HomeMy WebLinkAboutA1. Mistretta SP COA DEVPage 1 of 25
15093, Staff Report for the MISTRETTA ADDITION SK COA/ DEV
Date: CITY COMMISSION meeting is on JULY 20, 2015
Project Description: A Sketch Plan Certificate of Appropriateness requesting one deviation
to enable the construction of an addition in the rear yard of the residence.
Project Location: 439 North Black Avenue, Lots 16-17, Block E, R06 E, T02 S, S07,
Beall’s 2nd Addition, 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 15093 and move to approve the Mistretta Sketch
Plan and Certificate of Appropriateness with a deviation to allow a 10
encroachment into a 15 foot required yard with conditions and subject to all
applicable code provisions.
Report Date: July 14, 2015
Staff Contact: Courtney Kramer, Historic Preservation Officer
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues for this application.
Project Summary
This is a Certificate of Appropriateness application requesting one deviation from Municipal
Code to enable new construction in the 15 foot yard setback along Short Street. The new
construction would replace and expand a portion of the existing building to the west, or rear,
of the existing structure.
The COA is under review by the City Commission because it requests deviations to modify
the historic structure. The requested deviations exceed the 20 percent threshold that would
enable review by the Director of Community Development. Deviations are available to this
property as a relaxation from Municipal Code standards because the property is located
within the Neighborhood Conservation Overlay District. Portions of the residence already
located in the 15 foot yard setback are legally non-conforming, and the proposed project does
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not exceed the threshold to operate and maintain a non-conforming situation, as evaluated on
page 16 of this Staff Report.
Staff recommends approval of the project because the proposed addition to the west meets
the Certificate of Appropriateness criteria and is a more appropriate alternative to new
construction in the front yard along North Black Avenue or a second story addition.
Alternatives
The Commission could:
1. Approve the requested COA and deviations as recommended by Staff;
2. Make the necessary findings to deny the requested COA and deviations;
3. Approve a lesser deviation for the deck after making findings in support; or,
4. Table the application and request additional information from Staff or the Applicant.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 5
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 7
SECTION 5 - STAFF ANALYSIS AND FINDINGS ............................................................. 7
Standards for Certificates of Appropriateness, Section 38.16.050, BMC .......................... 8
Neighborhood Conservation Overlay District Review Criteria ........................................ 18
Deviation Review Criteria Within the Neighborhood Conservation Overlay District –
Section 38.16.070.............................................................................................................. 21
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 24
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 25
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 25
FISCAL EFFECTS ................................................................................................................. 25
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ATTACHMENTS ................................................................................................................... 25
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
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SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
Relaxations have been requested from the following sections.
1) Section 38.08.050 “Yards,” to allow new construction 10 feet into the required 15 foot
yard setback along Short Street. The application proposes to provide a 5 foot yard setback
instead of 15 feet required by Bozeman Municipal Code.
Required
setback
Proposed
setback
Total linear feet
of the proposed
encroachment
Percentage the proposed
setback deviates from
Municipal Code
Proposed setbacks
for new structures 15 feet 5 feet 24 linear feet 67%
Proposed setbacks
for new porches
and decks
15 feet 7 feet 7 feet, 8 inches
linear feet 53%
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SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the planned unit development. Additional conditions may
apply to the subdivision of the property being processed concurrently with this planned unit
development.
Recommended Conditions of Approval:
1. Unless otherwise filed with property, and prior to issuance of Building Permit, the owner
shall provide and file with the County Clerk & Recorder an executed Waiver of Right to Protest Creation of Special Improvement Districts (SID) for the following:
i. Street, curb, gutter and sidewalk improvements to East Short Street.
The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the owner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
2. Prior to issuance of a building permit, the applicant shall consolidate the two 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.
This agreement will be supplied by planning staff.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Mistretta Sketch Plan and Certificate of Appropriateness with
Deviation
File: 15093
Having considered the criteria established for a Sketch Plan Certificate of Appropriateness and
the criteria for issuance of a deviation, Staff recommends conditional approval of the project.
Staff forwards a recommendation of conditional approval to the City Commission, who will
consider the proposal on July 20, 2015. The City Commission public hearing will occur at 121
North Rouse Avenue, Bozeman MT, in the City Commission room at 6 pm.
