HomeMy WebLinkAboutA1. CUP for ADU Sillman EdelenZ15027 Staff Report for the Stillman/Edelen Accessory Dwelling Unit Conditional Use Permit & Certificate of Appropriateness
Date: City Commission Public Hearing June 1, 2015
Project Description: A Conditional Use Permit (CUP) to allow the establishment of an
Accessory Dwelling Unit (ADU) within a single-household residence and Certificate of
Appropriateness (COA) to allow the demolition and construction of a single-household
residence and roof top solar panels located at 1201 S Grand Avenue. The CUP is required for the establishment of an ADU in an R-1 zoning district. Application Z15027.
Project Location: 1201 S Grand Avenue. The property is zoned R-1 (Residential Single-
Household, Low Density District) and is legally described as Butte Addition, S18, T02, R06
E, Block 16, Lot 1-2, 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 Z15027 and move to approve the Stillman/Edelen Accessory Dwelling Unit
Conditional Use Permit and Certificate of Appropriateness to allow the establishment of an accessory dwelling unit in the basement of the existing residence and the demolition
and construction of a single-household residence with conditions and subject to all
applicable code provisions.
Report Date: Thursday, May 21, 2015
Staff Contact: Heather Davis, Associate Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
Property owners Tyson Stillman and Jessica Edelen submitted a Conditional Use Permit application to allow the establishment of an Accessory Dwelling Unit (ADU) within a single-
household residence, and Certificate of Appropriateness (COA) to allow the demolition and
construction of a single-household residence and roof top solar panels on property located at
1201 S Grand Avenue, Bozeman, MT. ADUs are a conditional use in the R-1 Residential
Single-Household, Low Density District and require a public hearing.
In 2014, the property received approval for the replacement of the foundation for the existing
house, expansion of the basement, installation of basement egress windows and removal of
the existing rear deck (Application Z14058). The proposed construction of a new single-
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household residence will use the existing foundation recently replaced, and will not be
expanding the existing footprint of the house.
At their April 1, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the conditional use permit application with the conditions and code provisions identified in this report. The Administrative Design Review
staff is also recommending approval of the proposed new house based on the findings
outlined in the Neighborhood Conservation Overlay District review criteria.
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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
TABLE OF CONTENTS .......................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 14
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ............... 14
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 16
SECTION 5 - STAFF ANALYSIS......................................................................................... 16
Applicable Plan Review Criteria, Section 38.19.100, BMC. ............................................ 16
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 19
Standards for Certificates of Appropriateness, Section 38.16.050, BMC ........................ 21
Neighborhood Conservation Overlay District Review Criteria ........................................ 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 23
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 24
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 24
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 25
FISCAL EFFECTS ................................................................................................................. 25
ATTACHMENTS ................................................................................................................... 25
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SECTION 1 - MAP SERIES
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Site Plan
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Basem
ent
ADU
Floor Plan –
Less
than
800
square feet
living
area
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Existing Streetscape
Subject Property
Grand Ave
Garfield St
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Subject Property
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Proposed Building Elevations:
Northeast Perspective
Garfield St
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Proposed Building Elevations:
Northwest Perspective
Garfield St
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Proposed Building Elevations:
Southeast Perspective
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Proposed Building Elevations:
Southwest Perspective
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SECTION 2 - 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 project.
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. No more than one of the dwellings, either the principal dwelling or the accessory
dwelling, may be rented by non-owners at the same time.
3. The Department of Community Development’s shall not issue a Demolition Permit until
a Building Permit application for the principal dwelling is received by the Building
Division.
4. If any public sidewalk or curb are damaged during the construction, it is the requirement
of the applicant to 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, sheet
A-1, 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.
5. Prior to issuance of a building permit, the applicant shall consolidate the underlying lots
that comprise the subject property through either a subdivision exemption process or by
filing a Lot Merger Agreement with the Department of Community Development.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
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. Staff will draft the document that must be recorded at the
Gallatin County courthouse. A copy of this recorded document must be submitted with the final plan application.
B. Section 38.22.030.A.2 BMC requires that in addition to the parking required for the
principal residence, one paved off-street parking space is provided for the exclusive use
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of the accessory dwelling unit. The parking provided shall be located on the lot and may
not utilize the on-street parking provisions of Section 38.25 of this chapter.
