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Deviation Narrative 309 N Bozeman Ave. Renovation
Peter McLane
309 N Bozeman Ave, Bozeman MT 59715
Section of BMC proposed for Deviation: We propose a deviation from Section 38.350.050 of the Bozeman
Municipal Code. Specifically, section 4 of A (Permitted Encroachments into Setbacks). Section 4
specifically addresses the encroachments allowed for porches and entries on residential structures.
Extent of Proposed Deviation: According to Table 38.320.020 F, the minimum front setback in our R-3
zoning district is 15 feet. Section 38.350.050 allows an encroachment of 5 feet for porches and entries.
This makes the allowable setback under the BMC guidelines to be 10 feet from the front property line.
The porch that we would like to build would extend 5 feet from the front of our house. This would result
in an encroachment of 2’ inside the allowable setback. The front of the porch would be 8’ from the front
property line.
a. According to the COA design objectives, structures should have a “sense of entry” resulting from
“pronounced architectural forms” such as covered porches. A literal enforcement of the setback
rules for our R-3 zone would result in a covered porch that only extended 3’ from the exterior of
the building. This would not be historically appropriate. The scale of the front porches on our
street are all larger than this. In order to achieve consistent architectural details with respect to
our neighbors, we are requesting that we are allowed to encroach two extra feet into the front
setback.
b. This modification will have minimal adverse effect on abutting properties. The current entryway
on the building is encroaching the same distance into the setback as the new proposed entryway.
The shed-roof shape of the proposed entryway will add additional viewing space, as compared to
the current gable shaped entryway.
c. This modification will have no negative repercussions regarding public health, safety, or general
welfare.