Should the City Commission approve the Certificate of Appropriateness and deviation, the
project will still be subject to Building Permit and Impact Fees.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
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the review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
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.
Property History and Historic Classification:
The residence at 439 North Black Avenue is identified as “Contributing” to a potential historic
district by the 1984 Montana Historical and Architectural Inventory. This classification was
verified in a 2015 cultural resources reconnaissance survey of the area by the Department of
Community Development. The property’s historic significance relates to the “Civic Phase” of
Bozeman’s development, which spanned 1884-1912.
According to the City’s Historic and Architectural Context (2008), “The Civic Phase may be
defined as a period of civic coming of age, appropriately inaugurated by incorporation of the
City of Bozeman and by the arrival of the Northern Pacific Railroad. For Bozeman, it meant the
attainment of social and economic diversity in the form of the Agricultural College, improved
transportation networks, expanded city services and public utilities, and fledgling industries
related to agricultural and mineral resources. Victorian Revival architecture built during the
Civic Phase encompassed Victorian Gothic, Romanesque Revival, Ruskinian Gothic, Queen
Anne, and Colonial Revival. Eclecticism and individualism characterized both commercial and
residential architecture, even when house pattern books were the source of designs. A tension
developed between diversity and standardization in the nation's growing industrial culture, and
this had its analogies in Bozeman's built environment.”
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The residence at 439 North Black Avenue is an example of modest vernacular architecture which
characterizes Bozeman’s northeast neighborhood. Architectural historians use the term
“Vernacular” or “Folk” to describe a structure that displays the form and design commonly
popular at the time of construction but constructed without the guidance of an architect.
The residence first appears on a 1904 Sanborn Fire Insurance Map of Bozeman as a modest
single-story structure set back from the street, with an earth cellar and accessory structures along
the alley to the west.
The 1912 Sanborn Map indicates the construction of an addition to the north of the residence,
towards Short Street and on the northern property line. A survey performed of the property in
2015 indicates that the northern portion of this addition is actually five feet from the property
line. The map also shows a small addition to the north west of the residence and a larger addition
to the rear of the residence in the center of the lot.
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The property remained generally in this configuration through the 1950’s, as recorded on the
1957 Sanborn Map.
The space between the northwest addition and the western addition was filled by new
construction sometime between 1957 and 1984, when the property was recorded by the Montana
Historical and Architectural Inventory.
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The 1984 Montana Historical and Architectural Inventory deemed the property “Contributing” to
a potential historic district in the surrounding vicinity. The residential neighborhoods north of
Main Street evolved into a decidedly working class area after the turn of the 20th century. Early
occupants of the residence include and Ella Moxley, who signed the 1928 Sewer Connection
card.
Currently, there is no effort to develop a historic district nomination in this area. The residence
remains, however, a tangible reminder of Bozeman’s residential development during the Civic
Phase.
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
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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).
This application proposes demolition of the western portions of the existing structure, in order to
enable new construction of an addition on the west façade of the residence at 439 North Black
Avenue. The property is not within an established historic district, is not individually listed on
the National Register of Historic Places and was classified as “Contributing” to a potential
historic district in the 1984 Montana Historical and Architectural Inventory.
The Secretary of the Interior’s (SOI) Standards for Rehabilitation, codified as 36 CFR 67, are the
appropriate criteria through which to consider the project. The Rehabilitation Standards
acknowledge “the need to alter or add to a historic property to meet continuing or changing uses
while retaining the property's historic character.” A link to the National Park Service’s website
for the SOI Standards for Rehabilitation is available here:
http://www.nps.gov/tps/standards/rehabilitation.htm
The Standards also encompass related landscape features and the building’s site and environment
as well as attached, adjacent, or related new construction.
The SOI Standards for Rehabilitation are:
Rehabilitation Standard #1: A property shall be used for its historic purpose or be placed in a
new use that requires minimal change to the defining characteristics of the building and its site
and environment.
The application proposes continued residential use of the property.
Rehabilitation Standard #2: The historic character of a property shall be retained and
preserved. The removal of historic materials or alteration of features and spaces that
characterize a property shall be avoided.
The application proposes demolition of additions to the rear of the residence, to enable a new,
larger addition to the rear. Construction of a new addition to the rear enables preservation of the
uniquely large front yard setback along North Black Avenue as well as the mass and scale of the
residence’s front façade.