C. Section 38.23.170 BMC discusses trash enclosures. Temporary storage of garbage, refuse
and other waste materials shall be provided for every use, other than single-household dwellings, duplexes, individually owned town house or condo units, in every zoning
district, except where a property is entirely surrounded by screen walls or buildings
unless alternative provisions are made to keep trash containers inside the garage in which
case an explanation of how trash is dealt with shall be provided in the written narrative
accompanying your final site plan. The size of the trash receptacle shall be appropriately sized for the use and approved by the City Sanitation Department. Accommodations for
recyclables must also be considered. All receptacles shall be located inside of an
approved trash enclosure. A copy of the site plan, indicating the location of the trash
enclosure, dimensions of the receptacle and enclosure and details of the materials used,
shall be sent to and approved by the City Sanitation Division (phone: 582-3238) prior to site plan approval. (e.g. written approval from local waste services for the removal of
solid waste and/or provisions for screening of collection areas shall be provided with the
final site plan).
D. Per Section 38.41.080.A.2.e(3) BMC Location, percentage of parcel and total site, and
square footage for the following: (a) Existing and proposed buildings and structures; (b) Driveway and parking.
E. Per Section 38.41.080.A.2.j(4) BMC, on-site utilities and mechanical equipment shall
be shown on the site plan.
F. Section 38.41.080.A.2.g.7.c BMC requires Utilities and utility rights-of-way or
easements, specifically Telephone, cable TV, and similar utilities. Telephone and cable
are not shown on this site plan. The final site plan must indicate the location of these
utilities. If the existing power utility pole is to be moved, the proposed location shall be shown on the final site plan.
G. Per Section 40.02.750 BMC “Protective Devices”, 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 582-3203 to arrange an
inspection of the water service.
H. Per BMC Section 38.23.150 F, in all light fixtures, the light source and associated lenses
shall not protrude below the edge of the light fixture, and shall not be visible from
adjacent streets or properties. For lighting horizontal areas such as roadways, sidewalks,
entrances and parking areas, fixtures shall meet IESNA “full-cutoff” criteria (no light
output emitted above 90 degrees at any lateral angle around the fixture).
I. Per Section 38.34.100.6, the applicant shall obtain a building permit within one year of
Certificate of Appropriateness approval, or said approval shall become null and void.
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SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Stillman/Edelen ADU CUP/COA
File: Z15027
The Development Review Committee (DRC) considered the conditional use permit application
to allow the establishment of an Accessory Dwelling Unit (ADU) within a single-household
residence and Certificate of Appropriateness (COA) to allow the demolition and construction of
a new single-household residence and roof top solar panels on property located at 1201 S Grand Avenue on March 25 and April 1, 2015 and completed the review with a recommendation of
conditional approval on April 1, 2015. The Administrative Design Review staff is also
recommending approval of the proposed new house based on the findings outlined in the
Neighborhood Conservation Overlay District review criteria.
The City Commission is scheduled to hold a public hearing and review the application at their June 1, 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.
Applicable Plan Review Criteria, Section 38.19.100, 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.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The proposed site plan as conditioned is in compliance with this criterion. The Future Land
Use designation is “Residential” in the Bozeman Community Plan. This use is permitted as a
conditional use within the underlying R-1 zoning district. For more detailed information on
the growth policy designation please see Appendix B.
The project directly responds to the following principals, and goals and objectives of the Growth Policy:
Chapter 6: Housing
6.3 Goal H-1: “Promote an adequate supply of safe, quality housing that is diverse in type,
density, cost, and location with an emphasis on maintaining neighborhood character and stability.”
2. Conformance to this chapter, including the cessation of any current violations
No current violations are known to exist on the site. The proposed uses of the site are
consistent with the allowed uses of the R-1 district. The proposed site layout conforms to the
requirements of the municipal code.
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3. Conformance with all other applicable laws, ordinances, and regulations
No conflicts have been identified. Additional steps are required such as final site plan and
application for building permit which will be addressed as appropriate in the future. In
addition, the project is generally conforming to the standards as presented and will comply fully with identified conditions and code requirements.
4. Relationship of site plan elements to conditions both on and off the property
The ADU is proposed in the basement at 1201 S Grand Avenue. A paved parking space
accessed from the alley is designated for the ADU. A walkway from the paved parking space
to the entrance of the ADU is also proposed for pedestrian access. Vehicle access to the property is from the rear alley. The existing footprint of the dwelling is to remain the same.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
The proposed site plan as conditioned is in compliance with parking requirements in the
BMC. The main residence is proposed as three bedrooms and requires three parking spaces, and the ADU requires one on-site parking space. Two of the three parking spaces for the
main residence are proposed onsite for the residence. One of the three required parking
spaces for the residence is provided on the street. The required dedicated off-street, paved
parking space for the ADU is provided on-site.
