungalow
in the Cooper Park Historic District and the Neighborhood Conservation Overlay District.
5. Scale;
The previously existing residence at 402 West Koch was a single story, with a raised
foundation and full basement and second story attic space converted into living space. The
initially approved application proposed to remodel the historic residence to make the living
space on the second story more functional for continued residential use, and add residential
living space at the rear of the structure. The amended COA makes no changes to this
proposal that would affect the scale of the building. The proposed addition and expanded
basement will add about a half more living space in a manner which does not adversely affect
the original residence’s historic massing or scale.
The application proposes a one and one half story accessory structure which satisfies all of
the requirements of Sec. 38.21.050 BMC, “Accessory buildings, uses and equipment.” These
requirements were implemented to ensure the massing and scale of new accessory structures
was subordinate to the principal residence. Care must be taken in placing the new foundation
and reconstructed home to not super-elevate the structure in a manner which is inconsistent
for the site. Condition 6 addresses this issue.
Staff finds the proposed modifications appropriately reflect the historic Bungalow at 402
West Koch Street and are appropriate for a Bungalow in the Cooper Park Historic District
and the Neighborhood Conservation Overlay District.
6. Directional expression;
The historic Bungalow residence presents an emphasis on horizontal directional expression.
The proposed modification extends the original residence towards the rear yard, rather than
increasing the residence’s height in a manner which would expand the residence in a vertical
manner.
Staff finds the proposed modifications do not adversely affect the directional expression of
the historic bungalow at 402 West Koch Street, and are appropriate for a Bungalow in the
Cooper Park Historic District and the Neighborhood Conservation Overlay District.
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7. Architectural details;
The original residence at 402 West Koch Street presents modest architectural detailing. In
lieu of architectural detailing, the building’s exterior materials add textural interest to the
simple structure. The simple front porch columns are supported on brick piers. The façade is
finished in wood lap siding with a narrow reveal and wood shingles on the gable ends. A
belly band visually separates the wood lap siding from the shingles. Craftsman knee braces
are not present in the gable ends. The roof rafter tails are exposed.
The application proposes to match the architectural detailing to that present on the historic
home.
Staff finds the architectural details proposed with the addition and the accessory structure
appropriate for a Bungalow in the Cooper Park Historic District and the Neighborhood
Conservation Overlay District.
8. Concealment of non-period appurtenances, such as mechanical equipment; and
Mechanical equipment is not shown on the application materials. Bozeman Municipal Code
requires screening of mechanical equipment and prohibits mechanical equipment located in
front or side yards. This has been included in Appendix A as an Advisory Code Citation.
9. Materials and color scheme.
The Bungalow at 402 West Koch Street was clad in wood lap siding, with a wider lap below
the window sills and a narrower profile from the windowsills to the eaves. Wood shingles
were present in the end gables. The windows were a combination of the original windows.
The original windows were a simple 1/1 hung window that were later replaced with 3/1 hung
windows (the original windows are stored in the basement). The original picture windows on
the north and east elevations remained in place, and included a storm window. The building
had a wood front door.
The proposed reconstruction proposes to retain materials with the same character. Windows
will be the 3/1 style that had been installed prior to demolition.
The applicant has not finalized material and color choices for the property. In order to ensure
that choices about the replacement of materials on the historic Bungalow are consistent with
the Design Guidelines for the Neighborhood Conservation Overlay District, Staff has
included a recommended Condition of Approval requiring final material choices for the
residence be approved by the Department of Community Development prior to issuance of a
Building Permit.
The constructed accessory garage is clad in a Hardie Board siding that matches the profile of
the wood siding on the historic residence. Shingles were used in the gables and dormers of
the accessory building. Windows are wood, with an exterior cladding. Staff finds these
materials appropriate for new construction in the Cooper Park Historic District and the
Neighborhood Conservation Overlay District.
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C. Contemporary, nonperiod and innovative design of new structures and
additions to existing structures shall be encouraged when such new construction or
additions do not destroy significant historical, cultural or architectural structures, or
their components, and when such design is compatible with the foregoing elements of
the structure and the surrounding structures.