Rehabilitation Standard #3: Each property shall be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be undertaken.
The application does not propose to add conjectural features or architectural elements that would
create a false sense of historic development.
Rehabilitation Standard #4: Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
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The application does propose demolition of additions which were constructed during the Civic
Phase’s period of significance. These additions, however, are to the rear of the structure and are
not the primary visual features of the building.
Rehabilitation Standard #5: Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic property shall be preserved.
The application proposes preservation of the stone foundation of the 1912 addition, as well as the
building’s overall mass and scale.
Rehabilitation Standard #6: Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement of a distinctive feature, the
new feature shall match the old in design, color, texture, and other visual qualities and, where
possible, materials. Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
The application proposes the replacement of deteriorated exterior shingles, as well as historic
windows. The new materials will reflect the old in dimension.
Rehabilitation Standard #7: Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
The application does not propose chemical or physical treatments to historic materials.
Rehabilitation Standard #8: Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation measures shall be
undertaken.
There are no known archaeological resources on the site.
Rehabilitation Standard #9: New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its environment.
The application proposes an addition that protects the historic integrity of the 1904-1912 portions
of the structure, as well as the unique site layout of the residential property. The proposed
addition is compatible in massing, size scale and architectural features to the original portions of
the residence.
Rehabilitation Standard #10: New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
The proposed addition could be removed from the existing structure in a manner that would
leave the original massing, scale, roof shape and site layout of the 1904-192 residence intact.
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Staff finds that the proposed modifications generally satisfy the Secretary of the Interior’s
Standards for Rehabilitation.
B. Architectural appearance design guidelines used to consider the appropriateness
and compatibility of proposed alterations with original design features of subject
structures or properties, and with neighboring structures and properties, shall focus
upon the following:
1. Height;
The application proposes to maintain the residence’s existing height of 16 feet 8 inches. Staff
finds maintaining the residence’s existing height to be appropriate for the existing residence
and the surrounding neighborhood.
2. Proportions of doors and windows;
The application proposes to maintain the location and proportions of existing doors and
windows. Staff finds this appropriate for the existing residence and in the context of the
surrounding neighborhood.
3. Relationship of building masses and spaces;
The application proposes to generally preserve the residence’s existing massing and the
spatial layout of the property. The proposed addition, to the rear (west) of the older portions
of the residence, would continue a century-old tradition on the property of construction of
one-story additions to the rear. An addition to the rear would also preserve the uniquely large
front-yard setback on the property. Staff finds the proposed building mass and spaces
appropriate for the residence and the surrounding neighborhood.
4. Roof shape;
The application proposes to maintain the residence’s primary gable, which is parallel to
North Black Avenue. A second gable, running perpendicular to North Black and parallel to
Short Street, is proposed to provide a roof for the addition. Staff finds these proposed roof
shapes appropriate for the residence and the surrounding neighborhood.
5. Scale;
The existing residence originated as a modestly-sized, single story vernacular home. The
residences in the immediate vicinity were developed as modestly-sized, single-story
residential structures. Recent reinvestment in the area has tended towards one-and-one-half
and two-story structures, especially to the south, across the street from Beall Park. The
proposed addition to the rear preserves the scale of the existing residence from North Black
Avenue, while providing sufficient space for continued residential use of the property. Staff
finds that the proposed addition will not negatively affect the scale of the property, and is
appropriate within the context of the surrounding neighborhood.
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6. Directional expression;
The residence’s primary directional expression is to North Black Avenue to the east. The
proposed modifications will preserve this directional expression, which is appropriate.
7. Architectural details;
The proposed modifications maintain the vernacular design aesthetic of the residence, and
does not propose to add conjectural details which make the residence more upscale than
originally constructed. This is appropriate, given the history of the residence and the
surrounding neighborhood.
8. Concealment of non-period appurtenances, such as mechanical equipment; and
The application materials do not indicate the presence of exterior mechanical equipment. Per
Municipal Code, all exterior mechanical equipment must be located outside of a required
front or rear yard and screened from view.
9. Materials and color scheme.
The application proposes the use of Hardie-board siding, rock detailing and a standing seam
metal roof. These materials reflect the residence’s original date of construction and are
appropriate for the residence and northeast neighborhood.