6. Pedestrian and vehicular ingress and egress
The pedestrian entrance for the ADU is provided on the rear (west) elevation. The vehicle
access for the ADU is also entirely from the rear alley. A walkway from the paved parking
space to the entrance of the ADU is also proposed for pedestrian access.
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
Mature landscaping is present on site. A separate landscape plan was submitted with the
preliminary site plan application for all existing and proposed landscaping on the site as
required by Bozeman Municipal Code. Final site plan approval is contingent on full
compliance with all applicable landscape standards.
8. Open space
Not applicable.
9. Building location and height
The new residence is located on the existing residence foundation. The proposed height is in
compliance with the R-1 building height ranges. The proposed residence at its highest point is 25’6”. The new ADU is in the basement of the residence and does not modify the building
location or height.
10. Setbacks
The residence complies with all minimum yard setbacks for the R-1 district.
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11. Lighting
No exterior lights are proposed at this time. However, any exterior lighting not shown on the
preliminary plan may be proposed with the final plan and are required to comply with
Section 38.23.150, full cut-off per the zoning code.
12. Provisions for utilities, including efficient public services and facilities
Code provision requiring correction H requires water service to have backflow protection.
Code provision G requires the final site plan to indicate the location of all utilities not
currently shown on the site plan.
13. Site surface drainage
Not applicable.
14. Loading and unloading areas
Not applicable.
15. Grading
No significant grading on the property.
16. Signage
Not applicable.
17. Screening
Any mechanical equipment not shown on the preliminary plan materials that may be
proposed later must be screened per the zoning code.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. Administrative
Design Review staff has reviewed the proposal for conformance with the Design Guidelines
for Historic Preservation and the Neighborhood Conservation Overlay District. Staff found
the proposal to be in conformance with the 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay.
19. Other related matters, including relevant comment from affected parties
One letter of public comment was received in regards to this project and is further discussed
in Appendix C.
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.
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21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
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 proposed ADU, and the property upon which it is proposed, are abiding by all the
specific provisions for ADUs proposed in R-1 zoning, including but not limited to the
following: 1) there is at least 6,000 square feet of lot area, 2) the ADU’s living area is under 800 square feet and doesn’t contain more than one bedroom, and 3) a paved parking space is
provided off-street for the sole use of the ADU. In addition, Staff is including condition of
approval no. 2 that includes the requirement that one of the dwelling units on the property at
all times must be occupied by the property owner. All conditions of approval will be included
in the document that is notarized and recorded at the Gallatin Clerk and Recorder’s office and will therefore, be connected to the property so that all future owners are notified about this requirement. Considering all this information, Staff believes the site is adequate in size
and topography to accommodate such a use.
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;
Staff has not identified any hazards to the public health and safety and finds that the
application generally complies with the Unified Development Code as conditioned. There are
adequate parking facilities, circulation, municipal services, and general improvement of the
property. Staff believes the proposed ADU will have no material adverse effect upon abutting properties.
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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.
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.
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 plan process and will be required prior to approval of the final plan. Item a of code provisions applies to this
issue. A document to be recorded will be provided by the City following preliminary
approval.
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Standards for Certificates of Appropriateness, Section 38.16.050, BMC
Section 38.16.050 specifies the required standards for granting Certificate of Appropriateness
approval for proposed alterations.
A. All work performed in completion of an approved Certificate of Appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995),
published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Department of Planning).
The application proposes demolition of a building that is not considered historically
significant or contributing property as determined by the City’s Historic Preservation Officer.
As the existing building is proposed for demolition, to be replaced with an entirely new
contemporary, non-period structure, the Secretary of the Interior’s (SOI) Standards for Rehabilitation, do not generally apply. The BMC in section 38.16.050.C references that new
construction not related to an historic structure the 2006 Bozeman Design Guidelines for
Historic Preservation and the Neighborhood Conservation Overlay applies as the primary
design review document against which the project is reviewed.
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:
The 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay applies as the primary design review document against which the project is reviewed and incorporates the design elements called out by this code section.
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
In summary, staff finds the development proposal to be in general conformance with this standard. No additional conditions of approval are suggested to bring the project further into
compliance.
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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.
As the existing building is proposed for demolition, to be replaced with an entirely new
contemporary, non-period structure, the Secretary of the Interior’s (SOI) Standards for
Rehabilitation, do not generally apply. The BMC in section 38.16.050.C references that for
new construction not related to historic structure, that the 2006 Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay applies as the primary
design review document against which the project is reviewed. Staff finds the development
proposal to be in general conformance with this standard.
