Bozeman commission upholds Guthrie Fifth & Villard site plan after appeal, 4-1

The Bozeman City Commission on April 15 upheld the Community Development Director’s conditional approval of the Guthrie Fifth and Villard site plan, certificate of appropriateness and demolition application (No. 24493), rejecting an appeal and thereby removing the two‑year demolition stay on the property.

The appeal centered on whether the director correctly applied the Neighborhood Conservation Overlay District (NCOD) guidelines and other parts of the Unified Development Code (UDC) when approving a higher‑density, multiunit building on a parcel zoned R5. Commissioners heard testimony and reviewed staff findings on traffic, fire protection, open space and the project’s compliance with the affordable housing ordinance before making their decision.

Mayor Terry Cunningham opened deliberations by framing the legal question for the commission: "The question before us tonight is did the community development director follow the process, adhere to the relevant policies in the course of making the decision or not?" He emphasized the commission’s role was to determine whether the director’s ruling was correct under the code, not to adjudicate constitutional claims or to substitute personal preference for the…