C. Contemporary, nonperiod and innovative design of new structures and
additions to existing structures shall be encouraged when such new construction or
additions do not destroy significant historical, cultural or architectural structures, or
their components, and when such design is compatible with the foregoing elements of
the structure and the surrounding structures.
The application proposes an addition to an existing structure in a manner that does not destroy
the residence’s historic mass, scale, roofline, relationship to the site or other architectural
components. Staff finds that the proposed addition is appropriate for the residence and in the
context of the surrounding neighborhood.
D. When applying the standards of subsections A-C, the review authority shall
be guided by the Design Guidelines for the Neighborhood Conservation Overlay
District which are hereby incorporated by this reference. When reviewing a
contemporary, non-period, or innovative design of new structures, or addition to
existing structure, the review authority shall be guided by the Design Guidelines for the
Neighborhood Conservation Overlay District to determine whether the proposal is
compatible with any existing or surrounding structures.
The Design Guidelines have been incorporated into the comments on the previous page
addressing the architectural appearance design guidelines, as well as evaluated below on page 18
of this Staff Report.
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E. Conformance with other applicable development standards of this title.
The application requests a deviation from 38.08.050 “Yards,” to allow new construction 10 feet
into the required 15 foot yard setback along Short Street. The application proposes to provide a 5
foot yard setback instead of 15 feet required by Bozeman Municipal Code. The requested
deviation is evaluated below, on page 21 of this Staff Report.
The application proposes to develop three bedrooms in the house. There is currently one off-
street parking space in the garage to the west of the property, as well as one existing parking
space in front of the garage doors. A third parking space is located on the street. The application
satisfies the Unified Development Code’s parking requirements.
Preservation of the non-conforming portion of the structure
The application proposes the continued use of the northern portions of the structure which was
added between 1904 and 1912. This portion of the residence is legally non-conforming for
setbacks and subject to Sec. 38.32.40.B, which states: “The right to operate and maintain a
nonconforming structure shall terminate when the structure is destroyed by any means to an
extent of more than 50 percent of its replacement cost at the time of destruction. However, in the
event of damage by natural disaster to the extent described herein, said nonconforming
nonresidential structure may be reestablished through a conditional use permit procedure as set
forth in article 19 of this chapter. Such restoration shall comply to the maximum extent feasible
with the requirements of this chapter.”
The applicants provided the following plan indicating the extent of demolition of the structure:
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The applicant provided an evaluation of the existing structure’s taxable value and the value of
the proposed demolition:
Current Taxable Building Value $ 145,606.00
50% of the taxable value $ 72,803.00
Square footage of existing building 1580
Value per squ. Foot of existing building $ 92.16
Squ. Footage of existing building to be demo'd 397
Value of square footage to be demo'd $ 36,585.81
The value of the demolition is $36,585.81, which is far less than half of the non-conforming
structure’s value of $145,606.00. Thus, the proposed demolition does not exceed the 50% value
threshold, and the maintenance and continued operation of the non-conforming sections of the
residence is allowed by Municipal Code.
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F. Tax abatement certificate of appropriateness applications are also reviewed
with the procedures and standards established in chapter 2, article 6, division 2.
Not applicable.
Neighborhood Conservation Overlay District Review Criteria
Chapter 1. Rehabilitation Guidelines for Historic Properties
A. Character-Defining Features
The application proposes to maintain the residence’s Vernacular-style and minimal
architectural features. The application proposes an addition that respects the existing mass,
scale, roofline and overall form of the existing structure.
B. Historic Building Materials
The application proposes the preservation of the exposed stone foundation on the north side
of the residence. The remaining building materials will be replaced.
C. Individual Building Features
Windows
The application proposes replacement of all exterior windows in their existing locations, with
a wood interior, metal clad window. The window openings will remain in their current size
and proportion and new windows will match, as closely as possible, the profile of the sash
and its components to the existing windows.
Doors
The primary entrance will be retained. The original exterior door is no longer installed on the
residence.
Roofs
The application proposes preservation of the original roof form of the existing structure. The
application proposes use of a standing seam metal roof, which is a vernacular evolution for a
residential structure of this nature.
Foundations
The application proposes preservation and continued use of the existing foundation.
