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Z15095 Staff Report for the Campbell Triplex Conditional Use Permit and
Certificate of Appropriateness Application
Date: City Commission Public Hearing May 18, 2015
Project Description: A Conditional Use Permit and Certificate of Appropriateness application
proposing to allow a two-story addition, uncovered deck and entryway enclosure to the rear of the existing building located at 1015 South Grand Avenue. The Conditional Use Permit is
required because of an expansion greater than 20 percent of a lawful, nonconforming residential
use.
Project Location: The property is addressed as 1015 South Grand Avenue and legally described
as Lots 8-10, Block 10, Butte Addition, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions.
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 Z15095 and move to approve the Campbell Triplex Conditional Use Permit and Certificate of Appropriateness to allow a 25 percent expansion of a lawful,
nonconforming residential use at 1015 South Grand Avenue with recommended
conditions and subject to all applicable code provisions.”
Report Date: Friday, May 8, 2015
Staff Contact: Allyson Brekke, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
A Conditional Use Permit (CUP) application was submitted to the Community Development Department for the building located at 1015 South Grand Avenue, which is located within the
Residential Single-Household, Low Density (R-1) zoning district. The property is also located
within the Bon Ton Historic District and the Neighborhood Conservation Overlay District. The
CUP application is requesting a two-story addition, uncovered deck and entryway enclosure to the rear of the existing building. The CUP is required because of an expansion greater than 20 percent of a lawful, nonconforming residential use. Specifically, the existing building has three
dwelling units (triplex) and is considered nonconforming because it is in an R-1 zoning district,
which is primarily intended for single-household residential development.
The total residential square footage of the existing building is 3,349 square feet, which would allow for a 669.8-square foot expansion without the need of a CUP and City Commission review. The proposal is for an 838.5-square foot, or 25 percent, expansion of
the existing total residential area. The CUP is an allowable option for the proposed
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expansion at 1015 South Grand Avenue because the number of dwelling units on the lot is
not increased with the expansion. A Certificate of Appropriateness (COA) is being
considered in conjunction with the CUP because the addition is considered an exterior
alteration within the Neighborhood Conservation Overlay District. No deviations or variances are requested with this application. A building permit shall be obtained prior to
construction.
At their May 6, 2015 meeting, the Development Review Committee meeting voted unanimously
to recommend approval of the CUP/COA application with the recommended conditions and code
provisions identified in this report.
A more detailed zoning analysis can be found in Appendix A.
A more detailed project description can be found in Appendix B.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 5 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 10
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 14
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ........................... 16
FISCAL EFFECTS ................................................................................................................. 16
ATTACHMENTS ................................................................................................................... 16
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SECTION 1 - MAP SERIES
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Industrial
Residential
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Sanborn Map Post 1943
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SECTION 2 - 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. Any future expansion of this lawful, nonconforming residential use shall require additional
review by the Department of Community Development. The review procedures will be
determined by what is in place within the Bozeman Municipal Code at the time of the proposed further expansion.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
a. Section 13.12.322 BMC the Water/Sewer Superintendent is requiring an inspection of your
water service to determine whether the water service has backflow protection and if such
protection is installed that the device is appropriate for the level of use for the facility. If the
service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate protection, the
applicant will be required to replace the preventer with a preventer that is designed to provide
adequate protection. Please call the Water Department’s Backflow specialist at 582‐3200 to
arrange an inspection of the water service. A standard requirement from the City’s Water
and Sewer Division for all residential and commercial alterations.
b. 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. A standard
recording requirement for all Conditional Use Permit applications. c. Section 38.19.110.I BMC describes the process for termination/revocation of a 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 final site
plan approval in 38.19.120
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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. Standard provisions for all Conditional Use
Permit applications so that the applicant is aware of the revocation options the City has
if complaints of the lawful, nonconforming use are received.
d. Section 38.21.150.F states mechanical equipment must be screened if proposed in affiliation
with the proposed use. It was unclear if any mechanical equipment, such as an air
conditioner unit was being proposed. If it is, screening must be provided.
e. Section 38.23.150.D.7.b that 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. The
proposed exterior lights on the addition must be shielded per this provision.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Campbell Triplex CUP/COA
File No.: Z15095
The Development Review Committee (DRC) considered the Conditional Use Permit (CUP) and
Certificate of Appropriateness (COA) application to allow a greater than 20 percent expansion of
a lawful, nonconforming residential use at 1015 South Grand Avenue. The DRC recommended
conditional approval at the May 6, 2015 meeting.
