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HomeMy WebLinkAbout11- Notice of Appeal for COA/ADR No. Z-11099, 125 W. MendenhallANGEL, COIL & BARTLETT ATTORNEYS AND COUNSELORS AT LAW 7 125 WEST MENDENHALL ST- STE 20t BOZEMAN, MONTANA 59715 -3544 PHONE: 406-586-1926 FACSIMILE. 406-585-7654 July 8, 2011 City of Bozeman City Clerk C.O. Dept of Planning and Development 20 E. Olive Street Bozeman, MT 59715 Fax: 582.2263 Re: COA/ADR#z-11099 Decision dated June 30, 2011 Notice of Appeal Please treat this as a formal appeal of the decision to disallow the residing of the building at 125 W. Mendenhall with rusted, corrugated siding. The existing building is sided with stucco, a material not very suitable to the region and weather of Bozeman. The policy H. Materials cited by the City of Bozeman specifically relates to "new structures and additions to existing structures." We are not building a new structure or adding any addition to the existing structure. The policy does not apply. The Guideline cited by the City addresses "materials ... that appears similar to those traditionally used in the area." We share a common wall with a building that has corrugated blue metal with the same profile as that we propose to use, without any treatment to generate a rust colored appearance. The rear of this building has no windows, no structural breaks,, and aside from hail damage and stucco that is falling away in large sheets, it is uniform MICHAEL C. COIL - V/1WAm A. BARTLEI T • BRIAN P. FAY - CI--IRIST0r R. ANCEL HILLARY PRUGH CARLS ' MARK J. LUERECK * DANIEL P. BUCKLEY ` TIMOTHY P. HAMMAR CHARLE F ANCEL 111 1932 - 20CIS in appearance. Our proposal will resolve the stucco siding issue and create a uniform appearance. We respectfully request issuance of a permit so we can have the shell of the building resided before winter. Respectfully submitt i ist st eLg�el RE: (COA /ADR #Z- 110199), Certificate of Appropriateness application to allow a change in exterior facade design and materials, with other related alterations, to the principal building located at 125 West :{Mendenhall Street. 'llie property is zoned as "B -3" (Central Business District) and is located within the Neighborhood Conservation Overlay District, Dear Mr. Angel: The Bozeman Department, of Planning & Community Development received your Certificate of Appropriateness (COA) application for exterior alterations at 125 West Mendenhall Street. Your application materials were reviewed against the Bozeman Unified Development Ordinance (UDO) and the Design Guidelines for the Neighborhood Conservation Overlay District. Unfortunately, your application is not found to abide by the COA "materials" standards and architectural design guidelines. Staff forwarded a recommendation of denial to the acting Planning Director, who is ultimately responsible for the final decision. In conclusion, the Planning Director has determined the application shall be denied by the Department of Planning. All COA applications must abide by the standards and architectural appearance design guidelines listed in Section 18.' 8. 05(9.11 of the UDC), as well as be guided by the applicable chapters of the Bozeman Design Guidelines for Historic PresenTation & the Neighborhood Conservation Overlay District. You can find paper copies of these documents at the Department of Planning office, or you can find digital copies of these documents at this website: 17t `xr��na .bozeman.net br>zemaa7 �lannixa IandUse,as x. Chapter 2.H of the Bozeman Design Guidelines for Historic Preservation applies to this proposal because the structure located at 125 West Mendenhall Street is within the Neighborhood Conservation Overlay District, Please reference the following architectural design guidelines that Planning Staff found to be in conflict with the proposal and the reason for the denial; Chapter 2: Design Guidelines for All Properties H. Materials Policy: Buildin,g materialr of neaal slrw1ures and addilaons to existing structures should �onttibule ro .the visival e•onfinuz�y of llae nei, bborlaood! Tbg should appear shnilar° to those seen tr'adil onal� to ertahlardr a ,cease of visr al corrrr`rruaty, Guidelines: 1. Existing structures should contribute to the visual continuity of the neighborhood by using materials that appear similar to those used traditionally in the area As the applicant, you have the right to appeal a COA /ADR final decision. An appeal must be documented by filing a notice of intent to appeal with the Cite Clerk by 5:00 pm can the fourth business day following the final decision (listed at the bottom of this page). In addition, a documented appeal and appeal fee must be provided within seven business planning • zoning . subdivision review . onnexoiion • historic preservation • housing 0 grant administration • neighborhood coordination days of the (Final decision. YOU May obtain additional information and form from the Department of Planning. For the department's contact information, please see the letterhead. I'm aware that this decision is not what you had hoped Fear tivith this project submittal.. Please know that Planning Staff is willing to work with you to find an alternative design, which can be reviewed in an amendment to your originally submitted plans. If you have additional questions, or want to discuss design modifications, please do not hesitate in scheduling a meeting with me by calling 406- 582 -2260, Sincerelh .y Al vson C.' ristor Associate Planner CC: Schmit Construction, Ron 5chmit, 75 Hitching Post Rd., 13ozeman, MT 59715 For office rase oniy DATE OF FILIAL DECIS101 DIRECTOR'S SIGNATURE Eli, . ON I .1f ssvio ISBIJ COINOS3Md rl 0 cd 0 cn 0 Ln no -4 r. f cc all o \ e \ \ \� cc U) N —4 Ln r- 0) Ln w r--4 5 it Ll. LLJ > F- a) V) u I 'E E / 2 U - J Ln R 0 Ln LU cO E 0 0 cn < IsO lam IN