E. Rehabilitation of Historic Residential Properties
Porches
The application proposes to preserve the existing front porch stoop. According to historic
Sanborn Fire Insurance Maps, a porch was added to the east elevation of the residence
between 1912 and 1927. The porch remained open through the 1957 Sanborn Map, but is
now enclosed. The application proposes no modifications to the existing front stoop.
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Additions to Residential Properties
The application proposes an addition to the rear (west) of the existing residence. The
proposed addition minimizes the loss of historically significant features and minimizes the
visual impact to the front of the residence. The proposed design is one-story in height and
extends existing roof forms. This respects the building’s original mass and scale, and makes
the proposed addition in character with the existing building.
F. Secondary Structures
The application proposes preservation of the existing secondary structure.
G. Adaptive Re-use
The application proposes an addition which will enable continued residential use of the
property.
H. Historic Additions
The application proposes the preservation of the addition made to the property between 1904
and 1912.
Chapter 2. Design Guidelines for All Properties
A. Topography
The site is generally level and the application proposes minimal modifications to the site’s
topography that would be visible from the public right of way.
B. Street Patterns
The application does not propose modifications to the existing street pattern.
C. Alleys
The application does not propose modifications to the alley.
D. Streetscape
The application does not propose modification to the existing street or sidewalk design.
There is already one street tree in the planting strip.
E. Landscape Design
The application proposes to preserve existing vegetation on the site.
F. Building Form
The application proposes a gable roof form for the addition, which builds off of the existing
roof lines.
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G. Solid-to-Void Ratio
The application proposes a solid-to-void ratio that is similar to that found on the existing
house, as well as that found on residential structures in the surrounding neighborhood.
H. Materials
The application proposes to replace deteriorated exterior shingles with new Hardie-board lap
siding and stone, which will match the portions of exposed stone foundation found at the
northern end of the existing residence. The proposed materials appear similar to those used
traditionally in the neighborhood.
I. Architectural Character
The proposed addition builds on the vernacular architectural character of the existing
residence. A single-story addition to the rear, which maintains and extends existing roof
gables, is an appropriate approach to an addition on a residence of this time period.
Chapter 3. Guidelines for Residential Character Areas
A. Hierarchy of Public and Private Space
The application proposes preservation of the existing front yard and walkway from the
sidewalk to the front stoop, which clearly defines the front entrance.
B. Building Mass and Scale
The application proposes an addition to the rear of the existing structure, which is modest in
scale. The proposed addition includes a full basement and only a ground floor living space.
The existing façade along North Black Avenue will be preserved. The proposed design is
similar in mass and scale to those single household residences which exist in the surrounding
neighborhood. The Design Guidelines recommend that new construction reflect the
established mass and scale of the existing neighborhood in an effort to conserve the
neighborhood’s rhythm and pattern while enabling new development.
C. Roof Form
The application includes a sloped roof design that is similar to those seen traditionally on the
block.
D. Secondary Structures
The existing accessory garage will remain in its current location. A new accessory structure
is not proposed with this application.
F. Fences and Retaining Walls
The application materials do not detail a new fence or retaining wall. Fences which satisfy
the requirements of Sec. 38.16.040.A.1.a.1 BMC are exempt from COA review: “Fences
meeting all other provisions of this chapter (e.g. height limitations, street vision triangle,
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finished side out, etc. per section 38.23.130) which are built of wood, wrought-iron, or any
other nonsynthetic material and whose construction allows "transparency" as set forth
in Chapter 3, Section F of the design guidelines referenced in section 38.16.050.D. Chain
link fencing is not included in this exception.”
Deviation Review Criteria Within the Neighborhood Conservation Overlay District – Section
38.16.070
Relaxations have been requested from the following sections.
1) Section 38.08.050 “Yards,” to allow new construction 10 feet into the required 15 foot
yard setback along Short Street. The application proposes to provide a 5 foot yard setback
instead of 15 feet required by Bozeman Municipal Code.
Required
setback
Proposed
setback
Total linear feet
of the proposed
encroachment
Percentage the proposed
setback deviates from
Municipal Code
Proposed setbacks
for new structures 15 feet 5 feet 24 linear feet 67%
Proposed setbacks
for new porches
and decks
15 feet 7 feet 7 feet, 8 inches
linear feet 53%
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1. Modifications shall be more historically appropriate for the building and site in
question and the adjacent properties, as determined by the standards in section
38.16.050, than would be achieved under a literal enforcement of this chapter;
The application proposes an addition to the west of the existing residence, which is in keeping
with the property’s historic evolution. The northern wall of the proposed addition would align
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with the northern wall of the existing residence, which was constructed sometime between 1904
and 1912, and is five feet from the northern property line along Short Street.