The initial application (Z-14060) proposed demolition of a garage attached to the rear of the
residence at 402 West Koch Street. It’s unclear if the garage was constructed with the
residence in 1919, or added later. Sanborn Fire Insurance Maps indicate the presence of the
garage by 1927. The removal and replacement with an addition was approved.
As the principal dwelling has now been demolished there is no historical character remaining
of the principal dwelling. The reconstruction will largely mimic the original home with the
inclusion of a previously approved addition. The addition was consistent with the character
of the original home. No contemporary design is proposed.
D. When applying the standards of subsections A-C, the review authority shall
be guided by the Design Guidelines for the Neighborhood Conservation Overlay
District which are hereby incorporated by this reference. When reviewing a
contemporary, non-period, or innovative design of new structures, or addition to
existing structure, the review authority shall be guided by the Design Guidelines for the
Neighborhood Conservation Overlay District to determine whether the proposal is
compatible with any existing or surrounding structures.
The Design Guidelines have been incorporated into the comments on the previous page
addressing the architectural appearance design guidelines. The Design Guidelines are also
discussed below.
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E. Conformance with other applicable development standards of this title.
The application requests a deviation from Sec. 38.08.050 “Yards” BMC. Please see further
review below.
The applicant has separately proposed temporary conversion of the second floor storage
space in the accessory structure into an Accessory Dwelling Unit (ADU) as temporary living
quarters. This application was considered by the City Commission on May 4, 2015. Any
permanent conversion will require a new development review application and must be in
conformance with Sec. 38.22.030 “Accessory Dwelling Units.”
With exception of the requested deviation, the application meets all other applicable
development standards.
F. Tax abatement certificate of appropriateness applications are also reviewed
with the procedures and standards established in chapter 2, article 6, division 2.
Though the property is located in the Cooper Park Historic District, the applicant has not
requested tax abatement.
Neighborhood Conservation Overlay District Review Criteria
Chapter 1. Rehabilitation Guidelines for Historic Properties
A. Character-Defining Features
The application maintains the significant stylistic and architectural features of a modest
Bungalow in the Cooper Park Historic District. The proposed design does not add elements
or details that were not part of the original building.
B. Historic Building Materials
As the home will be all new construction no historic building materials will be preserved.
The character of the new materials will closely match the original material. Please also see
the recommended Conditions of Approval.
C. Individual Building Features
Windows
The size, proportion, position, number and arrangement of historic windows will be
preserved. The new windows will match the historic windows in material, configuration and
detailing.
Doors
The size, location and configuration of the historic door will be preserved.
Roofs
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The original roof form will be reconstructed with only a slight modification to increase
headroom in the second story. The original eave depth will be reconstructed and the overall
appearance of the original roof will be preserved. Metal roofs are used as an accent at the rear
of the proposed addition, and on the proposed accessory garage.
Foundations
An entirely new foundation will be placed. The historic foundation was concrete. The new
foundation will also be concrete.
D. Rehabilitation of Historic Commercial Properties
Preservation of Commercial Storefronts
Not applicable.
Additions to Commercial Properties
Not applicable.
Signs
Not applicable.
E. Rehabilitation of Historic Residential Properties
Porches
The design, detailing, materials, scale and proportions of the original porch will be
maintained.
Additions to Residential Properties
Not applicable.
F. Secondary Structures
Secondary structures are not proposed with this application.
G. Adaptive Re-use
The residence will remain in residential use.
H. Historic Additions
A historic garage addition will be removed from the residence, and replaced with a rear
addition to the residence. The historic garage addition was not of primary significance.
Chapter 2. Design Guidelines for All Properties
A. Topography
The proposed design minimizes cut and fill on the site.
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B. Street Patterns
The proposed design respects the historic settlement patterns of the Cooper Park Historic
District. Staff recommends approval of the requested deviation because it continues the
historic street pattern of development along South 4th Avenue at less than a 15 foot yard
setback.
C. Alleys
The application does not propose modifications to the alley.
D. Streetscape
The application does not propose modifications to the streetscape.
E. Landscape Design
The development will preserve and maintain mature trees along West Koch Street.
F. Building Form
The application proposes a traditional building form consistent with a Bungalow in the
Cooper Park Historic District.
G. Solid-to-Void Ratio
The application proposes a ratio of window-to-wall appropriate for structures in the Cooper
Park Historic District.