The City Commission is scheduled to hold a public hearing and review the application at their May 18, 2015 meeting.
SECTION 5 - 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 in this
report is a summary of the completed review.
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Applicable Plan Review Criteria, Section 38.19.100, BMC.
The review authority, in approving a conditional use permit, shall review the application against
the review requirements of section 38.19.100, which are included below:
1. Conformance to and consistency with the City’s adopted growth policy;
The proposed application as conditioned is in compliance with this criterion. The Future Land
Use designation is “Residential” in the Bozeman Community Plan. No conflicts with the goals
and objectives of the Bozeman Community Plan have been identified.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations;
The application will conform to Bozeman Municipal Code (BMC) Chapter 38 “Unified Development Ordinance.” There are no known documented violations with the BMC for the
property.
3. Conformance with all other applicable laws, ordinances, and regulations;
Following final plan approval, the plans will be further evaluated against the requirements of the International Building Code at the time application is made for a building permit for the interior changes associated with the change in use. Conditions of approval address coordination with
other regulating agencies.
4. Relationship of site plan elements to conditions both on and off the property;
Two buildings currently exist on the subject property. The principal building is in the front of the lot and contains three dwelling units. There is a detached accessory garage building in the rear of the lot that contains three garage spaces. The proposed addition is occurring to the rear of
the principal building located on the property and continues the existing building’s ~10-foot
setback along the north side of the property.
This property shares a driveway with the adjacent property to the south. No change occurs to the driveway with this proposal.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions;
The accessory garage structure contains three interior parking spaces. Three more surface
parking spaces are located off the alley to the rear of the garage. The addition does not change the existing number of bedrooms within the building (two bedrooms in each dwelling unit). Therefore, there is no increase in parking demand for the building and the existing parking is
deemed as adequate for the property.
6. Pedestrian and vehicular ingress and egress;
The property may be accessed from both South Grand Avenue by a shared private driveway access and by the rear alley. These two vehicular access points remain unchanged with the proposal.
Pedestrians may access the dwelling units by both the front and rear. The rear stair entrance will
be enclosed with this proposal, but does not increase in footprint size.
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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;
Not applicable. This is a sketch plan classification of project as it is a three-household structure on one property.
8. Open space;
Not applicable. Open space is only required for site plan scale development containing five or
more dwelling units.
9. Building location and height;
See criteria no. 4 for a discussion on building location. The rear addition is proposed at the same
height as the existing building.
10. Setbacks;
The rear addition continues the existing ~10-foot side yard setback from the north property line.
11. Lighting;
Per the required code provisions, all proposed exterior light fixtures must have no light emitted
above a horizontal plane passing through the lowest point of the light emitting element.
12. Provisions for utilities, including efficient public services and facilities;
Per the required code provisions, the Water/Sewer Superintendent is requiring an inspection of
your water service to determine whether the water service has backflow protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the
service has been found without backflow protection the applicant will have a backflow preventer
and expansion tank installed. If the existing device does not provide adequate protection, the
applicant will be required to replace the preventer with a preventer that is designed to provide
adequate protection.
14. Loading and unloading areas;
Not applicable because of the residential use.
15. Grading;
From the submitted plans, it appears the rear addition will be at an equal grade to the existing
building and there is no significant raise or drop between the existing and proposed construction. The grading plan will be examined in more detail during the building permit review.
16. Signage;
Not applicable because of the residential use.
17. Screening;
Any mechanical equipment not shown on the preliminary plan materials that may be proposed later must be screened per the municipal code. This is cited in the required code provisions.
18. Overlay district provisions;
The property is located within the Neighborhood Conservation Overlay District. The rear
addition to the existing building was reviewed under all applicable COA standards and was
found to conform. Overall, the rear addition is set back behind all significant architectural
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features of the existing building and is an appropriate scale and mass. It distinguishes itself from
the historic architecture by being a different, yet compatible, architectural exterior material. The
window placement continues the existing window pattern from the existing building.
19. Other related matters, including relevant comment from affected parties;
No public comment was received in regards to this project. If public comment is received prior
to the City Commission public hearing, it will be forwarded to the City Commission members.
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;
Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code; and
Not applicable.