Staff finds the proposed location of an addition, and related deviation, more historically
appropriate for the building and the site in question. An addition located in the front yard setback
to the north, along Short Street, preserves the large front yard setback along North Black Avenue
as well as the mass and scale of the modestly-sized residence, which would be destroyed if the
alternative second story addition were proposed.
2. Modifications will have minimal adverse effect on abutting properties or the
permitted uses thereof; and
The proposed addition is located to the rear of the existing structure, with the requested deviation
putting the residential structure closer to Short Street rather than closer to neighbors. Staff finds
that the modifications will have a minimal adverse effect on abutting properties.
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.
Staff finds that the proposed deviation will have no effect on the public health, safety and general
welfare.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential, Medium Density, and is located within the
Neighborhood Conservation Overlay District. The residence is not located within an established
historic district. The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within the
city. It should provide for a variety of housing types to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation:
The property is designated as Residential in the Growth Policy. The Residential land use
category is described as: “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
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15093, Staff Report for the MISTRETTA ADDITION SK/COA W/ DEVIATION
Page 25 of 25
designation indicates that it is expected that development will occur within municipal
boundaries, which may require annexation prior to development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
This is a Sketch Plan Certificate of Appropriateness which proposes construction of an addition
in the rear yard of the residence at 439 North Black Avenue. The application requests one
deviation, from Bozeman Municipal Code Section 38.08.050 “Yards,” to allow new construction
10 feet into the required 15 foot yard setback along Short Street. The application proposes to
provide a 5 foot yard setback instead of 15 feet required by Bozeman Municipal Code.
Project Background
The application was initially received in April 2015, and deemed complete for review on May
18, 2015. City Commission review of the application was delayed until July 20, 2015, due to the
City Commission’s full agendas in June 2015 and at the applicant’s request due to a planned
vacation in July.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A public notice of the Certificate of Appropriateness with a requested deviation was issued on
June 24, 2015. A notice was posted on site, mailed to adjoining owners of property within 200
feet of the project site, and issued in the “Legals” section of the Bozeman Daily Chronicle on
July 12 and 19, 2015. The public comment period will close with the City Commission meeting
on July 20, 2015.
The Department of Community Development has received one item of public comment at the
time of this Staff Report, from adjacent property owners Rob and Lisa Pertzborn, in support of
the project.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner & Applicant: Jeremy & Katy Mistretta, 439 north Black Avenue, Bozeman, MT 59715
Report By: Courtney Kramer, Historic Preservation Officer
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Sketch Plan Certificate of Appropriateness with Deviations.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials, Public comment
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Development Review Application A1 Page 1 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms:Presentation of submitted plans and specifications
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
A1
Mistretta Addition
Partial Demo, Remodel & New Addition of current residence.
Jeremy and Katy Mistretta
439 N. Black, Bozeman, MT 59715
406-570-6199
jeremy@newageartisans.com
Jeremy and Katy Mistretta
439 N. Black, Bozeman, MT 59715
406-570-6199
jeremy@newageartisans.com
Franklin Design
721 S. Grand, Bozeman, MT 59715
406-570-6119
charbroil310@yahoo.com
439 N. Black, Bozeman, MT 59715
R-3
Single Family Residential
Residential
BEALLS 2ND ADD, S07,T02 S, R06 E, BLOCK E, LOT 16-17, ACRES 0.225
70
Development Review Application A1 Page 2 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms:Presentation of submitted plans and specifications
Overlay
District:Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 25 AND 27)
Gross Area: Acres:Square Feet:
Net Area: Acres:Square Feet:
Dwelling
Units:
Nonresidential
Gross
Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted
forms.Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22 Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Zoning Verification ZV
8. Condominium Review CR 24. Regulated Activities in
Wetlands
RW
9. PUD concept plan PUDC 25. Zone Map Amendment (non
Annexation)
ZMA
10. PUD preliminary plan PUDP 26. UDC Text Amendment ZTA
11. PUD final plan PUDFP 27. Growth Policy Amendment GPA
12. Annexation and Initial Zoning ANNX 28. Modification/Plan
Amendment
MOD
13. Administrative Interpretation
Appeal
AIA 29. Extension of Approved Plan EXT
14. Administrative Project Decision
Appeal
APA 30. Reasonable
Accommodation
RA
15. Commercial Nonresidential COA CCOA 31. Other:
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
B. Applications received by a rolling deadline of Wednesday at 5pm will be reviewed to determine
if they are acceptable within five working days of the application deadline. Applications deemed
acceptable for review will begin staff review immediately or be scheduled for Development
Review Committee review in ten working days from the application deadline.