H. Materials
The application proposes to mimic historic building materials used on the original, now
demolished, residence.
I. Architectural Character
The original application (Z14060) proposed an addition which was in keeping with the
Bungalow style of the residence. The amended application proposes to keep that architectural
character.
J. Parking
The application proposes to locate residential parking in a new accessory garage which takes
vehicular access from the alley. One on-street parking stall is allowed to be counted for the
main home. Collectively, the site has two on-site and one on-street parking spaces. With the
presence of the ADU proposed separately the home is limited to two bedrooms as a result.
K. Buffers
No applicable.
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L. Site Lighting
Bozeman Municipal Code prohibits lighting fixtures which create off-site glare, as included
in Appendix A, Advisory Code Citations.
M. Utilities and Service Areas
Not applicable.
Chapter 3. Guidelines for Residential Character Areas
A. Hierarchy of Public and Private Space
The application provides a front and side yard similar in character to its neighbors and
preserves a front porch oriented to the street.
B. Building Mass and Scale
The application modifies the original residence’s mass and scale in a manner consistent with
traditional single household residences.
C. Roof Form
The front-gable roof form is common for Bungalow style residences in the Cooper Park
Historic District.
D. Secondary Structures
The accessory structure is subordinate in height to the proposed principal structure, as well as
those buildings seen traditionally along the street front. It is located to the rear of the lot,
where its visual impact to the streetscape will be minimized.
E. Multi-Household
The application proposes modifications to a single household dwelling. The use of the second
floor of the accessory structure as an accessory dwelling is being processed separately.
F. Fences and Retaining Walls
The application does not propose modifications to the fence or retaining walls. Fences are
exempt from COA review if they meet the standards set forth in Sec. 38.16.040.A.1.a.1
BMC.
Chapter 5. District-Specific Descriptions
E. Cooper Park Historic District
The application proposes modifications to the historic Bungalow that are consistent with the
character of the Cooper Park Historic District.
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Deviation Review Criteria Within the Neighborhood Conservation Overlay District – Section
38.16.070
The application requests a deviation from Sec. 38.08.050 BMC to allow portions of the
residence to be constructed in the required 15 foot corner-side front yard setback along South
4th Avenue.
As the residence at 402 West Koch Street is located on the corner of West Koch and South
4th Avenue, the property presents a “second or subsequent front yard or corner side yard,” as
defined by Sec. 38.42.2780 BMC as “A yard on a corner lot the area of which is bounded by
a line extending from the front of the principal building (the front building line) to a point
intersecting the side street right-of-way line (side lot line), then along the side lot line to a
point intersecting the rear lot line, then along the rear lot line to a point intersecting the line
formed by extending the wall of the nearest principal building paralleling the side lot line.”
Sec. 38.08.050 A BMC “Yards” requires a minimum 15 foot front yard setback for
properties adjacent to local streets, which in this case would apply to both the West
Koch Street and South 4th Avenue corners of the property. This situation is illustrated
as follows in Figure 38.42.2650 “Required Yard:”
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1. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in section
38.16.050, than would be achieved under a literal enforcement of this chapter;
The original application (Z14060) requested a deviation from the 15 foot yard setback along
South 4th Avenue in order to enable construction of an addition to the rear of the residence.
The addition continued the residence’s existing wall plane, which already encroached 8 feet
into the 15 foot yard setback along South 4th Avenue. This would continue a 7 foot setback
from the eastern property line.
At that time, Staff and the City Commission found the modifications enabled through
approval of the requested deviation are more appropriate for the historic building in question
than would be achieved under a literal enforcement of this chapter.
The current application proposes to maintain that same deviation. The applicant proposes to
reconstruct a nearly identical home in the same footprint as the previously existing home.
Section 38.16.080.A.6 allows the City to require reconstruction of a structure removed
without appropriate approvals. In this circumstance, the reconstruction cannot occur in the
same footprint without the deviation. As this is an amendment to an existing Certificate of
Appropriateness, staff finds that the use of the deviation to allow the home to be restored into
its historical and previously approved location is consistent with the purpose of deviations.
Further, deviations address the issue of adjacent properties. S 4th Avenue is an unusual street.