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.
Staff finds the development proposal to be in general conformance with this standard.
E. Conformance with other applicable development standards of this title.
The required criteria for granting site plan applications are examined in the previous section.
F. Tax abatement certificate of appropriateness applications are also reviewed
with the procedures and standards established in chapter 2, article 6, division 2.
The application does not request a Tax Abatement for Historic Preservation.
Neighborhood Conservation Overlay District Review Criteria
The appropriate Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay District have been incorporated into review of the COA criteria above.
Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
In summary, ADR staff finds the development proposal with all materials submitted and
included with the application to be in conformance to specific guidelines within the 2006
Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay. See applicant materials for further information.
Sec. 38.16.080 BMC Demolition or movement of structures or sites within the
conservation district.
A. The demolition or movement of any structure or site within the conservation district shall be subject to the provisions of this article and section. The review procedures and criteria for
the demolition or movement of any structure or site within the conservation district are as
follows:
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1. Applications for the demolition or movement of structures within the conservation district will not be accepted without a complete submittal for the subsequent
development or treatment of the site after the demolition or movement has occurred.
The subsequent development or treatment must be approved before a demolition or moving permit may be issued.
The proposed subsequent development is the site plan and building permit applications for
the mixed use building.
2. The demolition or movement of conservation district principal and accessory
structures or sites, which are designated as intrusive or neutral elements by the state historical and architectural inventory, and that are not within recognized historic districts or in other ways listed on the National Register of Historic Places, shall be subject to review per articles 19 and 34 of this chapter, and the standards outlined
in 38.16.050. The state historical and architectural inventory form shall be reviewed
and, if necessary, updated by a qualified professional acceptable to the state historic preservation office to reflect current conditions on the site, prior to the review of the demolition or movement proposal. The review authority for the demolition or movement of structures or sites described within this section shall be coordinated with
the larger project when demolition or movement is proposed in conjunction with a
deviation, variance, conditional use permit or planned unit development application.
The Montana Historical and Architectural Inventory form shows this building as an intrusive element within a potential historic district. The building is not within a recognized historic
district, and the building is not listed on the National Register of Historic Places. As such, the
project is subject to review under the plan review chapter and the standards outlined in
Section 38.16.050, Certificate of Appropriateness.
3. The demolition or movement of conservation district principal and accessory structures or sites, which are designated as contributing elements by the state historical and architectural inventory, and all properties within historic districts and all
landmarks, shall be subject to public notice. Notice shall be provided in accordance
with article 40 of this chapter. Prior to any final action on the application the review authority shall receive a recommendation from the historic preservation office; and if the demolition does not conform to the criteria below a recommendation from the historic preservation advisory board.
Not applicable. The building is not a contributing element as designated by the state
historical and architectural inventory is not within a historic district, or a designated landmark.
APPENDIX A – PROJECT SITE ZONING AND GROWTH
POLICY
Zoning Designation and Land Uses: The subject property is zoned “R-1” (Residential Single-
Household, Low Density District). The intent of the R-1 residential district 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.”
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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
Project Description
Property owners Tyson Stillman and Jessica Edelen submitted a Conditional Use Permit
application to allow the establishment of an Accessory Dwelling Unit (ADU) within a single-
household residence, and Certificate of Appropriateness (COA) to allow the demolition and construction of a new single-household residence and roof top solar panels on property
located at 1201 S Grand Avenue, Bozeman, MT. ADUs are a conditional use in the R-1
Residential Single-Household, Low Density District and require a public hearing.
In 2014, the property received approval for the replacement of the foundation for the existing
house, expansion of the basement, installation of basement egress windows and removal of the existing rear deck (Application Z14058). The proposed construction of a new single-
household residence will use the existing foundation recently replaced, and will not be
expanding the existing footprint of the house.
At their April 1, 2015 meeting, the Development Review Committee meeting voted
unanimously to recommend approval of the conditional use permit application with the conditions and code provisions identified in this report. The Administrative Design Review
staff is also recommending approval of the proposed new house based on the findings
outlined in the Neighborhood Conservation Overlay District review criteria.
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 and published
twice in the Bozeman Daily Chronicle at least 15 and not more than 45 days prior to the expected
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Z15027 Staff Report for Stillman/Edelen ADU CUP & COA Page 25 of 25
decision by the City Commission. The notices was published in the Bozeman Daily Chronicle on
April 18 and 19, 2015. In addition, notice was posted on site and mailed to surrounding property
owners on March 26, 2015.
