HomeMy WebLinkAboutA1. Modification West Koch StreetPage 1 of 14
Z-15109, Staff Report Update for the Martin 402 W Koch St. COA/DEV
Modification
Date: City Commission meeting on June 8, 2015 is a continuation of an initial public
hearing begun on May 11, 2015.
Project Description: A modification to a previously approved Certificate of
Appropriateness with a deviation to allow the reconstruction of the residence at 402
West Koch Street.
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 Z15109 and move to approve the modified Certificate
of Appropriateness with a Deviation with conditions and subject to all applicable
code provisions.
Project Summary
In April 2014, the City Commission approved a COA with deviation for: 1) an addition to the
rear of the existing building; 2) rehabilitation of the existing residence; and 3) related site
improvements. The house was demolished in April 2015. The applicant is seeking approval
to reconstruct the house based on the previously approved COA with deviation.
This report only addresses questions raised at the May 11, 2015 public hearing. All materials
provided for that date are available through the City’s online Commission materials archive.
All public comments received to date are included in the online comments archive.
At the May 11, 2015 public hearing the application was continued to June 8th to provide
additional information for the Commission and enable the applicant to finalize the plans they
were seeking to have approved. Revised floor plans have been provided which depict
removal of the bathroom and changed layout of the office space on the main floor. These
changes do not alter the exterior of the home. Two new conditions, numbers 7 and 8, have
been added to address concerns raised by the City Commission during discussion at the May
11th meeting. The deviation analysis in Section 5 of this report has been revised to provide
greater clarity and address questions raised by the Commission at the May 11, 2015 public
hearing. The current request for amendment reopens the question of the whether or not the
deviation is appropriate by seeking a material modification to the originally approved project.
In the specific application under consideration there are two primary competing issues –
strict application of the code procedures and protection and advancement of historic character
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of a neighborhood. It is necessary that a balance be found that “will give effect to them all”
i.e., due consideration of all provisions within the Unified Development Code.
Staff concludes that it is an appropriate balancing of issues for the City to grant the deviation
in order to facilitate the construction of a home which is substantially similar to what was
there previously and which was never approved to be removed. The changes to the exterior
are consistent with the previous review under application Z14060. As shown in the staff
report for May 11, 2015 the required review criteria for the external appearance of the
building are satisfied with the present application. The necessary public process has been
followed to provide public notice, participation, and review of the application.
The Commission has no obligation to reach the same conclusions as those in this report.
Denial of the deviation would have the effect of requiring removal of the 9 feet by 16 feet
mudroom on the west of the home and a corresponding area of the basement from the
project.
Project History
This application is seeking approval of a modification to a Certificate of Appropriateness
application (Z14060) requesting a deviation from Sec. 38.08.050 “Yards” of the Bozeman
Municipal Code. Application Z14060 was approved by the City Commission 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 and an
addition 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 is to address the reconstruction of the home.
The City Commission was the review authority for the project initially because the deviation
exceeded the limitation for deviations which can be 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 5:19:00 in the
recording of the Commission meeting. Therefore, the City Commission is the review
authority for this amendment.
The amended application seeks approval to reconstruct the home consistent with the setbacks
shown on the site plan 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; and
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3) Addition of a shed dormer on the west elevation on the 2nd story.
A set of approved and proposed elevations were provided with the staff report provided for
the May 11, 2015 public hearing. They are labeled as to whether that individual elevation is
changed or approved. Some new conditions were suggested by Staff to address the amended
application. See the discussion under the deviation criteria as well for additional information.
The application refers to a second deviation for an encroachment to Koch Street but it is not
necessary and has therefore been removed.
Report Date: May 27, 2015
Staff Contact: Chris Saunders, Policy and Planning Manager
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
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 ...................................................................................................... 3
Unresolved Issues .............................................................. Error! Bookmark not defined.
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 7
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Summary ............................................................................................................................. 7
Deviation Review Criteria Within the Neighborhood Conservation Overlay District –
Section 38.16.070................................................................................................................ 8
ATTACHMENTS ................................................................................................................... 14
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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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Aerial photograph of the project site and near vicinity.
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Image of the originally approved setback deviation and preexisting encroachment
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
A deviation has been requested from the following section.
1) Section 38.08.050 to allow portions of the residence 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. One condition which was imposed with the original application is not listed as it
has been fully completed and requires no further action.
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.
7. A notice of restriction prepared by the City shall be recorded by the applicant with the
Gallatin County Clerk and Recorder and evidence of recording provided to the City prior
to issuance of a building permit. The notice shall advise potential future purchasers of the
limitation on bedrooms relating to parking and directing future purchasers to contact the
City for additional information.
8. All building permit submittals shall be consistent with the floor plans and elevations
approved by the City Commission. All construction shall be consistent with the building
permit plans approved by the City.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. None have been identified at this time.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Summary
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 of this
application 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
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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. The findings of the report are the same as the
report for the May 11th public hearing; with the exception of those findings presented below.
The findings below reach the same conclusions as the report for May 11th but have been
restructured for greater clarity.
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 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;
A. Background. 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 are more appropriate for
the historic building in question than would be achieved under a literal enforcement of this
chapter.
After issuance of a building permit, the home was demolished beyond the level approved by
the City Commission.
New Proposal
The current application proposes to maintain the same deviation as originally approved with
application Z14060. The applicant proposes to reconstruct a nearly identical home in the
same footprint as the previously existing home.
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Section 38.32.050 addresses modifications and expansions to non-conforming structures.
The original home at 402 W. Koch was constructed in 1919, 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 (Z14060) was properly 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. The new application is likewise
being processed as a sketch plan with Certificate of Appropriateness with a deviation.