It is much narrower than the other Avenues in Bozeman and has been treated for very many
years more as an alley than as a full street. The development pattern along the street has
reflected that “alley” perception. There are substantial encroachments into required yards by
many properties including those immediately to the west and on the blocks to the north and
south. Maintaining the reconstructed home in the existing footprint, which requires the
deviation, is more historically appropriate for the site and the overall neighborhood character.
Section 38.32.050 addresses modifications and expansions to non-conforming structures.
The original home at 402 W. Koch was constructed well before the City’s adoption of zoning
in 1934 and the current setback standards. The section provides in paragraph C:
“If a lawful nonconforming structure is proposed to be changed or expanded in a manner
which would increase the degree of nonconformity, or would create a new
nonconformity, a deviation or variance shall be properly granted prior to or in
conjunction with the site development approval required in articles 16, 17, and 19 of this
chapter.”
The original application properly was reviewed and approved by the City Commission as a
sketch plan with a Certificate of Appropriateness with a deviation. The original application
increased the degree of non-conformity by expanding the home to the south within the
required yard setback along S. 4th Avenue. The procedures established in articles 38.16 and
38.19 were followed in order to do so.
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Section 38.32.040 notes that destruction of more than 50% of the replacement value of a non-
conforming structure causes its protected non-conforming status to be lost. The maintenance
and continued use may be continued until that threshold is passed. The Chief Building
Official and other Staff carefully reviewed the plans submitted with the initial application
Z14060 for which a deviation was granted by the City Commission. The staff concluded that
greater than 50% of the structure’s value would have been removed had the plans been
executed exactly as approved by the City Commission. Therefore, the original application
approved the construction not as a non-conforming structure protected from compliance due
to 38.32.040, but as a newly allowed non-conforming structure by grant of the deviation. The
COA is still an active permit. Therefore, this amendment seeks approval to reestablish the
principal dwelling in the same footprint.
Section 38.01.070 addresses revisions/amendments to applications requested after approval
has been granted by the review authority. Paragraph B of this section says in part:
“However, should the owner seek material modifications (e.g., changes to the intent,
nature, or scope of a subdivision or development, or necessary improvements) to a
previously approved subdivision, development or condition of approval, the entire
application shall be considered to be again opened for review and additional conditions
may be applied. Modifications of conditions of approval shall be reviewed through the
same process as the original application. Final action includes the resolution of any
appeals.”
Staff finds this requested amendment a material modification to the original application since
it is now addressing the complete replacement of the principal dwelling rather than
substantial modification to an existing structure. Additional conditions may therefore be
applied to this application. Conditions 3-6 have been added to address the amended
application.
Deviations are discretionary decisions by the review authority upon a finding that the criteria
have been met which require application of judgment. The amendment reopens the question
of the deviation. The City Commission could choose to approve or not approve the
continuation of the deviation. If the deviation is not granted it would require a substantial
redesign of the project.
2. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
Public notice of the requested deviation was completed as described in Appendix D. This
included a notice mailed to all adjoining property owners of record. This is the second time
the notice was provided. The first notice generated no public comments. The notice/comment
period is still ongoing for the amended application.
Staff finds that the requested yard deviation will have minimal adverse effect on abutting
properties or the permitted uses thereof.
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3. Modifications shall assure the protection of the public health, safety and general
welfare. Approvals may be conditioned to assure such protection, and such conditions
may include a time period within which alterations will be completed; landscaping and
maintenance thereof; architectural, site plan and landscape design modifications; or
any other conditions in conformity with the intent and purpose set forth in this article.
The modifications enabled through approval of the requested deviation will improve the
public health, safety and general welfare. Analysis has been completed and no new hazards
will be created through approval of the requested deviation. The proposed modifications do
not affect street vision triangles. A timeline for actions has been proposed by the applicant.
Staff has suggested Condition 4 to keep action on completion moving along which is
consistent with that timeline.
Staff finds that the proposed modification will not adversely affect the public health, safety
and general welfare.
