Bozeman commission rejects deviation for six‑story boutique hotel patio that would encroach on Bozeman Creek setback

The Bozeman City Commission on May 20 rejected a developer’s request to allow a patio, small awning and related utilities to encroach into the 35‑foot watercourse setback for Bozeman Creek as part of a proposed six‑story hotel at 240 East Mendenhall Street.

The hotel developer sought a deviation from the neighborhood conservation overlay district standard so the project could include an outdoor patio along the creek, on‑site stormwater facilities and certain utility connections within the setback. Brian Krueger, development review manager for the city’s Department of Community Development, told commissioners the project’s primary footprint would remain outside the setback and that staff found the deviation met the code criteria for review.

“The building footprint is outside of the watercourse setback,” Krueger said during the presentation, noting the proposal would leave the existing rubble wall and most trees intact and would include native landscaping. Krueger also said city staff and the applicant were coordinating concurrent floodplain permitting and that a state 3‑10 stream permit may be required before construction.

Intrinsic Architecture’s Rob Pertzborn, representing…