1580 Existing
2920 Proposed
X
X
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Development Review Application A1 Page 3 of 3 Revision Date 4-27-15
Required Forms: Varies by project type Recommended Forms:Presentation of submitted plans and specifications
C. Application materials shall be submitted for each application as shown in the specific
guidance and checklists that is provided for each application type. A common development
review application form and common notice materials may be provided for an application that
includes more than one application type. All other application materials shall be submitted for
each individual application type per the project guidance and checklists.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different)
before the submittal will be accepted.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this
application for review under the terms and provisions of the Bozeman Municipal Code. It is
further indicated that any work undertaken to complete a development approved by the City of
Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any
special conditions established by the approval authority. I acknowledge that the City has an
Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant
City personnel and other review agency representative’s access to the subject site during the
course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above
information is true and correct to the best of my (our) knowledge.
Certification of Completion and Compliance – I understand that conditions of approval may be
applied to the application and that I will comply with any conditions of approval or make
necessary corrections to the application materials in order to comply with municipal code
provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that
construction not in compliance with the approved final plan may result in delays of occupancy or
costs to correct noncompliance.
Applicant
Signature:
Printed Name:
Owner
Signature:
Printed Name:
Owner
Signature
Printed Name:
If signing as a corporation, please provide the title and position of the individual signing on behalf of
the corporation. Attach separate sheets for additional owner signatures.
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
72
73
74
75
76
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JKM-Cost Exhibit 2015
Page 1 of 1
The proposed project is a residential remodel and addition at 439 North Black. The project involves partial demolition of the existing structure, and a new addition to the
West of the original historic home. This cost exhibit is provided in response to
Bozeman Municipal Code Section 38.32.040 – Nonconforming structures.
(B) The right to operate and maintain a nonconforming structure shall terminate
when the structure is destroyed by any means to an extent of more than 50
percent of its replacement cost at the time of destruction.
The current Taxable Building Value is $145,606.
The current square footage of the existing building is 1580.
The current value per sf is $145,606/1580 = $92.16 per sf.
The area of demolition is 397 sf
The value of the demolition area is 397 x $92.16 = $36,587.52
50% of the current taxable value is $72,803
$36,587.52 is less than 50% of the replacement value. Therefore, the right to operate
and maintain a nonconforming structure is retained.
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JKM-N1-ADDRESS LIST 2015
Page 1 of 3
PERTZBORN ROBERT J & LISA M 433 N BLACK AVE BOZEMAN, MT 59715-3611
IERONIMO JEFFREY J 429 N BLACK AVE BOZEMAN, MT 59715-3611
SMITH GREG ALAN 423 N BLACK AVE BOZEMAN, MT 59715-3611
HOLLINGSWORTH TERRENCE C & MOLLY 440 N TRACY AVE BOZEMAN, MT 59715-3529
REACH INC 2134 INDUSTRIAL DR BOZEMAN, MT 59715-2244
BRANDT ALLEN D 430 N TRACY AVE BOZEMAN, MT 59715-352
NOBLE KATHRYN A PO BOX 922 SUMMERLAND, CA 93067-0922
WALK SETH 502 N TRACY AVE BOZEMAN, MT 59715-3531
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JKM-N1-ADDRESS LIST 2015
Page 2 of 3
HANNON SALLY ANONA TRUST 506 N TRACY AVE BOZEMAN, MT 59715-3531
KATZ PAUL L
C/O MANAGEMENT SERVICES
BOZEMAN, MT 59718
SABO MARK & JENNIFER PO BOX 65 HARRISON, MT 59735-0065
HUNTER WILLIAM HAWKINS 510 N BLACK AVE BOZEMAN, MT 59715-3613
BEST MICHAEL 514 N BLACK AVE BOZEMAN, MT 59715-3613
DRYSDALE FAMILY LLC 511 PERKINS PL BOZEMAN, MT 59715-3738
WHITE CHRISTOPHER D & CAROLYN S 95 LITTLE WOLF RD BOZEMAN, MT 59715-8740
OXNAM RONALD J
524B N BLACK AVE
BOZEMAN, MT 59715-3613
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JKM-N1-ADDRESS LIST 2015
Page 3 of 3
THOMPSON CAROL & RICHARD E & 528 N BLACK AVE BOZEMAN, MT 59715-3613
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JKM-Narrative 2015
Page 1 of 1
The proposed project is a residential remodel and addition at 439 North Black. The project involves partial demolition of the existing structure, and a new addition to the
West of the original historic home. A deviation is necessary to preserve the historic
integrity of the property, as well as provide the Owners with adequate space for their
young family.