One letter of public comment was received in regards to this project, expressing concern about the modern design and scale of the proposed new house and the parking layout of the ADU.
APPENDIX D – OWNER INFORMATION AND REVIEWING
STAFF
Owners/Applicants: Tyson Stillman and Jess Edelen, 1201 S Grand Avenue, Bozeman
Representative: Ryan Walters, MFGR Designs, PO Box 1001, Bozeman, MT 9715
Report By: Heather Davis, 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
Public Comment Letter
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Heather Davis
From:Gail Schontzler <gschontzler17@gmail.com>
Sent:Friday, March 27, 2015 11:50 AM
To:Courtney Kramer; Heather Davis; kmccafferty@bresnan.net
Subject:Protest CUP for 1201 S. Grand Ave.
Hi, Courtney and Heather,
I'm writing to protest the proposed conditional use permit for 1201 S. Grand Ave., requested by Tyson Stillman and
Jesse Edelen.
The modern design and scale do not fit the neighborhood, where most homes were built just before and after World
War II. Instead of having to look at a small eyesore of a hippy house in a perennial state of reconstruction, we will have to look
at a giant two‐store wall facing Garfield Street. A big box in a neighborhood of small cottage‐style homes.
I'm still angry at the city for approving the giant house in the 1100 block of South Willson, built after a fire destroyed
the former residence. It is completely out of scale, dwarfing its neighbors. I fear the South Grand design will achieve the same
result.
Big. And. Ugly .
I'm also protesting the proposed CUP for a basement apartment at 1201 S. Grand Ave. I think there's no parking in
their layout, so I assume the tenants will have to park on the street, adding to congestion.
Heather Davis explained to me that this is an overlay district that requires certificates of appropriateness. This design
is not appropriate for the neighborhood. It's great that the neighbors want to fix up their house. Unfortunately the design
their architects have come up with will be just another eyesore.
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1
Heather Davis
From:Gail Schontzler <gschontzler17@gmail.com>
Sent:Friday, March 27, 2015 1:39 PM
To:Heather Davis
Subject:Re: Protest CUP for 1201 S. Grand Ave.
Hi Heather, I apologize. Every time I hit return to make a new paragraph, Gmail sends my message before I'm
ready. I meant to sign my original email message properly, Gail Schontzler, 1115 South Grand Ave.
On Fri, Mar 27, 2015 at 1:37 PM, Gail Schontzler <gschontzler17@gmail.com> wrote:
Hi, Heather,
On Fri, Mar 27, 2015 at 11:55 AM, Heather Davis <HDavis@bozeman.net> wrote:
Thank you Gail for your comment. I will be adding it to the file and it will be part of the packet going to the City
Commission for consideration.
Thanks again,
Heather
From: Gail Schontzler [mailto:gschontzler17@gmail.com]
Sent: Friday, March 27, 2015 11:50 AM
To: Courtney Kramer; Heather Davis; kmccafferty@bresnan.net
Subject: Protest CUP for 1201 S. Grand Ave.
Hi, Courtney and Heather,
I'm writing to protest the proposed conditional use permit for 1201 S. Grand Ave., requested by Tyson Stillman and Jesse Edelen.
The modern design and scale do not fit the neighborhood, where most homes were built just before and after World War II. Instead of having
to look at a small eyesore of a hippy house in a perennial state of reconstruction, we will have to look at a giant two‐store wall facing Garfield Street. A
big box in a neighborhood of small cottage‐style homes.
I'm still angry at the city for approving the giant house in the 1100 block of South Willson, built after a fire destroyed the former residence. It
is completely out of scale, dwarfing its neighbors. I fear the South Grand design will achieve the same result.
Big. And. Ugly .
I'm also protesting the proposed CUP for a basement apartment at 1201 S. Grand Ave. I think there's no parking in their layout, so I assume
the tenants will have to park on the street, adding to congestion.
321
2
Heather Davis explained to me that this is an overlay district that requires certificates of appropriateness. This design is not appropriate for
the neighborhood. It's great that the neighbors want to fix up their house. Unfortunately the design their architects have come up with will be just
another eyesore.
All City of Bozeman emails are subject to the Right to Know provisions of Montana’s
Constitution (Art. II, Sect. 9) and may be considered a “public record” per Sect. 2-6-202
and Sect. 2-6-401, Montana Code Annotated. As such, this email, its sender and receiver,
and the contents may be available for public disclosure and will be retained pursuant to the
City’s record retention policies. Emails that contain confidential information related to
individual privacy may be protected from disclosure under law.
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