Process and Related Code Sections
1) 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 is a material modification to the original application
(Z14060) 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 3-8 have been added to address the
amended application. Fully opening the application also reopens the question of the deviation
and whether it does or does not meet the required criteria.
2) Section 38.32.040 states that destruction of more than 50% of the replacement value of a
non-conforming structure causes its protected non-conforming status to be lost. In making
the determination of value for residential properties the City considers the minimum building
code requirements and not finishes such as carpet or paint. The maintenance and continued
use of a non-conforming structure may be continued until the 50% of replacement value
threshold is passed.
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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 replacement value would have been
removed had the plans been executed exactly as approved by the City Commission with
application Z14060. 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 due to historic nature of the
property and the resultant community pattern.
3) The COA is still an active permit. The building permit was issued within the required time
period and work began. It is recognized that actions occurred which were not consistent with
the approved permit. However, the application is within the required timelines and permits
have not expired. Therefore, the applicant may, under the provisions of Section 38.01.070,
seek modifications to the application. The consequence is that the current application for
COA amendment may seek approval to reestablish the principal dwelling in the same
footprint and for the same deviation as requested originally.
4) Deviations are discretionary decisions by the review authority upon a finding that the
criteria established in Section 38.16.070 have been met. This evaluation and finding requires
the application of judgment by the review authority. The current request for amendment
reopens the question of the whether or not the deviation is appropriate by seeking a material
modification to the originally approved project. The City Commission could choose to
approve or not approve the continuation of the deviation. If the deviation is not granted again
substantial redesign of the project will be required.
5) Deviations in the Neighborhood Conservation Overlay District are used “to encourage
restoration and rehabilitation activity that would contribute to the overall historic character of
the community, deviations from underlying zoning requirements may be granted…” see
Section 38.16.070, BMC. Typically an all new construction does not meet this purpose.
However, this application is for new construction to construct a home substantially the same
as the home which was demolished beyond the scope of the approved permit. Section
38.16.080.A.6 allows the City to require reconstruction of structures removed without
appropriate approvals. At 402 W. Koch Street, the reconstruction cannot occur in the same
footprint without the deviation because the original location encroached in to the required
front yard along S. 4th Avenue.
Further, deviations address the issue of adjacent properties. South 4th Avenue is an unusual
street in that it is much narrower than other Avenues in Bozeman and has been treated for
many years as an alley rather 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 nearby properties including those immediately to the east and on the blocks to the
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north and south. Reconstructing home in the existing footprint, which requires the deviation,
is more historically appropriate for the site and the overall neighborhood character.
As 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 regarding contribution to the “overall historic
character of the community…”.
6) Section 38.01.040 sets out the purposes of Chapter 38, BMC. There are several dozen
explicit purposes addressing a wide range of subjects. These purposes shape and guide the
understanding of all the text within Chapter 38. Pursing of any one of these purposes without
regard to the other purposes of the Chapter will result in disharmony and conflict between
standards. It is necessary to read and apply the document as a whole.
7) Section 38.16.080 sets standards relating to demolition of structures within the
Neighborhood Conservation Overlay District. Application Z14060 did not address the terms
of this section since it did not request approval for complete demolition of the structure.
Application Z15109 does not address the standards of this section because a) the structure is
already demolished and it is not practicable to do the evaluation necessary to determine
whether the standard has or has not been met, and b) there is no decision to be made as the
home is already destroyed.
8) Section 38.35.060 authorizes zoning variance and establishes the criteria for consideration
of a variance. After consideration of the criteria, Staff finds that criteria 2.a could not be met
with the present application as the difficulties the variance would be seeking to resolve are
primarily a direct result of landowner actions.
9) Section 38.01.050.C states “When interpreting the meaning of this chapter, subsections of
the chapter shall be construed in a manner that will give effect to them all as the chapter
derives its meaning from the entire body of text taken together.”
In the specific application under consideration there are two primary competing issues –
strict application of the code procedures and protection and advancement of historic character
of a neighborhood. It is necessary that a balance be found that “will give effect to them all.”
Conclusion
After evaluating:
• all the applicable portions of Chapter 38, BMC, and
• considering the procedural requirements applicable to certificates of appropriateness
and deviations, and
• considering public comment for and against the application, and
• the factual elements of applications Z14060 and Z15109, and the character of the
neighborhood:
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Staff concludes that it is an appropriate balancing of issues for the City to grant the deviation
in order to facilitate the construction of a home which is substantially similar to what was
there previously and which was never approved to be removed. The changes to the exterior
are consistent with the previous review under application Z14060. As shown in the staff
report for May 11, 2015 the required review criteria for the external appearance of the
building are satisfied with the present application. The necessary public process has been
followed to provide public notice, participation, and review of the application.
Staff finds that this criterion has been met. Staff further finds that the circumstances of this
application are unusual. It should not be considered as setting a precedent for any other
application.
If after consideration of all the matters before it the Commission reaches a different
conclusion as to the appropriate balance between the purposes of Chapter 38 and the
applicable criteria they may make findings in support of that decision and not approve the
deviation. The Commission has no obligation to reach the same conclusions as those in this
report. Denial of the deviation would have the effect of requiring removal of the 9 feet by 16
feet mudroom on the west of the home and a corresponding area of the basement from 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 as the application was continued from
May 11th.
The proposed encroachment is similar in extent to others along S. 4th Avenue. The
encroachment has been present for over 95 years until demolition of the building. Staff finds
that the requested yard deviation will have minimal adverse effect on abutting properties or
the permitted uses thereof.
Public comment was received from the property owner to the west in support of the
deviation. That public comment was provided to the Commission with the materials for May
11th. The property owner to the west will be most directly affected by placement of the
building with or without the deviation.
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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 protect 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 to 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.
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. Z151009 Revised floor plans
2. Application materials and original staff report are available from the City’s online
Commission materials archive.
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