This proposal involves a small historic home, owned by Jeremy and Katy Mistretta, of
Bozeman. The Sanborn maps show the home originating between 1891 and 1904 on
the corner of North Black Avenue and Short Street. Sometime between the 1904 map
and the 1912 map, there was an addition to the North side of the house. This addition established the current setback of 5’-0” from the property line on Short St.
The proposed addition would honor this historic precedent, set over 100 years ago, and
be built aligned with the existing home along the 5’-0” setback on the North side of the
property. To enforce a 20’-0” setback on this side of the home would significantly impede the owner’s ability to create an addition that is historically sensitive to the neighborhood, while increasing the footprint to accommodate the spatial needs of the
family and providing a usable back yard. The utmost care has been exercised in the
design of the addition to blend seamlessly with the existing structure, as well as the
surrounding neighborhood. Historically correct siding and window treatments are proposed to match the existing building and neighborhood. The impact from the Black Ave. elevation is minimized to only reveal a small portion of the new addition. The roof
lines do not add any additional height to the structure, preserving the historic character
and look of the home.
The modifications will have minimal negative impact on the surrounding neighbors. The addition is designed to be historically sensitive and is placed on the site in such a way
as to hide most of the structure behind the existing garage. The site is covered by
existing large hedges on three sides, which will further obstruct views to the addition.
The modifications will protect assure the protection of public health, safety and general welfare, by providing the owners, their guests, and neighbors an up-to-date structure, following current building codes and regulations.
This project is requesting a deviation from the Bozeman Municipal Code Section
38.08.050 – Yards. The required setback in the R-3 district (b) Adjacent to collector streets as designated in the city growth policy, 20 feet.
The site plan, sheet A0, shows the proposed addition to be placed aligned with the
existing building, 5’-0” from the property line on the North. Granting this deviation would
allow the construction of the proposed addition to proceed in the historically sensitive manner in which it is currently designed.
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Noticing Materials Page 1 of 1 Revision Date 4-27-15
Required Forms: N1 Recommended Forms: NA
CITY OF BOZEMAN
DEPARTMENT OF COMMUNITY DEVELOPMENT
NOTICING MATERIALS
Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker.
SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1.
Legible list of full names and addresses of all property owners within 200 feet of the project
site and not physically contiguous (touching a boundary) to the subdivision, attached to this
checklist. Clearly label list ADJOINER NOT CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the adjoining property owners.
Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS.
Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names
and addresses of the physically contiguous property owners including recorded purchasers
under contract for deed.
Two sets additional mailing labels with the names and addresses of the physically
contiguous property owners including recorded purchasers under contract for deed attached.
NOTICE
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION
I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all
condominium owners, within 200 feet of the property located at ________________________________________________________, is a true and accurate list
from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project.
_______________________________________
Signature
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
N1
83
From:ROB
To:Courtney Kramer
Cc:Lisa Pertzborn
Subject:439 North Black (Mistretta) COA No. 15093
Date:Monday, June 29, 2015 4:44:20 PM
Greetings -
Jeremy & Katy Mistretta shared their plans for expansion and remodeling with us. We are aware theproject includes a setback deviation.
We are writing to express our strong support for the project. The design is well thought out and will bean asset to the neighborhood.
Thanks for the opportunity to comment.
Rob & Lisa Pertzborn433 North Black Ave587.2425
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