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 38.20.060 states that the project must be completed within two years of final
approval, or said approval shall become null and void. Prior to the lapse of one year,
the applicant may seek an extension of one additional year from the Community
Development Director. For your information, Code requirement. For your
information, Code requirement.
b. All construction activities shall comply with section 38.39.020.A.2 of the Unified
Development Code. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning
that are required are complete. The developer shall be responsible to reimburse the
City for all costs associated with the work if it becomes necessary for the City to
correct any problems that are identified. For your information, Code requirement.
c. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided to
and approved by the City Engineer. The plan must demonstrate adequate site
drainage (including sufficient spot elevations), storm water detention/retention basin
details (including basin sizing and discharge calculations, and discharge structure
details), storm water discharge destination, and a storm water maintenance plan.
Post-development discharges leaving the site shall be limited to the pre-development
discharge rate for each proposed drainage area. For your information, Code
requirement.
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d. A Stormwater Management Permit (SMP) must be submitted and approved by the
City Engineer prior to building permit. The SMP requires submittal of an application
form, a stormwater management plan, and payment of fees in compliance with the
city’s stormwater management ordinance #1763. The SMP is independent of any
other stormwater permitting required from the state of Montana and does not fulfill
the requirement to obtain a general permit for stormwater discharges associated with
construction activity if required under state rules. For your information, Code
requirement.
e. Section 38.23.150.D.7.b BMC states all outdoor lighting fixtures shall be shielded in
such a manner that no light is emitted above a horizontal plane passing through the
lowest point of the light emitting element, so that direct light emitted above the
horizontal plane is eliminated. For your information, Code requirement.
f. Section 38.21.050.F BMC requires all mechanical equipment to be screened.
Rooftop equipment shall be incorporated into the roof form or screened in an
enclosure and ground mounted equipment shall be screened with walls, fencing or
plant materials. The final plan shall contain a notation that “No ground mounted
mechanical equipment, including, but not limited to utilities, air
exchange/conditioning units, transformers, or meters shall encroach into the required
yard setbacks and will be properly screened with an opaque solid wall and/or
adequate landscape features. All rooftop mechanical equipment shall be incorporated
into the roof form or screened in an approved rooftop enclosure.” This notation is
required for any mechanical equipment that may be installed during construction
that was not anticipated in the preliminary plan review.
g. Section 2.06.1600-1700, BMC applies impact fees to new or expanded construction.
The increased home size may result in additional impact fees. Fees are payable at the
time the building permit is issued. Please contact Chris Saunders in the Department of
Community Development for an estimate. For your information, Code requirement.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-2. The intent of the R-2 residential two-household medium
density district is to provide for one- and two-household residential development at urban
densities within the city in areas that present few or no development constraints, and for
community facilities to serve such development while respecting the residential quality and
nature of the area.
Adopted Growth Policy Designation:
The property is designated as Residential. The Residential land use category is described as:
“This category designates places where the primary activity is urban density dwellings.
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Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. High density residential areas
should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an
automobile. Implementation of this category by residential zoning should provide for and
coordinate intensive residential uses in proximity to commercial centers. The residential
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.”
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A modification to a previously approved Certificate of Appropriateness with a deviation
which was to enable the following modifications to the principal residence at 402 West Koch
Street: 1) an addition to the rear of the existing building; 2) rehabilitation of the existing
residence; and 4) related site improvements.
Project Background
The applicant contacted Staff about modifying the historic Bungalow at 402 West Koch in
summer 2013, prior to purchase of the property. The application was submitted on March 21,
2014. The initial application was approved on April 14, 2014. The deviation was requested in
order to allow new construction in a 15 foot front yard setback along South 4th Avenue. The
approved deviation was to enable modifications to a historic Bungalow residence in the
Cooper Park Historic District.
During construction the entire home was demolished rather than the modifications expected.
This amendment to the original COA is to address the reconstruction of the home. A separate
application has been submitted regarding a special temporary use permit for an accessory
dwelling unit, application T15003.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Public notice of the requested deviation occurred on April 24, 2014. A notice was mailed to
all adjoining property owners, posted on site and on the City’s website. The notice was also
printed in the Sunday, April 26 and May 5, 2015 “Legal’s” section of the Bozeman Daily
Chronicle. The public notice period will close at the public hearing, which is scheduled for
May 11, 205.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner: Brian Martin, 402 West Koch Street, Bozeman, MT 59715
Applicant: Same
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Representative: Same
Report By: Chris Saunders, Policy and Planning Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Certificate of Appropriateness application.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
1. Z15109 Application packet
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