22. Phasing of development.
No phasing is proposed.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, 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 property addressed as 1015 South Grand Avenue is atypically large for the surrounding
block at 10,500 square feet (75 feet x 140 feet). Three-household (triplex) type developments
require a minimum of 9,000 square feet in lot area and a 60-foot lot width with current zoning
requirements. As demonstrated, this is supplied in excess at this particular property. Additionally, the proposed lot coverage following the expansion is 23.6 percent. This is
significantly less than the potential maximum of 40 percent lot coverage. Therefore, Staff finds
the site adequate in size and topography to accommodate the continued use of the triplex on the
property.
Staff also finds that all yards, spaces, and parking are adequate in their existing condition. The proposed 25 percent expansion of the existing building’s residential area does not increase the
existing number of bedrooms and therefore, does not increase the number of parking spaces
required. Staff expects the expansion will relate with the surrounding land and uses in the same
compatible manner it currently does.
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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; and
With the Community Development recommended conditions of approval and required code
provisions on page 7, the application largely complies with the Unified Development Ordinance. More than the required minimum yard setbacks are supplied with the rear addition. The parking access and locations remain unchanged with the proposal. Therefore, Staff does not anticipate
there will be any material adverse effect on abutting properties.
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;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and efficient manner.
Recommended conditions no. 2 and 3 are conditions that will ensure future development of the
property will occur in an orderly and efficient manner. No. 2 requires all future expansions to
undergo additional review and the no. 3 protects the City and ensures the three historic lots that comprise the property will never be developed independently.
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
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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 plan process and will
be required prior to approval of the final plan. Cited code provision b applies to this issue. A document to be recorded will be provided by the City following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The building located at 1015 South Grand Avenue is
zoned as “R-1” (Residential Single-Household, Low Density District). This zoning is to provide
for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as will serve the area's residents while respecting the residential character and quality of the area.
This particular block of South Grand Avenue contains other multi-household properties as shown
on the land use map Section 1: Map Series of this report.
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 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. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
A Conditional Use Permit (CUP) application was submitted to the Community Development
Department for the building located at 1015 South Grand Avenue, which is located within the Residential Single-Household, Low Density (R-1) zoning district. The property is also located
within the Bon Ton Historic District and the Neighborhood Conservation Overlay District. The
CUP application is requesting a two-story addition, uncovered deck and entryway enclosure to
the rear of the existing building. The CUP is required because of an expansion greater than 20
percent of a lawful, nonconforming residential use. Specifically, the existing building has three dwelling units (triplex) and is considered nonconforming because it is in an R-1 zoning district,
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which is primarily intended for single-household residential development. Based on historic
Sanborn Map records, the existing building was originally built as a triplex between 1943 and
1957 and is considered lawful because it obtained all permits required at the time of
development.
Section 38.32.020.B, “Changes to or expansions of nonconforming uses,” is the specific part
of the Bozeman Municipal Code that addresses the allowable expansions of lawful,
nonconforming residential uses:
“B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying
zoning designation, through the review process required by articles 16, 17, and 19 of
this chapter, without the need to obtain a conditional use permit from the review
authority. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need
of a conditional use permit, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a certificate of appropriateness or building permit shall be obtained prior to
the initiation of construction.”
The total residential square footage of the existing building is 3,349 square feet, which
would allow for a 669.8-square foot expansion without the need of a CUP and City
Commission review. The proposal is for an 838.5-square foot, or 25 percent, expansion of the existing total residential area. A CUP is an allowable option for the proposed expansion
at 1015 South Grand Avenue because the number of dwelling units on the lot is not
increased with the expansion. A Certificate of Appropriateness (COA) is being considered
in conjunction with the CUP because the addition is considered an exterior alteration within
the Neighborhood Conservation Overlay District. No deviations or variances are requested with this application. A building permit shall be obtained prior to construction.
At their May 6, 2015 meeting, the Development Review Committee meeting voted unanimously
to recommend approval of the CUP/COA application with the recommended conditions and code
provisions identified in this report.
All future expansions to the existing building will be considered to be on top of the proposed 25 percent addition and will require further review and consideration by the City of Bozeman.
Staff’s recommended condition no. 2 is the City’s way to include this requirement as a part of the
legal document that is recorded at the Clerk and Recorder’s.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was
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published in the Bozeman Daily Chronicle on May 3 and 10, 2015. In addition, notice was
posted on site on April 30, 2015.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owners/Applicants: Deanna Campbell, 1015 S. Grand Avenue, Bozeman, MT 59715
Report By: Allyson Brekke, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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